Newspaper of The New York Herald, 26 Kasım 1845, Page 1

Newspaper of The New York Herald dated 26 Kasım 1845 Page 1
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THE NEW YORK HERALD. Vol. XI., Nti.J!0-Whol? No. 4178. NEW YORK, WEDNESDAY MORNING, NOVEMBER 26, 1845. Prle* Two C?nts. THE NEW YORK HERALD JAMES GORDON BENNETT. Proprietor. Circulation-?Forty Thousand. DAILY HKR.YLD?Kvery day. Price? cent* (** oopy ? f> IS l*f annum ?iwynbleiu advance. _ WBKLY HKRALD?Every Saturday?Price 6>< ceoti per copy?SI IJW eegts per annum?payable in advance. ADVKRTlSfc V1ENT8 ?t the muni prices?always evbn ?dTMCt. PKlNTINOof nil kinds eieented with beauty and debate. All letter* or c</inma.iicari?ui, by mail, addressed u. the establishment, must be po?t paid, or the postage will be ducted from tlie *ub*oription money reimiti-J J AM ?8 GORDON BENNETT, Proprietor of the N*w Yonx HirjlM) Kji?iii.h:uik.h, LONG INLAND RAILROAD COMPANY MOBt uem pa TRAINS RUN AS FOLLOW*, Commencing on Monday, September Lith, 1(M.V Leave New York?At 7 o'clock, A. M., Uostoi. i'raiu for Mreeuport, uatiy, Sun-lays"icei'ted, slopping tt h'nrmincdule and St. George's Man or. Lea? e Brooklyn?At 9)4 A. M ,'or KarmtngiaJe and iutermedi ate placet, daily Sundays eicepted, r.ud on Tneidaya, Thursdays and Saturday*, through to Oreenport and intermediate placet. " at 4 P. M., for Farmingdale and iuteimediate place*, daily-, Suuday* eicepled. Lear* Greenpoit?Boston Tram, atioeluk, P.M. >r oo the amral of the steamer from Norwich, daily, Sunday* rveepteit, (topping at St. George'* Manor and Farmingdale. at 9oclock, A.M.; Accommodation Train, ou Monday* Wedneadava aud Fridays. Laave Farmingdale?For Brooklyn, at 6^ o'clock, A. Al., and I P. M., daily, Muudays eicepled. l.eate Jamaica?For Brooklyn, at 8 o'clock, A. M and 2l4 P. M., daily *uuday* excepted.i Fare to Bedford 8 cents; Ea*t New V'ork 12Kl Hace Courae IBJf; Trottiug Course 18Vlamaica 2i, tfrushville Jl}?; Hyde Park 17 miles 37V; 1 Jlowsville. (during session Con?.) 17H; Hempstead 37Hi Branch 37X; Carle Place 44; Westbury 44; tlicksville 44; aarmingd:ile ti2H; Deer Park 69; Thompson 88; Suffolk Sutiou I 00; Lake Station I 183*; Meul'ord H'ation I 18V; Millville 1 50; St. George's Miuior 1 6SJ4; RiTerhead 1 6tH; Jamesport 1 62H; Mattetuck I 62^; Cut eliogue 1 62H; Honthold 1 t>2X; Greeuport, Acc'n. train, 1 75; Oreenport by Bosien Train 2 00. Stages are in readineaa ou the arrival of Trains at the several 8tatii.n?, to take passenger* at very low Fare*, to all parts of the Island Baggage Crate* will be in rendinei* at the foot of Whitehall ?treet, to receive Baggage for the several Trains, 30 minutes be fore the hoar of starting from the Brooklyn side The Steimer Htutesinan leaves Greeniwrt for Sag Harbor twice each day on tlie arrival of the Traiu* from Brooklyu. nSrc MAIL. LIN L FOR BOSTON. ,Y OVER THE LONG ISLAND JiATL ROAD, VIA SEW LOWDON, NORWICH .f- WORCESTER. At 7 o'clock in the Morniug, from the Foot of Whitehall .ireet, South Fairy?Sunday* excepted. Why Crate* are in renames* to receive baggage for New Loudon, Norwich and Worcester, fiaggige for Boston goe* through under lock. ju!6 tfre RALEIGH AND GASTON RAILROAD fiM fflmlflfti .TH FOR SALE. ON MOND AY,the 29th day of December next, by virtne ofa decree of (lie Court of Equity for Wake County, at its Auttimu Session, 1846, in a suit of the Governor, for the uie of the State of North Carolina, to foreclose a Mortgage there tofore executed by the Raleigh and Gaston Railroad Company, to indemnify the State against certain liabilities for said Com jiany, I will sell at. puonc Auction, at tne Court House door in the city of Raleigh, to the highest bidder, the whole property of the Raleigh and Oistou Railroad Company aforesaiii, (so far as the same is known to me,) consisting of 87 miles of Rail road, retching from the City of Raleigh to Gaston on the North side of the Roanoake river, in the direct line of public conv y nice to Petersburg, City Point, Richmond. Washington City. Baltimore, he tic , together with all Bridges, Depots, Workshops and Tools, Warehouses, Water Stations, Kngines, Cars, Sic. be. Also, the stock of Iron, Lumber, and Fire Wood, which may then be on hand, and all other articles own ed and used by the said Company for keeping up said Railroad, and iransportati n on the same. From tne nature of the pro perty it will be told en masse. The purchase!* by tlie terms of the Decree, and the Act of the LuillltOTia nliun to it, will become, ipso/aclu,? body corporate, bv the mnie and style ol the present Company, and will acquire all th~ franchise, privileges, rights and immu nities now possessed by it, for the term of 80 years, which it* charter has yet to run. These franchi-es and privileges a/e ol the most advantageous kind to the Company, and may be found at large in thi ir charier, contained in the 2d Volume of the Revised Statutes of North Carolina, page 2V9, which is to he seen at the Seats of Oovernment, and in uio>t ol the Public Libraries of the States ol the Union. The whole purchase money must hear interest, ntthe rate of 6 pel cent per annum, from ihealay of sale, and b? paid us fol lows. Wwit: $21,000 at the ena of six months, and the residue in fojrtlstalments. at intervals of ten months each?say 1st. 3?th Jmie, IW6,$2A,0?0 2d, 29rfi April, IM7, oue-fourth of the remainder. 3d, 2"tth February. 1848, one-fourth of do. 4th, the Wth of December, 18)8, one-fourth of do. 5th, [health of October, 1819, one-fourth of do Tlie cost of this Railroad and i's appurtenances, completed only live years since, was SI SOO.UOO?one half of which we borrowed; creatine a debt bearing interest, on lailure to pay which, a sale has become necessary. The grading, bridges,' depots, Sic. are executed in an excellent style of workmanship. Ca s run daily over ir, carrying the Mail of the United States, (it being a part of the Southern Metropolitan route,) at a coin l>eusalion of $100 per mile, or $1,700 |>er annum And, traver sing a fertile r,g,ou of country through eerly its whole length, its freights for the transport*' 1011 ol I rouueo and Mer chandize, independently of the receipts from Passengers, afford a considerable addition to the ordinary sources of profits on railroads. Though not, now, yielding a profit on the large sum expended iu its construction, its income lias been increasing for sonic time past, and it is confidently believed that it would produce a reasonable return upon a more moderate uinouut ol capital invested iu its purchase. I The sale will be made without reswve, at th? time and place aforesaid, at which those inclined to purchase, are nspectluliy invited to attend. The purchase money must be securedby bond with approved CHARLF.S L. H1NTON, Public Treasurer of the State of Narth Carolina, and Special Commissioner of the Court of Kquity, iu this cause. Raleigh, N. C., October 6, IH5. The following papers will insert the foregoing adver tisement 60 day%, and forward their bills for payment, with a pap'rcontaining the same, to the subscriber: Bostou Atlas, Sew York Herald. Baltimore Patriot. Philadelphia U. Stales Ouette, Richmond Knqnirermid Richmond Whig, Charleston Courier. Mobile Advertiser, New Orleans Picayuue, au'l N.C. Standard. C. L. H. oil 1m TT> PKUPLKS LINK OK STEAMBOAT* FOR ALBANY?Daily. Sundays Kxceprid? -2MaaaMHMBE>Throngh Direct?At# o clock 1. il.from the pier between Conrtlandt and Liberty streets Steamboat KNICKERBOCKKR, Capt A. Houghton, will leave on Monday, Wednesday and Friday ercinugs. at C o'clock. Steamboat HENDR1K HUDSON, Capt. R. O. Crntten den, will leave on Tuesday, Thursday and Saturday evenings, at (o'clock. At 4 o'clock P. M., Landing at Intermediate Places?From thefeot of Barclay street? p Steamboat COLUMBIA, Capt. Wm. H. Peck, will leave on Monday, Wednesday, Kriday and Sunday afternoons, at 4 Steamboat SOUTH AMERICA, Capt. L. W. Braioard, lean son Tuesday, Thursday and Sntarday afternoons, at 4 o'clock. Passengers taking either of the above Lines will airire in Albany m ample time lor the morning train of cars lor the east or west. The Ho ts are new i.ud substantial, are furnished with new and elegant state rooms, and for speed and accommo dations are uurivalled on the Hudson. Freight taken at moderate rates. All persons nr<? forbid trusting any of the Boats of thia line, without a writtOJ order from the Captains or Ageuts, For Paaauge or Freight apply ou board the Bonis, or to n2t tfr P. C. SCHULTZ. at ihe Office on the Wharf. REGULAR U. S. MAIL. LINKS HETWEEN CINCINNATI AND LOUISVILLE. MORNING LINK ut 10 o'clock A. M. BEN hnANKLINNe.7, J. B. Summons, .master PIKE No. 8. J Arm .ring, master F.VFN IN i LINK at6 o'clock P M. SIMON KKNTON, W. McClain, master. 15UN KRANKLIN No.?, W. McClellau, master. These boats,forming two daily lines, will run regularly, lea viu,t punctually at ihe hour, and will take freight and passeu geis to and from interrnediste landings, at the usukI rates. Freight will be received for theae tinea at the Mail Wharf Boat, foot ol Broadway. K.very i ffort will be used to accommodate shippera and paa sengers. STRADF.R k GORMAN, ) . ol 1m*rrc ROOKRS fc SHKRLOCK, NOTJCK STATE N ISLAND FERRY, FOOT OF WHITEHALL STREET. On and after Mmidav, November 11th. the Seats on this Ker ry, will leave New York nnd Stateu Island as follows uutil farther notice:? Leave tiraten Island. Leave New York. *>* A.M. 9 A.M. 10 do II do 12 M. I P.M. a P.M. 3*4 do 4,Si 5 do N. B ?All freight at the riak of the owners thereof. nlrc NOTICE?H( )UR CHANGED. THE U. 8. MAIL LINK FOR ALBANY MjjgJ'aiiil the Intermediate Laudiugs, on and after ^JHDIL Wednesday, Oct. 72J. will leave the foot of i> street for Albany, Dally,at 4 P. M. instead ol five, as fore. o22 ""^TcTw liuKh, AIjIIAN y and tkov line. , f OH ALBANY AND TBOY DIRECT. i^^K|*pegPfmm the pier at the foot of Conrtlandt ^^CSBUK>street. ... the I'assaulters taking this boat will arrive in time to takeorth Morning Train of Cars from Troy west to Buffalo, and n lo Saratoga and Lake Ueorge. The low pressure steamboat EMPIRE, Captain R. B. Ma ty, every Tneariev. Tharsday and Saturday at tt o'clock i ll* irnboul COLUMBIA, Captain Wm. H. Peck.eyeiy Monday, Wednesday and Friday afternoon, at 6 o'clock. eor I'assnge or Freight apply on board, or to C. Clark, at the ofhc* o? "I'*" Freight taken ou the moit reasonable terms. Freight innst he pot in charge of tne Freight Agent, or the coin, u will not he lospoiisible lor loss No freinlit taken alter i o clock. FOlt SAU GERTIES ANU CATaKlL. THE Splendid Steamboat JAM LS MADI SON, Capt F. J. t < |'|>erty, will leave the ft) it ^of Crilar street, every ,\ii,iid?y, Wrdursd.iv, ,?o fi.iiurua> at 6 o'clock, I'M- I'or freight or passage, apply ou hoaul, orto.O. F. Wsiuvtfighl, Agent, on the wharf, s i m * me PA( K ET8 IIAVlir,?-Second Line.? I he packet ship B?/TIMOHE, Capt John Johnson flHb', will sail on iho 1st ol Decemner. For freight or Sn?plTto ?BWVD It HlNCKFiN, nitre No. ? Tontine Ba lding, II Wallet, JOHN HERDMAN it CO , United States suit <in-at Britain and Ireland Emigrant Office, 81 South street, New York HERDMAV. K KEN AN St C LirerjiooL Passage to and from Ureal ttrifin ami Irelau I I via Liverpool) by th? regular t'aclirf Ships sailing evury five days. The subscribers in calling the att' iitiou nf old countrymen auii llie public generally to their unequal'ed arraiiiiements for bringing i>nt |wuii|(ri from the old country^ beg to stale tint after tins y--ar the business of the House at Liverpool w ill be couductrd bv it> Branch. Th'i*e ae.idling for their Irieuds will at one* ?ue tli# gre .t import seek of this arraug intent. a-, it will preclude an unnecessary de'ay of the emigrant. The ships?ni ployed in this Line are well 1-nnwu to be the first and U geat el'ss. commanded by men ofeiperiencej aud as thrv sail every lire days, an . offer every fic I itv that cau be furnished. With tin.-, superior arrangements, the subscribers look forward for a continuation of tint patronage winch has been so libei&lly I' I funded 10 them for so in any years past. Incase anv of those ei.g igrd do Dot embark, the patsuge money will bo lefutnled as customary. For farther particular* apply by letter, postpaid. J DM AN fc CO., 01 South street, New \ ork. HERDMAN, KEEN AN 4c CO, Liverpool. N. B.?Draft* for anv amount can as usual be furnished, payable ?t all the principal Banking Institutions throuKhout the Umted K'tigdom. on application as ' bore i 21 re BOSTON STEAMERS FOR HALIFAX AND LIVERPOOL. THE Royal Mail Steam Ships BRITAN NIA and > AM BRI A will leir<* Boston lot I the above ports, ns follows, viz'? The Britannia, J. Hewi't,Commander, on the 1st Dec. The Cambria, C.H.E Judkius, Commander, ou the 16th Nov. Passage to Halifax 3P. Passage to Liverpool $130. For freight or passage, apply to D BRIOHAM, Jr., Agent, 6 Wr.ll st. No Berth secured until paid for. n2J in FOR LONDON-The splendid packet shii. ISAAC ' AL1.EHTON, Cant. Torrv, will positively sail on Wednesday, *,ti, November, tan sconunodet* sfew secjind cabin passenger* in a house on deck, at steerage rates. For passage m cabin or the above place, apply ou board, fool of Dover street, or to J. HERDMAN & CO., n25re 61 South St., near Wall at. FOR LIVERPWOL.?Th splendid packet ship HENR^ PRATT, Captain Hartley, of 1000 ton* burthen, will positively sail on W ednesdayy.he 2fitli ovember, her regular day She has two splendid large aud commodious houses ou deck, lor second cabin passenger which will be takeu at steerage rates. For passage in cabin, or the above places, please apply ou board, at Judd's Wharf, foot of Catherine Market, or to JOHN HERDMAN It CO. nU 61 South St., near Wall St. NEW ORLEANS LINE OK PACKETS?To sail positively on the 2otli inst and 1st December ? iTIie well kuowu fast k oling and favorite packet ship VR KatiUftU, Capt Berry, will sail positively on Wednes day, 26'h ins'.; and the packet ship JOIJN MINTURN on 1st December: also, the well knowu packet ship LOUISVILLE, on 1st December. The above packets, belonging to the only "regular line" sailing bet wen this port and New Orleans, will sail punctually as advertiwd; and have accommodations unsurpassed for cabin, second c.abin and *tccrhge passengers. Persons about proceed ing to the above port should inspect the accommodntiuns of these snips. To ecure berths, applv ou board the ships, or to W. <x J. T. TAP8COTT, 76 South street, n2^nc corner Maiden lane l'A< KET For MARSElLLEtHtii 1st Dec. The ship CORIOL'xNtJS, Capunft Tames Hole, will sail as above. For freight or passage apply to HOY D it HINCKEN, Agents, 9 Tontine Bindings. or to CHAMBERLAIN St PHELPS, 103 Front street. FOR SALE, FRi-.IOHTOR CHARTKit.?The vary fast sailing packet ship LOl'iSVILLE, 513 tons. .Claries liOO bales New Orleans Cotton; vi m built in this city, with lire oak and locust top; newly eoppered and patent felted. Has handsome accommodations for 21 imssttu gers. Apply to E. K COLLINS It CO. o30 Mi South street.1* FOR LI VERPOCij?N.'w Linn--Kcgnla^Pacgf i of the 26th Nov.?The elegant fast sailiug Packet .jShii) ROSCIU8, A. Eldndge, master, of 110C tons, will sail as above, her regular da). For freight or passage, having accommodations unequal I-?d for splendor or comfort, apply on bi (I'd, nt Orleans wharf, foot il Wall street, or to E K. COLLINS it CO., 56 South street. Price of passage $100. The elegaut last sailing packet ship Siddons, E. B. Cobb master, of 1100 tons, will succeed the Rotiius and sail 26th Dec., her regular day ?30 ~ LONDON LINE OF PACKETS?--Packet of the 1st of Deeeinbsr?The splendid pack ' ship PRINCt. jALBERT, Wm S Sebor, master willsiil as above, hei regular day. Having superior accommodations for cabin, second cabin and steerage passengers, persons wishing to embark *!>ouId niuk> immediate application ou hi ard, loot ol Maiden bine, or to the subscriber, JOSEPH MeMURRAV, Corner of Pine oid South streets, New York. Thr Packet Ship ST. JAN1CS, F R Mver master, will sue Ceed the PRINCE ALBERT, uid sail ou the first of January her r?gtil?r day. P. S.?Persous wishing to send lor friend*, can have them brought ou? to tins country by the above iirfeiidnl ship, or any of the line, sailing from Lnudoii ou the 7tli, !7ih and 27th ol each ui.xi'b b\ afi'lyiug as above. nlSK FOR"SALET^O CLOSE A CONCERN.?The fvfjXVLine of Liyerpixil Packets, consisting of the shils MMigHbHos< ius, Siddons, Sheridan and (Jarrick. They were built in this city by llrowu St Bell, with unusual care; lor mo dels, materials (a very large proportion of their flames beiug live oaa ) and workmanship, they are unsurpassed, if not u;ie 'ualled. Salted on the slocks and re-salt-d every vear since, l'hair accommodations for passengers are very extensive and hai.dso:iiely furuished. Apply to E. K. COLLINS it CO., 56 South st JSC PILOTING. OWLN PKKSUO'lT, Pilot between the port of N ^York.uid .ill tin- tuirra purrs to Boston, Ma* Harbor, BiaNew l.ondou,Stouingtou, Newport,I'rovideiice_,New T'J, Nantucket Shoidi^auuall ports as far h.astas thekenue lire Kiver. Orders left at K. L Shaw s Nautical Store, corimi ii. Beekm.m and Water street, or to Adams' t-i. rni, Boston, three days before wanted. N.B.?Takes charge as Muter, if (eqnired. Satisfactory re ference. tic., Ike. iiU2w*iric FOR LI V KHPOOL? Regular Pixket of fitu Dec ?The siileiidid packet ship ASHBURTON, Win iHowlana, m ister,will sail as above, being her recu l<r day. Having very superior accommodations frr cabin, second ca bin ind steerage passengers, persosis wishing to embark ?houid make early application on board.foot of Maiden Lane, or to JOSKPH McMURRAY, Comer of Pine and South streets, N. T. The new and elegant packet ship Henry Clay, fcxra Nye, mas'er, will succeed the Ailibur.on, and sail the 8th of Jauua ry, her regular day. P. S? Persons wishing to seud for their friends, can havf them brought out on the most reasoable terms, by the abovr IP endiil packets, by applying as above. nljrc PACKET SHIP SIUDONS, Know LIVERPOOL, ^ discharging uwler general order at Orleans wharf, foot of Wall s*eet. Consignees will please .ittrnd to the receipt o t'leir g?od? immediately. u2J HOSf- MILL OXAlfliKB, Mth street, Deiweel ?d and 3d Avenues, and nearly opposite Bull's Head ,.Jtiat arrived from the country, and for sale nt thi ihovestaulea, SO Horses, among which are four fast trottiu* , horses, 2 taut pacing do., several jmirs furm horses, some tint cart aorses, a few good road aud stage horses, and shippers, i s3 2m*rrc R. H. NORTHRUP, Proprietor. A A SPLENDID SELECTION OF PARLOR PLANTS, ?yjk CONSISTING of Camillas, Roses, Daphnes, Azalia. JntLemiin aud Orau|te Trees, Violets, and a great many ^iW 'ther fine Plants lor sale cheap at the establishment ol i ti.'ii Ik llauser, Horists, corner of JOth street aud Blooming dalt Road. Also, Bouquets, put up for paities. balls and Weddings, taitef." IIy arranged with fresh flowers, delivered to any | ait of the city free of expense. Orders left at .Mr. Cor I miers', 197 Walker street, will be punctually attended to. Or ders to be left in the morning when Bouquets are wanted for rli: evening. Bouquets made of sweet violet only, if so de sirfd_ n22 Iw'r fif HATS m" iJL SUPERIOR TO ANY JJL if~EYKR BKFORfc A1ADK IN THIS COUNTRY [MIF. SUBSCRI UKRS having lately effected, through their L agent in Paris, the purchase of the entire quantity of >-ilk Plush, for which the manufacturers received the gold medal, at the late fairs in that city, are now manufacturing Hats, which, upon examination, will conviuce the most sceptical, are superior to any ever before made lu this country. Also received, an assortment of the patent Mechanics' Hats, made by the best manufacturers iu Pans, being well adapted for travellers, constructed to as to shut up in a small compass, or formed in a hat iu as soon time as a person can put on his hat. Dealeis and others supplied with the different qualities ol Hats, at as low prices if not lower than by any other manufac turers. A. HALL k SON, 202 Greenwich street, n2t lw*mc between Barclay and Vesey streets. ROBERTSON'S CI PHQCNIX ? HAT AND CAP MANUFACTORY, lO.l Kill ton at., between V\ 111 lit in and Kanaati. The success which has attended the eflorts of the Proprietor of this establishment to introduce into use a superior article at an extremely low price encourages him to make increased ex T ertious to merit the patronage of the public. The peculiarity of his system of conducting business consists iu the establish ment of the most rigid economy in its various departments, as well as in an invariable adhereuce to "cash on delivery," re I leved from the oppressive expeuces of the more extravagant craftsmen of Broadway and subjected to none of those losses which are the certain accompaniment of the ' credit 1 rinciple." He is enabled to offer the different articles in his liue at the following reduced rates:? HATS. If irstQuality Nutria Fur, $1,50 I Kirst Quality Moleskin, 93.00 S.cond do do do 3,0o | Sec md do do 2,Mi CAPS. First Quality Cloth $l,J0 Second do do 1,10 Third do do 74 u4 lm*r rjT_ONK PRICK.?BROVVN Ik CO 171 Chatham square, corner of Mott si. wish to inform the public of their recent im|>roremeut in the manufacture and finish of their THKKK HOLLAR HATS, which retain a beautiful rich lustre, and will compare wHI with those more costly. The proprietors are coufldrutthat they can furnish hats far superior to ajiy^ieietofore sold for the same jince. A lull assortment ol Fancy Kurs, also Fur Cloth; Mohair, Olsied, M'kaml Fancy WAPS, several new patterns, much adiuired, sold at reduced prices, wholesale and retail. o29 1 m*mc PREMIUM BOOTS. . KINK, FRLNI B BOOTS lor ?3JO,city made, and for M style and durability, tliev arc to those sold iu other jl stores for $J. Fine trench Premium Imperial Dies* Boots lor tl JO, equai to those u?w in other slores for >0 or $7, hi lOUMlltJdNK'H French Hoot ami Shoe manulactory, one of the most fashionable establishments in Jus city. Our boots having tieeu judged in tbe Iste Fair at Niblo'., are said tu be the h.-?| boou lor the price e?i r sold in this country. Also, ; a superior new styl? French Dancing Gaiters, .uid overshoes, c> i stautly on hand. All goods warranted to give satisfictian. Boots and Hhoes inaile tu order in the shortest no ice Mending done ill the ?lore- , YOUNG It JON KB, 4 Ann street, n7 Inn re near Itioa lway, New York HIDES, HIDES, HIDES. JOHN HVMN, 2i4l Kii7.itheth ?trtn, will iiav fi premiuin of ten ccnupei hidcuboft ih? hishr?i marktt piict. on ?*! hide* not hiricf the throat c?t, the cattle beina siuck in ?itafhiennf. Aljp, the big heat murktt piice lor Calf Hkltit, I Bheep oktnt, and rat. BU rc Commutation of 1'uiilnlimriit of Van Steen liut'Kli an<l o't ouiu i. ElKCUTIVK ClUMhKH, ) Ai.banv, 'JlM November, 1S4S. $ (Jriiknk Moorc, Kit., Sheriff of Dtlawart County ? Sir?The official report* of ttie testimony, given upon 'he trials ol Jonn Van Stuenburgh and Kd ward O'Connor, lately convicted, before the Court of Oyer and Terminer, of your county, of the murder of Osinan N Steele, have been placed in my hands by the ( irruit Judge. These reports, the statute make* it my duty carefully to examine, independently ofany applica tion to interfere with tbe sentences ol the prl?oner?, and givoi me authority to require tho opinioi ihoreon ol the Chancellor, the .Justices cf the Supreme Court, and th3 Attorney General, or any of them. Upon both of these trials, the question of law wai raised, whether being present at tin; tiinqofthis murder, aimed and disguised, and engage I in resinting the exe cution of tho law, in the manner particularly described in the act of the lust suasion, entitled "an act to prevent persons appearing disguised and armed," was a "felo ny," within tho true intent and rntv<iiing of our statutes The Court ol Oyer and Terminer decided that the<? acts did constitute a "felony," and, therefore, that the defend ants, if guiltyof them, weie guilty of tho murder, by the terms of the Jd sub-division of section four of tho Revised Statutes. Vol ?}, page 6o7, ?jvhich enacts that the killing of a human being, when perp ,'trated without any design to efleet death, by a person engaged in the commissi jn of a "felony " shall be murder Upon the trial of O'Conner, testimony given by him belore the Grand Jury, upon the examination of the cuse ol another person charged with this minder, was offered in evidence ngaiust himself His counsel objected to the as inadmissible, because he was called to testi fy before a tribunal where lie could not lie allowed counsel to advise him as to bis rights and liabilities, and where there was no Court to caution him not to answer questions which would criminate himself. The Court ot Oyer and Terminer overruled the objections and ad mitted the evidence. On all occasions of this sort, I have felt it to be my duty to avail myself of the advice of tho Attorney Gene ral and Judges, separately from the particular submis sion to them of any questions of law, which may have been raised upon u trial for murder. In these cases a desire for this advice upon these questions would have rendered certain my submission ol the reports to them, or as many of them as 1 could conveniently reach, had I not been particularly urged to do so; but one of the counsel for the defendants presented these questions to me. argued them before me, and urgently requested me to submit them to the Justices of the Supreme Court for their opinion. l'hu reports of the Circuit Judge have been submitted generally to theso Judges, and their attention particular ly drawn to the two questions of law before stated. They have expressed their opinions fully and unanimously upon both, sustaining tho derision of tho Court of Oyer arid Terminer in each case. I am f ree to say that, after full examination and reflection, I find myself compelled to come to the same conclusion, that the Court ol Oyer and Terminer decided both of these points correctly. This forces upon mo to the further conclusion,that the trials and convictions of these defendants were regular and in conformity to the law; and.the testimony leaving no doubt upon my mind that they were both present at the murder of Steele, armed and disguised, and engaged in resisting the execution of the law by tho ShenfV, th it they are both legally guilty of that murder. The ver dicts of the juries, therefore, in caoh of the cases, 1 consider fully sustained by the law and tho facts. I have found it exceedingly difficult to persuade my self that I can consistently with a proper discharge of my public duty, go any farther in considering the ques tion of interference on my part, with the sentences, which the luw has pronounced upon these unfortunate and misguided men. Vet the cases are so novel nnd extraordinary, and the evidences before ine are so abundant, ol the existence of u deep and wide spread public feeling, demanding a fur ther examination into the lacts and circumstances of these convictions, and into the more minute relations ol the'e defendants to that bloody tragedy, that I have felt constrained to step over this limit, and take a more en larged view of the momentous question thus pressed upon me. A must cold, deliberate and cruel murder was com | mitted, in the open day, and in the miilst of a vast con course of the citizens of this State; and, beyond some I five or six, thero was not n man to raise his hand or his > voice against the bloody deed, while hundreds were ac | tive and guilty participators, directly or remote I ly, in the dreadful crime. These were citizens of our State, assembled, with arms in their hands, not to defend our free institutions, but to heat tlieni down by force ; not to tiustain the Conati tution and the law, but to violate both. Tb? otl'ence, and the only offence, of their victim was that he had exerted himself, upon former occasions, and was then exerting himself, as a public otticer of the State, to perform the public duty appropriately assigned to him, mid thus to discharge himself lrotn the obligution of the solemn oath upon his conscience. It is not true, as has been asserted, that the assault upon Steele was provok ed, or invited, by a fire trom himself upon the disguised lien; as the testimony upon the trial ot O'Conner, posi tively establishes the fact that his pistol war. not dis charged at nil upon that occasion. The oflence against the law and its officers, which moved this body of citi zens to armed and bloody resistance against them, iu truth was that they were to be compelled to fulfil their own voluntary contracts, and to pay debts, which they had acknowledged themselves, by tho most solemn le gal obligations, justly to owe. In this armed resistance to the laws, thus induced, weie engaged the aged, the middle aged and the young; the wealthy, the men of moderate means, and the poor; the influential and the obscure; and they carried their resistance to murder. These are the simplo facts ol the history, undisputed and indisputable. The whole public mind was shocked, anil every man, whose moral principles were not perverted, whose love ot peace and order and law were not paralixed, rushed to the aid of the civil otlicei s. The guilty were pursued and brought forth from their hiding places to answer before . If ended and violated justice, for their crimes agu:ust tno peace and rights and live* of their follow citi/.ens. They numbered hundreds, some thirty ormoie id' whom had been arrested and placed within the custo dy ol the law, ullof whom were indicted lor the mur der The most sanguinary executois of the Ibws of acivil iz?d Statu would not, a* tniu day, have contemplated the I'Xccutiou of even this number of men for this single murder; and yet the majority of the guilty, and among tliem, those believed to be the most guilty, both as in stigators and perpetrators of the crime, were at large, having fled beyond the reach of process, or secroted themselves too securely for the vigilance of the minis ters of justice. Under these circumstances, the Court of Oyer and Ter miner assembled at Delhi, to make this lourtuljail de livery. The responsibilities resting upon the public I prosecutor* and the court, were immense. Tiiey wore in the miust of an alarmed, excited, and to a great ex tent, impassioned community. Their first duty was to sustain the supremacy ot the laws. Their second, as far as it cot'ld be done by their action, to restore peace and order and harmony to a broken aiid distracted soci ety. The public wish and expectation naturally was that the severity of punishment should be visited upon the leHdeis in the disturbances, and the actual perpetrators of the death; upon the influential commanders, and uot their obscure followers. The standing and the acts of the respective criminal parties were not before the pub lic, and, as a very natural consequence, its impressions I as to ttie legal guilt of the various individuals implies | ted, followed its judgment of tlio moral guilt of each, | formed from their apparent relations to the crime. The i reflection was not generally made, that he who had the . deepest and most direct iuterest, who exerted the strong est influence in bringing together that illegal assemblage of armed men, and iu exciting their passions to the point ol murder, might have been sagacious enough not to have presented himself upon the bloody field, not to have disguised and armed himself, and not to have taken part in the commission of the felony, which must pre cede, and lay the foundation for the guilt of murder. It was not sufficiently remembered that the leaders in all groundless and criminal insurrections, those who aie Uil ly aware of tho whele length and breadth of ti-e guilt to bo incurred, are too apt to be absent in the hour, of execution of their criminal plans, and leave the liability to punishment upon their less guilty dupes. The examinations before the ?oroner'sjiiry, and before the grand inquest ol the county, proved to the public prosecutors, and to the court, that the principal leadeis in this insurrection, to a very great extent, had observed the cautions so common to meu occupy ing similar posi tions, and had kept themselves lrotn the scene ot this murder, or made good their escape beyond the reach of process. These legal and judicial officers were well aware that ail piesent,disguised and armed, and engaged in resisting the sheriU, were legally guilty of the mur der; bat tliey were as well aware that nearly the whole number of those indicted tor the murder weie so present, and consequently legally guilty of the crime ; and that the conviction and execution of any such number, whs out ot the question. It was natural, therefore, that they should have stu died the facts developed upon these two preliminary ex. aminations, with the utmost care, and the closest scruti ny, that they might determine who, among the persons indicted ana in custody, and unquestionably legally guilty, were the most guilty in lact, aod in the lignt of a sound moral judgment. It was equally natural, that the question, who among the prisoners actually fired his gun upon the murdered man, should have been a leading and anxious inquiry. it must not'.be forgotten, either, that the testimony et the sheriff and all those who weie present with him, ta ken upon the preliminary examinations, had shown that the disguises wero too pertect for their scrutiny; that they could identify no one of the many persons, who fired upon the horses and men, in their lull view and within a few leet 01 tlutjr persons; and that tho testimony which had been obljffflN, by way of personal identifica tion, and which could be developed upon the trials upon

which they were to enter, must be drawn from unwilling witnesses, parties to the felony and the murder, and meu whose every leeling and interest and prejudice, must be < with the defendants. The examinations and inquiries ot the prosecuting counsel induced the belief in their minds that Van Steeu burgh and O'Connor were among tho number of per sons who fired their guns, at the timo of the murder} and they wore led to expect, trom what they could ga ther from the sources ol inlotmatioii abovu alluded to, that thoy should be able to adduce evidence upon tho trials, .sufficient to establish the same belief in the minds of tho jury. As to no other of the persons in custody could they collect information, which authorised them to believe that the individual was one of those who fired, much less to hope that they could bring before a jury evidence to establish that fact. Hence the trial of Van Hteenburgh end O'Conner for this murder, while from otheis known to have been pre sent, armed and disguiaod, and participators in the resist ance to the sheriff, ploas ol guilt fur manalaughter in the different degrees wore accepted. < ircumsWnces developad iu the testimony, in V'aa Stcwibtirgh's cum, i v * * 11 oil the part ol tho prosecution, favored tery much the beliet tint he was one of those who fired; tiut the crosser. animations nnd the testimony for tho defence, presented facts which may explain these ciicumstances, and togetuer with tt.e fact that he is not shown by tho testimony, at any time, to hate mado expressions approving of, or juntil'}ing the mur der, neceiadiily ?huk? thin belief, and leave that point iu doubt ilis conviction, therefore, appears to ine to rust upon the broad grouud ot tiis being prescut, itrmed and dis guised, and engaged in the commission ot the felonv, and, therefore, gmltv of the murder, under the 3d ?ub division of the 4th section of the Revised Statutes. before referred to If this ho so, he stood upon a par with all those indicted and in custody, who weiu present, armed and disguised, at that Kale. ai.J tl'oro does not appear to be any more reason for visiting up"n fiim the e*treme severity of punishment, than upou uny ono oftue oth'.rs, who were permitted to lead to minor offenens, and to re ceive lighter punishment. Are there reasons, which should have distinguished him favorably Irom sotno of those, upou whom the pun ishment of imprisonment only hi>s neen inflicted 1 He is represented to mo as u young man, only ahout twen ty-two years of age ; almost wi:lioui education, scarcely able to re* I and not aide to write at all ; in force an 1 activity of inteIio<*t below mediocrity ; ontiielv poor tin! destitute of real or personal estate of uny descrip tion. lie) oud his very moderate wearing apparel ; and obtaining his living by working for wages by the month These representations, as to this defendant, come to me from sources which I im bound to credit, and they (dace him in a position in life, and in society, wh<-re it is im possible to believe that he can have averted any mate rial influence, beyond his single personal c.i-o; eration, to oiiginate this insurrection, or to give it direction ; but on tho contrary, force th? conviction upon the mind that he has been tho subject of a superior influence, and the instrument of a superior intellect Had tfie facts in this case been known to the prosecu cuting counsel exactly as they appear upou the judge's roport of the testimony, and had his standing and charac ter been displayed to them iu the manner they are rep resented to me. as I have repeated. I entertain no doubt that he would have been permitted to enter his plea to the charge of manslaughter, without u remonstrance, and that some more commanding culprit would hai e been selected for trial for the murder The belief that he was one who actually tired, it appears plain to me, nut him upon his fatal trial, as fatal it must be, for all in like condition were legally guilty Tho jurors, in this case, have addressed to mean ap plication in reference to this defendant, iu the following words : ? " To His Excrllrncy Silas Wright, Governor of the Si,tit of New York : "The undersigned, members of the Jury on the trial of John Van Stoenburgh, convicted as one of the mur derers ot Osman N. Steele, Ute Under Sheriff of the County of Delaware, do most lespectl'ully recommend him as a fit subject for the exercise of )our clemency : that they do not believe him to have been a ringleader on that occasion, and would most humbly beseech your Kxcellency to commute his punishment. Dated Octo ber 1, 184-5." This pupor bears the signatures of the twelve jurors, and enmo to me enclosed in a lettorfrom Peter IV Wright I Esq., the gentleman who acted as the agent of the land : lord at the sale, and who was one of the most material i witnesses for the prosecution upon this trial. Mr. Wright I states that the paper was drown up by him, at the request of the jury, immediately after the close of the trial, was 1 signed by tiiem, ami returned to him, with the request ! that he would make such use of it as should be thought , expedient Another paper has been handed to me, datod October 11, signed by eight of these sume jurors, much more full and detailed in ifj language, distinctly declaring that i the jury did not believe that the defendant was one of those who fired their guns, and that they rested their verdict upon tho express ground of tho law as given to ' them by the judge in his charge, that all those who i were present at tho sale, armed and disguised, were on | gaged in the perpetration ot a felony, and therefore wore guilty ot the murder, whether they designed to kill nny nerson or not. This paper, it is said, was circu lated and the signatures of the eight jurors obtained, before it was known to those circulating it that the wholo jury had signed the petition left with Mr. Wright, and that, after that knowledge was obtained, no effort was made to obtain the signatures of the four remaiiiing members of tho jury. The testimony, in tho caso ol O'Connor, appears to mo to be much stronger, and to develope facts and cir cumstances going much farther to show, if not a pre existing murderous design in his heart, at least a con tentment with, and approbation of, that fatal result, alter it had been produced, than that iu the case of S'an 1 Steeuburgb. There uie portions of the testimony susceptible of a I very unfavoiable construction towarcU this defendant, ' and especially in reforence to his extraordinary preca.i | tions against being known, anil his feelings, subsequent ; to the crime, in relation to the deed. Still, 1 am aware i tnat those who listen to testimouy us it is given, utid see the manner of the witnesses, are much the safest judges ol the weight to be given to their evidence, and of the i inferences to be justly drawn from the facts they relate. In this case, alio, the jury have spoken, beyond their verdict given in court, and have limited most materially the range of construction and inference, which might otheiwiso he opened by the reading of the Judge*' report. Eleven of the jurors have caused to be laid before me a statement, ovor their signatures, in the fol lowing words :? "DELAWARE OVER AND TERMINER. " Edward CP Conner ad j The I'roplt. ? " To the Governor of the State of New York : '? We the undersigned, tne jurors in thu case, respect j fully represent that the above named Edward O'Couner , wan convicted ol murder by our verdict on thu 11th day I ol October, 1845, at the Court of Oyer and Terminer now ! setting in and for the county of Delaware. He was I charged with being one ol the armed and disguised men preient at the shooting of Osiuan N. Steele, late under i Sheriff of the said county, on the 7th day of August last, j The proof was clear and positive that ho was not one of those who shot. At the time ot the tiling he was some i threo rods distant, and immediately quit tne ground and ' retired back with others several rod.-, and, alter a delay : ol some twenty minutes, started in company with them ! for homo. The Court charged tne jury that all the arm I ed and disguised persons, numbering some two hundred ! and lorty, who were on the ground, engaged in the riot, j weie guilty of a felony, and th?rolore gtiuty of murder, : and upon that chaige we found the prisoner guilty.? There was nothiug in the evidence to warrant tne belief ' that lie anticipated, encouraged, or approbated the firing, I or killing of Steele, or any one else, or the horses. We I believe ho had no murderous intention. His character ' irom hisyoutli up, with the exception of his participation ; in the affair of the 7th of August, and occasionally having I ilisguised, before the law against disguising passed, the | vtMih January last, was proven to have been good.? lie is about -a years of age Tho evidence that ne was among the disguised persons, on the 7th of August, was not positive. Cnderall the circumstances of this case, we believe that public justice would be better satisfied by a commutation ot his punishment to imprisonment in tho State Frison, and we hereby earnestly recommend to your Excelleney to interfere and save this man from the I awful doom of death." Accompanying this statement from the eleven jurors, was a letter Irom tho twelfth, in these words : " His Excellency Silas Wright, Governor of the State ol New York." Sir: ?Being called upon by the friends of Edward O' Connor, recently convicted ol murder, at a Court of Oy er and Terminer, held by his Honor Juilge f'arker, at Delhi, Delaware county, to sign a petition to your Ex cellency for a commutation of his punishment in the State Prison for lite, and being a juror in said Court and tiial, 1 did not think proper, on account of something set forth in said petition, to sign it with a majority ot my fellow jurors; and being willing and desirous that a com mutation of punishment in the State l'rison for lite might be extended to him, I do clueerfully ask for the same, if consistent with your Excellency's views and preroga tives." This strong appeal of the jury , immediately upon the pronunciation ot their verdict of guilty against this de fendant, coupled with their distinct and unequivocal in terpretation of the testimony in the cexo, upon all the material points, puts at rest any hope the publio prose cutors may have entertained of satisfying tne jury that O'l onner ftred upon the murdered man. The statement is equally conclusive as to the opinion of ihe jury, that no murderous intention governed O'Conner upon that occasion. This statement, it is true, is signed by eleven only of the jurors, but as the tweltth concurs tully with the ele vet. in their recommendation ot the commutation of the sentence, though without pointing out wheieiu he dis sents from tho paper signed by the eleven, it is tair to in ter that he adopts suca constructions of the evidence upon the material points as are essential te tho conclu sion in which all unite. i (eel constrained to state that, but for this atrong com munication from the jurors, 1 could not have put so favo rable a construction u|>ou the evidence in tma case, as this itatementcompols me to give to it; and it would not have been without serious difficulty that i should have discovered an authority to interfere and arrest the exe cution of this sentence. Hew lar I mn/ be right in permitting this statement of the jurors, nnde without oatn, to materially to modify the influence upon my action of their verdict upon oatn, has been a serious question with me, and may be with i others; but I have not been able to convince myself that ' I have the right to deny to the statement full authority, as truly expressing the beliefs and disbeliefs of the ju- | tors who have signed it, upon ceitain points of the testi- 1 inony particularly stated; and yielding so much to it, j brings thu conviction upon the came legal ground upon whic.n my own conclusions, lYom the report of thejudge, have placed that of Van Steenburgb. The conduct ol these jurors, in the jury box, being as they were, citir.ens of the same county, and enteitain ing. of course, the sympathies of citizens for their lei low citizens and neighbors; the firmness with which . the) pronounced their verdicts upon the law and the ( t<ict>, regardless of consequencos to themselves or others, has given to their subsequent statements, iu both of these cases, a greatly increased weight, in my lninif. The personal standing, and claim < to lavor, of this defendant, are very different irom those of Van Steen burgh. He is older by lour jearl; has a fair education; ' is intelligent, shiewd, and ex)ieiiuiiced beyond the ave iag?- ot young men ot his y>*ars, and in his circumstauces and condition ol life. He has, too, hold leading situa tions among the disguised men, and was elected a chief , by a small baud of tnem, whom in that capacity he led to the (dace ot the sale, on the very morning ol the j I murder. Yet, it doe* not appear that he acted as a chief , i upon tha ground, nor that h? has been in disguise, I previous t? this occasion, since the passage of the law, making it a crime to appear disguised and hi mod. Inasmuch, iicvrever, as I consider his case placed, bv the statements of the jurors, to which I have relerreJ, UdvUeh I have copied, upon the same 1'gal looting with that of \ tm steenburgh, I cannot find enough in the difference between the personal standing and influ ence 01 this defendant and that of Van Steenburgh, to authorise me to insist upon the execution of this sentence, if I interfere to arrest the execution ot the other Considering ths '.wo cases - again together, therefore, and as standing upon the R?tne tooting tor the purpose of my action, I am bound to issunie that theso defendants are not among thos* who fired upon the lamented Steele, and that their guilt consists in their being present,armed and disguised resisting the sheriff, winch made th6ic parties to the commission ?f the lelony, and in that way legally guilty of the murder There are those who did fire, who did actually com mit that cruel murder, and there are those who did lead, coMiand, and control that flagrant proceeding. ((i" beftuse these defendants aro not proved to have borne these relations to that daring crime, that the juries who tried them so rtinngly urge the commutation of their sentences And it Is uptfn thi? ground, as uuiform ly expressed, that so many of the eitizens of the State urge the same interposition. U pon tin* point there has been a hirmouy and a strength of expression, vary seldom witnessed upon a similar question. The feeling seems to be almost universal, that while so many were guilty of the actual killing of the lamented Steele, und so many more were principals in urging on, commanding I and directing those who were so guilty, a punishment in I the State Prison lor lift- is a sufficient degree of severity to be exercised towards those, who sta'id in the lecond degree of moral guilt, as only parties to the felony which I laid the foumlatiuo fur the murder. In speaking of the public expression, I refer more | especially to that, proceeding trom the counties removed i from the excitements which have brought aNiat this in | surrection, and from citi/.ens ot the highest standing and I respectability; ail of whom have a deep stake in tne pre set vation of public order, r.nd many of wiiom are directly and deeply interested In the ver? controversies which have led to these crimes. That ? trong feeling of sympathy for these defendants shoulu pre vailed in the counties pervaded by these excite ments, and a strong expression in their tavor should have come Irom them, were results to be antici pated j DQt that, from the counties i? here there has been but jne opinion end one voice in relation to these disturbances; where all resistance to the law has been viewed with unqualified disfavor; and where this mur der has been universally looked upon as the most aggra vated offence in our whole calendar of crime, a united voice in favor of the commutation of the sentences of these defendants should be expressed, was not so natu rally to have been etpected. Vet such has been the fact | in numerous insta neon; nnd it proves most clearly to me i that, while the published reports of these proceedings, . and especially ol these trials, have been anxiously scru tinised, and while the disposition and determination to I sustain the la v and punish crime are in no decree yield | ed, there is a jealous cure that no appearance of undue or unjust severity iu executing the law, shall afford a I cloak or apology for future violations. Thirteen persons are already undergoing their punish ment in the State Prison for this crime, four under sen tences for life, and nine, for terms varying from seven to ten years. In classification, these defendants are suppo sed to stand with the thirteen, and it seems to be consid | erod that thoir punishments should be assimilatsd to the most guilty of their class, and the extreme punishment of the law be reserved for those, whose moral as well as | legal guilt is without mitigation. This course, it is con i tidently asserted, will best promote the cause of law and | order, because it will avoid all pretext for a complaint ? that inequality, or injustice, has characterised the exe I cution ol the law. If I had not found the statements of the jurors in these I cases, and especially in the case of O'Conner, control i ling upon my action in this matter, these wide spread and strong expressions of a sound and unprejudiced nub j lie opinion, formed from a careful examination of the I testimony in the cases, as publicly reported, recommend . ing, as they do, the same commutations of the punish ments, would have added great weight to those state ments. The disposition, apparent upon the face of these expressions, to sustain the law, witn the least practica | hie degree of rigor, and to try the effect of lenity rather than severity, wherever there is a ground for reasonable | iiuestion as to the effect of the one or tho other, upon the I disturbed portion of the public mind, is worthy of an in ; telligent and patriotic people ; and should have weight i with their agents in the administration ol the laws. In addition to th?se reasons, inclining my mind to ' wards the commutation of these sentences, four of the 1 county Judges, who were members of the Oyer and Ter miner, at the time of the trials of these defendants, have, ' with a feeling houorable to their characters as judges, communicated to me the l.ict that ttiey nave oeen solicit | od to sign petitions for the commutation of these sen tences, and have declined to do so, not because their 1 minds were made up in favor of the execution ol the i defendants,* but because they did not consider it pro per or expedient that they should interfere with 1'ie sentences ot the court in that way. Thoy state that I their information, as to the recommendations of their re spective juriei, aud as to the expressions of the public I judgment, is not such as to enable them to form conclu | xions from thoso evidences; and that their impressions, | derived from the trials, would leave them in great doubt what advice they ought to give, if called upou to give i any, but they lacl it to be their duty to advise me that, j if my sense of public duty, from all the facts before mo, shall lead me to the conclusion to commute the sen tences, they shall most cheerfully concur in that deci sion. The remaining judge was absent from the State and could not be consulted. I regret to be compelled to say that the evidences be fore me do not authorize the belief that all disposition to resist the law ha* been surrendered; and I have no right to hope that there are not those, in the excited counties, who will seek to make the commutation of these sen tences the foundation for new encourgement to their de luded followers, who have been engaged in opposition to its execution. I will hope that such ettorts will be confin ed to tho few,and that the many,who havo been deceived and led away by unprincipled leaden and demagogues, have already seen enough of the unmixed evil ot their unlawful course, to satisty them that neither wealth.nor happiness, nor liberty, nor lecuiity are to be louud in that direction. If, however, this reasonable expectation shall bo dis appointed, and the commutation ot theso sentences shall be made an encouragement to larttier crimes, the public, as well as those entrusted with the execution ot the laws, will be cousoled by the reflection, that lenient means were tried and spurned, before the rule of extremest severity is adopted as tho only alternative. 1 have been urged t? hud a ground for commuting these sentences,in the consideration that the offences are politi cal,and therefore eutitled to a different, aud more lenient treatment, than ordinary offences of similar grades. To my nund this consideration presents no meliorated aspect ot thiJ murder, it I could, in my classification, call this insurrection, commenced and prosecuted to resist the collection oi admitted debts, a rebellion, or attempt at revolution of the State government, 1 should find, 1 fear, much more roam to add the crime ol treason to tho cata i logue already made up, than to discover a ground for in dulgence in its political character. 1 he other considerations, however, which' I have pre sented, have induced me, not without much hesitation, to conclude that the commutat.on of these sentences may he more beneficial to the cause of law and ordor, than . the execution of the defendants. If I have not mistaken that point, my public duty is plain, and iu performance ia enure accordance with the personal feelings which must prevail with every citizen, ^ut lor a Arm belief in ! its imperious necessity, no one would desire a public execution, and when there appears to be even an equal probability that a mitigated punishment may produce equally salutary results upon the gr?at interests of society involved, a trial ot the lenient course would 1 soem to me to be alike the dictate of duty and inclination I I have, therefore, decided to commute the sentonces ot the prisoners in your custody, John Van Steenbuigh and ludward O'Connor, from that of doalh, pronounced by the i court, to that of imprisonment in the State Prison, during ; the terms of their respective natural lives, an1 I shall | Mend you herewith the necessary papers to authorise you j to trausport them to, and deliver tuem at the proper pri i son. I am, very respectfully, \ our ob't servt, SI I, AM WRIGHT. iUlsccllanroiis. A party ol Uttawa Indians were in St. Louis on the I7th inst., on their way to the canehrakes of the South, lor the purpose of beer hunting. They reside on the Marais des I ygues, which is one of the tributaries of the Osage river. They are flne hunter-looking fel lows, and will no doubt come back laden with kar meat and wild honey. Their guide and interpreter is an intel I ligent Shawnee. | lien. Leslie Coombs is in Philadelphia. i The Kastern Choctaws, who are about removing West, will all of them come through Arkansas?cays j the / an Uurtu (.irk ) ItUtUigtncer ol the Mth inst?and enter their country through Fort (. offee, above us on the Arkansas Itiver. This, we apprehend, will create an oxcelleut market for our farmers, to which they can 1 drive their cattle and hogs, and bring their corn and 1 flour. ' >ur dates from Jamaica are to the lat mat. The population of the island i?; said to be decidedly on the decrease. The DupatcK attributes tha fact to tue aboli tion of slavery, by wh ch the children of the troed class are deprived ot the care and attention previously be stow n. The Hon. John Chambers, ex-Governor of Iowa, passed through Louisville threu or four days ago, on his way to Washington city. It is said that he will, on his arrival at Washington, make a damning exposition of the frauds and rascalities ol on*_or mora government agents who have been operating in Iowa. The Xorfolk Beacon complains of the severe droughth in that region, and also says that a disastrous Hre ha* been raging for three or four days, in the Dismal Swamp, near Deep Creak. A Committee ot the assignees of Myron Van Du sen, of Hudaen, ollor a reward of $l,AOO ,or l'10 recove ry of the sum of $7,900, supposed to have been stolen irom Mr. Van Uusen, on his passage to New Voik, on the 4th October last. The Assistant Vice Chancellor of the first circuit will hold a court ol chancery, at the Capitol, In Albany, ou the second Monday of January next, lor the purpose of hearing causes pending belore, or referred to the Vice < hanceliorof the third circuit. Memphis, in Tenneasee, is a growing place. 8ix hundred buildings were erected there this year. Up wards ol I4.'>,00<) hale* of cotton will be shipped this season. Flaach, on trial, for the murder ot Ly?n?, in Charleston, 8. C.p has bean aoqultted Police Intelligence. Nov. 25.? Mercantile Pur mitt?Kite flying.?It it id eitablirhed fact which ha* been, and will he for centu ries to como, in all Urge cuius especially in the great city of New York--for a class of men to anrich them selves on the labor an 1 ind'istry of their neighbor*. There ii at present in thii city, and has been for a long time, a gang of those swindling vagabond*, who are entirely destitute of principle, or in fact of any point which constitute! an honest man. It would ba wall, for the information of the public,just to itate or gire * slight sketch of the mode they adopt in carrying out their oper ations. Kor instance, ? store is opened in South street, with a large aigu of A. B. or C. at Co., commission mer chants?then one of the flrrn might be seen in one of the cities 011 the Hudson-river, purchasing of all who will iell--say lots of potatoes, pork, lard, or even bay and brooms, endeavoring to mako a clean iwHp, forth* pay ment of which ? dr,il't is drawn on this substantial house in New York. This draft is of course always accepted, but very seldom paid ?only iu r. o cases of necessity. Other members of this Arm, uf which mere are qoite a [ number of "outsiders'' as well at -'insi Urs,'' are sent south aail west to negotiate in the like manner, all play | ing into the hands of each othei. a.\1 forwarding all t'.i? iroperty they can obtain in this way to the "fence,''their issd quarters in New York, wnero, upon the receipt of the goodn, they are immediately sunt to a irtiou and sold just for what they w<U letch, and the proceeds diri led i amongst them. They have, however, ia counm*tiou wr.h I their swindling shops.several agents to do all tne "fancy" work and all such ether "finings'" as may be thought ex pedient, and ten I to keep It from the hands ol the police In our rambling abont town the other 'lay. we heard of one of tne vi ": at who had Utely been fleeced out of be tween five a.iJ six hundr* I .1 tllars.w.iereupoii the agent* were calle I in to do up the "Axing*." Kiuding, however, that the matter was becoming rather too near the ear* of the police, that* worthy' agents finally handod btck the | property upon the small consideration of receiving twenty-five per cent or thereabouts We thus show the i modut operandi of this business, to place oar ! southern and western merchants somewhat on their ' guard,by laying bcfer? them tne system of "kite-flying" I adopted by this ejass of swindlers. i Constructive Larceny ? Silius Constant was arrested early this morning, by Prince John Davis, charged with defrauding Mr. C. H. Fellows of $2S. It appear* that I '?>. (?'allows is a lamp manufacturer, No. S7 Beekman j street, and Constant has been in the habit of purchasing lamps front Mr. t allows, to peddle about the country when, in the latter part of last August, on a Saturday I night, Constant carno into the store of Fellows, and hex ' ged the loan of $U.i, and gave his check for that amount, on the American Exchange Bank, saying, at the same time, that he had money deposited there, to meet it? when, upon presenting the check, Mr. Fellow* ascer tained hi* stoiy to be entirely falsn; consequently he made complaint, before Justice Drinker, who granted a warrant ror his arrest. Committed. Pettit Larcenies.?Mary Smith was arrested, last night, for stealing shoes, and u pair of corsets, irom Mr*. Hut tus. Committed. Mary Kiley wa* caught stealing sundry articles of clo thing, from Stilla Maires, 29 Canal st. Locked up. Burglary.?The dwelling house of Mr. Robinson, cor ner of Bayard and Christie streets, was entered, yester | day, hy some burglarious scoundrel, an 1 robbed of a 1 quantity of silver table an 1 tea spoons, sugar tongs, and two gold finger rings: also, $400 in specie ana bank bill*. No arrest. Jl Friendly Vitit.?We observed the former wife of old Jim Smith, alias Honeyman, in the Police Office, yester day. She is also tho sister of Win. Parkinson, who was . convicted, last week, for robbing the Clinton barge of *34,CKJC. What 'a in the wind? She has been living, for J some years pn"t, near Rochester, in this State. Struck IVitha Hatchet. ?The Police Offices were in a very quiet state, yesterday, considering the chilly wea J ther, and the vast number ol rum holes which stare you ] in the fuce, on every corner. However, we witnessed J one bloody scene at the Tombs, and that, we believe. ' was all that transpired through the day. It ap|iear* that one John Coyle, and John McCue, No. 9 Pell street, got into a drunken dispute, respecting the celebration of the day. One said the British ran out of New York, and the i other swore that they backed genteely out?when werd | for word at last came to blows, and at it they went?when ' John Coyle, being the strongest man of the two, got ? 1 lick on the head irom McCue, with a hatchet?his ikull being too thick to crack, laid him flat on hi* back.? However, the Policemen brought him in reeking with blood, and John Coyle was lock up for trial. That's food? Court of Chancery. before the Vice Chancellor. Nov. 36 ?Decisions were mado this morning in the following cases Thomas Boys Ferris, his wife ?t al. is James Gibson ? The Vice Chancellor decided that the objection* were untenable, and that the complainant* must have their de cree for the specific performance of the agreement, an also their costs of this proceeding. Joseph L. Lewis vi. John ~1nthon?This litigation, which has been so frequently brought up before the public, came up again in the form of an exception to the report ol the Master under the decroo made a few week* i ngo in favor of Mr. Lewis. The Court ordered, that tho exception taken by the defendant to the Master'* report, { be overruled, and that the report stand confirmed. De ' feodant to pay the costs. IViltiam GJthnns vs. Washington Wheelwright.?In this case, it was decreed that thu Master's report of Nov. 6, ld4j, stand conhrmed; tnat a new trustee be appointed to take charge of the trust ->staU> now held by the complain mt, in the house und lot So. 50 Beekman street, and that it be referred to Mr. Robinefn, to report upon the suitability of the person proposeu as trustee, and to set tle the form of conveyance to be executed by tbe com plainant to the new trustee ; and upon the complainant executing such deed or deed* under tho direction of the Master, and with his approval endorsed thereon, the said coinpiainant to stand exonerated and discharged. Judges' Chamber*? Superior Court. before Judge Oakley. Nov. 25?American Institute in an action of demurrer with the Marine Court.-?This is a suit of a complex char acter, involving certain right* and privileges, derived from the .Mayor and Common Council, as to the occu pancy of tbe former Post olSce,known as the "Rotunda," Ojr the Americau Institute. One ol the conditions qualifies the right ef possession until claimed for public purposes. The Marine Court in >ut upon such a i igiit,obtained by virtue of a lease given it on the Oth of August last by the Mayor and Common Council. In behaii ol the Institute, it is urged that the Marine Court, as such, has now no stronger claitn upou these premises than it po**t-<*ed at tbe time tbe lease was given for a period of ten year* to the Institute, and that it has expended altogether, something over i'jOO, in fitting up and repairing the premise*; tha' no aucn contingency o^sts; that the Marine Conrt is a. well provided now with suitable apartment*, as at the time when, by resolution ol the Common Council, approved and ratified by the Mayor, couveying ttie right of pus session to the American Institute To be dnpoiea of to-morrow morning. Court of Chancery. Before Vice Chancellor McCoun. Nov. 30.? Thns. H Ferris vs. James Gibson.?Thi* was argued at length, and the decision withheld. William Gibhons vs. Wiishington Wheelwright and others. ? Deciiion affirming the report of the Master in Chancery. Joseph L. Ltwis vs. John Jinthony.?Exception* to the Master'* report wa* overruled by the court. .'imos Gates vs. Mary Smith and others.'?Decision re served until to-morrow morning. Our Belgian Claims.?Our Antwerp correspon dent, writing under date of the 1st instant, gives the following a* a postscript to his lettor. It may be of in tereit to some of our reader* :?To avoid frequent in quiriea which have been made byAmerican claimant* on tbe Belgian government, lor damages caused by the tire in the entrepot of Antwerp, 1 would take the liberty of stating, (hat a* lar a* their claim* have been admitted, they will, as I am informed on the best authority, be all *ettled and paid in February, 1(446. The claim* of the Philadelphia house*,(which have already bean admitted) are included in thi* decision. It i* of course understood that I do not mean payment of the full amount claimed but only pro rata of thu whole *um appiopriated by the Chambers, and tiie claims admitted as just. 1 will ex plain : ?The whole lum allowed by the Chamber* is et,500,000 irancs. A commission was appointed to verify the validity ol the claims, and a* soon as that commission will have finished its labor*, whish must take plaoe before the close of tha year I Ml. each stsimant will receive hi* portion of these t.MO.OM fraues, asaording to the amount of hi* claim. The dividends will af course be in proportion to tha amount af claims ad mitted ; payment will be made la three per cent stook, which need not be shaved by a broker. First rate mer chants at Antwerp will diiceaat them at the market value ; and advise claimants te take the amount rather than wait till later in the Spring, when stook* of all des cription may decline on account of the scarcity of pro visions? PMltd. Gazette, ffov. 35 Statistics of Crime nr Philadelphia.?The fol lowing is a statement ol the number of (lersoiis tried in the Court of Oyer and Terminer and Geueral Jail delivery, for the oity and county of Philadelphia, on the charge* (pacified, from the year 1796 to 1(444; M wer? tried lor murder, 73 of whom were acquitted, and lOcoi ?icted; 39 were convicted of murder in the lecon dagree; 38 were convicted of manslaughter, and 18 *. quitted on the charge; were convicted of burglart , and 46 acquitted; 30 were convicted of araon, and it acquitted; v.l were convicted of highway robbery, and 33 acquitted. Since the year 1818, there have been but live execution* of person* convicted in the Court of Oyer and Terminer, to wit:-Smith and (Jross, (white;) Wil liams, Morris, and Zephon, (colored ) The following has been the result ol the convictions lor murder in the first .degree, since tbe year 1834, to wit Muiray, (white,) pardoned by Got. Wolf; (Mil, (white,) died in iirison before sentence; Slobey, (colored,) died in prison before sentence; Williams, (colored,) executed; Sarah Ann Davis, (white,) pardoned by.Oev. Porter; ShtMtei. (.white,) pardoned by the same; Zephon, (oolored,) executed. Upper Mississippi Vf.hseln.?A fine .schooner, called the Dolphin, of about 80 tons burthen, intend ed to ply upon the Upper Mississippi and tributary streams, was launched at Dubuque, Iowa, 13th in*t. She is a two master, lull rigged, it is represented that Dubuque is an excellent point for a large boat-yard, from tiie facility with which all kinds of timber can be brought te that port. The ichoonei referred to, i* tho largett craft ever launched north of St. Loui*. Nomination or Mayor.?The Whig Ward and County Nominating Convention, by an unanimous vote, have selected tne lion. Josiah Quinoy.Jr. as the whig candidate for Mayor, at the election on the second Monday of December next.- Boston Jtdv., Nit. 34