Newspaper of The New York Herald, March 17, 1843, Page 1

Newspaper of The New York Herald dated March 17, 1843 Page 1
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TH Vol. IX.?-No. 7 0.? Wfoole No. 34 SD. To tlie I'll folic. THE NEW YORK HERALD?daily newspaper?published every day of ths year exeep'. New Year's day and Fourth of July. Price 3 cents per copy?or $7 28 per annum? postages paid?cash in advance. THE WEEKLY HERALD?publishedevery Saturday morniag?price 6J cents per copy, or $3 12 per annum? pestii;r* paid?rash in advance. ADVERTISERS are informed that the circulation o( the Herald >a over THIRTY THOUMAND, and increasing ast. It has the large it circulation of any paper ?'n tkil city, or the world, and is therefore, the best channel for business men in the city or country. Price* moderate?cash in advance. PRINTING orsll Rinrti, uxecutedat ine mow moderate prices, end in tha most elegant style. JAMES GORDON BENNETT, PnorRiFToR ?r thr Herald Establishhs-nt, Northwest corner of Fulton ?t?l Nnusaii street*. aT" Lb'T?The store No. 97M Nnssiu a rret, in the Herald Building. Apply at the Her lM office,cor Nassau and Fulton strew., ml'r HOUSrS Til LET AT VORKVILLE.-2 large f '5f house* on lhe comer of 8llh street and 3d avenue; either '"fiB them is calculated for .1 public house, grocery or private residence. Ou the premises is a tine stable, < owliug nl'ey, and a tine garden c a h! is tine of 8 ota, with grape vines and fiuit trees thereon. For terms, impure of JttHN A. MOHKILL, Esq., mR2wr No. 11 Charrbtrs st. Jgfjk TO LET?'The upper part ol the store No. 7 New street, ? (Vw doors from Wall street; the second story .'.'jflLlias two offices, and it is adapted for a merchant or lawyer. Also, the three story house 34 Walker st, between Broadway and Ch,inch eiceMcnt situation for a genteel family, occui'ied by Mr. Verplsnck The brick slot* cornet of Pilte and Cherry (treets, occupied by Messrs. Valentine St Co., as a Iced store, a desirable situation. 1* e c -nvetii'-nt two story house with attic rooms _ basement and ' ouuter Cellar No. 229 Nineteenth street, occupied by Mr. We. Its The two story brck house, No 73 Gold street, one tloorfrom Spruce st , formerly owueu by Mr. Miles Hitchcock. The rents will be moderate. Appty to AIR. DELAFLA1NE, 68 Wall street, mr, lm*r in. ffiee No. 9, cor. ?f Water st. l'() LET.?Ill Dean street, near Smith stree ,|yn, the splendid three story house, finished in the best XjJI, manner, with two lots ol ground attached. Also, coach house, stables. Ac. A variety oft lie most choice irrare vines. Also, several truit treria, with a welt and pump of esceltent spring water ou the premises. Th's proircrtv is well calculated f or tlic accommodation of a resnectabl. family, to whom it will he let for one year or more on accommodating tcim*, by applylnBt? JOSEPH McMURRAV, mfi r 100 Pitie street. Jfli TO LET?From 1st May Pew, twomtderu two story (T.'fy Honaea in Grand street, near VVooster. A-lso, the Store No. R9 Canal St., now occupied aa a chair store, t could he made into two very convenient stives Apply to JOHN THOMPSON fin-'lmrc 60 Grand or 27 Wposter sts. TO LET?I' rotn 1st of Slay aest, the modern built two story bries house, No. II Third st, with attic, baseincut and cellar, and marble mantles throughout. For i particular* inquire at 479W> Pearl ?t liif 1m* ik^I OKKlCfcIS TO U?T? lu store No. 63 South street. fr!ft Arply to JOStrH McMUKRAY, |"lft MO I'ine street. f lice >?1 lO IjKT OR LKASfc?The 3 story brick dwrllmg, ' m withs'oru artailred, corner ol Broome and Wnoste' !?.; .j',yjiLthr above is n good situation or a grocer, and would be lw.~. r a lew rent. Inquire of J. J. AUB1 IN. 18 tti'ii'li at , uo rtairi, r iril'6t#r J SHKADT. 1S7 fcldr'dge at. lO MAflUFAGTURBHS AND OTHERS?To lease or for sale oa favorable terms, or for exchauge for 4 Innil near this eity, the twa fire atorv buildings, 381 ami ill) Cherry street, near Pilta. The bui'doms are very irony, and hare deep dry cellars. Apply a> 110 Nassau, 2d St.-ry. 111 '5 61*r fMfc UNUtRSIONKd -gam offer for sale a large vf.jf iiortn n of their Real Estate in the cily of Brooklyn. l"IfL('ircnmstuners oxer which they could eiercise no control, preTcnted the sale advertised to nc had on the I5lh Decernber tastThe Eatate ha* heen finally dirided acd each'party in interest will sell separately. The undersiguerl intend to build a number of buildings on thr remaining part of iheir property owing the eusning summer slid will engage wi h putc liners lor uniformity, against nuisaur* a, kc. .... , ... All ih - Cots m the vicinity nf in East river, and on the Heights. of great value. Tl.r ' Hdi. esiead' comprises o-w.irds of 80# lets in the Seventh Ward, in the centre of and now bcCuuiiug uic most import iu' in the city. This sale will if ponitiTc, on ihe days to be advertised shortly-, a d w ll ou or about the 2.tli day oi April usit, . Villi ?rt. in tr.e i uirs, imiii ?rrt-j iuhiu'iih -n-tiii i, Will l>c luruitneit to c..rh i nrchner fo: a * wall mm >uqi Mj|'< sir now exhibited in il>? Merchant*! Exchange and at ti e nrtire >4't ie auctioneers, Willtni! U Kolhna, sum Wiilism Diimeul. i rtirt wishing to pnrrhase, are invited to vi'it the rremiset; ami lor fnther lufoiiotiiuii are refe.re4 to the atibrcriberi at their ret ii'-uee. I?? Columbia it, Broak yu, ir to Maxwell & v. .eli r, * fa,. No. U Naet.n Char.ei A. Griffin. Uq , M Men Inn in" Eichaxgr, or to Clarence D. d.ickett, Ct<j., Mo. It Pine ftn Bam hi tm, March lilli, ISI:t. M Mil A JACKSON, CORNELIA A JACKSON; HAMILTON H. JACKsON, WILLIAM PETERS, m 16 3leml?ec CHHISTIANA A PETERS. -e-i- FOR SAI.K?A desirable country reaiilence nt rr!j? Hemp, tend Village. Long Island; a large well built Mouse, iuc tlaee style, with darn., Sheila, ltd.,and ten jereanl dr?l rate land, in hiding a Garden well atocUed with ilitulili rv, frmr tree., Ike . in a high atafe of cultivation; it ta local < de' Fulton ?tieet, lean ilian a half a mile of ihe New Vork md Leu/ 'aland Railroad, which haa a commuuie lion with thf eitv aevrral timea a day, and at a rate of (are t ry mnrli icdiic- d troni former pricet, making it a moat deairaMe rem. etic? for a i eraon retiring fiom the city, or one who may a ieh to do bnsineaa in tliii eiiv. A portf n of the ni uey can rrin.un n moittaite, ?ud the balance ein kr paid 111 dry gooi'a it K'occrics at market i>ricea. Kor further ta'tirulari, apply to JOHN 8. VOOHHIES. B ok Store, No 24 Na >an at. N. Y , or JOHN J . MARSHALL. Poataiaa'er, tut 2\v*r Matiiaroijeck, Woat. heater o , N.Y. kwl FOR BALE OR KXCHANOR TOU CITY PRO| PERTY?A Farm of one huudred acre*, aiinated ia tjl Rockland County, ten railea by the New York and K.i ie Rail road, or ait mile. If m Nya- k Landing. Handaomeiy etnaird. nhnty of fruit, well watered lud woourd, and eaay of icresa a. any day in the week, by the above road,in three houra For further uarticutara enquire at 27 Gouveutur arrert, where a indacatM vo w eta he in n. 171 lm*r ,,Jtw FOHSALF. OH EXCHANGE FOR PROPERTY ^flSilN THE CITY OK NEw YOKK-A va nahlc Farm M r ,i j? tt.arsdale, Weat Cheater County, wo .mien below White Plaint and twenty-five rora New York in the main road leading io aud from aaul placet. On the >reiivae? i. a apactoaa doiibla two atarv dwehing hotiao, witli .kitchen attached; ? Oeiw, carnage and ont hornet, all in fine ndtr; 'i baartug apulo orchards, moetly gr fted fruit, peaah, harry anil neai treca. a g.Knl well of water and cittern holding 0 hoy-neact of water; aln.ut rwelee actea nf wood land. The vhoh farm well fenced and inoatly with atoue wall and in ood repair. The Broix River croaaei the rear, along which he railroad rnr.a, now nearly completed, to White riaiua. Peisoi? desir.nii of teeing the pre . iaet >rill find it one of he m tt dea.rable placet in Weal Cu-tler County. Enquire if J. I. TRAVIS, on the premiaea, or D. BRUSH, ESQ. m:lr No 92Fnllnust. BHTtn E oil yv/'u a I0T7T9 r__ UTi petty in New Yoifc or Uro"klvn, a valuable farm of ,itm_ (ft acres, "ii ill- he id of Little Netk H?? Town of 'la : "i_, L lit M*pd, 12 utiles If in New York. On said mi i ucal i?" stniy house with folding (Lorm, kicheti, and veil room ,p rache.., coa. h, milk. stn keliouse, (be.; alio, a arge d-oililr f rinhouse, barn, sheds. cribi, &c., in good order, butnlaur.- of ft n, wild fowl, and other mime; said firm is in ood heart, well fenced, ?a?> to work, and near a hitting: sta'* pan daily to and from New York; few far mi offer so many idiiej ments to?e|oleinen of leisure. A; ply to James T. Van Zsudt, tomarof Myrtle avenue and Joid suiel, Brooklyn, or to K. i\. Van Beuren, on the premt, mlli lw?re KAH.M AT auction?Wilt oe olleied at |iut>iic vendue, ilm farm late of William Cook, deceased, in Jta- Hanover. Moiria County, N. J. coulnntug 129 acres imaitly divided in o.eadow, pasture and plnugu land, wiili a tree supply ol wood and timbar, a e nveuieht dwelling house, j wo nan s, and otlmr out houses. Will be offeren together or * i parti, < the house of V* m. MeFailan ia Whi pany, ou Fit iy, toe 2l h of March, tnst-iut, at 2 o cloi It P. M. I onditious iill ue liberal, and alt. udauce at the turn of sale by lite sub- ! rrtbers. 8ILAA TIJTTLK, CALVIN HOWELL, nilfttN *r Ese. utoivot saiil Deceased. "s'FAt EN lb L AND~r AH MS ?OK SALE.?Two JyHralitahle I inns, handsomely situ led, and in i lugli si ite , f cultivation. Kot |Msiiicula:s. i'ii.|iiire of K H. I,UU,l>w fit i O. II Bio?d street, or Da V ID JAQIIKS, 230 ' uul in 12 6t*r UNiTLD STATES HOTEL OF PHlLADElT" Pill A. \ l,L travelIr t * n !io have pn?"ed the days and nights of their A ...]imsr: in I'liiladelpbia at this fine establishment, speak tti h i of mi justified ptaise ol its accommodal'ous, its table in, ins ' : "taent. 'I hp arrangements of the bouse ate admtrely ' ,-Mi . -I.e. ami there are substantial cmlorts to be I und Obis Ho'rl wilt be appreciated by inast personty, such as clean,qutst.and Well-lnrulshed house, a well-supplied read is riioiii. .mil a hiisl whose constant efforts are di-ecteu to renrr tins is mn i II i biulily ag'eeable resort lor respectable traoiler*. Mr l>Vi, by Ins polite slid affable deportment, and bis ininiit'd pets attention to the fables, i>nd the general mloit ol lus guests, wins fsvor Irom ull who freijnent Ins imsa, . . 1 who in the morning prefer to indulge in the "sweet iinier balmy sleep," iustriitf ol attending lo ibe bieskfast iminons, find at me hour which suns their own convenience, table set lor their r -pecnl use, with sevetal servants in a:i,i 1 nice to cmisult t1r wishes, and have any deltcscv which ,1 house affords, pre|*>ed w tbceleiity for their gratification, he diuin r is serve i, i u a light, any, and spacious diiniig room, rer'nukiug a garden, and is a tepssl that would do credit to IV lintel in lb? i omi'ry. The situation ol this bouse ia di aidailly the best in I h.ladeliia, b< lag Oil ( gen,lit St, opposite the of United t ti Irs? I very centre af fashion and business ol the city. mil lm*r I OTIC K I'O ' l)KALM<8~ AM) ToNNtUHSEUlitS I I s MADKIItA WIM3-WKtXINOTON A. CAHEIt, (.omuussion and Wine Merchant, No. 5 New attest. ? York, Woli- A icnt in ih< United Stats lor the. celehiateu luieliiin -. sslsmi a W lues, offers for sale, nt mudrra'e |,ri e? I in .jo unit es to please buyers,bis entire stock "t that bland, a bail ru es ami au.a'.lei casks, (under Cti.t.on Home link ) lie Hopielilin wutes ate fiotn the Houlli Hide; tiiey have a ih i ml Daily rich fla-i t, the vrntsgi t a'e from lflL m d In- tie. justly ce.fmtrd in Karma,, the Km ludicr a..d p|.,I states. Au libel oppoitunity miy not occur in ,n.,nt s to nbtain i,la wine- * t'v low prices. W A.I Alt IKbjwhcic ,ratn iha j*i,j,r n?,| lm (rjeIld, , '?}'< V '> ** "" "fwt, aa ban wine, and Inpims w... d and gUna,nraarthurawSnatodfrom tha heat in market. II t.tir a.ilTh.n?Aa aaamnm*t .a *ktr?a*ai,n f.ngiut, c ' It 'e it on,itti iwri-J far rnwot aim,lis, ,,?d'fo,' 1. Ill lots to I?t ptrrrVsgpta? 1 . k a. <yu1r***rn HbATHIHO I'Af'r.H? ft baits ol vary sn|i?ririr quality - iiible lor roots ol '-.-usi ? soil a'ups Inn i in i, lor t le b, n t? K K t (H.LI hS It CQ. yg dontg w, I A f I i r H-upplird jwith lor latsm and Jrll v, in toima. at i Sihillsnui osi ftnarl.byy tit 4 UN,ritKmatt k E NE" N. THE NEW MIRROR? EVEKY Number Embellished with an Oriuiual and exquisite Deaivu on Steel. Edited by George P. Morris. II luttratt d by J. O. Chapman,w lio i? engaged exclusiyely for the work. Terms? $i j>er Single numbers, cens. In the course oi a few weak*, the undrisigued will commence, on his own account, the imbl cation of a new ?erirs of the ^ew York Mirror, in the octavo form, on au entirely nov*l and ordinal plan, with a steel engraving in every number, and at the reduced price of three d >I'ar* i er anuum, or ixarula quarter cei it oer copy. The New Mirror will appesr with many striking ?ed attractive features^ distinguishing it from every o her periodical. ! will he publiuhrd with new type, on fine paper, and each number will cumini <t beautiful original eB?Kvi??n on designed , and etched by t dupmau, iiitist atmg tnc letter-pr**s? which it | accompanies, aud which it w'll invest with i?-culwr interest. Besides the ntributious of a I our extensive corps of correspondents?which embrace* most of the talent of thii couuiry? we have made arrangements for fresh nud early translation* from some of the he?t writer* of France, and for proof sheet* from several ot the popular authors of Kitglaud. With such mateiiuls, and with such able fellow-labourers In the literary v rieyard, we hope to i reseLt to the American reader a weekly journal of treat value auuuuusual excellence. The parade of mere i nines, will be st-dulou-!v a?oi'Jed. The Mirror will be remarkable, ne hope, rattier for giyod articles without iwm'i, than for poor article! with distinguished n?ran. It will embrace ill itr scop* everv department of elegant lilera'ore, comprising tales ot rouiauce, ketchesof ?ocietv aril manners, senti mnit, and every-day life, pinuant rsssys, d uiestie and foreign Correspoudruc", literary intelligence, wit and humor, fashion and gosiip, poetry, [lie line aits, and Iiteiav,musical and dramatic critrcism-. lu reviews of new works will b- careful, discriminating, ard iinpiitial It will aim to I'oater a literature suited to the taste aud d> sires o( the age and country. Its tendency will be clireriul and enliveniiiit as well as improving. It will seek to gratify e very raliued taste, but never to oITt ud the most fastidious; and it will ever eel iis duty to be, to " turn the uuny side of thitigs to htim*n r\rs " '.I lie work will be published every Satur'av, in iminbers of sisteen large uctivo super-royal pages, witii double columns, ai d enclosed in a neat ornameutal cover. It will form, at the end of the ) ear. two sup rb volumes, each of four hundred and sixteen pages, filled with the gems of literature and the line arts. The very low price at which it will he issued, reudera it the cheapest periodical in this or >? oilier country, considering the cost and beauty of its Fifty-Two Engravings, and the In Irii'.sic value of its literary content. Tluxe desirous of receiving 'lie p 'per from the commeueenirnt, will have it pnnctiially sent to thrjr aip'riss upon then loi warding to the nudersiltned, at No. a Anu street, three dollars, free of tspruse Letters, enrlmimt the amount of subscription, may be franked by all postrn k is, Ageuis, carriers, and newsmen, will be supplied on rne usnal terms. fr*The (.ash System will be rigidly adhered to, without auy deviation whalever.?^jl fench Editors as copy the above will oblige in* by forwarding a marked paper aud by resuming the exchange, which was interrupted, much to my reyr-t, by circumstances over which 1 had no control. GEORGE P. MORRIS, Eilitor and Proprietor, ml 3wis?r No. 4 A<m street, near broad way. MKKICAN LAND ANU LOAN OFFICE ? Wilnun L. bitners having above thirty yearn' experience in the management of Keal Estate, and possessing a laige landed property himself, al-o feeling great confidence from the lih.-ra! patronage he has heretofore enjoyed, resiwclfullv solicits the aitenlion of Ihe muhlir to the special advantagei of the American Land and Loan Otfioe. at No. 14 Wall street, in the city of New York, for the purchase, sale or exdiange of Huuses and Lots, Farms and uncultivated L jdt either al private or pnblie sale, and for the hiring and letting of Houses, Stores. Finns, lkc.;for collecting the -euU.aml lor taking the get eru ,.r u- .i L-.,.,- -i ... t... ,i. tendance of erecting and repairing Buildings. Persons having property to sell, exchange or let, will find it to tlleir advantage to apply at thu office rather than : any other in the city, both in point of economy and (iespatrii. All property registered in this office, will, if required, be ad vcrtised io twoor nioreoftlie inoa: widely circulated jonrnala, and every- honorable exertion made to disjioae of the same. Should thciiroperty not be sold at private sale, it will, if desired, be offered at public auction, urns giving to ewnerx of lite property double advantage. He will also attend to effecting Insurance on property, obtaining and loaning n( money on bond and mortgage, mother securities, takiug special core to receive ample security fo money loaned; and to have titles to property examined by gentlemen of tha legal profession of established character fro accuracy and reputation. Holders of vacaut ground that require! improving, will do J i Ktratly to their advantage to apply to him. as his knowledge of e kind of bnildiuga which are most productive for the different localities, it of the greatest importance; and hia long acquaintance witn llie building of houses will enable hi in to get them erected on the mosircaronablu tertua at a far leas expense than it usual. He will also take charge of real estate intended for public sales, as his .knowledge from experience in getting np sales, will lie ol great value to those intending to dispose of their property, he will ptepare the advertisements, tee that they are properly distributed anil superintended, and direct the salepuul it will be fonn-l to be a great saving train the fact that property ! jor the last thiee or four years has been frequently sacrificed from the want of proper attention and skillfnl management. Individuals or companies that require as agent to take charge of their real estate, may depend on having it faithfully and economically managed?and all moneys received, promptly paid over. Persons wishing to hire or purchase proper.v, or invest money, can inost generally be aocuiiimodalcd free of expense?and persons residing at a Jplance desirous to scli or purchase real estate by senator a description ol the property, will ireeive immediate attention. Persons Laving country seats, farms, or bouses for sale, and wish to hav> tkem surveyed and drawings taken, cvn have it done ,n tha most elegant manner by npplvin* at tins ofTice. Also, On'racts and other papers prepared. AH letters for the purchase, sale or exchange of real estate, or for the loaning or putting out of money, must be directed to WILLI \M L. SslMKKS, American Laud and Loan office, No. 14 Wall etreet, New York; and the postage invariably paid. Those harp a money to loan can nave it invested, fiea of exivtisr, by ejllit g >! trus i.lfice. lfif lmas't DR. GttKJORY, HE has long be'n accustomed to prescribe for a cerrwn class of patients, who, for p rtirular reasons, may require tlic best of tiestmenl p ivatv ly? the Doctor has enjoyed ,vended opportuniti s of eii'icallv inv-stigaiing and siud ing the vsrtouiinorbid conditions of the living ti-snes constituting the class of in-laiiea alluded to. and by this means h >s ohtaiued the " prartictl" as well as the " methodical" knowledge ot tliis hrauch ofhis > rofesiiou. The true pathological syuvtoms of mesr uisnroers pieseuis uic * line .uuuti'- ? liit-ij iu urian, ns ?t fmd variety of form si d feature iu regard to (he human countentuce ; tin being the c ise bow iu-oti-iu-nt thru are the assertion! at those who proclaim eix- remedy cap hie of carina ell (incurs. Thia theory is false if applied to diseases in grncrel, and it is still mure so, it is wicked when applied toacerttin partii ular disorder To cure disease successfully the symptoms mu3t be ihqaired iuto and carefully investigated so as to distinguish between Cause and effect?<1i ease is acanse and symptoma are .ts ell' nits ?we otten meet pitients who aompiaia ot aome r- maiiiing symptoms alirr( i? they luptioverljthe d'sease was cared. Oa iu quiring iuto the his'ory anil progress of there cases it frequently turns out that they lave ?ll the while been doctoring for symptoms and totally disr< gajrdtug the canse whi h ought to hrve been tli first to attach. Where a cure has not bieti obtained willtiu a re isonahle time be assured there is > reason or cause thst requires sp- cial ait uMnu. This eause may exist primarily or by continuity?the Tiros may he subdued acd uot extinguished?'t may he owing to some defect in th* treatment or pnhaps a peculiarity (if c matitnti ii, or it may be some hidden mi rtnd consecntiTe candiliou thai has heretofore be-u overlooked or misunderstood Per liana il the truth were to be ascertained m- dicine a'ouc would uever effect a cure. Thia latter remark will ea|tecially apply incaaeao Itncturc. On th a subject tha reader is referred to the treatise on private inaladie-, written by Or <1 egrvy ; the |uice is 30 cents?for sale at he drug st res. Not. 79 and 100 Fult >n street, ?t61 Bowery, co uer ivalkr street, and 1H8 B urery, comer Spriug street ; a Dr. Wlii'e's. aoi ner of Suff iksnd Delancey streets, slid by the author, at his private residence, II Barclay street, near Broad wa.-. Il-iaat home, aud aaay be c maulied privately at any hour of the day or evening. IT/" 11 Barclay tt. near Broadway. Fersous at a di-iance, by seniogSl, post paid, will rcetivc the h nk by the Iirit mail, which shall also tie postage paid h /? Dr. Gregory is ihe proprietor of the " American Mediniiei tum," a very celebrated aud speedy enre for the pil-s? I'riee Si. Me irated Vanor Baths adiniuntcred at all hours, m 4 1 n * e> LONDON AND MANCHESTER INDIA 11 UDDER GOODS. UTHOLFBALfc AND RETAIL. No. I Wall street Th vv subscriber hss received snd offers for sule a large assortment of Inpntwl India Rubber Water new Goods, viz: Coats ami Capes, of superior Lama, Cashmere Lama, Persian, Merino aud Cotton, of all colora aud sizes. Cloth?India Hnbber, Water Proof, super Cams, Lama Per uss aud Cotton, pre tiered for tailors. India Rubber Webbings for suspenders, corsets, fcc. sMtm'r CHAM. AaitAlvAMdON. MRS. CARROLL'S Medicated Vapour llalhs, 75 Courtlandt street.?< hilils, rore throat, I am hag >, rheumatism, fever and ague, erysiiielaa, scarlet fever, fcc. A-., etfrctnally cured ill a few days, The prevalent fear ol eatching cold deters mauy fr in using ihe vapour bath, whereas if properly adimms tered, it gives a stimulus to the skin which enables it tu resist cold, and persons who take them become inured to rhe change from heat to cold, and bid dt fiance to our variable climate. Open from 6 o'clock in the morning till 9 o'. lock at night. Portable Batha sent to any part of tnc city or Brooklyn. Bathing Tabs and Hip B.nhs lor hire. in I a it r DEAL HAVANA Sh GARS.?The lovers ol a genuine unde't a Cafe fortoni, between Lioerty ai <1 Cedar streets, a' wnicb place thev can find the largest assortment i j the city of til- above rained luviry. Call aud be satisfied, nil? lm*ec A NOLTKMETER. CERT AIM CURE VOlt ALL DEAFNESS. Monx. mallan-sound maonikierx-invisi ble voice conductor??.?To euable iwrions lustantly, at an advanced age, aud of forty and fifty year* ?lauding, of rztreme deafness, and of tlioac who are only slightly dull of hearing, tojoin in geaeral conversation and to catch the sound ol adisunt low speaker at a public assembly. They are the size of a very small gold seven shilling piece, aud when in tne cavity ol the ears they are not in the least perceptible, nor more uncomfortable than having a small piece of fine Wool in its place. And although they are so < ztreniely small, yet they enable those alllieted with eztreme deafness to hear, in ever; respect, equal to those of most acrurnie hearing. To be had of Mobs. Mallau k isoii, Surgeon Dentists, sole agents for the psten'ee. No. 372 Broadway, uezt to the Union ci nb. 1 he above invention has been in nse hi Europe lor some years ami is strongly recommended, being one of the greatest discoveries ol the age. Persona, nou residents in New York city, on the remittance oft 10, ran have a pair forwarded bv post lu any part. m!4 ins e YOU CAN BE CURED. Y ES, by the deepest research, long study, and untiring i?r1 severance ih?e list been discovered a specific?a medical combination never before attempted by any one, composed ol new materials aud possessing powers far surpassing anything hitherto employed, or that the imagination h is ever conceived it possible to employ, in the treatment of Oonorrhms, Gleets, weakness, and diseases generally of the urellua, in male or female. N i matter how lomr standing, mmplleited or dangerous the ease may be, it will yif Id )*., dilv and naturally to the pleasant aud certain curative powers of this pew remedy. Many persons with gratituae bare ackuowhdgeil ilvit Do hiug wuhis their eiprrieuce can equal this new arcanum, "Thomas * Specific P lis." 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Agelita? hard 100 Pulton street, TT East o roadway, coiner Market | 27 I Broad a ay, corner Chamber street (Granite B iild iofft.) " i Prl e.Nr XII b A i MlNti PAPER?? nalee ol a veryTn"p?i:o? article, sou ti spproeed ol and w. II adante.l lorp-ot to r a ot ihiiw. raids of hoesee, Ac fiir by %. k. COLLINS It CO., M* M South stress. W V o EW YORK. FRIDAY M( Uulted gt?Ui Circuit Court. Before Judge Belt*. Thuhdat, Mirrh 16, 1918. Th* S.imert 7V??ci/y ?We no v give the remainder of the i|>eech of Mr. O'Coiswor, which wai concluded yesterday :? Permit me, ijr, to approach more closely the precise question h> lore your honor,and otter some observations on the law an it existed prior to the adoption ot the Constitution of the United States. We. shall tlinn ho better able to understand the clause iu question than wo otherwise would he. 1 maintain, sir, that tiy the uriginul law ol England, murder upon the high seas, wbethsr committed on hoard a national ship or on a merchant vessel was within the jm isdiction of the admiralty, and triable incoufoimity with the practice of civil law?that the jurisdiction properly called the admirulty jurisdiction niHJe 110 distinction between national aal pi irate vessels (4th book ol BlackNtonc ch. 19, sec. 9 ) 'i hus it will be seen that all crimes anil offences committed on die high seas belonged to the jurisdiction of the admiralty, anil when eteicised by what was called the Court ot Admirulty of England, it was as a branch of the admiralty jurisdiction proper, and the judge of the courts ot admiralty was considered as the deputy of the Lord High Admiral. Your Honor will find that act in 2d Hough head's statutes at large, 969, the luneuasre of wliieli in ?m?i-?i iit"? that ol the Crimes Act, an<l does not particularize the place on the high see? nor the vessel in which the crime committed shull be triable under this jurisdiction. Your Honor will tind that m an early period, sav the j eur 1700 by the 11th and 13 h of William III., chap 7, sec. 1; (4'h 11 tughead 4.1) authority was given to erect courts of vice-admirality, to try offences at aea or in foreign dependencies accordin: to the course of the common law?n species of court not differing in fact from Courts Martial. As also hearing on this ase I refer to Mil Kotigheud. fid-t, being the art of George II, ch. 31, n relation to the vrnur or place of trial of offences that were not certainly within the jurisdiction of the admirality that is, such us a hlow given on sea from which death on land folio we 1 or vice rrrsa The first naval code wnsenicted in 1661, 13tlt ef Chat. II,eh 0, (3d Houghead 310 ) Your Honor will find this set out at length in 1st, MeArthur on "Courts Martial,".335 and 334 Up till the enactment of thia code, then, unless crimes committed on board of public ships were cognizable under the admirality and triable under this general law,there was no law by which they could be punished. Now,upon the question whetherduring thai period theso statutes ought to be construed, or subsequently crnstrued as referring to offences committed by persons in the naval service of Great Britain, we have at least one authority in the English Books. In I.MeArihur, p, 391, your Honor will find the case. Mr. O'Connor detailed this case (one of murder by a naval officer) and cited Lord Kenyou's opinion, in which he decided in favor of the jurisdiction of the civil tribunals?that not only the Courts Martial had not concurrent jurisdiction, but had nothing to do with the case. Your Honor will tind by reference to the act legalizing Courts Martial in the army, passed in 1689, 1st of Wiliiain and Mary, ch. 4(3 Rang head 443, I. Mo.Arthur, 41.) that the law was rather more arbitrary in its character than the statute organizing thc'N'aval Courts Martial.? This, then, is the commencement oi legislation on the subject ut the army aad navy of England, mid with the exception that rules tar the g of the army were afterwards adopted, this continued to he substantially the state of tha English law down to the present time And from these shitm-d on.I I ?-1 **- 1 ;J ? ai I will hereafter show to h? correct, that in all the rules and urticles lor the government of the army, it was never intended to tolerate or permit in time of peace martiul law, as it is celled, upon the soil of England It will he found that these statutes and articles are studiously confined tooffences purely military, offences involving purely and simply breaches of military iiiscip? e, and violations of that conduct,the rigid adherence to wuich is indispensable to the maintenance of the army; and that they leave to the orinary civil tribunal* of the land, the punishment of all offence# against the well-being and good order of society which are denounced by any particular law or punishable before any of the civil tribunals. Let me now call the attention of your Honor to the laws and rules for the regulation of the Engli-h navy, as originally adopted, and substantially continued, with certain modifications,to the present day. And 1 am prepared to maintain the general proposition that the English system of naval courts martial contemplated the puuishmentofciimet committed in the fleet and at sea j and also contemplated the trial and judgment to be on board the fleet and at sra, and thut it was never contemplated for a moment that they should have looting within the jurisdiction of the civil tribunal. And I think we shall gather Irom all the light on the subject that a naTal court martial has never sat on the soil of England, and never could. Now on this subject let me call your Honor's attention to the wording of the articles of the navy. Mr. Duen-You now mean the articles of George the Second I Mr. O'Cort.voa?I mean the articles of 83d George ii.? The first of these, your Honor,requires divine service to be performed on board their ships. The beat one to whi-h I can call your attention is the 38th, which pro videa that all cases of tnurler shall be punished with dwalh by order of a Court Martial?the next provides lor the punishment ofa crime committed inthe fleet?(which I do not nameforobvious reasons) Your Honor willlind that the language is not intended for persons belonging to the fleet, nut for oifencaa committed tn the fleet For th-cisusea which show that this was intended to he exclusively n maritime jurisdiction in the strictest sense of the word,I refer to 1st McArthur, 337, section 4tll of '3 ot Geo. ii. Now ta show that these Courts must sit at what is considered at sea. I refer vour Honor to section of tho t.ine act, 1 McArthur 3-11. It is said that no member shall go ashore till the trial ho terminated, on pain of being cashiered But 19th George iii. ch. 17 modifies that same clause. This act was passed previous to our Revolution. and it is a remarkable fact, that up to that jieriod not only was th** Court to ha held at sea. but the members were not to go nshore But the tfounsel will say that the terms of the act imply that the trial could not have been al ways ou the high aeas. But I call your Honor's attention to the manner in which the juriadictiou of thv Courts of Great Britain are created ? fly usurpation jurisdiction it often created- 9o with tni>; the origin of the juiisdictioa was the necessity in that warlike nation ol creating tribunals beyond the limita of the^civil power,to administerjustice and redress grievances. This was toh rated by the free spirit of English law, because it did not interfere with trial by jury when that could be obtained; and thus we find the jurisdiction built up; but subsequently departiag so far from the original nature of the juris diction as to admit of the exercise ot the Jurisdiction iti a ship within the body of a country ? This was, 1 contrnd, contrary to the spirit ot the English constitution, but as it was so slight as not to be percepti ble to the people it whs tolerated. How lar casos ever did seem sufficient in number to alarm the jealousy of the English people is uncertain. I took some trouble to try whether some cases could be found, and consulted a schedule, in id McArthur, on Courts Martial, page 419 and extending fiom the year 1760 till 1919, and could not find more than five or six casts of murder. One is the case of Thomas Bingham, tiied on Feb. SJ, 1770. Next, thatofWm. Hunter,a Lieutenant Commander, for killing a deserter. The next is the celebrated one of Lord Camelford. The next is that of Captain Whitby, in 1806, and the last occurs on the 9d of Oolober, 1819. There is no evidence ot the place el trial of any of these, except ol Lord Camelford. which was at Antigua?in a foreign dependency. It cannot, therefore,be inferred that the [<ower of puuishing an offence, not purely military, was ever made the subject ?f atrial by a court martial within the kingdom of Great Britain. Why was it that in the army the rules were never permitted to extend further than purely military offences7 And why is it that al though such offences as were against the peace and good order of society, were punishable in the fleet, out of the realm, they were not in the limits of the jurisdiction of the civil tribunals? Because in England there were competent tribunals already created, and martial law was not tolerated on the soil. To show the odot in which martial law was held in England, I refer your Honor to Blackstone, book ? ,ch IS. page 41* ot the 91 vol. We see here, that by the opinion of Lord Hale and Mr. Chief Justice Blackstone, that martial law, which deprives the citiven of all the safeguards uf the common law, win justly held in dislike. And tho doctrine was, that courts martial wire only to b- tolerated on the ground of urgent necessity. The obvious necessity of maintaining the discipline of tho army was admitted; but it was not allowed them to punish in time of peace offences against tho common law. So also in the nuv v; and it was further admitted that otfences against the common law, committed in a fleet, might he punished by courts martial, on tha high seas, or in foreign dependencies, because a necessity of purging the. navy of the offenders might arise. But in no instance whs it permitted these Courts to exercise jurisdiction within the realm of England.? It may he hers necessary to call your Honor's attention to the similarity between the 98th section ol the English rules,and tho seetionofours. The English section save that the crime of murder "shall" he punished bv Courts Martial. The counsel said that a tyro in the law know* that "shall'" and "may" mean the surae thing. I will only say|that some who are nottyroi should know bettar. This code w?? originally enacted on the princi. pie tiiat all offences against the laws might he punished hy the short,defective proceis of a Court Martial, will ut the realm. I say defective process, because aalculated to oppress the weak. Your Honor has, I understand from a remark which fell from you this morning, looked into the tirst rules of Congress for the regulation ofthe navy. They are in I. Journals of Congress, vol. 1 p. tifitf. Thut act says ' all murder shall he punished," following exactly the model of the English law. How

long did this act last? one year. It is found iu 3 1 Duane an i Bioron, p. v One year afterwards this article is examined and re-enacted iu this way?"murder when committed without the territorial jurisdiction of the U. States, hy a person in the navy, amy be punished," kc. 1 infer that this subject had in the interval alluded to undergone close examination,and this variation according ly made. And I refer your Honor also to the -?6ih article referring to thefi, and corresponding to the 30th of the Knglish act?the2!hh being happily left out, no occasion ptobablvhiivingb. cn found lor its continunncf,in tins article the same ait-ration is made, whilst in every other provision, (which hear on the discipline of the seamen,) Iba imperative "shall" is continued. Whet was the isaaon olthii industrious,careful depart urefrom the whole course of legislative enactment on this subject?a departure not only from the Knglish precedent, but also lrom heir own? The reason u as this, thai the power of a Court Marttal is specially limited to cases of breach of 'iscipline, except in such cases of other offences as are necessarily excluded from the jurisdiction of the civil tribunals. But the counsel sai l, what shall we hink of this tyro who makes out such diff. rences to exist between " shell" and " mty?" Mr. Dona?This is somewhat painful. I never uaad suoh terms. Mr. O'Cotviroa proceeded. 1 ask what ar? we to thiak RE E )ttNING, MARCH 17, 184 of ths wisdom of Congress in thus studiously departing, obviously on |irmci|ili', from th? former enactment! J 1 presume thers were some gentlemen of mature age in the Congress of 1H00, which adopted thia alteration. Thil word " may," I admit, may tie construed an impoling a duty in a certain arnse, and that the fact that worda not grammatically imperative, will not excuie the officer in the exercise of discretionary power. But it n a question not on a word, hut on the whole construction ol the uct. Mr. O'Connor here referred to the opinion of Judge Story, in the case of Merit! agaiuit the .Merchant!' Bank of Alexandria, (cited by Mr. Duer) ai sustaining the view that ' may" means may and not shall, iinleii from the term* ot the act, the intention of Congress to make it mandatory was manliest. A strung argument in favor of the imsitioii, that it wus not meant to embrace in this case ulfancus not purelymilitary, ia lound in the fact, that the thousand offences against the laws of the United States, which could be Committed by persons in the Navy, are left out ; and it ia conlinsd solely to those purely affecting the discipline of the Navy, eicept those which when committed on the high seas, could not he allowed to pass unpunished without serious evil to the Navy. For their punishment, provision waa made that the trial of the olfeuder, Sic. might take place out of ike territorial limits of the United Btales. I will proceed with some additional authorities to show that martiai law never had a place in the laws of England, and has nolle in ours. Martial law I contra distinguish from punishment* by courts lor mere disciplinary offence*. It jg formed for the entire government ol all in the military or naval service. It is a law return pen nun attaehed to them as members of either service. It ulway s accompanies them, and it alone punishes them for all offences. In it are to hu found the exemption of them from all other laws whatever. It is a system of entire government, exempting its subjects as well as punishing them for disciplinary offences. In the former 1 sense, it is most obvious and detestable ; on the other, it is not o lions but necessary. In the former sense, it separates its subjects trom other citizens, and invests them with special privileges. It is for this privilege both the counsel have strenuously contended. They havo contended for this exemption from other laws as necessary to their case,because your Honor will perceive that they could not maintain that this exemption and liability was peculiar to any particular place, iiecuuse it attached to the individuals themselves, and made them a el, dangeious to the enemy, certainly most d ingerous to their li iends. if the Country which harbors them can bu culled their friends. I have shown to your Honor that by the Knglish law the army Courts Martial were confined to strictly military offuicei, and that naval courts where they exceeded that, exercised a jurisdiction originally intended only lor extra territorial jurisdiction. Tho naval code we will show contains oulv three otfencet besides those peculiar to the service, unless tho last article bo made11 apply. It was never pretended that under these articles an olfunce committed by a member of the nsvy on land, exempted him from the jurisdiction of civil tribunals. The 3lth article .s,tlint all othercrimes, not capital, committed by persons in the fleet, ike.? Couht.?That's the Knglish article. Mr. O'CosesH.?Yes,our ewn is the same. Now whot it it that these articiea place an the sea for the purpose of denouncing punisument? Is it that all other crimes not capital, committed at sen, shall be punished! It is that they shall according to the customs used at sea. It ia to be a customary a law, used and practised?where? At -v? momuwiiViiwuHj ,.mi r1|.uviu, inci? m ,uu.v known to custom only, nnil by the fact of its being put in use at sea. Now can it be contended under this that these articles did not anticipate the erection of a peculiar tribunal to act in certain cases, only where other court* could not exercise their jurisdiction? The location of the tribunal is most expressly assigned Now to follow this up, let m* show what is the martial law for which the counsel contended. It is neither more nor less than that of the courts of shivalry, (1 McArthur, p 19.) Now let ma refer you to a modern author, (Grant St Gould, ad Biackstone, p 98,) for the distinction between martial law d the common law. Now tiiis case explains more fully than I could, what we mean by that distinction between disciplinary offences, and thu-e which are violations of the general good order of society. The distinction is plain and obvious. It is undoubtedly true that a disciplinary offence may also be an offence against the general la v of the realm. Itis true that an officer holding communication with the enemy, may be guilty of treason, as well as guilty efan offence in his otficial and peculiar capacity as an officer of the army, for which ho is responsible to the rulea and articles of war. And though I do not deem it necessary, 1 think there would he no difficulty in showing that in that case he might be tried and punished for both offences. I think, if the learned counsel were calle ten to dispute that, he would find liimselt involved in no little difficulty. Or suppose an otficer guilty oi picking pockets, and escape a trial at the civil tribunal, could he not be tried again hy the military code 1 Most undoubtedly ha could. It was said in ruply to my associate, that this distinction was created for the unjust purpose of making a distinction between the otficer and his inferiors. It is true that Mr. Butler did uae the expression " breaches of discipline towards his superior otficer," but he also added iu the same sentence, or" breaches of allegiance of the superior officer to the executive." in short, then, we contend against the proposition? , Mr.Dus.n.?I must,if the Court please, correct thi and interrupt the counsel. Mr. O'Com.xor.?Von have done it so often already, that you need not apologize. Mr. Dunn?I do not ask your permission. I was represented as not correctly stating the proposition of the counsel. I was not present when the counsel s|x>ke oh ha'tuday morning, but a faithful note of it was taken hy my associate. Mr. O'CoxaoR proceeded.?-It must tie obvious to your Honor, that Hnv sinirle 'iitenc.- or d Icii'ion in terms would he iuadi quale to convey 11 clear idea. Illustration therefore was necessary; and such is the imperfection of language, that it is impossible to lay down n brief definition which will he sufficiently clear. Therefore it was that in thn remarks ol my associate, with no such sinister design as might, if it were not, be imputed to him, referred to the illustration of the duty which an inferior owed to his supe.rior I need not dwell longer on that point; your Honor's clearness of perception renders it unnecessary. The struggle throughout has been to establish an immunity from all othei law in persons belonging to the Navy. That is the precise issue to be decided between us by your Honor; and that on the great and general principle! of the laws ol the greatest and most free of ancient nations from which we date our origin, and as they are defined and explained in this mdra happy land. When you come to thn constitution, if you rea l it in the light of suttled conviction, all the difficulties the counsel have raised will vanish. If you are with him on this point, jou must he with him in all his details. But if you disagree fram that general proposition,you will decide that you are not to decide is favor of that immunity. This ground coald alone have sanctioned the argument adopted by the counsel. Because they have contended for the Congress having the absolute power to govern the Navy as a distinct laxly. They have contended for the hold right of an individual in the army or navy, to be tried for whatever offence he might commit on land or sea by hia peers?using the language of what il called the British constitution. M*. URirrnv?We never contended for any such thing. Ma. O'Covvaa?Why, have they not told us that a naval officer could not he tried by u jury of liis fellowcitizens, hut by his fellow officers. A most valuable right lor the officers?a most unfortunate one forthe poor seamen!?This is I believe the lirsttime this question has been presented in nn AmericsniCourt; and 1 am therefore unable to refer to American uuthorities Your Honor will observe from til- history ot the English law, that whilst the martial law was carefully eaclnded from all cases which could he brought within the remedial jurisdiction of the civil cuiirts, yet yielding to necessity, these nsval courts were permitted to try?first?piracies and robberies where the offenders could not he brought home for trial. 11 and 13th of Wm. and Mary, ch. S; 4th vol. Hnughead?43, aecondly?in the fleet beyond the temedial justice of the ordinary civil tribunals; and last 1 v. in the army when th<* army itself was beyond the realm. I refer to the argument of Vtr Abbott In the cane of the King against , East's Reps. 911. The Court will thus see whilst the provision* of the common law were carefully preserver), yet with that wisdom which has in ode England so great a nation, and with their flexible constitution,they permit this martial law to he exercised in their army, navy, and also over all persons under them in foreign dependencies, and beyond the realm. I also refer to a law written in blsoJ in the histories of all civilized nations?1 mean the opi ration ol courts martial in time of war. I contend that, although perhaps no express authority for it can he found in any law certainly not in our constitution, or the argument of our harned op|>oncnts, or in the articles of war?yet martial law is permitted in time of war, not only over the members of the army and nnvy, hut all others within its teach. Where do 1 find this law? In that strong necessity which the counsel urges in defence of that act we call in question ? This is the martial law ot Hale and Black stone, tolerated hy necessity. We contend that its sphere is enlarged hy war or public danger, so that it supercedes lor the time in s great degree the exercise of tin- jurisdiction of the civil tribunals, tor the purpose ol mitigating the horrors of war and maintaining the regnlar operation of civilized warfare. Perhaps the couns-'l will deny this ; lor they have contended that the grant af Congres to make laws for the government of the navy, embraced a (aswer to make a cod* of laws which attaches to the persons of those in the land aad naval forces. And according to their construction of the words "government of the land mid naval," that would be quite proper. But on our construction it would be somewhat dilterent. Do they mean te say that martial law cannot be extended beyond the land and naval force* ? How then was Andre subjected to it ? Your spies were so ordered to be dealt with ? (Jd section Art, of War, 4th Duane and Bioron, -Jfl ) But this npplies to all tlmesofpublic danger, insurrections Jew-hen the progress of tlieatmy might he interfered with by a lawless rabble. This operation of martial law it indispensable. II not permitted, ail army could only maintain itself by lawless violence. The only mode ol removing ,? rabble would he by an open act of war. Those who might itilcrlere wi*h their progress must be shot down indiscriminately. But it was otherwise ordered. The ' ringleaders are taken and subjected to decent trial ot martial law , so that the warfare has a civilized character, and is not like the progress ol banditti This right eslsti I 1 undeniably in England. It has always been admitted, with ' thequnliflcation that it i* not to be tolerated in lime cf 1 pence. Now I s ly, that neither by our Constitution, nor 1 in the remonstrances of the able English jurists to whom I have referred, was it intended that maris! law should not be exercised when the civil power was silent. What 1 ire the powers specially given to Congress on this point' Why, first, the right to suspend the Kahrm f'nrj>u$ in ' oasc of rebellion or invasion, the public sulety may r*qulreit. (Art. 1. seo-P, subdivision id ) By art I, sec ft, subdivision 11, Congrrss has power to maintain armies, aad toprovidaa navyjby the IXh subdivision topnakarulaa I B R A 3. for the government of tho land tod rural fore of. Now, what in thi! meaning uf this I The couniol sny, to erect a distinct body of men in the State, who were tu be subject only to such martial law as Congress should direct; as if it were Intended to govern the individual and all hi? acts, free from the civil tribunals, to which ho would otherwise he amenable. Our construction is, that it is for the government ol th? army and navy as an entire subject, and in their naval and militnry character alone. The right to make rulss lor their dbcipline in time ol peace, and proper government iu conducting operations in time of war; but not the right to deprive these members ol torees ol citiseuship, and give them an immunity from all ether law but that of the military code. Now, whilst we petfeclly agree, and in the free spirit of the English Constitution, in the propiiety ot erecting all such tribunals as the exigency of war or puhlia danger may n quire, we deny the right thus to create a distinct body, and exempt tbem Irom all authority nf the civil power. It may he, we arc also willing to admit the right of erection of courts for the punishment of offences committed out of thejurisdiction of the realm, anil when it was im|>osaible to bring the olfttnder home. Vessels, members olalleet, or alone, on distant seas or stations, obliged to remain there, for a length oftime, may require that a police more f'ttinnivn th;m that fnr tliss niitiuhmnnf nl . 1 tttf? i ti 11 li u r V offence* should be created abroad, and then a Court Martial should be tolerated; and that from the necessity of the case, as in time of war or public danger; and coming clearly within thu scope o( the authority ol Cougrcsg to create nil tribunals necessary for the maintenance of the oruer and existence ol the navy. But thi? is the titmoat lim to we admit. I will call your llouor'a attention now to thu provisiona of thu luw relative to the army and navy, by which you will perceive the mnnstrotts consequence! to which the opposite doctrines leads. As to the army you will !i id these auctions?first, the 64th article (4th vol., p. 41 ) [Relates to good behaviour ol officers and soldiers ia garrisons, ami provides that >-asides the punishment by the civil tribunals, they were also punishable by Courts Martial ] This I contend recognizes the principle that member! ol the army and uavy la-come invested with additional liabilities, and are subject, superadded to the punishment of the military code, to the civil tribunal!. ( The 33rd and 99th s< ctious were also cited by the learned gentleman as establishing the same principle ) The distinction is recognized iu all the sections- The language of the Constitution is just as broad with respect to the army and navy, and it individuals in the navy are ciempt from responsibility to civil tribunals, tne persons composing the army must be equally exempt, excep' in so fur as express provision has been made. But those ex. press provisions do not embrace a multitude of offences, some of them capital, and the inference is, if tiio construction of the counsel be correct,that these crimes when committed by parsons in the army and navy, must go unpunished. But bow stands the law with respect to the Navy 1 No crime is provided for except murder and theft, unless they shall be considered as provided for by the 33rd or last article. Then (torn what an immense amount of crime are the officers of the navy exempted ! I will ruler you however to the last article of the rules for i the navy,the 83J, (3d Bioron, 36h,) in which it i? sup. posed there is a sort of cure-all lor thU non-liutulity. Well, then, they arc to be punished according to the customs of the sea. Is it a custom at sea that your Honor is now acting out Is it not a custom on land? < The counsel says that that article was hastily taken in from the English code. But is it really meant that the usages of courts of judicature on laud are customs of the sea ? What are the crimes provided for in this article? Those not included in the previous article? Certainly not the crime of murder, provided for. When? When committed out of the jurisdiction of the United States courts. Those olfences within the body of the country Mr. Pom?Shall I explain to you in two words, sir7 MrO'ComsBB? 1 ask,what becomes of all his argument I about the government of the navy taking these crimes 1 out of the power of the civil tribunals? i Mr. Deaa? Our view of the provision is, that all crimes t not included in the provisions ol the articles committed c in the fleet, nre punishable hy courts martial; that crimes r committed within the body of a country, by persons in I the navy, csnuot be panishbd by civil tnbuuals, was I never advanced by us. i Mr. O'Connor So much, then, for this boasted neces- i aity ot exempting naval officers from all ofleiices.which t even they may Commit in any place, they are liatde to c he tried hy the laws of the States, and even of a particu t lar State,although the act wan committed on the deck of t a vessel of war. I apprehend that ttie counsel ha* coiice t ded that tlierr is no necessity for the exemption against I what I have hven arguing. And 1 think that lie has I enne...l. ,t also ti.ut n.. >.<iur..r ujg< v..?to,l hv the iil.lll'iul net in Congress for the en ation of a distinct body of men I to he exempted from the authority ol all civil tribunal*. I The teference to the decision of Chief Justice Marshall I (foes for nothing, after thisconct-ssiuu. 1 grant he It is ta- i ken away a good deal of power of demonstrating the till- I , soundness of his argument He had adinitte I the liabili- c ty of officers of the navy to the civil tribunal, hut that i ' when Congress has excluded the jurisdiction of civil I Courts the Courts Martial have exclusive jurisdiction, n Well, he has, 1 think, even now quite a broad Held.? o Thei e is still a very large territory unprovided that is, t three mih s from the whole shore of the United States, t on which murder may be committed with impunity by o naval officers. Murder being specified, how lar is punishment prescribed fir? The counsel says now, if with in the jurisdiction ol auy particular State it is punish- 3 able by the Civil Courts of that State But if without 1 that jurisdiction, it is not punishable unit ss it comes t tinder tne description ol "unofficer like conduct," and if t officer like conduct is to he established by precedent. I s don't know hut even murder will not come to be u deemed utiofficer-like. As to the jurisdiction being n limited to one marine league Irom the shore, L I refer to I Kent's Commentaries, 130. But I think the I Counsel has departed from his whole position by this ad- ? mission It takes away all the tropes and eloquence of the t speaker; because it subjects officers of the navy to pun- g ishmant by the civil tribunals lor those very offences n which are complained of in the present case. Their con- a struction is, however, that the word " government" op- o plies to the navy individually ; we contend that it applies v to the uavy asan unit. Giving to the word th*ir construe- I tion, I was about to show, would lead to the moat mou- 6 Straus consequences. It would permit ottuetsol thena- 1 vy to perpetrate a great variety of not provided a f*r iuthe naval code. II they are within the " Crimea 3 Act" en land, why not on ship-board; that is, within the c admiralty and mnritime jurisdiction ol the United Ktates ? t There is no more propriety in the one case than in the t other. But now, abandoning that ground, the counsel c seeks to except officer* in the uavy committing an offence t cognizable by articles of war, andon shiplioard, and with- t out the jurisdiction of the United Mates. This is, I think, t as long and witty an exception as that he charged on my i learned associate The word "government" is vary ( broad?open, as much as any one used can be, to judicial t construction. They sav the army ami the navy aie te- ( ferred to ; we say the individuals composing tne armv and t navy?their conduct as members of society being entirely / under the cognizance of the ordinary tribunals We do / not doubt that the power is, however, necessarily exolu- h sive, to the full extent, as it respects the discipline h and maintenance of the aimy ami navy. Is it to lie sup- w posed that is givott in any decree to the civil tribunal* 7 rr Most certainly not. And this shows that our camtrtic- r tion is correct; that it refet I not to individual acta not tl authorized by the official capacity, and in which cha- p racier th. y violate the known laws of the land; hut c solely to olt'ences militating against the discipline and n maintenance of the ietvice; and also applies totberegu- p latino of their action out of the Jurisdiction of the Unite I tl States, where the provisions lor trial by j iry cannot i operate. This gives the right to punish any crime with h out the territorial limits, where trial by jury may be > given. The doctrine originally contended for, o( this j personal exception, would lead, as your Honor will per t ceiva, to tha most frightful consequences. That w ould h have been the erection ot a standing military despotism, o of the most fatal and destructive character. The private ( citizen would he. liable at any time to be trampled under fc foot by the military without any redress. Not only to t individuals, but to the States this would bo utterly *] destructive. But give to this section even a narrow | construction, and the whole instrument wilt bv found v Consistent with itselfand the principles of civil liberty. o The counsel callsd the constitution the last will am) p testament of the founders of our republic. If his con- tl struct ion of it be adopted, it should rather be called the p last will and testament of American liberty, and exeCut i: I'd at the very hour in its existence, before the fire and ei smoke of the revolution,to wh sh ic had hern baptised,had ti been swept away. But are we to be told that the Ami rican si glory depends on the protection afforded to a few naval |< officers I Hut were the officers, whose nnm<s era em- hi blazoned on the record of the "arly triumphs of our w republic, the only authors of that glory of the navy, li which we Justly esteam so highly 7 Do those names la present a faithful inventory of the true men who then la maintained the national honor on the rear 7 No! It is th to the gallant-hearted seamen, who constituted the ?e massra ofthe navy,that we are indebted for that inheri- ju tance of fame. Tin officers may jarish, hut their places rt can readily he supplied ; hut deprive us of the masses, m and our navy it annihilated. The idea broached in this to argument about the trial of an officer hy his peers, is tl some what extraordinary. It is said that individualson oi hind are incapable of judging of the exigencies of the w service. That thin-s may happen without proof W which n hoard of naval officers can feel. Now. I should al like vo kaow how any one can he convicted in this way. |o No violence may have been offered or received. But the w officer can appear before n hoard of his associates and say, ot " gentlemen, I can prove nothing. True it is, I have been m subjected to no danger that anybody saw. True, I was U an board a vessel with some hundred of a Clew w ho had m eyes as well as myself. But I alone saw ? I alone con- hi cvived the existence ot a mutiny, and I want you to' /erf' a what can he nelthet wen, comprehended, nor understood hi by any ore. I want von to take my word lor it and ae- (l| quit me!" Is this really to be tolerated 7 lathis thectiU'Se t1( of procedure on which the existence of ottrnavy depends' m I lor one would say, though my associate did not, as was u stated by the opposite eonns? I hut 1 would say.rathei (j i>erish the navy than tolerate such monstrous injustice. |, Why, it resembles more a theatrical entertainment than a Ju sours* of Justice. Tragedy lor the first part?three Ami. 4 ricati seamen hung up at the yard arm, with the American , ['institution 'perched' as the counsel says, not in the 1 shape of tin eagle,' but as I would say, in the shapeofn tr vulture at the masthead a Court of Enquiry 1>> way of ih interlude?and finally, the farce ol a Court Martial sit- j) ing with all due solemnity, not to try the cas*. but "feel. ( ng" for the party before it! wrs never supposed i n England that it was necessary that officers ot the navj * ihonld tie exempt from trial by land tribun tIn, for nitir ! .?e 'ommittnd on the se is. I refer first to opinions in the ens Ik at l.uther against Johnston, which was introduced with Jo inch a flour uh by the counsel. Mr. O'Connor detail' tr the case, and contended that the gr.'iiiid ol th" reversal ii In the supreme tribunal w as, that the declaration showei rn; probahfo cause ol the proo edings tnstltuted hy Cowman yot lor Johnston,and that on ths plaiatiffsown showing there ,-or was no ground for ths sotiou, aud that really no opi- lor LD. Prta* I'wu v?au. ninn whatever was pronounced by Lord Mansfield in favor of the exclusive jurisdiction ol < ourts Martial Even il' Hit! opinion warn otherwise, having been given after the Hi volution, it couM not tie of great weight Mr. O'Connor thru citeil the rase in 4th Johnston, 7, anil the reversal in 4th >1 aula & Uelwyn, 410; also to caae ia | Vic Arthur, 900 Now, it will lie aeon that this notion of :ho necessity of all things done by naval officers being Irieil only by Courts .Martial is not to be found at all lu :h? history of the English law on the aubject. We conend that the legislation of Congress has been altogether lonsistant with the views wr tske of constitutional 1,terty as declared by the must eminent Jurists ol England, is well us carried out in the legislation of Congress.? Adore doing so, I wish to observe on the uuthonty produced Irotn Chief Justice Marshall, whom I am well asuirod my assoi lata did not mean to treat with anything ttut respect That case (the U. States against Bevins), conn s certainly from as high authority here as that of the English opinion, and how the counsel could press it and yet advanae some other things he has said, I do not Snow, for he is obliged to admit that the civil tribunals httve jurisdiction over oil offences committed by |>eraoii>> not belonging to the navy, on the high seas, and son-ti quently that the deck or cabin of an American ship )l war is not a place, which us it moves frnm one place lo another excludes the civil law and confines all remedy Tor crime to the law martial. This is admitted, then, provided the vessel be on the high seas. I will show at ..... V?I1?1 urfillB UK* 1IU HppilC.mlOll W linlf T IT :<? tile preaerit;tha way in which it w an introduced (truck ny car as if it wan meant to convey the idea that >h?- language of the Chiet Justice was part of the opinion of the iiiiael himself. The whole iiinouiit of what was said >y the Chief Justice, was that the extent of the power of 'Oligteaa was never to he questional, hut its exercisa was the douhtfui point; the idea intended to he conveyed was that Congress even when they huilt u navy, had not ;iven jurisdiction to the U. Slates courts on the express {round of the otfenco having been committed iu an American ship of war, and without rcfeience to he location of the ship. It is true that with>iit looking at the whole context the true conitrustiou inay he varied The observatoin is not conIned to persons belonging to the navy. Thouseofthe winds, "wherever it may be stationed," rendeisit possi. >lr to inisiutei pret what he says, and to maintain, to ?ome extent, the |K>sition that be meant to say that Con. {ress had exrludrd the jurisdiction of the United States courts from the deck and body ol the vessels of the navy Hut if he sai J so, the counsel has admitted he said wrong. Here yoni Honor will tind the importance of noting ths ranation of the old acts, Irom the 31st eud UOt'i articles, passed in 1800; in the substitute of the word ''may" for 'shall," and that it was merely intended to sanction the punishment ol murder and robbery in the (left, in cases where the action ol the civil courts was suspended, and the intervention of martial law sanctioned tx ntettiilalt. 1'liis introduction may have seemed long, but 1 was neces-arily led into it. aud altar all it will not be lost, as we will be thus enabled to pass over the provisions of the constitution and the sets of Congress with great rapidity. Now , sir, what nay s our constitution 1 The judicial power in declared in the 3d article, we aretold, to extend among other things, to all cases in law and equity, and admiralty and maritime juiisdictiou. Mr. O'Conner contended that If there weto any admirality jurisdiction, it was this: to punish oflenct s in the fleet?(1 McArthur tth sec, p 833. The 31 srticle dedans that all cases, except of impeachment, shall be tried by jury. Cases of impeachment are provided lor in the 1st article, section (.subdivisionsti aud 7. The case of which we complain is in article 1, section 3, subdiv isioh 0. You will set that the word 'crimes'is not therefore necessarily limited to that article, but is intended to include all crimes, wlierevercommitted. This is.of course not mma liv min include mere broach eg of discipline, however aggrava led. But we narrow the term "government" lo it* regulation iu time of peace, or punishment of cifencea cognicalile by the civil tritiunala, when no other trial ezctpt dial nailer martial law ean be hail. In the Act, exrluiiva logmxance ia given to the Circuit Coutta at all offences lot olharwile provided lor by the law* ol the U Ututea. t ia contended that by the 31st article proviaion I* mad* or the punishment ol murder hyCourta Maitial. But sayeg thai another Court "may" punish murder with death, i not depriving the prior Court ol jurisdiction TheCrimea Vet, it in aaid, does not extend to the navy, became it ouid not unless Congress hud recited iu the preamble hat they were making provisions for the government if the navy. But that ansas Irom his constiuctiou of .hetennsof the coustitutiot), which I have already comJsttod, admitting that Congress did not ever anticipate he election of a navy, still the law applies to it. For where the law ia broad and em) races the whole operaions of a people or the navy, and so w hen a new subject irises it is necessarily embraced in the law; and the nere circumstance that a particular clasa of vessels was tot contemplated, cannot be suppiaed to exclude thi m rom the act. Uut we think there ia a good deal ol evilencetoshow that the act itself contains sufficient evilencethat the existence of a navy was contemplated ? n relation to the word "Commander," it is said that tha ffice was created only in IH37 But the term in common miliary parlunce applies to Commanders of vesrelson he sens. Anil you will find from the articles oi 179ft, hatthe term "Commander" wus applied to all naval dicers of a eertnin grade. Mr Dukh- Oh! we never denied that. M r. O'Conaer?The Crimi a act of 18J4 (7th vol Laws, 96) n (pnres no other observation from uttbsn that tha I til section is i.? more than a proviso of abundant canion that the right of trial by Court Martial i> not to ho aken away in the casts where its exercise i? proper and ale. On the Crimea act of Isdft, we ha t certainly a ;reat tuuraph! It abolishes ihe punishmeutol mutiny >r a revolt given iu the provisions of the 1.1 inn a act ol DO, ly the civil tribunals. But this relers plainly and mauicstly i nly to revolts in the metchant service ; and tha ally aid the Counsel lias i? this?which readily grant? hatCongriss in ulHiliahing the offence of revolt, as :iven in the ret 1790, state that they cid not regard t ns eitending to an officer in the navy. 8o with II the counsel's nourish about the legislative exposition f the law?he lias not gained much. And as to the nlueof legislative expositions of the law, I refer your lonor. uniongat many other authorities, to mh Wheaton, 9.1; Ferret ngainat Taylor,9 Crunch, 61; Sid Wendell, u3 , trom which it will be found that it is of very little uthority indeed What do we say I That the Court >1artial at Brooklyn Is sitting without precedent, and ontrury to the express provisions of tha stutute. Again, he counsel has attempted to laugh down a proposition hat thi* Court ia not an inferior one. whose inrladirtinn an fee taken away Wo coucede the proposition, that hn ii a Court ot apecial ond peculiar juriadiction. ai all he Court* of the United State! are. The same must be 'onceded of thu general government itself t But in it an nfarior government ; are they inferior Courts 1 No, 'ertoinly not. Thoy hare ?* enlarged juriadiction aa h? nature of the government will admit But that thia >ourt i? nn inferior one, we deny. I reler to 10th Wheaon. p. 199?a* hi*h authority aa the conaul can deaire. igain, in I Sumner j>. SSI, the aame principle M repeated, indtheae case* were citrd before and required fume etter answer' han n smile. Tliere in nothing aupreme eie, except that tcveraign power of the people, which re rec..guile aa above all the inatrumeiitf of govirnlent. No place ia ao remote, that the power of thia ourt doe* not reach. No country where our flag float*, lat it* influence ia not exvrciaed and felt. The whole nwer and majesty ol the American nation exists in thia ourt, lor the preservation of the right* of our citizen* n the high aeaa. What would the cotiniel call a iiipetiur Court I I *nppo?e the King'* Bench in he day* of the mnrtyr t hurlc* lat. The compariaon la o ludicroiia, that I wonder not the counsel nought to iiauitHi i in* poaition t>y a laugh instead at an argument, knd the question i? one, which how ever high this court s, will confer honor on it, and 1 doubt not tha decision viil be honorable to the court, and to the high aenae of louor, thelolty patriotism, and sound judiciul perception if the presiding judge. A word in teletion to Lieutenant liinsevoort, and I close It is said that the commands of lis superior exempted him. Now I admit, that with the error oi the gallows before him he obeyed the order. I'he question then i?, i* the order an absolute Justification? deny that it if. An unlawful order does not justify the act vhich it enjoin*. This, it 1* sai l, is a hard case; but it ia nc which belongs to every one of us. We are btund on ain ot indictment an<l punishment to obey fhe order of fie sheriff, or the marshal rvf the district, in arresting sny arty?to do it without deliberation or examination And the order be unlawful we may be punished lor obediseo. Tha executive officer of tne law can never be jus. fled without he has proper authority. Thia,then, i* the tuation of all the citizens ol the United States, >wn to the youngeat of tho lair ladies who ?ve honored us with their presence, although it on Id he a very hard-hearted Grand Jury that would in ct her lor nssiating the Shentl m effecting an arrest. (A ingh.) The law, how ever, oblig> > u* to nold that an unwlnl ordct ii no justification But we are to recollect i?t the Grand Jury have a diaorvtionary power in prenting, and if there be ground thnt the mercy of a petit ry would Hermit, Ihev may >gn< re the bill. The strict lie of law, however, gives no justification. And a raa? i<ht I e prevented in which the conduct of the interior may ! deemed even more utility than that of hn auperior; the rand Jury would then act quite otherwue. Suppose that te of these commander*, who like to be tried by court* ho " leel " and acquit, i? without proof oi innocence, 'e will .oppose that he ha* dreamed ot it at night?that I thettuck-coming fanciea which trouble the brain ol a ve sick girl had crowded the chambers of hia spirit ith disturbing imagery?that he could not *lrep withit having half a dozen piitol* under hia pilbw, and a an watching them thut they would not go off. (A ugh.) Suppose thi* individual?plotia, amiable, hurt ii*a ? Ml length come* to the conclusion that he ahoiild mg up these thrae terrible fellow*, whom he regarded guilty of a design of capturing hi* ?hip,converting -r into a pirate, and commencing a career of unexam,edatrocity. Hedoeatiii* with le*r and trembling?an one*t fear that he may be going too far. In that last teu linutes allotted to the victim*, one, a* he i? led to the alter, addretaea him; heavy*, "I ? ? about to meet my md?1 warn y< u that one of theae, my associate* in L'ath, i* innocent ?he ia indeed ?n innocent man. The idge and executioner* pauae. He ia at agger rd by that ppeal. He atop, on the brink of that tearful r< cipiee. He alert* hack at that striking evidence of leinnooenceof theman, whom hehad auspected Ha emblingly oproaclir* bi* hr? lieutenant. Ha states ianew fret. What Is the reply 1 Oh hang them 1 ' hang them all! Hs ia guilty-they ara all guilty know it!" Would thi* first lieutenant be deemed earn d by the order of hi* auperior? I have new done i!h tin* case, and regret that I have b en obliged to cup) so much of your Honor'* attention 1 trust, nay, :now, that it willreceive the full and deliberate attenn of your Honor, which it demands in the highe?t dere. It i* one of the most important qseation*, if not maat impoitant case that has ever b?en presented to Y court in thi* country. And 1 pray and trust that ir Honor will give it a fall, deliberate and attentive isideration Giving It such a consideration, I cannot a moment daub* the result. The result is ons called