Newspaper of The New York Herald, March 11, 1843, Page 2

Newspaper of The New York Herald dated March 11, 1843 Page 2
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M-W YQRg HERALDmw fork, Naturrtuy, ICarek 11, IMS. To N?w.|m|i?r and Lltenury Agtali and the Public generally. tbe " Nkw Yosk Autiit," a monthly magazine of ltterat'iiv rohinn. and the fine arts, will he published n>tfu.niiv irem this office, on the first of each month. La Jar i'? new management, this Magazine will be made equal, it not superior, to auy other in the country, in original literature, poetry, engravings, and everything uteresting to the lashionnble and intellectual portion af ne public. The number lor April will contain a most oeautilul engraving, accompanied with a description of the FOUNTAIN IN THK TARK. , Other engraving*, colored and plain, with anew and ; original plate of the latest Ladies' Fashions, will also en- j rich this number. From these and other arrangements, it is intended to ] give to the Aktist one of thenighest charscters of any literary magazine In the country, u helher it be in poetry, I and ongiual sketches ol society and fashion?elevated cri. ? icism?elegant writing, or specimens of the fine arts. e No expense will be spared?no mode of right enterprise ( n v -rlooked, In order to effect this object. Our present com- s petitors are " Graham's Magazine,'' with a supposed circulation of 40,000 copies?" Godey's Book " with a circu- T let,on of 46.000 copies?both published at Philadelphia, j with two or three magazines here, of less circulation. Onr purpose is to make the " New York Artist,'' reach a popu- j lardy?a character, an originality and a circulation equal to any of these very popular magazines. New York is the great centre and soul of genius, literature, fashion and ] ho fine arts on thi- continent Our easv and rapid access to London and to Paris (particularly with the latter when iheir steam lines shall he established,) to procursthe ear- 1 liest fashions, is better than that of any other city on this e continent. Also, a variety o( now and interesting features j ill be added to the Artist in the course of its future pub- j location NEWSMEN and PERIODICAL AOENT8, throughout the country, will please to transmit, post paid their orders to the undersigned at as early a day as possible. Subscribers in the country, remitting f3, post paid, will receive the Astist for one year bv mail. JAMES GORDON BENNETT. Ppilishkh or thk "Ahtist" MauaziNK. Herald Orrica, North West corner of Fulton and Nassau street. March 10, 1643. flO- No Great Western yet. Twenty-eight days out thia soon. Tut Next Presidency.?Every where parties, eliquet, individuals, conventions, and newspapers are preparing for the agitation of the next presi- j deney?but particularly so in this city. Last night Mr. Woodbury gave a very elaborate .lecture on free trade, which may be set down as th? ???? A*>^,A&A in f?vnr nf John C. ("!?] houn in this quarter The Free Trade Association, before which this lecture was delivered, is an organized party for the advancement ot that statesman to the presidency. Next Wednesday, we shall have Messrs. Wise and Cashing developing the principles ol Captain Tyler, at the Mass Convention, which we find now is to meet at the Broadway Tabernacle. Meantime the whigs and the democrats?friends of Cay or of Van Bureu?are not idle. In fact everything is preparing for a very warm coatest for the next Presidency. The Somers Tragedy?Mr. Butler's Argument in the United States' Circuit Court ?This Courtroom was crowded yesterday with the highest legal profession of this city, together with numerous private citizens, and even some ladies. The Grand Jury were also in attendance. The great interest felt in hearing the argument, a report of which is given in another column, is most remarkable, inas- ] much as it is not of a popular character, but one j purely and exclusively legal. Mr. Butler has evi- 1 dently devoted much time, and very close and deep j application to the subject, and his argument is ac- i cordingly profoundly elaborate, and evincingjfreat 1 research. This speech is upon a subject of vital importance to our civil liberities and rights, and also to the, due administration of justice between the people of these United States As his speech embraces and condenses all the strong points, and important views upon the right of jurisdiction in Certain cases as claimed for the United States Courts, it will be found of indispensable value to all lawyers who look tor eminence in their profession, and also to our State and National Legislators. We shall accordingly report Mr. Butler's speech in full, not only for the benefit of the legal profession, but also for *h? gratification of the great multitudes who feel a deep and absorbing interest in the fate of Commander McKenzie. And notwithstanding all that has been said, or what Judge Bettsmay decide upon, we believe every impartial friend of human rights, human liberty, and human justice, desires that filis anomalous case should come before a jury of a civil court. It is utterly impossible to satisfy public opinion, now or hereafter, unless this course be taken.? The points to be examined are of the most serious character to the navy?to the nation?to the people ?and to civilized society itself. Advice Gratis.?The very worthy and exceedingly potent spirits, forming the " Tyler guard" of New York, composed of John L. Graham, Postmaster; Redwood Fisher, his deputy; Edward Curtis, Collector; and Paul B. George, Naval Store keeper, would do well to manage their several newspaper organs with more decency and propriety. The best tempered dogs, we know, will bite and snarl at passengers if they are hungry, and kept on a short allowance?hence the " Guard" should be liberal in their allowance of " spoils" to "Tray, Blanche and Sweetheart." Their policy should be to make friends?to increase supporters? for Heaven knows they want them, indeed. Certainlv. it cannot be their interest in malro ro on... mies to the cause of Tyler, than it already has?a course which, like a todiacal light, floats 45 degrees in the broad expanse of the political firmament, nd will disappear next morning. This is our honest advice to the Tyler guard, for which we charge nothing?all advertisements must, however, be paid for in cash. New Movements in Fourikrism.?Messrs. Brisbane and Greeley have commenced an entirely new movement in Fourieris m. It appears they have already received some #50,000 towards the erection of a grand establishment somewhere over in New Jersey, the completion of which will ultimately require about #200,000. If they will take pattern of Joe Smith, they will succeed better in their project Joe's example is a bright and shining light, and his footsteps have already become " illustrious " From the revelations made by Fourier we understand they are to enjoy a n^w species of paradise. That instead of five senses they are to have some ten or twelve senses, opening as many new sources of enjoyment, which will be proportion.ibly increased. A new series of movements ? ,1, ,an> I'inuc, a nun ui nikgmuun or VIS1III tion from one sphere to another, altogether constituting probably the harmony of the spheres. We lire not sure that we rightly apprehend these new revelations, and this very doubt shows the necessity of the Fourier philosophers getting up a series of lectures, and disclosing the whole system of their mysteries. At present they seent to be keeping them in the back ground, waiting, we suppose, till Messrs Joseph Smith and William Miller get out of the way. Ohio River.?Ob the 6th inst there were five feet of water in the channel at Pittsburg and five and a half feet on the 7th at Wheeling. Naval ?Commander W. W. McKean has been appointed Governor of the Naval Asylum, at Philadelphia. y-lfarnden's and Adams' express lines from Boston, arrived at a quarter past six o'clock yester day morning uj-Pomeroy V Co , last eveni.ig, gave us papers from Albany, Syracuse, Bullalo, Utica, and Rorhester, twenty four hours in idvance of the mail. ^.piinen V 1 >pp nrrived at half past six last evening, with Albany pa|iers of yesterday morning. Sju Charles Bsoor was no better on the 8d .natani _ Yitrt W Lt. rtift BE t'l.EANRIi ? -( utrsel, etc in shacking condition. Mud is ancle dee V. circuit Court. Before Judge Belt*. < Tit* Semen Tragedy?On the openingofthe Court, yer J larday, his Honor Judge Belt* (aid, thai he we* lr?*?4.y c hear the argument* of con mm 1, on the question* fubmitted j to the Court by the Orand Jurv, i? relation to the com- t plaint* against Commander McKenrie and Lieut. tiansevoort. t Mr.Duxa?It is only within the hut hour that I have been t informed that I am expected to take part in this argument , I ara altogether unprepaiod, and cannot consent that the < argument should pi> cced to-day, unlo** the oppositecoun- t sel give me till to-morrow to reply. , Judge Bktti? I'lie opening argument will be o tiered ( Dy them. j Mr. OcKH?Of cour*p. If they give me till to morrow to t reply, 1 ?hall agieethat they go on, butotherwueit would be unpossible tor me to concent. I have not had time to examine authorities, and am literally wholly unprepared. < I expected last evening that another counsel would ocou- i [>y the place I am now called on to take. i M, n..~. -- ur- ..... ? r?41 tUmA Mr. Du'-r should have time to prepare. 1 Mr. O'Cowwoa? We are altogether agreeable that Mr. i >uer should hare the privilege he request*. A* 1 remark- i d yesterday, we deem it very desirable that your Honor, i in healing what would be offered on the part of the pro- i ecution, should also hare the matter as fully elucidated I is possible by the counsel ofthe accused. j Mr. Dueb?I beg you will not say " accused." I object I nost decidedly to the use of such a term as applied to us. i inch a phrase is at least rather inconsiderate. ' Mr. CCownob?Surely we are the accusing party, and i 011 are the objects of an accusation. i Mr. Butler?Will you be ready to-morrow ? 1 Mr. Duer?Certainly ; I do not ask for any longer de- | ay- 1 Judge Bett??Who opens the argument? I Mr. Butler then rose, and thus adlressed the Court:? I May it please the Court?The questions which have been i lubmitted by the Uraud Jury te your Honor, for the pur- I >ose of obtaining your instruction and advice, involve, I irst, the general enquiry whether the Circuit Court ol the I United States has juris fiction over offences Committed on i ward a United States ship of war on the high seas, out of i :he territorial jurisdiction of any particular State, but I within the admiralty and marine jurisdiction of the United States 1 And, secondly, whether if the Courts of the I United States possess such jurisdiction in respocttoany I offences, they possess that jurisdiction in regard to the of"ences complained of to the Grand Jury in the papers sub- I mitted to this Court by that body ? In theae papers, the < Court will recollect complaints were made against Alex- i ander Slidell McKensia and Guert Gansevoort, for the i murder of two persons, alleged to have been committed on I the high seas, on board the United States brig Somers, out [>f the jurisdiction of any particular State, hut within the admiralty and maritime jurisdiction of the United States; and also for the crime of manslaughter, in procuring the I death of one Elisha Small, under the some circumstances. < The parties againat whom these accusations are prefer- | red, have been brought within the Southern District of I the State of New York, and this circumstance Is to De tak- i en ia connexion with the other circumstances stated in I the complaint The answer, which in the opinion of the | counsel for the complainants, should be given to these i 3u?nlons, is, that the Circuit Court of the United States | oes possess jurisdiction to try and to punish certain j ofT-nces committed on board ships of war in the i service of the United States ; and that among those certain offences, of which they suppose the civil courts of I the United States have jurisdiction in particular offences I complainedot in the papers laid before the Grand Jury, i are included, that is to say, that the offences of murder i and of manslaughter,*hough committed on board a United I States ship oi war, are yet within the jurisdiction of the i civil tribuuals of the United States, provided that these i offences were committed on the high seas, out of the jurisdiction of any particular State, but within the ad- | miralty and maritime jurisdiction o:' the United States, < and provided also that the offenders have been brought i within the territorial jurisdiction of the United States.? The Counsel for the prosecution will endeavor to maintain in the course of the discussion now originated by these questions, that the answer which I have just suggested i should be given to them. And before I enter on that discussion, 1 desire to place distinctly before the Court and the Counsel on the opposite side, the length and the breadth of the doctrines for which we contend. I am the more desirous to do this, not only because it Is of the highest importance in all forensic discussions, that the real points oi controversy should be distinctly understood by the disputants-, but because I have reason to believe, and indeed to know?for the matters connected with this subject are matters of public history and concernment?that the most vague and erroneous impressions are entertained, not merely by the community at large, but even by i professional men, and by jurists of the highest distinction | md the most venerable age, in regard to the doctrine con- 1 ended for by the Counsel for the prosecution. And let I ne first suggest what we do not contend fbr. We do not i -ontend, if the court please, that any civil tribunal has ju- ! 'isdiction to try any offence peculiar to the naval code, c my breach of the rules and regulations for the govern. I mam of the navy?any breach of discipline?any unotlt c cerlike conduct, any offence in fine which grows out of s the naval code, regarded as a code peculiar and contradis- t tinguished from the general law of the land. We do nst < contend that any civil tribunal of the United States has | authority to bring befoie it, and try and punish any offl- i cer, marine, or seaman, employed in the navy of the United States for an offence which can be committed only by 1 a person connected with the navy, and standing in that relation to the subject. All these offences, whether they relate to discipline, otfirerlike conduct, or any other matter which is peculiar and exclusively appertaining to the naval code, belong, we concede in the outset, exclusively to the naval courts martial and thu.liannina if ika Cahw p'ease, of a considerable part of tke opinion which 1 read last evening in some of our city papers, and republish*! in others this morning, of the learned and venerable Chan cellor Kent It disposes entirely of tha quotation which that learned jurist has made from Lord Mansfield. The language quoted?which is, I admit, exceedingly strong, and in the case to which it applies, I further admit, is Jus'?is to be found in the case of Sutton against Johnston 1st of 's Reports, 493, and what was that case? Sutton was a commander in the British navy, and in an action in which the squadron to which his vessel was attached, was supposed by Commodore Johnston, (the defendant,) not to nave brought his vessel iuto action as promptly, nor to have borne himself as gal. lantly as the exigency of the particular service and the honor of the flag required; and in the exercise of that prerogative and power which belongs to a naval commander nnd which equally with Lord Mansfield and Chancellor Kent, we regard us in lispensahle to the vigor of that arm of the national defence?Commodore Johnston suspended that officer, and brought him before a Court of Inquiry on the charges which I have described. The officer was tried on these charges, and was acquitted by the Court of Inquiry. Commander Sutton then brings a civil action against Commodore Johnston for the recovery of damages, on the greund that he had acted maliciously in this matter, and with having omitted and delayed to bring the case in due time before the Court of Inquiry, and with having *o conducted himself in relatihn to these charges, as to have exposed unnecessarily the character and fame of the plaintiff to doubt and suspicion, and which although eventually removed by the honorable acquittal of the Court of Inquiry, had yet laid the foundation ol an action for damages against Com. Johnston. The case is somewhat long in its details, but I have presented eoough of it to show that it was one which grew out of that naval code, the peculiar offences belonging to and growing out of which, must necessarily belong to the purvieu, control and decision of the naval courts, and which do not come within the jurisdiction of the civil courts. Another case, i to which some of the} public discussions of this sub- ' i-ct reference has been made, is Houghton against Moore, in ftthof Peters' Rep. p. 1 : this case grew out of a pro cceding under the constitution and laws ol the United States, ny virtue of which the President had called into service a portion of the militia ot the State of Penn. sylvania (luring the last war with Oreat Britain. The party was alleged to be delinquent in not attending and serving as required by the notices which had been duly servod upon him in pursuance of the President's requisition, by his proper commanding officer, and was brought before a Court Martial formed in the State of Pennsylvania, and composed of officers of the militia of that Stale. In the course of that discusssion Judge Washington stated the opinion to which I have already refered, aud with which 1 have agreed, that offences belonging exclusively to the military code, belong to the military tribunals alone, and the language used in that case by the Judge characterises distinctly the nature of this offence as separate from those growing out of the general law of the land. Having stated what we do not claim in this case, I will now proceed to state what we do claim. We only claim that this Court, in com. mon with the Circuit Courts of the United States, has jurisdiction of thosti offences which were known to the common law, at the time of the ad aption of the federal constitution, as capital crimes and felonies, as contradistinguished from misdemeanors ; and also as plainlv, universally, beyond all doubt or cavil, contradistinguished lrom those merelj military offences ol which 1 have s[>o. ken And we claim this jurisdiction, if theCourt please, with these specific and very important qualifications? first, that the offence shall have been committed on the high seas, out ol thejurisdictio.i of nny particular State ami within the admiralty and maritime jurisdiction of the United States; and seceudly, that the offender shall have been brought within the territory of the United States without having been tried for the efl'ence by a naval Court Martial out of the territorial jurisdiction of the United States. And the Court will perceive that consistently with the concession which I have made in regard to offences purely military and naval? consistently with the statements I have made as to what we do not claim?consistently with these qualifications annexed to the propositions which we do maintain, the cases now bolore the Court are within the doctrine for which we contend, because they are, in the lirst place, crime as contradistinguished from misdemeanors, and offences growing out ol the naval c jde. They are crimes known to the common law?to the general law ol the United States, as well as to the particular law of each separate State. They arc crimes known to all nations which have a jurisprudence, whether cultivated or barbarous. They are among the highest crimes know n to the jurisprudence of any nation. They are alleged to have been committed upon the high seas, and within the Admiralty and maritime Jurisdiction of the United States, and out of the jurisdiction of any particular State. The parties against shorn the accusation is made, have been brought w ithin the southern district of the state of New York. They are now w.thin that dis'rict, and 1 shall assuma far the purposes a I this argument, that they have never been tried for these offences by any Uonrt Martial heldoutof the United States, if it shall be shown that they have been so tried,then it will become neceaaary to find whether i there was any competent authority (o hold such a Court, and ii so, then they would not be within the doctrine lor which 1 contend. IheCoi *t The inquiry ol the Orand Jury does not, however, suppose any such fact. You can, therefore, discussi the case as if no such trial had token place. Mr. Dr-rn 1 presume that the Court will not dismiss from the discussion the lact that one of ths persons is at present actually on trial. The Corar-That is not the point. The counsel statee that there is no evidence of a trial out of the territorial jurisdiction of the United States having been held. Mr. Dar.a?Oh ! that is not disputed. But I trust that counsel will not presume to deny that a trial is at prasent in progress. Mr. Bun as?We certainly admit that, although that point it not involved in the questions submitted by the Grand Jury. Mr. Oairrsn?I beg your pardon, I understand that tt I if Mr Ouiissss-I1 i i ninety iniumlei ml Mr. llorrMse Ceitainlv, it is quite uit 1 m)>orInnt. Mr BvTl.ra -1 conciiji-that on - til the persons, Com nander McKenzie, ii at present on trial before a Court Hartial lor one of the olfencea charged in theee complaints. )f this particular offence then, which 1 hare thua carefuly defined, I maintain that thia Coart haa jariadietieu, and if courae of all aimilar case*. Our doctrine goes not a ot or tittle heyoud thia propoaition. It in valves nohing? Mr. Duaa?Pardon me another interruption. I conceive hat it ia very important with respect to Lieut. Oanaevoot t hat the Court ol Enquiry ordered and held, and which mbraced the conduct of all the officers of the >n the result ot whose proceedings being made know n to he Secretury oi the Navy, tha present Court Martial w as jrdrrud to be held, did not result in the ordering of a i'.ourt Martial to try Lieut. Oanaevoort. By thia act the Secretary of the Navy has virtually declared the acquit;al of all the olhcela except the commander Mr. O'Coaaoa?We will admit all that, air. Mr. Bctlkb proceeded?Our doctrine then, as thin letiued and explained by us, a? we humhly conceive, insolves nothing that trenches in the slightest degree on .he rights,privileges or duties oi the officers of the navy ? nothing that is calculated to impair the efficiency of that important arm oi the national defences. But, unless we ?re entirely mistaken in our views, the doctrine we have rdvanced, and shall endeavor to maintain, does involve :onaiderationt intimately connected with some af the most lacred interests of the country?considerations soaring iar above ths particular questions connected with this inquiry, however interesting to individuals and families Lhey may be?considerations which enter into and vitally ?i. ~ J? ??i_ .. .. >ikv> >ui uuc auiiiuiHrnwa 01 justice?consideration* which vitally affect the great principle! of public liberty, interwoven in our constitution?principles juitly regardsd as the birthright of every American citizen. Unless we are entirely mistaken, the discussion dors involve the great question whether law and order?whether the constitution and the laws passed in pursuance of it, are supreme, or whether they are to be trampled under foot at the will of despotic and unregulated power. I lay down, if the Court please, at the outset of the legal discussion, this position?that the Courts of the United States, whether of civil or of military jurisdiction, have no authority to try any officer of any grade whatsoever, except such is has been expressly given by some act el Congress, as under authority conferred on that body by the constitu lion of the United States. Any one of these Courts, wi)ether of civil or military jurisdiction, before it can rightfully try any individual for any offence whatsoever, must be enabled to point distinctly to the act of Congress, which gave it the power which it claims; and must also be enabled to go farther, and point to the provisions ol the constitution in which thatnower is either expressly given or necessarily implied. This results from the limited character of the federal government, and it has come to be an axiom of the jurisprudence of the United States, one which I presume will be admitted by the other side,which lies indeed at the foundation of their part of the argument, as well as of ours. We are, therefore, in order to solve the interesting and important question* presented by the Qrand Jury, carefully to look, in the first place, to the provisions of the Constitution; tor, as that is paramount to the law, it deserves to be first examined in any such discussions, although in the practical administration of justice the Court first looks to the statute and then to the previsions of tha constitution. I call, then, the caretul and dispassionate attention of your Honor to the various provisions of the Constitution of the United States, for the purpose of seeing what power has been given by this instrument to the federal government and courts of the United States, particularly- in relation to otlences committed on the high seas; and, then, after having gone through the provisions of the constitution, which I suppose applicable to that subject, I shall take up the acts of Congress, and examine them as to how tar and in what manner that body has exercised the powers devolved on it by the constitution. The hrst provision is the 9th clause of the 8th section of the 1st article, which is the section definitive of the powors of Congress. This clause provides that Con. gress shall constitute courts inferior to the Supreme Court, and to try and punish piracies, felonies, and offences against the law of nations on the high seas, lit the copy ot the Constitution which 1 had before me when I prepared my notes, these two clauses are printed together, and I therefore refer to them both under this 9th clause, which in the copy now in my hands is not numbered at all. The Constitution then empowers Congress to constitute tribunals interior to the Supreme Court, and to define and punish piracies, &c. Now I remark that although it is not u decisive argument; yet it is a circumstance entitled to consideration, that those two things are mentioned in juxta position, and in some copies of the Constitution are lound numbered in one clause- I infar from this juxta position, that when the framers of the Constitution empowered Congress to define and punish piracies and Monies on the high seas, and offences against the law of nations, in immediate connexion with 'he clause which empowered them to establish courts inferior to the Supreme Court, that they expected and intended that these piracies and felonies, and offences against the law of anions, which Congress were authorized to define and pun1 sh, would be punished by those tribunals interior to the Jupremu Court?that at all events they evidently intend>d that they should be punished bv the civil judicature, ind that thia much may ka interred from the juxta position if these two clauses. "In this annexion, I refer to the 3d irticle of the Constitution, section 1st, which provides that he judicial power of the United States ahall be vested in >ne Supremo Court, and in such interior courts as Con gresa may from time to time ordain and eetahlish. The same irticle sec. -id, clause 1st, provides that the judicial power shall extend to all cases in law and equity arising under the Constitution.and the various other cases which it enumerates. aad which include those within the admirably and maritime jurisdiction ofthe United States. The judicial power, then, of the United States, estends to all cases of admiralty and maritime jurisdiction,'such as piracies and feloaies on the high seas, which were so by the law of England anterior to the Revolution?they were so . j iuc m? ui lucbuiuuifi, ny in? law oi roe state* nelore the formation of the Constitution. I refer for a general h i story of the common law on thia subject, and alto of the act* of Parliament hearing on it to lat of Chitty's Criminal Law Ml -66 The jurisdiction of the admiralty in accordance with the civil law mode of procedure, was at an early day found to be ursafe for the due administration of criminal.justice, and therefore by an English statute to be found la Chitty, and followed by various acts of Parliament, which he also gives, hut to which it is unnecessary more particularly to direct the attention of the Court? these original, and to a certain extent, inherent defects, were removed, and in process of time there came to be a new court instituted,called a Court ol Oyer and Terminer, but which was vet n branch of the admiralty, lor the trial ol olTence* on the high seas. Now in thia court, growing out of and substituted for the original admiralty court, before the American Revolution, and passage ot certain acts of Parliament, all felonies of every description com mitted on board of British ships of war were tr able. And. to confirm t hat proposition, as well as to illustrate it,which will be found very distinctly stated in Chitty, 1 refer to the trial of Samuel Ooodyear, Mathcw Mahoney, and , which is to be found in 17th Howell's State Reports, page 1003. These persons were tried for the murder of Sir John Dangly Ooodyear, committed on board His Majesty's ship " Ruby." Samuel Ooodyear, one of the prisoners, ana horrible to relate, the brother of the murdered party, was the commander of the vessel. These persons were tried under this indictment at the General Sessions oi the Peace, Oyer and Terminer and Oaol Delivery for the City of Bristol, held in the Ouildhsll of said city, and they were all convicted. An act of ? ParliamentJ|passed in the 23d of Oeorge II, gives authority to courts martial to try cases of murder on board any of the ships of war. But that statute contained an express reservation of the power of theconrtof admiralty, with a proviso, charging that no person should be tried or punished twice for the same offence The Court will find a very convenient relerence to that in the 3d vol. of Wheaton's Reps. p. 369. By this statute the British Parliament for the first time authorized the trial of felonies, and amongst them ofttieciime of murder committed in Mm nfwar k? n . Martial, with a provision intended to give concurrent jurisdiction with the admiralty. Now this was the law of England in relation to this subject at the time of our revolution and adoption of the Constitution of the United States. Piracies and felonies on the high seas were, therefore, within the admirality and maritime jurisdiction, as understood at that day. And the judicial power of the United States is to extend to all cases within their admiralty and maritime jurisdiction. That judicial power spoken of is the judicial power exercised by the civil judicatories?by the Supreme Courts and the Courts inferior to it. For in these Courts the whole judicial power ofthc United States is vested by the Constitution, so (ar as it is the subject of express provision in that instrument. In this same article, and section, in the Ud clause of it, we have this provision--"Ol all the other cases before mentioned" [And amongst them are those cases of admiralty and maritime jurisdiction,] "the Supreme Couit shall have jurisdiction, with such exceptions and regulations as Congress shall make." The same section, third clause, provides that the trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall lie held in the State in which she crime was commuted; but when not committed within any State, the trial shall be at snch place as the Congress may by law have directed. Now, this last clause, in which it is provided that if the offence was not comsnitted within any State, the trial should be at such place as Congress by law may have directed, was evidently ^ntended to leach those cases of admiralty and maiitime jurisdiction, in respect to which Congress, under the same section, hnd made provision by giving that jurisdiction to the civil courts of the U. Htates ; and, because they well knew that in those cases of admiralty and maritime jurisdiction, in OOrases out of 100 the offences must, from their very nature, he committed out of the jurisdiction of any particular Stale, they provided that the trial, which is to he by jury-?for there is an addition to the clause which pro rides for trial by jury?shall be at such place as Congress hall by law direct. In other words, I submit as a true and undeniable position, that the trial of all crimes coming within the provisions of this constitution, is to be bv I jury?that that jury i?to hp selected from the State in which the offence hat heen committed, and if committed on the high seas, to make my proposition clearer as to its bearing on the aery point in hand, it ia mill to he a trial hy jury in such place as Congress mav by law direct. And further to secure this right of trial hy Jury in all ca<es, the Mh amendment of the Constitution, adopted immediately after the adoptieaof the Constitution itself, and lor the very purpose of securing hy stronger and more perpetual honds, the provisions oftheoriginal instrument in regard to trial by Jury, declares that no person shall he held to answer for a capital or otherwise infamous crima, unless on presentment or indictment hy a Grand Jury, except in cases arising in the land or naval fotces, or militia in nctual service in timeol war or urgent danger. And it goes on to provide various other safeguards for the purpose ol securing the full and impartial trial of all offenders. Now if the provisions which I have read are not materially affected hy that exception contained in the 6th amendment of the Constitution, then it must he manifest,I first, that Congress cannot devolve the trial of feloniea or other infamous crimes known to the common law as such, contradistinguished from misdemeanors and military offences, on any other Courts than these of civil jurisdiction inferior to the Supreme Court, and .011 which that Court has a finite jurisdiction; and, secondly, that they cannot prescribe any othermode of trial for felony on the high seas than that of a Jury at such place as they, by law may direct. 1 said unless these provision* are nulli fled hy the exceptions in this 6th amendment?I should also have added, or hy certain provisions to which I sh.ill immediately call the attention of the Court, container! in the original instrument itself, in regard to the power o< Congress to maintain an army and a navy. How far these partioulsr provisions are affected by those to which 1 now beg the attention of the Court, is a point to becarelully considered, and one, indeed, on which perhaps this nart ot the argument will turn. The provisions to whicn I allude In the originnl instrument are in article 1st, section htb. In-ginning at cl?u?e loth, acc.irding tothe ennmi-ra j tion ia the copy t>*iore me, when I prepared my notes " To ruise and support ai miea?to provide and maintain a a navy?to make rulaa and regulations for the government a ol the land and naval service"? all in connexion; and the a laatclauaa of that section authoriaea Congress to make all tl lawa necessary for carrying Into execution the foresoing tl powers, or any others vested in it by the constitution, n Now it has bceu supposed, on some opinions in other t opera which have come before the public in n -elation to thU matter, that by these various pro o visions in relation to the ariny and navy, and in partirular by the pouar given to Congress to make i tiles end regulations for the government of the land ana ua\ai service, there has arisen 11 power by which Con gross can devolve upon a military or civil court martial. I: the trial of nnv fpionv committ. d in tliu land or naval T service. And a( there has been ait act of Cougresa passed (i in the year 1BO0 lor the government of the navy, and wbichcontuins a provision authorizing thetrial of a party ti in the sert Ice of the United States for the crime of roar (| has been contended, as it will undoubtedly be on the opposite side, that Congress has become invested with ? the power and has exercised it, of giving to Courts Mar- j tial the right of trying persons in the servica of the U. States for the crime of murder committed out of the territorial jurisdiction of the United States. Now I in- a tend carefully to examine these provisions in order to see whether Congress possess any such power,and if so.whethcr it applies to the present case. And I remark in rels- c tion to these provisions of the original instrument, in the tlrst place, that they do not primarily, nor expressly, nor by any distinct intimation or implication refer to the ad- t ministration of aositivejustice in the army or the navy.? The power vested is to declare war?to raise and support armias?to provide and maintain a navy, and make rules for the government of the land and nayal service. I do 1 not mean in this part of the argument to deny that the t power to punish certain offences is implied there?a power nec ssarily implied in this particular provision. The I point of my remarks is to bring distinctly to tho notice of p the Court,"that this power to punish offences in the land . and naval service?and whicn I have already conceded to 1 a large extent and continue to concede?is a power which p is not given in express words, but remits by impli cstion, necessary implication, it will be said on the other side, and I grant It?from this general power which is given to raise and support aimies, and 1 provide and maintain a navy; or it may be irom . the pewer to make rules and' regulations for the government of the land and naval service, or farther yet, it < may he claimed from the last clause of this section, which ] says that Congress has the power to make all laws neces saryto carry mte execution any of the foregoing powers 8 with which it has been invested. The power then to j provide for the punishment of any offence committed in land or naval service, whether it be a violation of the rules and articles nresrrihed fir their government, or in any other way, ii a power not given in so many words, < hut i* on implied, an Incidental power. Now I will not . enter into any dispute whether these implied powers are to be construed liberally or not. 1 am willing to take the j views of those jurists who contend for the most liberal , construction of such powers. I will take the opinion of Chief Justice Marshall, in the case of M'Culloch against the Bank of Maryland, in relation to the Bank of the United States. It will pe found cited by Judge Story on the ] Constitution, p. 117?94. His views are, in substance, that these implied powers must be appropriate, conve 1 nient, plainly adapted to the end, conducive to the pur pose for which the express power was given, and howfar tiny are so is a point, held by these jurists, to be <ecided by Congress, certainly in the first instance, and in re. lation to which the Courts will rarely overrule Congress ( unless they see plainly a palpable viola'ion of the constitn tional powers of that body. Marshall, Story, and all the distinguished jurists of that school, admit that these im- | plied powers must alwars be subordinate to express and positive powers of the constitution, and be consistent I with the spirit and principles of the constitution. In the pages of Story to which I have referred, your Honor will find this limitation of the doctrine laid down b> him. I submit, then,that this implied power which,I agree, does exist, for without it no army or navy could be maintained i ?is always to be exercised in subordination to all the express provisions of the Constitution -, and that Congress are to exercise it on the sole ground of its being necessary for the maintenance of the navy itself?that they can nenev go one jot or tittle beyond those offences, the punish- 1 ment of which is indispasable to the maintenance of the navy; above all that they can never be permitted to confer upon a naval tribunal jurisdiction over offences carefully guarded by Congress, and in respect to which they have expressly provided, that the offender shall be tried by a jury. I make another general observation, which, unless 1 am mistaken, isone of great force in reference to this part of the discussion, and that is, that the power to | provide a navy, and make rules and regulation for its go- , apoweronly concurrent with theotherpowers given by the Constitution, and that such n construction shall be given to the provisions of this instrument as will, if possible, make them consistent and harmonious with each other, and that the Court is not at liberty to undertake the institution cf a comparison between the relative importance of these two necessary establishments?a national judiciary, and a national navy, but that it will look to what the Constitution has said in relation to both of them, and so far as it can, give effect to those provisions consistently with each other. And if it be found that In the exercise of this implied power, Congress interfere with one or other of these great national eetahlishments, whether it be the judiciary or the navy, the inference is obvious, that Congress has gone to an extent unauthorized and not permitted by the Constitution. In regard also to the exceptions contained in the fifth amendment, I have one or two observations to make. And I say of that whole amendment, as well as of the exceptions contained in it, and of all those amendments which were first adopted immediately after tke adoption of tke federal constitution, that so far from rrantina- anv new or additional power to Congress, they were, on the contrary, designed to restrain and limit the powers originally vested in that body. The Court will recollect the history of these amendments. In several of the states the Constitution encountered great oppositionVirginia, Massachusetts and New York are among the number?and it was only ratified by them in the expect:! tion.and confidence indeed,expressed in an instrument accompanying the ratification,tnat certain amendments proposed by the GOUTS ntion which passed upon the constitution would be adopted. And it was in conse. quence of this rpialified ratification?not qualified in point of legal effect, but in moral effect?that these amendments were proposed to the first Congrees, and adopted by the request of a number of the States that they might be made a part ot the organic law. A11 powers then in reference to this particular subject?the trial of offences committed on the high season board ships of war?must be derived frsm the Constitution itself. The 5th amendment maybe refertcd to for the purpose of interpreting the provisions of the original instrument, but it cannot be appealed to as a source of power; which view is fully sustained by reference to the first volume of the second edition of the Revised Statutes of the State of New York, where it is shown that all of these amendments were introduced as limitations and restrictions of the powers of Congress, which were thought, by some of the legislators, too extensive, and requiring limitation. With these remarks upon the various provisions of the original instrument, and on the fifth amendment, I now proceed to bring these various provisions together, in relation to thejuaiciary establishment and tha land and naval service, more particularly the navy, for the purpose of ascertaining, if 1 can, what ground there is, or what portion of the ocean, is not covered hy the provision, in regard to judicial power, and which may constitutionally be placed under the purvttu of a naval court martial. And this is to be done by virtue of the implied or incidental power of which we have already spoken. I say it is, in the first place, the definition and punishment of such breaches of the rules and regulations for the government of the navy, and all other offences against the naval code, as a separate and district branch of our law. And I admit, in the next place, that under this implied authority Congress may empower the Naval Courts Martial to try murdera and other felonies committed in the naval service, so fRr us such a jurisdiction maybe necessarvto the maintenance ot the navy, and so lar as they may be permitted by other exnress nrovision* of the constitution To iicn-rtnin nrc. cis'ely the extent anil limits of this field of jurisdiction, we must carefully oppose and set against each other the pro visions in relation to the felonies on the high seas, to which I first called the attention of the Court, and those incidental powers, so naturally and apparently grov ing out of the authority to provide and maintain a navy, and make rules and regulations for its government. And when that survey and comparison are made, we apprehend that so much, and only so much as this will he found to be left in the constitutional power of Congress, and that is?that when these felonies are committed out of the territorial jurisdiction of the United States, and when it becomes expedient nnd necessary in the judgment of those to whom Congress commit the discretion to institute courts martial for the trial of those offences, before the vessel to which the accused belongs returns to the United States, it may be done. The opposite counsel have a right to the benefit of this admission, and we freely make it. For as far as we understand these questions, and of course we desire to present them exclusively in their true form, and to discuss them by the application of the severest legal logic, we so regard the nature and extent of this jiower. And if the concession we have new made, will go the length of maintaining the right of Congress to authorise a Naval Court Martial to| sit within the territorial limits of the United States, under the very eye of the judicial power ot the Uniied States, lor the p'urjioseof trying offenders who have been brought within the territorial liniitsof the United Mates?who tread their soil? for offences alleged to have been committed on the high seas, why then let the jurisdiction claimed by the other side be estahlishrd. But before your Honor establishes that as an implied power, and only as such can it ha es tablishod?it must be shown, I think. that it is appropriate and convenient, and useful? conducive to the purposes for which the implied power was granted. It must be shown under all these circumstances that there is a neces slty and propriety in depriving a person of his right to trial by jury. The argument must come to that, for nlthougk in the extraordinary position of this case, the objection te trial before the civil tribunals by a juryaright esteemed so sacred, ami which the people of the United States thought not sufficiently secured in the constitution as originally ratified?and the demand that all these safeguards should he disregarded, comes from the counsel of the party entitled vo all the benefit of these safeguards, yet I shall not make a single remark on the conclusions which might not unreasonably but DBturally tie drawn from ?nrh a remarkable circumstance. At another time I may advert to this point. But now 1 have a right to maintain that the jurisdiction for which we contend ii one which Commander McKeaxie haa no right to et aside. We make the claim for him?I hope not to oppress him. We do it in the discharge of onr professional duty, to thoae for whom we act. I truat I do not need nay, that we ar<4far from desiring to go a single hairt' breadth beyond the line of our duty?there are no considerations, which would tempt us willingly to go beyond that line; and 1 am equally confident that I can say for my associate, aa I do for myself, that there are no considerations which could ever Induce us to stop one hairs'breadth short of the line of our duty. This part of the discussion presrnts a question of the deepest gravity and importance. I say Commander has no right to waive hi* claim on the protection of the civil tribunals lie has no right to give the jurisdiction of his case into the hands of a navel court martial, if the law do not invest that Court with it. If in point of fact that Court Martini hns no jurisdiction on hi* cn*e. then wo who maintain that lie should be tried by a|nryofhlspcor?, are defending the rights nnd interests? thu *ab*tantial and permnnent interest, not only of tbi civil community , but oftbe navy it?e|f. for 1 nut itto'h Court whether it is possible that the peoolc of the United States will maintain a nnvy, if they find that to the main tenanoe of that arm of defence, they are obliged to sacri fioethe essential principles nt their constitution Ton know, your Honor, they would not. It was only by it* light I n q itself Into popularity, that the navy of the U State* succeeded In reaching its present lorce, and titers re do means by which it can ho toon lone the coulldeuce I ud favor of the Aaerioan people, aa by a course which rould goto shew that m oraer to ensure its maintenance, : hose great prineiplosof constitntional law, so essential to he due administration of justice, and especially of orinsi- B al justice, are to be broken down ! a [The remainder of this elaborate and important argu ( lent will be given in to-moriow's paper, as we are now , bilged to break oit, the paper being about to go to prosa. -Ksr. llKKALD.J * The Hon. Levi Woodbury's Lecture last Even. xo at the Tabernacle, upon Free Tkaije.?The ? "abernacle was filled last evening, notwithstanding r *e greut inclemency of the weather, with a highly f espectable audience of gentlemen to hear the diet. . nguished Senator, Ex-Secretary of the Treasury, nd great champion of Free Trade, the Joseph lume of America, upon the general principles of j 'ree Trade. The lecture was exceedingly able, S nd every way worthy of the most thoughtful atten- J ion. In consequence of the very crowded state of , mr columns this morning, we are obliged to defer s he publication of ths very ample report of it, until c o-morrow. Life of Calhoun.?Harper and Brothers pub- ( ish this day, in a pamphlet, "got up" in their I isual neat style, with large type, and al beantiful lortrait on steel, the " Life of John C. Calhoun : i resenting a Condensed History of Political Events, rom 1811 to 1843." It may be had at this office ! rice one shilling. ] French Language.?Manesca'ssystem for teach- t ng the living languages is one of a most philoso- ^ thical and practical character ; it has stood the test ] >flong experience, and ranks deservedly high.? Persons wishing to study the French can join clasies now forming by an experienced teacher, whose J idvertisement will be found in another column. Grand Concert.?A Concert will take place this ' ivening at the Apollo Rooms. The solo performers lonsist of Madame Otto, Mr. L. Weigers, Mr. A. Appellis, and Mr Lehman. We anticipate a nume -ous attendance. The Miller Examination has been concluded at ast, and Justice Stevens will give his decision this morning in the Grand Jury Room. Lqcal Elections ? Rochester has gone for the democrats, and Utica lor the whigs. The demo crats are carrying most of the other towns. r KOM A1.BANY* WC 1II1U IlUUllUg lllipuildlll III the Argus of yesterday. A batch of ap|>ointmenta has finally been made for Albany county. Chatham Theatre.?Stage Manager's Benefit. ?Attractions of an extraordinary charactei are presented this evening, for the benefit of Mr. Stevens, the popular and efficient stage manager of the Chatham. Shakspeare's tragedy of Richard TIL will be performed with a very powerful cast?Mr. Charles Eaton sustaining his favorite part of Richard, and Thome, Thayer, Lennox, Fisher, Miss Mary Duff, fee. Arc. filling the other principal characters. An unusually great variety of other novelties are announced, which in connection with the high and [xipular standing of the worthy beneficiary, cannot fail of securing an overflowing house. American Institute.?Lait or the Planetarium in run city.?This evening at Niblo's, at half past seven >'clock, the exhibition of the Planetarium will open to :he public for the last time. 'Short lectures, addresses, Icc. will accompany. The exercises will be of a deeply interesting character. The planets and their moons will be seen constantly revolving around the sun, their groat centre, in harmonious order. Subjects?Magnitude of Jupiter, meteoric stones, opinions of philosophers on the inhabitants ot other planets, lie. Those who attend will be gratified with a high order of eloquenee. Tickets 39 cents. Postvonement.?All (he splendicT performances advertised for yesterday, the Anniversary of the American Museum, will be given this afternoon?postponed on account of the weather?with the addition of the third appearance of the Belle of New York, whose extraordinary beauty lias been the admiration of thousands. There is a great excitement among both ladies and gentlemen to know who she can be. The performances will be at two o'clock and half past 7. {PJ- ST. tiEOKUK HO ILL, fit UKOAUWAY? Perceiving that at Rome ef the tint Hotela (like Howard's) they are reducing the price of Board, the proprietor of the St. George, desiring to be conaidered not lew liberal than others, and wishing to aflord to his patrons equal advantages, offers forthe future full board, including tires, from $9 to $10, and by the day at from $1 25 to $1 50. Although there is not set at this establishment a table d'hote at ditterent hours, it ir the custom to serve those whom business may have detained until after the dinner, hour without extra charge. As for breakfasts and teas, the rule of the house is, to serve tham separately, at any time boarders may choose, from 7 in the morning until 11 in the evening. There are at present a few rooms vacant, which the proprietor will be happy to let at the above prices The hour of the table d'hote is at quarter past three. P. 8.?The country having become a convert to temperance, (economy) it is hardly worth the while to say much about wines and liquors, although it may not be amiss to remark that the hotel affords the very best imported, nt reduced prices. (K7- IF BRISTOL'S 8ARSAPARILLA HAD BEEN invented in the day's of Job, it would have speedily removed the ulcers with which Satan took such a malignant pleasurein afflicting him This valuable vegetable compound defies analysis; the secret of its components rests with the proprietors alone, and consequently the miserable nostrums for which all the properties of Bristol's Sarsaparilla are unblushingly claimed, are mere blind, guess work preparations. Beware of them! Donottbrow away your money and tamper with your constitution. If you desire a radical cure, resort to a medicine of established reputation, whose virtues have been proved by long experience, and vouched for by crowds of grateful witnesses. There is no preparation before the public, as efli cacious In cases of diseased liver, cancer, abscess, scrofu la, imperfect action ot the digestive organs, Hypochon (iritis, and complaints arising from over stimulus, and a two liberal use of powerful mineral medicines,t as Brit* tol's Sarsapsrilla. Its renovating) properties are unequalled. For sale wholesale and retail, by Wm. Burger, druggist, 50 and 53 Courtlandt st. and 138 Greenwich st. fitj- DR. TAYLOR'S BALSAM LIVERWORT, 375 Bowery, has the names of many of our respectable physicians attached to the certificates recommending it, and we advise all afflicted with coughs, colds, consumption, asthma and liver complaint, to apply to it immediately.? This is the month to be on your guard; if you have, or are any way predisposed to consumption, resort at once to this medicine, as it has been well tested, and you can depend upon It. I can refer you to the numerous certificates given me by those who have been so happily relieved by it, which I constantly publish for the information of those who might be induced to try these new things got up for similar complaints upon the reputation of this meJicine, which only wastes your time and money The Balsam of Liverwort isataluahle preparation in every respect.? The large quantity in a bottle also makes it the cheapest medicine known, so that all can use it. The poor and charitable institutions shall in every way possible for me, be taken cars ol. Be careful to see that the splendid new wrapper, in banknote style, isonthe bottle, to prevent counterfeits,aa well as imitations. Be persuaded to try only one bottle. Dr. Leeds, druggist, 137 Maiden lane, sole wholesale agent; C. P. Jacobs and U. & J. G. Hill, agents, Detroit, COMMUNICATION. [From the Baltimore Patriot.] To shave, or not to shave, is not the question, Whether 'tis better for a man to suffer The pulls and scratches of a raw tooth razor, Or buy a Tablet and a Strop of Saunders, And thus to end them'. That is the question. To shave is thus to wipe?no more?the beard off. And to put an end to chin itch, and the Thousand writhes and groans wemen are heir to? 'Tis a consummation devoutly to be w ished. fit?- We have tried the Metallic Tablet and Razor Strop adveitised in the Tatriot by Mr Saunders, and can bear taitimony to it* excellence. It put* a dull razor in order quicker and with better edge than anything weaver saw. We decidedly prefer it to a hone, and we never yet had a razor put in as good order (a* the tablet put* our* into) by a professional razor setter With pro; er rare, the Tablet mint last a long time without replenishing. Those who ?have themselves may anticipate a rich laxury in the use af Saunders'Tablet and Strop. Manufactory, IBS Broadway. QtJ- BEAUTY.?The hair is the surviving memorial of our physical existence, and among all people, in all ages, baa been an object of peculiar care. A luxuriant suit of hair has been universally prized as an invaluable ornament. Preserve it then by the use of Olhridg^'s Balm of Columbia, or restore it i( it has fallen out. No person need be bald if they will use that article. It keeps the head entirely free from dandrnfl and scurl; the rootsol the hair sound and healthy, imparting life and vigor to the circu lation. Its efficacy ha* been fully tested, and proof* lully substantiated by our most respec.tsble citizens. The same may be had of Comstock It Co. 71 Maiden lane. OT-'imWAS THE YEAR THE HUNTERIAN DISPENSARY. No. S Division street, was established by the present proprietor, and during the time since, he ha* m < > some of the most astonishing cures on record; be . bis own gratification and that of others pr^v-d paint ings of the most complicated cases he ha* the nubile are respectful IV Invited ?" call and oxatnine, ..Mb .... .1 . i ?i i* -1' <1 to the Dispensary. Hunt.u'.itel |? ,.!. s.aiu I. with Hie monster Disease, and . luiil 'il ,t. s it ' This medicine run lieobtained only at No. a Division street. Price fit per bettle. Call and see. 3Y-THE" SOUTHElta MAIL. The Sesretar^of the Navy intends sending a vesel to Chagres with despatches for the"U. S. squadon in the Pacific ocean. Any communications for hat quarter, sent to the Navy Department on or benre thi 2t)lh instant, will be forwarded.?Muditoitun, March 10. {ji> A letter from a physician in Yucatan, dated it Carmen Laguna de Terminos, on the 9th ultimo, innounces the death of Charles It unwell, the Ameican Consul at that port, who died on the preeding day Mr. Russell was a native of Philulelpliia, and had resided m Mexico about twelve 'ears. Lath from Yicatan.?By the brig Forest, Capain Olmstead, which arrived at this jiort last evenng at about half past 7 o'clock, in three days from Visal, we learn that on the 13th instant, eleven of he traitors in the Yucatanese camp, had been aken out of their prison by the citizens, numbering mme two thousand, and put to death in the most hocking manner. The authorities used every exirtionto prevent the execution of the sanguinary in enttona of the multitude, but without success. The tames of the persons executed, as far us could be as:ertained, are Valay, Dominguer, Cetina, and the 3uret of China. The Mexican steamer Montezuma, ias been badly shattered by the gun boats of the ^ucatanese, and it was reported thattwu of her cffi:ers had been killed.?New Orleans Republican. F<6. 28. lalea of Stocks at Philadelphia Yesterday. $1000 Tenneaiee Bonds, 67; $2720Camden and Amboy Jonds, 75, 10 sharps Mechanics' Bank, 16} ; lb dodo, 10; 10000 Mate 6's. 1865, 39$; 11 shares Schuylkill Navigaion. 291,3000 State 6's, 1863, 39$. d After Beard? $1000 Cincinnati 6 percent Bonds, 70$; 13 shares Camden & Ainboy R R 02; $1000 Kentucky Bonds, 84$. LATEST SOUTHERN SHIP NEWS. Bai.timork, March 9?Arr Hoacoke. Smith. Rio d? Janeiro; Klirabeth Hall, Cobb, do, Fahius, White, do; Orb. Watts, Kingston, Ja; Massachusetts, BrowneH.NOrlrana; Chickasaw, Keudrick, Bostou; Mary Stan'ou, Beanie, do; Nile. C??h, do; Try all, Gibbs, Providence; Reaper, Growell, do; E W Bradley, Junes, New York Below, Argyle, from the Pacific. Cld France! Jane, ThompsoD. 8t Johna, PR; Direct, Brigga, New York. Sid Token, Lovelaud, Kingston, Ja. Richmond, March 7?Arr Wm Morrow. NYork. Chiulkiton, Much6?Arr Je>aie. [Br] Hons, Liverpool. Jasou, [Frl Jamonlier, Point Petre, Quad. Cld Utile, [Sw] Hamson, Bremen: T'hee, Oyd-.i. NYork; Harraaeeket, Hopkiur, NOrleans. Sid Hump, [ Br] Sibbiaon,Liverpool; Thetis, r Br] Vaughan, do; Brothers, [Br] Daniel do; Olympe. [Fr] Bnitard, Havre; Kortuna, [DauJ Neil sou, Copenhagen; Skpild. [Dan] Peterson, do; Mary Hammond, St Marks. Below, Par New Orleans. Feb 27?Arr 'timothy Pickering, Tildeu, Boston; Forest, Olmsted, Sisal. Old Klle'i Brooki, Howes, Hav ejjohn Miuturu, Staik, NYork; England, Johnstone, Liverpool; Bashaw, llowes, do; Hersilia.Crowell, Boston; Niger, Fit*, do; Ohio, Davis, NYork; Caroline, Gilkey. Philadelphia; Ad a, Sherman,do; Robt & Kowlaud, Gilchrist, do; Two Sons, BoyUn, Belize, Hon. General Kecord. Smr Jessie,(Br) Horn,at Charleston from Liverpoo1, reSarta? liih Jan. lat 46 II, Ion 4 20, fell ill with the wreck of the r. brig Ocean Child, Claik, from Alicant for Falmouth, Eng. and took Irom her the captaiu aud crew, t ine in number. She bad lost her mainmast, and was in a sinking eonditiou. lllh init. lat 31 20, Ion 43 30, spoke Br. bunne Aun. Smith, from St. Jago for Swansea, anil put on board Capt Clark, Mr Stoll, chief mate, aud 3 boys; the balance of the crew remained on board the Jessie, Spoken, Washington, from New Orleans for Marseilles, Feb ttlh, lat 32 20, Ion 72. , , Stephens, from St Andrews for Charleston, Feb 27th, lat 32 2, loa 68 4. OQhONLY THREE CENTS!?THE METROPOLIS, anew Weekly Purlor Gazette, edited hy Kpea Sargent, is thi* day published, aud for sala at No. 1 Ann street, where carriers and news boys can be supplied. J. A. TUTTLE, ) C.B. TUTTLE J Agents. {ft?- TWENTY-ONE ENGRAVINGS WERE MADE expressly to illustrate the article in the New World of to day, on Fashionable Life in New York. Ladies, buy it before you give, or go to another party. It is rich Single copies only sixpence. Office SO Ana street, near Nassau. Sold also at 459 Broadway, to accommodate uptown purchasers. {&- KKOM AN EXTENSIVE BUlLUER.?Head his testimony?Wistar's Balsam of Wild Cherry, cures coughs, Astha, itc. after physicians can do no more. If any one doubts its virtues let them ask tho?e who have used it. Mr. Brown, 61 Ann street; A. Williams, 08 William St., aad a host of others. New York, March 10,1843. I was last fall attacked with a pain and severe soreness ofthe chest,which continued for a number of weeks. I had previously for several years been subject to a permanent weakness of the chest,caused by a strain. Tbis last attack gave me much apprehension, as 1 found it was the commencement of a fatal disease. About the middle of December 1 began to take Dr. Wistar's Balsam of Wild Cherry, a single bottle of which soon removed all soreness from the chest,.added strength and vigor to the lungs ?and I new regard myself as perfectly sound and wellJOHN BROWN, 61 Ann st. Sold only at 126 Fulton st. 0&- THE CLAP TRAP RESORTED TO BY CF.Rtain Pill and Lozenge venders, who are comparatively " new hands at the bellows," is exceedingly amusing.? Some of these parvenues, who started their nostrums long after the feme of Dr. Peters was Srmly established hi Wth hemispheres, make a most farcical parade of their mushrosm pretensions. In speaking of their sales and the assumed popularity of their preparations, they commit piracy at once upon metaphor and mathematics, and demon In speaking of the enlargement of their manufactories, they evidently expect that public credulity should be enlarged in the same proportion, ond that the individuals who have been weak enough to swallow their " trash," must be capable of swallowing anything?a corollary we snail not attempt to deny. We do not call these nostrum venders imitators of Dr. Peters, for the stuff they sell is so interior in efficacy to his preparations, as to be unworthy even of the name of an imitation. For impurities of the blood, and all diseases arising therefrom, there is no remedy like Peters' Pills?for pulmonary complaints, like his cough lozenges?for worms, like his worm lozenges?for prostration o! the system, like his cordial lozenges : in short, hit specifics embrace nearly every disease incident to the human system. Principal office, 12? Fulton, corner of Nassaustreet. QQ- PRIVATE MEDICAL CAUTION.?Since the introduction of Professor Velpeau's celebrated Pills into this country by the College ot Medicine and Tharmacyof the city of New York, between four and five hundred cases ot Gonnrrhaa and Gleet have been effectually cured by them without a single failure. Ho powerful has been their effect in England and France that they are now considered tkeonly specific known forthose diseases; anil so grout has the demand been for them in this country that some of the sell-styled Doctors of the city of New York are at present vending Pill* of their own compositon, under the name of the justly celebrated Professor Velpeau. The public are therefore respectfully informed that the genuine Velpeau's Pills arc to he bad only at the principal otticeof the College of Medicine and Pharmacy,07 Nassau st. New York? Price $1 per box. N. B. To patient* placing themselves under the treatment of the College, a sate and permanent cure will bt guaranteed without the use of mercury or any medicine injurious to the constitution. Patients living at a distance by addressing a letter to the agent of the College, with a full description of their disease, can obtain from him s chest containing Medicines prepared under the superintendence of the Medical Faculty of the College, guaran teed to cure. By order of the College of Medicine and Pharmacy, Principal Office 97 Nassau st. WM. S. KICHARDSON. Agent. A liberal discount will be allowed to country Practition ers and Druggists on all the preparations of the College or cash. (&- CONSULTATION FOR ALL DISEASES OI the hair by Grandjean. He has, moreover, the purifyi:i| water, a recent discovery?which imparts a fine glots am will keep in curl the most perverae locks. Ereiy lad; who would preserve the elegant arrangements of the mos exquisite coiffurt, should possess herself of this trul; named LuMral Water. OUANDJEAN'S JUSTLY CELEBRATED MEDICI NAL COMPOSITION, For preventing the hair from turning gray, curing ball ness, ilai drilT, etr etc. etc. Eau Orandjt an. Curling Flui for wmhing the hair. A large, heautilul, and unique a' iortmcnt ol ?uperior Hair Brushes, manufactured exolt sively for M Grandjaan's establishmentind with theei press view ol being u?ed with bis celelirated compositioi Aroma*ic Cologne Water of the lire* quality .manufacture bv M. Orandjean, and to ha obtained genuine, No. 1 Ba Clay ?treet. ((Qf- Thin is an entirely new article ; and tieing the n plui ultra of anything heretofore offered under the nam of Cologne Water, the inventor hna designated it grjtifrxrrafrs cologne water. A superior assortment of French, English, and Oerma perfumery and fancy articles, useful for thetoilet. No. I Barclay street 0XJ- TO THF. READERS?From the first introdn tion of Orandjean's Remedy lor the Hair, it has been r ceived with that approbation which can only hoaccor ed to an article that has been well tried and not fout wanting. The confidence reposed in this remedy, aflet laxpo of time sufficient to try its merits, is a concltisi evidence of its high appreciation, and of the great not risty it has obtained- _ This composition has been of great service to those wl have used it, according to the instructions, with care ai perseverance, and all may experience tha benefit of ill si prising nHects. A. Orandjean may be consulted every day, during da light only, at No. 1 Barclay street All apothecaries, druggists and country merchant*, a respectfully requested to give their orders immediately I Oraodjean's Hair Composition, if they wish to preve delay. Each box contains two liottles?oneol paste, to lie us In tha evening, and one of liquid to ha used in the mc ning. <fc7- MR. JOHNSON, POSTMASTER,|COHOCTO Ohio, says two clergymen and one physician sent foi milesto him for Sherman's Cough Lozenges. Honor knew any medicine so highly efficacious. All who i Sherman's Lozenges, find thorn all they nrerecommei ml. He has known several cases of fits cured by sli man's Worm Lozenges, the most celebrated worm me cine in the world. All Sherman's medicines are not or good hut excellent. Every body savs so, and what eve laidy says mint be true. Be particular and get the gei me, na there are many worthless imitations in market Warehouse !()? Nn'sau street tgents, Sfl William ft, I '73 and 4AN Broadway , 10 Aator House; <J}7 Hudson strr 188 Bowary: 77 East Broadway, and 180 Fulton strs Brooklyn Of?- BOOT CRIMPERS WILL FIND THE OIL r.irinln, limn 71 Maiden lane, the most extrnordini article eret discovered to soltan Isather and make it cN asily.

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