The New York herald. [volume], May 10, 1849, Image 3

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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Our Washington Correspondence.
Washington, May 7, 1819.
The Aext Congress?Mr. Clay, Mr. Webster, and
the Cabinet?Rumored Changes lit the Trtisury
Dejnrtment?The IVtw York and I hil idetpliia
Appointments?Conduct of Office Seekers, 4?c.
From present appearam es, the next session of
Congress will be u stormy one. The fanatics of
the Nona and the fanatics of the South are carrying
everything before them. Political questions
are fast emerging into the more important subjects
of wool and free soil. Where all this will end, it
is impossible to say. Patriotism, love of country,
even a high or low tariff, everything, in fact, but
love of office, are forgotten. The one great question
is, the ulrta abolitionism of the North and the
ultra fanaticism of the South. It can hardly be
that the valor cf our revolutionary sires, the enterprise
and industry which lias since raised the
United States to the highest place among nations,
is all to be thrown uway upon abstractions ; that
this glorious country, after whipping the British
and tne Mexicans, the .Seniinoles und the Flat Feel,
is to be coni|uered at last by abolitionists and niggers.
Oh, ignoble fat<?miserable destiny !
A good deal of speculation is indulged as to the
course which will be pursued by Mr. Clay towards
the administration duriii" the coming session. By
many it is believed he will head a party in opposition,
or if not absolutely in opposition, will be far
from yielding that cordial support which his eminent
position would render so advantageous to the
cabinet. All such fears, we think, are groundless.
We have no doubt Mr. Clay will be as firm a friend
to General Taylor as any man in the Senute. At
the present moment, his attitude is, privately and
politically, of the most friendly nature ; and there
is no reason to believe that any circumstances will
arise to change that position. Mr. Webster, it is
U^ll L.,..Ur.. I'., ,.L., I 1,? t,?^t ?,.|.,?U will, .i,^
I binet. Everything, therefore, leads to the conclusion
that the whig leaders will he united
in their support of the present administration.
Whether it will he sufficient to give them a
majority in either branch of Congress, is another
una a much more uncertain matter.
The fertility of imagination has never been mpre
abundantly displayed than in the few weeks which
have elapsed since the inauguration of General
Taylor. Day after day unfolds some new mystery?
some direful rumor?some fact, with reference to
removals, changes, and appointments; and yet
scarcely have they time to cool before it is discovered
they are mere castles in the air. The solution
of all this is apparent. There are hundreds
of expectants of office throughout the country, more
than there are offices. The coni|>ctition is therefore
brisk, and as everything is fair in war, all
sorts of stories are fabricated, in order to try und
check mute, or bluif otf, opposition. Nine-tenths,
if not more, of the rumors are news to the cabinet,
just as much as they are to the public.
For some time rumor has been busy with the Treasury
department. It is asserted that Mr. Penrose,
the assistant Secretary of the Treasury, is to be appointed
Solicitor, and that the present Solicitor
(Mr. Gillett, a barnburner of New York,) is to get
the first Coniptrollership, vacant by the resignation
of Mr. McCullough; and as a climax, that Mr.
McClintock Young, a very worthy democrat, und
for many years chief clerk of the department, but
who has recently resigned that office, is to be the
assistant Secretary of the Treasury. One would
imagine that the absurdity of all this was sufficiently
apparent. The present administration is doubtless
opposed to proscription, but it can scarcely be believed
that it is willing to give two of the most
prominent offices in the Treasury department to
their opponents. Fudge! The truth is, the different
secretaries have been so busy in arranging
more pressing business, that they have not had
time to think of changes in their bureaus yet.
The New York and Philadelphia appointments
(with the exception of Mr. Talhnadge) have not
yet been taken up. There are so many applicants,
and there is so much ill feeling existing, that it is
probable the administration is disposed to wait
patiently, investigate the claims carefully, and, in
the end, perhaps appoint persons who, although not
so clamorous as the present applicants, are fully as
worthy. It is not probable, at all events, that any
thing will be clone m the matter for some time. The
totaj want of self-respect, paid by the clamorous
applicants, has not tended to raise their characters
very highly in the estimation of either the President
or his cabinet. Omega.
Washington, May 8, 1849.
New York and Philadelphia Scramblers?Policy of
the Administration?Rumors and Appointments,
&c.,fyc., fyc.
We stated yesterday that it was more than probable
none of the prominent candidates for Collectors,
icc., of New York and Philadelphia would be
appointed ; and we are more confident than ever
that such will be the case. The acrimonious feeling
which exists among the aspirants and their
friends is scarcely credible. The administration
is fairly taken aback. Smith (we mean, of course,
John Smith, and not Peter Sken) wants office for
himself, but at all events he is is opposed to Jones
getting it. Jones is equally implacable in his
hatred of Smith. What's to be done 1 If Jones
gets it, there's the devil to pay with Smith, and if
Smith gets it, Jones is in arms! In this lumentable
posture of affairs, the best way is to discard both
the patriots Jones and Smith, and give the office to
Tompkins. We see no other way to get out of the
scrape, and we are certain Tompkins at all events
agrees with us. One thing is certain, no immediate
appointment will be made?nor would the Marsliul
have been made just now were it not for the
unavoidable necessity created by the conduct of
the late Marshal. A good deal of surprise and
uneasiness is expressed in certain quarters, at the
apparent want of action on the part of the government
with reference to iui|>ortant appointments.
The truth, we believe, is, that the cabinet is maturing
its plans, which are, us yet, in a comparatively
crude state, By the first of the month more
light will be thrown upon the subject. Fro mi the
commencement a definite plan of procedure was
doubtless fixed upon, but the hosts of applicants for
office has rendered the carrying of it out a matter
of somewhat more difficulty than was at first contemplated.
With the vast disproportion of offices now in the
hands of the opponents of the administration, it
cunnot reasonably be sujqioscd that many removals
will not be made. There is no doubt nearly all the
foreign missions will be changed, and there is as
little doubt but what a good many heads of bureaux
will be removed. It is more than probajde, when
all this takes place, that the venerable editor of the
Union will " caterpillar." Beyond this, we do not
apprehend any very great excitement?certainly not
a revolution. To the great mass of the people, it
mntlers little who fill the offices of the country, so
long as the duties are well performed. To the administration,
however, which is res|?onsible for the
proper uciformance of these duties, it is a matter sf
somewhat more importance that it should have
confidence in the officers who are to carry them
out. That these changes will extend (excepting,
indeed, for personal causes) to offices where no
responsibility exists, we do not anticipate.
The whining of the democratic organs upon the
subject of removals and appointments, is contemptible,
and we cannot think the democratic party care
a fig about the matter. The great democratic party
of this country has surely nobler, higher aspirations,
than the mere retention of offices, when they
have been defeated at the polls. They might as
well complain of the injustice of Mr. Polk's removal,
or the reinovul of the lat? cabinet, as to prate
' about the iniustice of the administration putting
itu friends into important and responsible offices.
No one known this better thun Mr. Kite-hie himself,
nnd no one would laugii in ins sieeve W!'h a
heartier pood will, were the present administration
green enough to act otherwise. The doctrine cunnot
be objected to. It is good, sound democraticdoctrine,
and common sense forbids any other.
? Prosciiption" is quite a different affair. Proscription
is the mere wanton removal of officials
from unimportant offices; but does not, in any way
that we can see, apply to keeping in the op(?oncnts
of the administration in high, responsible positions,
so as to enable them to check-mate everything
they see proper.
It is rumored, and we ho|>e correctly, that Mr.
Stum-bury, for many yours connected with the
National Intelligentcr, as Congressional reporter,
nnd regarded as the father of his profession in this
city, is"to be appointed a draughtsman in the Patent
Office. Mr. Stausbury is a gentleman of education
and ability?an excellent draughtsman, nnd qualified
for a much higher position than rumor assigns
. him.
The rumor {that Mr. J. E. Harvey is to get a
mission in June, is premnture.
It is said that Captain G. W. Cutter, of Kentucky,
is to get the Chili mission, early next month.
Captain Cutter has distinguished himself as a |>oet
and a soldier?is a lawyer of respectable standing ;
and altogether the appointment will be a good
one.
Mr. R. \V. Howie, of Maryland, brother-in-law
of the lion. Keverdy Johnson, is to get the office
of Navy Agent at this place, vacant by the resignation
of Mr. Scott. Mr. Scott's resignation has
caused considerable surprise, and various reasons
are assigned for it. As, however, they are not very
well authenticated, wc forbear giving them ut
present.
Jt has been decided to remove Jimmey Maher,
the public gardener. Mr. Douglass, a Horist of this
city, will get the office.
it is a mistake that Mr. Peter JIagner has intimated
his intention of resigning his auditorship
There can be little doubt, however, but what he
will be removed, as he has become completely
superannuated. j
Item?Thurlow Weed is here, working heuven |
and earth, it is said, against ex-Governor John
Young. Omega.
Washington, May 7,1&49.
7Ti? Naval Expedition to Search for Sir JiJin
Franklin?The Hon. John M. Bolts and Hotel
Keeping?Hie Siamese Tunns, tfc.
The most interesting rumor of the day is, that \
the government is about to despatch forthwith two
vessels of war, in search of Sir John Franklin and
his ships'crews. One of the vessels is to enter j
into the inland Arctic Ocean, by 1 Uvis's Straits, !
from the Atlantic, and the other by Behring's
Straits, from the l'acific The American people
and the civilized world will approve of the enterprise,
whatever may be the result, or the apprehen- j
sions of a failure.
Mr. Botts. it upjiears, having failed in politics, is
going into the hotel business, it is reported th it, !
with a Mr. Ingram, of the North, he has bought out
the U. S. Hotel in this city. If such be the fact,
he will have a quorum of the house at his command
next winter.
The Siamese twins are exhibiting here, en route
to Europe. They are going to Fiance, to see if |
they cannot be divorced?that is, the brothers?by
cutting the ligament.
A terrible eflort is being made to defeat John
Y'oun<* to-day; but we are inclined to think he will
win the game.
Our Albany Correspondence,
Albany, May 7, 1SI9.
The Position of Politics in the State?1he Col- j
le< tor ship of New York?Hie Union of the Old
Hunkers and Barnburners?Is it Possiblef #c. fyc.
The politicians here are nervously awaiting the
vibrutions of the w ires, which shall tell them of |
the appointment of your Collector. All other up- j
pointments in the Stute are deemed as of no importunce
coni|>ared to that; us that will decide who, :
or which section of the whig party, must be consi- j
dered as the controlling one. The rank and file, '
with upraised hands, and with confiding faith, are j
praying for the nomination ot John Young; but the .
silent watchers?the scheming and intriguing vul- j
tures that watch and wait for prey?the State officers
and their obsequious dependants, who fatten
upon spoils?the disciples and followers of Tliurlow
Weed, who hope to strengthen the position of
ex-Governor Seward by weakening that of General
Taylor, ure anxiously looking for some
change in the asjiect of things?some waif upon
the shores of fortune?some drift-wood upon the
stream of luck, that may afford them timber enough
to erect a bulwark for the safety and protection of
their forlorn hiipe against the overwhelming force
of public sentiment.
There are those bold enough to predict that the
hero of lJuena Vista, who "never surrendered" to
a hostile force, will yield to the importunities of
Seward and his followers; but there. are, on the
other hand, those who hesitate not to declare, that
the President is too honest to be corrupted, too
watchful to be entrapped, too determined to be vanquished;
uud who assert that the old hero will not
overlook or forget the claims of him who sacraficed
his political existence by an early avowal of
preference for the successful and unconquerable
old soldier.
JJefore this will reach you, the question will be
decided?the momentous question upon which
depends the success and continued triumph of the
whigs in this State.
While this state of things exists among the whigs
here, the condition of the democrats is equally uncertain.
Much has been said, of late, about a compromise
between the hunkers and barnburners, but
an examination ?f the conflicting elements convinces
me that harmony in the ranks is as far olf?
ns remote, in point of time and space, as ever. The
barnburners are, it is true, anxious for a compromise
; but they demand too much, and the hunkers
are inexorable. Besides, it they were both sinqpre
in their professions and desires for harmony, there
are two obstacles which would, in any event prevent
the consummation so devoutly to he wished.
These obstacles are the Atlai and the Argu>s, the
leading journal, of the two factions. The former
hus been a burthen to the barnburners from the
date ol its birth, and its very existence depends
chiefly upon the gratuitous contributions ol individuals,
who have been sucked till every source of
nourishment has been exhausted, and who would
gladly wean the suppliant, or suffer its decease
from want, but for the fear of exposing tlieir weakness,
or being left without anexpsnentor defender.
And the other (the Argus) is unfortunately under
the control of one, whose moral force and influence
has been destroyed by his connection with a disastrously
bankrupt corporation tliat recently exploded.
It has been repeatedly suggested that the
wrecked and beggarly fortunes of the one should
be wedded to the equivocal fame and character of
the other; but the false and preposterous valuation
of the power and influence of each, lias thus
far prevented a union of the waning interests of the
two. llumor has been busy recently in regard to the
condition and prospects of the two prints; but I
am persuaded that the gossipping dame is as much
mistaken upon this subject as upon many others.
The suggestion recently made, that Gov. Marcy
and lloratio Seymour, of Utica, were about to
assume the control of the Argus, is unfounded and
absurd. Gov. Marty has n? idea ol the kind,
lie now stands at the head of the New York, if
not of the entire Northern, democracy ; und Mr.
Seymour, a gentlemun of eminence ut the bar, and
possessed of an ample private fortune, has little
taste and less inclination for a doubtful sj>eculation
of the kind, even should his health, which is very
precarious, admit of his undertaking the arduous
duties attending such a charge. There is no foundation
for the story, 1 assure you. And I doubt
whether Mr. Croswell could be induced to resign
his control of the journal with which he is connected,
especially as, at present, lie has no other
adequate means of support.
, There is great doubt, also, whether the proposition,
that a joint ^tute Convention of the two factions?a
sort of Congress of Nations?shoujd be
held at I .'licit, to decide all questions of principles,
of organization and of nominations, will be accentable
to the great mass of the democracy. The
burnburners want the Cuss and liutler deinocruts
to adopt the free soil principle, as the " comer
stone" of the democratic faith. This, depend
upon it, they will never do; and, so long as the
"VV'ilinot proviso continues an uctive element in political
organization, the democratic party will never
? can never?get together. Resides, questions of
political preferences, no less conflicting and embarrassing,
will exist, which will prevent a union;
lur i MippuBe nit' urn nuururi^, in junii cuiivciuiun,
Hiould insist upon the nomination to office, of 8am.
Young, or l'reston King, or Geo. liathbun, or Ben.
Butler; or, suppose the hunkers should present for
the same honor, Uenrv A. Foster, or Orville Hungerford,
or 1). S. Dickinson, or Nathan Dayton,
could they, do you think, agree to support them in
good faith and with sincerity 1 Certainly not. It
follows, then, that no union can be complete until
the present question?so full of the elements of
discord and excitement?free soil, and the acrimony
of personal preferences and private revenge,
shalf have both ceased to exist. When that democratic
lnillenium shall arrive, no man can tell.
There is at present but one point anon which both
sections agree, and that is cursing Folk's treachery
and deception, and in damning nim as the author
of all their troubles.
W hile attempts are now industriously being
made to bring about a compromise, the Vun Bu- '
rens are playing a double game, as usual. While
the " venerable sire" is writing friendly letters to
Marcy, and advising harmony, the "degenerate' |
son is playing the devil in New York, counselling '
mischief, anu leading on disorder. While one j
blows hot, the other blows cold; and while one
pretends to throw on water, to quench, the other
busily heaps fuel on the flames. No real uniou
can be bad so long us treachery lays the foundation
stone, and selfishness builds the turret; and for all
purposes of success, the democrats differ as widely
now as they ever did before.
Our St, Louis Correspondence,
St. Louis, May 2, 18 U).
Fire Among the Steamcrt?Lo$? of the Highlander.
The destruction at our landing, yesterday, by fire,
of the steamer Highlander, a brief telegraphic announcement
of which I sent you, was attended
with a serious accident to her owner. Gen. N.
llanney. This gentleman was on board at the
itionient of the discovery of the fire, which originated
in the hold of the vessel, near the wheels,
and immediately attempted to suppress the fl inics.
The progress of the devouring element was so
rapid, however, as to preclude nil |>ossibilify of
saving the vessel, or her valuable cargo from destruction.
Finding this to be the case, her owner |
then attempted to scuttle her, but in this he also
failed, lie then attempted to eacape by the staging, |
but found his flight cut off by the fire, ana that
iio hoj>e of escape was left but by jumping over- 1
board. His clothes were already on fire, and hi*
bunds and face were burned, when be plunged into '
the river, and, swimming round the burning vessel, i
gained the shore. The Highlander's cargo was i
worth, probably, forty thousand dollurs, and was !
pnrtinlly insured. The boat cost her owner $4,500,
and was insured for $3,000. A high wind was
prevailing Ht the time, ami it is truly wonderful
that a fleet of some seventy steamers was not destroyed.
As it was, the,Ne I'lus Fltra, and the
Gen. Jcsup were saved with great difficulty.
WiSHiitaTOf, April 30, 1M9.
MmMW. Captain fVilkft.
Circuit Court?Before Judges Crancb, Dunlap, and
Morse 11.
trial for malice.
This case, charging malice by Captain Wilkes, of the
U. 8 Kxploring Kxpedition. for imprisoning the plaintiff
in a native prison, (which was. it is charged, Oiled
with tilth.) at Oaliu, flogging him, itc., was again
before the court this moruiug The entire ground of
the action has alri ady been stated in the HeraU
On Saturday Mr. M'ay asked Lieutenant Walker, the
witness on the stand, what was the coudition of the
ship I'eucork for subordination, Ac., at the time of,
and preceding, the arrest and imprisonment of the
parties, (Dlnsman. Babb. and Pencil.) as that condition
appeared by the log-book of that vessel.
Air. Bradlcv objected, and argued against the admissibility
of such evidence.
Mr. Mai replied for the plaintiff, and
Mr. Hk.iih.i.v followed, in support of his objection.
He quoted from the decision of the Supremo Court, to
show that if the defendant imprisoned the plaintiff on
shore because the imprisonment was more safe aud
proper thun in the squadron, he was justifiable, unless
it could be proved that he wss actuated by malice;
that a public officer, invested with certain discretionary
power, should never be made responsible when
acting witliiu the scope of it. uninfluenced by cruelty
and malice; und that, when acting within the limits
of discretion, the same law which gives to liiiu power,
protects Ma; hut he acts bcyqnd his jurisdiction
when his acts ure attended by excessive circumstances,
arising from ill will or vindictive feelings, and he can
claim no protection under eolor of his office. Probable
cause and malice must concur. To briug down the
question to a simple rule of evidence, the Issue is as to
the excess in authority, aecompuuled by corrupt mo
tlvcn. Whut tended to show It? Not that Captain
Wilkes diil not exercise Hound judgment. but. iu the
manner and mode of exereising that JltfOMt the
party whs subjected to suffer injury, aud that result
was from uialirioua motivan Mr. Bradley quoted
largely from decision* of the British Courts, (not of
the American, for we believe that this is the first case
tried in this country of an officer in the navy for Hogging
) to sustain the plea of justification of Captain
Wilkes's conduct, and to show that there was no
malice. The argument on Saturday, lie said, was to
show that there was au urgent necessity for impri.-uiiment
on shore.
Judge ("ranch?If there was any doubt of safe y on
the vessel, then on shore.
Mr Biiadlky?It was impossible for the jury to form
an opinion as to discretion.
Judge Dcni.af? I understood Mr. May to ssy that
there were two prisons on shore, one better than the
other.
Mr. May?No; 1 undertook to show that there was
another place of confluement beside the shore?that on
the ship?the proper prison; although 1 said that discretion
was to bo exercised by proper motives.
Mr. Bradley resumed his argument, ami, in reply to
a remark by Judge Duulap. said that he uuderstood
Mr. May to offer evidence to show that there was a prison
on board the ship, iu which the compluinant might
have been safely kept.
Mr. May observed, that if he should show that there
was a prison on buurd of the ship, aud the means of
imprisonment?that being the usual and ordinary
place of coutluemeut?and if he should show that, instead
of there conllning the complainants, the commander
sent them ton priaonina loreign jurisdiction,
and inflicted corporeal punishment, the question
arises, what is the motive.' if it served a good end, it
ia to lie justified. But the question is, what Is the motive?
Has he served his discretion honestly and virtuously.'
In order to ascertain whether this was so.
lie proposed to call witnesses. If Cnptain Wilkes
could routine the compluinants ou board the ship, and
did not, does he not show malice by eonfluing them iu
a worse place. The Supreme Court says that he can
do this. They sent the case back to this court, to he
tried over again, and it is for a jury to inquire by what
motives the commander was actuated. Mr. May wanted
to show that there was a had motive, because the
prison on board the ship was more convenient aud
comfortable If not on board of one ship, ou board of
another.
Mr. Bradley contended thut it was not material
whether the complainants were confined on the ship or
not. How could the counsel show that the confinement
was not as comfortable ou land as on the ship? The
point wns not as to the ship, but as to the safety of
those confined, in the discretion of the commander.?
Unless the men suffer by it, the commander is not responsible;
if they do suffer, the coumiauder is to be
judged by the manner and motive, with regard to t Insubordination
of the ship I'eacock, to which Lieut.
Walker was called to testify from the log book. Mr.
II....-1.1 41...4 *1... I-? ,11.1 ..... -l...... IV... ..I...,.
U1UUM-.T roivs 11IOI sue log um llov nnoo tun mioic
condition of the ship; there were no entries there by
the commander or the first lieutenant. It contain*
only a record of overt acts, written by the officer of
thu declc, and no more. It was not. then, competent
from this, to form a judgment of the discipline of
the crew at any particular time.
Mr. Mtr and Mr. Bsadlky discussed at some length
the admissibility of the lo* book as evidence, finally,
The Court decided that this could be done so fur us to
prove that it was kept in coufornilty to law. and tho
regulations of the Navy Department.
O. M. Tottkn was sworn, and testified that the log
book was written by himself. It was shown every day.
Mr. Bsaiu.ey?Was Cuptuin Wilkes on board every
day ?
Witness?I don't kaow.
Mr. Bhadlky?Was he aboard more than once or
twice while lying at Honolulu ? Was he not engaged
at the Observatory ?
Witness?It was my duty to send the log-book to the
cabin. 1 don't kuow whether the commander was there
or not.
Mr. May?What wag the object of taking tho book to
the cabin !
Witness?That it might be inspected. It was sent
every day; I don't know whether the captain looked at
it; I presume bo saw it; 1 don't know that 1 ever saw
him look into it.
Mr. May now proposed to show that on the 14th of
November, 1840. two days prior to Pencil and Babb being
sent eutof tho ship, and four or live duys prior to Dinsman
being sent out, five persons were sent from the Porpoise
to the Vincennes, under the immediate command
of Captain Wilkes, and there imprisoned.
(.'apt. Wilms (who sat by Mr. liradley) said to his
couiirel that the Porpoise sailed on that day.
Mr. May overheard him, and complained that the
defendant should make such a remark in the presence
of the jury.
Mr. Bradley observed that if it interfered with the
proceedings of the court, it was improper, and not
otherwise.
Mr. May proposed to show the facts he had just stated
from the log book.
Mr. Bradley objected, on the ground that it was not
pcrtineut to show mulice ; but thu court could say
whether it was proof.
The court overruled the objection, and
Mr. Mj?y then read from the log book the following: ?
' Saturday. Nov. 14, the Vincenues received five prisoners
front tlic Porpoise, and confined them.''
Mr. May read from other portions ef thu log oook,
that, on thu UOth of September, fifteen persons from
the shore were employed in cleaning out the hold; that
a man by the name of 1'etcr Sweeney, wag discharged,
at the request of tho crew, for stealing, and the boat
which conveyed bini to the shore, was stern foremost;
arid that a man by the name of MrAlvoy was Hogged
eight lashes with the cats, by sentence of a court martini.
He wished to show that, a few days previous to
Dinsman being sent out of the ship, he was on the sick
list, and the rending of the extracts was to demonstrate
that the ship was in the highest state of discipline, and
that there was no necessity for confining Dinsman,
Bitbb. aud Pencil, in the prison on shore.
Lieut. Ai.io n, sworn, testified that he was second
lieutenant of the ship V'incennes. knew Dinsman, who
was sent to the fork; the order was given to Lieut. Carr
by Captain Wilkes, whose manner was excited, and lie
manifested luuch passion; Dinsman refused to do duty,
and was told if he did not do duly, he would be sent to
tlie fort; Dinsman asked for his discharge, on tin* ground
that bis time was out; tiie discipline of the ship wa<
good; there was no insubordination among the mun.
other than that occasion, when tliey asked for their discharge,
and refused to do duty; nothing took place
there tending to subvert the order of the ship; there
wns a general order requiring the log book to be sent
1*1 ill*: capiuiii every uaj , miai'liil wits uerer ill in** I or l
t*i which Dim-man wan sent; lie only knew of It by report
: the brig (or prison) of the Vlncennes, win on the
tiaibwnrd Hide of the main deck.
Cren-eramined tiy Mr. Braplkv.?Mr. Carr was, ea entlally.
captain of the chip while she lay in the harbor
of llooolulu, he remarked to witness. " l>ii>?mun
lias refused to do duty;" Dinsmmi said his time was
up. and he wanted his discharge; lie said tills in a
quiet. respectful, orderly manner; this was in connection
with other marines asking for their discharge;
Iiiiisir.an was the last one; thinks that Lieut. ( arr said,
" Pin-man also refuses to do duty, and wants to go
home; that Dineman was the orderly of (.'apt. Wilkes,
and was considered an Interesting innn." [(Questions
werrmkid and answered, us to the positions of the
Tcs?ilsof the Kxploring Expedition in the harbor of
Honolulu; the ri-e of the tide, Ac] It seemed to be
the desire of the commander to hate Kanaka*, (natives.)
because lie was going on a dangerous service,
but the experiment did not go up well.
Mr. Ba.tui.Kt? Was it easy to enlist a marine guard'
Wits>: ?No: unless sailors shipped.
Mr. Bkadi.kt?Sailors look on murines us half and
hall'
Wn>ts?,?I bare known utcn to go out as sailors on
(sue voyage, atnl marines next; marines who have never
been sailors, know no more about a ship after serving
twenty years, than when they first entered the ship.
The witness, ill reply to ijuestious by Mr Msy, responded
that when ( aptain Wilkes gave the order for
the Imprisonment ot Pinsuian, he was passionate and
angry. 1 he man said lie wuntcd his ilk-charge.
Lieut. Wai.kkr was cross-examined by Mr. Bradley
Maid be knew a man. a marine, named Smith, who
was sent on hoard the Vincenncs, and who refused
to do duty after he left port, on the ground that
his time was out. He had some recollection of the affair;
the log book would show it. (After looking into
the hook, he closed It, his search being fruitless.] A
man on board bad the small-pox before they arrived at
the Sandwich Islands; it may have been mentioned on
the log hook, but it was a matter more properly belonging
to the medical gentleman.
Mr. Bradley requested him to turn to the log-book,
where It was seen that on the 10th, 18th, and '20th of
November, there .were desertions from the Peacock
while lying at Honolulu, and other wrong-doing.
Further questions were asked liy the counsel on
( Bi ll side.
Witnesses were called for the defendant.
Captain llrnso*. commander of the Peacock, testified
that when the time of the marines was up. discipline
was relaxed at Honolulu. In order to Induce men to reenlist.
The fort is uear the beach, on a part of the eoral
formation of tlie island; It was not low and damp;
the accommodation* were bamboo covering and roofs;
the Oovrruor lived on one side; the Consul put his
prisoners and sailors there; knew the Governor of the
fort, and took a meal with liiui; the Governor was a native
of the Island, and one of the most intelligent, exci
pt the missionaries; lie knew how to behave him.,ill'
a- well as the witness.
Mr. M it said that he did not know what the manners
and grace ol the Governor had to do with Piu.imaii.
and otyvcted to the question
'llic IViiMii, in reply to the Court, said that the
Governor was also rommauder of the fort
Mr. Bhahlkv wished to show that the Governor was
imbued with civilization.
WiTNcas did not sou the men confined thorn, bat
there were Americana In prison.
Mr. Bhzdlcv asked a question to which Mr. May objected.
Nir fimmv.v ?nid that he intended to show, that after
Smith, a luarinn, wan brought on board, after being
punished by imprisonment in the fort, he took the
aim* ground that Dinxnian did when brought on board
the Vim-runes, viz: he and others couluderatiug uud
refusing to do duty, ou the ground that their lime w:n
out.
'i he Court at^j "urued un'il to-uiorrow morning, at
n o'clock. tf.
Our Providence Correspondence.
Providence, May 8,1HI9.
A Small Done of Politic* ui Little IViode Iilaiul.
There is nothing new lterc. Our election, or,
rather, the induction at' our new Stat o'lieer. i.eo
place, came oil' at Newport, a week ago.
There is some little excitement going on here, as
to who shall have the honors for the coming year
as Mayor of this city. The lion. Thomas M.
Jlurgces is the present Mayor; he has held the oilier
for some eight or nine years, very much to the
satisfaction of the leaders; and, though there have
?....?u'.? ? .t ... J?.1--. ~ ?
u, v 1> .w .m Iinrc ?ih-||||up uuriiig Him nine iu iuiu
linn out, they have proved futile. Now die leaders
itl'e diciiiiected; .-(ill Hursjess lias Sjreat advantages,
having die innings; and many think that lie will
succeed, and dreading his vengeance?for he, like
all great men, shows no mercy to those who oppose
him?will not vote against him, though their wishes
are that way.
There is some complaint here at the tardiness
with w hich the axe falls u|>on the heads of the loeos
ill otiice in this State.
The llobbery of the Patent Office of tHe
Ooveriiment Jewel*.
Washington, May 7, 1840.
Jacob Shunter ri. The United Stolen.
In the Criminal Court, before Judge Crawford.
This ?U the day set apart t" hear argument.-why
Shunter, found guilty of the larceny, should have a new
trial. The traverser, through hi* counsel, Messrs. Itadcliffe
and ( arliale, had tiled the following reasons for
the motion:-J.
Beeuuae the jury were tampered with in this? thut
while the jury were iu consultation, having retired on
Thursday, and shortly before they agreed upon a verdiet.
they being at that time divided, the bailiff having
eharge of the jury handed to one of the jurora a copy
of the New York Police Gazette, containing various
statements of alleged facta touching the said larceny,
and inculpating tlie traverser as the principal felon,
and commenting upou the refusal of the former jury
to convict the traverser, in a ui inner ualeulated to influence
the jury then charged with the case, and
which paper was rcadjby the jury, and used to influence
their verdict.
2. Thut several of the jurors had declared that they
would convict the prisoner, that he was certainly
guilty, and they could not he made to believe that he
was innocent.
a. 'that upon the second trial of this indictment,
one of the witnesses for the United States gave now
and material evidence, which hud not beuu given on
the former trial, vim ; that on the morning the larceny
was discovered, a certain instrument, called n colt, was
found in the room where the larceny was committed,
uud had apparently been thcu and there in the possession
of the thief, and that the said evidence took this
prisoner by surprise; that he was, therefore, unprepared
with evidence which he now avers he can produce,
and will produce, and which is newly discovered evidence,
niaier.ai to the just decision of the issue, vim :
that a certain Jlin Webb, who wus lately in the jail of
this county, charged with the said larceny, shortly before,
to wit; a lew daya before the said larceny, procured
a certain instrument, corresponding with the
description of that which wus found us aforesaid, and
which the traverser expects to identify us the same,
fr< in a certain Casper Moftit. of I'hiludeiiiliia; and thut
shortly after the said larceny, to wit: a few days thereafter.
the said Webb told the said Moflit that he had
lost the said colt, and that he was ufruid there would
be an advertisement about It, and begged suid Moflit to
say nothing about it.
This statement was sworn to by Shuster, on the 2d
inst., before Justice Thomas C. Down, witli the declaration
tliat lie verily believes thut he can establish each
and every ot the suid fuels by coiupetuut uud credible
testimony.
Another ground was stated by Mr. llatcllffe. via.;
that tlie officer (Mr. Handy) having charge of the jury,
was not sworn, and thu truth of this was shown from
the record. An affidavit ofW. A. Mulloy was read,
stating that officer E. G. Handy permitted one or more
of the jury to take thu Police Gazelle from his hand en
the occasion referred to; also an affidavit of Anna
Maria Wullace, stating that Nelson Hoblnsou and David
W. Oyster, ot the jury, dined together iu her presence,
on the 28th day of April, the day the verdict
was rendered, without being ucuuiupunicd by an officer
ui luci/vurt.
Mr. Kapclifke cited various authorities in support
of bis motion for a now trial.
Mr. Ket, for tho United Status, replied?a largo
market basket full of books having boon brought to
his uid by officer riumsull. He was followed by Mr.
Curlislc for the traverser.
The Judge required that before making any decision,
affidavits should be tiled, setting forth particularly the
alleged facts of improper conduct on the part of the
jury and the bailiff. And an adjournment took place
until to-morrow
Mrs. Shunter lias arrived, bringing with her two children,
and Sbuster's sister. (j.
Suicide of tiie Fkexcii Vice Consul at
Charleston.?Yesterday morning, between !> and
10 o'clock, a young gentleman, named Michel
Vergnol, the Chancellor to the French Consulate
in this city, committed suicide by shooting himself
through the head with a pistol. Mr. Vergnol
arrived here about two months since, and entered
on the duties of his ollice. His manners were
gentlemanly, but he appeared at times to be under
morbid excitement, although not to such an extent
as to cause a suspicion of derangement of
mind, until within a few duys past.
As is not unusual with persons laboring under
aberration of mind, he expressed great hostility
to those with whom he h>id been on the most
friendly terms, and charged them with beiinf
personal enemies. Feeling physically unwell,
he applied to a physician for advice, and received
from him some medicine npplicuble to a disordered
stomach, which it is now believed he did not take.
Ilis incoherent expressions, on various occasions,
within the previous two or three days, had attracted
much attention. Yesterday, his physician called
upon him at his hotel, but found ne had gone to
his oflice, where he repaired, and engaged in conversation
with him on the subject of his fancied
hostility to the gentlemen against whom lie had
taken such a strong dislike. He appeared deeply
excited, but finally seemed conscious that his suspicions
were wrong, and expressed much contrition
for the violent language he hud used towards
them. Suddenly he rose from the chair on which
he was sitting, proceeded rapidly to an adjoining
room, opened a drawer where a loaded pistol was
deposited, placed it to his head, and tired. One
oppressed exclamation and a convulsive struggle
only ensued, and he was a corpse.
The uct wus so suddenly |>erfornicd, and that
without any previous indication of word, that the
gentleman, who remained seated in the front room,
had no possible opportunity of interfering.
A coroner's inquest wns held over the body, and
me jury renuereu u veruici in consonance with the
facts above related. A document was found on his
person, addressed to the inhabitants of C'harleston,
the substance of which was at once a convincing
proof of his insanity. After the jury had dispersed,
a email slip of paper, containing some particles of
powder, was found, on which was depicted with a
la-n some fanciful figures, and words written, saying
in substance, that he was crazy, very crazy, the
craziest of crazy men, but was not so when in cool
blood.
The pistol used to commit the dreadful deed was
a large one. and had lain in the drawer some tini'*,
loaded, and it wum at first supposed that he Ind
.used this instrument at the impulse of the moment.
After inquiry, however, we learn that he must have
taken the pistol to nis hotel, drawn the charge, and
re-loaded it, rs about 9 o'clock he sent one of the
servants from the hotel to his oflicc with a bundle,
which he says felt like a pistol.
The occurrence is a most tragical one, and evidently
the result of u sensitive but disordered mind,
lie wns a young man, about 28 years of age, well
educated, and genteel in person and manner. The
writing of which we have spoken was in the
French language, lie being little conversant with
the Knglish tongue. A few moments before lie
rose to commit the fatal deed, he took up a pen
and commenced a letter, in the presence of nis physiciun,
hut his agitation and excitement allowed
him to poceed no further than to address "My dear
mother," showing that iiis jast thoughts reverted
to her. His remains were interred 111 the I'nitnrian
church yard, in Archdule street.?CUarlentmi
Court'r.
Probable 1'katii of JtKOK Meeker.?the
Maysvillc Eagle, ol the 1st instant, notices, as follows.
n rumor of the (leuth ?f one of the Judges of Minnesota
Territory;?"A painful rumor of the death of
Judge 11. 11. Meeker, hv drowning, in the Licking river,
has been current for several days. On Wednesday last
he left Kiemlngsburgh fort arlisle. on private business,
and whs last heard of just before reaching Licking
river. He inquired of two persons?who were ignorant
of the sudden rise?if the "river was fordnblc. ami wras
answered Hint it was Since then he has not been
hmrdnf. Two messengers were despatched from Klemingsbtirgh.
yesterday, to go to iiis destination, and
endeavor totrnee him out; but with what success, we
have not yet learned."
Court of Common Plcaa.
Before Judge Ulshoeffer
May B.? Timothy II. Main. I t. David Rndlry,? In this
ease, the jury reudered a verdict for the defendant.
Before Judge lugraham.
Chritlian UuidI, rt. Rentlecl hotelier.?Action for aspnalt
and balti ry The defence was. that plaintiff was
the aggressor. Verdict for defendant
(Itu .1 Si lin pt. r?. John Redmond. -This is also an action
for assault and battery, and a like, defence is set
set up. Adjourned.
Catharine Autre, r*. Kattmhrook?In this cause the
jury rendered a verdict for the defendant.
Court of Oyer and Terminer
Bi fore Justice llurlbut, Aldermen Wood and Miller
May 9?The court opened and adjourned immediately
after, no lmalnew being ready.
Circuit Court.
Before Justice Hurlbut.
May 0?Brnjamin Wood and Maria, kit wifi, t i R< njamin
Hazard.?After the examination of Mm Souther,
land, the mother of Mr*. Wood, was closed, the follow,
ing letter*, written by the defendant, to Mrs. Wood,
during their courtship, were proved and read, on behalf
of the plaintiffs
hitthlaxn Mills, Oth Mo 18th, 1843.
F.HTri'.Mi o Friend :?I seize the present opportunity
to nildress thee, in the silent language of my pen.
1 intended to have written thee long before now, but
I nin such a poor hand to compose n letter, that I entertain
a fear tliHt it would not be acceptable to thee.
i am yet blessed with the sweet remembrance of thy
sociability with one so unworthy of thy notice. My
associates in this neighborhood are not members in
society, and it is very hard for me to refrain from their
language, and listen to the dictates of my own eon?
teiei.ee. I do not uish to be of a distant disposition. 1
for I am remarkably tond of company, and like to asso- i
ciate with those that arc in good standing; for young
people generally are knssa by the company they keep. 1
I would not write any tiling that would he imposing 1
on thy modesty; my view was (to give vent to a small I
portion of those feelings of friendship which I con- I
stantly cherish toward* thee. Our ariiuaintaneii with i
cam inner. it Is true. Hits hecn very snort; yet, it in mi i
engraven In my mt'inory. tliut time will acarce erase it
1 find in thee a disposition to maintain the principles
and good order of our society, which exactly coincides I
with mine. Thou urt the person that I wish to associate
with: and. us long as 1 conduct myselt aright,
please accept, now ami then, a written communication
from me. i send this, enclosed ill a wrapper, to Jesse
R. Mullock, who will not know who it is from. Please
write me an answer, antl send it by mail: direct to Highland
Mills. Orange couuty. N. Y. 11. HAZARD.
Maria Southerland.
I have a call to the city, aliout the middle of lltli
month. 1 shall come ami mako you a visit. 1 want to
get acquainted with thy father aud brothers.
I must now draw my wearying eommuuiration to a
close, liv assuring thee that I am thy siucerefriend and
well wisher. BKNJAMIN HAZARD.
Kor M a It Ia Bot'therland.
1'. 8. Do not fail in writing me an answer. B. H.
Directed to Maria Southerland, 131 Bank street, N.Y.
Hiohi.and Mills, 10th Mo. 15th, '41.
Dear Fhiend:?Having an opportunity to Rend n few
lines to thee. I therefore seized my pen, nnd endcavo
to converse with tliee in silence and in friendship. D
is true our acquaintance with enrh other Is but little,
yet is full as much so as wc can expect; and, ns wo
have the name of friends, I hope we may bo friends in
deed. May our friendship never be broken off by fickle
fancy. *
I wrote thee a letter some five or six weeks ago?probaltly
it was miscarried?and if thou did get it I supfiose
that thou deemed proper not to answer it I hope
t will not be ao wltli tins, for I mean well, if I do no*.
xpress sentiments to that effect; therefore I hope thou
will excuse my many imperfections. I am at present
enjoyiug the blessing of excellent health; thy grandfather
ami grandmother, and the rest *f thy relatives
in the country, arc well, or were a few days since. Thy
uncle Kghcrt and aunt Maria Smith, paid us a social
visit not long ago - they said they had received a letter
from thee since thy arrival home.
My object In writing to thee was to solicit thy fricmlshin.
antl that a uontinuance of our acquaintance with
each other may he procured. I must ask thee to excuse
my plainness, for I will not trifle with any body, and
try to make them believe that I am in earnest, it is
ray earnest desire ami grent, study to keep truth on nty
side as much its possible, (pardon me, I don't mean to
boast.)
I hope that this will not give any offence; if I thought
it would. I would not send It to thee on any account.
1 will not press thee very hard for an answer; nevertheless
a written communication from thee would be very
acceptable to ma. Ami now, dvar Maria, It is time for
all to retire for the night.
Please pardon the imperfections of these few hurried
lines, and ever believe me to bo thy sincere friend aud
well wisher. Farewell; I cannot forget thee.
BKNJAMIN HAZARD,
Highland Mills, Orange co., N. Y.
For Mania Soutiikrland.
Directed to Maria Southerland, 131 Bank st., N. Y.
11 it, in. and Mills, 10th Mo. 20, 1843.
Mv Kind Friend:?! oiico more resume my scut, to
converse in silence with one whom I faithfully believe
to he my friend?my pen cannot express the gratitude
which I feel towards thee for answering nte so promptly.
1 most humbly ask thy pardon for making such a bluudcr
in writing in the way and at the time that I did,
for at that time thy letter to me ley in the Post Office
at Highlnml Mills: hut please excuse me, for I was careful
to go and try the post the day previous to my writing
the second time, antl through the carelessness of
the Post Master, he overlooked the letter and answered
me in the negative. He discovered It and sent it home
to me one day too late for me to recall mine. I gave
1,1... .. r,w,nji? t II I uiiu, Villi, ni,t,in
1 did not write to then. in tho first place. in the ex- I
eitement of tho moment; I think that I took roasona- I
bio time for sober and serious reflection, and thon I
formed a strong resolution to score thee up to an epia- I
tolary correspondence with mo. If it is possible. Once, I
twice, and this is tho third time that I have made nn
attempt to unfold to thee, and explain the object that
1 have in view, to assuage my many griefs. and prevent
my seeking out pleasures in forbidden places?I now
come ont of tile hushes, throw the mantle froui my pen,
and declare my lore towards thee ; I have forsaken all
other aonipany of thy sex (in tho way of courtship.) for
thy sake; please not curt me behind thy buck at tho
first sight.
Time seems to call loudly for me to bo up and a doing,
to know on whom to fully bestow my affections. 'Tin
true, we are nearly strangers to each other, hut wo
should be well acquainted with eaoli other, if we both
wont oft to that blessed fountnin of pure love, to drink
of the waters of life that flow without the least reluctance
to satisfy the thirsty soul: I feel an interest in
society, nnd wish to do all that is required of roe for it
good rinlnnosN of speech and dross, marrying in and
according to the order of our society, are materials o'
nn exterior hedge set about us that prevents us many
times from stepping out of tho way. and the enemy'
Stepping in.
I am alone In the world, like a speckled bird in a
flork, and none in tills neighborhood is my mate;
none hero dress as I do; yet none seem to shun, hut
many seem eager for my company, hud I know many
times proves a hurt to me ; I solicit thy company when
I visit the city, which will he as soon ax cold weather
sets in. and ail our fall's work complete I have just
snuffed out the candle, but I hope there Is no disappointment.
awaiting me.
Although T have no mother. I have one of the most
tender of tender fathers, yet not without restraints.
I hope thee will he careful to whom thou tella thy
secrets. If thy uncle James and aunt Sarah SouthcrInnd
should know what Is going on. they would leave
me no peare In their presence. I heard that 1 had
been there from my cousin, who visited one of your
near neighbors not long since ; but I told her that I
knew not thy father. That seemed to knock it all in
the head, and no more said about it. Thy frivnds. I believe.
are all well. I dure not ask any of them when
they think of going to the city, except I sec thy uncle
Egbert or aunt Maria, who arc my confidants.
I must now draw to a close, by saying that I am no
grammarian, no diciinnnrian. no scholar, and a nobody
in full, but have a faint hope of winning thy affections.
Please write as soon nnd as favorable ns thy conscience
will admit, nnd allay the suspense of one who,
at. thy will and pleasure, will he thy sincere, and, I
hope, unadulterated admirer.
BENJAMIN HAZARD.
To Mv Pfaii.
Directed to Marin Southrrland, 131 Bnnk street.
Highland Mills, 11th Mo. 23th, '4-1.
Mr Pkar Fnir^o? Having nn opportunity to trnnsniit
a tow linos to thoo at present. the thought occurred
to nn- tliat thoy would be acceptable to thee.
I hope thee will excuse toy delaying iny visit I expected
to have been there before this time, but the
weather being at present, very favorable for preparing
ground for planting in the spring, it seems hard for me
to leave at present, hut I think that I shall cotne down
in about a week or two. I saw thy grandfather, grandmother.
and uncle K and aunt Maria, who were all well
a few days since I asked thy grandmother how you
were, and she asked me when i was going to the city?
(I think she mistrusts ) I wrote to thee twite, to which
thou answered very promptly. I wrote a third time
some three or four weeks ago. to which, as yet. I have
received no answer Probably it may be on the way to
nic?J enquired at the post office to-day.
It Is tny desire that we may both he directed agreeably
to the will of Providence, and if we are. we cannot go
amiss. 1 have spent a great deal of my time In Idleness,
indolence, and in procrastination, when I should have
heen Improving the precious time that is allowed mo
for making my peace with find and preparing for n dying
hour, which, if It should overtake me now. it would
find me iu a dcidorable situation.
I have had almost a continual warfare from my infancy.
up to the present time, and to my sorrow be It
said, in too many instances I have resisted when no'
guided l>y the right spirit, hut I have in a measure
grounded my weapons, and arn pierced many times to
the very heart by mv antagonist.
But I have a friend by my side and one who I think
will never desert me. and who promised to reward me i '
1 only oliey him: hut now I have nrrived to the age that
sec ins to be sufficient for me to do and to judge for <
myself
It Is now about time for me to draw my narrative to a
elose. by informing thee that I enjoy most exeellen*
health, and hope these poorly executed lines may find
thee the same.
If it he the will of Providence, we shall meet soon.
My father is coming down on third day next?if thou
del ms It proper, thee nnv write to me. Enclose it in a
wrapper, and si nil It In Abigail Bunker. 143t hristopher
street, en fourth or flth day. ami she will send It up by
my father I send this hv my friend. P. Mulhall
I now conclude and remain, dcur friend, thy ever affectionate
BENJAMIN.
Eon Mama.
Directed to Maria Southrrlnnd. 131 Bank street.
iliniii Ain Mim.s. 12th Mo 24th. 1143.
Psar Mama.?Peace be to thy noul; I am well aware
of the nnxietv of thy mind In looking dally fora letter,
but the way has not seemed clear to me to write before,
and not so clear now as I would wish, hut time to me
passes verv tedious now. and I long for the time to roll
around wlien I can call thee my own. Kind Providence
saw lit t? bless me with a safe journey to my
home There wore several on board of the boat, of my
aei|iinintanee. and much of my time van employed in
conversing with them. I had much rather been alone,
in such a frame of mind as 1 then was. ami when I ain
travelling among strangers. It always seems to afford
me the most suitable time for meditation and reflection,
which. at different periods, are so sweet to me. I |
hope that thou wilt baar In mind that we are about to ,
engage ourselves in something that requires our most i
serious nnd solemn consideration: It Is something that ,
is very often too much trifled with. I have consulted
some of my nearest friends on the subject, who seem ,
very favorable towards me My father has been unusually
kind and affectionate towards me since my re- ,
turn from the eitv: he received my letter to him a day
or two previous to my arrival. There has not a word
passed between us concerning this affair. I hope that
thou, thy parenta. and myself, will synipathlie with <
him tn tils adversity. I think that thou ran imagine
very clearly what will be daily cast in his teeth by the
spirit that he has to contend with But I think hy
patience and perseverance. I shall he able to surmount
the moat of these difficulties I wish that we may proceed
agreeably to the will of Providence; for If we are i
joined contrary to the direction* of him in whoa con- I
slit* both our spiritual and temporal happiness, wo -?*
prepare a cup of sorrow for us to drink in a day of great
tribulation. I lineerely desire (ax we a I stand in need
of assistance) that we will eudeavor. in time to come,
to build each other up. turn our faces Ztonward. and
prexx forward, over every obstacle, toward the mark for
the prise.
1 shall endeavor to write again about the 29th or the
30th of tliiM month. | hope and think to better satisfuctiou
than now
must certainly write ax xoon ax thee gets this,
that it may reach ms before 1 write again. and lot me
know how tliee gets along; by all means, let me know
7.'! , r "u ll,y happiness mine depends.
Tell Misses down stair*. and Misses up stairs, that
when we want any of their assistance, we wilt
mil on them, and if they will please to mind
their own business, it limy keep tlieni out of Idleness.
My father and half-sister railed to thy grandfather
a week ago last 41 li day. and took dinner:
mid thy aunt Sarah made it her business to tell my
hull-sister to tell lue not to he in too niueli of a hurry.
Tor she wanted to make a new cap and that I iuu?t
come up and see grandfather and mother and aunt
Saruli. I had business in that quarter the next evening.
so I railed on tliriu sure enough, and Instead of
tickling I hem with giggling and jesting. I soon threw a
cloud of sour krout over their profiles, which put a
reto on their confab.
I shall now endeavor to close this nonsense by saylug,
that in coming home, my cousin, who. was with
me. found his father at the landing waiting for us. and
it was a most bitter cold night, uud I rode part of the
way and walked part of the way; by that and by
butchering pork on liftli day following, cooled me off
rather sudden and created u barking for my appetite.
I deemed it most prudent to resort to a fac simile of
(tie locomotive system for the space of an evening, and
the next morning I was the same old knife?two new
blades and one new handle.
WII n love 111 thy dear (parents auil brothers, Ian
thy sincere, and I hope, thy ever affectionate
BENJAMIN.
To Maria.
Directed to Maria Southerland. Ul Hank street.
The evidence for plaintiffs was then closed, and the
defendant's counsel, after making a few brief remarks
to the jury, called oue witness, the defendant's father,
to prove that it was in consequence of his interference
the match was broken off. Counsel on both aides
then summed up, after which, the Judge charged
the Jury, in substance, us follows He said this
was a well detiucd action brought to recover damages
for a violation of a marriage (promise ; there are
some features in this case which I have ucver in the
course of my reading before met with. There will be a
difficulty, therefore, in dealing witli and adjusting the
fuels. Gentlemen, it is true, as counsel stated, that in
order to maintain this actiou it must appear that there
was a mutual promise to marry between the parties,
hut the promise may be an express or an implied promise
; the parties may have, in presence of others, acknowledged
or made the promise.but in cases of this kind
it rarely happens (and indeed female delicacy forbids us
to expect it) that the same proof cau be given in this as
in tlie case of other contracts ; the more usual mode
oi proof is by letters and the demeanor of tile parties
towards each other, from all which a jury can infer
whether there was or wus not n mutual promise of marriage
between them. This action purtakeg of both
those species of proof. Vou have, in the first place,
from Mrs. Southerlaiid, Hie lady's mother, the history
of this courtship, growing out of a visit made by the
plaintiff to licr friends in Orange couuty. Up to this
time, there does not seem to be any prior acquaintance
between the plaintiff and defendant. it appears
Unit on her return home, the defendant accompanied
her to this city, lifter which a more intimate
acquaintance commenced. Several visits
were by him subsequently made to her father's
house. Now, it is for you to say, was this such a
courtship as you can infer a promise from, because
from it you are to decide whether it was understood
between the parties that the defendant's addresses were
made in the form of u courtship, aud with a view to an
honorable union. Here, it may be proper to remark,
that, in my opinion, there is no blame whatever to be
attached to either party?the entire business, whatever
conclusion you niuy arrive at in regard to it, seems to
be curried on with great simplicity and frankness?a
frankness and simplicity which belong peculiarly to
the sect to which the parties iu this suit belong, and
there does not appear to tuu to be any apparent
reason why it should not bo performed, if a
promise was made. The defendunt does not allege
that it was from any fault of iters that he did not
nutrry Iter; he alleges nothing against her, and so
far the purties stand on very moral ground. But to return
to what constitutes a promise of marriage in the
eve ot the law, it is this?if a man makes a request,
either verbally or In writing, to a woman to marry
him. it is not necessary for lior. to make the promise
mutual that slio responds by an express promise?you
will be able to judge frotx the evidence laid before you,
whether her conduct and hearing afterwards was such
that you may fairly infer that site consented to
marry liim. It is therefore tor you to say, under
all the circumstances of tills case, whether the
promise was mutual or not. That fact must, however,
be made out to your satisfaction; and if you ttnd that
it was. then your next inquiry will be?was there a
breach this promise ! There is no evidence of a refusal,
on the part of the defendant; but it is in proof
that he married another woman before this suit was
commenced, and you muy infer, from all the facts,
that there was n refusal If you tind there was, then
the next question for you, will be. the amount of
damages you ought to give in this case. 1 have said, in
the outset, that litis cause was marked by very peculiar
circumstances, it is said, ou the part of Mrs. Wood,
that she Is entitled to recover heavy damages.
The case has been characterised throughout, by her
counsel, as one of great hardship, and of a very aggravated
character, lie lias dwelt very much on her sufferings,
and tlie wounds that have been inflicted on her
feelings, lie lias told you that she has been grievously
disappointed, her affections outraged, and bur health
impaired ; and for thesu he asks that the defendant
should be punished. This is the case on her side, and
tlie grounds upon which damages are urged ; and it is
for jou to consider all these circumstances, and give
otlivrhaud.lt In paid there are peculiar circumstance* in
this cose,which you ought to take into consideration,
on the iiart of the defendant, in mitigation ef damages.
It luiN been paid that it whs from a revere nee for parental
authority that lie broke olf tliiH match; and that
when he found out he could not marry her. he wrote to
her in the Kindest and moat conciliatory manner, requesting
a continuance offriendly feeling between them;
that he did not wantonly violate his promise; that ho
acted with great honesty of intention; that he loved
and reverenced his father; and that, in breaking off the
match, he yielded to lbs expressed wishes and request.
\ ou will therefore take all those circumstances into
consideration, and front them judge of the motives
which governed his actions all through, and say whether
lie violated his engagement from wantonness, or in
obedience to the strong and expressed commands of hie
father. There is another circumstance of great weie'q^
which has been urged by the learned counsel tV^t lias
addressed you ou the part of the defoliant, in mitigation
of damages, it is this : the defendant, some
eighteen months after the courtship, married another
lady; and the plaintiff, in some time after, also married,
atid her husband is now a party to this suit, and
his name is on the records of this Court. It is. perhaps,
fair to presume, that, if this suit was not brought
before her marriage, that it would not be brought afterwards.
It would appear to many to ben very auomolou*
tiling for a man to bring a suit for injury dune to
bis wife's feelings tat a refusal to marry her, and
afterwards put the damages in M'* Pocket. Vet, after
all. I do not know of any law to prevent it. Previous
to 1841. there would be a difficulty in the way of bringing
such an action; but, iu that year, a statute was
passed securing to married women their separate property.
for their own support; and. uuder It, if any damages
are given in this case, they would go to the wife,
as her own private property. Damages are also claimed
for her because of injury to her position in society,
and to her future prospects; but it is urged
on the other side, that she sustained no injury ou these
points, becnuse she was in a year after wards married,
and to her entire satisiaction. and. therefore, the most
serious injury to arise from this breach of promise has
beeu removed. This is undoubtedly a legitimate argument.
and ought to have weight with you. It does uot
appear before us but that she is married happily and
fortunately, and all the injuries that you are to take
into consideration are those to her feelings and her
general hculth ; and, under all the circumstances, it is
tor you to give snch damages as you may see fit?taking
core, first, thut a mutual promise to marry has been
made out from the evidence, hut if you do not find
there was there is no cause of action here. The jury
retired, and soon after returned, with a verdict of six
cents damages for the plaintiffs.
Christophrr T. Wimple 11 ( Has. B. Burton?This is
an action of replevin, to try the right of property In
about 1>iiU0 worth of goods. It appeared that the goods
were purchased fmiu the piaiutitf by u man named
(Jhrlstal. who formerly kept an auction store in Broadway.
The piaiutitf alleges that Cliristal obtained them
from tilm by fraud and misrepresentation, and afterwards
sold them to defendant; that as soon as the plain
lift u.i.Mrlnli....l H.,.1 1... I....I 1 .
~? ...? t.u? 'V^H uciiiuuei, 1111'i lua;
his good* were in defendant's possession, he issued a
writ oi replevin, and upon entering iuto the usual security.
they w< re delirered to hitu by the sheriff. Adjourned.
Police Intelligence.
CKart.r of fraud.?Officer Ldwards. of the 3d uistiic
police, nnd Oeorge llelyeii. of the Independent Tollse,
No. 130 Broadway. arrested a man. yesterday, by the
name of Nelson II. Simons, an exchange broker doing
business iii the Bowery, on a warrant issued by Justice
Osborne, wherein lie standi charged with defrauding a
Mr. K Houghton, a broker in ti all street, out of $1,000.
'1 he magistrate held the accused to bail, to answer the
charge at court.
Ihiarderly lloute.?A Oman, by the name of Andrew
Brledi r was arrested yesterday, by officer Burley,
of the lower police, ou a warrant, wherein he stands
chare, d with keeping a disorderly house, at No. OA
Centre street. The uingistrate heid hiui to bail, to
answer the charge
,i Oithanrtl Clerk.?Officer Killiman, of the 4th ward,
arrested yesterday a young man by the uauie of 8amii,.I
Putnam, formerly in the employ of Cornelius T.
Lolig-treet, No. 01 Nassau street, on u charge of stealing
In in his employer, at various times, ready made
elotiiing. valued in nil at. $290. The greater portion of
the stolen property was found to the possession of the
aecusid. Justice Mclirath committed him to prison,
lo answer the.cbarge. H
Superior Court. I
Before Iustlees liner, Mason and Campbell. H
M*v 9 ?N". 7. the cause of Win. ltenwlck and Mary H
H. Ilenwlck vs. Stephen Mark and nth"rs, was taken H
Lip. 'J lie court made the following order:?Ordered. H
I.at the court will hear no causes at the present term H
where tlie- proofs have not been completed.
V'/.oj Garner is. Chat. II'. *1damitt al.?Decree grant d
same to he settled at chambers.
.Mat 9.?The jury will bo discharged ou Friday, and
irguinrnt calendar taken up ou Mouday. H
Court Calendar Tor This Day. I
Ciact it Corai ?Noa. 7. 1T7, 30, 31, 3i. 43, 41, 43, 46,
17. 43, 49. 60. 61, 6'J 63. 57. 53,69, do. ?
St rxaioa Cm ar.?Nos. 9. 21. 2*. 32, 44. 61. off, b2, 00, H
70. 7'J. 73 T7, Tt, I0| W,M, 87. VI 3M. HW. lit). 111.
id. 1*46. 127 to 137 inclusive, 13V, 141 to 140, 143 to 101, ^B
II,3 to 160. inclusive.
( oMiins I'ii ss. 1st part.?Nos. 10. 33, 36,30, 43, 46, 61, H
63,66,67. 2d part?Nos. 70. 73. 30. 82, 84, 80. 63. 90,
n. 94, I'd, 118.