Newspaper of The New York Herald, March 21, 1843, Page 1

Newspaper of The New York Herald dated March 21, 1843 Page 1
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TII Vol. IX.?Mo. 80.?Wholt No. 3a?a. llnltrit Circuit Court. Before Judge Betts. March JO?The Souses Tbaokdt ?Judge Betti delivered hi* opinion on the question* submitted by the Grand Jury, in the case ol the Somen, r? follow* Gtmilkm-m or the i}rakd Jury:?In my charge to you on your organization, lu directing your attention to the?u'j*ct* which would come bt-lore you, I ?tated in substance that you had cognizance of all crimes uud ol l.-ncrg in violation ol the la v* of the United jg'.ales, and triatile before the civil tribunal*, whether committed within the territorial limits, or the adrairality and marine j urisdiction ot the United States. It wai intended to to guar I and qualify that instruction a* to avoid amrting ur defining the jurisdiction over crime* committed on the high sea* on board of United State* ships-of-war, this Court wishing to leave that question, which had began to be agitated, lor deliberate consideration and decision. In the course of your deliberations, you came into Court, and submitted in writing, two enquiries, and prayed the attention of the Court to the points ol law contained in them. These questions wero? "Have the Grand Jury any jurisdiction over, or are thev to make inquiry into any ottences committed on board of American ships of war, and whilst on the high seas, if ao. is it their province to inquire into the otidnce alleged to have been committed by Captain McKenzie, or any other persons on board of the brig of war Homers, complaints of which are herewith mbmitted T With thane iuquiries you submitted to the Court the three complaints on which they were founded. Judge Betta then described these complaints against Commander MaKenzie and Lieutenant Oansevoort, and remarked that as the facts presented in the complaints were admitted. the necessity of the tirand Jury making any inquiry into their truth was obviated. Although the right of a Grand Jury to present a bill ofindictment without proof of the truth of the facts alleged in the complaints, was undoubted; yet it was more consonant with the humane admin ist ration ol justice to exempt the citizenfrom the ex|>osure of i public accusation and trial,when 1.0 offence had been r. omitted. All the authorities on this point apply with ial force to cases wherein doubt exists as to the legal "i uinulity of the act complained of. Lord Hale, Black, e, ami Chitty were referred to in confirmation of this '. The request of the Grand Jury far advice was pro i .tndcommendatory. The prosecution had bean for ourt to respond at once, after slight consideration to i (- i requests, but as the inquiries in the present instance i lvea examinations of the constitutionality of an act ongress, and also the just powers and duties of that " i-t in relation to ofiences committed in United States s of war, he deemed not only a mature and careful existion by himself, and a suspension of the business of :ourt for that purpose, but also the examination of the question involved in the inquiries by the counsel of both parties interested, to be necessary and becoming. The request of the court addressed to the counsel for their examination of the matter, was most?atisfactorily answered by tho learned gentlemen who appeared. The Grand Jury had given their attendance from day to day, and heard that able and instructive argument occupying more than five successive days. It might be proper for the Court to remind the Grand Jur y. that they were not to regard the arguments ef the counsel as addressed to them in their official character. The Court had merely designed to express its respect to tho members of the Grand Jury personally, in soliciting their attendance during the progress of the legal Jiscussion. They would remember th9t during the whole of that period, their presence in Court had not been needed. These remarks were deemed necessary by the Court, in order to guard against the possibility of a precedent being taken irom the course adopted in the present instance. The presence ol the Grand Jury was not to be regarded in any way, as waiving or dividing the responsibilities of the Court. The queatians proposed were strictly questions of law, which it was the province of the Court to decide, and he had no donbt that in propounding them, the Grand Jury meant to revpect the authority and bow to the deciaion of the Court. The Court could not fail to appreciate the delicacy and importance of the questions submitted. The occurtenceon board the Homers, with all its painful consequences, was brought directly in view, but was manifestly ot snbordinate importance to the great questions involved, anu which effect the administration ol criminal justice, and at once the individual citizen and the government. The queition ought to be calmly investigated, and decided as a naked proposition of law, and without allowing the judgment to be disturbed by apprehensions, that the conclusions adopted may place the parties in this instanco under increased liabili ties, and dangers, or afford them extraordinary opportunities of defence. Judge Betts then reminded the Grand Jury that the matter had been brought before him iu several instances previously to its presentation to bis notice by the Grand Jury, and that he hod declined granting a warrant for the aires', of tin- parties complained of. 'fhe esse had, however, in these instances been presented under special aspects, not involving the main points now submitted. and even if it bad been otherwise, be would not nave regaidefl'thst peinieicus action as interposing any objection to bis full and careful consideration of the matter now. Before proceeding to any investigation of the juridical facts submitted, the Court would remark that it never had hesitated nor shrunk lrotn the exercise to the full extant of the jurisdiction conferred on it by law, no matter over whom it operated ; neither did it ever seek or permit itself to exercise any jurisdiction, which was not clearly bestowed on it by the law. Neither was it of ownsequence to the Court whether they sat on crimes committed in the navy or the merchant service, or wheth er the parties accused were seamen or officers The words of the Court, would show thst the two judges new in cession had tried offences of every grade, and had sentenced to capital punishment peisons guilty of homicide and other atrocious rr.mes on the high teas, and tht question now was, whether the Jurisdiction o! the court extended an1 were to-he exercised over i-ff.-nces committed on hoard the anrn-d vessels ot the U. States. The an-art r to that inquiry must deiwnd on the import and op-ration ot tha Crimea Art of 179J und 1925, in connexion with the act of Apiil 21, 18 0. It the latter be till in force, that court could exerc ae no Juriadiction in criminal mattera not aliot'ed to it specifically by act ot Congress. (U. States against B-vin?, 3 Wheaton.) In tbia case the opinion of the Chief Ju tica was moat unequivocally deciaive on that point, whatever itsiffecton the other question* involved might be. On the part of the persons Complained i f, it had been contended (I) That Con great haa power under the constitution, to provide for the punishment o offences committed in the army and navy, without trial in courta of law. (3) That the statute establishing rule* lor the government of the navy, is an execution of that power in respect to ?h* naval force. (3) That the Crimes Acta of 1700 and 1805, neither in terms nor by necessary construction, embrace offences in the navy, and no offences in the army except aucb as are ex pressiy reaerved in the articles of war, lor trlxl in the civil courts. In support of the proposition that thiscourt had jurisdiction in the case submitted, it was urged?(I) That the judicial power of thecourt, tinder the constitu tion extends to alt crimes against the U Btates committed on the high seat, an t that several offences aff ct tig the public peace aud welfare, must be proceeded with by indictment and trial by jury. (2) That the Crimes act gives to this Court cognizance of murder and minslaughter committed on the high seat, without distinction ol public or private vt sst-la. (3) That the power of Congress to erect Courts Martial, and punish offences by their sentence, is an implied, and not a direct power, and mutt be exercised in subordination to the positive powers received for the civil judicatures. (4) That the act for the government of the navy under these constitutional restrictions, can give no authority to Courta Martial to try offences, other than those ol a strictly military or disciplinary character, and those committed and brought to trial without the Jurisdiction of the Circuit Court, or during war and time of public danger. The Court did not deem it necessary to enter into a consideration of the constitutional point Tha Circuit Court was but a limited authority, and though ita decision afforded a rule of action in that particular case, yet beyond that it had no power in fixing the construction of the constitution or the law: and the Court would therefore ran tiou*ly forbear from carrying it* examination beyond the ipecial demand* of the proient diicu*aion. The only pertinent point wa* whether the act of Congress of IsOO confer* on Court* Martial jurisdiction over murder committed on beard United State*' hip* on the high *ea?7 Mad Congre** the power to pan urhalaw? Not only were all legislative |*>wer? conferred on Coogre**, hut alao the extent to which they were to be carried wa* defined. An act of Cougre** in violation of llie Constitution wa* invalid nnd not obligatory on any Court. But the preiumptiou wa*alway*to be in favor or the validity of the law, unlesf the contrary forit were clear and unequivocal. Judge Bett* cited a number of authorities toihow thit unlea* the discrepancy between the Conititution and the act in qucition were palpable, that Court wa* hound to acquiesce in the authority of Congrela to pais it. Hi* Honor then read the various section* of thr( Constitution, and the rlnu*e* of the article* lor the government of the navy which boar on the ca*e a* conducive to the clear apprehension oftbe nature and extent ot the power* thus conferred on Congre** by the Conititution, aud the manner in which they had been exerctaed. Hi? Honor here took a somewhat lengthened view of The condition of the Courta in relation to these particulara, antecedent to the adoption of the Constitution. There ware no instance* of the recognition of offences In the land and naval force* by thn civil tribunals during the period ofthe existence of the Centlnental Congre**. Congre** exercised the right of try. ing offences on the high ?ea* immediately after the Confederation. That right wa* retained, and the rule* forthe government of the navy substantially copied from the Act of Oeo. II The Court wa* of opinion that by the English law, a* understood at that day, it vi< clear that court* martial had exclusive cognirauce of all offences against the rule* and article* for the regulation of the navy, unless Jurisdiction wa* expressly given by tatute to some other tribunal. It wa* clear that there niKt huv* been power given to Congre** to legislatet* some extant forthe punishment ol crime* in the navy hy other mean* than trial by jury. And the Itth amendment to the constitution provided that all offence* should hetMedhy |ury, < xcept in case* atiting in the land or naval force*, or in the militia?in time ot or pub lie danger. The question th n. wa* whether thi* power wa* limited to time of wai or public danger, or whether impliedly limited to case* ot simple disciplinary character, or casea tiled out of the jurisdiction ol the United Hlntnal It seemed to the Court that the term* "times of war nrpublic danger" applied only to the militia The faith, r limitation to simple military offence*, or case* tried abroad, did not arise out of 'the langii.ige ot the amendment, but w a* inferred from a *tip|io*ed conflict of the power and thn civil judicature. Whntevri the force of that argument, it .lul not establish any Inevitable limitation,but uult a possible one,depending on con struclion. But a dubious want 01 power is not enough t< nullity tu exercise. The want of authority must be pal* pabla. It bait been alao urged that the rules for the government of the navy applied to it as an aggregate body, and that th* power o\*r the individual* composing it i* E N E' NE only incidental, andean be carried no farther than is necessary to conduct the operations of the body It was proper to remark, that in the statute the pow. er was origiually stated to eatbr ce the direction of the iperations o: tn? navy and army, as if to obviate the iioiki'ile construction that the power extruded only to the torcea in their aggregate chaiacer The convention omitted this qualiiyiug clause as obviously suppifluous Tho alteration was, however, significant, in the sense just stHtod, It woul I he an artid'isl ant constrained meaning to attach to 'he tenus " regulation of ihe navy," any other idea thau that it extended to the individual- A pownrto regulate a city or h natiuu necesaai ily implied a power over the in liviiual subjects. The grand total ia embraced in the term ' lorces," but to are also the instruments?armies?divisions -brigades?companies?sentinels. So also with respect to the " naval force," which included fleets squadrons ships??boat's crews. The incongruity contended for between the power and its pxerciae was not direct and palpable ; it is no more than suppositious and inferential, and accordingly reaches no farther tha i to raise a doubt whether such a power exist* in Congress. The Court therefore decided that in reapect to the Circuit Court, and the action of the Urand Jury, the act of Congress of April iH. 1300 is valid.even if in it* true construe tion it give* exclusive jurisdiction to a Court Martial over the homicide! complained of in thia case. The compliancy of the Circuit Court under the Judiciary Act, to exarc liie jurisdiction overoilences on the high seas in United Slati s ships of war, cannot tie questioned; the whole ground of inquiry is, has that jurisdiction been given to it in express terms or necessary implication, by act of Congress? The arguments on that branch of the case had been on both sides exceedingly thorough and clear. But however agreeable it was to the Court to admirethe legal ability with which that part of the argument was conducted, it was not necessary to examiDe it tor the purposes of the present decision. The nrief period which the learned Judge could devote to the preparation of his opinion, obliged him to confine himself to little more than the mere annunciation of the general results of his examination of the matter submitted. Congress intended to legislate lor?(1) offences against the law of nations. (2) Violations of the laws of the United States, within the limits of their jurisdiction. (3) Piracies and felonies on the high seas (4) Offences committed in the army and navy and militia, when in actual service in the United States. The learned Judge then went on to show that the lawscarrving out the intention of Congress to legislate lor these offences, was to be taken in its extended, and not a limited construction -. that the fact that iu no instance, during forty years existence of the law, had a civil court exercised jurisdiction over offences in the navy of the United Slates, was strong evidence in support of his view of the law. The naval code bud been in existence as a separate system of jurisprudence, for a quarter of a century, when the act of '25 was passed. The presumption was, that if Congress had designed to interfere with the settled course of law, it would have been plainly expressed. In his opinion, therefore, neith-r of the acts, those ol 1926 and 1835, gave to the Circuit Court jurisdiction over the crime of murder committed on board a ship ol war, and triable before a courts martial. The general result, Judge Butts concluded, I shall now give ; and in doing so I only discharge a duty devolving on me to advise you. The law does not invest the Court with any riirlit to direct the Grand Jury what pio. ceedings they may take, or what they are to refrain from. It must be submitted to your judgment whether or not you will conform to the opinion in respect to the law, which the Court now Iny bt fore yon. Whatever your decision may be in this respect, gentlemen, the Court will acquivice in it, and receive It with the greatest respect. The question* yen have submitted te me are :? (1. "Have the Grand Jury any jurisdiction over, or are they to make inquiry into any offences committed on board United States ships of war, and whilst on the high seas 7" This is a very broad and general inquiry, going entirely beyond any lacts submitted to me, aa existing in the complaints before you. it is an enquiry whether this Court can take cognizance of any offences co mitted on beard ships of war on the high seas; and includes the consideration also, whether the Court can take jurisdiction over offences committed by others than those connected with the naval force. 1 have, however, prepared an answer to that inquiry. (3.) The second inquiry is?" If so, is it the province of the Grand Jury to inquire into the offences alb ged to have been committed by Captain McKenzie, or any other person on board the U- S Utig of war Santera, complaint* of which are now submitted 7" This include* al o the consideration of the case of the seamen en board that ship, whether you were to inquire Into the alleged mutiny, and apply the laws of the United State* in that case made and provided. In reply to your request lor my opinion on these queltioni, I flute : ? (I.) The Grand Jury has Jui isdirtion to indict persons not b.-longing to the navy lor offence* committed on the high seas on board ships of war, and I also think they have power to indict persons belonging to the navy lor feloaies committed on board vessels of war on the high seas, when such felonies are not within the Jurisdiction of the Courts Martial. (3.) The Grand Jury has no authority to inquire into the homicide charged to have been committed by Captaia McKenzie on board the U. S. biigof war Somert, nor into the offence ol mutinous conduct of any of the crew of that vessel. Alter the delivery of this opinion, a few friends of McKenzie applauJed, but were instantly checked by the crier. The Grand Jury then retired and shortly pftrrwards returned, and in'nrmed the Court that the complaints I against Capt. McKenzie Hnd Lieut. G in'ev.iort, had been I tti-missed on account of " want ol jurisdiction." I The Grand Jury were then discharged with the thauka of the Court. Common ? onncll. Board or Aldf.*m?n ?Monday, Match -JO?Present, AlJerm in VVoodbull. President,ill the chair; Aldermen balii, Underwood, Martin, Croliui, Smith, Oedney. Leonard, I'urdv, Hatfield. Carman, Stewart, We?t, Davie*?Aldermen Bounelland Lee absent. Alderman Datics moved a suspension of therttleain order to concur with a resolution ol the Board ot Assi*tanta to allow the Mechanics of the city the uie ol the large Hall over Centre Market to hold a meeting relative to a lien law applicable to thi? city, was adapted?the military cotrpaniea occupying laid hall having con Rented. Petition from Tarrence Fagao for payment f?r a h<?r?e injured hy the bad itate of the public itreeti. From perfon* miding in the vicinity of eng>ne company No 44 to refore the memheta to their company From John Jaooh Aitor, against paving Seventeenth itri-et, bet ween avenue* A and O From citi/.ena ol the tilth ward, for a hole company and houiu in Thomal street. A long petition wai received from Mr. Hoffman, arguing a ca?e previously paiied upon hy the Baard of Al dermen. Kefcrtrd to the couuiel of the Board. Petition! Itom J Thutl'nn and otheri, for a fne hydrant in Reed itreet. For the Intro luction of the Croton water in the City iioipital arid police office ; and titime. rouaother* for free h> dtanti ing anotts parts of the city. A number of report* were pr??ented in favor of and against application* for redtiution of assessments. I he committee on read* and canals reported in favor of working a rend through the 8 h avenue, from 50th treetto Ift.Vh atreet. Oideredto be printed. The *ame committpe reported in fivor of regulating thp northerly half of 120th ?tr*vt, adjoining Harlem market. Adopted. The ?ame committpe reported in favor of allowing John Heed f350 for injatie* received by thp overturning ol hi* wagon trom a ]>il? of dirt in the (tract. A petition was here received from Iiaac Brown, for leave of pier foot of Clarkson street. The committee on finance reported in favor of leasing the Harlem market to Mr. Harden brook, for three yearn, at $150 per year. Adopted. The Committee of Finance reported in favor ot leasing the northerly aide ot the pier foot of Duane afreet to Jamea 8. Chceaman lor $100 per annum, to be used far landing ice. Adopted. The Committee of Arta and Sciences reported in favor of presenting a itnnd of colors to the First Itegiinent of New York State Artillery. Alderman Smith asked if the expense was limited. Alderman IVnnr said that this regiment was the largest in the'eity and had been established immediately alter the election of O ivernor'I ompkins. The Special Committee, c misting of Aldermen Undor. wood, Bonnell and Jones, to whom was referred the papers relative to the defalcation and embezzlement of John Ahem, late aleik to the mayor, presented a report in which they state that they entered upon the immediate performance ot their duties in Sipteniher last; that they extended hack as fur as 14j7,when John A hern commence I as clerk, and continued down to the time that he left in ISA J j that in this investigation they find ttiat the deficiency s in lionds are commutations from June 1st, !a37. to July 2d, 134'J, while John Ahern was clerk, is $8,019 til. That the number of passengers commuted, lor which neither receipts nor accounts have been obtained, is 9,901; that the number of passengers having arrived fram foreign ports, in vessels bringing tenor more passengers, none of which have hcen accounted for, is 1,840. That many of the bonds taken for passengers are found to he erroneous, in sums varying from $300 to $10,000 each. That two hundred and sixty-four reports of masters of vessels were not sworn to, and also that great negligence has existed in the supervision of almost every department <>i mianrmncQ 01 numncii, over which jonn Ahern has pre?ld*d. Alderman Cxouci offered A resolution giving reward of fliMOfor the apprehension ol the m*rderer of Chatlv* (J. Corlin*, who wu shot in Leonard street Uit evening. The Board then adjourned to vlendxy next. Board or AtauTA.tti.?Petition* ol" aeveial individual* for retiel from tax; of neveral citir.ena for free hydrant* Reaolutton by Alderman Brown to grant the uae of the Hall over Centre market to the Mechanic* ol Mew York, torthe purpoaeof holding* meeting therein on the 2.Vh ni?t. in reference to a lien law. Adopted Rrporlt of CammitUm.?Ol the Croton Aqueduct Committee recommending a concurrence with the Bi.ard o' Aldermen, in approprla ing fit.073 '1* for the payment .1 damage* by bursting of the Croton water pipe* in Wal Iter street. Concurred in. Of Committee on whnrve*, pier* and alip* in favorot renewing the lease at the loot ol Warren street; ot a pier io Vnin Powell Si Co. Concurred in. Ol Committee on Police, Watch and Pri?on in favorot ' iri' ( a room a* a watch etation up town. Adopted. Of < oinnutteeon Finance, recommi .iding concurrence in the report and resolution of the other Hoard in favor ol refuting a Covenant to he given to M**sra. Carman and Vrculariu* ai d other* l"?*ee?of property in Fulton itraet drooklyn. Concurred In. Paper, /raw Iht Hoard of JHdemen.?Ordered that the flag* ol the city be displayed on the ISth ot April neat, in honor ol the centennial ?nniv*raury of Thorn** Jaf ler.on. m W TO W YORK. TUESDAY M( Ordered that a uorre*|iondenco bo opened with the Secretary of the Nary, relative to the construction of a ' Diwk at New York, to be operated with Oroton water Communication iroin Can seilor (Jrtham, showi g I that an or linaoce, ptsi.'I on the I3::i L> jC 1+4 J. r.-liive i toihe einrin in the Mayor"! ifloe, oo fli ritk me j.t" le^iala'ure R."erred R port of Commi to- on Kriancc, m uvo of leafing to the Society or no Iteforin moo of Juvenile D li q ieut?, a certain lot 01 groan t C incur ed in R port ot Com nittee on vViuivm Tier* nod Sinn, in favor of leaiing the sun n aide of the pier .it til - loot of Dnana street, to the New Vork a id elrie Rulioad Co. for , *500 .er annum Referred. , Ol'same Committee in t ivor of leepening the water be- , tween Jay and Unane street! Referred. , Report of Cominittei on tVharvea, Pierf, and Slip*, in | favor ol allowing Ward Brown to erect a pier ut the , foot oI Laight street, for which they are to pay fit) per ( annum. Of Street Committee ill lu I lit inn In jltrirnr In tom? one In Broad stive'., to erect outside stairs to hia , building. Non-concurred in. , Of Street Committee, in lavor of repaying White street, between Broadway und Church atreet. Adopted. , Invitation to the Clay ball this evening ut Washington , Hall Accepted. , Resolution, by Alderman Watermen, to restore the , pay of aldermen sitting upon the beuch of the Court of Sessions. Laid on the table. Alderman Scoles then called up hia new ay stem of ; Police. Alderman Brow* presented a new plan of Police, tin- { tiers oo I to come from the magistrates end clerks ol the Lower Police, including Justices Stevens, Ylalsell, and Parker, (excepting Justice Merrill,) together with Bar. ney Osbomu it is as loilows :? > , a* ordinance for t1ik. k st a b lis iim ent anb regulation op the Folick of the Ci it or New Yore. The Mayor, Aldermen and Commonalty of the City of 1 New York, in Common Council convened, do ordain as follows :? Article First, Sec. 1?The Watch Department as at present organised ' is hereby abolished, together with the offices ot Street Inspectors. Health Wardens, Dock Masters, Day Officers, Sunday Officers, Inspectors ami Assist tnts ol Hacks, Om- 1 nibusrs, Stages, Carts, Pawnbrokers, and Junk Shops. sec.3?lit lieu olthe Watcli Department,and the various offices mentioned in the foregoing section, there shall be ' established a Day and Night Patrol,consisting ol Ave hun- ' tired abte bo lied men, between the ngesof 31 and 6d, cttilens of the Onited States, and housekeepers. Sec 3?Theoity to bedivtded into Si* Police 1 coniorm as near as may be to the present Watch Districts, and the Patrol to bedivtded in proportion to the wants ol each district. Sec 4?Kach company of the patrol to he under the immediate direction of two captains and four assistants, the whole subject to the orders of the Mayor, Aldermen, and Special Justices. Sec. 6.?All prisoners whs may be arrested by the patrol or otherwise, to be taken directly to the Police office nearest the station where the arrest takes place, and in all cases in which it can be done, the witnesses required to attend, and forthwith prefer their complaints. Sr.c 6? E^ch district to he provided witli a station house far the accommodation ol the patrol, and to be known as the head quarters of such district. Sec 7?The patrol to be divided into two great compa. nies, and to do duty alternately day and niglit, and to be relieved every six hours in the day time, and every f>ur hours by night. Sec. 8.?A suitable number of tho day patrol to be ae. lected for station and squad duty; those designated lor station duty to he posted at proper and prominent Kints in the district, which shall be known as lice stations, and sign boards shall be placed in conspicuous places in the Districts, designating the Police stations. The duties of the stationary patrol shall be to afford information to strangers and others, to transmit to the Station houses or to the Police otti.ns, all requisitions for assistance; to quell riots, and for other purposes; to give immediate notice to the Police of all onences committed, and to perform all and every service that may be required ol them when applied to by citizens er strangers, who may call upon them lor assistance, advice, or information. Sec. 9 ?The Squad P.itrol to consist ot four men in each District, who*e duty it shall be to patrol their District in a body, for the more etft-ctual preservation ot the public peace ; to report b11 delinquents ; disperse all unlawful and idle assemblages ; to remove, or cause to be removed all obstructions in the public thorougblares, and prevent all disorderly and suspicious persons Ironi mi> gling in bodies, hrougnt together lor lawlul purposes, or in places of public lesort. Sec. 10-?The patrol, with the excrp'inn of the station men, to wear no distinctive dress, tint to carry a suitable einliiem or device, by which 'hev may, when necessary, make themselve. known, the o'hurs.viz: the station men. to wear an appropriate dress, or part of dress, by which they may be known. Sec II.?There shall he two police offices, as at present; the business of said offices to be couducted by tit magistrates and six clerks, and a icrivenhr shall ba assiguod to each office; oae magistrate to the on duty- at each office at all times,day and night, and the magistrate who may be on duty at night to make a retari, of all un iiuisiicu ?/ " ? ?" ? ai auiiiise lu the morning; the magistrate and clerk who perform the night duty to he relieved from duty the following day. Sec. 13.? The magistrate on duty at night to (elect a (tillable i umber ol police officer* to attend the oitloe at night, in order that no patrol man may beieqmred to hi" poaton any businesa connected with tne detection of offender", Sc., which officers (hall he taken in turn, or hv sections, and whoahall receive no extra com peniution for such services. except etch reward" at may be voluntarily offered forthe lecovi-ry ef stolen prop ity. Ike., and the feea hereinaftei ineiitiooed. Ssc. 13 ?Forty Police Otficer* to be appointed nod !o receive a fixed aalary in lieu of ail a'lowauce" now made by lawa for extra sei vicei, and lor attendance upon Courts, to attend the Criminal Courts in turn upon a requisition of the presiding Judge through the Clerk, and to nerve all criminal pror.eta issued from the two police offices. Ssc 14. - Police Olttceri to be under the special direction of the Special Justices, and not to be detailed for any service without the knowledge and cousentoi oveof the sai I Justice" ; it shall be the duty of the Police Officers to attend the Police Office daily and every day, to perform auch service* appertaining to their office as may be required of them As nets Two Jlppamtmewt Aout made Bsc. 1?The patrol shall be appointed in the manner following, vix The whole number shall be divided, as near as may be, i into as masy equal parts as there may he wards in the city, and the Al lerman and Assistant of each Ward shall nominate a numoer qu il to twice their | ro|>or ion of the whole number heretofore mentioned, arid lurnish a list of the persons so no-nutated to a Board ot \pp>int> ineut consisting ot the Mayor, Circuit Judge, R-coider, and Special Justices, who "hall select one bad of the number irons each list so furnished as the patrol, who sisall receive a certificate ot tl-eir appointinen s Irom the Mayor; from the rejected portion of th- lists so furnishal, the Aldrrimn and Assistant of each Ward shall select six persons, and the whole numherof persons sn selected shall form a chance list for pur|>oses hereinafter men tion> d. Sac. 3.?The police officers to be appointed as at present from the Constable" and Marshals. Asticlk Thisp. i rrm of kjjjiceSec. 1.?The Patrol and Ponce officer* to hold their office* during good behavior, and removable only tor malpractice, he,, in office, neglect of duty, or immoral ami licantioua conduct, in the manner hereinafter provided. Sfc. 3 The Captain* and Assistant Captain* of the Patrol to he appointed in the firat inatanre by the Common Council ; and thereaiter by the Mayor on the recommendation of the Special from the body of the Patrol, and in cai.e of a failure of a majority of tke Special Justice" to recommend, then to b aelectrd from the body of the Patrol hy the Mat or ; the said Capt tins and Aaaiatanta to beCitixen* of the United State* and Householder*, and to be removed in the manner and for the aame cause* provided for the removal of the Patrol. Article Focsth. The Patrol to he assigned to their reapective Diitricta by the Joint Committee on Police, A -.., an t they shall be as signed to the District! neareft their residence a* far m it m?v be practicable to do ao, and when assigned to their atationa, their po?t? and station*, shall be fixed by the Cap- I tarns of the n speclivc Districts; the said Captain* "hall instruct their men in their dutiea and see that the aame be i faithfully executed ; and v i? it, when on duty, each of the fixed station* in their district at Icait once in each tour of i duty. Sic 8?All vacancl-a to be filled hy the Mayor; the l patrol from the li-t In rotation, and the po lice officer* from auch of the captains of the patrol as may he recommend -d by a majority of the special justice! ; hut if no auch recommendation he made, then the Mayor to select from the captain* and aaaiatant of the , patrol, and aa often aa vacancies occur in the chancn ] lilt, they shall ha oiled by the Alderman and Assistant of j the ward, from which the appointment* waa originally ( made In case of the death, resignation nrnmaiim, nr dismissal or any of the captain*, the vacancies to he (tiled by one of the aiaiatant* or the aama dittrict by the Mayor. Article Fifth. Removal*. Src. 1.?Pollen ofltcera hall only he remored hy the Mayor. Recorder and Dutrict Attorney, for malieoscnce. corrupt, immoral, and lirentiom conduct,neglect ol duly, or any malpractice in office. Src. a?The patrol men to be removed by the joint com miMee upon police, ii|>on complaint being made to th> chairman thereof by the ipecial justices, or any of them ; 'he laid committee xhall bear the complaint, and proo'e in relation thereto, the party comnla.ned of to ba auapeoded from duty until a decision ahull be had; but no .deduc ion ?hall be made from hit "alary if the charge* "be not >uatained. Sic :i TTpon complaint being made to the said chairman of ?atd commltiee, two week* ihall he allow. ,| to hear and determine the matter; at the expiration ol which time, should no decision be had, the party complained ol hall l>e restored to hi? post. Artici * Si* th. S*c I.?The chnn.;t tint to be kept in the jolice offices, and the chancemen to be detailed by the sitting magistrate in writing, upon the requisition of the captains ot the different companies. Sr.c 2.?nooks shall be kept at the police offic. a, ar.d ilso by the captains at the companies or sections, in which shall ba kept the names ol the chanc, men, and the number of days duty performed by them, and the names of the parties in whose place or for whom they act Sec. A?Sickness or disability only to ba an cecum for abseneefrom duty. RK E )RNING, MARCH 31, 18* See. 4.?In all other race) 11 patrol imn may, with the conaeut of th" captain of hi? company .aukititute achaoceman who ahull ho paid l>y the pa'rol man employing him, and a failure to pay the party employe!, ahull ho con. ti lured a su tflcieut cauie of com ilaint for neglect of duty. \k rici.>. 4 *> e i ii Ihi'y "/ H i t hi Sac. I.?P.?".C.ti?..| fc'ie.'i la t o , ?ho hoar 01' folio: S*c i. ? T 1 r. ;> >: 1,! not;,>. p. .ri, \ >r all noU'inni of tho Co T1 I'm nrrtin 10 > "1 preeorve 'In pit' lin potOf, 111 I -Hi., t all" .lora lor olf no 00111 mit'.ed in ih-ir pr .oaco, an I r*nd?r aver) aa.iatanco and laoility to the miniature and oilioera 01 J-iati o. To uiako Lhumaelvet aciju nutu I with 'he cliar >0 er a?d human * of captain all suspicious persons, all haw ly houi^i, receiving ihopi, pawnbroker ahopi, junk ahopi, second hand I dealers, gam ng houses, and all places where Idlera, tiplers, gamblers, and other diaorderly and >uapicions pento.ia may congregate, to cautiou strangers and others against going into such places and against pickpockets, watch stutters, droppers, mock auctions, burners, &.C., to direct strangers and others the nearest and aa est way to their places of destination by directing them to the station posts ; and, when necessary, to cause them to be accompanied to their destination by one of the Squad patrol ; but in no case shall a patrolman pats the houn lary of his prat, except in pursuit of persona charged with offences. To see that the lamps are properly and sufficiently lighted, ami repsrt the name of every lamplighter who may uegb ct his duty to the au perintendont ; hall of the patrol off'duty to attend all fires, to preserve the peace and protect propeityj the du ies now required ami performed hy theoffi-era, mentioned in Article 1st, Section 1st, to be perlormed by the patrol under the ap cial direction and instructions of their J captains. " Sko. 3 ?The captains of Companies to beep a book, in ! which shall Ire entered in alphabetical order, the names ! and residenc-s, together with the occupations ol all I well known offenders, which book shall at all I times be open to the inspection of the Special Justices, their clerks and police offlcera. In case of riot or any other sudden emergency requiring the services of the pa trol, a signal may he given by the different alarm bells, when the whole body off duty will repair to their head quarters, and receive further instructions from their captains. Ssc 4. ?All information respecting offences committed, or ol suspicious per-ons or places, to be oommumcated to the police proper, ami made a matter of public record in the police offices, that the services ol the whole department may be secur. d in the detection of offenders, and the recovery of property, and for the more effeC ual pre. vention of crime. Sec 6 ?In case of the ahsi-nce of any of tha captains of the ilifT-rent companies, the duties requited ol thuni shall he perlome I hy the oldest assistant, who, while acting in . ............ ,V, ,11 ..-..I... , I... ?n I right! oi iuch captains; and in c id of the absence of one or both of the assistant captains, their duties shall in like manner be performed by a person or persons selected from the patrol by the captains of the respective districts, and when vacancies occur in the posts of the patrol in consequence of such service, their places to be tilled by chancemen who shall he paid for the services upon the certificate of the acting c iptain certifhd by the magistrate by whom he may be detailed, such certifi. cates to be presented to the comptroller semi-monthly. Ahtici.k Eighth. The scrivener In each office Mull Keep a proper book or books in which shall be entered at length each and every article ot stolen or other property which shall he brought to said offices, or which shall he taken from prisoners, and what disposition may ba made thereof; also a receipt book for property delivers I from said office; also a hook to oou'.ain a nta'.-m -nt of known burglaries, larcenies, stolen property, Ice ; the entries in the last mentioned book to be made by the police officers; the said scrivners shall also perform all and every reasonable duty required of them by the special Justices. They shall be appointed by the Common Council, and removable at pleasure. AaTICLE Nihth. Chanctrnen. 8rc I.?A Chancemnn, acting in place of a Patrol voluntarily absenting himself, without providing a substitute, shall be entitled to receive $1 36-100 lor each and every twelve hours duty which he may per'orin, which shall be paid to him from the salary of the party for whom he shall ba substituted. Sec. 3 ? lu case of excusable absence of the Patrol the Char "<man to be paid by the Common Council, provided, however, that such absence shall not continue for more than seven successive days, after which time they must be paid from the salary of the Patrol man for whom they may be substituted. 5*c 3?The salaries of the Patrol to be paid semi-month ly to the Captains, who, together with the A'Sis'auts, to give bonds in the sum ot three thorn and dollars each 8s.c 4?The Captains of the Patrol to pay their men in the manner prescribed lorthe pay men' of the Watch in section '3. ti le 3, chapter IS, of Corporation ordinances. Sec. 5 ?No Chanceinan shall he posted for any tour of duty for arty timo less than 13 hours,and in order to nicertain the absentees on the patrol the roll shall be called once in twelve hours, morning and evening. Amr iri.K Tsts. Duties of lis Polics Ofictrt The duties of the Police officers being defined by law no alteration is deemed necessary. Article Elevki*. Sec. 1?Compensation of the officers named in this ordinance Special Justices % par annum. Clerks $ " Scriveners $ " Patrolmen $4<X) " Ctp'ains ffioO " Asst-tan's $400 *' Police off! -era $05d " Ss.c 9 ? Police office's to be allowed thn samr fees as are are now allowed by law, and when sent out of the ennty on puhiie husni- ss to be allowed their actual expenses to he pud by the supervisors. Sac 3?All fees paid by prisoners arrested by the Patrol shall accrue to the Corpora'ion ; and the clurks of Police are hereby authorized to receive Irom such prisoners the ?ame lees as are now provided lor by law for persons arnsted by constables and marshals Src 4.?The Board ol Appointment shall annually re port to the Common Council the state of the Pol'Ce, its pr-cical op< ration, together with such information in their possession as may promote the welfare and efficiency ofthv department, and snail also recommen I what, ii any changeshoull be made in its organization or otherwise ; thev shall al>o recommend such alterations in the com I rnsatien of any or epher branch ol the department, as shall tend to graduate such compensation according to the increase or diminution of crime; they shall also recommend the distribution of small rew mis to officers who may hare distinguished themselves by extraordinary services. Six.5.?All ordinances, parts of ordinances, resolutions, now in force, and inconsistent with this ordinance, shall he ami the same are hereby repealed Nova.?The thne lor the foregoing ordinance to takr effect is not provided for Bv the propose I plan it will appear that asavingtothe city of at 1 ast y-jy two per year can be made wi'hout taking into consideration the bene final and economical effects of the prevention ol ciinie which it is confl lently expected will hu brought about by the proposed change. Alderman Baowv thought this plan altogether the best yet presented to the board, and hoped it would he refen eg to the special committee. Ordered to he laid on the table and printed. Alderman W Dodge moved that when thia Board adjourns it ailj mm to meet on Wednesday nest, and that this he ma te the special subiect of the meeting. He was for prompt action on the subject, in order to take advantage of the present session of the Legislature belore it adjourns. Lost. The Report ot the Special Committee (AlilermanScoles') was then taken tip Tor discussion. It was read. Alderman W?Tr?ais uas in f.ivorol asking from Legislature the general power lor the corporation to make lortheci'yol Ne * Vork such a Police system at they might deem proper. a Merman Scolcs thought that such an application would he unsucc-tslul, and result like thedog's pursuit of his shadow This was on the ground of the jealousy and management ot the country members of the Legists tore, w ho will he lik I) to oppos my application ol this kind tor 'he sake of coercing the New York D legation into their own meaaur> s It was Anally agreed to apply for the full power, and if lliey could get It, very well?If not, then apply far half a loaf, or |>0'ver to pass the plan proposed by the Special Committee. The following plan, section by section, whs then passed It it as follows :? AN ACT roa Tilt reoro wixatiov or the roLicc difirtmist or the citt or siw tosr. The People of the Sia't of New York, riornented in Senate and Jhstmhly, do enact as follow*: Sec. 1. The Common Council shall designate and appoint one of the special justices for preserving the peace n the City of New York, the principal police magistrate. In addition to the other duties incumbent on said magis:rate as such special justice, he shall receive and take :ogtiir.ance ot all complaint* made against any of the police officers hereafter to he appointed, and shall forthwith lay the same before the Mayor of the C ty. It shall hsreupon he the duty of the Mever, and the aald principal police magistrate, to proceed to the investigation of hn said complaint, and to hear the partiea in relation hereto If, upon auch investigation, the Mayor and the iaid principal police magistrate shall be satisfied that the laid complaint is altogether frivolous aud unfounded, it ihall he dismissed. If,on the contrary, they shall deem he said complaint to he substantial and Well founded, lit'} 'Hill If Ml ? uir amir III ? i mug, wim in ir opinion hereon, to the Common Connrtl, at the next joint meetiff, and shall be emp iweti d In th> ir dlacreiiOii to auapend h>' polife ofllccr oomplitltifd against, until the famnion 'onncil have acted upon the matter by *ha passage nf a -eaolution to retain or remove the aaid police offi er During the auspenalon of ?uch police olttcei, hi? pay shall can and hn pay for the period of atich suspension (hall lot he >illo?. nl to him, except by a retolution ofthe Collinon Council. Mco J. There ihall he appointed hy a he ugned hv the Mayor, the principal police mag titrate, and i majority of tho other special Juaticea, police officer*. ' * ho shall perform all the dntieg now Impoted hy any aw or ordinance up< n constables or mar*l>?l?, except the iervic.e of civil proceaa. It ahall be their duty to attend tally at the poli ,te otHce. nnd obey the orders of the ma. |i?trate(; and all criminal nroceaa ahall be aerved exclu lively ny the aaid police officers. It ahall alao tie the duty if aaid police otticera to act aa Sunday otllcara In inch *ard a? may b? designated hy the principal police magiarate, under the direction of the Alderman or Aaaiatant Al. ieraaan ofthe ward in which they may be appointed to ict by the principal police magiitrate They ahall re [ERA! 13 ___ 0.1V0 for their terviccs inch turn ? the Common Council ahall Juaiguate p,.r annum, in quarter yearly pa) meiita to he paid by the Treamuer, upon the warrant of the Comptroller, ami no faes or reward.'except af hereinafter provided, rhe pel/ ofli *ei*fi'e h- almoin ed under fh?a '"CI li til pet' 'ii .1 , a , j.,,!. i .11 >. in Cole jioii (oho ilo: ! . ? V h U. " ' littlil ' -III < Ol. J - All . i .v;n.!? jr ! -n i. >r t|?e 'li?cov?ry Of ali'l-i q. i-ed I the Ma>or, principal 4?, ?. .?! .lusticen, lilt t' pj.d III them te o . 0-1. .. .ri Til C m hi C u tbail in iheir ?li?c . i n .tppinpr an. li a they may ilueni proper, ?a ar.-arl to ancti Poliae otiiceraaa the Mayor, the pnn. ipal Police m axial rate, and a m.jirity ol the other ip-eial Ju>tices may unite in recommending aa d.-Servian of the i.,m *, tor su perior fl lelity and eatraorilinary e ertioa , and if, at the uud ol the flical year, it ahall appear that there hua been an important decreaaeof crime aa comtiarid with the preceding year, the Common Council ahall he empowered to appropriate mch an amount ol money aa thi ) may deem pr per, to ba equally divided among the aatd Police uiticeri, in adJitiun to their regular pay, as above pro Vliea. Skc. 4 ? Each of tha Assistant Aldermen of the city of, New Vol k is, by virtue of hu otti e, justice of :be peace and may in his discretion exercise ail the powers now conferred,or hereafter to lieronterred on any ol lhe aperial Justice*,for preserving the peace in ihecity ul New York, in the aume manner ami to the aame extent a* 'he aame may now,or at any time hereafiar be rxeiciaed by any of the aldermen oftue rail City. And they may administer oaths or atti rmi'ions to de|K>aitioiis, "t other inati unienta to be n ad in any ol the conrta ul tliia ata'e; and periot m all ather acta that may be petf i med by CoIuihin aiotiera of Deeda. Mac. 0 ?All la wa or ordinance!, or parta of lnwa or ordinance! inconsistent herewith,are hereby repealed. Ah aoou aa this document wat pass d, or rather approved, a paper was introduced from the Board of Aldermen, to authorise the Mayor to offer a reward of I'idO lor the apiirthrnsion of the peraon who thii evening that Chariot G. Corliet, at the Carlton Home. Concurred in. Some little lurther business was done, and the Board adjourned to aext Monday, the U7th. Ueneral Measloim. Before Recorder Talltaadm, Judge Lynch, and Aldermen smith and Oadniy. Jnoa k Whitino, Esq , District Attorney. Much JO.?At the opening ol the court, on motion of J. c Hart l-q , John Loan was udmilleJ to practice na counaellor ami attorney of this court. A Vidnioht Amur ? John Oilmartin, a genteely dreaaed young man. a tailor by trade, wea tried oh a charge of aasault arid battery with intent to kill a newsboy named Thom.ii O'Connor, of 1*23 Anthony atreet, on Saturday night, the 4th of February, by stabbing him with a knife. O'Connor testified that whila in company with three of his associates, Oilmartin and a mun nanu d Michael McOonegal,called them acros* Anthony atreet, when one ofthe boys, named Lynch, was assaulted by McOonesral who in return knocked him down. That Oilmartin then called "watch," and on witness eudeavor ing to escape Iromthe watchman, he purauee him, and stabbed him with a knife in the riKtit hip. The pantalooi.a of O'Connor were presented in court, the lining of which was covered with b.uod. F. I waul Lynch, one of the hoys who wai present at the affray, stated that tin y were called across the street as before mentioned, and supposing that McGoncgal was going to 'rike him, he knocked him down, and while O'Connor wss running, he saw Oilmartiu strike O'Connor with his hand. The defence called Michael McGonegal, who was present with Qilmaitin. He testified that the hoys came across the street of tbeirown accord, and one of them called him a " damned son of a hitch," and a driver of a dirt cart, and then knot ked him down and attacked (Jilmartin Daniel Nlestel, tailor, testified to the good character of Oilmartin, and alao that he never saw him carry any kind of knife, axcept a small scissors knife that had been left in the store on the night of the aff ray James Car. sou, a newsboy, testified that in conveisation with the boys, lie had been told that " Little Dick.' alia* Lynch, was the first to assault McOooegal. and that the general character of O'Connor and Lynch was not very good ? The jury, after a short absence, returned a verdict of not gniliy. I'sssirso CousTitsKtiT Mont -Old Jon Dilks was tried lor an indictment for lorgery in the second degree in having in his possession a large quantity ot counter feit two dollar bills of the Otsego County Banks, with intent to pass them Abraham Carman, shoemaker, of Ninth t reet, was called b> the prus?unon Hetestified that Dilks came to him and oil' red to s II counterfeit notes ol the above desc ipxioli at the rate ol fl-i per Slut), and showed him oneol the notes, which was pi educed in Court, and t-snfiel to by th? witness; that tie met D Iks at the North American iio rl to receive $270 of the I money, but they were arrested before the batgein was completed. In the cross-examination by Counsellor Ttrhune, he was asked if he had been in the State Prison at Trenton, hut the District Attorney objected to the question Officer Hilliker'tated that Canaan informed him that Dilks hal offered to sell him the counterfeit money, and by an arrangement with Carman, he succeeded, in company with officer Parker and Cart. Blouck, in arresting the accused, and a nun named Dean, who wss in company with a boy on whom they found $?J70 in counterfeit $ 1 notes ot the Otsego Bank. The di fence called Hunuiel Pearson, of Newatk, who sai l that all he knew about Cnrnu'i was that he was tried and convicted for passing ? District Attorn, r?S'op, stop, nr. that won't do Witness? lh- character rf German wis g?n.ra ly had, hii I I would not like to believe him under osln ? Dilks tended bur f> r witness and h? h-li-v-d h- was h-n. st or lie ? ou'dn'i have trusted him In his cross-. * "mmsiion the Dl-tri-t Att-rn s qu. stioned him vers close ast.'hi arqus nlsn-e with Dnk> and the neir .b.n hood of the "Pierson Ir.m W.nki," in New J-rsey. Witness j stated that he fold out his tav-ru in New J. rsey alter keep- | ing it one year.and tailed alterw ards hut hud ..ol taken the I bankrupt lit v. As the witness was leaving the si??d ho said to the District Attorney "if you have any doubt about ray character, l can refer you to Governor Penning on." Di-trict Atiorni.t?We shall be better acquainted ut some Inline time, p-rhap*. Abrshsm Carman whs again called to the witness stand by ' he deleoce. Tcnhcxk ?How long 'id > ou reside in Newark I ? iTMt-?/Iouf oi y our nuvim is. ) TehHCtsv.? Tne witnesa ha-. stated thai he never lived in Newar k, and we wi-h to impeach him by h'* o * n testimony. When. Hid y?u r?.?irie when at Newark! Wimn.? I do nut know that that is any ot yuur business (L '.ughier ) Trancntc ?How much did yon gel to give the information shoot D 1 I WiTsr.??None of your business. (Laughter.) The wit nrss here stater, thathegsve the in lot motion to the officera hetore he made the mrang- ment tor the tn rat of Dila*. and officer R-lyea testified thst C irman Came o him voluntarily, and informed him ol the fart ot Dilka having counterfeit tnnmy far sale, without any reward or faror heing held ou' ta him On attmming up the fir th? prosecution, th" D<*fri l Attorney commented with jjroat severity U|a>n the teatimony of the witness Pearson, who had been called to hol-ter up ihe oharsrter ot DiIk-. and h> ai down that ol Carman It- lik-ned h m to one of the Ddk? gang ot rountei leiter-> and d we t w i> h attrh force, th it P arson attempted to interiupt htm several times during Ins remarUs Oi concluding, Pearson rase, with considerable escitr rnent, and sail?"It you want my character, Governor Perintng'on ot New Jersey. can give it to you better 'han s ou can " Diitsict ATToatsi t?Ton have given it to us yourself, ai much as we want ol it. The Court charged that the circumatancea, aa presented in the evidence, were strongly against the accused, and the jury, after hd absence ot nearly an hi nr. returned a verdict ol guidy and the Court remanded him for sen tence. Casr or Joh* Aurai*?The case of this peraoe, who. as Mayor's clerk, stands charged with emtx isling the funds of the Corp oration, was art down this day for ttial. Jamks T. Bradv, E-q , hta counsel, appeared its court and presented an affidavit to postpone the irial, on the ground ol the absence of Wm H hobinaon, lormcrly Cle'k ol Commissioners, who is alleged to be a material witness 'or the accused. The affidavit avers that Robinson is now absent in Ouaynma, S -nth America, and that hi- knowi..a?? ?i... i.,? ., .a.. accused, w as of such a character, that ho could not proceed tAtiial in satelv during hi* absence. The DiiTiii r Atiosvsv, with Dsvio Ommx, E q, for prosecution, ag> rd to Kiitf all tha point* of testimony alleged by den-nce to he oft r* 1 lij Mr. Robinson, lor the ptir|>ose of bringing on the trial Mr Rraut Kill contended thut the alft lavit a* presented wit aufllc lent in ? legal sense, to roinpel the c?>urt to |>oitpone the trial until the attendance of the w|tne?* could l>e procured, or hi* teatimony taken by cornmi*aion. Alter oenndrrable conversational arytim< nt the Recorder stated the' the court were ready to Rive in opinion at once, hut en intimation having been thrown out that counael might agree to tome atipulation* between them selves during the afternoon, they would ptetent it to-tnoirow. Upon consultation, the counsel not being able to agree, and Mr. Brady renewing hia application, the court proceeded to deliver their opinion The RrcopDKa ataterl that the indictment having been found In November la?t, It war plainly evident that farmer nxiated on the part of the defence, and without going into the particulate of the caae, they ahonld decide that the cause mast proceed to trialMr. Basnv then offered a stipulation, in which it is agreed that no testimony shall be offered against the ac cuaed eXCep' such aa relates to the built "Isabella" and ' J. hn George," and the defence was also to be confined to the same points. Time u a? then g van till Wednesday ta prepare the stipulation in tb? form agreed upon and the ca*e will th- refore be commenced ou that day. Fo*rriT? i> Rr.cooviit*">cr.s?The following named per-Otis not appearing thair recognizances w ere declared forfeited, and ordert <1 to he prosecuted forthwith t? James A.Lusee, of TlWillett at, hai-dresser, charged vlth bigamy, bailed by John T. Wyant John Cumm ?kr, indicted for petit larceny in stealing ooney Irom William R Bird, of til t Front street hailed iy Joha A Mvgnns, and F,beneie- M. Peck. E?q. Andrew Ribherg, lor blacking the eye of Oodlrey Palmer?baited by Wm Rahmnr. TheCourt then adjourned to this morning at II o'clock. Circuit I ourt. Before Judge Kent. Maacll 20.? Jonah Hnttf ri Pinrltnry ? The verdict of thejnry in thia rase was lor plaintiff. f#o damage -. Jonah Houif vs. Siwion Jit'adsr ?This if athird artion , growing out of the same transaction ? the same plaintiff? which we have already twice reported. This is sn action ler false imprisonment in the case LD. MM TWe C??U. Trial of Commander ItleKenzle, Feair-rmT Dat ?March #). The court met pursuant ta adjournment, at 10 o'clock and the pielimlnary proceeding* haviim wn de.pBtched' (Jre. It >hM liKrt.xt H'ir. a .? rer?t|. ,1 I , ?h. J it 4m* V! . <?? 'f1*. ailll II' lrj-1 | ll; '' . ill 1 |i - y . - ?n, Iwmaft heiW.ihifdthr Iwbi.'H.t i.t H.1.JUI Hi. i i oruv. ?I1 nu tliuUi)1 "i *?* uti<i(y Iroru tin nam he.r d.miu *?, Bn. r .:ir. .ill to tin,. , tin ?tri < ip |le foil* coi tc^iPat- 'th? t-'itK>liiaj oi "?li It a to the art. linn Mlbi' letter, mii.i i~ p. N. -..lit I nk niii.l nit11 the u riling I- in men -? r<- ' ' en to tn van*, wni H al?i> null d tnet nhmi the Ci mO^nJrr ?a<li?i. ed the crow, ho tol.l ib?ui that the ynuug Mian bad dioil with a lie in his muu'h. On the day that flpencer was arrested, V *? engaged in pricking uidia ink into Mr. Delarde's arm, aa also Mr. H|?>ncer'a. Q ? Were you put in the bag, and if so, by whom 7 A?I was, by Sarg't Oarty etid one of tho petty ntticera. It n-aa tied over my head. Q by the Accuace? Did you ever prick the portrait of u Inmate pirate into tho arm of Diniel McKinley 7 A?No, air; I pricked a lamale pirate, hut it had the American flag to her. Qhy Juuok Auto< * i v?What other men on board have you periormi'd a nmilur operation on 7 A - I pricked o sort of freeraai-on ooat of arms on the arm of Walea ; on eagle on to Sergt. Oarty , a ship on to Warren, and other 'inn** uii mr* mi 1111 u< h |uuu many uiuriaBv tht* < oruT ?I thought it wai a letter which tbe Commander w it writing lar Mr Spencer, hecauae it waa like o letter. Ho a>ked Mr Spencer il Id- wanted to wtite; at fl at h>- ?md no but th aecond time ha aai' h i WHiitail to wntetnhi. mother. I heard the word " mother.''hut di I not take par icular notii'eul what elaa ha had add to the Commander. D> Lircoca waa Mien re called, but hii examination did not elicit any thing new or important. John Kitiohh, an apprentice, waa next examinad.but nothing of tue leaat intereat elicited. John KiMiiHor, oncol the youugeat apprentice#, waa next examined, und teatitieil that hu heard of no plot to take the veatel, and aaw no ill behavior in any of them, or talk ol a reacne of the pnaonera. VVu. T. Vai* Brunt examined?Never heard any body say there waa a plan to reacue the priaonera on board the Sotnera. The Court then adjourned. Court of Oyer and Terminer. Before Judge Kent, and Aldermen Woodhull and Carman. Mai-ch an.?The following are the Orand Jury forth!* term Jr? H. Cock, foreman. And Brady. Joa B>ahop. Pat Breman, Af,net B era. P. ter D'iffy , I hoa 1 hert.John l.-Oarty, AmoaLeida. Townaend Harria Jaa. Hilton, R. O Li-zarua, -am. C. Molt, W*n. P. Moat, H. Rugglea, Levi D. T J- M hite. Judge Kent made a hriefcharge upon the uiual topica, and the court adjourned. County Court. March JO.? Can of Charltt H Jackton?Reaolved, that this Court it sati fl'd from 'ha evidence before ui, that thecharge preferred by the New York County Medl ChI Society against Charlas H Jarxxon, el jron mlicoD* duct in producing shortinn on the bodyot ati?an Hkxata, is traa; and thii Court Moth hereby, according to law. order that tin- said Charli-a H. Jackson he. and ii hereby expelled from said County Medical Society, and declare him forever after incapable cf practising physical surgery within this State. The County Court passed the above resolution, and ad. journed. Key West. [Correspondence ol the Herald.) Key West, March 6, 1848. The Streak of Light, or the Comet. Tear Sir? On the evening of the 8d instant, a luminous ray ol light appeared in the western horizon, which has puzzled the brains of the acientific ones, nnd furnished a new ihetne to a tew Millerites. It has been visible every night since, and was mere distinct and brilliant to-night than usual. Commencing at the point of the horizon at which the sun disappears, it extends in a s?uih-eai-twardly direction to an altitude of about 'orty degrees, forming with the horizon an angle of fifty-five or thereabouts. It has appeared in precisely the same part of the heavens ev> rv evening, at about sevt n o'clock, and disappears entirely about halt after eight Its light is not q ife as bright as that of the moon, but is more like the moon's light seen th-ough a faint fleecy cloud. What is it 1 Professor Olmstead, Vale College, Hew Haven. Honored cmr i? "Can there any good come out of Nazareth 1" Ye mighty men of rcience mu?t stoop to the council and reasonings of a poor obscure individual?for I shall publish to the world lacs which are littl* known lri your theories The age of science is n wsutfi iently enlightened to open a new door to a vast fi--id, and have its wonders understood and compn hended, alter mature comparison and deliberation. Now lor facts little kn wn and less understood ? Descend with me into your wr|l to the depth of two nlrtios. Id res, or 67 lef t, and y"U may s> e stars wi'h th- it k? d eye a' noon d ty.wiih a clear atmosphere, any day you cho< se Now take with y- u a telescope, and its powers are aelon shingly unproved in C enrii' eS ol vision and tninuieiiess of the objects examined, ^nd why is all fhi-1 Mecauae the sua, and all oth-rlight-are excluded from ihe eye, except the oh/out through the aperture to which you look. Now then, to bring this theory into practical use, let in- con-truct an artificial w ell of thin veneering or board-, covered well wnh sheathing or pitched paper, 8 or 10 feet diameter, and 70 to 90 feet long, iilun^H nn .4 Ir.itno o nri levuforl as u Lrtrw H>ls*unnno ..... v. w.. ....... ...... . ^ v.v^w^, w i li Hii opening in the bottom, to be closed niter tulinitiintr your observer mid the tele-cope. Wnh ihi-> Daily Scope we niny soon determine what the head and tail ol our Cornet is like Galileo, Junto*. March SI, 184*. THK M-;w MltlKOK, 17 V * * VtiftHer Kmbellianed wip. ? O-tpihcl *n': an a .| i \*> Oeii.ii ** 8 ?* I Kt ?ted bt Ch-mg P vjn ria I In .r f^f-tj h\ I l#. Ch i| man * ho is eng age esc'nt y*lf fr *h* vrn'H Term*- ti J re- UII til ?8|ltgle Tiuuiher* ?** cenfs fti ?h- ?nr*r o? a fr? ?eeini the o<i<le'tig u?-?t will n*-nce, o>i hi* ow tcco it. the puhl ration of a new series I rhe vev* York Mirror, in ch~ or tarn f*rra, <>u an eo'irely ooyel nd or uiii il plan, wirh 1 -feel eng-.iring iu e?rr Oitfier, and ?r he- red c?l jiri- e of rhne d Mara rar annum, jf fit sail a Jll r ?;r en .9 |?rr ccpV . I'he New Mirror wil? appear with many striking -i d altrae'IT* feamr-A, (Ji'ttutfiiiahru* it from every o her periodica) |r will he published with new type, u t fine paper, and each ouro' er wi I rout41u d heanti'nl original e'jgnvinf on steel,designed i d ? chrd by 'hjpmsn, illiint trin* fne letter-press which it ccoiniMiiiea, and which if w'll iiiTest with pecult ri tit-rest. Besides the % ntHbut^m* o* I oni eiceiwiee corps of uorrespondrnt-?which embrace* m^st of the talent of this count 'V? we haee mide a. rangem?i.H for freth aod early Titoslttimis from some of the beat writers of France, and for proof sheets from several of rhe p > polar author* of Ku*Uod Wi'h tneh materials, and with such able fellow-labourers In the literary v ne>ard, we hope to | resent to the American raider a weekly nrrnl "f great r ilne ano ranntnd eveellence. The parade of I mere ame?, will be seduloiiafv a* oided Tbe Mirror will bu *em-?rksble, we hone, ratner foi pood article* without names, than for poor article! with distinguished oam'i It will embrace in its scope every department of elegant literature, eoinpn-ing tale* ot romance, sketch's of soriefv and manners. aenr?i rfienl. and ?? cry-da v 11: e, piamut ess-ys. d mesne *ud ti reign nrreipond'tic , literary lotelIigcoce. w|f and humor, fashion and gos*tp, poetry. ih? fine <rrs, slid hfuiav,musical aud drama tic critrcism lis re vie a* of new en?k? w?ll b careful, du rimi atiug, ard i?r.. ;rfial If will aim to foster a'iteraturu Stilted to the tn*fe ttid d sift The ige tud r?>f|tilry. If tendency W-'I be cheerful and en fVeuitu well as im roetug It _ i. _ .l . ... . . . . w... . . . m .. . Huit I ? d it vrill ever1 -el I ? duty to hp. to untlie Jliny "lllr oft' ill.-* "> "III II ?> e? " I he work will be pahlished frMv fUrer'a-. in iioinft-r* o! > ilreu l iiii* ociee > sui er-royal page*, snh double r< Inmu* 11 d enclosed id a uea' oro-mental cover |i wilt form. ?i the t*iiiJ id t.h? year. two aap rb volumea, each of fina I hendred and aitfeen pngra, filled with the irnu of llteratnre aod the flue aits. Ih<- rsry low pnc- ar which it will be leaned, reoderaitthe cheapest periodical iu this of an* other country, considering 'he rnat and beeury of ira FihvTwa Engravings. aod 'ho la Innate Tatar of its literary coolant*. Tho-e dreimas of receiving In-p pei fr-m the eomnienrrinent. will hare it punctually aept 'o th> ir address upon then loiwardiug to the auderaiguea, if No. i Ann iircel, three dollars,riee of etiwuae Letter*, end" ma the aineunt ?l aubaenptiou. nay bo (naked bv alt |HNtm<li r*. Ag-nt*. ear.iora, and aaaaanaa, onU bo apptisd on tr>o ucnal terrwo. K^The Cash System will bo rigidly adbored to, withoat any deriatina whateeer.^^2 Bach Editor* as cope tho above, will oblige mo by forwarding * markod napor and by reaaminc tho enenange, which waa interrupted, mach to my etrenmeraar-a over which I had no control. OKOKOK T. MOllRlS, Editor and Proprietor, ml twie*r No. 4 A"d street, near broad way. AT WHOLESALE PRICE*! INDIA RUBBER SHOES S3 Maiden a* offat I wholesale prices genllra en's 0*ei Short, with Tea'hor ailra,hath sheer aad el~ih mbh| ar- now - lling at t(>- on ara riled 'Ow prie- o' t ,S0 La io- o-er ihin of #?* i ear'-ty lod boid af t'|D illy low pri< es Thru good* ar- the iB'ira inrardr and el>gam article* to be found, a d 'n -ll ra.r* *?r* raii'rd. Thoar *no hove nor ,?eo our a "d* a-- pirfien'-rr uriled to call and eiamror before parrhaaing. Uo* t forget the ' nmber, S3 Y1*ide* Lai e _ ... . .?vrnw m? Imi.?cc H I'TC " IN ?IV k RUNTON I oJR A I Tmsi?Just received m m "dkra at only ? ,.i.;,h. at oai' 7,6.1. io? '"?r,o.'ma'r"?u ii beat *.i t'Dels at ou I ^ ^ , ^ r,mhrlc rroaline at'd per vud; or fin. boih "' j. %, j(h alep'cca Issues, cheap; lot 1J hmi ?V lot oirnb fin- orange ernes at only 6 rtat ,wr.P*l"S'rrriiw'ich iw-t ??<"* ^l,,w Bmng street, min imn*m . Ifr a Ii'llt !* and JKWb LLEKY lower than ever ? a a Y\ ' reran1 am ar. ui atai.tly rec-ivogalt descriptions of lid a-id ail*er wa'-hrv, of the r?ewo<l styles, direct from the o.via'actnrr-?, in Kai'tod. V srre, and Swiigerlaad, he ts uab rj to offer a larger entrm nit, and ar mach lo-i prieas. at rmJ rh.i any. th-r h n?? in th-ci'V O'dd watches as low , gij r rch Waetea and jewellery clchnns.d or bwaght. Ill waicl.ea warranted to k-ep good time, or (hs money roitrurd Watches, clock, aid Jewellery re paired in the seat i/tunrr, and warranted lower than at any oiher place in ihe ity O, C. Alleo-iinporter of watcriei and ioorolfoty, whole ale aod retail, M Wall street, up ataira.

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