Newspaper of The New York Herald, April 18, 1848, Page 1

Newspaper of The New York Herald dated April 18, 1848 Page 1
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' ' / TH 6 Wfcote No* BOT'4, Intelligence from Mexico. klitti Da>'? Proceedings nf the Ccurt of Inquiry, dtc. fCorrf?poni1??>n? of ibi? N 0. Pleeyns*. J mii&tto. .vitvnu ^4, ion ? l a* t/ouri. hO\r; 1:1 e*?nt nl) tbe members; namely: Brig Gen Nathan TVwmjb. President; Biig Gen. Caleb rushing end Col W. a. Belknap; Capt. bsmuel C. Kldgeiy, Judge Adfoeete. Betnr? tha commencement tl proceedings, the room W?i cleared ol all except the partiee immediately interest-d. in rrder te hold a conference desired by the court. The court being opened, Gen QUlow addressed the court, idc king complaint against the report that appeared this morning in the ' Star" newspaper Gen. Scott also reminded the court of the notion ha lia l token >esterday of a paper published In the" Star," signed " W J Worth," lie After some farther conversation on this (Utjeot, the eonrt proceeded te bns nest The Uret witness called wee Mr. Teist, who was tw rn. Question?Br the Pboifcution. Will the wltneee look over the two papers marked (by the oourt,) Nos ,1 aids, and st"ta whether, according to his knowlsdgs of the band writing of Msior Gen. Pillow, thare be, on the face of No 3, words in the aame hand writing of that general ? Answer I have received many nates from Gen Pillow, and one very Important one I oempared with the Interlineations in No 1 I recognise in No in paper with which I amf.mllitr, and believe tbeinterllnentienatobe in Gen. Pillow's handwriting. There are eome others that appear to ha in the same hand writing, bat I feel less confident about the resemblance In the paper No 3 I see three i> teriineations whloh 1 believe to be in the same hand writing Gen Scott. Will the witness epeolfy ths words ? A ' Victorious" in pags 3; the word " General" in page 4; In page a the words " Gsn. Smith;" thsre are eome oihera that appear to me to be in the same handwriting. but I feal leas confident about them than abont the others. Q. What knowledge haa the witness, if anv. direct or ciroumiteotial, respecting the time, the meaner, end the oheunei in whiah the letter in qaeetion wee transmitted to the United State*, end bp whom ? A. The knowledge was purely eiroumatential. I will state the feet*: Bp the President of (he United State*, or by the person occupying that post?for it was not in his official oapacitp? I was placed upon eerp Intimate personal relations with Qen. Pillow, and formed a yeiy fayoiable opinion of him-had greet oonfl donee In him?from that oause I did not hesitate to oomplp with his request to transmit letters far him bp ths same channel through which I transmitted mp despatches. That channel w?s chiefly James L Krsaner, correspondent of the N- is Or Irani Delta; haying good reason to believe that it was the safest 1 could poisiblp command. Ths mode used by me in transmitting letters bp him, 1 will dseorlbe; It is a faot which conneots itself with others. Knowing that a paroel directed to the editors of the Delta would pass through Msxiean hands, where any thing else would hare bean opened, that nil into ths asms hands, 1 got-Mr. Kreaaer ts oall on ms always during ths last moments previous !to the departure of his courier. and then every thing that 1 had to send by him was put up within bis own peokage?in his own rough printer's way. In that way, chiefly, did I send whatever letters I have sent to the United 8 (etee, and every letter ever Eut into mp hands bp General Pillow, either bp his own and* or bp messenger, was forwarded bp me on the first opportunity, sxcept In one single lnstanoe, whioh happened at Tacnbapa. On that oooasien I reoeived irom General Pillow several letters, which were returned to him in oonsequenoe of mp not being able to send them b> the means he wished them to go; among the letter* received bp me from General Pillow, I reeolleot distinctly one or more letters addressed to the editors of the Delta; on# or mora to the editors of ths Uiw'an, Washington; and one or more addressed to two other newt- i papers iu the United States, one, I think, was in Tannrseee, and the other in Alabama. Oen. Pillow hero raised a point of order. '1 he Conrt direoted ths witness to confine his answer strioup 10 the question propounded. Answer oontiunsd- It was on ths 31st of August, 1847, that 1 received from Gen. Pillow the note referred to in my reply to the first question, whioh note I will read.? The note is marked on tke book "Private," with a hand pointing to the word, and rea-js as follows :? r.uaorsea on outside?"rrlTet-e. Mr. Triit. Taoubaya " On the lnalde?"Miaooac, Afiguat Slat, 1847." ' 1'rlTat--?Will Mr. Triat do me the favor of having the enolosed latter* go by tltamorrow'* courier ? I have adireos iiitereat In their going. II tbay oannot go, return them to me. G1I). J PILLOW." "But do send them, if possitde. They are all for my benefit. . o. J. r." To the beet of my reeolleeti an, the paokag* referred to in that note contained one addressed to the editor* of the D'l.a, and ana addressed to the Unien ; and thoee letter*, *o far fg 1 reoollee'4 and believe, were forwarded in the manner ano?e ind*.anted?through Mr. Kreener.? Sometime aitdfi the apr,earano* of "Leonids*," I read a letter addreeaed to Mr, Freaaer, from the principal editor of the Delta Gen Pillow objr^^d, whoa eomo dlacuaeion erote a* to it* propriety df admitting the testimony, and it was finally determined that it waa not etriotly in order, and eo ruled The examination 'n ohief of Mr. Triit waa cloeed.? Gon. Sor^t intimated that he should oall the witness agatn, other speoifloations. Vr jss-rxnmlnaiion Oy Gen Pillow?Q Witness will pl'stse to state whether there wore not in the paokag* reahrrud to, a letter to my wife, one to Mrs CoL Troutdale, one to Mr* Capt Irwin, one to Mr*. Surgeon Jordan,and other ladiea T A. I don't reoollect?among the letter* returned or otherwise?notjoiag bnt one letter to any lady except Mia rillow, ana 1 raoollcot aleo, Deing struck wun in* fuci, thai there was not always a letter lor her In those teal (tie q 8 ate if any addretsja of the letters you have referred to were in my hand-wrltlo^except, the one to my wile ? A. I did not attend partionlarly to the hand-writing ot the addresses on the letters. I think that the letters to the suitors were generally addressed in a larger, plainer, and belter hand tnan lieu Tillow's. q Were the letters yon refer to, addressed to the editors. all in the same hand writing I A. To the best of my reoolleotion they were I did not attend partionlarly to the hand writing. It was a uhj'Oi that had no internet to my mind then. q. How many letters were there in the first package you rater to, ana how many In the second ? A. 1 do not ref r to any first package?hare not made any suou reference. [G-neiat Pillow said he wanted to learn from the wit- i ners If bis whole statement applies to that one paoksge ?the one forwarded? Witness replied that if the question should be properly put he would answer It ] q Did you receive at Taoubaya two packages or one ? A. 1 do not reoolleoc. 1 reoeived one certainly ; 1 may have reoeived several at Taoubaya The letters mentioned by me as having been retained, were retained ot facubeya, or to the beet cf my reoollection, and not In this oity. My belief la that the letters mentioned in that note were not the letters retained. I am not eer tain hs to that fact, but my belief is that they were sent q Were ihe two letters referred to by you?one addressed to the euitora of the N O Delta, and one addressed to the editors of the Union? sent through Mr. kreanar, or were th?y returned to me ? A. 1 have staled my general praotloe respecting letter* rec ivod from General Pilfow for transmission. Excepting one single Instance, all snoh letters ware forwarded My present belief is that exception did not ooour in the case el the letter* mentioned tn this note But ae the rubject did not attraot my attention at all at the time 1 cannot speak with absolute oertainty on this suhjeot. [General Pillow here remarked that the above question was not full, and put the following :] q. Were you in the habit of sending all letters whloh General riiiow lent yon for transmission? ae well letters sent by hts ftiends?ss letters sent to his own family T A. 1 was In the habit of sending all letters whloh General Pillow sent me for transmission. 1 very generally did not look at the address. The letters addressed to editors oaugbt my attention from thsir being generally, perbaps always, thicker than the others, and because illicit letters were espeoially inconvenient at that time q Did you send off any paokages yourself to the United States Government from the 81st ot August to the time hostilities commenoed ? A. I think not, but do not reoolleet positively. Mr. kreaner invariably, I believe, called on me dating tb* last moments before the departure or his expresses, and when I had anything to send, eltherof my own or others, It was put in hie paokage, which paokage was generally made up In my presence, sealed and sent off. Q You have said you aent Gen. Pillow on# package or letters. Slate if the package was sent to me in September, In this city, through Lieut. Rogers, of the navy, wno 1 sent for them. A Th? mention 01 v.iasmpmin napm nam* revives a very tndiitinct reoelleoiion of hie having called upon me, In tbo name of Uen. Phlow, for aome letter, or leitera, which had been plaeed in my handi, in aome minu. r which I do not reoolloot. I oan't My whether it wu In the oity of Mexico, or before we come here?eo very i nperfeot le my rccolleetlon. If it were in the oity of Mexioo. the letter, or letters returned by him (Roger*) ware, I feel eatitfied, different from the paroel mentioned in my former uaswer. Q By whom, and where did you receive the paokage irferrod to in the note, end how many letters were In that pacuagj ? A. 1 don't reooileot by whom - the where was Tacubiya. I think there were at least half a dot en letters? perhaps more. Q Did you not receive that package from Lieut. Ripley.and return luu aoerd with the endorsement, "O. K.? tbey shall go T" A. At the mention of "O. K.'' being a peculiarity of mine, as a short way of writing notes, it renders It q nite piobeble that that did ocour. 4 Did you not show the note that you have read, and di J you not furnish the peper marked "I" to Gen Boott ? A. This peper "No. 1,'' was furnished by me to Oen 1'oett. That note (raoelved from Oen Pillow, on the list of August) was either tead to Gen floott, or shown to him-or I told himef Its oharaeter ; which of thsre then happened i do not reoollect. [Gsri. Bcott?The witness reed it to me, Mr. Presi deut I 4 Did you suggest to Mr Kreaner the necesiity of writing to the Urlta office, to preserve the original I.e >nldae Letter, and did you also suggest to him to bring back that letter on his return from Washington n< b-aier of despatched ? A I nisdn no ruob suggeM-lon, atd regretted exceedlmrly. after i Is departure, 'hut I hid not made It. Q D j you eutrruln fssilags el hoetlUly end prejudice garnet Gea. Pillow t E NE' N. The wltneea inquired if the oourt wlihad that quMtion Iuivtrf d. Tha court rrplUd In the ifflrDitir*. A. With regard to pr Jadlea, tha oily prejudice that ever aziatad in By Bind with regard to tha peraon who puts tn* question. was prrjulicn io bin favor. The only ftellrg* rf host 11 ty whioh I entertained, are those art>irg from a ate died at empt on hia part to avail b laself of the posltkn In wfcloh I bad been placed toward* him b> bis friend, Mr. Pol t. to make me the aooomrlloe and to< 110 a scheme of yillany and imposture:- cj imposture towards our wuole oountry. and rtllany towards individual officers of tbl* aimy. the moet audacious, by far that I hev* any knowledge of Ore Pillow desired bis question answered ; the witness was wandering from the point. A I hay* no pereonal hostility or prsjudlee against bim or anybody els*-my hostility la against yillany. Q Have you, or not, written a letter or letters oaloulated and intended lo injure me?and to whom. A. I have written no letter* to any prrs*. or any person oonneoted with any press?or Intended to laflosnoe the mind of any person oonneoted with any press. 1 bay* written letters whioh, in one senre of tb* word? " injure"? were oaloulated to make bis oberaoter known and, therefore, to Injure bim. The first of this* letters was written to my family in Washington-It contained a message for Mr. Bncbanan, Secretary or State, dictated by feelings of kindness towards bim?and the desire to say* bim (Mr. B ) from diagraoe. That massage was Gtt?- Pillow said tba massage was not oslled for. The witness thsn paassd on to the second letter, and continued? The eeoond letter in order of data, ao far as I can recollect, was written about half past three o'clock in the morning preceding the departure of the train by whioh Sens Quitman and Shields left here? after I had been at work ail day and all night writing. It was addressed to bim roiely because he was tb* only member of the military committee in that body whose name 1 knew. It was enclosed to my family, with these instructions: " Tak* a copy of this letter, and so soon as you know of Gen. Dlx's arrival in Washington direct it. seal it, and send it to the post effloe. One week eiaetly after that time, send for Mr. Buchanan, Secretory of Stats, and how him the oopy " The letter was oouched, as well as I can reeollsct, In the following terms: " Bewsrs of prscipttsney in your confirmation of Generals' nominations in thie quarter; if you negleet this osution, it oan only serve to involve the Senate In a disgrace ?a deep, damning, ineffable diagraoe?which no earthly newer or 11 earthly power* combined, can avert.? Tbla wm the subitano* of the letter, ao far aa 1 oan reoolleot, and the tern* There waa a posisoript to It, desiring that. If my friend, Robert Dale Owen, of Indiana, waa in Washington, to ahow it to him. Toe third letter waa a long dlapatoh to the Department of State?an offloial paper? whioh waa rare to go Immediately into the hands of the President, whom I thought it might save from the infatuation that he waa laboring under, by atartllDg and alarming him, If In no other way. In that offloial dispatch, after p pea king of Oen. Pillow's character? Gen. Pillow here interrupted the witneea, and deaired that he would ahepe his answer to correspond with the I question. Q The nomination of what general offloer we* your letter intended to affeot ? A. It was Intended to affeot that of Major General Gideon J. Pillow, whoee confirmation 1 had no doubt every attempt wonld be mode to hurry through the Senate. I deemed the general caution, however, suffloient for the purpose. Q In the offloial letter alluded to, did you use the following language: " Of these two dupes, the one was Santa Anna, the other the most worthy oompeer of Santa Anna, so far aa be oan be made so by the same low craving for distinction, and the same happy facility in deviating from the ways of truth, and in being dear to tbo diotatss of oommon justioo and oommon honesty while pursuing bis objeot. A person, in fine, whose character in regard to iu? r?oo ui ma mina, ana m? ton* or nil mind, ?u moat falloitouely and accurately sketched by a friend of mine, in these words: It Is suoh as to qualify him for striving at a ooonty court bar In the defence of a fellow charged with horse-stealing, pattionlarly if the case were a bad one, and required dexterous tampering with witnesses." A. Although I eannot pretend to be certain of the words, I have no doubt he (Gen. P ) has been furnished with an aoourate copy of them, and those were the words *a far as my memory oan be relied on. Q. Did you, in that same letter, make use of the following language in referenoe to myself, vis : " But most grievously would he have erred, if Maj Gen. Gideon J. Pillow is to be relied upon as an exponent of the views of our government This person, then the seoond in command in thisaimy (!) took oceaeion to have a diplomatic conversation with a gentleman belonging to one of the foreign legations here, who, with expressions of surprise, repeated it to me directly after Gen. Pillow having expressed great dlseatlsfaotion of the armistiee (wbioh he had been in favor of before it was entered into) had been answered by explanations oP its indispensablenesa to negotiation. These appearing not to have any weight with him, the gentleman in question wee led to say ' why, 1 thonght the object of your government in this war was a treaty of peace.' 'True, (replied Gen. Pillow) that is the object of the war, bat the objrot of this campaign was te .capture the capital and than make peaoe." A I have no doubt those were the words I used Q. Did you not. in the same letter, makeuaeof the following language in relation to myself, viz : ' This was from the individual then,as I have already observed, seoond in rank in this army, and who,in the event of the death or disability of Gen. Soott, would have suooeededto the command ! an Individual who gives bimeell out for the maker of the President fbv havlne nroduced his nomination at the Baltimore Convention] and ai the President'! ether self. A pretension which I have reason to believe bat too well founded. Justice towards Mr. Polk, and respeot for truth alike require, however, that I should not utter this belief, without at the same time expressing ray perfect oonvictlou that the Identity referred to extends no intther than the point to which It is carried by a blind oonfldenoe on the part of the President in the understanding and the pnnoiples of a men who of all that I have ever known, is the most unworthy of confidence Beyond this point the identity goes not There is not the slightest resemblanoe between their oharaeters, in any one respect " A. I give the same answer; I eannot be positive about the words, bat the snbstanoe is correct, and I doubt not the copy is a oorreet one. Q. Did yon not in the same letter make use of the following language in relation to myself? "Ot'all this the President knew nothing, and the supposition by which he allowed himself to be governed (under the influenoe, doubtless, of private representations from an intriguer, who, to the deep disgrace of our oountry as she will ere long deeply feel on beholding the picture, feint though it wiG be. ot the unimaginable and iooompiehensible baseness ot hieebaraoter pollutes this gloilous army by his presence) made the state of things in this oountry entirely the reverse of that which actu ally exists, and wbioh already existed, when his determination waa formed. Had he known the truth-had be formed the faintest ooneeptlon of it, bad he so muoh as dreamed <t the possibility of a state of thiDgs here, approaohlog in the remotest degree to that whieh aotuafly existed, be oonld not have believed that the oontinuanoe of this mission could do 'much harm,' unless, indeed, the indefinite protraction of the war was aimed at" A. I answer, in refdrenoe to the sense of that passage, that It is a doubtful extract, not ounveying the exact ideas the whole passage would have given. In regard to the words, I have no doubt the copy is correct. Q To whom did you show thet letter to the Secretary of State, before you sent it fi om tbis city, or after7 A. To the best of my recolleotion 1 did not show it to anybody before I aent it from the city It was my own work entirely, written without consultation with any human being. After it wee sent 1 showed the letter, or parts of it, (tor it was a very long despatch) to Oensral Scott and to Oen P. F. Smith. The desnatnh nhl.flo related to the question of war and peace, announcing my Intention ot remaining in Mexloo, to make a treat; of peaoe. and giving my reaaona for ao remaining Q. Did yoa ahow to Oena Soott and Smith that part of the letter which haa jtut been shown yon relating to myaell ? A. I oannot reoolleet?the letter waa on a great many eheete. My motive lor showing the letter or a pirt of it to Oena. Scott and Smith wss that they might understand my position in reference to the public business? the affairs of the nation Whether the sheets containing those passages want into their hands I oannot aay Those passagea wara mera incidents?separate from tho main objeots of the letter. q. Since about what data has tha hostility alluded to in the previous testimony been entertained by yon? A - Hinee his oharaoter has been almost completely revealed to me. The thing was of gradual growth; I cannot fln a day?I will try and tlx a period It waa at Taeubaya, during tha early part of onr atay there, that I became awara that ha had plaeed ma in the alternative of being an accomplice and tool In vlilany, or exposing him to the country if hs stu old persist in a statement he bad made I hoped, however, at that time, that thia naoessity would be avoided My mind was then made up, if the necessity presented iteelf, to meet it. Krom that time eventa oeourred. darkening the ahadeeof his character, and which increased the feeling referred to It has laoreased to thia day; it may go on increasing for averts long as 1 live, although that la soaroely peadble Q ?Did tha villany of which you speak relate to your vlewa shout the armtstioe and the coarse of events under it, and my opposition thereto?If not, to what soheme of viliany do you a>lude to in your answer to the last question ? A.?With regard to the armistice and the oourae of events under it, there waa a little of the aame correeponding developments of character to which I hare referred. They, however, had very little liiflaenoe. I will new etate what I mean by tbo scheme of villany and imposture to whioh 1 allude: [Gen. Pillow here interrupted the witneaa. He deaired to know to what he waa going to allude Th's did not appear to be in anawer to thia question. Witneaa aaked for the reading ot the qneation, whioh waa done, and the oourt lnatrnoted the witneaa to proceed. J Anawer returned ?The eebeme of villany to whioh 1 allude, waaaaoheme of Impoature for paaeing himself off upon the oountry for a aklllful general and able commander. The way in whioh 1 waa to be an accomplice in that game?a tool in it?and be led thua to deoeltre the oountry and do ie just Ice towards individuals, waa this:?availing himself of the relations established between ua by tbe President, (alluded to before) and of the character whioh I had enjoyed with thoee who have known me for great discretion, he would make me the confidential depository of hit views, In anticipation of events, so that, in ease of failure in the operations which took plaoe, I should be a living wltneea, and bound to ootne forward aa such at his call to the ihet, that hit military genius had penetiated through the whole thing, and that he had bran opposed to eveiything that failad. This game was playsd by htm Utfonghoul, as 1 afterwavda on refieoUon pares 1 red. * i - j - | ?ii - rr I - ~T ??? W IO KW YORK, TUESDAY ft Gen. Pii.i.ow here stated that he b*4 no further question* to ask the witneei In regard to the present obarg* Ho should desire to oall him on one speolflostion to onother charge, when be expected to bring eome further proof, lo General Scott Mid he desired to pat one or two question* more ; nod the court assented Question by Gen. Hoott ? Will the witnoe* please state whether General Scott hnd any agency or part whatever In advising or augeatlog the letter* written by him (the witness) against General Tlllon T A. VIsj Gen. Seott nor any other human being baa ever been consulted with or spoken to concerning those letter* or any one determination taken by me on any subject since I have been In Mexico. The first intimation that any friend of mine ever had upon any dstersnl nation taken by m? was ?f er that determination bad framed a shop* which neither be nor any other human being could have ohan<?d. Q The witness has spoken of letters trsnsmltted hy him for Mej General Pillow to the United 8tatea Did General Scott, from ths period of his arrival at Tacuhnya-gay the 21?t of August to the resumption of hostilities?say the 7th el' September?ever request you to transmit any letter, by Mr Freaner or otherwise, to the Uoited States ? Please to state, as flar as you know, how General Soott was occupied during that period T A. To the best of my recollection, he did not, during that period I have a very positive gener?l reoolleotion that nothing was ever transmitted by bim through me or Mr. Freaner to my knowledge, exoept oomtnunleatlone to the War Department and a very smell number of letters to Mrs Snott. written on a quatter she?t ef paper apparency, It being an object to condense spao?. I know that tbe whole time of General Soott during that period referred to, except euoh pert of that time as wae consumed in Interviews with officers. was employed In drawing up his report, oomparing the sub-reports and ohtalcing information in regard to the parts in whioh they conflicted?calllrg in officers for ths purpose. Q. If the witness has not already srated it to the oourt, will he add how he heoame possessed of the paper marked No. IT [Tbe paper was hers exhibited 1 A. When the Leonldas letter first appeared here, I went one forenoon in quest of awaferor Ink?something or otber-n-into the room of general headquarters, occupied by the aids and military seoretary; there were a number of young officers there?some fire or six or mote; includlogtho aids, or some of them, and the military secretary By one or more of them I waa greeted with the question, " Mr. Trlst, have yon seen Leonl da?T? [General Pillow here interrupted?aald he had no objections to what the witness waa stating, bnt he desired that he would confine himself to evidence. He waa now detailing a conversation. General Soott roaa and stated that he desired the witness to stats how he oame In possession of the paper. Witness continued ] I answered negatively, and asked what was I. eon idea; they answered, " Oh, it is an acoount of the battles of Confreres and Churubusco," and that it was worth reading, which 1 declined doing on aooonnt of want of time?said I waa engaged. One of them put the paper in my hand and desired ma to read It, remarking that it was ourlons, cr words to that effect. My eya lighted inmAwh?m mi f.hs mifl.ll* nf th* Ann nft*r MAdiBff a few sentences. in on* of whioh the amazement of the martinet* wee stated. I threw the letter down and said I had enough of Leonidas. That same day Mr. Kreaner "ailed te eee me, as he was in the habit of doing almost daily; he gave me such Mexican news as he had oolleoted; after he had given me that news, I asked him If he had seen that rasoally string of fabrications nnder tne signature of " Lsonldas;" he answered that be had heard of It; I don't remember which; and that he had a paper In his possession, whioh he had received from timers! Pillow at Misooao. which ha meant to ehow me; either i he next day or very soon after that he eame and brought with him this paper, (witness produoing the paper referred to a* No 1.) and after I had examined it, naked ma to take care of it for him. Queation by the Court.?What is the date of the despatch to the Secretary of State mentioned in the orossexaminatton? Answer?My impression is that it is the 6th of Deceraber. I ean ascertain. The court then adjourned. THE LATEST MEXICAN NEWS. [From the N O Pioaynne, April 9 ] The steamship Ohio, Capt. Bnrns, arrived at a late hour last evening from Vera Grus, via Tampioo, having loft the former port on the 31st ult., and the latter on fie 3d inst. She has brought over a large mall from each plaoa, and the following passenger* Purser R. M. f'rioe, U. 8. N., tbirty-three (lays from the Paolflc squadron, as bearer of despatohes; Lieut. J. MoAllister, W. O Kingsbury, H. H Newman, H. B. Willmirth, Saml Traoaman, Caroline Parette Naasa and ohild, Jane Montague, Mad. A. Duroux and ohild A train arrived at Vera Cruz on the SOth from tha city of Mexioo, under the command of Capt White, Louisiana loot, with a squadron of oar airy under Capt. Besan con, and a oompauy under Capt. Kurr. This train met Major Graham, the bearer of 'espatoh?a to Mexioo, at rian del Rio. The guerrillas ware vary troublesome on the road. All oivil authority baa been turned over H the Mexicans in the oittea of Mexioo, Vera Crus, and Tampieo, pursuant to the provisions of the armistiee. Corn'r Hudd and Purser Christian had joined the squadron. They were wrecked on their passage from 8en Franoisoo to Mssatlan in the brig Com. Mtookton, near Magdrllena. The brig was a total wreok, and the passengers were only saved by the providential appearauoeof three whale-boats, which were thirty miles from their ship in pursuit of a whale ( apt Simmons, of the American whale ship Magnolia, end Capt Barker, of the whale ship Kdward , who so gallantly landed with their crews aud marched to the relief of our garrison at San Jose, Lower California, in November last, are on their return home by way of Panama. Gen. Soott was hourly looked for in Vera Crus on the list nit., but we doubt not tbat the general bas relinquished bis purpose of returning home immediately. TIIK MFXIQAN CONGRESS?PEACE PROSPECT8 The conviction had beoome stronger that the .Mexican Congress would assemble before the end of March, aod that they wonld ratify the treaty. On the 21st or add ult seven deputies or senators left the city of Mexico fir Quereiaro to take tbelr seats Our information from Queretaro is direct, and it is raest favorable to the oause of peace, It seems to be pretty well understood in the olty of Mexico how far our Senate would modify the <reaty, and there the opinion prevails that these modifications would not prevent its prompt ratification. The Jhnfican Htar of the Tid ult, without expressing any opinion as to the ratification, is confident a quorum would soon be had at Gueretaro- that "the treaty will not be sooner there than the neceer.iry number of member* " The Deputies from Osxaca 1-ft for Queretaro on the rtth alt. FROM TUB TACIFIO. We hare news from Lower California to the add of Kebruary, and from Mssatlan to the 1st of March The i'he frigete* Independence and Cougress were at Mailt len a Urge portion of the ore*s of both vessels being on chore garrisoning the place, which had been held since Norember. The sailors hare done a large amount ol work in fortifying the plaoe. The fortifloations are now Tory strong, ana Com. Shabrkk thinks himself strong enough to resist a foroe of o,000 Com Jones, in the Ohio,had not arrived, but.wee dolly expeoted. The Dale, commanded by Lieut Yard, was at (Juaymas. An expedition of her officers and men had lately marahed Into he inteiior and surprised the Mexican forces under 'Jampasaao and took most f his ofliiera and command prisoners, who were paroled a few days alter. The ports of San Bias end Manianlilo were blockaded, the Bret by the ship Lexington, Lieut. Bai ey, the latter l>y the chartered ship Whitton, oommandeU by Lieut. halard. The amount of the revenues reoeived from customs at Mssatlan has been large, lu Upper California every thing is quiet Col. Mason was raising a volunteer foroe to send to Lower California, to put down the guerillas, who have been very active, and havo greatly annoyed oar small garrisons at La Pas and Sen Jose, but in ail the numerous attaoksonr garrisons maintained their positions, and repulsed the enem/. At La Psz, Lieut. Col. Barton, wltn two companies of the California regiment, alter he bad maintained a siege for three weeks, organised a storming party under Captain Steel, ho was successful in taking the enemy's works, aod their Big was taken by Sergeant Soott. Tne ship Cyane, captain s. t. nupout, sent ty uommoaore bdu? ? from M?i?tl?n, arrived at La Pea about this time,and tha enemy entirely withdraw from La Pal. and ooncntratad all their foreaa, In number about Ufa hundred, upon tha poet at San Joer,commanded by Lieut Charlea Haywood, CJ. 8. Nary, with a detaobment of aailors and marlnea, numbering, all told, about seventy, and some native California volunteers- i he guerillas captured Passed Midshipman Duncan, and Warley, a sergeant of -he California regiment, and five mtrines Captain Do pont, hearing that Lieut He>wood was hard pressed, ;ind hed lost two valuable officers, sailed for ?an Jose, where he arrived on the 14th of February, jast at sundown, and found all oommunicatiou cut oft with the town and garrison, situated two miles from the btnoh, bat tho disohnrge of the garrison cannon told that the tight was going on, and when night closed In, the flaeh of musketry was peroeptible. Capt. Dupont decided to await until early daylight, and thou land all bis disposable foroe, which amounted to 100, himself making 101. At eaily daylight the toiee was on the beach. Tho surf being low favored their landing, and with a fourpounder they were soon in oolumu and on their maroh to tha raecua of the garrison. Tho guerillas, anticipating the landing of the orew of the Cyane, bad taken their position during the night, tha route affording them abundant cover. The oolumu had proceeded but a short distance before the guerillas opened tboir lire, which w?e continued upon ttie oolumu during their entire msroh to the garrison, before reaching wbioh they had to storm several housas of the town, whioh the enemy had poeaeseion of, In whioh they were aided by the garrison force, which sallied out, joined in routing the enemy, pursued aud drove them from several eminence* near the town. Tha enemy then formed in a plain open to the ship, at what they conoelve d to be out of reaoh of her gum, but aoma well-direoted ebot and shell did graat exeoutton and dispersed them. Tha gar neon wae found In a moat exhausted state. Llaut Haywood bad bean to olotely prasaad that be was driven within the ouartel, where a large namber of the Inhabitants had sought refuge. He bad bean beseiged twentyone days, and bit provisions were nearly exhausted by hit sustaining the inhabitants Kor nine dajs nono of them had bscn outside of the buildings, and disease was fast generating

Passed Midshipman T. McLanahan had been killed on the I lth February. The water bad bean aut off, and the garrison was In the most deplorable state. Of the 101 that so gallantly landed, it I* mtrvellous to state, only four were wounded, having sustained a heavy Are for two milee from oovered positions, whUh they oould only very ineffectually return: nevertheless their Are told, and the enemy suffered great leas The garrison was abundantly auppited with provialona and the guerillas had retired. [Tha haliaf la Its ally el Mesleo. at laet aeeounte . RK H TORNING, APRIL 18. 184) wae, that tha Americana were advancing upon Chlbna hua, and that tha inbabitanta ware moving away. Wa cannot bring oureelvae to attach ana faith to the report that Col. Ralla baa bean defaated at El Paao ] FROM VERA CRUZ. Two or three vevaela bare arrived from Vera Crne, but they bring no papera later than tbe SOIh It will be teen by tbe following order from the Governor, and the potiee following 1', the Poat Offlae Department will, hereafter be couduated by the Mexican poatmaater, Don i. M. Fernandez under the Mexioan lawi on poatage : HE*D))UARTERI, DEPARTMENT V?BA CRUZ. ) V1 V. 07 lulu I Order", No. 1 IB Mr J. M. Fernandez bavin* been appointed by the Mexican government, under tb? Htbartiole of the military convention for the provisional suspension of hostilities, postmaster of Vera Cruz, be will be respected aa suob. Mr 8. D. Allle, postmaster, will in future turn over to YTr Fernandn all letters, and other mailable matter, arriving seaward, except snoh as may be addreaaed to. the army and navy of the United States. By order of CoJ. H. Wilson. J. H.LAMOTTF..A. A. A. O. United States Post Orrict, ) Vera Cauz.Mareh 38, 1848. { In compliance with the foregoing order, issued to carry out the 8th article of the military convention between the United States and Mexico, for tba suspension of hostilities, all lettars herea'ter reoeived at tbla office, for othor peisoua than those b-lonRiog to tba army and navy of the United States, will, during said armiatioa, be turned over to tbo Mexican Post Office Department. The attention of p irsona in tba United States, having correspondence In the army and navy, la reapeotfully, and urgently oallad to tbo neoeasity of having their letters properly direotad, specifying the oorpc or department to wbioh their correspondents belong. S. D. ALLIS, U. S. Postmaster. Tbo following crdara of Co). Wilson show bow our government la carrying ont the stipulations of the armistice:? headquarters, department op vera cruz, ( March 38, 1848. j Orders, No. 130. 1. In pursuance of the stipulations of the military convention for the provisional suspension of hostilities between the United States and the Mexloan fbroas, ratified In the city of Maxioo on the 6th day of March A.D., IH48, tue municipal and otner authorities, known to the Mexican law*, will enter upon their function*, a* aet forth in the 6th article of said convention, in this oity, on Thursday, the 30;h inst., at Id o'clock, M. 3. The otty council, ae at present existing, will assemble at the time last mentioned, and will deliver to the Mexloan oounotl, duly authorised to reoeive them, all writings, records, or archives pertaining to said office. 3. The elty treasurer will, at the same time, torn over to the paymaster all funds belonging to the city that he may have on band, taking the proper receipts therefor; said moneys to be so held till farther ordeis. By order of Cel. H Wilson. J. H. LA MOTTE, Major U.S.A., A.A.A.O. FROM TAMPICO. The U. 8. schooner Velasoo, Capt. Decker, arrived yesterday from Tampico, whenoe she sailed on the 3d inst. We learn from Captain Decksr that the civil authorities took .possession of Tampico oi the 1st inst.: also that the Indians were committing depredations at Huetjatla,nnd that Capt. Wise's company left Tamploo for that plaee on the 1st inst., to disperse the Indians. YUCATAN?DEPARTURE OF THR PIONEER OF LIBERTY. [From the N O. Delta, April 0 ] Senor Don Ramon Rodrigueehes been kind enough to send us a copy of Msj. Gen. George Washington Dixon's nvAAlnmnltftn frt thm VwAntnAna In ?hir.h h? mIIi nn that gallant race, who are at present shut up in their towns by parties of naked Indians, to rally around him aa a pioneer of liberty, equality and fraternity. We oannot publish the whole of the Oeneral's magoiOoent manifesto, but the following, we think, is fully equal to Lamartlne: ? " Yuoateoos, let the glorious spirit that is now traversing France with ' lightning speed,' Inspire you to stand by yours'lves, and guard with an eagle eye your republican territory. Already the death knell of tyranny has bsen sounded from Paris, and erelong the'flag of liberty'will float from pole to pole, overland and sea, and every throne where king) and tyrants occupy, will be crumbled to dust by the msgio touch ol the wand of the Genius of Liberty " Yuoateoos, when my sires eommenoed the Amerloan revolution, whloh save birth to ' freedom and equality,' a patriotic son cf Franoe, Gen. Lafayette, generously went to their aid,- and Amerioa now sends among you hor ' sons of seventy six,' who are ready and willing to be plaoed in the front ranks of the ' battle,' where the blows 'fall the tbiokest and fastest,' until the savage foe is exterminated, and the banner of ' God and the elevation of the people,' waves triumphant over the length and breadth of your beautiful country. G WASHINGTON DIXON, Commander-in-Chief of the Pioneers of Liberty." ZZ We learn also by a letter of Senor Dou Rodriguea. who gives proof of his Spanish origin by using "as" for " has" that the advance guard of Gen. Dixon's command, oonsieting of 30 men and two eauaon, left the Bailee on Friday. ARMY INTILLIQKNCE. Tbe berk Vlotory, Cept Ryan, left on Friday evening for Vera Cruz, with government stores, and tbe U. 8. st?am bark Edith, Capt Couillard, will leave this morning for the same place, with government stores and the following passengeis:?Robert Smith, Rev.W. H. Norris, Capt. A. W. Adams, Dr B. 8 Alexander. J.B.Jenkins, M. J Masurento, Dr. John H. Hawk, WA. 8. Tippstt, Capt. Karren, Capt. J. H. tirey. The schooner Visitor, Captain Harris, from the Rio Grande, yesterday brought over as passengers, Capt. E. U. Alburtls, Virginia Volunteers; Assistant Surgeon J D. Caulfleld. U. 8 A ; 1st Lieut. Hughes, U. 8. A ; W. V Nell, Virginia Volunteers; and Messrs. 8. Mananton, E. Mananton and F Canasos, besides some discharged soldiers. The schooner Lone Star was left at the Rio Grande.?tf O Picayune, April 9. It ia stated that a host of brevets for gallantry in the Masioan war, have been oommunioeted to the Senate in Executive session, embraoing Kearney and Persiler F. Smith as Mejor-Generals. NAVAl, INTET.UGBNCR. . The following is a ilst of oflioers attaohed to tbe U. 8 steam frigate Mississippi, wnich arrived at Boston on Sunday from Vera Cruz and Havana:- Alexander 811 t'ell Mackenzie, Commander; Domiolck Lynob, E. J. Da Haven. Lieutenants; J. Meaner Smith, Passed Assistant Surgeon; Wm J. Babb, Assistant Burgeon; Wm H. Kannno. Purser; Wm B Slack, First Lieutenant of Marines; Wm. F Perry, Second do. do ; John H Parker, J. M. B. Clits, Charles M. Fauntleroy, Passed Midshipmen, doing duty as Lieutenants; Wm. Q Temple, Passed Midship man, and Acting Master; George Hutobinson, Purser's Clerk; Samuel Arohbold, First Ass'c Engineer, duty as chis'; Jesse Gay, First Ass't Engineer; D Mnrphy and i W. Tagaard, 3d do do ; Charles Coleman 3d do. do.; John Featherston Boatswain; Charles B Oliver, Gun ner; E. Middleton, Sailmaker. Passengers?Albert N. Smith, Passed Midshipman; Robt Grant, I'roiessor; Jo eeph A. Van Zendt 3d Assistant Engineer; Robt. Simpeon. Boatswain. Capt. Wiloox, of the bark Warwick, at New Orleans from Vera Crus the 31st, reports that he setled in company with the steamer Ohio, ( apt. Burns, for this port, and the steamer Maria Burt, for Tampioo and the Brazos The U. S Frigate Cumberland, bearing the broad pennant of Com. Perry, waa lying at anehor under the castie. Vbra Cruz, March 4, 1848. Operations of the Gulf Squadron. The operations of the Gulf squadron, for some time past, have been of a very quiet nature, arising from the fact that there was but little to do except guarding the various ports and inlet8 along the Mexican coast, to prevent smuggling ? Commodore Perry, since he assumed the control of this sqnadron, has been indefatigable in his exertions to keep his command actively engaged, and when the limited scene on which he was compelled to act is considered, with the drawback of having no foe alloat to contend against, a malignant fever carrying olf and prostrating men and officers, until the latter are reduced to a mere handful, I do contend that it is the height of injustice not to accord to Commodore Perry the thanks and gratitude of his country.? That he will receive from the government a becoming testimonial of its appreciation of his services, as also from his fellow citizens of New York, I am well satisfied. I do not deny that Commodore Perry has faults. In the affair with Lieutenant Hunter he created many enemies; but only in the tone of his reprimand whs he in error. Rut his faults are trivial, when compared to his nobler qualities He expects to resign the command of the squadron, and return liume in a few weeks. Who his successor will be, is not known. A naval corps of flying artillery was recently organized here by Lieutenant Lafayette Maynard, (who has the command,) from volunteers in the squadron. Attached to the corns are also Passed Midshipman Henry Rogers, Henry Rolands, J. P. Bankhead, and Robert Townsend, with some seventy men. They are by this time in the city of Mexico, and will render a gallant account of themselves whenever called upon. Commodore Perry sailed from here on the 1st instant, in the Mississippi, Capt. McKenaie, on an expedition to the coast of Yucatan, accompanied by the steamer Iris, Lieut. Herndon, and steamer Scourge, Lieut. A. Taylor; in addition to the crews of these vessels the party were increased by the marine guard of the frigate Cumberland, under Lieuts. Doughty and Read, and nearly one hundred sailors Irom the same ship, under Lieut. J. H. Ward, and Lieut Walbach (H ig Lieutenant), the whole amply supplied for any emergency. They will land at Campeachy or some other convenient point on that coast, and before returning here, it is understood that the Commodore intends making with this detachment an exploration of the ruins of Palenque. As near as 1 can learn^he present disposition of the squadron not with the Commodore, is ns follows, viit?Frigate Cumberland, Capt. Jamesson, on Vara Crui i sloop-of-war Albany, Cart. Kelly, tad store-ship Fredoaia, Lieut. Com't Ns r i i i . [ERA] 3. ville, off Sacriticios; steamer Petrita, Lieut. Com't Biaaeli atore-ahii> Klectra, Lieut Com't Seinmea, off Salmadina ; schooner Reefer, Lieut Com't tilieaon, off Alvarado ; bomb brit? Knin, Cotn'r Lagle, off Tobaaco ; slnop-of-war John Adarna, Cotn'r S. B Wilson, offTuapan ; steamera Water Witch, Lieut Com't Totten ; Spitfire, Cotn'r Pinckney ; Vixen, Cotn'r J P. Wilson ; bomb brigs Vesuvius, Com'r Btgelow, Hecla, and Stroinboli, and schooners Petrel, Bonita, | Falcon and Tatnpico, at various porta along the coast; but their particular location is not exactly kuown. The store-ship Relief, Lieut. Com't T. A. .Jenkins, sailed trom Antou Lizardo on the 2d inst. for IVnsacola. A survey of this coast is now being made by the officers of the squadron ; heretofore we have been depending on the English and French charts; but there are many inaccuracies in them. These will all be corrected when the present survey is finished. The health o(,the officers and crews of the vessels on the station is much better than for months previous. Sky-sail. Affairs In Osnsds. From the Qusbeo Chronicle tp'll 10 ] The itlraing events of the Free ah revolution almost wholly occupy the publio mind Little else, indeed, Is thought of. No sooner Is the news by one mail received than there ii a hankering for more. Speculation about the future affaire of the world engroeeee altogether our attention?whether the oriels whieh now agitates Europe may Influenoe proceedings on this oontinent, er how far these doings will affect oar politlos or oomtneroe. In short, we ere greedy of the present, and ominous of the future. Excitement aside, ws a-e In no way Influenced by the events whleh now aonvtUse the Old World. In a political solnt of vlaw, we are unusually quiet The new Ministry have, without exception, been re-elected lor their respective constituencies; and there seems to be a determination to give them a flair trial. We hope much from our new constitutional ministers, and we ex peot little. Indeed, we believe only that offlee and Ita polla have been tranilerred from old to new hand),rather more dealrous tban capable of doing better for the real Intereat* of the provinoe than their predeceasore did.? Lord Elkin Is still justly popular, and evidently dealrea to govern honeatly and well. Until the navigation opena, there will be little done by onr merchants, wbiah could in any meaaure Intereat peraona at a dlatance. Several new vessels are ready for launching, and only wait for the opening of the river St. Charlea, to''glide into their native element " The ioe In the St. Charlea, In all probability, will break np In a few days, aa the eleotrio telegraph has Intimated that the lee in Lake St. Petar haa given way, and la on ita pasaage to the oeean. The navigation of the St Charlea and the lake generally opens eimultaneoualy. The ground la almost entirely bare of snow. The weather la seaaonable and beautiful; an earlier or more promising spring we have not had for many years. We would draw attention to two note of the past session of the provincial parliament relative to the inspection of butter and flour and meal, as they will be tbe means of ensuring better artielas of the kind for shipment from this port. An extra of the Official Gazelle hea been issned containing a royal proclamation (or the regulai ion of the Quarantine establishment at Crosse Isle during the antuingyear. The orders are most stringent. Kvery vessel hafing more than thirteen passengers on board is te anohor at the (^quarantine ground: if there haa been any disease onboard during the voyage, or if the vessel has sailed from any port where infeotlous disease prevfllUfl thn vasael Ifl fn nr\limrari a. (hnrfiiiffh nnriflnnttfin and the dirty emigrants are to be landed on the Island, and they and their clothing and baggage .to undergo a oompolaory sotubblng. The ialand Is placed under thi authority of a military oommandant. It is stated that the new legalj enaotments respecting emigration, will inereaae the passage money from Ireland to America to ?t>, at the least, per head. Law Intelligence. Court of arpcals, April 17th.?Present, Freeborn Q. Jewett, Chief Judge, tco.?The People vi. Madam Restell? The argument on the writ of error, brought by the defendant, was oommenoed ,thls morning by Mr. h Handford, on behalf of the defendant, and oooupied the oourt until Its adjournment. The Distrlot Attorney will reply to-morrow. Bupkrior Court?Before Judge Oakley?John Braisltd vi. Wrn Conklin?Aotion of replevin for a lot of goods taken under an execution. Defence, fraud. The jury could not agree, and were discharged Before Judge Vanderpoel ? Silas Huthnell VI. Sondtri D. Weiten?Aotion for two quarters rent of premises in Broadway, due first of May, 184(1; amount $345. Defence, surrender of premises and aooeptanoe. Verdict for plaintiff. There were two other oauses tried, but which were of no importance. Sufrkmc Court?Present, Justices Cady, Willardand Edmonds?Special Term?No. lti'J was resumed and finished. No. 19, a reserved cause, was next taken up and oouoluded. Judgment reserved. * Supreme Court?Srsoiai. Txrm?Before Judge Edwards?Magdaline Nlohtem vs. Ponce M. Niohtem? Motion for counsel fee denied. Abraham Bergen, Ea'r, &o , appellant, vs Abraham Mills, adm. fci. respondent ?The dsoree muit be amended as to the title of the writ; in other reapecte, the motion of the respondent mast be denied. Harlem Mather ads. John H. Bet ten ?Motion to set aside io<iuest denied. The People, lea ex. rel K.dgar Bleightor, ts the Jnstlcea oi the Marine Court, 1(3 ? Order for a peremptory mandamus granted. The People, tier ax rel. Henry ?. Cheesborough et at., adms. lie., vs., Abraham Sehuyer and others?Motion to strike out pleas granted, with $10 oosts; the defendants to hare ten days furth> r time to plead de novo. James Robinson et ad ts. Samuel (J. Reynolds?Motion to dissolve injunction granted. William P. Powers ts John L Oraham et ol ? Kxoeptiou allowed. Domlniok Mo Keon ts. Jens E. OeTtlas?This suit was brought in the Supreme Court to reooTsr damages for an alleged breach of contract Mr. Beebe, on the part of tho defendant, mored to hare the declaration taken off the Ale, on the ground that Mr. Ooff who drew the daclaration, and signed, was not an attorney or counsellor of the Court. Mr Dresser appeared for Mr Ooff, and oontended mat the judiciary aot authorizad persons of good moral oharaotcr, upon receiving a power of attorney from a suitor, to proaeoute and de;end suits in all the State oourts: that Mr. Ooff was a man of good moral obaraoter, and had reoeived a power of attorney from the plaintiff to proaeoute this suit. Mr Bice be replied He contended, first, that the Judleiary Aot wm unconstitutional, end moreover that the neotion upon wbioh Mr. Dresser relied was inserted In the aot without the knowledge of the members of the Legislature, except one or two. Scooadly. that Mr tiotr aid not even comply with the law as it was, inasmuch as he old not die a oertihoate of good moral ooDduct, and his power of attorney, with the clerk of the Court, as the act required; and, in addition, the paper which he produced to the Court was only a copy, and not the original power of attorney. Upon these grounds, he asked the Court to grant the order to take from the file the declaration in this cause | Circuit Coubt?Before Judge Hurlbut??diKer C\amhtrlain vs. Jamei Matheivn?Action of Trover, to recover gvtSO, the alleged value of a lot of goods stored by the plaintiff with defendant. The defence set up was that the goods were pledged for a loan of money. Mealed verdiot this morning. Ukitkd States Circuit Court?Before Judge Nelson?The Grand Jnry came into Court on Saturday, and handed up trne bills against the following persons : James Hedenberg, Ralph Laherg, Henry Myers, Edwin Flanders. Charles Kent, Henry Howeaon, and Joseph Robins, for an attempt to oreate a revolt; also, against Philip Stephens and Henry Jaokson, for larceny on the high seas. John Jactjuc i vi E. K. Co I lint f Co.?This Oiuse was given to the jury this evening. His Honor charged that it was very important to ascertain with particularity the issue in this cause between the parties,as tbere was a great difference of opinion between theoouesel in respect r. ,k. I._ -.kl?K .n..,.. ft, la ?u. ...I It I..-. arisen oat of the different construction of the rule apon which the reeult of the ones mast depend ; it la neoessary, therefore, that we should understand this with axaotnesa and regularity The deolaration, which contains the ground of oomplalnt in this oause.sete forth the right to reoovsr in two different respects; yet they raise the same prtnoiplee oflaw. so far as It respects the responsibility of defendant. In one olass of oountsln the declaration, the plaintiff charges that defendants, being In possession rf those 71 packages, for the purpose of Inducing the plaintiff to make the owner a loan upon the credit of this property, represented to him thet the packages oontalned oochineal ef great Talus?of the value of 9J0,000 -and, In oonseqnenoe of this representation, the loan was made, plaintiff coafldlng In the truth of the representation ofthe value ot the property, when, in point of last, the article was worthless. This olass of oounts places the right of plaintiff to reoover upon the fraudulent repieseolatlun, made by defendant lu respect to this property, by means of which the pUtntlff advanced hie money. T*e other class ot counts plsoes the right of recovery upon this ground : the plaintiff charges that defendants were In possession of this property, and undertook to ship it on board the ship Cosmo to a foreign port; that aocordlng to the usage and custom of merchants in this port, in forwarding goods to foreign couc* tries, it became their dnty, before they made out the ship'* papers, to examine the goods and ascertain the troth of the contents of the paokages; that defendant, n>ltkAn9 awAMsinlnn on/I in irsnnranfn of lie tnianie an/1 for the parpoae of inducing the plalntff to make the ad enoe, repreeented to htm that they knew the oontente of the paokagaa, end thet they contained ooohineel, whereas In troth and in feot they did not. In that case, it la not pretended that defendants made any verbal repreaentationa in respect to the eontents, value, Sea , of the peoksgee ; there is no proof of thle fact ; the whole evidence tores upon the deecrtptione of the artiale, glean in the bill of lading, manifest, and polioies of lnsurenoe; in each of those papers the property was described aa seventy-three boxes of cochineal, and upon this the plaintiffs rely for the purpose of making oat that defendants committed a fraud. 1 he case, therefore, In this aspect of it, turns upon the import of those papers, and open the Wf ight to be given t j the description Contained In them. On the part of the plaintiff, it is instated by his counsel that it was necessary lor defendants, bsfors they made out the pepere, to have examined the ertioleend to have ascertained the truth in respect to its contents; but having failed to do so, and having, in ignorance of what the paokages contained, repir*ent? d in those papers that they knew the article to be cochineal, they are beund by those representations. K,?r the Iuxpose of eeeertafnlng the weight to be gives to ship's papal* aeeordlag tathe usage aad eastern of marahaate la 1 ' 11 '"-UJ L D. - 1 thla city, aareral m?rohant* hare b**n oalied on tha p?rtof tha plaintiff, aoil? x i in In > J upon thla tin age; wd without going minutely ojrr th? te#ti'nony of each of thera. I may ray that noon of themepnke of any *?n?r?l or eatabHahad uaage in rnlaMnn to examining goodi bifore the ahlp'a papari are made nut by lorwarjiug marehunta On tb* c ontrary mn*t of the wttnaaeea that haw# bean examine'], aay that inch la not thi uiaxa aomtof tham atateil that In caae of aUraag*r employing a hou'e In thla city to forward good* to a foreign port. It la sot the oue'om to make out tha papera wi'hout aaeertalnlng the raat pitahlllty of the owner; and eyen ttla doee not aeem to b* a unlre a >1 a uge. Pome of them (toted that whether the owner* ware atraoger* or pr***nt or to* preeent, the iblp'e papera are made out In the namea of the ablppera. for account of the owner* Thla la the enbetanoe of the evidence on the part of the plaintiff, aa far ea It reapeota the uaaga of making oat the ehlp'i pa pa re when going to a foreign port. On the part of the defendant#, you have the evidence of three merohanta engaged In thla bualneaa. and thay aay there ii no oaago to examine thla particular article before the ahlp learea port; It la alao atntad in eonnaotlon with thla aridauco of tha naage, that In reepeot to making adranoea of money on ahlp'* papera, merohanta on an application, would not make adranoea, although tha ahtp'a papera were made oaf, If the owner were a atranger. without flrat making inquiry Into hia character. The witneeaea, with anaroely any exception, hare atated thla fact in connexion with the neage?and It la true that it la a naual cue torn among merchant* to maka adranoea upon ahlp*' papera In aooordanoe with the value put by the*# papera upon the gooda ; bnt thla fhet alone prevae not blag In thla oa*e tha naage and onatom, although well eatabliahed, la not anffloient to oherge the defendanta. If the dafendaata in thU oaaa have followed the ordinary unage of forwarding merchant* In obarglng tha order* of the owner on ahippteg to a foreign port?u tney n?r? iniewea tne general oustom in u* rsspeov, then I take it they are nut rei onsible to any person who may haye ohoaen to advance hla money, or place oonfldenoe in the description of the articles in the snip's papers. The plaintiff, before he subjects the defendant* to this responsibility, most show either that aooordlng to the well established usage of merchants in this business. the defendants were bound to asoertain at their peril the contents of the packages and their value, or else he must show a departure from the ordinary usage and custom in shipping goods, by reason of whlon plaintiff was misled?ana it is not pretended, so for as regards the different steps taken by defendants in shipping the goods and olearing the vessel, that they were not conformable in all resceots to similar eases. All these thing* were don* in the usual way?there la no question upon that subject; and therefore to lay a foundation for the claim of plaintiff, it ie necessary to satisfy you that the defendants should have examined the packages according to the usage and oustom of the port, and to ascertain that their contents ware cochineal, before the papers wars made out, and that they undertook to d?soribe it in those papers. Unless you are satisfied that suoh a usage has been established, there is no foundation for this action. Sealed verdict to-morrow (this) morning. Common Plkai?Before Judge Ingraham.? W Haughty vi. Thnmai M'Keen ?Action of trespass for an alleged illegal taking of the platntiff'e goods.?Adjeurned till to morrow (uiiij muruiug. Court or Orkkral. Sessions, April 17th?Btlbri Reoorder Hontt and Alderman Lawrenoa and Purser. Jonaa B. Phillips, Esq. Aaalatant DIatriot Attorney. 7\ialfor Grand Larceny ?At tha opening of oourt this morning, Albert Wiiiia aliat Alvah will la, waa plaoed at tba bar for trial,on an indiotment charging him with having, on tha 39th of Marob laat, atolan a quantity of clothing, valued at 996, tba property of Mr. John Hood, of West 10th street On tha part of the proeecutlon It waa ahown that a member of the family, on going into tha front room, dataotad the piiaoner helping himself to the content* of a trunk, whan be Sad, waa overtaken and arrested: that the accuaed had packed np varloua artiolea of tne above value, ready for carrying away. Tha jury found the priaoner guilty of an attempt to commit a grand larceny, and the court aenteaoed him to one yaar'a imprlaonment in the penitentiary. Jlno'her Trial for Orand Larceny.?Mary Ann Stee, aliat Mariana Stee, waa next called to trial, on a charge cf having, on the 36th of February laat, atolen a quantity of clothing valued at $169, belonging to Mr*. Hamblln, late Mra. Shaw, while in tha employ of tha latter. A Eortiou of the stolen property waa reoovered from a ouse in Forsyth street, where the aooused boarded after leaving Mra. llamblin. The jury found the priaoner guilty, and the court aent her to the State prison for two years Plra of Guilty ? Froderiok Wilbelm, indicted for an attempt|to oommit a grand larceny, on being arraigned, entered a plea. of guilty, and waa sent .to Blackwell'a isinnu ror roar momus. Trial for Burglary.?William Francis Robblns, a boy, wm nut pUoad at the bar, on an Indlotment charting htm with breaking into the Baptist Choroh, In MeDou?al street, and stealing gas burner, valued at 30, on the night of tne 1 lth of March last. The Jury, without leaving their seats, found the accused guilty, and the oourt consigned him to the House of Refuge. Another Trial for Burglary ?Robert Manning wee then tried on a chtige oi having broken into the stare of Oeorge Tennis, oorner ef Mott and Houston streets, and stealing therefrom $37. The testimony adduced on the part of the prosecution proved that the prisoner was caught in the aet. The jury accordingly rendered a verdict of guilty, and the court sentenood him to two years' imprisonment In the State prison. The court then adjourned until to-morrow. Mandamui lo Marine Court ?A osse of mandamus wss decided yesterday, in whloh the justices of the Marina Court were ordered to issue an execution, without oath of danger or delay, in cases where the sum recovered shall exoeed $60 The justioes of the oourt have always believed, that,under the law, a party was entitled to an Immediate execution in sums over $60, bat preferred to have the decision of the Supreme Court on the subject. After June next, judgments iccevered in this oourt, or now perfected there, become liens, upon filing a transcript of them with the clerk of any county, upon all property in that oounty. This court will become a very useful one in this city, and we are glad to see that the attempts lo abolish it nave been Ineffectual. There appears to be great doubt and unoertanity as to the position of the new and old assistant justioes' courts; some averring the whole law creating the new to be un J iv.l .utatant. OUDBtlbUfclOUai, auu Uburtl lubv mv ? I ? justices' courts ere not abolished Here's fun for lawyers. Court CAt.Knnca?for this day?Circuit Court.? 33. 71. 73, 84, 83, 93. 98. 101, 114, US, 133, 136, 130, 131, 133. 133, 134. 133, 130, 137. Superior Court.?19, 30,01, 149, 130. 163 300, 314, 316, 319. 334. 330, 13. 30, 16, 84. 63, 83, 130, 199, 331, 333. 333. 387 to 360 inclusive, 33, 43, 00, 86. 93. 460, 133. 100, 89. Common Pleat?334, 13,14, 16, 18, 16, 17,30, 33, 33 A Brave Woman.?Homicide.?There are few women, we tuncy, who would htive acquitted themselves In the manner of a Mrs. Roberts, living near New Albany, Indiana, on the Charleston road It seems, from an aooonnt published In the New Albany Bulletin, that an unknown man demanded admittance to Vlrs. Roberts' house, in the absence of her husband. The Udy inquired who was there, and what he wanted. The individual replied that he wanted admittance to the premises, which being refused, be attempted to eater at the front door; but finding It looked, changed bis position to a door at another part of the house, and finding it also fast, be than attempted to forces window, stating at the same time, he intended to gain admittanse "at the risk of his life " During this time. Mrs. R. had loaded a gun which she had in her p"Ssesaion, with a heavy oharge cf buckshot, and taking a deliberate aim by resting tho piece upon a table, when the ruMan bad forced the window in such a manner as to enable bim to enter the house, she died, and the whole oontents lodged In the right side, just below the ntpp'e, causing almost instantaneous death Thus perished a bold villain by the hand of a courageous female. The lady had two small ohildren?with thorn she sought a neighboring house. A coroner's inquest was hsld. Verdict? "Justifiable homicide " Itllseel I aneons. The EuJJalo Comm<rtial understands from the Canal Superintendent that Mr Hinds, the Commlseionar for that section, hss announced that navigation will he resumed on the canals of this State on Wednesday tha 36th instant, provided no unforeseen oironmsteace ocours to provcuit J*. The ice from np the Penobscot river passed Bangor on Tuesday, and next day pasted down through the Narrows, giving uninterrupted navigation. At the launch of the eohooaer Emblem, at Wilson, Niagara oounty, on the Sth instant, Mr. Knowlton Harrington was run over by the sehooner in its oourse to the water, and instantly crushed to death. He was 44 years of ageHochttltr Democrat. The Iosco, at Boston on Sunday, from /anitbar, wss boarded Jan. dS, in Mossmblque Cbannal, by a hoot from H B. M. ship Brilliant, Capt. Watson, ornisiog She had recently captured a slaver of 400 tons, under Brazilian colors. Vox Popult. Lo ! the voice of the people Is heard, Kar echoing o'er the ten? The world to Its centie is stirred; Her children demand to oe free. Krance ! uprisen In her glory, Marshals now the nation's forth? Bids them listen to her stony? Bids them imitate hes worth. Tyr.inta tremble, thrones are falling, Potentates no more have swsy , Freedom's voice is loudly calling On man to hsil her dawning my ' o-.?.f P ..II forth .^ow, prouci iudu'i,u?" ? Thy gallant sans to flgbt ?g?m, And tell the tyrant of the north Thy Mood has not been split in van. Coma, fair Halis, to the light, Hasten with thy armor onThy blooming vales ami rivers bright, Kor freedom's home may yet be won. Hail, Austria ! e'en the tyrant power That crushed thy bleeding sp tit dows. is broken lu one little hour. By liberty's indignant frown. The SwIIit, from his mnnntaln hom?, Behold* the eagle sweep the plain ; Than, 'mid the storm, towards Heaven's dom', II* ssski his eyrie proud again. Thus freedom sh.ll o'erewexp the wrrl I; Of heavenly h'.ith, h?r dsring foria Against oppression's throne is nuiltd. Triumphant 'mid ihe daikeet stum. And o'er the land, an t o'er the s a. Unshackled as the mads of heart n, hall rlaa the clad sounds of the free, " to liberty la aarth la gleam ? a a. p.