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The New York herald. [volume] (New York [N.Y.]) 1840-1920, December 28, 1844, Image 2

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>EW VOHK HJ?KAL1>.
Saw York, Saturday, Detembtr HI, 1H44.
09*For orwi by t&e Southern Mail, aud new
advertisements, aee fouith page.
ILLUSTRATED WEEKLY HERALD.
CHRISTMAS DAY.
TBS TOMBS.
The Wttkly Herald to be issued this morning
contains three beautiful engravings, two of them
illustrative ol the Christmas holidays?one repre
senting the family circle just as the plum-pudding
makes its appearance, and the other a few hours
after the visit of the venerable Santa Claus. The
third engraving gives a view of the "Tombs," in
Centre street?thus presenting the two extremes of
the social condition, the virtuous und happy fire
side and the cells of vice and crime. Price, 6^
cants.
The Oregon Territory.
We received yesterday, and publish in our
uolumns this morning, some very interesting in
telligence from the Oregon Territory, which is now
a subject of very important negotiation between
our government and that of hngland, and wil|
probably be a matter of great debats in Congreta.
Accompanying this intelligence,we publish a map of
the Territory, embracing the lines of boundary as
indicated by Great B-itain, and also by (he United
States, together with the new line proponed by a
Bill introduced into the lower House of Congress
by Dr. Duncan, of Ohio.
This important subject is now a matter of active
correspondence between Mr. Calhoun, the Secre
tary of State, and Mr. Pakenham, the British
Minister at Washington. It is supposed that
the negotiations on the subject will termi
nate before the close of the present Be ski on ;
but what character they may assume by that
time it is very difficult to foretell. It Is certain,
however, that the Oregon question will be a more
direct issue between England and the UnitedStates,
than even that of Texas, which can affect only
indirectly the relations of the two countries. By
the utter negligence of our own government, the
Bntwh settlers, under the authority of their go
vernment at home and in Canada, have been pene
trating into the territory beyond the line of bounda
ry, and almost taken possession of that undisputed
portion which belongs to the United States. This
has been continued tor such a length of time, that
it has almost grown into a species of title, and is
looked upon as such by the settlers themselves.
But our government and people, and particularly
the great West, hav? been awakened to the
importance of recovering this territory?of settling
it?and of connecting it with this republic?making
it the line of a great commuuicaiisn between the
old world and the new?between the valley of the
Mississippi and China.
Opinions or the French Papers on American
Affairs.?We give in our journal of this morning
a number of very interesting translations from the
leading journals of Paris, commenting on the re
cent election of Mr. Polk in thiscouutry.
We have already, at a former period, given a
number of extracts from the London journals, and
the contrast presented by the general tone of the
French press will at once strike the American
reader with a degree of agreeable surprise. Any
one would suppose that the British journals, from
an identity of language and customs, aud from the
direct communication between the two coun
tries, would have a more correct appre
ciation of the peculiarities of this country,
and understand our elections and principles, and
movements better than any other European
journals Such, however, does not seem to be the
ca*e. The Parisian journals of all parties have u
much more accurate and philosophical appreciation
of the peculiantirsof American politics and Amer
ican society, than any other journals out of the
country. This peculiar festure of the French press
is strongly illustrated in the extracts which we
give. Indeed, they seem to be so accurate in their
views as very naturally to excite the inquiry, why
ib it bo 1 We can assign no other reason than that
they are placed by their position in a neutral atti
tude?they are free from tfw prejudices and dis
likes of British organs. They look upon American
afldirs?American movements?and American par
ties?with a philosophic eye, and are therefore en.
abled to lorm a correct understanding of the causes
and consequences of our various political and so
cial movements.
Coincident with the tone of the French press,
we may expect the government itself to possess a
similar hue in all its sympathies and relations with
this country, and such in truth is the fact. The
French politicians, statesmen, anJ philosophers,
know very well that the great crisis is uppr?>achin?
in which a mighty battlers to be fought on the
Atlantic ocean, for the empire of the great seas
In this water campaign, which will last as long as
that of the great campaign that grew out of the
revolution, they are placed by nature?by his
tory?by race, in an antagonistic position with
respect to Great Britain, and in this position they
look upon the United States as their natural friends
and allies. This is the great idea which per
vades the French mind?the French press?and re
gulates the French government, looking towards
the mighty events of a future age.
In all the couflicts, therefore, of opinion and in
terest in which we may engage with the British
government or British prejudices, we may look
for sympathy and support from France. The re
public began in that friendly relationship, and every
year only adds strength to the mutual feeling.
Texas.?The Message of President Houston has
been received It states that the relations between
Texas and the United States are without change,
so tar as Texas i* concerned. The message de
scribes the finances of the country ns prosperous,
but defalcations have been numerous?already
more than #62,000 The expenditures since De
cember 1841 up tolas.' November, have been $460,
209 ; receipU*?iuee February 1842, $466,158 All
the captured prisoners, save Jote Antonio Navar
ro, have beea released by Mexico. The President
saya that in all but the name Texaa, ib at peace
with Mexico. The relations of Texaa with
Europe have been extended by treaties of amity
and commerce with some of the German States
Great Britain and France are represented as friend
ly, no abatement of amicable feeling having re
sulted from the agitation of the annexation ques
tion.
New Yore Correspondence.?We perceive that
Epea Sargeant is the daily correspondent of the
National htieUigtnctr, in which he retails columns
of rather amuaing gossip, the chief portion of
which is picked from the columns of the Ilrrald,
and which might be used by the \ati?n,U InttUi
genrn without the expense of hiring srisaora and
paste n this city. We perceivr, also, that Park
Benj nin uas commenced his correspondence with
the B Tramcript, and in his last letter cuts up
every body and every thing in New York He
cuts up all the vocaliata?he cuts up all the players
?he cuts up all the artists?he cuts up Pico?he
cuts up Borghese?and particularly he cuts up every
body that frequents the Opera. The only peraons
that he does not cut up, and who have been fortu
nate enough to escape, are young Vandenhoff, the
lecturer on Shukspeare, and some person by the
name of Freeman, a painter. Park has got one of
his savage fits again.
Contemptible ? Tne !>atiy Evening flulUtin, a
small whitey-brown sheet, published at New Bed
ford, copies our report of Mr. Warren's speech at
th? New England Dinner, without a syllable of ac
knowledgment. The Botlon Advrrtiter and Pa
i tot lio copies the entire report of the dinner, but
yr ?j>'rly givea credit to the Herald.
uoGkimb or viob 8nmi. It i* iuily tnue lor
the sensible people of tins country, oi all parties,
to unite, both morally and physically, uud in every
form, to put down that insurrectionary and mob
?pirit which every now and then break* out in va
rious parta of the country, under some pretext or
another We have now the "anti-tax" insurrec
tion in Maryland?the "anti-boad" people in sohm
parte of the West, who ure holding meetings and
dec..ring thai the State debts ought not to be
paid?the Dorriies in Rhode island, who in soma
respect# are equally lawless and insurrectionary,
although aoine portions of the politicians have un
dertaken to deletid Dorr and his movements. But,
above all, we have the "anti-rent" disturbances
in this State, which have now attained a most
alarming magnitude.
All these spring from the same lawless spirit and
ought to be put down by public opinion and the
authorities acting in obedience to it at once. The
truth is, that these ebullitions and isolated erup
tions ol the mob spirit was fanned and encouraged
by the miserable politicians of both the great par
ties. Lei us look back for instance on the conduct
ol the two parties during the recent Presidential
contest. Did we not see the JV?ic Yoik Tribum
on the whig side, and the tow York Plebeian, on
the democratic side, both encouraging and defend
ing the lawless proceedings of the anti-rent mobs
in Renssalear and other counties in this State 1
This course was pursued by these miserable politi
ciaas for the purpose of getting the votes of a few
ol these auti-renters in the various counties it is
now time lor all parties, and all the great masses
ol the people, who are the conservators ol this go
vernment, to set themselves in direct opposition to
these lawless mobs, and particularly against the
miserable and contemptible politicians who en
courage them in the hope ol catching a few votes.
Amusing Impudence.?'There is really often
something so amusing in the impudence of the
organs of the Corporation, that we cannot help
laughing heartily at the creatures. The outcry
naturally created by the enormous increase of tax
ation by the Corporation,bothers them a good oeal;
but till yesterday they could not muster courage
even to make an attempt at extracting the thoin.
However, at last they came out with a defence of
their oppressive taxation, which, ai a specimen of
coolness and nonchalance, is probably unrivalled.
They start by asserting that the public, in sustain
ing them, will "have this great advantage?that
thry, as a party, can give a satisfactory account of
all the money received, let it be more or less; and
can show where it has gone, and what has been its
equivalent," This is certainly a most comfortable
assurance Who can possibly be so unreasonable
as to grumble 1 But they go on?
'' And because it has been deemed necessary to do that
which has been neglected by oihers too lerg and because
conn quentiy a largeramount of money in wanted than
has be. u used heretofore, a hue and cry is raised about
extravagance This charge is easier made than proved.
We admit that more money is required by us this year
than was asked |.<rlast year; but does this prove that we
have been extravagant J Is it extravagance to procure
that which we absolutely stand in need of 1 Point out to
us one extravagance, or where we have appropriated a
d illar which was not railed for It we are expending
more money than usual, the fault it not our?-it is to be
found in our predcoetiors
"Is it extravagance to procure ihat which we ab
solutely stand in need of!" Could any thing be
more touching?more reasonable?more modest?
more candid?more satisfactory than this defence'?
These are, indeed, funny fellows. Their apology for
doubling the burden of inxatiou is equal, only to
that of the Irishman, who, after breaking the skull
of his neighbor, swears he did it out of pure love
and compassion.
The Benefit to Morkib, the Poet.?We are
happy to learn from Mr. Barry, the stage manager
ol the Hark Theatre, who has the superintendance
of the business, that the benefit to Mr. Morris, the
poet, an ! principal proprietor and editor of the
Evening Mirror, is now nearly all arranged and
will come ofl very soon at the Tabernacle. Some of
I the principal artists ih the city and neighborhood
have already proffered their aid to give idat to
this great occasion. Ole Bull has been among the
first?the Seguing will also unite, and possibly Ma
dame Pico, Borghese and the Italian artists. Even
the millianairtt about townarecominglorth togive
it their aid and assistance, and we should not be at
surprised il Mr. Astor's name were down for fifty
or one hundred dollars subscription, in order to
make the benefit " substantial." It is ex
pected that David Hale will give trie Ta
bernacle gratu, particularly as it is for a bro
ther editor and poet, for David is a little poetical
himself occasionally. A splendid concert of this
description will nett nearly #8000-a very hand
some little sum, and which will enable Mr. Mor
ris to sustain himself and his paper some time
longer, and keep up the oyser suppers with which
he is enriching its columns, and hasten his forth
coming lyrics, by rendering the interesting process
of incubation more agreeable to his muse, who
hen not, its lie himself feelingly complains, been so
prolific ol late as she ought to have been. Very
naughty muse !
We are very much gladdened by these brilliant
prospects for the benefit, and we flatter ourselves
that we have had some hand in dispelling the
clouds that lately rested on the prsject. Had the
enterprise remained in. the hands of its original
projectors, indolent and amiable beings that they
are, it would have come to nought, like the partu
rient whim of the mountain, but lo! when taken
up by an energetic man like Mr. Bdrry, supported
by us, it rapidly approaches a head, and will soon
be a triumphant and profitable affair. And our
kindness may not stop here If Mr. Willis him
self behaves well, we may give him a benefit also.
He is down on our list, with a number of other
meritorious candidates for public favor, who all
want benefits very much.
Opening a New Year.-These are the days of
compliments and congratulations. Look at the
card of that " go ahead " dealer in general mer
chandise, John C. Morrison, 188 Greenwich street,
in to-day's Herald It isadocument worth reading,
it goes straight into matters of business without
quibble or time, thinking ol his customers and tell
ing them how to get rich at the same time. Coun
try and city merchants should read his card and
then buy of him. They will be dealt with justly
and honorably.
Bishop Underdone ?It is now understood by a
great many that Bishop Onderdonk will be acquit
ted by the court, and that there has been no just
ground for the charges preferred against him. We
wait to see.
Portraits or the People.?We refer readers to
an advertisement in another column of Plumbe,
the well known Daguerrian artist. His pictures
have all the distinctness of line engraviags,
with the softness of mezzotints.
0O- It will be seen by reference to our advertis
ing columns that Wm. Dumout, ol 94 inroad street,
offers lor sale this day at 12 o'clock, by auction,
a first rate lot of old Wines and Brandies. Here is
a chance for the lovers of good old wines.
I"hk Troubles at Hudson.?The Mayor of
Hudson has issued a proclamation relative to the
tionbles among the anti-renters. It contains no
thing new.
Trial or Miss Wrimter ? At the last dates
from Lexington, the trial of Miss Webster, charged with
having hi.led three slaves to escape, was still in progreas.
One Ol the witnesses. Mr. Music, residing in Washington
count , Ky , testified as follows
" The prisoner came to my houae on Sunday night 19
0 clock, going toward* Lexington?don't know the tiny ol
tun muntn ? saw same I ack and drivnr go down on Sun
day cur. ams were down. Conversed with prisoner and
(?.inhunk Tue sumo hoy who drove the hack had tone
t.y my house frequently m carry ii g runaway couples to
Aberdeen I j iked Kairhank and Mi*s W abi?ut r annmu
away to get married They di I noi admit or deny The
h .rses were much latigued. Lett my house about dav
light Monday morning ; this was about two montha axo
1 he boy's name w^s Israel. The same hack which went
wTl. ?b0J" 19 at ni*ht *,,h Mr Kairhnnk ?nd
"> ,h" carriage Miss W. aei , p mi tht v
aerted. They did not aay whether they ware n.arrit d or I
?ut,norwh??eUwy had bean "
Ihk ''j'Bua. ? IV-tiiglii wc I14v*5 repealed, U
/NwifosM, winch, next to the Lucrtsia Borgia, u
the niohi popular 0| era y? t product*d by the present
company. The popularity of the Lucreeiu isowing
as well to the very ttroog cast, an to the merits of
the opera itself. It is, indeed, under the present
arrangement, a moat attractive performance, and
wa regret that the illness ot Signora Pico haa pre
vented its repetition to-night?bringing together,
as it dof-s, our two prime d'mnti in one piece.
i he merits ot each of these ladies are of a dif
ferent claas, and render a direct critical compari
son between them unnecessary. In general terms,
we may say that Borghese ia a fine actress, an
even and reliable singer, a matchleaa artUte, of
infallible accuracy of tone, and splendid vocaliza
tion ; while Signora Pico is an amateur in acting,
has a magnificent, but uneven, mtzxo toprano
voice, is sometimes wonderfully rich and pure in
her style and execution, but at others false and
out of tune. She is, in short, controlled by the
impulses and little emergencies of the moment,
and exhibits a slight inequality in the character of
her actingand singing. Valtellina is an original in
his way. In particular, he cannot bear to be ap
plauded. He hates it, cordially; and he never
comes off the stage with applause at his heels but
in a towering passion. Sanquirico and Perozzi,
on the other hand, are always calm and
evea tempered, and their performances ex
hibit a firmness and constancy moat pleasurable
to those who know how to enjoy a fine opera.
Antognim ia a finished artiat.
The preaent company, altogether, is an excellent
one, capible of producing very successfully any
opera now on the stage; and, having got through
with iheir amiable squabbles of last year, which
heretofore injured them and the Italian Opera itself,
they live together now in the happiest manner pos
sible, and upon terms of the strickest democratic
brotherhood. We hope they will be wise enough
to let this promising state of things continue, and
give the public an opportunity of forgetting (which
it is rapidly doing) its old dislikes. They may thus
reasonably hope that their patronage will be great
ly increased, and that they will eventually realize
handsome rewards for their patience and persever
ance.
We see, however, that certain sneaking critics
in the evening papers, oi the oyster cellar ealibrt,
are still trying their best to create difficulties and
dissensions among the troupe. We hope neither
of the prima-dorina's is guilty of aiding or abetting
this foolish business, which can only have the ef
fect of breaking up the whole concern, destroying
the prospects of the Italian Opera in this city for
years t? come, and displeasing the public, who
have a right to feel aggrieved at being made the
unwilling s|<ectators of these quarrels. We are
sure that no gentlemanly critic, and no decent man
would be found mousing about behind the scenes,
and poking his long noae or dirty imperiale into
the green-room, to find out how much salary such
an actress received, or why another should receive
more than her neighbors. The artistB have made
their own arrangements, and are all going on very
happily together. In the name of decency and
common sense, then, lei our " would be wits and
can't be gentlemen," who hang like leeches to the
extremeties of the daily press, find some other J
subject for the theme of their oyster cellar specu
lations and sinuil beer criticism
Park Theatre.?Mr Akdkks.' i.?A fierce and
bitter enow storm set in yesterday aiternoon, and
continued throughout the evening with great fury
Notwithstanding this, however, there was a
crowded house at the Park, to witness the last ap
pearance of Mr. Anderson, who has made himself
very popular at this establishimnt. He is a young
man, ol fine intellect, good appearance and a natu
ral and buoyant manner, very fresh and grateful,
after the dry, artiBtical mechanism of Macready
and th? gigantic melodrama of Forrest. By the
way, Mr. Forrest failed to draw good houses du
ring his last engagement at the Park; and, as it
was then well known that he intended shortly to
visit Europe, it was clear that he was not legard
en by the habituits of that establifhment as an
actor oi a high order of merit. Mr. Anderson
came almost unannounced, and soon made hia
way, by the sheer force oi his own merit, to a
degree of popularily not surpassed by any actor be
fore the American public.
The pieces plnved last night were the " Elder
Brother," an adaptation from Beaumont and
Fletcher, by Mr. Anderson himself, and the " La
dy of Lyons" The first is an excellent piece,
although just two acts too long. If it were to close
at the end of the third act, where the dencsument
really takes place, every body would be delighted.
In this play, as well as in the Lady of Lyons, Mr.
Anderson exhibited all his more popular q-'alities,
but in our opinion not his highest capabilities ?
We think we see in him rhe elements of a loftier
range of excellence in his profession. He ia still
quite young, and may fairly hope to win the top
most round in the ladder of fame.
We do not think it necessary to enter int* an
elaborate criticism of the performances last me
ning. and merely record our general impressions,
which were abundantly borne out by the applause
of the audience. At the close of the laat piece
Mr. Anderson was loudly called for from all parts
of the house. He came before the curtain, and
delivered the following very brief speech
?'Labis, awd OtwrLtmcw ?It in a lamentable fact?
which I cau hardly realize from the many ' la t nights'
that I bad to my prior engag- taenia?that my hour in at
length iuevitably come. I must now, indeed, bid you a
final farewell. I can never?never forget your getieroui
) our unexampled kindness i have ona consol ition in
1 artinir from you,that your kindness warrant* me to hope
that I may live a little in your remembrance I can, in
deed, say of the memory of your kindnesi, as 8hak<pesre
haa xaid of the heauty ot Cloopatra-' Time cannot alter
it, nor custom stale iti infinite variety!' Ladies and men
tlemen, your most grateful servant bids you farewell:"
Miss Clara Ellis was then called for, and came
on, led by Mr. Deschapelles, and bowed low, hesi
tating, and evidently deatring to make a speech,
but too much embarrassed and agitated to open
h *r lips, greatly to the disappointment of the au
dience, who were on tiptoe to hear her. However
let her take heart and hope for better luck next
time.
Interesting! from Cape Haytien ? Advices from
this place to the 12th inst. have been received.
Annexed is an extiact of a letter, dated 10th
inatant:
U 8 brig Somen, Commander Oerry, arrived here,
| aidult., on a miaiion relative to the imprisonment of
C aptiin Vigil rem The comminier wai n-ceivtd with
great courtesy by the authorities; all document* referriu*
to the cue were Jai l bt-fjra him, and, after a thorough in
veatigation ol ihe affair, the Comm. ndsr expressed h.m
s.-lf entirely satisfied wilh their proceedings. Salute*
were then exchanged, and on the a7th the Somer* sailed
for St. Jogo deCuba via the Mole It is du> to the Go
vernment to say that all othe" legal business was
ordered to be suspended until this case was deposed of.
Political affairs have all along been quin, but to day a
rumor is current ol a new expedition against the Spanish
part of the Inland It ia said a large quantity ef arms and
ammunition has just been received at Port an Prince from
Europe.
Commercial affairs and prospects, in the north, have not
been worse lor years than at present Coffee, which last
year ranged from ? to 10#. has for the la*t (our months
been at IS to 14J; and it now readily commands the lat
ter price, sn it is very scarce snd much wsnted for remit
tance. The cause of this scarci y appears to he the want
ol labor. The laboring population generally have al
ways much preferred jobbing on day labor for a subsis
tence, to a support gamed hy steady employment on a
plantation, ar.d the "Code Rural," which compels all
agricultural laborers to contract to soms planter for ona
year, and wh?c? forbids them to leave a plantation with
out permits or form of imprisonment, wan much relazeri
in its operation in ronsiquehce of the earthquake: and
since the late revelntion it haa fallen into utter neglect,
the government requir.ng many of the laborers to serve
in the army. The result is a great falling off fn prednce,
with no present prosp, ct of a change for the better?
Meantime imports ha* e beet) on the increase, goods have
sccumu sted snd price, have fallen, while exporta are.
nn ! are likelyto continue,proportionally scarce and high.
A French corvette of 20 guns, supposed the Naiad, has
just entered the harbor?whence unknown.-IT. Statu
Qaxette
Texas Feeling in Missouri ?It appears by the
following paragraph that Senator Benton is likely
to get his instructions malgri all that haa been
said:?
We received la<t evening, letters from Jefferson city,
containing a , ketch of the debate In ths Hou,e on the re
solutions of instruction. Some of thn whigs arehsttling
furiously in favor of Col. Benton's course?but all the
democrats that have spoken, (except Mr. Bay who was
we believe, a whig where he come from) advooated the
ri-inlutinns agreed on in caucus
Mr Coalter, of 8t i.barUs, whig, spoke in fivor of in
structions, such ss Mr Hi'i*h Introduced Mr C. is for
Texas, opposed to the Abolitionists, fcc ; sn I ws under
stand there sreabout a doten whigs in the House who
occupy the seme position
The Ken ate adjourned on the l?th, to enable the men
ber# to hear the debate in the House on the resolutions of
li' 'Miction. The question had produced great excite*
Si. ut.?<1. hmit Rforter, Dm. Ill
Fivk Days Lath* eu.cn Uu*mos Avrw ?In
j eorne way we have received the Britiik Packet ot
the 19th ot October.
That paper is rather severe apon Capt. Vorhees
for ins seizure of the Argentine squadron, but gives
no additional facta.
[From the Buenos Ayres Packet, Oct. It ]
The account* from Montevideo, ai regard* the condi
tion of the inhabitant*, are moat heart-rending, and the
truth ol theie statement* is attested by the great number
ol ladie* and children who have latterly arrived at this
port, alter having endured every privation ratharthan
abandon " home, awaat home " Montevideo ia now re
duced, by the continued emigration of civilian* aad the
conatant desertion of the military to *uch a melaboholy
situation that it only preaents
'? Thin streets and foreign aspects, such as must
Too often remind her ot who and what enthrals."
The political state is daily becoming more desperate,
from the discord that prevaiM among the rebel rulers. ?
The authority of Klores, or rather of Melohor Obea,
whose tool he in, is now paramount, and, not content
with the diamisial of Lamas, it is said that this new up
start insists upon the removal ol Vstquez, and even ot the
mock President himneil, in order to make room for a " mi
litary government"suited to the circumstances.
In the meantime, the ioreign commanders who Rave
hitherto witnessed with apathy the spoliations and atro
cities of which their fellow countrymen have been vic
tim*, are beginning to arouse from their apathy. Admi
ral Orenfell, of the Brasilian Wavy, hat lately resented,
in an effectual manner, an unpardonable insult offered to
the Imperial flag, threatening to take Rat Island unless
h? obtained ample satisfaction, which was at last reluc
tantlv given by the intrusive authorities. A hope is en
tertaiued that -.his example will be followed by the Trench
Admiral arid the Sardinian commander, a number ot
whose pacific oountry men in the outskirts oi Montevideo
were butchered in the oust inhuman manner bv Flores
in his lste ioraying sortie trom ihe Cerro? and which
achievement was Celebrated in Montevideo with tha moat
barefaced effrontery as a triumph ovw the besieging
army !
The Austrian brig Restanrador Rosas, has been
purchased by the Government ot Buenos Ayres;
she ia a moat superb venae! and quite new, bavins
heen built for a man ol war She ia to mount 22
long 82 pounders and will bear the fl ig of Admiral
Brown. The admiral went on board on Thursday
to prepare her for service, for which she will be
ready in a few days.
Official Documents.?Buenos Ayres, Sept 28,
1844 ?The Government ol Huenos Ayres, See. has
otdered and decreed. Art. 1. Mr. Fn* Henry Ho
mer is appointed consul ot the Republic, in Boston,
North America. 2 Let this be published
Rosas.
Felipe Abana.
There were seventy merchant vesaelu at Buenos
Ayres on the 19th, thirteen of which were Ameri
can.
BuKNOi Avass Market, Oct. 19 ? Doubloons, Spanish,
$317 ? 3ih each: do Patriot, file ? 316} do; Plata, macu
qmna, 13} a IS do lor one; Dolluia, Kpanish.M} a 13} each;
do Patriot and Patacones, 13} a 13} do; 8ix percent rttock,
68 a 7J ilo percent; Exchange on England, 3} a 3 13-16
per dol; do France, 39 a 39} ct per <1 1; do Kio Janeiro,13}
d 14 per ct prem; do Montevideo, 13} a 13} do; do United
States, 18 a 14 per U 8 dol; Hides Ox, lor England and
Germany, 64 -i 66 per petada; do France, 60 a 03 do; do
Neith Americ i, 46 a 40 do; do Spain, 49 a 60 do; do salted,
43 a 63 do; do hone, 18 a 19 do each; Cali skins. 60 a 63 pr
.lesada; Sheep ikms common. 34 a 40 pr doz; d? fine, 41 a
44 do; Deer skins, 10 a W do . Goat >kinn, 30 a 33 do; Nu
tria skins, A a 7 dol pr lb; Chinchilli ?king, 60 ? 60 dol pr
dozen; Hoiae hair, short, 84 a 36 dol pr arroba; do mixed
44 a 46 do; do long, 110 a 130 do; Wool, common, washed,
34 a 30 do; do picked, 40 a 4i do; do (horn Irani skin', 41
u 43; do m?stizs, dirt;, 33a 30do; Tallow, pure, 18 a 30 do,
do taw, II a 13 do; do with grease, 16 a 17 do; Jerkeo
beef, 30 a 36 pr qaintal; Horn*, mixed. 160 a 300 pr thou
sand; do Ox. soo a 400 do; Shin bones, 80 a 90 do; Hide
cuttings, 83 a 84 pr 100 lbs; Ostrich feath> rs, white, 11a
13 pr It); do black, 7 a 8 do; Sailed tonguea, 16 a 18 pr do
zen; Salt, on board, 36 a 80 pr fanrgs; Discount, 1} a 1} pr
ct pr month. The highest price ol Doubloons during the
week $318. The loweat price $316. The highest rate of
Exchange upon England during the week 8 13-16 pence.
The lowest ditto 3} pence.
Impop.tant prom Centum. America.?Wc find
in the Philadelphia. United Statu Qaztttt of yes
terday, the following interesting news from La
guayra
Laouatra, Nov. 16, 1841.?Since the date of my last
letter, but li'tle change ha* taken place in the state of the
markets, as it regards the produce of the country. Cif
fee is coming in, though not us yet to much extent; ths
crops are good, and the quality rather superior ; the
prices, however, still keep up. ic consequence of the
European demand so that it is impossible to ship it to the
United States without a heavy loss.
The market continues to be well stocked with Ameri
can provisions; Rice lias, however, been somewhat
scarce, but the Orion having brought out 60 casks, there
in iiuw an anundaut tuoply.
We have had several arrivals within a few days from
Europe, with dry good*, wines, fruits, See The balk
Telegrdph has brought an extensive cargo both of Eng- '
liah Hud German goods, having touched at Liverpool on
her way to La Guayra ; we have all" the Sarah Bell and
the Wennan, from Liverpool, tho Duke of Cambridge
from Bremen, and the Nancy from Bordeaux. The dry
goudi market is, therefore, now. well supplied, and al
though the demand at the present time is comparatively
small,) th?lmerchants are, nevertheless, looking forward
with confidenae for better times
There are no United States vessels in port except the
Orion, and she is expected to sail tn-day for Philadelphia
by way of Puerto Cabelio. Nothing has yet been heard
of the Violet.
Our much respected Charge d'Affiires to this Govern
ment, A. H Hall, E*q , expects to leave here for the Uni
ted Statei in the next vessel; his place will be filled by
the newly appointed Minister, Mr Ellis.
An insurrection of rather a serious character has re
cently broke ou' ii th- neighborhood of Letarna, in this
province, some 60 or 70 miles from Caracca*. A body ol
troops wa< immediately despatched by the goverumei.t to
the camp of the insurgents, tor the purpose ol restoring
order ; on their arrival a A'g of truce was sent to the hos
tile army, with offers of paruon a id protection to all who
would return peaceably to their homes. These offers
were, however, rejected, and a battle ensned, which re
suited in the complete overthrow of the rerolters, and
the death of their leaders, Centeno and Alvarado. We
have at yet no information as to the force of the insur
gents nor the number they lost in the battle.
The following translation of an " Extra" issued yester
day from 'hn office ol the " Liberal,"in Caraccas, contains
all the Itioiai information which has transpired on the
subject : ?
Important Military Eiuaukmfnt op Lkzama ? Com
munication of the Judge of the Couit ct Orituco, to the
Secretary of War of the Republic of Venezuela?
Orituco. Nov 8, 1844.
Mr. Secretary-1 have been authorised by Gen. Jose
Maria Zamora, Commandant of Arms of the Province, to
communicate to you the interesting news ot the quell ng
of the rebellion, headed by Col. Celestino Centeno, and
Captain Joan Maria Alvarado.
At Orut, about two leagues distant from the town ol
Lezama, the valiant Zamora engaged the fact ion ists to
day, leaving dead on the fluid both Centeno and Alvara
do. and completely dispersing the whole body of their
followers.
I have been directed by the General to inform you that
a detailed account of this successful engagement will be
furniahed as soon as a plan of following up the dispersed
revolted can be arranged.
1 congratulate the nation ou so complete a triumph ob
tained by the valor and intrepidity of its laithful soldiers.
1 am, your obedient servant,
(Signed) RAMON ALCANTARA.
Communication of the Mayor to the Governor.
Orituco, Nov. 8.1844, 11 o'clock P. M.
This dav, at 3 o'clock. A. M , the Commander-iu-Gene
ral ofthe Forcesof the Province, with 300 men, marched
from this place to the town of Oruz. where the revolters
held their encampment, and at 1 P. M. they were com
pletely routed, and the principal leaders. Col. Celes
tino and Capt. Jose Maria Alvarado were killed.
Many of the insurgents were wounded, and amongst
them was found the infamous Puerta Of our party there
were four or Ave slightly wounded, one dangerously,and
one killed.
To the courage of our General, and the bravery and
intrepidity of all the officers and men is to be attributed
the fortunate success of the engagement; and I have the
honor to congratulate the government of the Province
ami that ofthe na ion,on so happy a result.
The details of this encouuter will be given as soon as
the authorities m-iy he put in possession ol the necessary
information. Iam,(tc.
(Signed) JOSE ANTONIO PF.RALTA.
The promptness and efficiency with which the govern
ment has acted on this occasion, indicates a determina
tion as well as an ability to preaerve order throughout
the Republic.
F 8 ?Nov 30.?Additional information has come In
from L*sama,by which we learn that the force of the in
surgents amounted to about 400, and that they wore sub
?< q'lently enc untered by the constitutional tro? ps and
driven into the mountains. After the death of their
leaders, Cente io and Alvarado, they were headed by two
of th-1 sons of Centeno Many of them have been killed,
and the rebellion is now considered at an end.
Vert Latk from Jamaica.?We have received
by the arrival of the Jessie, at Baltimore, the
Kingtton Journal of the 27ih nit. Annexed is the
only extract worth a button ; and this is only
interesting ns showing the intercoms* between the
pever.t! ir<l,inds in that seciiou of the world.
A small ye??el from Saint Luela, owned by * pennn rf I
the n une of Tharel, was seiz- d |<n Martinique, and Tba
rel imprisoned on achaigo < f being engaged in aasitting
the '??ripo of slavea from that Colony
The Governor of Martinique, in reply to a commtini
cation on the snbjMCt from the Lieut. Governor of 8a nt
Luoia, says that Tharel had been committed on the depo
sition of aeveral persons as being the party who had as
slated the evasion of the slaves, but he ('ho Governor)
could not interfere wi'h the course of Justice, and he
must await his trial The vessel he also stated was not
tinder selsuro, nor were the crew of it accused. As the
attention of Colonel Torren? has been called to this cir
cnmstance, we have no doubt he will see that justice is
done to the party, and that the Martinique slave owners
dn not Improperly condemn a British subject. They are
likehv t< ne very much preltidiced against Tharel, and
this being the cue, a fair and impartial trial can hardly
be expected.
Amiisementa.
Lattbhinq Oas-Fun Again ? Head Professor
Colton's advertisement of liia grand annual exhibition of
Laughing Gas in the Tabernacle on Monday evening
next.
Opposition ?A Washington letter says, that
should Mr. Polk call an extra session of (.ongress
?which is not very probable-. Gov Jones will call an
extra session of the Tet ntwaee Legislature, to elect a
United States Senstor in place of Col Foster, whose tern
e*pirei the 4th oJ Match nixx- bat not oihei wise.
Superior Court.
Befoiu JuJk? Vandrrpoel
Dec. 37.?fa'mrr vs Jrjftrsim fmturanet Co.?Thejury
in this case rendered ? verdict for plaintiff $360 dauuge*
uvl CtslU.
Junta T. Rogeri vs Jthn Thomptun -Libtl ?Thi? wai j
an a<3t>on of tiwpaM,brought to r cover damages ugainat
the d< f'iidnnt. Tor the publication of an alleged libel upon I
the plaintiff in " Thornp?on'? Bank Note List," who.it
appeared, was engaged in certain fraudulent banking '
operations and financial sj> cula'iona in Ihia city and
Maryland. Mr. Thompson. the defendant considering |
that auch operation* affected the intereits of the public? i
wrete, it wua alleged the libellous articles in qu> ation. I
Mr Rirttonp opened the caae, when the first witness, |
Wm B. Lick wai examined by Mr. Ratisond?1 am ac
quainted with the defendant: I am a compositor, and set
up the types ; that paper [handed in] 1 believe to be<Mr.
Thompson's, dated August, 1843 and May 03, 1044 ; ano
ther paper waa also put, dtted March, 1844, and were ad
mitted in proof on witness's belief.
Court? What ia the substanc i of this libel J li it for
taking character or depriving of business 7
Mr. Ratmohd ?Both, your honor.
Sardkohd Starlet examined by Mr. Raymond?1 par
chased the papers in lueation at the ottee of Mr. Thomp
son.
Court? Rea4 the libel* as charged in the indictment.
The following were then read from " Thompson's Bank
Note List"?The first waa dated 3id May,1044. and was as
lollow s;?"That notorious financier,James T Rovers,who
mined thn Northampton (Pa.) Bank, and the Hamilton
Bank of this State, and who waa himself ruined by the
farmers' and Miller*' Bank (Md.l.ha* retired in disguat
If those who have suffered by him, will send in certified
copies ol their grievances, we will publish them gratis"
The next, under date August 93d, IMA, went as fallows:
" Judgment has been obtained against the Hamilton
Bank, und injunction served upon the Comptroller. Last,
though not lea?t, this bank is controlled l>y those who
" Slammed and Rogered the Northampton Bank "
Another, under date August 30, 1848, nnder the head of
" black wiaii"?" Beach ia very well known. Collins has
been about 18 months in this city, and is becoming well
known. Slamm and Rogers are new begiaanfc but they
make rapid strides in the " art of banking * CWllins in
tends to make a circulating medium for It* Mississippi
ralley, Beach for the city and suburbs of New York;
Slamm and Rogera for the country generally. Eyes to
the right, and eyea to the left. Look first on these bank
*rs xnd then on u?. If ever we quote as good any of these
binks, then mark it down for sure that we have received
' blick mail." (The reading of this caused considerable
1 (lighter )
The next waa dated March 9, 1S44, and went aa fol
lows j?" The Comptroller ha* taken the first legal step
towards winding tip the Hamilton Bank by cauaing it to
he enjoined This is the last of the red do(t in this State
When the bank fell into the handa of the financial pi
ra'es of this city, we quoted it doubtful, and gave our
reatons for so doing The correctness of our courae it
fully proved by the result. The Comptroller has very
properly retained in hia hands all the interest in the
State stock*; and when a lot of mutilated notes were sent
in to be exchanged for new ones, he retained them also
Tharki to thn good management of the Bank department,
the public will not lose by this ? ncern "
Mr. Robinson moved for a nonsuit, on the ground that
no special damages were asked, for the declaration went
generally on the ground of good moral character, and
the plaintiff did not sue, as a man of business, for losses
sustained by the publication.
Mr Ratmokd objected.
Court over-ruled and atked, did the defendants admit
the Duhlicatlon 7
Mr. Robinson (for defence,)?I submit the publication
is not proved.
Mr Raymond.?I think we here (nlly proved the pub
lication. .
Court.?I think there can be no doubt of the publi
cation . ,
Mr. Robinson.?Well, we shall admit; and it remains
fjr me to put our cane to the Jury. Mr R here opened
bis cue. The shaving operations ot pa'eel of stock job
hers and banking importers hi this city was well known,
and had been frit for a long period as a grievance upon
the community at large It was also well kaown that Mr
Thompson had published a most useful and valuable pe
riodical, which not only exposed the frauds of those job
bers and banking speculators, but protected the public
from the fraudulent impositions of the?e pluuderers. He
intended to put in the plea of justification on the general
istue, and would be able to juitity, in the fulleat sense
the publication In question and show that the commu
nity were "Slammed and Rogerrd," as the publication
charged (Roars of laughter ) He would also be able to
show that this very Rogers, who put himself upon hi*
character and good moral condnct, was not nloue a speru
latoi and financier, such aa Monroe Edwards and others
who had proved upon the community, and committed se
veral frauds by his banking operations, but that he was
mi actual banktupt at the time of these financial opera
tions, bad debts hanging over him to a large amonnt and
several judgments in the hand* of the Sheriff* against him
The public owed a deep debt of gratitude to such men at
VIr Thompson for exposing such frauds, and they intend
ed to show what kind of character the plaintiff possessed;
a character which he should feel obliged to any man iu
?he community for ridding him of. (Laughter) Mr
R. after detailing some fret* in relation to the Hamilton
Bank and other matters,which will be lound in evidence
concluded
Mr Raymond wished to know what plea the oppo
site counsel meant to put in ?
Mr. Robinson -The general iasue.
Mr Rsymond? I wish to kt.ow if you mean to plead in
mitigation of damages ; or generally in Justification T
After some brief argument, the question was left open
by direction of the Court
Mr Robinson?To save time, we shall elect and plead
in justification the tnUh of the chaiges in this alleged
Mr. Raymond here cited 34th Wendell, the case ol Coo
per vs Barber, in su iport cf his position, contending that
the publication of the truth dM not justily a libel. Tn8 b
Wendal also, the case Mitchell vs Bonden, charging with
having sworn a perjury ; it was held, that in justification
defendant was not only bound to drove the falte ?tBearing
hut there was anether n cessary ingredient, be being
hound to show th?t such false swearing was wilful and
corrupt H? is charged with being ruined.
Court ?Do yougmean |to say that publishing that a
man was ruined by operation* in banking, that such pub
lication is lihelloua? ... , , .
Mr. Raymond ?He 1* charged with having ruined the
Northampton Bank, and, following up the charge, thej
say lie ruined the Hamilton Bank, of thi* State- The
gener.il tendency ol the whole article was directly libel
lout, and therefore the defendant cannot justify.
Couht? Do you tkink that the libel is not susceptible
of justification? , j
Mr. Raymond.?I think that the plain import of the |
language is quite manifest.
Court.?I think the slander is against the Hamilton
Bank. . ...
Mr. Robinson here placed a witness aa the stand to
prove general character.
Mr. Raymond objeoted.
The Court overruled the objection, when
Mr. Abijah Mann was sworn aiid examined by Mr.
Robinson. I know James T Rogers, and his general
character. I have heard more said againat him, than in
his favor as a man ol worth I have heard persons speak
of him casually Tho majotity ot persons whom I have
heard speak of him have not spoken well of him.
Crois taamined by Mr Raymond?1 have had dealings
wiih him as agent for other parties, but never on my own
Mr Putt Adams examined by Mr. Robinson. I have
kept an oltt :e in Wall street and have been there since
1844). I have heard Mr. Rogers' character spoken of in a
derogatory manner as a man of integrity. His character
is bad, so Mr as I have heard
Cioss examined by M i. Ravmond-I lived near Rogers
in Wall street. I prosecuted him on a note. I have fre
quently seen Mr. Thompson in Wall street We have
had a good deal ol intercourse. 1 heard a good deal said
of Mr Rogers'character at Mr. Thomnson a ; but g--n?
nlly in the streets. I heard Mr Deane, of Wall street.
* peak of him, and also a Mr. White the lawyer Hespoke
badly of Rogers. I believe It was Mr James W. White.
Mr. E. D?yis examined by Mr Robinson?1 know Mr.
Rogers His character, so far ta I have heard it spoken
of, is had . .
Mr Warrkn Jenkins corroborated the statement* ot
the foregoing witness in relation to general character.
Mr John Rick aworn?examined ny Mr Robinson.?I
resided at Allentown, (Pa.); I lett there in July, IMS; I
was irom 20 to ?4 years Cashier ot the Northampton
Bank, and for two or three yeara President of the Bank j
I was originally a mechanic, and learned theconfection 1
ary business, which I now follow in East Broadway; I
knew James T Rogers during my negotiations to obtain
money for the Bank; I knew him to have obtained a loan
under a sealed agreement. Rogers received money under
that agreement; he received a large amount ol the bill*
of that Bank tinder this agreement.
Court?If there was a written agreement, it aliould be
produced
Mr. Robinson ?1 shall be able to prove that he receiv
ed money from the Bank.
Court?A witness cannot testily as to facts, which
aro embodied in a written agreement between parties I
admonish the witness not to answer.
Mr Robinson.?Can you tell the amount he got from
the Bank ?
Mr Rhymond objected
Witness.-I cant tell the exact amount; 1 wish I had
nothing ?o do with thl* case: I have undergone so much
persecution, that it i* enough to drive a man cramy.
Coubt.?Well, don't ray anything that will Involve
yourself- We feel for you. |
Witnrss.?My memory is much impaired, and it 1* |
enough to drive a man crs*y.
To Mr Robinson ?The Northsmpton Bank failed in
IMS, shortly al'er Rogers' dealings.
q._ i o what do yon attribute the failureof the North
amp'on Bank ?
Witness.?I attribute it fir*' to an act ofthe Pennsylv*.
nia legislature? seannd to a freshet on the L*high?the
Bank owing more than the amnuat of their capital; and
third, the dedication of John Rice (the witness ) if that
b?true?but I insist it i* not; and finally, their throwing
their Captain, John Rice, overboard, who Berved them
faithfully for twentj five years. (Roar* of laughter)
There were some brokers from Philadelphia, Wall stie?t,
ai.d Boston, sent on large amounts of note*- I spenk ol
the whole tribe (I,Slighter.) I know R< gers as a banker,
but not as a broker. There had been'wo rtlff rent emis
sions of notes. The ob.t<at of 'he second emission was
to pledge nj security in Philadelphia, Baltimore, and New
York. The notes that were returned cam* from the bro
kers - some of these notes were thrown into the market?
Rogers made loans to ihe Bank by agreement.
Coua' ?If there be a written instrument in existence
the parties are hound to Introduce It.
Mr Robinson, f a?k the witnes* if there wa* a loan?
Mr R?vmonb objected.
The Court overruled.
Witness to Mr. Robin?on ? Rogers made loans to the
bank in dtalt* and checks, partly in both ; to the best of
my recollection the agreement specified the description
oi money hand"d in by Rogers ; there were some note* ol
the Hamilton B* k given in by him
Crmi-fTaminnl by Raymond ?The notes were secured
b the Comptroller ; n few were exrhinged for gold at
Philadelphia at one-half per ce t discount; there was
subsequently a commission l*"Ued. ntid there wa* settle
ment; I have been iodicted with Rogers, at Philadelphia
Mr PMLir Reynolds examined by Mr. Robinson-1
know that there was an institution railed the Hamilton
Bank managed by two men named B'gelow and Mr Ro
gers: I have been appointed Receiver under an order of
Chancery overlhe Bank, which Is broken; Rogeis had
?h managenent nf It at the time it was broken up; a
man of the name rf Hlamm, iind ano'lier man named
Mi'tnt, act'd a* Rogers' creatures: Rngers' testimony
before he Master in Chancery showed tUa Mount wa* a
very rupKUlili man) I .lenvej what I know In convei
*atf n* with Rogers, and alio with the othur i.amid,
there was not a jimmy ol tin- as*ett? remain ii g
Mr. Robinson?It had t.eeu pretty thuiouiihiv Boceied
1 think? (Laughter )
Witness?The Bank ?U supp led to be in Hamilton
county; 1 understood the Batik had no location exoept
tbeoffl a in Wall street; I ahauld doubt from alllhe*rd
if the Bank bad any other place of buiinvtt exctpt New
York; Rogera' general character, I have not h>*?ia much
utioutbim; hia name ha* never come up mech be'oreme,
1 have hand two or three apeak of him, not as a mar. of
integrity. No cro?* examination.
Mr. Stcfhin Bi-ckmalteb sworn and examined by Mr
Robinson.?1 know Mr. Rogers
C'oi'ut?la Mr. Rorers lang in New Yoik'
Mr. Raymond He owned the Merrymack Mills atone
time, and la married in tkia city
Mr. Robinson?We want no dissertation from thecouiw
sel. The fact is, your Honor, he is a sort of Boating finan
cier fram 8t Louis to Nyaek.
Coubt?Gentlemen, now I must step this.
Mr. Raymond?Ye*. upon the evidence of the Hon Bir
Lucius Robinson.
Mr. Robibsoh?You shall nee by and by.
Coubt?Come, gentli men.
Witness?1 have heard he did not pay bis debts.
Mr. Kbbnezeh Seklycorroborated th? iormrr witnesses
in relation to character. He contlntu d -1 am attorney; I
had two acceptances of Biamm and Roger* placed pro
fessionally in my hands; I made enquiries of several, and
received had accounts aa to his general character, not
be?>g a man of good (tending.
Cion+rxamintd by Mr. Raymond?1 have no diatinet re- ?
collection ol the sources lrom whence 1 derivtdmy in
formation ; ] can't aay if it was from Mr. Thompson.
Mr. B. C. Hbbbino exam Ded?His general character is
bad ; I have known him for years ; I have had dealings
with him; we disagreed; I have beard his character spo
ken of disparagingly some two year ago.
, . , Arraaweow Seision.
The Court took a recess and again sat at 4 o'elcek.
Mr. Lewis Tavtan was called to the atand, and examin
ed by Mr. Rocinson?About two year* ego Mr Roger*
called at my office with ioma bills of the Northampton
Bank, which he represented as good. He offered to give
me $a00 if I took a record and made a statement thst the
Banfc was geod ; he left the money on one occasion,
which I returned, end deoliued any further communica
tion with him ; ke was introduced to me as a respectable
man : I can't tell what were the securities he sbowtd me
in relation to the bank ; he told me somrthing about coal
securities ; but I don't well recollect ; I undere'ood he
was the agent of the bank; he wanted me to put down
i.is name in my book in order to show his solvency to the
amount of some $80 or $70 000; I did not take his money.
The contract b-tween ''Snrnm and Rngers" and the
' Northampton Bank," by which the parties bound them
selves 'o pay the bank $80,000, all made payable at the
Union Bank of this city in drafts, the oank binding itaelf
to pay in conaideration sums amounting to $30,000. end
translering two securities, tin payment ot the drafts
two package*,whieh had been delivered, containing notes,
were to be returned. Two supplementary agreements
were put in. showing an amount of check* drawn on the
Manhattan Bank
Mr Geo. Keech was sworn and examined by Mr Ro
binaon I am a resident of Allentown, Pa. Was cashier
of the Northampton Bank up to the time it failed The
President became a defaulter to a large amount; he had
alao loaned to the Lehigh Coal Co a large amount of mo.
ncy, lor which the bank received mortgage loan certifi
cates ; the bank became pressed for money and borrowed
on these certificates, which were much depressed.
Mr. Rice, the President, was authorised to borrow for
the bank ; afier efforts he returned home and reported
that he might borrow on the notea of the bunk and the
loan certificate*. He was authorized to negotiate as pro
posed. He, however, hypothecated double the amount
authorized ; very coon alter the same notes were offered
in large amounts at the bank for payment Notes to the
amount of $180,000 got into circulation, for which only a
?mall amount ha<.i been received by the bank. I have se?u
?he greater part of the drafts and acceptances en time
loaned by Rogers and SIsmtn.
Mr. Robinson?They did not give cash. They nrerely
gave a black dog and got a sick monkey. (ImmoaM
laughter )
Witness ?I have seen the different chccki put in by
them; also the agreement, and the re-assignment of the
coal contract; at the time of the re assignment of the
coal contract, none of the drafts were due. In conse
quence of the return of the notes in large amounts, the
Bank stopped
Cro$t examined ty Mr. Raymond ? "ome of the notea
wentinto the hands of " 8l?mm and Rogers;" the agree
ments and receipts, and, I believe, some Tetters chow this
fact. Mr. Rice made the arrangement with Rlsmm and
Rotrers;I suppose in Philadelphia, but I belii ve all the
agreements were made at New York; 1 groun > my opi
nions on what I have seen in the agrtemt nt, I delivered
the notes to Mr. Rice, that t hey should be sent to Mr.
Roger*; the receipts for $130,000 are in the hand wilting
'if Mr-Rogers; they eommeuced being retnrned in March,
I84S From Si,000 to 60,000 dollars were hypothecated
at Baltimore, by a Mr. Crawford; about lour or five thou
sand were returned to the Bank; notea were also issued
to a Mr. Wilde' before the assignment of tke bank, and
were not put iu circulation; lour paymenta, however,
were made The Bank stopped doing business in March,
'he assignment was made in Jure; there was a special
?issignment made in April; from $>0,000 to $M,000 were
returned to the Bank up to March The acceptances
vere never paid; the matter was arranged by aettlement
between Rogers and the Bank.
Coust?The only queotion is to ascertain if Slamm and
Rogers had produced this failure by their lraudulent
dealing*, as charged in the parrgrngb.
Mr. Robinson?We have shown that, and that no ar
rangement was made before the commencement of this
suit.
WitNE?? erou-examuetd in cenlinualfn? Some of the
Crawford notes were taken back; I do not know that
Rice, after the failure of the Bank pat theee paper* in cir
culation.
Mr. John Die an, sworn and examined by Mr Konmon
?I am a Broker, and live in Wall street; I have seen notes
iu the December of 1843. ol the Northampton Bank in
circulation in Well street; they were princ pslly fltiO
md $60 bill*; I received them from a man named Collins;
i bey sold lor about 76 ents on the dollar
Mr. Hohinson?I have given notice that I would be
able to a* ow that the mere (act of R gers' connexion
?i'h the Bank was sufficient to insure its failure.
Witnkii, in continuation?Rogers'character, aocord
tntr to tumor, if generally vary bad in basinets.
Cross examined by Ratmond?I am connected with the
"New Hope Bank;" I take up it* bill*; I have h?arl many
?peak ill of Wogers; Mr St John. and*others; I heard a
Mr Howard spe?k ill of him; I was in business at the
West before I came to Wall street.
Mr Thomas L. Coleman examined br Mr. Robinson?
I am a broker in this c tjr, and was in 184* in th?- winter
of that year; I saw a large amount ol the notea of the
Northampton Bank in circulation; they came from the
office of Hlamm li Rogers, in Wall street.
Cross txaminrd by Mr Raymond I saw a good many of
'hose notes; I was employed by Mr Rogers to d spose of
'he money; I don't know how it went (Loud laughter )
I got ten c>-nt* for some, and eleven c*nts tor another, and
I believe fifteen cents for some, and don't knew in iaot
how it went. (Roars of laugh'er.) I went slso to Phila
delphia. and was sent there by fllamm fc Rogers; I reside
at No 2 Wail street, and am in partnership with Thomp
son. I have no Interest Id the " Bank Note Repo ter." 1
had about $ ft) 000 of the money on hand; 1 eommenoed
?ailing at 76 cents in the dollar, and it was down subs*
quently to nothing.
The defence here rested
Ri6u/ting Cast ? Sandyobd 8tani.it exsminsd by Ray
mond?The Hamilton Bank was stopped by injunction
and the affairs went into the hands of a Rfflvtr The
Comptroller took It in hand. T> e notea were taken up
for hall a cent discount after the injunction was laid on.
I continued to take them up until a receiver was ap
pointed
Cioit rramintd by Mr. Robinson?The Comptroller had
means in hand to tMke up the liabilities of the bank ; hut
not to take up the certificates of deposit, amounting to
$13 600. The certificates were issuea by me on direction
of Roger* The certificate* were issued net on money
alone. I had not that amount of money. The certificates
on their face state the actual deposit of money but the
amount was not lodged. I cant tell the actual amount of
money deposited at the time. I do not know that h? took
up the certifioata in consequence of Its being notified in
some ol the city journals that the certificates were frau
dulent. Everything was taken away a short time after
the certificates were issued and belore they became due.
To Mr Ravmonb?'There was but one certificate taken
up by him.
Ex-Alderman Piranv produced and examined by Mr.
Raymond as to chaiactor? I know the-plaintiff, Rogers)
I have heard some speak well of him and some apeak
against bim ; I kuow but little of his character; I know
nothing against him ; people speak against him.
CocaT- You live rather out ol the sphere of his opera
tion*. (Laughter.)
Witness? I do.
Mr. Raymond?You dent go into Wall street very
much? (Laughter)
Witnvss I do n t indeed ; I dont have much to do
with bankers or financiers (Laughter.)
Wm M Mitchell, lawyer of John street, iwern ; I al
ways regarded his character ss good ; f knew bim to be
hi-gagerf in business at Westchester about eight or ten
years ago ; he waa connected with alaiga factory In
Westchester when I lived there ; he left about eight years
ago ; hi* factory waa burned down
Mr. Robinson--H thill is gone into 11 shall produce a
witness to show that he is charged with having burned It
down himself.
Mr. Ratmono?We defy that
Mr Cnables Thomvsoy.?I have heard nothing against
his character ; I understand lie bus got eat paper that la
not paid ; be is oi a sanguine temperament, and sometimes
over calculates.
To Mr. Robinson.?Rogers owes me a largo amount of
money; I expect he will pay me; I have henrd Mr.
Mitchell say he was an honest man. (Langhter)
Mr. Robinson.?Io have I. But what Is his general
reputation?
Witness ?I hare heard nothing sgaimt him.
The ca*? here closed.
Mr Robinson h< re vurrmnl up, ?n<' commen'ed with
caustic leverity on the shavir-g oper ations or ihe finin
c.iers of Wall street. The evieerce showed that ?hU was
a most f raudulent concern, got up here.proii sniag to have
a bank in operation in Hami ton coun'y, where notuoh
bar k was at all in exist' nee, and keeping a shaving shop
in Wall street, where notes are I'stied at par with the
right ovrr the countrr. and one holf or three fourths dis
count are taken in over the same counter with the left.
The fraudulent certificates of deposit appeared fullv In
evidence, and it waa ludicrous foi such a msn to talk of
I chatacter. He considered the plea of Justification was
sustained
1st, That the publisher ef a puhl ic Journal onght to be
protected in fair and true strictures in reterence to the
conduot of men in which the public have any cob era.
That the liberty of Ihe press should he guarded in thia
respect so long as it does not degcnereteTnto licentious
ness,
I 3d, That before a man brings an action for damage to
his character, he mu-t take care to have a character that
can be damaged.
1<I, That a complete Justification had been made out by
showing the truth of the matters stated in the alleged li
bel. That the conduct and menagf-mrnt of Rogers bad
in fact ruined both the N >nh mi ton and Hamil'on Banka.
4th. That even if such Justification bad net he* n made
ant, the proof against the genrral chararter of the p ain
?iff wa< ao sftoog end conclusive that plaintiff ought not te
recover
n relation to character, Rogers nut himself forward aa
a man ol geod character; they ell Knew the testimony
that was introduced on this hesd,completely overwhelm,
i ed the character of the defendant. That he broke thf

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