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THVMDAI, JULY 11. I?? Tm Carrier* mf Wrmpuwri. Paring the last ten days, several of the regular Carriers of the Herald hare wilfully neglected aerv lag their subscribers, in order to ?ell their copies at an advance, endeavoring at the same tine to pit otf upon our patron* the other trashy penay and two penny paper*. In order to put an end to this nefa rious business, and t? ensure the punctual serving ?f our subscribers, we hare determined to change several of onr present Carriers who neglect their du ties, for honest and competent men, who will attend to then. The increase of the Herald is so great that routes will furuish good Carriers with steady livings. Carriers answering this description will please to call at this office, 21 Ann street, between the hours of 10 and 2 e'clock. Wasted IminrrfiHtaly, A good horae and gig, to follow the Royal cortege of his Majesty the President, during his plain repub lican Progress through his native state. Any livery ?table keeper who can supply sach an article on rea sonable terms, can apply immediately ts me, at 21 Ann street. I want it for my own use, in order to be able to track the footsteps of hi* Excellency. The horse mast be acquainted with crooked paths and by-ways, aa we will have a very circuitous route to take to reach Kinderhook and Saratoga. The gig must be royal and superb, befitting the high caval cade it is meant to join? the royal republican arms on the pannels. Also Wa>te4, A good Setter Dog, who has a capital nose and is well trained. In the royal progresa 1 am afraid that we may lose the tracks of his Highness occasionally. In such a dilemma I want a good pointer or setter, capable of discovering ths royal covert amid the wild thickets of locefocoism in Westchester, Duchess, Columbia, and Saratoga counties. Great sport mav be expected. Hi* Pw critic Majeuly on Ike High Rood | ta iiRg Ming. In the same order that His Republicaa Highness, Martin Van Buren and his body guard, left New York, they arrived at Harlem. Here the squad of shabbies, unmentionables, gentlemen, rogues, loafers, decent men and vagabonds, delivered hira "with care, this side up," into the hands of the committee of republican farmers from West Chester, headed by the veteran Mr. Hunter, whose barouche was in wait ing for His Majesty. His Republican Highness, glad to secape from every recollection of the relics of New York, jumped into Mr. Hunter's barouche, bade an universal, and far once in his life, a hearty adieu to the New York cseort of fantasticals, and set his face for Hunter's Island and the elegant mansion it contains. "Well, he's gone at last," said Alder man Purdy to Mayor Warian. ''Yes, God bless him," said the Mayor, u for he's a man of great ge nius?" But the Mayor is much mistaken. Mr. Van Buren is a man of much tact, and uot a little talent, but he's too much of a gentleman to be a genius ! The escort that took His Highness from Harlem Bridge to Hunter's Island, was of 'another guess kind' from many of the unsubstantials that left New York with him. They were not men of great education and refinement of manners, but they were men of sound common sense, of good standing in sucie ty, and have a solid stake in the commonwealth.? Mr. Huuter himself is a gentleman by nature, and one of her truest noblemen? plain, simple, and unas suming; yet possessing excellent judgment, and tine taste for the bellt* lettren, music, poetry, painting, and abstruse science. His Democratic Majesty felt at ease amongst them; here he reigned supreme ? a gentleman by education, habit, associations, and from choice, he is unhappy but with those who have the stamp of genuine gentility about them. He was sur rounded by men of good breeding, but moderate in tellect?men who had not the art to conceal their nature, sr the little they might know ? men whom lie could easily lead in various ways, and who would ?ever resist his desires, or say aught to auaoy hint. Here he was, for a brief space, happy. His reception along the entire route was really pleasing. A great number of ladies waited hours to see him ; the excellent wives and charming daugh ters of the substantial Westchester farmers, (the bone and sinew, aye, and even the mrrrow of socie ty,) turned out en mane, to see and greet the Presi dent. At W est Farms a very large number of horse men, well mounted, and ladies in carriages, wore assembled to do him honor ; and here the cheering Was most enthusiastic. Hence the route to the beautiful residence of Mr. Hunter is full of delightful scenery. The waving fields of wheat, corn, rye, See., on the one hand, the luxuriant meadows, skirted by the East river on the other, the groves of noble trees, the rivulets, brooks, creeks, inlets, bridges, " Mu?*cs, waters, slaps, and stiles,' with here and there the neat white cottage of the independent husbandman, contrasting with the plain substantial farmer, all combine to produce a scene that few places, saTe this part of Westchester, can produce, for beauty and picturesque effect. Passing by the stone and wooden bridge at Westchester, the road leads round by the handsome mansion of Tho mas E.Taylor, Esq., the excellent and sterling far mer, who curbed and destroyed the atrocious mono poly of Harlem Bridge. The road hence is full of beauty and variety till we arrive abreast sf Hunter's Island. An abrupt turn right, exhibits the house on the summit of a hill, covered with groves of trees, lawn, grass plats, and rich fields of grain; the ufi/e ft duiri combined to admiration. A short descent brings us ts an arm of the East river which divides the island from the main land. A neat bridge crosses this, at the end of which stands the porter's lodge, similar to those at the entrance to the parks of the nobility is England, though on a somewhat hum bler seals. A winding road, up a gentle rise, leads past the stables (which are not well concealed fr?m view) to the west point of the mansion of Mr. Hunter, which as far as its internal arrangements go, may be termed princely. The two sides of the home are embowered, or as we Irishmen would say, sur rounded with tress, and the east front opens oa the E*st Riter with a glorious view of Long Island t< Had A sloping lawn of great beauty, interspersed with flower borders, leads frons the CM*t front steps to the w ster's edge fueh is the state and situation of Hunter's Island, f -aid its princely mansion, which is almost the most beautiful plaee in the county, and at which II is Republican Highness, Martin Tan lluren, satiated the cravings *f his regal stomach, and reposed His Im perial limbs, by the grace of God, on the night of Tuesday, the ninth day of July, i, the y<tJir nf n||r Lord and Mavior Jesus Christ, one thousand eiplit hundred and thirty-nine, and there, fur the present, we leave him. Ariel was with him the best part of yesterday;? walked, talked and dined with His Royal Republican Highness, and will furnish the full particulars fur tomorrow's paper, of his Democratic Majesty's do ing* up to bed -time last night. His Royal Republl ran Highness leaves Hunter's Island at ten o'clock this morning, proceeds to New Rorhelle to meet tin wh<>rrsh boys, and thence rides to Gen. Ward's ele gant mansion at fling Hmg, whither our trusty Ariel accompanies him. A Trip i# Bmim-A Trip It Bia? lto|-A Trip $m ? r?m? I hart jut returned from Boston. Ob Friday l??t I started for that beautiful city on a voyage of lore and discovery? love to his Highness, the President, and discovery to know if far famed Harvard would confer on him an L. L. D., as it once did on the great Jackson. During ray absence, all my Ariels and aids-de-camp were busy watching the footsteps J of the President, and reporting accordingly. This trip to Beaton has been a e*ri??u# affair. Like ; his Highness in making a royal progress, it cost me j i aothing but a few half dollars to porters, boots and | | chambermaids. Wherever I went the doors Hew | j open ? charapaigne corks flew up to heave#? or the , ceiling ? and every thing was as free as the a inds on j the mountains. While the President is making his j royal progress through his loyal county of West Chester, and conferring everlasting honor on the old nobleate by sleeping in their sheets, eating their bread, or drinking their wine, or ogling their wives, we trust that we n?ay be allowed to give our readers a full account of the trip to Hoston ? of the splendid travelling on the Sound ? of the busy hum of Provi ? dence ? of the picturesque beauty of Boston. One ' of my objects was to take a look at the AUston Gal- j , lery, and a beautiful collection it was. In a day or two we mean to join bis Highness at j the State Prison at Sing Sing ? not to break stone, but to break hearts ? the hearts of the pretty girls of j Sing Sing and Mount Pleasant ? not to " suffer some" in our own proper persons ? but to make others suf i fer some for us great men. During the next six | vfeeks, the President will remain in this State. He will visit every distinguished spot from New York j city to Saratoga? not forgetting his old cabbage , garden in Kinderhook, which must be put in repair by next year, if the whigs should have sense enough to take up General Scott. To attend the devious i footsteps of his Excellency, we find that, not one Ariel, but half a dozen are necessary. Hi.* High- j ness is like a wild duck in a pond. He dives down ; among the bushes; but the devil cannot tell where he usay rise on the surface. But to catch him wber ever he pops up his head, we liave despatched one | experienced Ariel, three spirits of the air ? four ! spirits of the water, one spirit of fire, from the body 1 guard of Beelzebub, and an experienced spirit of j mystery from hell itself. Whatever course he may I take, one of these will catch him ? nor will they be ! cheated out of their game by all the crooked ways i and zigzag paths his Highness may take. la the meantime, while Mr. Van Buren is hid some- , where in Westchester county, we shall give a de- ! scription of oar pleasant trip to Providence and Bos ton, aud back by the way of Stonington The Wall Stkef.t Newspaper Svstem or Fi nance. ? 1 That the corrupt, speculating, jobbing news papers of Wall street are unable to maintain them selves by a wholesome system of advertising, and transacting their general business, we have long since asserted ; and the recent trialj of Mr. Clirehugh and Mr. Attwill arc incontrovertable evidences of this fact. The " Courier" sued Mr. Attwill, of the music warehouse Broadway, for over $180; it was alleged that this sum was for advertisements. Mr. Attwill proved that he never sent any ad vertisemcnts to the "Courier," because they were seldom seen by any one amid the crowd of old unpaid advertise mcuts in that blood stained sheet. He also proved that an item of was charged for one advertise ment placed on the lust page of the paper for sixty three days without his order. He farther showed that many of the advertisements said to have been ' sent by him, and inserted in the "Courier," were ' printed copy, marked on the margin "Com." thus showing that they were sent from the "Commercial" to the " Courier.'' 1A.d this is the way that one corrupt Wall street 1 paper endeavors to bolster up another, and the honest I industrious tradesman is made to suffer. They ul , I ways select a good victim; Mr. Attwill was known I .i? an upright, correct, punctual tradesman; his adver- j | tiseincnts were inserted without his know ledge, and j | he had to pay far this shameful scheme #130, in- j ! eluding law expenses; for which sum he did not de- ' rive ISO cents worth of benefit. The case of Mr. i Clirehugh, the fashionable hairdresser, coraer of Broadway and Fulton street, was equally oppressive and shameful. He never saw the " Gazette," a paper j which prosecuted him for .advertising charges; scarcely knew of its existence, and never on any occasion ordered an advertisement to be sent to th? " Gazette, ' an J yet the conductors of that paper in sert his advertisement without order, and prosecate him to recover the money. Such conduct is most shameful. One plea put iu by the " Courier," we wish they would stick to. They said that some one brought the advertisements to them purporting to be Mr. Altwill's agent; that upon the good faith of this statemeat, that the bearer was the agent of Mr. Att will they gave Mr. A. credit, and upon this plea the Judge said they were entitled to recover. Now, what is sauce for the goose is surely sauce far the ! gander. Inw time since, one ?>f their editors, j named Burdett, known to be connected with their paper, went to the livery stable of Mr. Benjamin j Roe, in John street, and hired a horse and wagon for the "Courier and Knquirer." Knowing him to be an agent of that paper, Mr. Roe gave the establish i ment credit for the horse aud wagon. The latter , ? was broken to pieces, and when Mr. Roe presented the bill for $12 for expenses, the cashier of the "Courier" refused to pay ? cent, or recognise the acts of their agents. Now we ask is this either just or honorable! and will honest merchants patronise people who act in this outrageous manuerl Tm* British Qite*.? ' The period for the arri val of this noble vessel is rapidly approaching. Ex pectation is on tiptoe? she has, if she sailed on her 1 day, already Wen out 10| days, and there arc many who are confident that she can perform the passage in tbat time. If, however, she completes 14 days on the noon of Sunday next, she will make a remark able run. She is intended to accommodate IMNI pas sengers, and at onr latest dates, her berths were al ' ready taken up, as well as her compliment of freight It is the opinion of some who saw her just previous to the sailing of the Liverpool that she will be de i tained a few days past ber time, she having to go | from Greenock to London to finish her cabins, to take in store*, dtc. fee., previous to the first. This ! is, however, matter of opinion only. Sunday noon will probably put us in possession of her adviaes. Tub Nr. wBcnoH R*oatta came off yesterday J in fine style. The concourse of people assembled, including npwards of a thousand lovely women, to ' witness it, was immense. We wish we had time to give a full desonption today, but Ariel did not re turn till after II o'clock last night, and we have only lime, therefore, to say the Corsair, of Newbnrgb, heat the Wave, Washington, and every other six oared boat. The Duane came in ahead of the other nine fouronred boats; and of those pulled hy senlls, the Arab was victorious. The whole affair was con ducted on n grand scale. The winners smiled and treated their friends sumptnonsly; the losers wore long fares, and the ladies praised the victors and eon. dolrd the vanquished. The famous boat Wave has at last been beaten? the boat that invariably came in ?bead at every race anterior to this. frh There have been destroyed in Mobile by fire . since the 1st of January last, property to the value j of # Tub American Consul at Havana.? That this nil ku committed outrages enough upon iaerieu citizen* to warraat hi* dismissal, there eannot be the least diubt. But whether he will he dismissed for his offences, is very doubtful. Mr. Van Sure* says, that be looks upon Mr. Trist as art old and very intimate friend; and he cannot, therefore, think of discharging an intimate friend from an otBoe worth ?90,000 a year. Moreover, Mr. Trist has written long and elaborate essays in praise efthe Sub-Treasa ry system, which alone "eovareth a multitude ef sins." Ia what way the Consulate department at Havana is mixed up with slavery, and the slave trade, and how the slavers get their papers from that quarter, is net ?o much of a mystery as some persons imagine ? j Mr. Van Buren thinks it is not worth while to say ( much about it. Lord Palmerston openly charges our Consulate at Havana with furnishing slave papers through the Vice Consul; and be has remonstrated with this Government on that rery subject, and called for the instant removal of Trist from the of fice of American Consul at Havana. Trist laughs at all this, and says that his tenure of office is certain and safe, so long as Mr. Van Buren holds the reins j of government. Capt. Wendell charges Trist openly with having taken sailors and boarded them at his house; and then charged enormously, as Peyton Gay ! did at Martinique. Again, Capt. Wendell says that he has waited on ti?e Secretary of State and the Pre sident for redress. Mr. Forsyth told him to prose cute the bonds given by Mr. Trist. Capt. Weadell ! applied in vain to two or three officials to procure a ' copy of the bonds. Tom referred him to Dick, and Dick turned him over to Harry, and Harry sent him to somebody else; and at last he was told that the de partment would not give him any copies of the bonds for the purposes of prosecution, or for the simple sake of furthering the ends of justice. When Capt. j Wendell was introduced to tko President, and had | told his story, his Highness coolly ebserved, "Ah, Capt. Wendell? prison? umph? your health has suf fered considerably! 1 hope yeu feel better!" "I do a little," said the Captain. " Ah !" replied his High ness, " you had a father, Capt. Wendell? I hope he's well." "He's not living, Mr. Van Buren." "Oh ! I dead ! yes ! 1 remember ! He was a very sensible i man; and your mother was a woman of good sense. ? I hope your wife and family are quite well, #apt. Wendell." "Pretty well, thank you, Mr. Van Buren; but touching this case of mine in relation to Mr. Consul Trist; I have suffered cruelly by him. Can I get no redress V' " No ! yes ! that is, I don't exactly see but that something may be done; but Mr. Trist is a man of good sense, and a very kind heart ; 1 have known him a long time, a very long time. ? He must have been mistaken; he never weuld act so from vindictiveness. I'll see what can be done !" And thus the affair is procrastinated. Mr. Tri*t iasults our merchants and captains, and exults in the success of his schemes. Mr. Van Buren insults our merchants, and exalts whilst bis schemes are blown to the devil! Viva Van Buren ! Viva Humbug. General Scott ? General Harrison ? Mr. Clav ? ii* New-York. ? The " Boston Atlas" copies an article frem a Cincinnati paper, stating that, save and except a few politiciaas in this city, the great body of the Whig party in this state, is not for Mr. Clay. This is even so? but when the same person says that the Whig party are for General Harrison, he says what is equally an error. The opposition parly it for Oeneral Scott, and all the politicians will find it before next fall. Warm Baths.?- Now that the warm weather has come upon u* beyond a doubt, a wars bath is one of the most refreshing things that can be taken ? unless it is to lake a purse. We advise Chamberlain Hoyt, and all the fashionable locofocos to step at once into Stoppani's, at the Arcade Baths, Chambers street, and wash away the impurities caught during the i royal revelries of the last ten days. They will smell I sweeter tomorrow. OCJ- Madame Caradori takes her farewell benefit at the Park this evening. We would, if we could, say something in her favor? but really we know not what to say. Her own sweet voice can best tell of her rare qualities. It ought to be a bumper. A Royal Toast ?At the fgte given by Alderman Hall, at Harlem, after the ladies had retired to tuck up their curls, his Royal Highness Prince Smith Van Bnren, cried out, "now, gentlemen, I'll give you a toast ? fill to the brim." The locofocos present filled all their glasses. The Prince ruse. " Gentlemen," said he, "I give you < ? the Indomitable* anil Buttender* forever.' " The company drank, shouted, hollowed, and emptied every butt-end a second time. " Wl.ut noise is that 1" asked a grocer in Harlem. " It is the chorus of the devils in Der F reischul was the reply. And so it was. Satan popped up his b?:ad at the turn of the tide at Hellgate, and chuckled at the sport. Qty* During the last week our circulation lias i more than doubled. This shows the great prosperi ty of the "Herald," and the approval of the way in which we have served up his Democratic Majesty. During the present week, our table will be equally rich. On Saturday last, our office was surroueded j by a mob all day ? not a mob to destroy ? but a mob to buy, read, laugh and enjoy the descriptions given of his Majesty's curious movements. Next Satur day it will be equally so. Prepare for greater fun than ever. QtJ* President Van Buren goes for the "Indepen dent Treasury," and Governor Seward for perfect "social equality." What's the difference 1 Are they not both equally sincere and equally humbugs 1 fTf- Nolte, the great speculator, having been re leased from prison by a writ of habeas corpus, was last seen on his way to Louisville. Is it not time for the New York speculators to cot and runt fry. SfLtv's portrait of Queen .Victoria closes on Saturday next. ApropoM, a silly correspondent of the silly "Star," says that the Dutchess of Kent is a handsome woman, and Victoria a squat ugly creature. This fellow could never have seen either. The Dutchess of Kent is one of the grimest looking wo< men we ever saw, and we have seen her several times. Victoria is a fair, smiling, pretty looking young Bowery girl? and no mistake. Her figure is J tery pretty and petite. (ft- We have a very serious complaint against the ; Wave stramer on the 4th inst. A correspondent complains that the Captain left two hundred beauti 1 fnl women on the dock at Fort Hamilton till past | midnight. If ha left young men with the young wo men, they could easily have made themselves agree able to each other. If it was beautiful starlight, they i could go a prayiag? vre should have liked no better ' employment. Capt. Thomas Dunham, Jr. of New York, had hi* shoulder dislocated, and Mrs. Ljrdia Macy, wife of Jnsiah Maey, Ksq.< of Nantucket, was severely injured, by upsetting of the Tauaton stage, ia Nctv Bedford, on Monday last. (?? A splendid description of the National Guards at Fort Hamilton will be given tomorrow. Look out for fun. Accounts of dreadlul accidents, and horrible | mangling, on the 4th inst , continue to reach us from | nil parts of the country. I The Cbm mf Mr. *???! Mr*. Barry. [Concluded from yesterday's paper.] If Hi? Honor's order really secure to Mn. Barry the possession of my child 44 until some agreement ?r compromise be made between us," there is little doubt but she will deem it hura for *ve r-uuioea 1 obtain a charge of custody by a judicial decision, which 1 shall most certainly attempt, if 1 be spared, and in which 1 hope and truat to succeed. Though I have ever stood ready to meet her, I can havu no hope of her yielding to any agreement or compro mise, that involves her removal from New York. It is not i? the power of humanity to do more than I have done, of a conciliatory nature, towards her; yet, I have been invariably met with a draw* sword ?the scabbard thrown to the winds: and, the only return 1 have received from her and her family, has been slander, abuse and proscription, dealt out most unsparingly during my absence from the city. ?*r? j it not that almost any individual would be led to suppose, from the allusion of His Honor to 4 agree ment or compromise," that no such thing had noen hitherto attempted, at least by me, I should not, in this communication, have alluded to it. In proot, however, of this, I should transcribe the copy ol a letter I caused to be delivered to her on the 1st day of June last, more than a fortnight after the issuing of the writ of habeas^ orpus To this communica tion I received no r^ily, although 1 called at the house for one ; yet, 1 trust the public will he satis fied, from its perusal that I have done my duty in the premises. 44 Eliza? , , . I have called at the office of Mr. Anthon this day, and found to my great disappointment, as much as to his surprise, that nothing had been yet received by him from your counsel on our unhappy business. I, however, assure you that neither the present ab sence of important testimony, which will be forth coming when required ? nor delay ? nor auy other occurrence, or mode of procedure on the part of you or yours, can possibly break down my determinate resolution to test my rights in you and my child, to the utmost extent, if the decision of a legal tribunal must, at your option, be the only mode ol arriving at that result. Yet, notwithstanding matters have already gone so far, I do feel that this neeu not be and, fully determined to leave no room, ? to have no cause for self reproach in after days, I now avail myself of the lapse of time between this and Monday morning, during which nothing lurther of a legal na ture can be done, again, in the kindliest, and most afl'ectionate manner, to propose, for your acceptance, the most liberal terms of reconciliation, viz : 1 hat all legal and other hostilities immediately cease that deepest oblivion, so far as we are able, cover the recollection of every thing past, of an unhappy ; nature between us; no mention of which, from one to the other, shall under any circumstances, ever take place? and that we henceforth endeavor to die charge faithfully our several duties and obligations to each other, and to ihose dependent on us. I am not inclined ttAonceal, that iu so doing 1 am aware it will be needful fur us on both sides to make a aacrifiee ? a great, a tremendous sacrifice ol pcrso nal feeling* For thia I am prepared. Hut admitting these sacrifices involved in a reconciliation to e most severe, still, are they not far less than the sut ferings which must be our mutual lot in a legal con troversy, and in favor of whomsoever it ? An? then, our children! yes ? our precious children.. Will not you permit their interests, if nothing else to weigh with you I There is no amount ol personal feeling, to the sacrifice of which 1 would not submit, short of total abandonment of character and reputa tion, or a tacit submission to attempts at their tra duction, for the interests ef our dear children. lou now, 1 presume, know my father's unqualified opin ion of your persisting in absenting yourstll from our family, without the possibility of mistaking him; al though I have never spoken to him on the subject one word. To another than Imogen, however, from whose lips I had it, he remarked that 44 in his opin ion, your were planting thorns for your dying pil low. From this I would fain preserve you ; and 1 seriously ask you, ought any consideration lor the remarks of the community, either here or at Nova Scotia on the subject of our reconciliation" to deter us from the performance of duty t If once again hap py in ourselves ? in each other ? nod in tnose so dear to us? as we may even yet assuredly be? of how little consequence to "us wonld these remarks be! And how very small a bearing could they, bj any possibi lity, have on our welfare! 1 bring not these consi derations to your notice iu the form ol entreaty. 1'bis 1 cannot consent to do; but I kindly and allec ttonately submit them tor the decision of your enlmly deliberate judgment in the exercise of which 1 trust the quietude ol the morrow (Sunday) will profitably aid you. Mr. Anthon doeenot ku?w of this communication; neither has it been suggested by hnn or any other person. The spontaneity of ray Wart's deep feelings and a sense of duty, have alone prompted it. I shall call on Monday morning at ball past eight o'clock, that a rculy may be hat.ded me in case you ?o incline; and if eo, 1 request that it may be from under your own hand, and not written by another. Meantime, with tender solicitude and affectionate anxiety, I remain still Voir Husba.ip Saturday afternoon, 1st June, 1H3M. What is the unhappy and unhonorable situation in which Mrs. Barry stands, while thus resisting all at tempts at conciliation, and in which the unfortunate decision of Hie Honor in awarding to her the custt>dy of my child, is but too well calculated to encourage her to continue, may be estimated in some tolerable decree from the following language of Chancellor Walworth, in giving his decision in the case of Ro gers r Rodgers, which 1 have copied from Paine s Chancery Reports, vol. 4, p 517, i<J4. He ?aj ? as follows, via:? "It ia impossible for a femrac convene to make any valid agreement with her husband to live separate from hnn, in violation of the raaimige contract, an J of the duties which she owes to socie ty, except under the sanction of the Court, and in a case where the conduct of her husband has been such as to entitle her to a decree for a separation. 1 he law of the land do?s not authorize nor sanction a voluntary agreement for separation, between husband and wife. The indissolubility of the marriage con tract renders it iinpossihle lor the parties to release each other from the reciprocal duties which the rela tion of husband and wife implies. Sir Wm. Scott, in delivering the judgment in the case of Mortimer v. Mortimer, (2 Hagg Cons. Rep. 3IS,) says, the ! Court considers a private separation, an illegal con tract. It implies a renunciation of stipulated dnties, a dereliction of thos? mutual offices which the par ties are not at liberty to desert; an assumption of a false character in both parties, contrary to the rea status personsr, and to the obligations which both of them have contracted in the sight of God and man to live together until death; and on which obligations the solemnities, both of civil society and of religion, have stamped a binding authority, from which the parties cannot release themselves by any private act of their own. or for cause* which the law has not pronounced to be sufficient, and sufficiently proved." Here, then, is a solemn opinion of the highest au thority in thi* State, of the situation of parties under u voluntary agreement for separation; and with how much stronger force then does it come home to the c?hv of Mr. Marry, where the inclination to be se parate, is only on her own side, not on that ol her husband'! But one thing more remains to be noticed, and l have done for the present His Honor was incorrect in thinking 14 that my counsel would concede that the examination of witnesses would not establish the facts to be diflerent," if. by "ihe facts," he mean thoae attested by Mrs. H and her father, in their affidw vits returned tothewrit. On the contrary, my counsel then knew, and still know, and I pled e my self to the truth and accuracy of their knowledge, derived, of course, from their confidence in my vera city, that by an examination of witnesses, and an exhibition of the documentary testimony in my pos session the whole refuge ol calumny, malignity, and falsehood, relied oil to destroy me. would have been swept away as by the action of a whirlwind. I must npoloitiste to you sir, for the length of this communi cation; but, I trust lhat the extremely painful situ a tion into which I have been forced before this com munity. without the onportunity of being heard, which has rendered it imperative on me thus pub licly to defend myself to some small extent will ope rate my excuse. I make no apology, however, lor the liberty I have taken with the document 1 have reviewed in this letter; though I have endeavored, deeply wounded as have been my feelings, to re strain myself from the indulgence of any dis- | respectful language, as well as the exhibition of any improper temper. I may he obliged to submit . to the consequences of what I and others msv con sider an unholy decisinn but, assuredly, it cannot follow, lhat I am bound "ilently to acqniesce in what I mny not only deem, but feel, to be its unrighteous- ; ness. With much respeel, I am, sir. Your ob't servant, Jniin A Bsnnv. i Friday evening. July 5th. fcf* The Hiiffslo militia have been paid #MS4 40, for military service in the let* frontier trnubU. Vmmrt mf Oyer mmd TtraiMr. Jolt 10.? Trimi of Ezra White, for tkt Murder of young Fitzpatriek? The Court room was thronged again this morning with eager groups of witnesses spectators and idle loafers. Their Honors the Judg es, were within half an hour of punctuality, and then about two hours were wasted in calling over the Jury, et cetera. Of the original panel, only sixteen an swered to their names, and out of the thirty fire summoned on the new venire, about twenty made their appearance. By 3 o'clock P. M. the following gentlemen were sworn ? Wm. P Coles, Foreman, Stephen Brush, Charles Halleck, Robert Water house, Levington Farwsll, Alexander Chalmers, Oli ver Young, D. G. Cartwright, Aaron Butterfield, Henry Burr, Benj. Harken, and Samuel A. Vanderlip. The indictment was then read by the Clerk of the Court, and the prisoner, with a firm voice, pleaded not guilty. The Court then took a recess until 4 P. M. 'I lie Court and Jury having reassembled, the Dis trict Attorney opened the case on the part of the People. 1 he learned gentleman explained the law as it was applicable to the case of the prisoner, and briefly stated the principal facts of the murder of Patrick Fitzpatriek, as he suid, he found them in the papers submitted to him by the Coroner. Tha District Attorney tken called? Lawrence GalVney. ? Witness keeps a grocery in Pitt street, and is about 28 years old. On the 13th of February lived in Boome street near Willet. The diagram now shown me is a correct representation of that hou.?e. There was a door in the house leading back to Broome and Willet streets. At the time of the affray had lived there about two weeks. On the night of the 13th there were a good many peo ple at my house who had assembled at a house warming; they were countrymen of witness, who is Irish ; they were dancing and enjoying them selves in a quiet, peaceable way. There was a door leading from the store into the back room. They had some refreshments and driuk previous to the affray, which took place between two and three o'clock in the morning. Every thing had been peaceable up to that time. The prisoner and hie friends came in about three o'clock in the morning. There were four in the part}', and the prisoner was the second man that came in. The first man walked into lh?: back room, and White was the second. ? Something was said to one of the prisoner's party by Michael Maclany or Dennis Dillen relative to the absentee. The prisoner replied that lie would ge out when he "damned pleased." Witness was standing behind the counter at that time, and thought lie would go round for fear of something, when White made a push at Maclany, and the other did the same at him. Witness ran between them, took hold of prisoner, and pushed him ont at the door which opens on W illet street. Soma one outside closed the door immediately, and wit ness thinks it was the watchman. In a few minutes afterward the door was opened by some one from the inside, and Peter Fitzpatriek was standing jast with in it, sideways to the doorway. So soon as the door was 04i?ned, Fitzpatriek stepped out, and witness thinks he stumbled a little Was on the Willet I street side, and witness thought that prisoner stood out on tho sidewalk. Witness was in the store, but outside of the counter. There was a light on tMfc ' counter, which enabled witness to see across tho street. No controversy had taken place with Fitz patriek, nor had any blows been struck before wit ness saw White make the past at him. Fitzpatriek had just got off the sto.ip when witness saw him stumble. Three or four other persons then rushed out of witness' house when they saw Fitzpatriek I fall. The fall followed the blow inflicted on Fitz ? patrick by the prisoner now present in court. Wit ness did not hear anything said at that time. The I other persons who went out of witness' Ik. use were previously standing convenient to the door. The j next thing the witness saw was Denham, and another outside, and one of them came iu with blood upon him Witness cannot say when they went out, but 1 so soon as he saw them oat he went to fasten the door It was the outside of the door which opened towards the street. There were other doors which opened inwardly. White was standing outsida when witness closed the door, bat he kept ont of sight. White made a clutch at the witness and seized him by the shirt collar, and then saw that White had a knife in his hand, with which he struck at the witness, but did not inflict any wound j upon. i Mr. Graham here cor.t< nded that the district at torney was leading the witness, anu he thej. told ta tell his story in hi* awn way. Witness did not see Fitzpatriek again until he was brought into the honse and placed in the back room. 1 He wa* then lying on the broad of his back on the j floor of the back room. It was about an hour and a j half after the slab was indicted. He was then strip ped, and witness saw that he had a stab in the right groin He was alive then, and said something about his wife, hut what it was, witness did not either un derstand or recollect. There was only one wound ; on him, and he died the same day. Witness had not | known White before this time, but he recognised him directly when he saw him again. Cross examined by David Graham, sen. A diagram was here produced by the learned counsel, and some little delay occurred in consequence of the witness saying that he could not read writing. There was an entry to my house from Broome street, but that did not exactly belong to my store. There was a partition and a counter there for another store. The n~~~ nises have been altered since. The door which s into the store, leads into the bark room where the dance took place. It was a pretty Jarge room, but 1 cannot tell the size, because I did not measure , it. The door in Broome street was shut all the night, ? and the door in Willetl street kept wp en. I told I liquor in the store the night of the a llray ; my stock wan about 2>> gallons of spirits that nijjht. 1 know l it was the night of the 13th of February, because of the liquor bill, which 1 bought on the day previ ously to the affray in question, and paid for the fol lowing day. I might have said there were forty i persons in the house warming, and all in the littio | room with a fiddler, and they took the liquor there with the ladies, except some who came ont in tbe store and drank, before that they had been peaceable enough from the time of the dance, com mending at eight o'eloek, until 2 or 3 in tho morning. Three or four uninvited guests came abont ten o rlork, the others were afl my own country peo ple. 1 a?ki d the strangers to drink, but did not ask their names. 1 cannot tell how much liquor was drank ; but it was principally mixed, such as brandy punch, gin slings. & c. I diank pretty well with all the guests, but cannot say how mucn There bad not been any noise before the affray in which Fitz patriek received his wound. There it as no squabble whatever in the store or in the dancing room. I will not swear that some of White's party were among the few that came uninvited W hite was not one of them, but I remember him, because of tho grab I he made at me when I put him out of the bouse | and I saw him when he came in. He was the se cond man of his party. I did not take any particu lar notice of the men who came with White. I can 1 not tell positively which of my invited gueato spoke 1 ^ ',V?e w 'lfn " he came there to make a j muss." White was the first one that clenched with Mctiaffney. 1 have been examined three times on j tbe ?ubject, and always said White was the seoond ' man. and "he asked what mm* that was." I always J ?aid ind meant that White replied to the oniertngr out "that he would go out when he n n pleas ed. ' I always said that White wore, on that occa sion, a light coat and trow sers, with a cap ou his head. At this point of the cross examination, the witnesa got rather riled, and accused the learned counsel for the prisoner of wanting to make him swear wrong Mr. Graham disclaimed this, and the Cross-exami nation was resumed. When White was put out the door was shut, and afterward* Fitzpatriek went out, received hia wound ami fell. I sow a knilo or a dirk, hnt cannot swear which? it certainly was either one or the other. A Quarter of an hoar elapsed from the time Fitzpatriek fell to the time I saw his body, or kuew that he was stabbed. Mjr old woman was the first that told me the story. I sa " none of the others during the qnarter of an hour I spoke of. None of the men wen- to say drunk ? they might hate been a little the worse for liqnor. Here Mr. Graham produced the affidavit which the witness read and signed before the Police Ma gistrate, and asked tbe witnes* again how long it was after Fitaoatrick left the store beforc.fh* others rush ed out. To this the witness said a very few minutes, being nearly tha same answer he had given before. A long argument then issued between tbe District Attorney and the Connscl forthe prisoner respecting the reading of the affidavit. Ultimately it was read. Direct examination resumed by the District Attor ney. 'I he four first strange men that visited the dancing roomthot evening, left about fifteen minutes before White's party entered j it may have been longer, but I could not speak for certain, The men that came in with White left before the fray began Hy Mr. Graham ? I did not see Fitzpatriek fall.