Republican herald. [volume], April 09, 1851, Image 2

About Republican herald. [volume] (Providence [R.I.]) 1832-1852

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3 WEEKS LATER FROM CALIFORNIA
ARRIVAL OF THE GEORGIA,
Naew Yorx, April 7.
The steamship Georgia arrived at 7 o'clock with
three wecks later mews from California, and 161
passengers. She has no gold on freight.
The dates from California are to March 5. :
Business was dull. The Miners are doing well
throughout the State, and largely increased
amounts of gold are expected to be taken out dur
h‘n‘:’. co-ietg scason. Very little rain has oc-
L I'} o
After 150 ballotings for U. 8. Senator, the Con.
vention adjourned without a choice, to meet again
on the Ist of January. The most prominent can~
didates were T. Butler King, and Mr Wethered,
Whigs, end Col. Fremont, Democrat, T Butler
King came within slx votes of an election. A great
deal of feeling exists on the Senatorial question,
which will eoter largely into the next political
campaign.
The Georgia brings the mails and passengers
She received 60 passengers from the Falcon. She
did not sail tillthe 28th vlt, on aceount of the non
arrival of the mails at Chagres, and left befors all
the passengers had got across the Isthmus.
Tte steamer California did not sail from San
Francisco till March sth, which accounts for the
late arrival of the mails and specie.
The Falcon left at Chagres the Enipire City,
North America, Caribbean, Mexico and Pampero,
all waiting for passengers,
The Falcon left with 200 passengers in the
eabin
The U. 8§ steamer Saranac, bearing the broad
pennant of Com Parker sailed on the 3d of March
for Pensacola. The officers and crew in perfect
health, The Ohio sailed the s2me day for New
Orleans,
A large number of American merchant ships
were at Havana loading with sugar. Every thing
was quiet. Some rumors were afloat about ano
ther lopca expedition, but no attention was paid
to them. : g
~Oa the 4th, passed American ship Lucia, 60
mifes North of Florida light house, standing Nor b.
Died on board the Falcon, Charles Hathaway.
Masxgr.—~Soap owing to recent arrivals is now
more plenty and selling at low figures. Teas are
abundant and sclling at very low figures. Pota
tocs. there has been much demand of late for this
article and prices continue to advance; price, five
to six cents per pound; the supply is small and
mostly in the hands of operators
From the Pacific News.
Desrverive Figg.—Two Steamsore Burnep
—Two Lives Lost. —Yesterday morning at 4
o'clock, our citizens were aroused from their slom
bers by the cry of fire, and on repairing to the
scene it was found te proceed from the burning
of two steamboats, the Santa Clara and Hartford,
at the extreme end of Central Wharf. Wearrived
at the spot within half an hour from the first
alarm, and the Santa Clara was then enveloped
in flames, and the fire just breaking out of the
Hartford. Aiter a well directed deluge of water
on the Hartiord, the fire was subdued, after have
ing burned half the upper deck, and damaging
the outside of the boat. The Santa Clara was
burnt tothe water'sedge. She was a new hoat
and had been plying between this city and Stock~
ton. She was owned by Geo. W. Aspirwall and
B. G. Saunders. She cost about 70000 Total
lost and no insarance. The Hartford was dam
aged at least §lOOOO She was sold a week since
to her present owners, W. Chapin & Co Two
persons were found burned to a crep, and an
other is missing. N. W. Black and the second
elerk werg both seriously injured, the former dan
gerously. J F. Kennedy's children escaped with
great difficulty. All on board were asleep at the
time of the fire. The origin of the fire is unknown,
There were various reports in regard to it. Capt
Warren, of the Santa Clara, lost $4OOO in gold
.ll!ntimom and jewelry, which was in his room.—
he crew also lost most of their clothing. The
eafe in the captain’s office was destroyed, also the
books and papers. The wrecks were towed to the
Happy Valley yard, where the Hartford will be
yepaired.
Another fire,ori_inating in an unoccupied build
ing in Bryan's place, corner of Bush street, com
municated with the storcs of Mr. Randall and
others and thence elong the line of Saunders
sireet, destroying in ite course the Museum and the
Shamrock House, and the New Bedford Hotel. A
vacant lot staved ‘he progress of the flames. The
buildings destroyed were of but little value. The
probable loss is about §3O 000,
Digo —S W, Slocum, and N. Emons of Boston;
Timothy Bliss, of Medway, Mass; lsaac B. Sim
mons. of Bristol. R 1; D. C. Powers, of Eastport,
and Wm Whittemore, of West Cambridge, Mass.
£ The following, in relation to the murder of
Mr. Edward C. Clarke, son of the Hon. John H.
Clarke, is copied from a correspondence of the
Journal,
Ev Paso, Febraary 10th, 1851,
S neel wrote you last, we have had very ex
eiting times among the partics at Socorro and San
Eleazario. Mr. Edward C. Clarke, of this Com~
mission, was killed, or rather murdered at Socorro,
under the following circumstances. A gang of des
peradoes. composed of discharged teawmsters from
our employ and from the employ of Coone, band
ed together for the purpese of robbing and stealing,
and | hear that they intended to run off our herd
of mules. They first murdered, as is supposed, a
Mexican. On the 29th of January, lhewnurdered
& cook, an ‘American by the name of Wood, at a
tavern where they had been refused trust, In the
evening of the 20th at a fandango, they attempted
to kick up a row, and Clarke remonstrated with
them, when they stabbed him as many as 12 or 14
times. Clarke died two nights afiterwards. The
rincipal leader, Alexander Young, one of Coon's
Siocbnued teamsters escaped ; but parties are now
in search of him, a reward having heen offered for
bim of $4OO if taken alive, or $2OO if taken dead.
M. S. Gates wase shot in the thigh while endeavor
ing ltoocrun Mr. Clarke, and 1s yet in the hos
ita
. Three of the gang were arrested, tried before the
Alcalde, by a jury consisting of six Americans and
six Mexicans, condemned to be hung, and were
bung on the evening of the 3lst ult. They were
Batler, » cook, Craig, a cook, and Wade, a team
ster, ull from the Rio Grande, employed by the
Commission at San Antonio, and discharged at
Socorro. They were all bad characters. There
were but six or eight of our party at Socorro at the
time, but a messenger was sent to San Eleazario,
where there wae a party just going out surveying,
and the astronomical party, and they hastened to
Socorro and arrested the three who were hung.
Feb 11th.—News has just come up from So
corro, that Young, the leader in the attack on
‘(l)le.rkc, bas been caught. He will be tried in a few
aye.
Feb. 13th —Young was hung yesterday, thus
end.ng the horrible story. Four men have been
bung, two men killed, and one badly cut in the
face. Young dicd repentant, and confessed his
participation in the murder, and implicated the
others who were hung. The desperadoes are now
scaltering themselves 1n various directions, seeing
that they cannot carry on their thievish and mar
derous practices here any longer. H. C. C,
A Puaiw Sroxew Juvee.—ln a recent trial for
murder in Pitlsburg the jory brought the detandant
James Kelley, i.‘uulty of murder in the second
‘tguo. Judge McClure did not like this, and
when he cawe to sentence him, addressed the
prisoner as follows:
“¥You, James Kelly, well merit the gullows and
that you bave not got it is no tault of mine, I
charged the jury very peintedly, that you were
guilty of murder in the‘{lrn degree. The blood
shat will herealter be shed on acconnt of the verdict
of the jury by whom you were tried will not be
wpon wy skirts; bad I charged otherwise | would
have considered that [ might as well have le' a
wild tiger loose en the streets. or placed a ratsle
snake under the pillow of wn infunt! There is no
Mof.yul atrocious guilt in the fi-ndish and
diabolical marder of John Cox. You stand Lefere
this court spotted all over with the ericoe of willful
werder —voparalieled in the annale of crime, snd
instead of passing a sentence consigning you to n
cell io the Penitenuary. we should ot this time be
passing the seatence of death upon you—yourichly
deserve it!’
Somwamsviien 1 Cuvacu.—During the ser
vices io (he 8t Louis Taberngcle Chureb, on Sun
day evening, & boy about 12 years of age, who was
i the sloeping siate, arose from bLis seat in the con
‘Tflw. .:5 steadily walked up the main sisle
wi cl:t(um surroundiog Ihe pulpit, where he
stumbled sud fell. He readily regarued his per
peodicular, wnd sepped up into the pulpit and
® he officiating -m&m b‘l the band. Some
near him soon saw that be was in the
sompambulic saie and t‘mly conducted him back
10 the seat from whenee be came,
Germans in the West —Of the two hundred thou
oand souls in Wisconsin, more than oue hundred
thousand are said 10 be Germans. This race of
men are seltling the conntry on the sources of the
Mississippi very rapidly. and in that region, if in
any part of the Union, the German character and
cusioms seem likely 10 impress themselves on the
MM.
Proviogxce AxyvaL ConrgrEsce or THE
Merwooist Eriscorar Cwuuscn.—This body has
been in session in this town since Wednesday last.
! Bishop Jones presides. Bishop Hedding is absent
‘on account of ill health. About 150 ministers are
present. The business of the Cenference pro:
gresses rapidly and harmoniously. On Thursday
evening the annual meeting of the Sunday School
Union was held, when several interesting ad
dressbs were made. The annual Missionsry meet
ing will be held this (Saturday) evening, wicn an
address may be expected from the Rev. J P. Dur
vin of New York, Secretary of the Board.
Norwich, Ct., has been fixed upon as the ploce
for the next annual meeting of the Conlerence
Warren Siar,
' We regret to announce the death of Professor
'Richard fs Taylor, tormerly of Providence. He
died on the 20th of March, at Bt. Marys, Georgis
where he has resided for some time past, as an in
structor in music ;he was 37 yearsof age. His dis
‘ense was dropsy of the chest, aud althongh he has
been in feeble hea'th for a long time, yet his death
was rather unexpected as he was sick but u few
dayve. He was a kind-hearted, generous man, and
was beloved b’y all who knew him. His musicsl
tulents were of a high order, and many of his pub
lished pieces, for years past, have sequired a great
popularity, which is eonclusive evidence of their
real merit.— Newport News .
New Motive Power . An engine has been com
pleted atthe American Machine Works. in Spring
field Mass.. in which air takes the pluce of steam
as the expansive force. It is to be sent to the
World's Fair. It is said to work well, and shows
that air can L‘mdncr the sume effect us steam, with
one-twentieth part of the fuel, and less danger of
explosion. A patent has been secared. 1 all this
be trne, the inventor must have found some new
way of making available a force which has often
been tried befure, with no success to be compured
with steam power.
Texas Cotton.—W e learn from the records that
the nmount of cotton shipped from the ports of
Texus this year exceeds the amount last year up
to the same date by between four and five thou
sand bules. From 01l the information we can
gather, we came to the conclasion that the whole
amount of cotton shipped from the ports of this
state this year will exceed our last year's exports
by about 6000 or 8000 bales. Our reports last
year were to Sept. 60th, 1851, over 31,000 bales.
(alveston paper.
Reroutep Revorr a 1 Cusa —The New Orleans
mails as late as due are received. The Picayune
says that rumors are afloat in that city of an out
break in Cuba,—the report wae that the people
had arisen rgainst the authorities, and another
that there was a general negro revolt. The Pica
yune places some credit in the rumor. Letters re
ceived at Savannah from Cuba say that a large
number of soldiers had deserted and gone to the
mountains, and that some 20 Cubans had gone to
join them.
An order was received at Fort Adame on Satur
day, ordering the Company of Light Artillery, un
der commamfof the gallent Mujor Sherman, to be
dismounted and the horses oofd. All the Light
Companies in the army have been diemounted but
two which are stationed on the Western Frontier;
this course has been pursued in conscquence of a
want of funds to meet the expense. We very
much regret this necessity, and are very confident
that it will be an vopopular movement.— Newport
News.
Virainia Lecistatvne.~The Virginia Legisla
ture adjourned sine die on Monday last. Five
huudrcd’ and filty-six bills were rcported to the
House, of which 311 passed both houses. Twenty
three joint resolutions were also paesed. The
Senate receded from their amendment to the reso
lutions on the subject of the proposed Southern
Congress, and thus the resolutions are to be sent
to all the States except Vermont,
Boundary Question.—-The Commissioners of
Rhode Island and Massachusetts have been unable
to agree as to their boundur{. now for nearly two
hundred years in dispute. ‘l'he Governor of Mas
sachusetts, in communicating this fact to the Leg
islature, says: “‘should there be no legislation up
on the subject the present session, he shall consid
er it his duty to institnte such process as may lead
to a judicial decision.”
Interpretation of the Cheap Postage Law.—The
Postmaster General has decided that under the
new postage law which takes effect on the Ist of
July, weekly papers only, are entitled to circulate
in the mail free of postage, in the county where
published, and that n estimating the various dis
tances mentioned in the Aet, the office of publica
tion is the starting place and not county lines.
A Rich Windfall.—W e understand that a fortune
of one million six hundred thousand dollars has
been left in England by a fulnil{ to three sisters
residing in the western part of the city; besides a
farm in Centreville, Queen Anne’s county, Md.,
valued at several thousand dollars. One of the
heiresses recently married a city bailiff who resides
up town.—Balt. Clipper.
Omissions in the Seventh Census —'T'he Superin.
tendant of the Census, with a view to make the
tables returued by the warshals as ocrrect as pos
sible, cal's the attention of all heads of families or
single persons throughout the United States, who
have not been called upor by the assistant mar
shals, to send a statement to that effectto the Cen
sus oflice.
Blowing Glass.—'The secret of blowing great
glass bubbles like the decanter which the i‘rench
wtend to exhibit at the World's Fair, consists sim
gly in moistening the mouth with a little water be
ore blowing. The water is converted in the in
terior of the drop, into steam, which vastly aids the
breath in extending the dimensions ef the “bell.”
Mineral Resources of Pennsylvania.—A joint com
mittee of the Legislature of Pennsylvania, 1o whom
this subject was referred, estimate the value of the
present annual yield of the zoal mines of Penn
sylvania, at 17,800,000, and the annual product
of furnacos, forges and rolling wfls, at not less
than $28,000,000.
Mr. Thomas A. Davies, of the city of New
York, has published a pamphlet, in which he pro
poses cast iron plates with rough surfaces, as a
substitute for all other kinds of paving, which some
think that they excel both in cheapness and dura
buhlyd. He bolts the plates down to slightly elustic
wood.
American Timber for Spain.~Don Francisco
Vives, who left New York in the Arctic for Liver
pool on Wednesday, has purchased in this coun
try a large qnnntil{ of pitch pine planks, timbers,
spare and masts, which are being shipped to Spuin
for use in the government arsenals and ship yarde.
Telegraph Speed —lt has been ascertained that
the transmission of intelligence by telegraph is at
the rate of 13,000 wiles per second. Rapid us this
velocity seems, it is about 15 times slower than that
of light, and more than 15 times slower than that
of electricity from the electrical machine.
U. 8. Artilery.—~W e understand it is in contem
plation at headquarters to issue an order disband.
ing this vastly important arm of the army, to which
the country is so heavily obligated for the brilliant
victories obtained during the late war with Mex
ico.~N. Y. Mirror
U. 8. Treasury =On March 24, the treasurer
had subject to druft $14,314.406 7%, of which $l,-
658,369 56 was in the hands of the assistant treas
urer in Boston; in New York 3,076,957 96,
Treasury notes outstanding April 1, $182711 64.
From recent observations of Lieut. Col Johns
ton, curps topographical engineers, the position of
San Antonio de Bexar, of Texus, is found to be
nearly half a degree more to the eastward than it
has heretofore geen placed.
Where the Suver Goes.—-Twenty-one hundred
dollars, mostly in specie, were found in a secret
drawer by the appraisers of the estate of Molly
Sholly, an elderly maiden, recently deceased near
Lebanon, Pennsylvania.
G. Thompson, British M. P., having reached
Toronto, Canvda, delivers his mind very freely
concerning the press and the clergy of the United
BQ‘MT.. The fact is, hie trip to this contry has been
a failure,
Ice on Lake Champlain.—A letter from Burling
ton, Vi, on the lake, says the ice still remaing there
in lugo guantities, and snow is to be seen on the
neighboring hills and mountaine in abundance.
Rich Church —The Montreal Courier says that
three Roman Catholie institutions, in Lower Can®
ada, possess a total income larger than the whole
provincial revenue.
Gen. Childe has been ordered 1o take command
in California, and Persifer Smith is to take eom
'B“d al San Antonio, in place of the late Gen.
rovke,
The present crop of coffes in Brazil, all thero
concur in terming the largest ever known, though
opinion is ama.fi as 1o the precise extent.
Late accounts from Turke Island state that the
salt crop promises 10 be abundant this season.
The Artesion Well in Charleston has reached
a depth of 1020 feet without bringing water.
Republican fHerald.
PROVIDENCE,
Weducesday, April 9, 1831.
PROGRFESS OF THE ELECTION
' Since our last, further elections have been held
to fill the vacancies then existing in the Senate and
| House. On Saturduy, the second trial in North
' Kingstown resulted in the choice of "T'homas G. Al
'len, Democrat, by one hundred and sixty majority ;
the vote being 157 Democrats 020 Whigs On
Monday, there was a severe trial in Richmond, but
it resulted in favor of popular rights, for which that
town will be held in the Lighest honor. The Dem
oeratic candidates were elected by a majority of
seven votes, James G. Sisson, Senator; and Dan
iel Kinyon Representative. The vote was 49 grear
er thanon Wednesday. In Westerly,on Monday,
Stephen Wileox. Democrat, was elected Seunator
by a majority of ten, over Welcome A. Hoxie,
Whig. and thus this hitherto strong Whig town is
found wheeling into line with the Democratic towns
of the State. The vacancies in the Senate are all
filled and only one remaining in the House to be
filled, and that is from this city. ‘l'he second trial
will be had next Friday. The General Assembly
‘now stunds, incloding the Lieutenant Governor
\ in the Senate, as follows :
Democrats, Whigs. Vacancies,
~ Senate, 18 14
House, 35 36 1
53 50 1
And now we can confidently announce a Dem,
ocratic majority in Grand Committee ; and thatthe
whole Democratic State Ticket is elected, Gov:
ERNOK, LIEUTENANT GOVERNOR, SECRETARY OF
State, Avvorney Geseran, and GEeNERAL
Treasuner. |
And Rhode Island is now most confidently
claimed as & Democraric Ssate. A result that
has been regarded as singular by some, but which
isin entire harmony with what we had good reason
to expect. For wherever Whiggeay prevails any
length of time in its worse type, as it has done in
this State, the people must either throw it off, or
subwmit to policical slavery. “
Wi Aruse 15 N 0 DISPARAGEMENT.—~ When
our adversaries attempt to disparage prominent
public men in the estimation of their countrymen,
resort is sometimes had to imagination without re
gard to fucts, and often indefiance of the well known
testimony of facts. 'We should suppose that the im
policy of such worality could be seen and felt to a
sufficient degree to condemn it, as a means of in*
fluence, even in the minds of those who are not
scrupuleus about the means which they employ.
The attempt to injure the reputation of the late
Speanker of the House of Representatives, by pub
lishing a charge against him, without evidence, of
interpolating into an act of Congress mutter which
had been stricken out in the Senate, is a good
specimen of Whig tactics. ‘T'he fucts entirely ex
onerate Mr. Cobb, and shonld overwhelm his ac
cusers with shame. The Whiggish and ill-timed
accusation of Mr. Webster, Secretary of Sute,
chiefly because he had advocated Democratic meas
ures, and was more devoted to his country than to
his party—without first ascertaining the grounds
of the accusation, shows the point d'appui of W hig
gism. And lately in our own State, the conspira
cy to place Gen. James in a fulse position, and the
barbarous attack upon the home of Mr. Lawresce,
one would suppose suflicient to convince the most
skeptical how little reliance can be placed for com
mon fairness in thuse who fancy themselves u distinct
order in society. And we find it necessary to add
to the few instances already given, the assertion in
the Journal of Saturday, relating to the course of
Gen. Cass in the Senate at the close of the Jast
Congress. Gen. Cass is represented by the Journal
as having suddenly bethought himself of the fact
that the thirty-first Congress closed ut the hour of
12 on the night of the third of March. A little at
tention to the words of that Senator, and a little
respect for the facts as they are recorded of his
course on such occasious, wonld have saved the
Journal the trouble of representing this settled con
viction of a distinguished Senator merely as a
temporary expedient for declining further action
at that time upon the River and Harbor Bill.
New Hasesuine.—lt appears that the fifteen
amendments which were proposed to be made to
the constitution have all been rejected. This can
ouly be aceounted for on the supposition that some
of the proposed amendments were so unpopular
that a majority came to the resolution that the best
way was to reject the whole. The convention
will meet again according to their adjournment;
and it is suggested by the Newport Argus, that if
the convention should present to the people the
question respecting the religious and property
qualifications, and the article providing for future
amendments, the views of the convention would
meet the approbation of the people. And we un
derstand that another attempt will be made to re
move the only anti-republican feature from their
constitution,
Vevavriry.—The last accusation breught by the
Journal against the Whig party in this State, is,
that they sold themselves at a high price to the
Democrats. But us the latter have been so much
despised for their humble circumstances, we sup
pose the Journal thinks that the Whigs who were
¢old asked too much for themselves, and should
have considered the inability of their purchasers to
give so much. We should be glad at any rate to
find a good motive for the accusation, though we
have no reason to expect any evidence of its truth.
Cosngericvr Frecrion.—lt appears from the
returns reported, thus far, that the Democrats have
carried a majority of the Legislature, and very
likely elected the Governor by a popular vote.—
Twenty towns give 23 Democratic Representa
tives to 4 Whigs—being a Demoeracie gain of eler
en and a Whig gain of one. Ingersoll. Democrat,
is evidently elected to Congressin the 2ud District,
The returns are decidedly favorable to the conclu
sion that the State is Democratic.
Evesives with Suerioan.—lf we were to at
tempt to copy half of the eulogiums passed on this
original entertainment of Mr. G. Vandenhoff, by
the press of New York, Washington, and other
cities, we should fill a whole sheet. Suffice it to
wly that these “‘evenings” have been repeated in
New York three times to crowded hounses and
have been received everywhere with universal
approval. The firstof the course takes place at
Westwinister Hall this evening.
Fine.—On Satarday, about noon, a small dwel
ling house in the north part of the city, near the
establishment of Corliss, Nightingale & Co., was
partly destroyed by fire,
On Sunday, between 11 and 12 o'elock, a build
ing on Fox Point, helonging to Steore & Mowry,
and a small dwelling house adjoining, were lostin
the same fire ; but the loss is said to be covered by
insurance at Hartford and Lowell.
£ The railroads aod steamboats leaving this
city. have entered into their Spring and Summer
arrangements. ‘T'he reader is referred 1o the ad
yertising columns for the particulars,
EXECUTIVE APPOINTMENT RESCUED
FROM SURRENDER.
On closing our remarks upon Gen. Shields'
case, some three weeks since, we bid adicn to the
subject. Before they were published, however,
the correspondent of the Journal, (upon whom its
editor has cunningly cast his defence.) renewed
the discussion and paraded with a show of exulta
tion, Senator Sevier's cose, from Arkansas in
1837. The discovery of this, threw hinn and the
‘ editor into ecstacies. So mach so, that both for
“got its bearing and effect upon the issue they ure
%0 tenacionus to snstain. Of all advocates we ever
knew, “the able and industrions 8.” is the most
unfortanate and unlucky in eiting anthorities on
‘which he relies. From what eause this misfortune
anses we leave others to judge. The Arkansas
case, every one will perceive at a glance. is the
lust one he shonld have stumbled upon, if he real
ly desired to nssist his friends; and certainly the
last the Editor should have approved without ex
amination. But for his approval, we should not
have deemed it worth the ink of a reply. It i«
proverbial, that the anomalous unity of Lditor and
Executive, imparts to his readers and party a
strange and mysterions sanctity to his dictums,
They seem predisposed to implicitly believe what
ever appears in the columus of the Journal, witha
sort of monomonia credulity, that spurns contra
diction and respects conviction. T'he industry of
8. none will deny. Nor is the anxiety of the ed
itor to shift the burden of his defence npon his
correspondent concealed.
"T'he original position of boh Editor and Exec~
utive has proved one of great responsibility and
delicacy. Both stand * pari delicto,” v relution
to two offences of no inconsiderable magnitude.
The one a moral—the other, an oflicial offence
The one concesled a treacherous conspiracy
against congenial associates and partisan (riends—
the other, an official dereliction in the defence of
the constitntional right of the State. Had the ed
itor allowed himself time to consider the bearing
and effect which Sevier's case has upon the ques~
tion, he must have seen that his commendation of
S. was misplaced and fatal to himself. "I'he case
is sadly unfortuzate for both. It wrecks their
fragile bark and leaves the:n scarcely a plank for
salety The Editor says:
“Onr able and industrious correspondent 8,
publishes another and conclusive article” on the
subject. * * * *. « There is no pussible doubt
left upon the question. Not only has it been settled
as we said n the beginning, but it is equally clear
that it has been settled right, and that the decision
of the Senate, which, whether right or wrong,
would be final wntil veversed by the same tribumal,
was made in strict accordance with the spirit of the
coustitution.”
" The Arkansas Senator’s case thus commended
was this. In October, 1836, the legislature ol that
State, made their first choice of Senators. Messrs.
Fultonand Sevier, werechosen forsix years,subject
'o be clussed agreeably to Art),sec. 3d ofthe Consti
tion, and of the resolution of 1789. October 5,
1836, Mr. Sevier drew No. 1, and was according
ly of the class of Senators whose term of servico
wonld expire March 3d, 1837, Sen. journal, p. 5.
T'he stated and known period when his term of
service would expire, was then ascertained, in
comformity to the Constitution, and the fact thut a
vacancy would oceur on the 3d of March was ful
ly known. The Legislature nothaving beensince in
session, the Governor, Jun. 17th 1837, commission
ed Mr. S. to fill the vacaney. The question was,
whether Mr. 8. was entitled to his seat, under that
Executive appointment? Upon the face of the
commission, the appointinent was made in antici
pation of, and long belore the constitutional va
cancy had * literally occurred or come to pass.
The case presented precisely the objections which
were raised on the commissions of the Governors
of Connecticut, in I'racy’s case in 1801, bearing
date Feb 20th; and in Lanman’s case in 1825,
bearing date Feb, Oth. In this respect all these
were analogous cases. All were Executive Com
missions to fill vacancies ** happening" on the ex
piration of Senatorial terms.
Against the validity of these commissions the
two constitutional requirements which restrict the
appointment to a vacancy actuslly and literally
occurred and during the recess of the Legislature,
interposed their paramount and supreme inhibi
tion. In weither case did this inhibition reach, re
late to, or affect the right of an Executive to ap
point, when the vacancy hud come to pass and ex
isted. The inhibition requires the concurrence of
these two contingencies, s
Oue without the other vitiates the appointment.
They must exist simultancously to authorize an
Executive commission. Upon the face of Mr.
Sevier's credentials, it appeared, there was not a
vacancy, although there was a recess ofthe Legis
lature. The Governor, having been apprised
that by allotment Mr. B.'s term would expire on
the 3d of March, anticipated and filled it by com
mission Jan. 17.
Hence one of the prescribed contingencies did
not exist. Yet he anticipated and filled a vacancy
which was 0 *“ happen’’ at the expiration of a
term. e did that, which alone devolves upon
all Legislatures in making elections to fill vacan
cies that must occur at future knowr, and stated
periods. This is enjoined specially by the 4th
sec. Art. 1, Const., as we have before shonn.—
The distinetion between the powers conferred
upon the Legislatures and jhe Executives obvi
ates ull confusion. The Legislatures are obliga
ted to anticipate and fll vacancies at stated peri
ods. The Executives are restricted to actuul va
cancies and cannot anticipate them.
Upon this distinction, *“ the principle asserted,”
in Lanman’s case, os stated by Mr. Grundy in his
report, could not ** constitute such a coutingency
as is embraced in the 3d sec. of art 1. of the Con
stitution.” ‘l'he reason assigned, is, **that the Leg
islatures, in making elections themaclves, shall
provide for all vacancies that are to occur at known
and stated periods.” If such a principle was as
serted in that case, it affords a stronger reason
against the decision and shows it was made alone
on the invalidity of the commission, and not on
the ground that the Governor conld not wppoint,
when the Legislature had fuiled 10 provide for a
known and stated vacancy. It will be seen at
once that upon the principle which Mr. Grundy
says, was asserted iu that case, the power of the
Governor would be entirely saperceded on the
expiration ol a regular term of service, because
the principle asserted presupposes the anticipated
vacancy to have been filled by the Legislaiure.—
This is the extent of the principle, which Mr.
Grundy states, was asserted in Lanman's case,
. not that the Governor could not appoint, but
where the Legislature had failed to yrovide, that
the principle asserted did not embrace the contin
gency contemplated in the 3d section. There is
no mystery here. We agree with Mr. Grundy
i that if the contingency contemplated, obligated
the Legislatures to anticipate and fill it, the object
of the Constitution is atiwined and the alternative
power of the Governor could never be applied or
exercised. Consequently, the principle asserted
in Lanman’s case, did not and conld not constitute
such a contingency. Mr Grundy stated the prin
ciple to show its utter inapplhicability to the consii
tutional provision in the 3d section, and to free
Mr. Seviet's commission from any objection that
might be made on the authority of Mr. Lanmau's
case. While it uccords with, it affords an addi
tiomal reason for the construction we have given
to it. 8. unfortunately misconceives the plain im
port of Mr. Grundy's report, as he has every other
case he has cited. Both Editor and Executive
stand in no better situation. This is manifest from
the manner he states the objection in Lanman's
case, viz: E
“ This decision seams to have been generally acqwi-
esced in gince that time; mor is it intended by the
commiltee to call its correctness in question. The
principle asserted in that case, is, that the Lc{idalun
of a State by making elections themselves, shall pro
vide for all vacancies which must occur at stated and
known periods ; and that the expiration of a regular
term oj}::nicc is NoT such a contingency as is em
braced in the third section of the first article of the
Constiintion,
** The case mow under consideration is wholly different
in principle. “I'he time when Mr. Sevier was to
go out of office. under his election made by the
Legislature of Arkausas, was decided by lot, agree
ably to the provisions of the Constitution on that
subject.”
* That the expiration of a regular term of ser
vice is not such a contingency,” is here made to
depend on the principle asserted=—not upon a va
cancy that has actually ocenrred and unprovided
for by the Legislature. 8. does Mr. Grundy as
much injustice as he did Messrs. Webster, Ber
rien, Foote and Cualhonn, in misunderstanding
them in his reference to Gen. Shields' case. Mr.
Grundy corrects him in the following explicit man
ner, and shows that a vacancy occasioned by the
expiration of a regular term of service, not sup
plied by the Legislature, is such a contingency as
comes fairly within the provision of the Constitu
tion which authorizes the Governor to fill it. Yet
Mr. Grundy is cited to prove a Governor has no
such power, and both Editor and Executive en
dorse it and suy, * there is no possible doubt lift on
the subject.”
But the report is so plain that an ordinary mind
cannot honestly mistake it—viz:
* Afier the decision thus made, the Legi<lature
of Arkansas. not being in session, could not sup
ply the vacancy ; and the case, in the opinion of
the committee, comes fairly within the provision
of the Constitution contained in the third section
of the first article, which declares, * and if vacun
cies happen bfl resignation or otherwise, during
the recess of the Legislature of uny State. the Ex
ceutive thereofmay make temporary appointments
until the next meeting of the Legislature, whieh
shall then fll such vacancies.'"”
T'he right of the Governor to fill it is here fully
recognised, admiited and confirmed. The distine
tion between this case and the principle said to
be asserted in Lanman's, is clearly illustrated.
The only question was whether Mr. Sevier was
entitled to his seat under his commission, which
was granted before histerm expired. Upon pre
cedent and examples, the committee say—viz :
“ Upon the state of the case, the question is pre
sented, whether the said Ambrose 1. Sevier isen
titled 10 his seat under the appointment made by
the Lxecntive of the State of Arkansas? In look
ing to the practice of the Senate upon the subject
of executive appointments, NO CASE LIKE THE
PRESENT HAS Brex FounD, Several cases have
occurred in which the cxecutives of different States
in anticipation of' the expiration of the regular
term of service, have appointed Senators, (the
Legislatures not being in session) and in all of
these cases, the Senators thus appointed were ad
mitted to their seats: uutil the called session of
the Senate in March, 1825, when Mr. Lanman,
of Conneciicnt, whose term of service expired on
the 3d ot March, 1825. produced his credentinls
from the Governor of Connecticut, aud the Sen
ate decided he was not entitled to his seat, by a
vote of 23 to 18,
They conclude their report thus—
“ The Committee are of opinion that Mr. Sevier
is entitled to his seat, underthe Executive appoint
ment of the 17th of January, 1837, and therefore
submit the following resolution:
Resoleed, That the Hon. Ambrose H. Sevier
appointed a Senator by the Governor of the
State of Arkansas, have the oath required by the
Constitution administered to him.”
On the next day the Senate adopted the resolu
tion, 26 to 19.
T'his decision then, in 1837, reprobated, rebuked
and reversed that in Lanwan’s case, upon what
ever ground it was made. It was no longer a
precedent for anything. From 1837 it stands con
demned and expunged from the record of the
Senate, as a decision wrong in principle, and ad
gnp P
verse both to the Constitution and all prior and
settled precedents in analogous cases. Concede
for the argument that the decision in Lanman's
case, was as Correspondem, Editor and Executive
say, and that it * settled the question until revers.
ed by the same tribunal,” here is its revessul by
the same tribunal full and complete in every part.
p yp
T'he right of the Governor to appoint on the ex
piration of a Senatorial term, is here recognised,
sanciioned and confirmed—even beyond what we
have asserted. Yetstrange as it may seem, the
y y
persist in their error, which their own cited exam
ples expose and detect. The question upon au
thority stands thus—
Ezecutive Appointments con Not confirmed.
fir"::td. I James Lanman, Connect
1. Willinm Cocke, Ten- | icut, 1825, —~commissioned,
nessee, 1797 —commissioned | Feb. 9, 1825
Apnl 27, 1797, Rejected by Senate, Mar.
2. Wm. Hindman, Mary- | 7, 1825,
land, 1801—date of commis- I l)_l‘;uu:‘n—“lt ua,j‘:m be
sion not given, considered as a sel con
‘!’!. Uriah T'racy, Connect- | struction of the constitutional
icut, 1801,~commissioned, | provision, that a vacancy
February, ‘J‘OIN, 1801. | uu:’:t have literally “A?peu
4. John Condit, New Jer-| ed” or come to pass, before
sey, 1803-—date of commis- anfi:;po::umnt can be made
sion not given, to fill at.
5. fl,ammld l‘mit'!n, Mary- 3 uuv.ls;&;olmu'o messnge
land, 'Bo9—date of commis- | June . As the pro
sion wot given. ceedings in this case v\"rro
6. Jo=eph Anderson, Ten- | in stiict accordance with
nessee, 1809—commissioned ' precedents sanctioned by
Feb. 6, 1809. . g both the great pa ties, it
7. Charles Cutts, New | could not bave been furseen
Hampshire, 1813,—date ufl |g me that the valulity of
commission not given. I r. l.anmqn’. commission
8. John Willlams, Ten- | would be disputed.
nuu;d 1t1317.-l—coumniuiumd In d"l. debate on Gen.
Jan. 817. Shields’ case, 1849, Mr.
9. Ambrose H. Seveir, Ar- I Badger said in reference to
}nns&;;,l?ii:ln—mmmiummd l lhi; cnc* “ ':m Governor
an. 17, 1837, undertook to fill & vacancy
““The case in the opinion | which was to ocenr on the
of the Committee comes ' 4th of March. The Senate
fairly u:uhin_ the provisiun I de ermined thatthe commis
of the Constitution, contain- | sion was void, because the
ed in the third section.” I Governor could do nothing
Bonate 04 10, oup, Jatmes | | Moserns Webshoe, Beveion
. . s ie
Lanman, appointed ’hy Gov- | Calhoun, Mason, Foote nnd'
ernor in recess of Legisia- | others to the same effect.
ture, befo e vacancy oceur- Lastly. Decision reversed
:dlh t":lcv'dl.d b.y s'ecvalo U‘. ::‘4’l7 u&uimted‘hy Bon:'to,
«tha « Lanman was ne J7—~because, it asserted a
entitled to a seat. principle that 'did not con
stitu'e such a contingoncy
as is embraced in the 3d
section of the first article of
the Constitution. Condemn
ed ns a precedent—and the
right of the Governor to ap
point on the expiration of a
regular term, sanctioned,
and confirmed.
To the other parts of the ** able and industrious
S.'s reply.,” wherein he charges us of mutilating
the record in Niles's register, and of falling ** into
% bungling histurical error in relation to the mid
night act of John Adums,”” we have but few words
to say. His unlucky failure to rightly compre
hend the precedents he cites, is a sufficient excuse
for his mistaking the comments of the editor for a
part of the record he says we have mutilated
What he so stupidly gnoted from Nilesas a part
of the record of Lanman's.case, was the editor's
remarks on the 4th of March, and reads thus :
“ Some conversation took place in the case of
e .
Mr. Lanman, reappointed by the Governor in the
recez of l"l'.l Lo:uln‘:u.arol. “.|l;o qnestion l;em.
whether a failure by 1t Agislature to make a
choice of a Senator, constitutes the contingency
in which a Governor may appoint a Senator.”
Cannot our friend 8. see the distinetion between
a failure 1o elect und an actoal vacancy ! Itisan
existing vacancy whether by ‘he expiration of a
term or otherwise that constitutes the contingency
~not the failure of the Legislature to chooss
But to gratify 8., we will oppose what Mr. Taze
well wnid on the 4th as stated by Mr. Niles, viz :
“Mr. Tazewell ook the opposite side of the
question, and entered into an argument of consid
erable length to show that the temporary appoint
ment of 'l.fr. 8. by the Goevernor of f)onn«;ticnl.
was, under the circumstances, nnconstitutional, and
that he was not eutitled 10 a seat under that ap
pointment.”
Mr. Tazewell's ground, was exnctly according
to the decision. He placed :‘ln objntiioa on rn'm
appointment—not on the right to appoint or fail
ure to elect. Neither of these quotations howev
er constitutes any part of the record. 8. la?d.
fault with us; yet in quotiug from what he mis
conceives the record, he omiw what the editor
makes Me. Tazowell say, thongh on the same
page. The record from which we quoted, was
not made until March 7, and no mauatilation is to
found in our extracts therefrom.
Equally unfortanate is he, in displaying extracts
from the Senate journals, to show what he thinks
onr * historical error.”” He even has the vanity
1o think we profited by his suggestions relative to
the political feeling under which Tracy’s case was
decided in 1801. We should be as glad to learn of
S.as any one else. But unless he proves more
aptio discernment in future, and reads the En
glish language with greater intelligence than
he does the Constitution and settled adjudications,
~we shull despairof * profiting” hy any suggestions
ihe way make. If he had understood our quota=
’ tion from the Senate’s official organ, or had read
Mr. Jefferson’s notable declaration, respecting the
outrage that was threatened on the Constitation,
to which we alluded, he would have seen at once,
we could not have profited by his suggestions.—
He would have seen also, his mighty show, that
the midnight judges were confirmed on the 20th of
February, did not militate at ali with what we
said. What we said was, * the special session
‘was desired by Prerident Adams, to confirm and
“entail npon the country a bateh of sinecure jndges
and officers of midnight appointment” He be
gan his desire as early us February Gth, and noti
fied Gov. Wolcott thereof, seven days before the
act passed that created the judges. He conld not
have foreseen when the act might be passed, or
that his nominations would have been confirmed
anterior to the 4th of March. "T'o provide against
contingencies and a defeat of his desire, the spe
cinl session was called 10 accomplish the objects, if
they should by any accident not have been accom
plished before the regular session expired. We
are, therefore, unable to see that our industrions
friend 8. has even redeemed his promise 10 cor
rect what he fancied was a * bungling error” of
ours. Ifhe will notbe offended, we will close
with a line of advice. Stady the constitution.—
There is not a word in it misplaced. or without a
distinet meaning. Itis no enigma. A failure of
the Legislature o elect, is not a vacancy—or a
constitutional contingency that authorizes an Fx
ecutive appointment until the contingency has uc
tnally “happened.” Fully comprehend the effect
and bearing of an nuthority before you venture to
rely upon it, or expose it to youradversary's scru
tiny. Unlios« great discretion is exerted in these
maltters, you may continue *“to blunder in spite
of experience.” Finally we have exposed a con
spiracy, which, but for the fortanate election of
Gen. James as Senator, would have treacherously
achieved an Executive outrage upon confiding
friends. We have defended an important delega
ted right of our native State againstits sacrilegious
abundenment by her Chief Magistrate ; until the
sovereign people themselves, huve nobly and pat
riotically entrusted an! counnitted 1t to another
Executive, who will cherish, guard and protect it
with scrupulous fidelity. With these results we
leave the subject satisfied und contented.
THE ALLEGED FUGITIVE IN BOSTON.
Last Thursday evening, Thomas Sims was ar
rested, and kept in custody of the U. 8. Marshal,
in a room in the Court House, through the night.
A. O. Butman, one of the officers, was slightly
wounded in the little conflict that occurred in ef
fecting the arrest.
A strong posse of officers were kept in readiness
if they should be needed But no disturbance
arose except from Mr. Sewall, a lawyer, who being
refused adwission to see the prisoner ata late honr
of the night, became so excited that he was taken
to the Watch House.
In the morning, the police were found guard
ing the Conrt House, and persons not having
business within, were prevented from entering
At about nine o'clock on Friday, the examinaion
commenced before Commissioner Curtis. After
receiving testimony on the part of the government,
the further hearing was adjonrned to Saturday
morning.
While this examination was in progress before
the Commissoner on Friday, an application was
made to the Sapreme Court for a writ of habeas
corpus. Butthe Court decided upon the statement
of facts in the petition, that if the prisoner should
be brought up on the writ, it would be their daty
to order him to be retained in the custody from
which he was taken. And no writ was issned.
- On Saturday the examination was continued
‘before the Commissioner, and the counsel for de
fence having stated his points for argument, the
commissioner remarked, that as the defence had
‘no testimony to put into the case, and as a prima
Jucie case had been made out on the part of the
government, he should postpone further heating
only to Monday, 12 M.
Attempts have been made to produce a riot in
- reference to this case. On Thursday night, abont
12 o'clock, there was an alarm of fire, and Mr.
Fletcher Webster and others supposing it had re
lation to a mob, issued from Tremont House, and
- Mr. Webster in attempting to stop the ringing of
the bells, is said to have assaulted a watchinan
for which he was arrested, but was admitted to
| bail in the morning.
| In the afternoon of Friday, o handbill was post
ed in the sireets calling a meeting to consult in re
' gard to Sims. About & hundred persons assem
bled in front of the State House, and were addres
| sed upon the object of the meeting, which appear
.ed more for action than for consultation. They
' were exhorted * to Wock the wheels of government,”
l and prevent the fugitive from being carried out of
| the State, and for this purpose to assemble about
' the Court House.
A petition was presented in the House of Rep
resentatives signed by Theodore Parker and others,
for the use of the State House yard for a public
meeting in relerence to the arrest of Sims, and to
devise measures proper and legal for the defence
of their rights. On motion of Mr Cushing, the
petition was laid on the table, yeas 147, nays 113,
The meeting in front of the State Honse ad
journed to Tremont Temple, and there they were
again addressed by several speakers in furtherance
of their object. They were abolitionists and not
very numerous. They finally adjourned o meet
in Court Bquare on Saturday morning atloo'cloek,
“to obstruct the streets and embarrass the proceed
ings in the examination of Sims."”
So fur, however, the attempts to create a riot
appenr to have failed. The abolitionists are dis
appointed. They create very little sympathy by
their insane appeals. Resistance to the laws does
not now appear to be popular in Boston. The
authorities are evidently resolved to do their duty.
The military are in readiness for action; and if,
after all these warnings, there shonld arise any se
rious disturbance, those who interfere in the due
execution of the laws, must expect to be dealt with
in & more summary manner. The hope is enter
tained that sober reflection will be indulged, and
l that the necessity for severe measures will be avoid
ed.
When 10 o’clock on Saturday morning came,
there was no unusual erowd in Court Square in
consequence of the adjournment from the I'remont
Temple on Friday. Butanumber procecded from
the Square to the office of Col. Thomas, counsel
for the claimant of Sims. Notice being given to
Marshal Tukey, a sufficient force was soon present
to repress the mob and escort the witnesses to the
Court House. A party from Lyon sttempted to
get into the Court House but were repulsed by the
police. Afier that no disorder occurred on Satur
day. The City Guards were under arms during
the night, and they were relieved on Sunday morn
ing by the Massachusetts Volouteers, and these in
tnrn were relieved on Sunday night by the War
ren Infantry. ‘The reader will ses from this sketch,
that events of the most serious natnre have been
apprehended und properly guarded against. If
the law is not enforced, the end of the Union wily
be nigh at hand. We will not palier upon this
subject,
A second application to the Supreme Court was
made on Monday . praying for a writ of habeas cor
pus for the relief of the fugitive Sims, and afier
argument and deliberation the petition was not
granted
The Commissioner continued the hearing of
counsel on Mouday, and then adjourned further
hearing 10 Tuesday morning.
LAWS or RHODE ISLAND.
STATE OF RHODE ISLAND AND PROV
IDENCE PLANTATIONS.
In General Assembly, January Session, A. D, 1851,
AN ACT cede the jurisdiction of certain lands 1o
Whereas the Congress of the United States has
passed an act 1o erecta light house at Sundy Point,
on the island of Prudence, and has appropristed a
sum of money therefor:
It is enacted by the General Assembly as follows :
Section 1 The jurisdienon ol any lund not ex.
ceeding five acres, on the island ol Prudence, in
the town of Portsmouth, which may be purchased
by the United States on which to ereet said light
house, is hereby granted to said United Stutes : -
Procuded, Nevertheless. that all eivil and eriminal
processes, issued under the anthonty of this State,
or any officer thereol, may be recovered on sauid
land, or in the said lighthou-e or tenements, which
shall be built there, in the sume way and wanner
a 8 if the jurisdiction had wot been ceded as alvres
said.
See. 2. It shall be lawful for the owner or own
er< of land on the said islund of Pradenee 1o sell
und diepose of to the President of the United S tates
80 much land. not exceeding five acres, us shall be
n cessary for the erection of said light house, and
o execnte a deed or deeds thereol, 1 doe furm of
lav. Awndif the owner or owners of said land
shall not agree with the persom or persous who
may be appointed by Ihe President of the United
States to purchase eaid linds, on the value thereof,
then and in sueh case hi« Exceliency the Gosern
or is hereby empowered to nppraise the said lande,
and vpon payment of the value thereof at such ap
prais: ment, or upon the tender thereof being re
fused, the fee and property of sueh Jands shall vest
in the United States.
AN ACT to reapportion the Representatives of the
several towne in this State to (he General Assem
bly thereof. b i
It is enacted by the General Assembly as_follows:
The ratio for representation hereaftershall be one
Representative for every eighteen hundred and seve
enty-five inhabitanis of any town, and one addi
tional Representative tor every fracoon of the iue
habitants of any town exceeding one half the ratio
aforesaid, Provided, howerer, that nu town or city
shall be entitled 1o send more than twelve Repre
sentives, and every town shall be entitled 10 at least
one Representative: that is losay, the towns shall
and may each hereufier send to the General Assem
bly the following number of Representatives, to
wit, Burrillville, two; Glocester, two; Smithfield,
six; Cumberlind, four; North Providence, four;
Foster, one; Scituate, two; Cranston, two; War
wick, four; Coveniry, two; Providence, iwelve;
Juhnston, two; East Greenwich, one; West Green -
wich, one; North Kingetown, two; South Kings
town, two; Exeter, one; Westerly, one; Richmond,
one; Hopkinton, one; Jamestown one; Charles
town, one; New Shoreham, one; Newport, five;
Portsmouth, one; Middletown, oue; Brisiol, two;
Warren, two; Tiverton, three; Linle Compton, une;
Barrington, vne.
I'rue copy witness,
CriRIS. E. ROBBINS, Sec'ry.
VINDICATOR.
AN ACT concermng slanghter houses.
It is enacted by the General Assembly as follows :
Section 1. That from and sfler the first day of
May next uo slanghter house shull be erected. lo
cated, or continued, nor the business of slaughter
ing cattle or other animnls be carried on in any
town or city of this State, except in such place or
places as the town or city council of said town or
city shall designate; and sny person, who shall
erect, loeate, or continue any sluughter hiouse, or
be concerned in slaughtering eattle ot other am
mals for mniket,contrary to thisact,shall forfeit and
pay the sum of one hundred dollurs and costs of
prosecuion for every house so erected or located,
and for every day's continnance in violation of
thiw act; to be recovered by indictment, to the use
of the State, before any court o' competent jurie
diction.
Sec. 2. All acts inconsistent with the provisions
of this act are hereby repealed.
Troe copy —witness.
CHRIS. E ROBBINS, Sec'ry.
AN ACT in addition to an act concerning crimes
and punishments.
It is enacted by the General Asscmlly, as fillows :
Section 1. Any person who shall be convicted
of wilfully or mischievously tearing, cutting, buri.-
ing. or in any other manner dumaging or impair
ing the integrity, strength, and usefulness for ci:=
cu’mion for any bank bill or note, which has been,
or hereafter may be issued by any corporation in
this State, or of wilfuily and mischievously wri -
ing, printing, blotting, or stamping any impres
sions on the same, or of aiding und abeiting in
any of the offences aforesiid, sha'l be im; ri oned
not exceedinz one year or less than one month.
Sec. 2. This nct shall go into effect inmediately
aflter its passage.
True copy—witness,
cuurs. E. ROBBINS, Sec'ry.
AN ACT in amendment of an act re rulating mar
riage and divorce.
It is enacted by the General Assembly as followcs:
lu all peiitions for divoice fur the eatiee of will
ful desertion, the court belore whom the same ma
be pending may, in their diccretion, dispense wnz
proof of sueh deaertion for five years. and grant the
same upon proof of w.litul deser ion fur any less
time. And all petitions now pending befure thie
General Assembly, relaiing 1o the time of deser
tion, are hereby transferred to the Supreme Court,
to be heard and tried, afier such notice o the pare
ties a 8 such court may deem expedient; and this act
shall take eflect immediniely after i 1 passage.
True cu{?-—wuncu,
CHRIS. E. ROBBINS, Sec'ry,
AN ACT in amendment of an act entitled an et
in adition to an act enuitled an act flmbluhu;‘
Courts of Probate,
It is enacted by the General Assembly, as follows :
So much of the seventh section of said act as re
quires a fee of two dollars 10 be paid, on filling a
petition under said net to the Clerk of the Conrt
of Probate for the use of the State is hereby re«
pealed. :
True copy—wilness,
CHSIS. E. ROBBINS, Sec'ry.
e
Accinentat. Deatu —On Monday, when the
sloop Blackstome was descending the river near Fox
Point, Henry Boyd, born in Ireland. fell from the
boom and was drowned. lisage is stated at about
20 years, and his only relation in this country to
be an uncle in Albany, N. Y.
Married.
In this city, 3d inst, hy the Rev. Wm. J. Breed. Mr,
Joun W. Swasev to Miss Sanan E. Cusminomanm, both
of Bucksport, Me.
On Friday evening, by the Rev. E. M. Stor.e, Mr. Wir..
Liam Toxa to Miss Evizansti Prarr, both of (.‘..mpu:. ,
In Warren, 23d ult.,, Mr, Cuances F. Spanxs w"a
Eviza K., davghter of Mr. W, P. Barney, all of Warr n 3«
In Bristol, 2d inst., Mr, Hexay C. Geanpine 1o Mise
Exivy Ecoren, both of Bristol,
In Fall River, 30th ult.,, Mr. Ricumonp Teaar to Mise
Bersey Hatwaway,
In Boston, 4th inst., Mr. Eowano Porren, of this eity,
to Mre. Sanan Nurrina, of B,
At Plainfield, Ct., on the 94 inst., by the Rev. Mr. Dun.
ning, Mr. J. B§, ‘V:u. of Norwich, Ct,, 1o Miss Fanny G,
Lasten, of the former place, SRR
Mied.,
In this city, 4th inst., after a short and distressing illness,
Miss Many Evizanstu, eldest daughter of Mr. Gorton
and Eliza Burlingame . of Warwick.
On the sth inst., Capt. Cuances Seamans, nged 66 years,
On the 6th inst., Mrs. Many R. Musno, aged 71 years,
On the Gth inst., after a short iness, Mr. Samuen M,
Wannen, in the 40th xonv of hisnge.
On the 7th inst.,, Ansox P. Raicxiey, son of Capt.
Hour{‘amln{. in the 43d year of his age.
In Warren, Int Inst, Miss Ouive Luruen, danghter of
the late Mr. Eddy Tuther, aged 51, —<3lstult,, Ann IB\ \
danghter of Wm. Isaacs, aged 2 years, 8 months and ‘
o Betotol, 34 inet., Mrs. Hanwan, widow of Mr. Richard
West, ag d 76, —2Bth ult., Miss Sanam Anw, daughter of
Mr. Nathan A, nmn.:. in the 18ih inr of her age.
In Ihmoa-vnllo. h oult,, Mrs. Ecizannrm, widow of
Benjamin Grant, of Barrington, aged 90,
In Tiverton, 20th wit., Mr. Sion 8. Aiuaw, in the 35th
year of ns nr.
In Seekonk, S2d ult, Lrowona Aweria, danghter of
Capt. Benjamin Brayton, S..r stenmer Empire State,) aged
| yenr, 4 months, and 17 days <294 uit.,, Vinonn B,
Buervin, aged 44. ¥
In South Seituate, 234 ult,, Mrs. Avmina, wife of James
B. Weaver, B« in the 46th ye 1 of her age.
In leh‘mlu. Mass., 4th inst,, after n protracted -
ness, Me. Jown 1. Mowny, son of flnjuv Nathaniel Mowry,
late of Smuthfield, in the SlAJou ol his age.
In 'bll“orllh. Lh it Mr. Cuanans B, Tuomrsen
son of Capt. Peleg 8. Thompeon, of Biistol, R. 1....-l“
venrs.
the United States
True copy=-witness,
CHRIS. E. ROBBINS, Sec'ry.