Newspaper of The New York Herald, October 10, 1844, Page 1

Newspaper of The New York Herald dated October 10, 1844 Page 1
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THE NEW YORK HERALD. Vol. X., No. UftO?Wtiol* Mo. WHO NEW YORK, THURSDAY MORNING, OCTOBER 10, 1844. PiIm Two OwM. [Fromuii! rillriH^W Spirit el Qm Times] General Convniiloii of I lie Protestant Kpls cojiul CUurcU lit the lT. 8. Monday, October 7, 1844. J MoPn kson Bkurikn, oi Georgia, continued : Letnslnke* brief review of the resolution be fore us. W* are told it will eubvert fundamental principles and unsettle litem and produce to a great er degree that state of ibtags, the eiipposiiious exist ence of which led to its introduciiou. If the H. will linve ill'* goodness to attend to the termsot the resolution, it will be found to as?ert nothing but wli.it is important and competent to the action ol the two lions'.s ol the Convention, if happily it can b ? "hilined, in such an exposition of the Articles of F ilth, as will serve to remove existing difficul ties and alloy the limitation oi the public mind. It uii-i tiies< nothing?it averts u fact, which is unde T Mble, itint ill' re exists in the minds of many a be JieJ that rtoclrities inconsistent wnh ihe Articles ot Faith,have been promulgated. This opinion is enter tained m all sincerity nud earntbtuesa, the conflict ing opinions eiitt-nained 'by oiliers are doubtless equally t-incere. f'o long as these opinions are lei' to combat with each oilier, so long will agitation exist iu the church. this difference be recon ciled and lit-- agitation of the question put to restl The resolution does not declare, but it may be de duced that hn expression of the opinion ol the Ilousi* of lii.hop. authoritatively given?if we can concur oh the points in controversy, or drawn into li, to the great urief of its members? inay have the etlect to quiet reeling and produce that harmony which it is desirous should always prevail. This is the inmost object and scope of the resolution, and before even its provisions can be carried out, it must be concurred in by the House of Bishops. Do w. fe.ir to submit to the House of Bishops |he ques tion which the resolution presents, which is simply whether the interposition of ihe united action of the two Houses may nut havea beneficial influence u on the agitated minds of the christian communi ty'! \Ve cannot disguise that a difference ot opinion ] does exist, and its continued maintenance has the elfect to disturb the peace and harmony ol ihe i church; alienate brother from brother, and produce , a rid!??. of things which every Episcopalian and every friend ot the church must deprecate. Ihe only question is will its adoption, induced by a con ciliatory spit it, obtain sucn an expression on the subnet on which a diflerence of opinion exists, as may have the effect to harmonize the church and quiet t ie public iiuuill We arc told the subject has already been decided by our Articles ol Faith Tneir Articles have been in the hands and studied End orayerluily exannued by those who differ from em-h other, and though they contain principles it were niiwis? to unsettle, their discussion has left tne public mind in a state of agitation. It would *n,e?r that th<>s? who seek, to place the mover ol tins resolution in a dilemma, are in a dilemma themselves. The Articles of Faith are or are not competent to remove the difficulty in the public mi.id, andy?t they are reduced to the necessity o denying ?n allegation of faith, they cry "peace! peace! when there is no peace!" It they are pre pared to admit the solitary fact that diversity ot opinion does exist in the church, on a question ol vital importance, notwithstanding the previous ex ist< uce anJ c irelnl study of the Articles ot Faith, on-.- or two things must lollow; either they are Wil li ik to allow the present state of things to continue or to admn that any effort to coirect them will be futile and unavailing. The mover ot the resolution has been asked to point to a Diocese, where these errors are promulgated and is told that there are Canons under which to . proceed against the indi viduals. This suggestion is to meet the resolution in * spirit counter to that in which it was conceived. All are aware how impracticable would be the en forcement of existing Canons against those indivi ?. duals, lor the promulgation ?t opinions which have in veJv fact, been ihe cause ot the disturbed stale of the cnureh. 1 hat course would be unavailing now u?id should only be adopted as a|last and ex ireine resort. Let us adopt then the more concili atnig process, by which we may reconcile all and the necessity ol resort to extreme means be dis posed * iih. He commended the resolution to the attention el the House, for conceding the differ ences ot opinion promulgated ihrough tracts and from the pu mt; the next enquiry is, is it desirable to find an efficient remedy to remove ihemT it, as llu-t utieri'iou must be auswered in the aflirmaiive, whicu uf the two courses* shall we pursue! To the extreme course of seeking to render them amena ble to the judicial tribunals ot the ehurch, to cause disuuiet of the chuich, or resort to the more con ciliatory course, and institute sucn enquiries as may quici the public mind, oy removing every difficulty! Ve may be told that some are so fervent, that they w.II not yield the right ot private judgment. Bui there w force in truth, especially when it comes from a source which every clergyman respects and reverences, and this forbidsthe conclusion that the Articles are incapable ot such interpretation as will receive ihe approbation ot all. Ihe Articles ol Faith may be openly opposed on a point ot con struction, w Inch may be removed by the concurrent authority ot ihe two Houses. It is due to our selves to make the effort-it may be unavailing; but if n receive the concurrence of the House oi Bishops by a respectable majority, it will go to the public mind, under the sanction ol an authority winch will gam ready admission to the heart and leeltugs of every man not wrought upon, by the controversy to such a degree, as forbids an unbi judgment. He asked that ihe resolution might be discussed in a spirit ot conciliation it m ty do benefit and cannot result in injury, as it tJUfhes no fundamental principle. This course is demanded by the public mind, out of this Conven tion, nn<! it will be followed by the blessing ot God a nl in ing quiet to disastrous agitation. |>p M ij.mii, of N. U , protested against the introduction ot matters i>T the la*t gonlleman, foreign to the questios bii i the ?ruument. Su k a course wn? calculated to I* Injurious, although the motive which actuuted it might be pure hb I godly II we admit an a valid aigu-nent that tin, ri-aolu'iun should be aeut up to the House of Bishops b*c i use it was of a conciliatory nature, he would ask what qu-jtioii mUhtnot be iient up tnere? Tho true question h a* to it. expediency, propriety and justice. A temper and disposition tc discuss matters foreign to the subject be depiecated?it should b? directed solely to its expedi en y As to the resolution iUelf, it ?li vague;that there we.ru suors in eertaiuecclesiastical writings no one could deny -I ete wan but one book In the wine world which w.j? p'riect?there was no error in the Holy word ol God There was nothing that the world could publish that was tree from error?but tho teim error is comparative, an 1 it' we must come here to discuss, rectily and delibe rat* on all published eriors of opinmn, where are we to fix th*i terminus?how escape from theconiroversial bogi Bui it may be said that the resolution refers to lundamen tal eri or , that <? also a comparative term ; one considers on.! error lundamenUi, and another one some other enor *1 hs wisest and best men ot tho Catholic Church have never buen able to settle what ere and what are not funds mental errors If we are to open our doors to the discus sion of all error, it would be impossible to draw up a sys tem to moet it?we should be led into the very extreme ol nought the tirae chosen for this discussion inoppor tune?there wss a statu of excited passion aroused; and he did nut use the word in an obnoxious sense,but as rep lesentitm a<i'..?ied feeling?and such a time was the verv worst in wRich to legislate and define Articles of Faith with the cIom ness which gentlemen require. It is, how ever to be pioved that dimculties exist in the church? thMT may be mere shadows when wo como to look at them. Iu tilts hot'iry of the Church of Kngljnd, attempts !? 11 bei i to rentier our Articles clear. The Bev. aei.tleniHii lutuncnl the L imbert Articles, propagated at liti i,' wli n :bo extremeCalvanhtlc docliinea prevailed, ami ot tiers vitre equally dispoiod to Armenisnism and oi er " isms," and it was thought expedient to pu* a stop tosuppooAd errors. The l aWaiiisin loctrines were there upon pnnr.ulgstel -, and with what ?*nl' ! H?d it made tneCUiirehinoiuughly catholic? He should be sorry to bt-lieve so ; lor it woalJ have shut out many devoted brothers Iroin the church, who have added to the glory ol 0 ld by tbeir livss el personal holiness, and unremitting e*Mrt| .i.s to extend Mis kingdom. Out us dootilaal points are to hs degned, shall we be Called on also to deiue Baptism, what it exactly is, how ?nil wio-n it shall be bestoweil, what its efficacy, whether it rfirts !>y moral aiusion, k*. ? The Rev gentleman show ed the impracticability ol legialntinn on doclriuul points of heln f by referring to the volumes written by Dr Pu s,.y on II <p'ism, some ol which he thought sufficiently mu My 'ii th>- ponderous tomes which, though written to d. tine and msasa'^ar the bjcrament ol the Lord's Sup per iial never e#?ctod the object. VVo would Involve ourselves iu a net, the meshes of which we could not es cape from Next he Instanced the fruitless discussion, as to the three orders of the Church, and the reo.leoi their appointment, or the necessity of their existence. Then tneie were twenty , oi thirty, or forty other points of dif n -any to fe* settled here, that there might be no possibili ty ol mislske as to their construction. We shsil have more li'ioks to deflnsour faith, than a life time couldget ttiro<ii(h the reading. 'I t tiusy, Oct H, 1S41?The morning prayer was road by ttie dev. ? h?*>d >re Kdsom, ol Massachusetts, assisted 1,y the K?v. Cictro S llsw k?, of Missouri The morning hi .mis weio from Kzrkiel xiv., and Luke six. to verse'is *1 ne 7i I Pi'ilm wis sung, and the Benediction pronounc ed liy tin pieiidn if hishon. On men a ihev dil ol the roll was disp>nse<l with. Vhe iiiinutes ol yesterday were resil and approved R v. I). Lipiold, Iroin the standing committee on csnons. t.i Wiiomi wi. rulerred a mesnage trom the House of Bish ops iik their concurrence in proposed alterations le 1 auim 0, ol 1911, coiicerning the consecration ol Bishops ?luring i eceas, and m1?o of canon H, of IR4I, in reference to the mo oof sfcuring an accurate view of the church, ma le r. port, that they were of opinion that the objects contemplated were sufficiently provided for by ther.anons th-iuo ives ,iiid. therefore, offered the following :? Resolvt I, I hat this Mouse do not ooncurln the amend ments to the before mentioned canons, by the House ol ISiJfhopf* i bis resolution wss sdop>'d i ha same oommitMa to whlok was wfcwi ths iaqnlvr whether any, ar.d if any, what alterations wore deemed nects.itry in canon 3i,oi ItKM, concerning Kpucup.il Re sigutsiion*, recommended the adoption u( ? new canon on Ihatiubjn:!, which wit read and ordered to be printed 1 he committee on canons were authorised to print anv propose.! canon, if deemed advisable, before their presen tation to llie House. 1 H\w" Pj; ??ited a memorhl ol a portion ot the 1 ru-deea ot the General Theological Heminarv com prising three Bishopa, three Presb>ters, and certain Lav P*rt Ibe comnl'tte? appointed to in vestigau the condition of the Seminary. 'Ku was a Mi nonty report, dimming from the General TriennVal nl m.Ar mad" 10 reaJ Report, but aa the for rnur poit not been read it wad ehfnrti?H tn until Dr ^eard and weighed together. ' ?J? i? i* ni.0Ved reference to the committee on the s:iKta?charge of th# Tr,enniai the'eommi^'"' ?f N' C ' off,!r,)<J * resolution instructing ol ?o Tm n i* on ?aDOU? 10 inquire into the expediency make 4,h ,ecr 01 ?non 7, of 1838, as 7o months" read "twelve months, or din ?f u auon ,0 the admission into Holy Or ders of those coming from other denominations. The resolution w?s adopted. a?'Pollnted on th? rules of order , ,, "reP??- ln?y were not prepared to recommend J*"?8/?" ?r extensive changes in the present rules which had heen iound all sufficient lor the iemulation and despatch ot business, but some ohunges were deemed ex pedient to reduce general practices to distinct rules, ^ese were reported aud ordered to be piinted r . Df: C'"0*w,tL1' 01 Conu . Chairman of the m u ? the Consecration f Bishop, made a report t la L v <"h ru the tuIlim9"""? the election ol ??? K'Vl .^hirlton Chase, as Bishop of N. H , and of the in,r?h?, *h Cobb, 10 the Episcopacy of Alabama, Hr h a ?Cy w"r?.,n ?rder to receive the testimonials ol the member* oi this House. Rev Dr Ul khoimjh, of N H., proposed that the testi m-uual*, be mgned as directed by the Canon S ot 183J and s< nt to the House ol Bishops, which was agreed to Kev. Dr. 1 rno moved to refer Canon I, of 1838, to the CoinuuUuu on Canons, with instructions to consider and thereof!''011 ?P<*iiency of repealing the first section ab,Cn?e "" Jraoted to Mr ? E Pay?>?. ot The substitute offered by the Rev./Mr. Young, of 8 C yesterday, lor the resolutions of Mr. xemuinger. of 8 c' then came up in order. ' '' The aub?titute ia aa followa Whereas, differences of opinion on subjects deemed of Ki-aveimpoitanae. cast among the members of the Protes tant Episcopal Church, in the United States, and, Wnere fh' i ",k that thero is common ground upon which those thus d.ffering may meet in harmony and love as Tnn.^1,1 fl 0Uru 'J"1?1' ot the one Holy Catholic and Apostolic Church, therefore, Thar ,h??1 Ho,u?? of Bishops make the subject ?h?Vr l? y coun,"el aud adriCe their Pastoral Letter, ? ui /?tr.,n?uP which distinguish the Protestant VV; Church, on the one hand, irom the carruptions or Home, and on the other Irom the errors ol Dissent ia . r ir:.Xuu*G " prjpo.-ed to substitute lor the ast word Dissent the word "Sectarianism;" some ob ? f. having been expressed, he said he was in the ait uatton of one who had endeavored to make peace between those,who in their hearts love one another, to make peace between husband and wile, and had been una >le to satisl\ either, and the very lact, thut he had bten unable by hi. resolution to satisly either, was tu_liim evidence that he nad token the true ami proper ground,that middle ground IvJ' ought to stand as members ol our branch ol the Church. He would say a word as to the responsibili ty ol the origination of the resolution;? it was drawn up without the consultation, advice or direction ol any indi vidual-neither Bishop, Presbyter, Deacon or La, man nad been consulted?il there waa any error jnit.tne re sponaibility reated alone on him sell And now as to the motive?if he knew his own heart, his sole and single object was to present a middle ground for all to meet on, and with which all might lie satisfied. He nad found it imposaible to ?ote or the proposition ol uis colleague, whom he not only respected, but esteemed and loved; whoso piety was conflrmed and whose Juda munt, on all other questions, he should respect-on thi? question however, be lelt they must differ, and he there. lore aesired to oiler, what he thought his Irieud might be, h?m?UgK, be/atislied with, u it was impossible for him to obtain his own object, for it ia asking what is not only impracticable, but impossible. The objei t ol his substitute was not to produce unity of opinion, lor that is impossible. Unity ofaction ha. neve/ been produced even in machinery. Ail remember the dpanixh King who occupied his leisure hours in making watches, and when ho tailed in hH Httemiita, he asked bunse.f, how he could ever have succeeded in his to mer efforts to make all hit sui j"c'? all of one opinijn, and especially on religiou. m.ittei s l lierefore, ne did not hope for unity of opinion, be only desired to obtain harmony and love. He wanted a common groiind,which if he hud understood yesterday's debate could be occupied by all He had heard it said that they feared Komish tendencies in our church lie believed, howevtr, that the differences between brethren in this house were much less than we might be led to suppose from this discussion, and that on a prouer occasion we will show to ourselves and the world, that we are members ot that great body which has Christ at its head. The common ground proposed is sim ply this-we ate afraid of the error ol Rome, and fear the tendency to the errors of secta:ianism Let us then ask our fathers of the church for their godly counsel and ad vice, and to aay that we areas a church, in the language of a brother he had listened to with gratification-are members ol a church we love and all love?occupying such a middle ground between Romanism and sectarian ism as has made her the glory of the universal world Is there any thing to object to in his substitute ? Will we not all admit our church is ('istiiict from the errors of Home ? Are we not all prepared to say that we stand separate Irom the errors of sectarianism? None w;ll dissent. But the question is raised, where is the necessity of assenting to what ia almost an axiom ? It is because we are all brethren, and some think tnei e is danger, and have expressed their feelings of dis satisfaction. They have tears which are honest and shall we aay that we can do nothing and make no r? spouse to the expression ol their feais, desires and wants We can't give them the answer they desire, but we can Rive them some answer, and say if they fear the omish tendency of certain publications we are ready to declare op- uly and distinctly, that we reject tho errors oi Home. They ahould be satisfied witk this, il they are not we have done w hat we could, in the way we thought best calculated to produce harmony. He loved unity ef opi nion,ond should like ?o have ail think as he did on all itih jectf?to be the Infallible guide to the House, but that was impossible; but he loved harmony, peace and bro therly love infinitely more than unity of opinion, and therefore, he had presented the substitute, and refused the' rtq-iest to withdraw them ; lie trusted bis views would prevail, and the House accept the substitute in place ol the original resolution. The Ksv, Dr. Emfie, oi Virginia, then read from a ma nusciipt a very extended speech In iavor of the reference ot the original resolution, in which the whole doctrine oi " Tractariauism," as developed by the Pusey tracts was entered upon and denounced The extreme length of this speech, and its being so connected in a chain ol argument preclude the possibility ot preparing even a digest ol it' At one stage of his remarks be said the question was to re fer the subject of Tractananism to the House of Bullous for their godly counsel and advice. Mr. C'oi.uoffs of North Carolina, asked that the substi tute might be read, as he did not understand that as one of the subjects included. Dr F.mpie thought the whole question open on tho ori ginal motion and substitute. Mr. Mihisdo so concurred, as the question was to ?triko out and insert, which brought up both the merits of bis original resolution and the substitute ol his clerical colleague. Mr. Commons called for the reading to know what we were discussing, and what congruity there was between the subject of resolution and the speech wr were listen ing to. He wanted a discussion as free as air lie wanted to liear all relevant or irrelevant, and was willing to sit tour weeks to effact it, but he wanted to hear the suhsti tute read. Judge Br.aaiK* rose to the peint of order that when a member was on the floor discusxing a question, he could not be interrupted to call for the reauing of a paper ? The resolution was on the clerk's table, and access might be had to it there, if not iti the public prints. Di Rmpik then proceeded, and in tut remarks adverted to the onlination of the Rev. Arthur Cary, an I after re. viewing his opinions, pronounced that he was at heart a Papist. Tho Rev. John M. Korkks, of New Vork, here called Dr. Km pie to order, as having perpetrated an outrage on the living and the dead. Dr Kmpi* disclaimed Judge Jonrs, ol New York, said, he can do no hurt, let hisa go on. Mr. M tcriRt.snD, of Virginia, wished it to be under ?.tor.il, it I) ? colleague proceeded, it was in the exercise ol his rights, nn.l by no courtesy ol the Housnor the indul* gene, oi individuals His colleague had disclaimed ?ny implication oi unworthy motives Having actuated any in dividual whose ecclesiastical opinion it had become hia duty to review The PaxsiDRftT of the Convention subsequently re marked, that he hud supposed he was acting in conlormi. tv to the expressed wishet of the House, in allowing tin. limited debate, otherwise, il he believed the gvntieman out of order himself he should havelelt it his duty to re strain him. Dr. KMriE.tben proceeded witli his remarks, and at the c!o>e offered the following preamble and resolution : Whertaa, the General CoiivenM>n of the Protestant Episcopal Chuich has b<en established for the purposet f firomoting the general interests of the Church and ol re igion, and the'gr> at duty with which this liody is charged, therefore, it ia to "see that theChurch receive, no injury; ' and whereas, Tractarianism, or the Oxlord Tract system, VJ??W developed and rapidly propagating, and aa exhib. tted in the tract writinga generally, but especially in tract 90-in the British Critic lor Jnly, |H4I? in Mr. P*Jm?-r'a narrative in the caae?and at the erdination of the Rev Arthur Cary, and in the columns of the New York Church man for the last eight years : Whereas, Tractariatiism, as ttere exhibited, ia decidedly hostiletothe principles of our P ote'tant Kpiacopal Chureh and religion, as appears anf ficiently even from the caae of the Rev, Arthur ( ary? I herefore, resolved, 1st, That it is the duty of this con lyTiId"'*ide?ly*" V'rw" *n ",0 "uMect plainly, strong Resolved, 21, That wo do therefore solemnly protest against the errors an 1 abnsee of Tractarianism as incon sistent with the principles ol our Protestant Episcopal Church. >or 1 ractarianism teaches, first, that tneie is no material difference between the doctrines of out church and those of Popery, and that it is doubtful whether onr chnrch is any purer than the Church of 'n 'h#i tu c'h Reformation Irom^he Church,of *?a>s was an tinjn.tuuue ,ct ,nJ - Uat ww ,!>???ra ayataMttMUy wptinj frotn,OM I church ot God, which is the Church or Rome 8 I, That all the doctrine*, therelore, which tlio Church of Rome teaches ar? scriptural, and binding on our conscience*, an.t that therelore we ought tu believe and practice ac cordingly. The Tractarian system ia, therefore, sub veriive of Proustaiiism andot the Ootpel. K>soived, 3 1, That w? do most earnestly sution both our clergy and laity to guard againit thii Popish poison ? hat ia gradually and rapidly diffusing it?elt over the Church. Resolved, laitly, That we do moit respectfully Invoke the House of Biahopa, in inch a way a* in thuir wudofat nay seem beat to take a decided itand upon thii subject, in order to clear the Church lrom the stigma that now at tache* to it, and to prove to the world mat doetriual pa pist* cannot, continently with our standard* be ordained or received a* miniiters ofourProtestantEpiacopal Church ?The Phk>iue?t decided their introduction to he out cf order, a* containing subject natter entirely irrelevant to the original re*oluiion. .VIr. Bkkbikn here ro*e and aaked the indulgence of the House to submit a resolution designed to advance the ac tion of the standing committee on cou*ecration* Leave being granted, the *ubject under debate wa* informally pained over for the day. Mr Blbrik> then taid a Document had been presented to the Home, sealed, and without being opened had been relerred to the committee on con*ecration*. When open ed before that committee, it wai found to contain charge* againtt the Rev. Dr Francis L Hawke*, Bilhop elect of Vticaiuippi. The House would doabtlei* consider the moit obvious course of juitice to be to allow counter evi dence, and the appearance of that gentleman before the committee to diaprove the charge* ; this could not be done, except by a vote of tho Hou*e,he therefore made the tao'ion. Dr. Hswbki aaked hit friend, who had ao kindly mid* the remarks, to add to them, *hat he had, upon hearing of theie charge*, immediately a*ked copie* ot them, but never up to tin* moment had they been lurnuhed to him. Dr. Trwo suggested to atrike out the word" charge*," and insert " suid document*," whick Mr Berrien adopted. David B Oancn, Esq., of Ne^rYork, thought there might be dilticulty in the course proposed; the committee were not to try Dr. Hawkea, they had nothing to do with the document*, and tkerefoie wanted no counter state ments. Mr. Bkbbibn wa* somewhat surprised at the remark* of 'he gentleman from New York. He would suggest that thejrrfusal of the request would be an act of nost flagrant and palpable injustice, not merely to the individual sub ject oi tne accusation, but in view of he course taken, to every Episcopalian interested in the character ol their Presbyters, and injurious to the Church. What are the fiotw In a most unusual manner, unprecedented in the annals of any deliberate body ol men, certain charge* against a Presbyter elected a Bishop of a Diocese, had found their way to a Committee ol the House. He would appeal to gentlemen, ii they ever knew of an ex pert* document ever tbefore presented in this man ner? Was it not always requisite that a member should rise in his place aud state what he had received, and what documents contained! Here was the first act of injustice to the Rev gentleman, a document, involving hi* character, which iadearerto every man than life, receives the official stamp ol ihis House, when uo one but those presenting it know what it contained. He appealed against thi* to every principle ol justice wuich lound a home in the bosom of every honest man. Should an individual thus maligned have no op portunity of exculpating himself beiotu the same tribu nal where the charges are made? It was also eaMerto make accusations than remove their impressions. Some further remarks between Mr. June* and Mr. Ber rien passed, when Mr. Berrien moved that the committee be discharged and the document returned to (he House hev. Mr. Founts wished to state that the clerical dele gates from New York, f on whence was presented the memorials, were entirely ignorant of their contents. Dr. Hi'uhks, of N Y , had presented them, and laid within filteen minutes of their presentation he had in formed Dr. Hawkea of the quarter from whence he re ceived them They came from ? Presbyter of tho Church, ooe of his constituents,and he felt bound of course to pie sent thi m. Dr. H? watt wished to state, notwithstanding the deli cacy of h s position, that he was willing to meet those rharges any where, either belore the Committee or the House, and that with Ood'* bleating, and the conscioua rectitude cf an honoat heart, he hoped to diaprove them whatever they may bo. After some imform 1 suggestions from Judge Chambers and Horace Biuney, Eaq , the question was taken, the Committee discharged and the papera returned to the Secretary. Dr. Tvno then moved that they be laid on the table. Adop'eA. Rev Dr. Bumbodohs, of N. H., moved to proceed with the duty of aigning the teatimoniala of the Biabops elect. Mr Bbooks, of Ohio, then moved to lay the motiouon the table, which wa* carried. This motion at the request of Dr. IUwxki was recon sidered, aud the testimonial* were signed. On motion of Knw. A. Newton, Esq , of Mass., Dr. Hswbeswus to be furnished with copiea of th* docu ment* in relation to him The Secretary wa* empower d to procure their transenntion, and the House adjourned. Later from Mexico.?Th? Anax arrived yea terday, having railed lrom Vera Cruz on i lie 12th of September. The Texan prisoner* came passenger* in the Anax. We repeat their names:?Col Wm F Wilson (formerly the Sheriff of Galveston). James C. Armstrong, Thomas Tatem, and Capt Wm. Rjron. The release ot theae gentlemen we deem in a great measure lue to th? active exertions of Oen. Thompson, but that of Captain Ryon more particularly to the exertions of the Hon. Wm French, of Kentucky, who obtained the signa tures ol upwards of two hundred members of Congress to a , etition in his behalf. On the 81st of August the President solicited leave of *bsenee for a short time to look after his personal affairs It is said that Genetal Canalizo will perlorm the dutie* nl chief magistrate during Santa Anna'* absence. The command of the army of invasion against Texas ha* been ?ntrusted io Oen Arista. We learn no more by this arrival ?* to the action of the Mexican Congress upon the proposition of raising four millions for the Texas campaign. We do not believe they will be able satisfactorily to adjust It, nor would it much suprise us, Improbable a* it may seem, were Santa Anna pleaied that they are unable to do so. A pamphlet printed surreptitiously in Mexico, which take* tor it* title and text that " While we have a Con gre*a we can make no progress," excites a warm diacus sion among the editor* and contributor* to the pre** at the capital. Some think it an indication oi Santa Anna'* intention*, or ? kind of fouler put ont by soaoof his friend* Other* suppose it written to alarm the rongrrs* and impel tt>* member* to hurry through measures lor raising tho $4,000,000 voted. Other*, again, pronounce the whole thin? a seditious pamphlet, intended only to embroil tne executive and legislative department*, and to stir the latter up to resist any encroachment on their privileges, and to show that they aro not to be driven into nasty ac'iou in so impoitant a matter as levying a tax to raise loi'r millions. An announcement i* made in the Oovernment papers, with every expression of thanks, of a donation of one hundred dollars, made by one Join Dolores Oalvan, to wards defraying the expenses of the war against Texas It will cost the entire sum.to advertise the gift as exten sively as it has been done. There were lying at Bscriflcios the following vessels of war The Spanish brigs Patriot* and Habauero; the Knglish frigate Inconstant, aad the barque Rose; and the French brig La Perouse, thia last having arrived on the Hih ult. The health ol Vera Crux is reported as being in the beat state. The funeral of Madama Santa Anna took place on the 27th of August, near Puebla. A whole page ia given in the El Censor to a description of the funeral procession, the ceremonies in the church, and the monument erected to the memory of the deceased lady. An official denial is published of the rumor of distur bance* in Sonera. Entire order and tranquility arc said to prevail T?e Oovernment of Mexico has shown very consider able chagrin at the robbery of the diligence in which (Jov. Shannon wa* a passenger Immediate inquiries ware instituted into the lact* of the case. The rohb.ry took place on the night of the 96tk el August, and wa* not very heavy, the Minister losing only a very valuable cloak, about eighty dollars, his watch utid pencil case rlie driver is ulonn blamed for net having chosen to wait for the proper escort. As soon ?* the robbery was known to the commander at I'uebla, troops were ordered in pursuit, but the robbers, being well mounted, made their eeoape. The Ku gof Prussia ha* appointed Sr. D. Carlos L'hde consul at Matamoras. A project is in agitation to transfer the seat of govern ment of the Department ol Vera Crux from its present site to Jalappa, oi >ome other point in the Department less unhealthy The Vera Crux papers scout the idea The Mexican papers comment upon u statement made In the Courier Francals. a paper publi bed in Mexico, which reports an atrocious outrage upon a French rest dent ol Msxatlan. by an oMIcer ot the Mexican garrison stationed aUhat place. The Mexican editor* have iio terms to express their horror and disgust at the outrage, if it shall prove to he true The Oovernment of Mexico im> mediately ordered an inquiry into the facts of the case, with the view ol bringing theguilty lo justice, and vindi cating the character of the country An assassination ol two individuals,on* a native of Sile sl* and the other a Frenchman, took place on the 984 of July last, on the rancho called Siqtundo. in the munici p.ility of -lye rl rhica From the investigation instituted, it appeared that they travelled lrom Mexico in company with two Mexican*, imp-cots of tohncco in that depart ment, and that these murdered them. The Oovernment te?k summary measures to bring them to punishment ? Ntw Orlt w? Pltaytmr Or I I. Common I'leaa. Belore Judie Daly. John Btiuhrr v*. Dihttld MiUrman?This cs*e, which was reported In yesterday's Herald, wa* resumed. A seal ed verdict this forenoon. Court Calendar?Thia Day. I snmos Plbas?8, 17,48, 8 110, A8, 89, 83, W, A6, 86, 78, ?8,6 41 Al. Svpbbiob CnuBT- 48 48. 47, Al, 10, 40, AA, A7, A*, AO, 80, 81 8J, 88, 64, 86. 88, 67. 89, 70. Cikcoit Coubt?Same a* yesterday. Marine Court. Before Judge Smith. Oet. t ?William Bufltr r? Purr Vnnntdmlr ?In this so lion it appeared the plaintiffhad been in the defendant'* employ, at carpenter, from the l*t to the 91st of March last, and had engaged with him to receive wage* at the rate of $160 per day. In the absence of defendant, the jury rendered a verdict In plaintiff * favor of $81 AC United Btatea Coinnaleelnner'a OAs*. I'eter 9 wade wa* examined on a charge ol perjury lor libel In Admit tit* t the decision will be gi van this for*.

MM by the U. ff Ceaualertoner Ueneral Htnlwia, Before Recorder Tallmadge sn<l Aldermen Jackson tul J. William*. M. C Paterion, Eiq. District Attor ey. Wedneioay? Ciue <f JitUlru ~ 1 iiu Divttict Attorney itatad that he ihould lubmit the demurresr of Couusel in thi*icaeeon leveral indictment* lor forgery and perjury, C' for"l,*'.r deciiion, without argument Tnul of Jamtt Ruling Coulry f?r an aitauit and battery on George R Oltddon ?Thu case, which baa cauatd iucIi a H i* ol ink tor moathi past, waa called up lor trial. I)i?iu Ohjium. Eiq appeared aa Counsel lor delence 1 he Uiitrict Atiobmay opened the caae with a lew remark* relative to it* character, and then called the com plainant Gkohoe R. Gliddon, who wa* * worn, and depoied a* follows :? District Attorney?Mr Gliddon pirate state the par ticulars ot thu circumstance t* the Court Gliddow?Ou the 14th ol May last I entered the *toreof the Meaar*. Appleton It Co ii. Broadway, to obtain a par j Vi! i been intoi nnd had been left lor me theie, and while in the act of paying some money I heaid foot itepi behind me, andavoioe saving, "1* your name Giid don ? ' I answered "y ?!," and the voice leipouded, 'my name ii Cooley " I turned round and instantly received a blow in thv face from Cooley. I struck back and in ?tantly wai lurrounded by leveral other periom in the ?tore, who pinioned my arm* behind me. aa if to preveut my striking Cooley, lint which appeared as though it wa* d"ne to allow him to strike me. I wa* itruck on the face and cut in the hand by the glut* cane or something while in the conflict. 1 called murder, a* 1 *upj>osed it wa* an attempt to injure me severely. By Gbaham, lor defence-Are you certain you wa* ?truck? Gliddon?Yea. I'm certain I received one blow from Cooley, and I believe another, but a* to the last I cant ?wear poitlive. Grahsm?(Showing a letter ?eut to Cooley)?1? thi* your letter? * DuiKtCT Attorney object*. Gbaham- I* thii your hand writing? Gliddon?Ve*. Gbaham - (Showing witneu the pamphlet enUtled "Ap. pendix to The American in Egypt. Diitbict Attorney object*. OmmM Did you write the manuiciipt of thi* work ? *o 0"?' " anawer if the District Attorney lays District Attorney objected, and Mr. Graham insisted upon an aniwer. District ATToaNKv-If the pamphlet is admitted a* evi derce, then we must have the book which it review*. Graham -Well, we've no objection to that. The Cou rt allowed the question to be put. GKAHAM-Did you write the pamphleU Gi.h>doi??(?o the court)?Am 1 bound to aniwer? Recoaoaa?You have jour right*?you are not bound to ai.swer, it that answer will tend to criminate or de grade you. Gljddon? Degrade me it never oonld?criminate me it night. Diitrict Attorney?It might criminate him In a libel ?tiiv. Graham?Are you in the practice or habit of itriking back wheu you era (truck? Diitbict Attornkt?The witne** need not aniwer that queition?he dee* not i.and here to reply to impel tint n t question*. Graham?I hope the District Attorney will keep cool District Attobnev ? I anall, *ir, perfectly Gliddon?It ia not uiual f ir me to receive a blow with out returning it. Ok ah ? m? Have you ever at any time threatened to ahoot M r. Cooley ? District Attobnbv?Mr. Hay*, will you pleaao to *et down?I can't aee the court. (Laughter ) Old Hat*?O, ye*, certainly. (Laughter) The District Attorney objected to the que?tlon, and the Court iu-tained it, tinder the exception ot Mr.Graham Ga am am-Have you ev?r shown the manuscript of any pamphlet to any person, and u?ed threat* of violence at the time, agaimt Cooley I The Diitbict Attoh.net objected, and the court decid ed the question a* inadmimbla. Or<ham?Are you (ure, Mr. Gliddon, that you cried murder when you wa* itruck, or waa it not (omethiug i ke a bellow 7 (Laughter.) Gliddon?I clearly remember to have called murder? I made such an edbrt, and did cry murder, I am certain Gbaham?Did you cry or bellow *o a* to be heard over fifteen feet I Gliddon?f did not itippoie the people about were deal ? I meant to be heaid when I cried out. District Attobnev?1* there anything more Mr. Glid don 7 Gliddon? Nothing except the condition in which I was wheu 1 came back trom the afl'ray; I will call Mr. Halaey, who saw me there. John Halsev, Jr., called and sworn, and stated that on the day in question he law Mr Gliddon; hi* clothe* were dishevelled, hi* hair torn, an J lie looked a* if he had been in a light or scuffle. Gliddoii?(Ruing and allowing one of hi* hands ) ? Here air. thu scars. Gbaham?One witness at a time il you please. District A i iosnky?How was j our baud cut ? Gliddon?By the gla** in the case on the counter I suppose David Graham, Esq., then opened the ca*e for delence, as follows:? Gentlemen of the Jury?I do not intend to appear before you a* an apologist of personal violence, provoked or un provoked,but a* the comtiel|ol a respectable citizen,I trust to obtain from your hand* a technical verdict ot assault only. The Court having admitted u* to present thecir cumstances attending thii alleged tuiault, I will in aeon denied form relato them 'o you. My clieut, Mr < ooley, a citizen and native ol thi* country, having amassed a handiome property in the auction bu?ine(i, retired and suited Europe in 1889. and arrived in Egypt in 1840, at the time ihat the complainant wa* the American Coiiiul at Cairo. He returned to thii country nfterwardi, and publl-hed h work containg in* travel! in the Eait The complainant afterward! published a pamphlet pretending to tie a review ot the work, which was tilled with per sonal dander* of the moit foul character, that ever ema uated from the pen ol an American citizen. He then can ridicule upon my client on account ot hi* American birth, and speaks of himiell in a superior lent**, as of foreign birth, and avowing his determination never to relinquish his allegiance to lue English soil, while at the very time he wa* acting in the capacityof Ameiican Con sul at l airo. My clieut being stung by thu pamphlet, and by an insultiug and taunting Utter sent to him trom (rliddon with a copy of the pamphlet, met him as has here t>nen stated and slapped him in the lace, but the valorous character of the gentleman w*s not evident, a* he made no delence. The letter I will here read to you, gentlo men. The Diitbict Attorney objected, a* It had not been offered in evidence. The Coubt admitted the letter, deciding that Ihey could not diitrain counsel in opening on thii uoint. Mr. Graham then read the tollowing letter Franklin Hotel, > TlllLADELrHIA, Auguit lith, I84J j To Jamki Ewino Cooley, Es<i , Author of "The American in Kgypt." Care ol Meuri. D Aitleton Ik Co , Publishers and Booksellers, -JOO Broadway,New York Sir:-Your inter*sting miscellany has been in my possession since .he 10th July, hut until I had ascertained that other copies were in circulation, I deemed it expe dient to r. main silent. I have now the honor ot handing you an Appendix, which I have had printed in a lorm adapted to your |Mgei, in order that it may be bound with "the American in Kgypt," and thui forwarded to the library of our 'Egyptian Society" at Cairo, where it will.be veryaccept able, and will be carefully preserved. It only remaini for me to add, that your work showi you to be a blackguard, and I have branded you a* a liar. Epiitolary decorum require* that I should lubacribe myielf, Sir, your moit obedient servant, GEORGE R. GLIDDON. This letter, it will ba seen, wai an additional taunt added to the scandal ol the parnphlet, trom which I will read some extract! to show iti character Mr.Graham then concluded by reading aeveral extract! which evinced much bitternesi and hostility on the part ol the complain ant toward! accused. Gbaham ?I will call Mr. Gliddon again. I understood you to lay that your place of residence wa* in Kgypt? Gliddon?I intend to return to Egypt a* my place of reiidence; I have rended the moit ol my time in Phila delphia since I have been in thii a mntry. Graham?Mow ollen have you been in thii city within the pait) ear I District ATToawrv?Why do you ask this? Graham ? I wiih to show that he was rarely here in the city, and that when' ooley met him, itw.itieflrst time he had seen him since the nception of the letter. Gliddon?I came Irom Philadelphia here in November last, and went about eve y where?Just take that down In particular. I went about every where-I came again in February, and then went about ev?ry where. The pamphlet was published in August, M44, and alter thia I announced public lestures on Egypt in this city, and gave them I have been here, backwards and forwards, several times since Ghanam?Did you know Mr. Cooley in Egypt? Gliddon?i did not know hi* face when I saw him here?he it better dressed now than he was then. Gbaham?You say this pamphlet waa putduhod in Au gust -did you write thi* name, James Ewing Cooley on the cover? Diitrict Attobney cbjeetrd, a* it would prove the autborihipol the pamphlet. Gliodon?It might criminate me-I respectfully de cline. Diitbict Attcrniy?Did you lee Mr. Cooley in Egypt, md was he entertained at your father'* house' Gliddon- He wa* not enter? Grahsm objected Diitrict Attobney ? We wish to ihow that the book written by Mr Cooley, contained a gross slander upon the father of Mr Gliddon, that would have prompted any ?nan to have lought icme kind of satisfaction. Graham ?We are ready to read the whole hook, and <how that it does not contain any abuse of the lathtr ol complainant. Distsict Attobnev.?Wa* Mr. Cooley in Egypt ' Graham object*. Kecordib.?We cannot try this caae In Kgypt (laught) r) District \ rTnRNr.r - ? We wish to ihow the came for the publication of thii latter, and the fact* on which it was based. It? corker- They appear to be too r mote Graham- We deny any reflection! on hi! character in my client'! hook Gliddon Can I make au observation > Diitrict Attobnev?It Is not exactly In older Gi ibb.in?A limple observation. Graham?We wlih to call hU honor the Mayar, to ihow that Mr. Caoley i* a man at uncommon mildneee af oha District Attorney?Oh, we'll admit that and not de tain the Mayor llnouaDkH?Is the cut closed now, genllenitn. District Attorn*.*.? I have merely to say that Mr. Cooley ucte I as auy man would, who waa called a black guard and a liar in a lettrr, iud that Gliddon alto acted u? any rauii would, whose lather had be it slandered. The Hkcorivr then submitted the cim, merely re marking that neither worda, nor letters, nor publications justified a violation of Uieiuwby |eraonal violence, al though the jury were the judge* of the law and the fact The jury letned and returned in about (litem minutes with a verdict of " guilty, under aggravated circuaisiuu ces," which wis afterward* explan.ed to us to mean that the assault and battery was committed by the accused under cirsumsiances that puitially justified it. The Court stated that sentence would be imposed on | Friday next Trial oj Jihn Coliint ?This young man was triel on a charge of grand larceny for stealing $2b.'> Irom a sailor named Nicholas Wheulan, ut the house ul Ann Witle'u, on the -Jad of August last, flu wux jointly indicted with a man named Win Nile*, and awgiiiuu named Ann Wil lett i, the latter of whom was couvicted at the last term of the Com t. The testimony of the sailor hav.rg bean taken He bene eiie, was read to the Jury, in wlucli he swore |ositively to the commission of the act by accuvd Che deti nre conducted by James M. Smith, Jr., und Kuoch E Camp, E?qr*., product d foit mony to refute the statements of tue complainant, and Coll na was honorably acquitted without the Jury Jeuvin^; their seats. r'alie Pielencn? George K. Moiris was fried on a charge ol obtaining $6U0 from John O. Klngaloid on sixty cask* of cheese us collateral, having Kiveli hi* naui for the amount. The cheese was received, and the notes not paid The jury acquitted him. The Court meets this morning at eleven o'clock. Circuit Court. Before Judge Kent. Oct. U. ? Klithu Kuikman vn Stacy Pitcher.? Thr Sport inn Catt.?The Match bitwetn inert cut and Lady Suffolk ?This case wil resumed. he < ourt was crow.ded with many spectators who seemed to take a lively interest in the result. The testimony of the witness, Mr. Thomas Babes, who was the only witness examined on yesterday, having established the facts uf the race and the winning of the wager, and also the handing over of the same by the defendant to the winner, Mr. Brady rested hia case Mr Blunt moved for a non-suit, on the ground that the evidence lor the plaintiff showed that other parties were interested in the alleged bet. The non-joinder of n Mr Crosby and others, who were interested, he considered fatal to the issue before the Court. The seeoud ground of motion for a nan suit was that this being an action oi debt under the 8 a ute to recover a specific sum, the other parties should have been joined, and at the season of the year in question there was a regular course, which made the race a legal one. Another ground was, that there was no demand, an<l there should have been a demand made by law to returu the money. He also moved, on general grounds, lor a non-tint. The Court over ruled, subject to the objection which was noted. The Counsel engaged heru u ithdriw and bin fly cuu!nhi?i, vkw? Mr. Dc Witt opened the case for the deiencu. Ttie case ma 'e out for the plaintiff", he submitted, did not sub ject the defendant under mi action lor debt. Thu first witneas called was Mr. Kcclks Gillodar, examined by |Mr. Blunt.?I know Thomas Babes, the witness who wan examined on yesterdav. 1 wan present on the occasion of the tace be tween'Lady Suffolk" and "Amenou*," and I saw Mr Babes in the judge's chair ; I had a conversation with him. Mr. Blunt here apnlied for leave to recsl Mr. Babes Mr. Brady objeated The Court overruled the objection, when Thomas Barks was recalled To .Mr Blunt??l never declared in the presence ol Mr Oillendar that 1 was interested to the amount ol $600, in the race Mr. GiLLRNoaR recalled?examined by Mr Blunt? Btbe* came to me and raid hewa* inteieited to the amount ol $0011 in the race, (sensation ) C-out-examined by Mr Brady?I had no interest in the race?I saw on tne occasn 11 u Mr. Hpicer and a Mr. Bryan, in the dress which is usually worn by gentle men who drive in trotting matches Mr. Euward White wus produced for the defence, and testified to the fact ol the u?reeiii?it tuade between Mi John Conklin, on the part cf "Americus," and Mr. Rurk man, the plaintiff, en the part of " Lady Suffolk," w hlch agrteeent was in writing. Mr. N. G. Court wriomt testified to the fact of being present at a convetsation had hetween Mr. Ruckuian uiid Mr. Pitcher, when th? demand was made lor the ?mount of the)w?jer, $3ou0, which was handed over to the win uer by the defendant. Mr. Oko. Hrtnia, who drove " Americus," was produc ed, and examined by Mr. Blunt. 1 bud u conversation with Mr. Ruckman last Spiing, when he: told me tho only lnterest|he had in that race wan j-jon ? Cross examined by Mr. Brady?1 had an interest of $100 in the wager Mr. Oicorok Cnoasv testified to his having had $80 in terest in the race, und to not having authorized the suit. Mr J. Kkulish testified to his having had $100interest i.i the race, and did not authorize tne suit The case for the defence here rested, when counsel summed up. His Honor charged the jury?The present i* a cate in Which the tact could nut be dilguised, that there was a natural repugnance in relation to case.* of (his kind, which required sound (discrimination, u* matter how strongly men may feel on the subject ol the. dangerou* [iractice of gambling. Here is an action bioughi to re cover money deposited on a wager,on the event of a horse race It was coaceded that a Hotting match took place in Oct, IH4I, on the Centieville Course, and the question is. was that an iliugal wager 1 find that, .ix lar back as 190-J, our legislature took care that all racing and trotting matches should hu put down ?? a common nuisance; and authorised that it should be punished by fine and imprisonment ; they ulso declared that " if any person should usecor employ any uorse, mare or gelduig in racing, it should be punished by fine or imprisonment. They also declured that, '* any contract i nteresl in relation to racing should be null and void. The next act, in 1841, declared that they would allow rei(Ular training in the County ol (^ueeus, und re leased the owners Irom the very siilet penalty imposed by the act of IWri The Legislature, by the am of I8-J1, tllowed horie lacing to lake place in the ( ounty of Quvtns, in the months of May und October, but I have no idea that in^thus[altsring the statute, they contempla ted by the introduction of that law that bets weie to be allowed. In the case ol racing the parties were thus ex empted fiom tlie penalty held on them by the statute ol 1003, but ul! they mount by the introduction (if the liiW (IS amended, was to allow racing to tafc* place in order te improve the breed oi horses. This act is fu osi#t. ence to this day. Alter that act wrs passed, then comes the Revised Statutes, which expressly declare that " All wagers, bets, or stakes, made to depend on any race, all gaming and all betting, is unlaw nil," and it alto emphatically and expressly probl hiti "all betting" as "tinlawiul." Now, the statute makes all betting unlawful, and also expressly der-larr s that all contracts which may he made in relation to bet ting may tie ' void." It ulso provides that '"no person shall pay or deliver any monies on such contracts; and any man may sue for ami recover the same fiom the win uer, or any other person,whether the money shall be paid over or tot, or wherever nny *uch wager shall be placed." Now, gentlemen, I have no doubt, under the plain and simple wording of this Statute, that any money paid over in tins way If contrary to law, and therefore recoverable by law. There is the Statute, and Buy person that runs may read. The question, then, lor you to consider ia, if this man, Ruekman, deposited my money he has a right to recover. If you are satis lied In your minds as to the fact ol the amount of ?leuosit by Ruckman, you ace bound to And to the full amount The first witness proved this fact, but the second (witness, Oillendar, has contradicted him in one fact which ia important, namely, that he understood him to say he was interested to the amount of $fl*f? It appears, however, from other testimony, that a contract was made between the parties?tint it was made in the name of John Conckliu?that there wu a bet made on thu race Court w right tell* n* that he wan present wheti an application was made by the winner lor the money, who linked if plaintiff' bad any objection, when he replied he had not, all was light. The money was hermipm handed over; and, gentlemen, yoH must determine, alter this question, whether or no the money was deposited The question here, then, arose as to whether that was legal There are two defences here. One is that other persons were interested in this casa. With respect to that l>oint I suppose the law to be this?if other persons are interested in a race, they are to tie considered us a princi pal, and the case would be decided in this way, that the patty so interested was a moral agent. The case I as ie en decided by the Supreme Cotnt. The other point of defence urged is, that it is a ha d case where a stake holder is made liable. I can't And anything to sanction this opinion. In England, in the leign ol Charles the Second, all gambling was declared to be illegal. In the reign of George the Second, the. allow*d racing for u mm of jL'M), to lavor the rich gamb or, I I* presumed I ?va* laid down then that wtieru a sink* holder h<-id bets that were not legal in yan d'lielo, be w as not liable, hut in coining to nth Term Itepor'S, p. HS, It m laid down ex iiressly ?' where a stakeholder pays ovei the money with the consent of the loser, he is not entitled to recover." lie receives the money in the first instance in his own wrong, and the present statute declares If a stakehol lei receives money, he receives it In his own wrong, an I I suppose the object of the Legislature was tocutiffihi* system, root an I branch, by the introduction of such n statute. And when they go further, and declare il the winner should recover the sum, the law has de Glared in winds which cannot be mistaken, that it was the stskeholdei'a duty not to receive an) moneys on such a transaction. The question then i? nolens here he some contingencies in the case is the de lendant resfionaible lor the money ' How much "I this he is liable for, and what amount plaintiff is entitled in recover I He is not entitled to recover the sum of $Afl deposited by Crosby us shown in evidence, nor the sun. of $100 deposited by English, an I also any other sums so leposited, as appeared by the testimony The jury withdrew, ami will render a sealed verdict this forenoon. Rossini'* Puiiurim. N1 r. Henr} Phillipe, tIn vocal kI, fella h good ani'cdote illustrative of K< s dni'n iHibluahing?pf>roprintiii!iRofothercnroi>om rn' idem to his own uaca Netikom?wt think the' waa the man?went to Rome to hear one of Ro* lini'a operas, und was HatoniMheil to find that evety qern whs hin own compoamon, Itternlly traiiaferrei io Rohmidi'h H'ore The despoiled urti?-t faxed Ro<*sini with the theft. "Certainly, I ndtnit the> ire your own," aa id Kntatm, "but I think so much oi your grniu*, that I cannot lork-nr to make u-< at i?* ;>rodn?-ttnna, and if yon think aa highly of anything of mine you may have heard rn-night, you in welcome to um U. bilk Con vent Ion?American lniUiatt< At eleven o'clock yesterday morning, there wa.? a meeting of the Silk Convention at the Rooms ot the American Institute in the Park. A good atten dance of gentlemeu of re?j eetability and intelli gence, showed th.it the subject under considera tion has a'cured the public thought. The name* of visitors upon their entrance was solicited and recorded as friends to the cause, and pro tan. members of the body The committee appointed to report on the or |ani/ation of the Convention, pru ted the follow ing list ot ollicers, whieli they recoinmeudcd for adopiiou 1'kk.iitiKnT- U<n TuliniMtiC, New York. Vies Pikimkti-J J. Whipple, Viia out; J. W Mur ray, New J<-.in), J (Unison, ? ouiitctitul; CoJtnrl t. C ljikt, New Yiuk; Hcni) Meigs, Nsw Yoik; S*m'l t. Chinch, J A bait < r, J. O Waid, JuUr \1. bumuey, I ClulS) iVallia Sk.L*kiAHiki Theodore Dwight, New Yoik; C. Ni cloil*, i omiecticut. Bvimui Cwnittii?t (.'.Van Kppa, batnuel Carey, -? cbappeli. J a 1'ieixe. J 11 Baiter, J U Witd U Ij?n the Mum * lied been ant.ounctd Hnd adopted, Gen. Tai.LMiu'.k arose and expressed his thanks to i the honor conl ited upon liiui in putting him in ibat chair. He fell great intenat in the culture o silk, and was wil ling, he l-egged to assure them, and nil the public, >e de votu Uia belt t fforls to promote it. He. had beloie taken occasion to inert, and he tagged them to repeat it, that American Silk wan detuned io htcomc at no distant day one ot the principal staples ot America, and one in the culture ot which abe would exceed all the earth. Gen. T procei dad to recount the nutural advantages of climate possessed by America - the la. ulty of hatching the silk worms-and several other opposite topics he consid ered it s high moral duty tor eveiy citizen and patriot to develope the leading resources ol tliw country, and bis opinions could not no high ol that man who was mdiftr ent to placing the country independent of foreigners, lor at tides both of necessity and luxury , he hsd a poor opinion ol either the integrity or intelligence ol sucn s man. These remarks were closed by a detail of a few sta tistics 111 connection with the deinund and supply ol silk ol native growth. Mr. Hsasison confirmed the statements made by the President, w hich be had an opportunity ot knowii g to be quite coirect, being engaged iu theuianulaciure ol glovts, giving impioyment to about 'JaOnien, 1,10> wonnn, loi ai>out six months of the year, and consuming not less than $10,0110 worth ol sewing silk of native giowtb, with which nothing ot Italian or Indian silk could compete in quality, ami lie I. ii assured that, beloie long,nothing else would bo used but Ameiicsn grown silk. Mr. I'hatt arosa to say that il was with the utmost sa tisfaction lie had to submit to the Convention a ci mmu. nication addieased to the Piesidtnl, and at the same lima make an announcement ol a kind that would htielt ceitain cause much pleasnie to all. A meichant of this ci'y, of "?'"v t?uia .landing, of pure Dutch name HLd Dutch extiaction-a mun engageu in .iij <imi?w. rations in trade, had given him aiithonty to iay that be pioposid presenting to tbe American Institute ? donation ol $MHSl, to betxpended in piemiun.* lor ilia best specimens el manulaciuitd Anieiican >nk Mr P ended bi? ii in iika hj reading a letttr, arde and lorg. Irom Mr. Van A haitk, the donoi, w hich contained many valuable vu wx aud sngge. tiona on the sulj.ct 1 he communication was lelerred ,o the business com nut ee, with mmucnons to repl) in a pi opt r wsy. tisueisi Tsm.kisou* legged the loibtaiaLCu of tbe meeting for a little time, wnilsl he indulged bis feelii gs in a thnrt tnlinte to the memory ol a name alluded io in the . hie letter uh.ch was read, and in tbe course cf his n niaiks he elicited a w aim Ittliijg of r<sptct lor his dc paiti d irit-nd, and regret lor bis rtceut depsiture. lhe name was not heaid distinctly. '1 be convention than Joined in a conversation on tbe rearing ol silk worms, Mr Van Epps cnmmt being by s relation ol his own e petit nee, and bis mode ot treating 'he worms in their dirfertnt stages 'i be couvei>stion oc cupied the convention until the hour of adjournment ar rived at I o'clock. four o'clock. The meeting assembled again nt thin hour, and war immediately culled to order by the I resident Mr bsKics read a communication Irom the New tug land bilk Convtntion. which untamed aseiies ol reso lutions-that tbe culture ol silk was of piime im| oitanca ?<hut Americans were bound tn lostei it?that the ?js tt in of State bounties wa< desiratile, and would he a most i AcCtive mode ot ben? thtin^ tne ceumry ? that (list body do cordially spprt ve ol the ixertions ol the (Amencsa Instlmtu to tins end This paper wasdiitcttd to be Iliad iimung the papers of the I oil} A series ol letters were read en subjects connect ed with the society's otjects, fiom piisons iu various pans of the United Mates, the most of them writtio ny persons actively <ng?ged in the culture ol siik.and consiqueutly ol a pructir.il Mid nsilul kind Tin flist n as fiom Ohio, another Irom Veimont , oilier* tri m Lan > aater County. I'enn.; Kullivan County, N'i w H^mpshirej Massachusetts; Beavt-r <o Penu ?, Bui ling ton, Veimont. mid many more, all tending to remove any reasonable ?luutit as to the praclicsbility ot cultivating silk iu Awn en with as much sticcesa and profit as in any part ol tha world. The Piiliipiiii suggeited that, as a goo-1 ntinil er of let ters had hern rend, and as the grntn man ielt a little tired. It would he well to revive tiie lute resting Conversation of he lorenoou, and for the purpose ol commencing it, he cubmitted (or their insptc<ir>D samples ol blark and color id sewing silk He said that the supply ol cocoons was not tqiial to supply the twentieth ol the consumption of raw silk, an>l 'hat the growers would, to almost an indefi nite extent, tind a maiket foi their raw material. A great deal >il the niuti iial tl wii t is called American manulaa ured silk is furnish) il by China, Tuikey, and Italy ; and lie lately learned that t weauhy gentleman of Ulasgow liad commenced on an extensive sea e the production el ilk in Virginia, w hich he intended to st nd to bis manu tactory In Olasgow. These (acts were furnished to bim liy an extensive silk house in this city Mr Ussssa cor.finned the statement made and told ot ha case ot a siik house in New Ktigland, whose con ' umption of native grown lilk in the past year was but $1000, whilst that ol lortign amounted to Mr Harmisoi corroliorated the iilMtve, and oert'fled, Horn experience, that tbe American grown silk would command u bettei pi ice than foreign As to the question ol piotection he was not certaiu that it was or was not requisite, but be thought the thousand dollars so nobly handed in that morning was it protection; that the (flirts ind premiums ol the Amtrican Institute w.is a protec ion: but, nevertheless, they lucketa more ? tlectusl pro 'ection, andjthat was pal lia opuuen. Th< j wanted the public, toioa to be exercised in luvor ol liomt si k pro 1 unta? the) in lact Wanu.il a little more AmeriCHnism and >o roon as that detiial le change accomplish* d they woulil be the best encottragen.tiil given to ?>Jk growing The Pa, sinsisT stated lor the mini mation of the l'i>B vent ion, that tbo duty on ilik in the gntn, was 60 ct nti, whilst that in othei conditions was f l},snd staled that this discrepency in tin duties,was taken advantage olbj Kng lull exporters, by fraudulently pieparlng silk which was lawlully subject to tb't high duty, in such a way, by 'he use ot a piocess, that mw silk of fortign growth, was'ndmitted every doy at the M) cent duty, much to the detriment of the silk intriest m tin* cc untiy Hesa-ral membt rs pur?ntd ti e topic with o good deal of interest, all agreeing in the wi>ri?m ot bringing the mat lerhelore < ongreas. and procuring a change in the pre sent detective state of the law, in relation to silk duties At the conclusion of this converiation. Mr. Barlow, one of the Vice Presidents, resumed the reading of the letters addressed by various friends ol the cause throughout the ieveral States, which concluded the session. The President having Invited all members ol tbe Silk ? onventioii, to meet and attend together 'he mldreis on Milk, to tie dvlivered at the Kair of the Institute?tha Con vi ntion adjourned. The National Jockhy Ci.ttii Racks? Th*?e ra<ea commenced yesterday in Washington. The ,irosi>ect n? good |'?e much diversion during the ?recent week. Tlie ceuree is in excellent order, tnd the following stables have already arrived , viz those tif Col. Thompson, Meinr lloswell, Vlr. Johnson, Mr I'ritchiird, Mr. Watson, Mr. Pm-kett, Mr. NVwhy, Col. huvall, Mr Fields, Mr. Lowilenslager, and Mr. Rowletr: Col. Johnson is expected with Midiie snd blue Dick. In the number of hordes already on the course la Kegeul, the Colonel. Frvor, h ite Harn>, Wilton Hrowr, Patsy, Anthony snd others. Should the weuther rove favorable, there will h<* a numerous company >n the course. Two splendid eiiver piicln rs. ma iiifactured Wy Mr. Robert Keywt.rth, of Wa?hin( ion, are to be run (<ir to-day, which will probably If OIIC of the best d IV-I <?( this week's alii'lMrment. Augitais, Us, (Correspondence of the Herald.) At'ot-STA, Oa., Oct. 3rd, 1844 As your inimitable Hrrnld enjoys a large circu Ution iri this city, and throughout Georgia, aa well a* everywhere under the sun, I have deemed it neccsx try to drop you these lew hastily written Itnea r-lative to the progreiM of eventa and remarkable loings of the people at I his time. The greates ?xcitement exists here among the people of both ;?oliitcal parlies. This day the whig party het? Teld s large meeting, given to the gallant Rohait Tombs, the whig candidate ot the 8th district, five thousand cititena of both parties were pre ent, and h discussion ensued between Mr. Daw iin, \lr Cohen, Mr Tomb*, Mr. McDuffie, and Alexsnder 11 Stephens. The questions were i? ;isy? Polk? Dallas?TexaH?Coona? Possums ? itie Tatirt? Free Trade? Rank?Sub-Treasury? ii sunion? Abolition? Slavery, Arc. Which ol the ratots (ruined the dsy, or obiamed the best argu n' tits ami the most votes, is diHicult todeterm ne feorgia, it is believed, will go for Clay snd Co.. >ut, on the other hand, it is claimed for Polk snd Texas Time will tell?i ext Monday, the 7th, b? ;inHtheltig olwar; therefore, _ look out for .h? ewa ! Serious results are anticipated. The fa'6 of ite Kepuhlic is truly injeopardv. O. P Q Mr. John Gough, the temperance lecturer, ad dressed a meeting at Ransor, on Friday last - Three hundred ladies aigned the pledge, and pr* sented Mt Gough with a handsome book (or him eeIt, aid a silver cake ba*ket for his wife. 'ia a mark of their esteem aad respect

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