The New York herald. [volume], February 18, 1855, Page 380, Image 4

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NEW YORK JHERALD.
J AMI eOHOOR BENMBTV,
PROPRIETOR AND KD1T0B.
?FK101 It. W. OOBNHB OF NAJBdHU ABB fXTLTOH m.
Volume XX l*o. 48
AMUSEMENTS TO MORROW EVENING.
BROADWAY THEATRE *troa<Jwaj? Bamlbt? Autony
A?l) Cliofatra.
BOWER J THBATRX Bowery ? Afostat?- Fo??5t or
Bobjdv? Dbath or I'oor Job- Iachbts or Blub.
BURTON'S THEATRE. Chamber* ?tr?? - As You bite
?t? Black Evbo Avian.
WALLACE'S THEATRE. Broadway? Thk Last Ktv
Bacmblok or Alu-AlTrvL Doiioh.
AMERICAN MUSEUM ? Arteraoon? Heads or Fail*?
Lmno Mb Five Shilling!. Unclb Tom's \Jaui*.
WOOD'S MINSTRELS, M?chanio?' Ball, *71 firoadwaj
BUCBLBT'S OPERA HOUSE, 838 Broa4wa? -Boo*
leu's CTHioriAR Ofbba Tsoura.
Hew York, Sunday, February 18, 183.1.
The News.
The six judges of the Superior Court bave unani
mously decided to grant a new trial to the proprie
tor of the Hksai.d in the case of Fry against Ben
lett, in which excessive and extraordinary dam iges
were awarded the plaiut>fl for a musical criticism
on the manapement or mismanagement of the Italian
?pera i l 1848-49.
Bnt little of interest transpired in the United
Mates Senate yesterday. Ur. Jones, of Tennessee,
cffered a resolution affirming that States only have
power to pace laws admitting or excluding foreign
emigrants. Should this resolution be adopted it
would open the door for tbe summary ejection of
the forty or fifty thousand Chinese in California.
The bill to extend credits for duties on imported
railroad iron was taken np. An amendement was
offered requiring railroad companies availing them
selves of the extension of three years' credit to give
good seourity for the pa; ment of duties at maturity,
and compelling them to file an obligation to carry
the mails at prices stipulated by the government.
This wae agreed to, and after further debate the
Beiate adjourned.
In the House the consideration of the Ocean Mail
Appropriation bill wai resumed. The amendment
selative to the Collins steamers was adopted? 100
to 83. The appropriation proposed at the last ses
sion for the ocean mail service was also adopted,
and the bill passed. The President's veto message
?f the French Spoliation bill was received and read.
A brief synopsis of it may be found under the
Congressional head. Ur. Bayly moved to postpone
the consideration of the message till Wednesday,
bnt without taking the question the House ad
jointed.
Both branches of tbe Legislature were hard at
werk yesterday. In the Senate, the bill providing
ior the appointment of commissioners for the pre
eviration of the harbor of New York, was passed.
Tbe bill providing for taking the census of the
State was taken np in committee. The amendment
giving the Secretary of State power to appoint
Marshals to take the census, instead of allowing
the common councils of cities, the supervisors and
clerks of towns to make the appointments, as
originally provided for in the bill, gave rise to a
spirited debate, and was finally adopted by one
majority. This proposal was urged on the ground
of economy; but the tine reason for it is to lodge
a large political patronage in th? hjtnda of the
"Secretary tf State. I& the Assembly, Mr. Colemail
introduced a bill increasing the nnmbsr ot harbor
master* to seventeen. Ur. Waterbury, of West
chester, Introduced a bill providing for the election
of a Chief of Police for this city. Ur. Sturtevut
oflered a resolution requesting our delegation In
Congress to urge either the restoration of the Uis
?ouri Com pre mire or the repeal of the Fagltive
Slave act. A joint resolution to take a re:eaa rom
February 26 to Har.h 5, and visit New York, in ac
cordance with the invitation of the Almshouse
Governo: s, was adopted.
In another column may be found the proceeding
in th? Marine Court yesterday with respect to tne
alleged contempt of tha* tribunal in Thursiay'a
Jjaily Times. The matter stands adjourned, but the
Conrt seems to b6 of opinion that the defendants
have not yet purged themselves of the offeace.
Our Havana correspondence brings us the pro.
ckmatlon of the Captain General in reference to
tbe apprehended outbreak on the Island, and also
some interesting items of news in connection with
it. The period recently fixed for the duration of
travelling passports fcr tbe interior has been car
tailed from three men ths to fit teen days, and several
other arrests have been made. In addition to those
already mentioned, we leain from our own letters,
and from private sources of information, that Senores
Cittra, Jose Oener, R nigno Gener, J oat' Oviedo,
and Francisco de la Garcia, have been thrown into
prison. Senor Cintra is the first lawyer, and Senor
Oviedo is one of the richest men, in Cuba, being
worth at least a million of dollars. The others are
alao leading men. Tbe report concerning the ar
rest of the Governors of Uutanzas, Puerte Principe
acd Trinidad, turns out to be unfounded. We learn,
on the other hand, that tbe S snores Galiano and
Uojan'.etta, both Oidors of the Reil Audiencia,
bave been destituted of their offices. Benor Aldsma,
one of the wealthiest men in Havana, has b.en
ex led from the bland.
Oar Msracaibo correspondent, wtI ting-on the 19th
of January, famishes an interesting review of the
attte or political and commercial affairs in Venezue
la on the inauguration of General Jom Tadeo Mo
sagas to the Presidency for a constitutional term of
four years. Owing to the deteriorating influence*
of the evil advices oi the counsellors of his brother,
Gregoiio Mrnsgas, and the continual dread of a
Patz revolution, great confusion existed, and sales
wwe effected with much difficulty and at very long
credit. The steamboat enterprise on the lake aad
adjoining tiveis was being crowced with great suo
eets.
The tales of cotton yesterday amounted to about
2,000 bales, a part of which was in transitu. The
higher grac'es were scarce and firm, while qualities
below middling continued easy to parch we. withoa*
farther change of moment in prices. Flour was in
fair demand, without material change in quota
tion?. Canadian white wheat in bond sold at $2 30,
and common Southern red at 12 12. Corn was
more active, and free sales were made, including
considerable lota for export, Prices ranged chiefly
from 98c. a $1 for white ami yellow. Old mess |>ork
vu easier, and sales were made at tl2 62. ("off*
was aboot ic. per lb. higher tor Rio, with more
doing. Cctton freights to Liverpool indicated sjme
improvement.
Acrding to the official report ot the City In
spector, thu whole number of dea'bs in this city da
ting the post w?? k was 650, viz.: Ill men, 92 wo
men, 192 bojs, 155 girls, being an Increase of 65 on
the mortality of the week previous. Of this Increase
36 were inmates of tfce public institutions. There
were 65 deaths of consump.ion, 56 of lnfltm
nation of tbe lungs, 14 of congestion of tht lungs,
8 of bronchitis, 19 of typhus fever, 15 of dropsy
in the Lead, 14 of other dropsies, 10 of diar
ibecs, 10 of dysentery, 6 of erysipelas, 12
of inflammation of the bowels, 5 of inflammation of
the throat, 6 of palsy, and 6 of old age. The mor
tality among children increases at a rapid rate.
There were 01 deaths of convnlaioDS, 19 of croap, 13
of debility, 23 of scarlet fever, 1 of hooping caugii,
17 of mnrasma?,4 of teething, and 6 ot measles.
There were 10 premature births, and 32 cases of
?till born. The following is the classification of dis
eases: ?Brain and nerves, 108; generative organs,
9; heart and blood vessels, ?: longs, throw, Ac.,
107; ?Id ???, ?; ?raptlve fevere, skin, Ac., 3?; still
born aad premature births, 42; stomaca, bovel<
and <*tm ?} onoeitm# aad
general fevers, 60; utawry organs, 6; unkniwn, 1.
The nativity table gives 357 natives of the United
Scales, 109 oi Ireland, 57 of Scrutiny, and 8 of Bag
laid.
There was held yesterday on 'Change, pursuant
to notice ofa committee, consisting of Messrs. Tiles
ton, Grinnell, Livingston and Morgan, one of the
larges' and most re si, ec table meetings of merchants
that we rc collect to h*ve seen. Ail the p omirent
merchants of the city engaged Id shipping were
present. A deep feeiing of indignation appeared
to petvade the whole assembly at the aummary
manner in which Senators in Congress were inclined
to dis,o*e of the vast interests imper rilled at Wash
ington, cn a question of courtesy, and at the exer
cise of the veto powe- on the legislation of Congress
by an absent Btnator. We have been accustomed
to regard the system of proxcls in the British House
of Lords as an anomaly in legislation, and as a great
evil; but that is a trifle computed to this new pre
rrgotive of actually preventing the passage of lavs
by a Senator oce thousand n les from the seat of
govern? ent. A full report oi the proceedings is
given elsewhere.
Mes-rs West, Arbuthnot, Price, and Howe ? act
ing on liebalfof the unemployed workingmen ? have
addressed the Board of Council men in a lengthy
paper, entitled " The Workingmen'H Rsvlew of the
Report of the Finance Committee of the Board of
Coontilmrn on tae 3ul>ject of the Memorial and Pe
titions of the Unemployed." The do.ument is well
drawn up, and g ves some hard knocks to the real
estate capitalists, with a reply to the cry of the
labor market being overstocked by foreign emi
grants. We publish the "Review" to-day.
The Pry Verdict The Press Free
Atte? All.
At length we are permitted to congratulate
ibe public on the reversal of the scandalous
verdict rendered a few months ago in the case
of Fry vs. Bennett. Yesterday morning, the
proceedings of th-i court below were fully re
viewed by the six Judges, who unanimously de
cided, on the very first point raised by the
defendant, that the verdict of the jury was bad>
and that a oew trial mu-t be granted. Very
few people, we imagine, will be taken by sur
prise by this intelligence. In spite of the silly
attempts of our rivals to justify a decision
which was in reality as injurious to themselves
as to us, the public at large have all along been
fully persuaded that the verdict was an un
righteous one, and that it was as wrong in prin
ciple as it was impolitic in practice to endeavor
to stifle by heavy fines the voice of just criti
cism. It is not necessary at this time to refer
either to the improper agencies or to the obtuse
intellects to which we were originally indebted
for our sentence; they are of record, and will
remain a striking proof of the injury which
?he jury system may be made to wark
For our part, we can afford to treat them with
contempt. The thinking portion of the com
munity loDg since revorsed their folly ; the six
Judges, with a unanimity very seldom wit
nessed, have now reduced it to nullity, and we
shall probably hear no more of the matter.
The plaintiff is at liberty of course to tempt
foitune still further by pouring his sorrows
into the bosom of another jury, in the hopes
that some private enemy of ours may be seated
in the box and may take that opportunity of
gratifying bis spite against us. He may once
lnore hire a licensed slanderer to insult us by
the hour, and earn a few dollars by raking the
gutters for filthy epithets, or lying charges to
burl against the Hkiuld. He may find wit
nesses to swear to order ; we have en emies far
more than enough for such a purpose. But
with all these, with spiteful jurymen, unscru
pulous counsel, improper witnesses, and any
other allies he may choose, he will never get
another verdict against the IIkiiald.
For since the Fry verdict, as it ha? been
called, was rendered, a striking developement
in pnbtlc sentiment has taken place. The pub
lic have been educated on one most important
point, the necessity of upholding the liberty ot
the press. Until the jury in thit case awarded
ten thousand dollars damages against us for cri
ticising an opera, no one had any idea of the dan
ger to which newspapers were exposed in fullll
ing their duty as chronicles of passing events.
Men had a general idea that the law of libel was
a wholesome institut ion, retained iu order to pre
vent journal from destroying a man's charac
ter through tnulice; and rather liked it than oth
erwise. But when it appeared that this same
law of libel could be made to work in such u
way us to involve a newspaper in the necessity
of indemnifying an opera manager for losses
sustained through his own incompetency, sim
ply because the editor had noticed the eviden
ces of that incompetency as they appeared, a
vast change came over the public mind.
The question at issue then took this shape:
Shall the newspapers cease to report and criti
cise theatrical performances, or shall fair re
ports and criticisms be held to constitute no
'ibel? The public could not have decided in
the affirmative to the former proposition with
out stultifying themselves. People must and
will read accounts of what is passing at theatres
as well as elsewhere; and therefore newspapers
must furnish them, and be protected iu doing
so. These ideas have been fermenting in the
mind of every citizen who is liable to serve on
juries ever since the Fry verdict; and long be
fore the judges quashed it unanimously, we had
reason to feel certain, if the case wont a second
time before a jury, that the verdict would be
conformable to juslicc and right.
The chances are that we shall not have an
opportunity of verifying our conviction.
Whether we have or no. the case of Fry vs.
Bennett is destined to be a landmark in the
history of the press iu Amcrica. We are vio
lating no rule when we say that it was noto
rious that the plaintilT in that case was sustain
ed by a large clique ot wealthy men, compris
ing what are vulgarly known as the "codfish
aristocracy," who lavished influence, money
and intrigue in order to cru?h a journal which
had ever been hostile to them as a class, and
unfriendly to their schemes. Backed by
them. Mr. Fry entered the lists against
the I1krau> under peculiarly auspicious
circumstances. Accident favored him in
the choice and deposition of witnc ses;
he had as many as he wanted, and they swore
the things he wanted. The Judge was ? we mean
no reproach? very favorable to the adduction
of evidence. When t'ue case came on, an out
side pressure from our rhals began to be exer
cised on the jury. Finally there were among
them men directly concerned with the plain
tiff's backers, with whom the rendition of a ver
dict against the IIkiialu was a sworn point.
Surely, so singular a combination of happy
accidents was never witnessed before ; no plain
tiff ever came into court under such bright aus
pices. Yet with all these advantages, the net
remit of the whole is that Mr. Fry takee nothing
by his ca?e, ?nd the press is still free.
In England and France the point was de
cided many yean ago in the same way. In
tfct fornix coufitrj where the lair libel has
gone through the process bo much needed for
ours, no manager would be foolish enough to
sue a newspaper for criticising his performances.
In the latter, equal freedom 1b asserted by the
press. Under the cruelest political tyr inny,
when the journals of Paris have not dared even
to mention the names ot political men, they
have lat-hed the theatres with unbridled se
venty, and long long ago the folly of appealing
to the courts for protection against their stric
tures was amply proved. We hope the Fry
case m iy establish the same doctrine for thin
country. The public may rely upon it that a
leading journal may be trusted with power ; it
costs more to use it than gratified spite would
repay.
French Spoliations ? A Veto ? The Presi
dent has prepared aa elaborate veto to the
Freneh Spoliation bill, which was sent to Con
gress yesterday. This was expected. Colouel
Polk vetoed it, and Mr. Pierce belongs to that
fchool of constructionists. At all events, be
desires to appear to the South as strict a con
structionist as Colonel Polk. The Washington
spoilsmen will now be in a bad way. They
havs lost Colt's patent extension and several
others ? the railroad land jobs hang fire ? and
now losing these five millions of spoliations
they feel it very sensibly. Two weelts of
the session, however, still remain, and a vast
amount of pickings and stealings may be secured
in the interval, with sharp management. Let
Colonel Forney muster the lobby aud go to
work.
The New City Charter.
What is doing at Albany with the Corpora
tion bill for a new city charter? Id compari
son with nine- tenths of the measures before the
Legislature, this one possesses paramount im
portance. To the city its passage is essential.
At any moment an emergency may arise, in
which the miserably restricted power of the
Major, and the antagonism engendered be
tween the several executive departments, may
be productive of serious mischief. Only a few
months ago, we were compelled to hare recourse
to the Board of Health ? in an unconstitutional
and roundabout way ? to have the streets
cleaned. A similar embarrassment may recur
at any moment.
The bill now before the committee contains
the germ, and even more ftian a germ of
the law required. It is based at bottom on
sound principle? concentration of power and
responsibilitf . This feature alone covers a
multitude of defects. The appointing and
removing power vested in the Mayor, a degree
of energy and efficiency will be imparted to
the city government which ought to ensure a
faithful observance of tne laws. We have
already seen how much cau be done by an able
and vigorous Mayor ; how mnch more would
have been accomplished had he not been tram
melled by the ridiculous restrictions of the
present charter, establishing an imperium in
imperio, and rendering his right to oversee the
various executive departments a matter of
controversy !
It is the duty of the committee, In our opin
ion, to report the bill on the ground of this fea
ture alouc. But there is no reason why it
should not be made perfect in all particulars.
There can be no one ? but the small class who
are swayed by personal motives of emolument
?who is interested in maiutaiuing the present
system, or in preventing the city from obtain
ing a good government. With a little care and
study, the best plan can easily be discovered
by the committee, and its adoption by the
Legislature can hardly be a matter of question.
Let the members of the former body lay them
selves open to suggestions from every quarter;
let them take the opinions of men who have
had a practical share in carrying out the pre
sent and former charters; let then consult ths
press. We are not aware that any difference of
opinion exists among the leading journals of
Mew York with regard to the necessity for a
change, or with regard to the character of the
government to be substituted for our present
one. With the exception of one or two sheets
avowedly enlisted in defence of the interests of
this one or that one among the present office
holders, all the press of New York unless we
arc much mistaken would support a chartcr
framed on a basis of undivided authority and
undivided responsibility in the Mayor, subject j
of course in matters of appointment to the !
sanction of the Aldermen.
Eusurcd of their support, which implies that I
of the public, the committee need not fliuch i
from a thorough scheme or reform. No earthly j
reason cau be shown, for instance, for retaining '
the Almshouse under its present management, j
or the Board of Education in its present shape, j
Both departments would be far better manag- |
ed by a single commissioner appointed by aud
responsible to ths Mayor. Under the present
system, they are like the House of Lords in
England, which is only Bared from coming into
constant collision with the other branch of the
govcrment by the forbearance aud discretion
of its members. What u system for a free
city! In point of executive efficiency, one
single man is infinitely superior to the best
board in the world. And the possibility of a
recurrence of the altercations which have
already impeded the city government would
be entirely obviated by making both offices de
partments of the city executive, on the same
footing as the commisslonership of streets.
Another reform which might very well be
included in the new bill would be the codifica
tion of the city ordinances. These have now
become so numerous that even the best informed
lawyer !b often at a loss to know what the
law is; and citi/.ens, policemen and others, who
ought to be familiar with iheir tenor cannot
possibly hope to gain even a smattering of
them. Let a section lie introduced into the
new charter providing for the consolidation of
all these various conflicting ordinances into
one municipal statute, which every one can
buy and reud. Nothing has helped tha viola
lators of the laws more than the prevailing
ignorance of their provisions. Nothing would
operate so effectually as a check upon munici
pal officers as a gentr&l acquaintance with the
nature of their duties.
We have no doubt but ether suggestions
will be made in other quarters, and all we ask
is that the committee pay them due attention.
Guided by the one main principle which is the
basis of the bill now before them, they cannot
go far wrong in matters of detail If they will
give a patient hearing to the advice offered
them. This is the more necessary as the city
requires above all things a charter which shall
be finaL Even the mischief produced by the
errors of pact charters has not been so great as
that cau?cd by the continual changes. Let us
have an act which shall last us a generation at
lCMt.
The Grand Stat* Council at Syracuse? A
Peep Inhide ? Exciting Spectacle. ? The letter
which we publish elsewhere iu these columns,
of Hon. Mopes Games, (a Know Nothing mem
ber of our Legislature,) describing his recep
tion as a delegate at the Grand State Council
of tbe Know Nothings, now in session at Syra
cuse, gives us an inside peep into their sanctum
sanctorum, at the most interesting crisis, no
doubt, ot all their proceedings. When called
upon to say tor whom he had voted for United
State? Senator, wo can imagine that his re
spouse of " W. H. Seward," created a ueusa
tiOD. After reading Mr. Eames' account, how
ever, of the scene, the wonder is that he was
not bagged like Morgan, and spirited away to
Niagara Fulls, and thrbwn over in the dark.
Eo got out, got off, and left in the first train,
otherwise, as the fir at martyr to their wr?th, in
sacrificing his life, ne might have sav^d the
country from the terrible grasp of the Know
Nothings. It was another Jerry rescue; but
in this case (he humanity of the rescuiug par
ties, especially Mr. Barker^ is eminently praise
worthy .
Tammany Hall can produce very few remi
niscences transcending this terrible scene in
our Know Nothing Grand State Council. Seri
ously, bad not Mr. Eames escaped, his life
might have been endangered from the
frenzy of his brethren. But we have to say
that if such are the brotherly meeting of
the Know Nothings they must collapsc anil ial>
to pieces. Terrorism is net the thing. Baso
ing in effigy and the hunting down of dssertMrs
from the camp in all the relations of private
life are not the thing. In this country, in this
age, and among this intelligent people, these
elements of party obedience will never answer.
It is to be hoped that the deliberations of this
Syracuse State Council will result in leading
the way to the Americanizing the rules and
regulations, oaths, obligations and penalties of
this new Amerioan party. They have an in
viting prospect before them. The masses of
tbe people, disgusted with the rum and rowdy
influences, and spoils corruptions, of both the
old parties, are disposed to second thU Kuo?v
Nothing movement in a great and wholesome
revolution of reform. Let the Know Nothings
prove themselves worthy of this popular in
clication, in the reformation of their harsh
discipline of dreadful oaths and monstrous in
quisitorial penalties. Let them try a system
of attractions and persuasions, in lieu of terror
ism and organized vengeance, or they cinnot
hold together. Let them deal with each other
as with honorable men, and not as confederate
counterfeiters or midnight robbers, where good
taith involves the alternative of assassination.
The machinery of this American pirty
is new, and grates harshly upon the ear, like
the working of a new and ponderous steam en
gine. But, with good engineering, after run
ning awhile, from friction and a plentiful appli
cation of oil, it will work smoothly and with
out scratching. It becomes the Know No
things, however, to remove tbe defects in the
machine as they are discovered, to file off ex
crescences, and supply deficiencies as they may
be discovered when the steam is on, or there
may be a ruinous explosion. Of all things, let
them beware of rum and rowdyism, aud the fate
of the late whig and democratic parties. Let
them keep cool and temperate, and thus com
mand the respect of the honest and sober
classes of the people; for if they sink into rum
and ruffianism they are destroyed.
Will the Kuow Nothings, as a national party,
hold together till 1856 ? They can if they will.
The popular sympathies of the whole country
are lor a political revolution, &ad a new order
of things. But the issuo will depend upon the
reconstruction of the discipline of the Order.
Terrorism is not the thing. Oil is wanted.
Apply oil.
Whio Pabty Machinery of '48 Disclosed ?
Tuiklow Wkei> Scene Shifter. ? We publish
to-day the speech of Mr. DickUs >n (Seward
man), in our State Senate, on Friday last, ex
planatory of a very important incident in the
Taylor campaign of 1848. Our readers will re
member. that in Aogust of that year quite a
stampede was excited among the whig* iu these
latitudes, especially at Albpny, by the receipt
ot information from Charleston that Gen Tay
lor had accepted a South Carolina nomination,
with Gen. William O. Butler as their candidate
for Vice President, Bntler being the nominee
for this office on the democratic ticket. Old
Zack wan "a whig, but not %n ultra whig," and
so he acccptcd the nominations of all parties,
which added immensely to the interest ot the
campaign, and unquestionably very wuoli in
creased his vote in the election.
But the Seward wire-workers at Albany were
perplexed at the acceptance of this Charleston
nomination, repudiating, as it did. the re gular
whig nominee for Vice President. Mr. Fillmore,
on account of his free Boil antecedents of that
day. It looked as if Old Zack, too, did not
care much for such company. Hcncc the iin
portunce of the Albany meeting, bo success
fully got up and managed by Thurlow Weed
The whole thing was cut out and cooked by
Weed, even to the speakers and the sentiments
they were to utter. He boasts of it. lie de
lightsin exhibiting his skill as a party thimble
rigger, and showing what a mere Hock of
fbeep the whig party has been in follow
ing the lead of thoir cunning old bell-wethers,
who have appropriated all the glory and
pocketed all the spoils. Even in 1818. how
ever, hs it appears, Mr. Fillmore smelt a rat,
and mspected there was treachery in the
tmooth- faced professions of the Albany scene
shifter. Subsequent events have, perhaps, na
tisfltd the ex-rresident that his apprehonsions
were correct. He hail no minagiog consulta
tion with Weed, we dare say, noon the late re
election of Seward to the Senate.
All political parties are managed by secret
caucuses and pipe-layers; ma?w meetings and
processions, hard cider, stump speeches, and
song singing, are but the tubs thrown out to
?muse the whale. With these revelations from
Thurlow Weed, and from what wo know of the
rum and rowdy machinery of both the old de
funct parties, how utterly preposterous it is to
talk of the secret despotism of the Know No
things ! Read Weed's letter.
Doctrine ok the Immaculate Conception ?
The Pope's Apostolical Letter.? We publish
elsewhere, a document of considerable interest
to the religious world -the letters apostolic of
Pope Pius IX., concerning the dogmatic defini
tion of the immaculate conception of the Vir
gin Mary. The effect of this instrument is, as
we have already explained to oar readers, to
render aa indispensable article of the Roman
Catholic faith the doctrine that the Virgin Mary
ws? conceived immaculate, or without original
tia. Itj?0wiwti?t}tpfa9?14bfroffr*lf<*
oar day to witneee the solemn incorporation
into the Romish creed, of a belief which, al
though it has hitherto had an almost general
acceptation amongst its professors, has not
been reckoned amongst its positive canons.
And jet there are none of its articles which the
members of other churches are at hear*, less
disposed to cavil at, or to the assertion of which
Catholicism itself has owed more of its success.
It was to the influence which it exercised on
the ideas aud habits of the early Christians that
we are indebted for the elevation of the female
sex to their proper position in the social scale,
and which the loose notionn of morality incul
cated by the pagan mythologies had prevented
them until then from attaining. As a measure
of ecclesiastical policy, thid step of the Rotnau
Pontiff is opportunely conceived. At a time
when religious indifference is fast seiziug hold
of men's minds, and when the poetical is rapid
ly becoming absorbed into the material, we
cannot but acknowledge the sagacity which,
under the form of a solemn tribute to the vir
tues of 'he Mother of God, takes the opportu
nity of reminding the world, how much civili
zation is indebted to this particular doctrine of
the Romish church.
Sknatokh Bbfoiuc tub Footlights. ? It is a
singular fact that the up town opera house bin
never bten full but once, and that great audi
ence was drawn by a new star ? the Sou Thos.
Bart Benton, of Missouri ? who delivered a lec
ture ou the Pacific Railroad. To-morrow,
Niblo's theatre, the central opera house, will
probably be filled by another great crowd, as
the Hon. Sam Houston will deliver a lecture
on the manners and customs of the American
Indians, part of which he is, and all of which he
has seen. ( We predict for "Sum" a great house,
and for the managers of the lecture ou this occa
sion a more substantial pecuniary return thau
usually falls to the lot of such worthy persons
generally.
THE LATEST NEWS.
BY MAGNETIC AND PRINTING TELEGRAPHS.
Latest from ?Iie State Capitol.
UB BIl.L ? HAllBOIl KNCKOACUJiUVTS ? THE
VSTAL FALACE HABUT- ANTI-SLAVERY K*iO
10NS? THh MILITIA BILL? TUB OBSERVANCE
01 TUK SABBATH BY JEWS AND GENTILES -AD
DITIONAL HAKBOB MASTERS ? ELECTION OF CHIEF
OF fOlICl ? FHKD. DOUGLASS' LECTURE, ETC.
Albany, Feb. 17, 1845.
The discussion on tbe Census bill was reiumed, the
question being on the amendment pending, giving tbe
power of appointing marshal* in each election district to
tbe Secretary of 8Ute, instead of to certain lecal officers,
as reported in the bill. The object of makinj the altera
tion la purely political, and the party In power, if they
can give a trifling patronage to it* friondu, are in duty
bound to do it. Hence the justice in aUowing Mr. Secre
tary Leavenworth to station offlcetaoUer* in every elec
tlon district at the public expense, to take especial care
of " Sam' ' at the next election. The committee adopted
the substitute? eleven to ten? but there is some doubt
whether seventeen vote* can bs obtained for the altera
tion on iti third reading.
The bill authorising the Governor to appoint commis
sioners to examine New York harbor encroachments was
passed in the Senate thki morning.
Mr. Brooks Intends to introduce a bill to incorporate
the "Crystal Palace Market Aawjlation." What kLud
oi a market ?
The bill directing the ferry companies in the city of
New York to place life -preserving gates at the ferry
bridges wa? reported against in the Senate this morning.
The Committee of Cammerce thinking, probably, that If
people will look before they leap no lives will be lost at
the ferr ea _ .
Mr. Stuyvesant, of the House, introduced a resnlu
t'on instructing members ot Congress to proeuve the
restoration of the Missouri Compromise line, and ir that
cannot be done, then to endeavor to procure tho repeal
of the fugiUve at*. Laid over.
Mr. Wa.erbury offered a resolution ^permitting the
Continen al uniform companies of tbe city of Albany to
lire the Assembly Chamber on the afternoon of the
instant, for the purpose "f hearing an address from one
ol the State Senators. Some of the member* thought
they saw ''Sara" in the resolution, and made some in
quiry. Mr. Rhodes replied that lie supposed t' e who'e
Chamber would be filled by "fam," and he desired to
notify member* acco-Uingly. Mr. O'Kei'fe . d the
Chamber had born granted to tbe tempe:ann? iu?n, the
agricultural men, and the Fred. Douglaas men. aud he
hoped the application now pending to admit otuer dis
tinguished gentlemen would be unanimously grauted,
whieb was done. .....
lhere is quite a fe?lin* in relation to the new militia
bill introduced hy Major Cocku. Yo*terdey, in . the
House, while the Clerk was proceeding with its third
reading? there navluf betn not the loast opp isition to
it? Mr Coleman suddenly rose and moved that the fur
ther reading of the bill be dispensed with, as a tele
yruphic communication was ju?t put In his U?n<ls fiom
Sew York, desiring that the bill be delayed uu:il a re
monstrance vtull be preaented. The House refused to
lay the bilVaside The Clem tben read a sect on or si
lurther, when Mr. Blatchford roe and mi l- a-io-her
mi p- nl to the House to impend the rea'Lng o.' the bi.I.
lie was successful. This morning. Mr. Onlemao presented
u remonstrance from General Bandford and a lew oth< r
officers. The objections t'.iey urge are very weak, and if
others more Riibitaulial a'e r.ot presented, t^e bill ?ill
undoubtedly pass. The bill contains a provision which
compels tne Major General snd the Dricadier to liutruet
their commands In tleli e-terclse. To this those gentle
men object; and it is thought that their opposition to
the bill has "this extent, no more."
The Hon. Nicholas Seagrisl, who represent* the law
and orderly citizens of Blooimngdale and vicinity with
marked ability In the H"u?? or Assembly? bavin* the
iTfate?i respect for the morals not only of his osrn di
rect constituents, but also the jieonle of trie entirw
county of New York? has determined to introduce a bill
into the House to accomplish his benevolent purposes
The title of hi* bill read- thus: "An act lor the belter
obi ervance of tbe Christian, .lewish, and other SabbaMi
davs.'' The preamble i* a* follows: ?
Whereas it has been sscertaincd, beyond all manner
of doubt, that the present statutes of th'S State uo not
prr.vide sufficiently strong penalties to compel the rich
and th<- upper clsstes ?,f soc-ely to l.eep the Sabbath "lay
holy, or to keep inviolate that commandment of the
irreat U> Giver. which salth, "In It thou shalt do no
manr.er of work; thou, nor thy son. nor thy daughter,
thy man servant, nor thy maid servant, neu-ier
th? stranger, nor the cattle that U within thy
Kates." Auu whereas the a'uove law is vmlat.d
with impunity by all thai class of persnt s who keep
horses nut carriages, and men and women servan * as
helps; and ?herea> it is *1-0 violate! with Impunity in
the cities of New York, Brooklyn. Buffalo and Albiny,
hy the proprietors, editors, reporter*, printer*, press
men, and o'her employee* ol the daily newspapers, ant. hv
various o'Ler perwns, by printing for publication. reading
and circulating on the Stroud day of the week, called lion
?lay. such papers, or extras on the morning or that
day; and whereas, there U a class of very wealthy arid
honest cltuens. acown as .l?w*, who proless a dl#erent
religion from 1he majority of the people called christians.
It is therefore enacted by the legislative authority of
tnis State that the seventh day, or naturdaj, shall bs the
^a^bath of the Jews, or the descendants of the twelve
tribes of Israel. That the first day of the week, called
Sunday stall lie the Sabbath day of all persons, male
or female, who proles* lo follow the chrl-tinn religion, or
faith, no matter of what sect they sha'l be and they
shall keep tlie day holy, and do no manner of wur* ,
theeron, or employ others.
There ure otii? r provMons in the bill, going into detail,
designating the particular manner in which tl?* law I
i shall be enforced. Mr. Seagrist will Introduce bis bill
in the course of a few day* It is remarked that this
mesiurr has been introduced in con-equeoce 'if a recant
decisiou relative to tbe collection ol debts due Sunday
newspaper!.
Mr Cob man introduced a bill increasing ths nara>r
of New Yoik harbor masters. It Is proposed to Increase
the number to seventeen? fifteen for New York and two
for Brooklyn? to hold for two years. Till* increase l?
well for two reasons, to ir.aae six more places for the
hundred snd Bfty applicants, and to render the duties
much easier than at pte-ent.
Mr Waterbury introduced a bill to provide for tne
election of Chief of Police of the city of S'e? J.orl1
The House have agreed to visit tho clt> of New Yor*,
upon the invitation of the len Governors, on tl.e '^ita
instnLt T>eSerate has not yet assigned any day, Dut
that body wiU, in all probability, agree npin the .lay
named by the House, fhe Governors may, therefore,
prepare lor showing the snld gentlen-en the vanoas in
stitution* under their charge. |..t
The Assmbly Chamber was Oiled to
evening, v.ith an au.ileuce assembled toltatratarred.
Itou|lass, the colore, orator^ The Speaker -ed
bis subject U. bo the "RighU of Man. Md ln the conr^
of hi* r?ni?rks U?k an extensive range, i?^ln*th"
rights of bis own African countrymen. It was 1 1 reboar
snl of the hai-artue fre<|iiently reciMi* by Fred. duri>ig
tbe last half a doien years. (wnU'nlngnisnytr.ithsan.l
snenual number of Inaccuracies, lfcing n?w to rrvany
of tlm abolition mem' ers of the legislature, and aUo ?o
majAuy M tb? a L-cc ?>e was fre.ue.tly applaud
eti, especially when be gave bis account of tb' Wrors
of tonthern sUvery. .All acknowledged that the
? neaker nossessed talents superior to molt negroes. He
spoke neMl^tbree hours, and was quietly and respect
fiHly listened to throughout. Very few of bit colored
lT TeonTtrtTirp'riton in thit Hty, John H rhM^s, nolw
si .?ssss*
b> Governor CWrk. Ye-terooy tk? 4 sy
c4 Ivi Ut W??U?, M f*> UfFl w,n
making to induce a judge of tha Supreme Court to mit ?
an application for a new trial, but down to a late nour '
yeiterriay morning, the Sheriff had received no oounter- ]
manding order from tha Governor. Preparation* were, I
therefore, made for the execution. Ilia military were >
?tattooed in front of tha prlitn a* a guard, and large
number* of person* had assembled in the *treet*. Th?
gallow* wai ? rac'.ed, the uaual Jury summoned, the clvir
police, count* officer*, reporter* of tha pre**, and a 1
hundred or two other persona, were in attendance to
witnef* the execution. The Sheriff and hia deputiea had
everything ready, the culprit wan about being led from
hia cell, when Mr 8pring*t?ad, the Governor'* messen-..
?er, rim? rushing through the crowd and delivered tc*
he Sheriff a further respite from the Governor.
From Baltimore.
MARINE DI8AHTBK8 ? M1RUT8, ITO.
Daltiuori, Feb. 17, 18H.
We bare report* of *ever*l marine diaaater* from Nor
folk. Schooner Elizabeth Jane, from Norfolk, loaded
with corn, i* ashore off Cape Henlopen, and i* supposed
(?he will be got off with partial los* of cargo. Schoonei
Black Monster, from Norfolk, with corn, waa picked up
at i-ca, with loa* of. sails snd a row front-bitten. Cargc
much damaged. Schooner Allen, from Rockland, Me,,
la ashore sou h of Cape Henry. Schooner Harriet New
el,fr<m Halifax for Kichmond, put into Norfolk with
lour of mast* and leaking. AUo put in xchooner Monu
mint, from Gonaives, leaking ? lost dcck load.
Sales to dav ot 3.000 bain lUo coffee, at i'3{c. a 10!?a.,
which i* an advance of a quarter.
New Orleans papers of Sunday, and from other poiotc
an late ah due, are received.
Injur lea to tlie Eastern Railroad* by tlw
Prcilitl, Ac.
Boston, Feb. 17, 1855.
The railroads have suffered considerably from the
fretl-et. There i* a break in the Kaaex road at North
Andover, of two hundred feet long and twenty feet doep,
Passengers ara conveyed round in itagea. The Ixiwell
and lawrenca road will be impaaiable for soma day*.
The Itonton and Maine road I* badly damaged at Haver
hill, a small bridge having been *w*pt away, over which
It cro**ed
The weather continue* foggy and dlragreeabie.
navigation Resumed on the Ohio River.
1/OCtKVii.LX, Feb. 17, 1855.
Navigation on the lower Ohio baa been resumed, anc
boat* are leaving for Ne? Orleans. Mall packet* henci
for Cincinnati resumed their trip* to day.
PmSBCRO, Feb. 17, 18C6.
There 1* nine feet water in the ohannel and rapidlj
tiling. Navigation will he returned on Monday.
The Weather.
Boston, Feb. 17. ? Hair storm commenced th'a after,
noon, fog continue* thick and weather altogether, the
rnoct (Hsagreeanle of the season. No news.
Brnuixo, 17. ? Weather comfortably cool. Slight fal
of *nnw.
Pktihiit, 17 ?Weather mild and cloudy. Thawed con
?iderably.
Ci.kvm.axd, 17.? Weather mild and clear. Snow nearlj
gone.
SaM)1>ky, 17.? Clear and ch Uy. 30 degree* above.
Markets.
Nkw Ohi.ka.vh, Feb. 10, 1855.
Our cotton market I* rather easier, but quotatioA^an
unaltered. The sale* to-day were 4,500 bale* ; and foi
the week they foot up 25,000 bale*. The stock on hani
is 179.000 bales, and the receipt* thu* far at this por
are 21,000 bales In exceu of laat year. Sugar ha* ad
vanced },'c. ; fair 1* selling at 3Jfc. a 4c. Ohio flour ii
quoted at $10 a 110 12 k . The salei of Rio coffee durlnt
the weea amounted to 17,000 hag*, at 7?c. a 8>?c.
AFFAIRS AT THE NATIONAL CAPITAL.
EXTENSION OF CREDIT ON RAILROAD IRON
Faasage of Hail Steamer Appropriatioi
Bill in the House.
VETO OF THE FRENCH SPOLIATION BILL
THE PRESIDENT'S VETO MESSAGE.
\ ?
State Rights and Emigration ?a?f
&c., die., ?ftc.
rHlBTT-THlKD CORCOUMIi
?BOONS HKH8IOM.
Senate.
WAsmsaTOX, Feb. 17, 1855.
rrrmoNS.
Mr. Shikidr, (dem.) of ni , presented the initruction
be bud received from the Illinois legislature to oppos
the ei'en*ion of patent* to McCormick'a and all otbe
respirg m?chine*.
Mr. Clayton, (whig) of Del., presented a petition fror
the citizens of Philadelphia for a icommodationa for tb
United Mate* courtH and post office In that city.
Mr. Brodukad, (dem.) of Pa., presented a petitio:
from the citizen* of Philadelphia designating the losalit
for the aboTP court* and post office*.
FIIOTSCTIOR FOR UOVKRNIICCT OmCKV,
Mr. Toicky, (dem.) cf Conn., from the Judiciary
mittee, introduced a bill to protect officer* and other
acting under authority of the United State*.
IStFKOYKMh.Vl' OF LAKK HARBORS.
Mr. Stuart, (dem.) of Mich., opposed the bill makini
approptlationa for improvement* of the harbors in tJ
Northern lakes.
RKVKNIB CVTTRRS.
Mr H \ vi.iif, (dem.) of Me., from the Committee 01
Commerce, reported a bill authorizing the Secretary o
the 1 re*!- ury to sell certain revenue cutter* and pur
chase o'btr*.
FOLDIKR8 ' FKN810N*.
Mr. Joxee, (dem.) of Iowa, reported a bill allowin
officer* uu I toldiers of the revolution who** pension
are less th.-.n one hundred dollar*, to have that amoun
hereafter.
M> H/ixi in witbed the bill to be laid over to Monday
in order to provide by amendment similarly for th
widows of th? deceased officer* and aoldier*.
A.Vri-Kl.AVUtY 1-KTITlON*.
Mr. Sixxhp, (free soil) of Ma**., presented a memo rut
fi'un citicen* of Woice?ter, Massachusetts again*
the ad ii Ission of more slave states; also, one fror
clttzm* <>t Philadelphia, lor the repeal of the Fugitiv
Slave act.
IOWFK OF FTATKS TO KXGtTLATK RMHSRATlo.V.
Mr. JoBtx, (whig) of Tenn., offered a resolution ,
which says that the power to regulate emigration neve
l.aving teen delepateit to Colore**, the government* o
tb ? 'Hi Mates alliicUd with au influx of foreigoer* po*a?M
the sole power to make laws regulating their admiasioi
or excluRirn
imm*H roucr ik ambkjca.
Mr. Capo, (dem ) of Midi , cave notice that on M<m
dm nesi lie should take notice ef the word* attribute*
to Ix)?d C ii ctidnu relative to th<- Transatlantic policy t<
be pursued hy the English government, with referent
to aftairs upon tk(* continent.
tmc i.wamii nmnoif bill
was taken np, on motion of Mr. Gwi!*, (dem. ) of Cal.
and portpom >1 'o Monday.
TliK FACinC RAILROAD
wa.. then tul ?-u op, but It *o* also poatponed to Monday
OlilDITOIl RAILROAD IKON M'TIKS.
The hill extending tb* credit oa railroad Iron wa* tbei
taki n op.
Mr. ( i i rt R, (whig) of Pn . regretted that ?uch a mea
ture should he pressed at thia time, and at thi* stage o
the sen. Ion. lie depicted the *mbarraa*m*ots und?
wbicb the iron trade wa* (uttering, and appealed to tU
S-iiat* to reject tht* biH, which h? thought wst?ld occa f
*i< n a further depression la that branch of industry.
Me.sr* i I'M'head, llauiliu, ? lay, I)aw*on. lUyard
Tliom|kob ol ky., and Hush tcok part la the debate oi ,
? ul>mit?iijg no nuiebdn ent to *n amendment, wberel, '
ruiiioad <oti,;nnlis availing themselve* of the thr.' ,
ysnrs' crertit extended bv the bill, are required to giv |
flood 'ecunty to tb' Collector of the place of import* I
tion !<?? tb? | ?yfrei,t of tin- uutien at maturity, when ,
ever the solv.n y of the o-mpsnie* I* doubted by aacl i
( o lfcto- nn<' further inquiring such companies is am ?
th> U1M ?es of the benefit <?l the act, to file an obhgatioi j
to carry I'ui'ed States m*H? at price* stipulated by the go
m i i ni< n! ? we Ixllrve within the sua) of $:!0" fer rniH'
Agrreo 1 - \en< ???, n*y* ~ .^nd during the further di*
ru>*ion of the btll a* attended, tb* Senate adjourned.
Home of Krprcaentntlvea.
WAsniwaro*, Feb. 17, IMS. J
VKTO OF THE FRKJrCH * POIJ lTIO.V HILL? THE OOLL1XM BTKAN j
? II. W, ITC.
lb* House proceeded to the consideration of the Oeeai ]
Mall Ffennier Appropriation bill The aaundmen'. of Mr ]
Olds, ollsred on Wednt*d*y la-t, wa* a<lopted ysas 100 I
nay* 83.
At this point a message was received from the Presl Jj
?lent of the United States informing the Hoase of hi* vev. ,
of the French Kf oliatinn hill. It created Mm* sensation
Mr <M'H Idem.) of H C, pr .|^?sed that the mes.ag
Ih* r? ad and printe<l. and consideioA oa Moaday, at on i
?'cloak.
Mr Hatit. (dem.) of Va.. si.ggeeted Tuesday next.
Mr. HayCC, (whig) Of K Y., without mean'ag an
disrespect to the Prtrdeat, Inasmuch a* time was pr?
clous suirgested that the reading of the aiessage be die
pensed with. I
Foisterou* cries followed?" No"?" Head"?" Read,
and g'eat confusion.
Point* of ordt-r were then raised, that the bill i>eadin
must be dispo?ed of before the me**ag* could be a<-U ,
on. Ihl* wa* acquiesced la,
Another amendment wa* thea adopted, appropriate
for tbe ocean service this year, the bill for that purpos
bavins tailed last *caaion.
The kill va* then ya*eed by a vote of 91 a?e>n*? 12
th* nuniiiTr'a vho ii?
The HrtARaa laid before the Howao a saesaag*. *?'.{
oorapied three fonrtb* of aa boor la reading The Pre
sideat in rsturniag thalrenrh SpoiUtloa bill, refer* t I
hi* detiee uader the cooctitaUoa. It U Ml mesa>b*a
^0 to *%? a Mil m ? matter of m , t ao< Iki