Newspaper Page Text
THE WUEUV NATIONAL INTELLIGE\CUK.
The sab?cription price of this paper fjr a year is Three Dwllabs, payable ia advance. For the long Sesaious of Congress, (averaging eight montha,) the prioe wilY be Two Dollars; for the short Sessions Osn Dollar p*r oopy. A reduction of 20 per c?nt. (one-fifth of the full chargc) will be made to any one who shall order and pay for, at ene time, five copies of the Weekly paper; and a like re duction of 25 per cent, (or o.ifc-fourth of the full charge) to any one who will order and ay fur, at one time, ten or more copies. No accounts being kept for thu paper, it will not be fur warded to any one unless paid for in advance, nor sent any longer than the time for which it is ?o paid. NAT10NAL INTELLIGENCE^ INTERESTING SLAVE GASE. The case of Cecil Oliver and othors against Danjkl Kauffmak and others, whii-h bus been pending for some time past in the United States Oirouit Court in Philadelphia, has resjlted in a ver dict of $2,800 damages against K&utfman, and the auffo-luol rn the "rtior defendants. Tbc action was brought under the provisions of the act of Congress of 171)3, to recover damages for liarboring andoon cealing thirteen flaves who had escaped iuto Penn sylvania from the custody of their owners, the plaintiffs, who reside in Maryland. We copy the subjoined report of the case from the Philadelphia Bulletin: Ukiteu States Ciucpit Cocrt?Before Judges Cana and Kaxe. Cecil Oliver et al,, by their next friend, Eli Stake, vs. D/iniel Kauffman, Stephen Wakefield, and Philip Breek hill.?Action on the case for harboring and secreting slaves. This case was argued by Messrs. II. M. Watts and C. B. Penrose lot the plaintiffs, and by Messrs. W. B. lteed and D. P. Brown for the defendants. Several d.iys were occupied by the trial, and the facts relating to the ownership, escape of the thirteen slaves into Pennsylvania, and the harboring and concealment of them by the defendants, so as to elude the pursuit of their mistresses, were deeply interesting. Several important prinoiples of constitutional law origi nated, and were very ably aud impressively argued on both sides. 1. Whether the Constitution of the Uuited States afford ed a remedy, independently of the act of 17'J3. 2. Whether the saving clause in the act of 1790, giving a remedy, was repealed by the acj of 1850. (The fugitive Blave law.) 3. As to the effect, under the statutes of Pennsylvania, of a voluntary transit of the owner with the slaves over the territory of Pennsylvania to Maryland, upon their freedom. 4. Whether the statute of Maryland, showing the "statin " of the slaves there before their escape, was not conclusive of the right of the plaintiff to their labor and services, and to iustilute and maintain tlmr suit in the Courts of the United States in Pennsylvania. In the course of the argument allusion was made, on both sides, to the late trials in the same Court, for trcafon, arising out of the riot and homicide at Christiana ; and the Report of the Attorney General of Maryland, .made to the Executive of that State, and the action of tile Governor thereupon, were deprecated as injurious to the purity, in telligence, aud high character of our Pennsylvania courts and juries, and'tending to occasion irritation aud rescut meut on the part of the citizens. These several topics are very learnedly discussed, and the law established by Mr. J ustioe Grier, in the following i charge to the jury. After stating the case and giving an abstract of the pleadings, his honor proceeded : CHARGE TO THE JURY, lu performance of jour duty on tliis subj<-<jt, it will be proper that you suffer no prejudice to affect your minds, either for or against either of the parties to this suit. The odium attached to the name of ?? abolitionist" (whether justly or unjustly, it matters not) should not be suffered to supply any want of proof of the guilty par ticipation of the defendants in the offence charged, even if the testimony in the case should satisfy you that the defendants entertained the sentiments avowed by the class J of persons designated by that name. The defendants are j on trial for their acts, not for their opinions. Beware, also, I that the occasional insofence and violent denunciation of | the South be not permitted to prejudice your minds against the just rights guarantied to them by the consti tution and laws of the Union. An unfortunate occur rence has taken place since the former trial of this case, which, as it is a matter of public history, and as such has been introduced into the argument of this case, it becomes, the unplesant duty of the Court to notice in connexion with this portion of our remarks. A worthy citizen of Maryland, in attempting to recapture a fugitive, was basely murdered by a mob of negroes on the southern borders of our State. That such an occurrencc should have excited a deep feeling of resentment in the people of that State, was no more than might have justly been ex pected. That this outrage was the legitimate result of the seditious and treasonable doctrine* diligently taught by a few vagrant and insane fanatics may be admitted. But by the great body of the people of Pennsylvania the occurrence was sincerely regretted, n^d an anxious de sire was entertained that the perpetrators of this murder should be brought to condign punishment. Measures were taken, even at the expense of sending a large con stabulary and military force into the neighborhood, to ar rest every person, black and white, on whom rested the least suspicion of participation in the offence. A large number of bills of indictment werefound against the per sons arrested for high treason, and one of them was tried ' in this Court. The trial was conducted by the Attorney General of the State of Maryland; and, although it was abundantly evident that a riot and murder had been com mitted by some persons, the prosecution wholly failed in proving the defendant, on trial, guilty of the crime of treason with which he was charged. Bat, however much it was to be regretted that the perpetrators of this gross offenoe could uot be brought to punishment, the Court and jury oould not condemn, without proof, any indivi dual to appease the justly offended feelings of the people of Maryland. Unfortunately, a different opinion with re gard to our duty in this matter seems to have been en tertained by persons holding high official stations in that State; and certain official statements have been publish ed, reflecting injuriously upon the people of Pennsylvania and this Court, which have tended to excite feelings of resentment, and to keep up a border feud, which, if suf fered to have effect in our Courts, or in the jury-box, may tend to prejudice the just rights of the people of Mary land and of the plaintiffs in this case. Thqse offensive documents, I have reason to believe, are neither a correct exhibition of the good sense and feelings of the people of that State, nor of the legal knowledge and oapacity of its learned and eminent bar. It would do them great wrong to suppose them incapable of understanding the legal proceedings which have been made the subject of so much reprehension, or capable of misrepresenting them. It is your duty to treat with utter disregard ignorant and ma licious vituperation of fanatics and demagogues, whether it come from North or South, and give to the respective parties such promotion of their respective rights as the constitution and the laws of our country secure to them. I hare urged these considerations on your attention more at length, because they have been the subject of much comment by counsel. The foundation of the legfcl rights now asserted on be half of the plaintiffs Is found in the constitution of the United States. The provision of the constitution (Art. 4th, sec. 8d) is as follows: '? No person held to service or labor In one State under the Uwh thereof, escaping into another, .hall, in consequence of My law or regulation thereof, be discharged from *urh labor or service, but shall bo delivered up on claim of the party to whom such service or labor may be due." It (foci ares also, art. 0 sec. 2: "Tiat this constitution, and the laws of tho United States made in pursuance theroof, shsll be tho supremo law of the land, a.nd the judges of every State thall be bound thereby, ?ny thing in the constitution or laws of any State to the con trary notwithstanding." By virtu* of this clause of the constitution the master might have pursued and arrested his fugitive slave in another 8tate ; he might use as much fr rco as was neces sary for his reclamation ; he might bind and secure him so as to prevent a seconl erenpe. Hut as the exert iso of such a power, without some evidence of legal authority, might lead to oppression and outrage, and the master, In th? exercise of his legal rights, might be obstruoted and hindered, it became necessary for Congress to establish some mode by which the muster might have the form and support of legal process, aud persons guilty of improper interference with his rights might be punished. For this purpose the act of Congress of 12th February, I7'J3, was 1>aased. 13y the third section of this act the master ?r lis agent is empowered to seize and arrest the fugitive und take him before a judge or magistrate, and, having proof of his ownership, obtain a ceitificate, which should serve as a legal warrant for removing a fugitive. The fourth section describes four different offences: 1 st, knowingly and wilfully obstructing the claimant in seiz ing or arresting the fugitive; 2d, rescuing the fugitive when so arrested; 8d, harboring; 4th, concealing sucli person alter notice that he is a fugitive from labor. Under this statute you will observe that a penalty of five hundred dollars is incurred for harboring or conceal ing a fugitive, which thjj party injured may recover; but the present action is n6t for this penalty. In this suit, the plaintiff is only entitled to recover the damages he has actually sustained by?the acts of the defendants. You will first determine whether the proof, under the princi ples here laid down, entitles the plaintiffs to recover. Aud if they be so entitled, you will then have to consider the amount of damages. In order to entitle the plaintiffs to your verdict, they must have proved to your satisfaction? 1. That the slaves or persons held to labor, mentioned in the declaration, or some.of them, were by tho luws of Mn}luu<l the property of th? ; or, m the statute expresses it, that their labor and services were due to the plaintiffs for life or a term of yeurn. 2. That these persons so held to labor escapcd to the State of Pennsylvania. 3. That the defendants, or some of them, aware of these facts (having notice or knowledge that the persons harbored or concealed were fugitives from labor) did harbor or conceal them, contrary to the true intent and meaning of the statute. 4. And if you find these facts in favor of the plaintiffs, the amount of the damage, injury, or loss sustained by the pluintifts in consequence of such harboring aud con cealing. On the first two points there is no contradictory testi mony. But, while the escape of the twelve negroes lias r not been disputed, the defendants' counsel contend that the facts as proved do not show thut the fugitives were slaves, or the property <?!" the plaintiffs, but, on the con trary, that they were free. It has not been disputed that the fugitives were the property of Shadrach S. Oliver, at the time of his death in Arkansas. By the laws of that State the widow has a right to a third of them, if treated either as real or per sonal estate. But, however Jhe law might divide them, the widow and children, as entitled to the succession, after the payment of debts, could, by any fainilj'arrange ment, settlement, or understanding, divide the property at their own discretion, and third persons would have no right to dispute its validity. Slaves, though for some purposes treated as real property, are chattels, and, like other chattels, may pass by delivery, without any formal bill uf sale. Possession of them is therefore j>rima facie evidence of title. It has been contended that these slaves became free by the act of the plaintiffs, in voluntarily bringing them into the State of Pennsylvania. This question depends upon the law of Maryland, nnd not of Pennsylvania. This court cannot go behind the status of these people where they escaped. We know of no law or decision of the courts of Maryland whicli treats a slave as.liberated who lias been conducted by his master along the national road through the State of Penn sylvania. On this subject Lord Mansfield has said some very pretty things, (in the case of Somerset,) which arc often quoted as principles of the common law. But they will perhaps be found, by examination of later cases, to be classed with rhetorical flourishes rather than legal dogmas. Since the former trial of this case the point has been decided in the Supreme Court, as I think. But, how ever that may be, the point is ruled in favor of the plain tiffs for the purposes of the present case, as we desire to have your verdict on the facts of the cuse, which are so much contested. The great question, then, to which your attenticn will be directed is, whether the defendants, or any one of them, are guilty of harboring or concealing the fugitives as laid in th? declaration. Whether the plaintiffs could have sustained an action on the case on the mere guaranty of their rights an con tained in the constitution, we need not inquire. The ac tion has been instituted with reference to the terms used in the act of Congress of 17D3. The fine inflicted by that act can be no longer recovered, because the act of 1&30, having changed the penalty, has thereby repealed the act of 170" to the extent to which it has been thus supplied. Bnt the statute, so far as it gave an action on the case for harboring and concealing, has not been supplied or repealed. As to the nature of the harboring and concealing, (which is the substance of the complaint in this case,) and which would subject the defendants to liability in this form of action, I shall repent the observations made on a former occasion. 1st. What is meant by "notice;" and, 2 <4 what consti tutes harboring. On the first point the court lias been relieved from much difficulty, by a late case tried before Mr. Justice McLean in Ohio, and -which has been affirmed iu the Su preme Court of the United States. (See Vansandt vi. Jones, 2d McLean; nnd same case, 6th Howard, 21G.) In that case it was decided that the word " notice," as used in this not, means knowledge ; that it is not neces sary that a specific, written, printed, or verbal notice from the owner be brought home to the defendant, but that it is suffioient if the evidence show that he knew the person he harbored or concealed was a fugitive from labor. The word harbor is defined by lexicographers by the words to entertain, to shelter, to secure, to secrete. It evidently has various shades of meaning, not exactly ex pressed by any synonyme. It has been defined in Kou vier's Law Dictionary " to receive clandestinely, and without lawful authority, a person, for the purpose of concealing him, so that another, having the right to the lawful custody of such person, shall be deprived of the same." This definition is qnoted in the opinion of the court as delivered by Mr. Justicc Woodbury, in Jones r*. Vanxandt, 5 Howard, 227. But, though the word may be used in the complex meaning there given to it, it does not follow that all these conditions are necessary elements in its definition. Receiring and entertaining a person clandestinely, and for the purpose of concealment, ipay well be called harboring, as the word is sometimes used. Yet one may harbor without concealing. He may afford entertainment, lodging, and shelter to vagabonds, gam blers, and thieves, without the purpose or attempt at con cealment, and it may be correctly affirmed of'him that he harbors them. The act of Congress, by using the terms "harbor,or conceal," evidently assumed that the terms were not synonymous, and that there might be a harboring with out concealment. The act seems to be drawn with great care and accuracy, and bears no marks of that slovenly diction which sometimes characterizes acts of Assembly, where numerous synonymes are heaped together, and . words are multiplied only to increase confusion and ob- | scurity. But neither in legal w>e nor in common parlance is f the word harbor precisely defined by the word? entertain or I shelter. It implies, impropriety in the conduct of the person giving the entertainment or shelter, in consequence of some imputation on the character of the person who | receives it. An innkeeper is said to entertain travellers and strangers, not to.harbor them ; but may be accused of i harhoring vagabonds, deserters, fugitives, or thieves : per sons whom he ought not to entertain. It is too plain for argument that this act docs not In- j tend to make common charity a crime, or treat that man as guilty of an offence against his neighbor who merely furnishes food, lodging, or raiment to the hungry, weary, or naked wanderer, though he be an apprentice or a slave. On the contrary, it contemplates not only an es cape of the slave, but the intention of the master to re claim him. It points out the mode in which this recla mation is to be made, and it is for an unlawful interfe rence or hindrance of this right of reclamation, secured to the master by the constitution and laws, that this ac tion is given. The harboring made criminal by tj>is act, then, re quires some other ingredient besides a mere kindness or charity rendered to the fugitive. The intention or pur pose which accompanies the net must be to encourage the fugitive in his desertion of his master to further his escape and impede and frustrate his reclamation. " This act must evince an intention to elude the vigilance of the master, and be calculated to obtain the object." (2 McLean. ) This vin/a mem, or fraudulent intent required by the act to constitute illegal harboring, ia not to he measured by the religious or political notions of the accused on the correctness or perversion of his moral perceptions. Some men may conceive it a religious duty to break tho law. but the law will not receive this as an excuse. If tho defendant was connected with any society or as sociation for the purpose of assisting fugitives from other States to escape from their master*, and in pursuance of such a scheme afforded this shelter and protection to the fugitive in question, he would be legally liable to the penalty of this act, however much his conscience or that of his associates might approve of his conduct. The difference between the action for the penalty and the action on the case is this: The defendants might be liable for the penalty, if they illegally harbored and con cealed the fugitives, even though the master may have afterwards reclaimed them. But, in an action on the case for damages, the plnintitf must show that the slaves were lost to him through the illegal interference of the defendants, or that some other appreciable loss, injury, or damage was suffered by him in consequence thereof. In the first case he would re cover the whole value of the slaves as damages; iu the latter, only to the amount of actual damage which he shows he has suffered. If the owner of the fugitives does not think fit to pursue, in order to reclaim them, lie caimot complain that those who have merely harbored them after their escape have injured him, unless he connect such persons with the original escape of the slaves, and show that they seduced the slave*, and helped them to escape from the pdfesession of their master, if the master had entirely abandoned the pursuit of his slaves and given up all attempts to re claim them, before interference of the defendants, tin whole value of the slaves could hardly be claimed as the measure of his damages, as their loss could not be then imputed to their harboring. But if the owner or his agent, pursuing the fugitives for the porpose of reclamation, should trace them to the premises or a certain individual, and could trace them 110 further, because they had been harbored and concealed and carried away secretly, by night, and delivered to another, who continued the same process, and the pursuit of the claimant wats thus baffled, no one of those indivi duals thus interfering could be suffered to allege that /<? interference did not cause the loss of the fugitives, or that their value was not a proper measure of damages iu an action for such harborinjr. If a number of persons com biae together to commit a trespasss or wrong, they are ! liable to damages to the extent of the whole injury. The : injured party may reeovcr judgment for the whole damage ' against each, and elect de melicoribui domnu, as he can have but one compensation. And where a number of per sons are sued for a joint trespass or tort, and the plaintiff can prove any one of them to be guilty, the jury may find the others not guilty, and assess the whole damages against that one, even though many others, known or un known, may have combined with that one to do the act, and have not been sued. Although the plaintiff can re cover but one satisfaction, the damages are indivisible, and each joint trespasser is liable for the whole. It will be for you, gentlemen of the jury, to apply these principles to the facts (#' the case before you. The evi dence is very contradictory. In some cases testimony apparently conflicting may be reconciled without - impu ting corrupt perjury to either side. It would be difficult, perhaps, for the most enlarged charity to do so in this case. The whole case has been argued before you with very great ability by the learned counsel, and, as you are the sole judges of the facts, the Court do not think it necessary to make any remarks upon them. If in 3'our judgment the hypothesis of the defendants' counsel is supported by the evidence ; if Mr. Brockbil was merely a spectator, without counsel, interference, or as sistance ; if Mr. Weakley did not participate in the trans action at all, you should find them not guilt}'. If you believe, also, that Kauffnian did not assist in harboring, secreting, or deporting the slaves, but merely fed them out of charity, and suffered them to rest for a few hours in his barn; that they were brought there without his knowledge, consent, or approbation, and taken away without his assistance, or any act of his, to enable them to elude the pursuit of their owners or to further their escape, your verdict should be in his favor also. If, on the contrary, you find the hypothesis of the plain-1 tiff's counsel to be the true one; if, from the facts in evidence, you believe that certain persons in the region of the country where the defendants reside, and including thein, or auy of them, were known as persons willing to assist fugitives to escape ; that for this reason they were brought to the premises of Kauffman by some person, known or unknown, who was assisting the slaves to es enpe^ If thojr ?er? rewired by him, harbored and secreted , in his barn, then taken nwnj by him or by his ageuU or servants after night. In order to a?sist thrtn to escape and to elude pursuit; if the slaves were thus transferred by him, with the countenance, counsel, and assistance of Breekbill, to the barn of Stephen Weakley; if Weakley kept them secret in his barn, and removed them on the following night to places unknown, and the pursuit of the owners of the slaves was thus battled, you should find for the plaintiffs the full value of the slaves in damages, a? against all the defendant^, or such of them as you be lieve from the evidence to have-had an active participa tion in the offence. In fine, the burden of proof is on the plaintiffs, and, in order to support their action, you must find from the evidence? 1. That the plaintiffs were owners of the slaves named and described in the declaration. 2. That those slaves escaped from the State of Mary land. 3. That they were pursued by the agent of the owners for "the purpose of reclaiming them. 4. That the defendants, or some of them, knowing them to be fugitives, harbored and concealed them in order to further their escape and euable them to elude pursuit. 6. And if, in consequence of such harboring, the slaves did escape, and were lost to their owners, you should find the value of the slaves as damages, with interest if you see (it. You will suffer no prejudice to operate on your minds in favor or against either of the parties on account of any peculiar notions either you or thej- may entertain on the subject of slavery. You are sworn to render a true verdict.' In order to do this it must be accordirgto the law of the land, rendering equal and cxac* jniti: to both parties. The Icariaw Colont at NaiItoo.?We take some sta tistics of the progress of this community from the semi annual report, which come down to the 1st of July last. I The society, during the previous half-year, consisted of U66 members?176 mon, 101 women, and 88 children ; 00 ! I persons were added during the period' covered by the re- I port, and 100 new members were expected. The colony had 446 acres of land under cultivation, and was in pos- ' | session of 8 ploughs, 11 horses, and 8 yoke of oxen. The ! crops have been excellent; 1,600 bushels of wheat, 8,000 <lo. of Indian corn, and 1,700 do. of potatoes having been 1 harvested. Twenty-four men have the care of the fields, i and eight of the vegetable garden. The orchards and j vineyards are in the highest degree promising, though not yet in bearing condition. Thirty men are employed on the island cutting wood, which is brought to the settle ment in two flat boats. The transportation of fuel in this ! manner gives employment to seven other men. The saw-mills, cooper shops, Ac. supply all the neces- | sities of the colony. The number of fat swine was 80 ; ( "160 were fattening f r this autumn, and 260 for the next year. The school was not yet in full and successful operation, owing to a want of room : there are other present difficul ties in the way, which will be overcome in time. The musical band oonsiats of thirty-two persons, and both music and the drama have reached a v?ry satisfacto ry pitch of excellence. The general health has been good, though early in August ?n attack of cholera carried of! six men. ten women, and six children. The finances were also in good oondition. On the credit side of the account stands the sum of $42,402; on the debtor, $4,822?leaving a balance in favor of the society of $86,580. During the present autumn ten men will seek a proper plaoe in Iowa for a new and extensive colony. When the ! foundation of this it fairly laid, Nauvoo will, for the fu-1 ture, be but a place for the preparation and proving of new colonists.?New fork Tribune. Distrkssino Casualty.?Whilst the Whigs were cele brating their victory in Lynchburg, (Va.) Tuesday night, a couple of horses attached to a carriage, (in which were Mr. Chas. L. Dibreil and his daughter, a young lady about ?eventeen years of age,) became alarmed at the firing of a cannon and ran off, In their course they rail over two white lads, killing one instantly, and severely iiyuring the other. Mr. Dibreil and daughter were thrown from | the carriage and seriously injured. Miss Dibrell's life is despaired of. The carriage was broken ioto atoms. Th? National MoxrMKNT.?The following contribu tions to the Washington National Monument were made in Maryland at the Presidential election on Tuesday last: Annapolis $30; two districts of Anne Arundel' county $42 78; Westminster. $16 rnmbtrlai 1, $12.18; Wash ington county, $100.81 ; Hart/ord county, $81.10, TRTBUTB OF SOUTH CAROLINA TO THE MEMOIU 1 OF MR. WEBSTER. \ large meeting was held in Charleston ou the 80th to pay a fitting tribute to the memory of Daniel Wkbster, when an eloqueut addics was delivered by Jamks L. Pettkiiilv, , Esq., o whi*h the following is an extract: 44 Wkboter in the last of the illustrious three who so lobg adorned the Congressional life of America. 1 ? beloved to the second era of the Republic. He came upoilt* stage as the heroes of the Revolutionary period werel jawing away: ami he was one of that illustrious band! who sustained the reputation of their fathers, an aavelchnracter to the rising fortunes of the country. En|vl|nd is justly proud of the Parliamentary glory of 111 perii that was illustrated by the rare genius of Pitt, Fox^pnd Bcxkk, we may boast with reason of the long perioT during which our Senate was illuminated by the radiance <Mlh ininds as Clay, Cai.hou*, and WiusTM ; and Ktboaefro ?P8 were 10 arranged iu parallel linW? there ??>uld W no hwitatiou in aligning to Mr. Webster by ta philosophic statesman, the sententious und el* uont Burke. . . ?? Bu* the name of Mr. Burke excites other and more in teresting associations. That great man, as you know, v r, hold in the highest aud severest sense the Pcr80n^? Ration of the representative to the convictions of his own judgment. He ignored the doctrine of instructions; and when the people of Bristol declared themselves unequivo cally in favor of a policy disapproved by lim M at Vfo " ance with the common good, he d.d not hes.tate to ftd low the dictates of his own judgment, and expose him self to the ostracism of-an offended constituency. Mr. MO furnishes a .till more ample of fidelity to principle at the expense of the loss of friends He braved the displeasure of a constituent not only of the highest social and political weight, but ft con stituency to which he was attached by the most endeai ing associations. It is his rare felicity to have left behind an example of a firmness of principle which none bu^ him self has had the opportunity ot exemplifying. inny have been Jeady to lay dwn all .he advantages of power and public station In support or the (Mutilation, but he 1. .he only eiample of an American statesman, placed under the necessity of offending hi* Mate or de serting the altar of the Constitution. And ^ ell and no b . did he stand the trial of that issue, and bear the conse quences of public displeasure incurred in the discharge o public duty. For this act .his name will emerge from the tomb, in which his hopes, as far as worldly honors were concerned, were buried before he died, with the lustre which virtue receives from the fire of adversity ' fuUjebanl Brutus et Camu* eo t??ju? quod eon,m deerunt During the brief session of the L g^islatiiro of South Carolina, held on Tuesday, tut -d m^tint for the cleetion of Electors of 1 resident and a President of the United States, tne (joveruor trans mitted the following special message : ExKCI'TIVE DkI'ABTMINT, ( Cou XB1A, Novxmbee 2, l^o2. Gentlemen of ike Senate and /louse of Rej>re*tnt"tire?: 1 feel it my duty officially to announce to you thc Jcans of two of iii'r most illustrious Statesmen, H?|?t Clat and Daxikl Wkbsteb, which have occurred since } toKTS&e space of three short years, have passed away from the sfage of action three of the grca*|t names that have erer adorned the history of our count*. Cal houn Clat, and Wkbstku were names wn.ch were upon every lip, for praise or blame, according to the peculiar political tenets of those who pronounced them. They were the shining stars of our Republic. One by one, they have been extinguished, as though they were not peruu - ted to bhine but in conjunction. ? J, homage ^ t Sngle our tears with Kentucky * CX'setts eve; the tombs of their favorite, sons. IM ferine it i? true, upon the agitating subjects of the dav now that the grave has closed over them, we snould turg'et whatever of frailty was incident t? their moi-tality, amFonly remember them as the great intellectual lights which shed a halo of glory around the history mon country. * , . In re.-ponse to this message the following resolutions ?X^^r^Ar^^outhCa. m?Z?*'ThR?tewTX%itli fraternal feelings our con Kaolied, ina Union on this sorrowful ^Si^auTmorc particularly do we tender it to the occasion, hu Kentucky and Massachusetts. Commonwealths of Kent J thc Governorbc ^uest Executives of Kentucky and Massachusetts. Yankif FsTKai'Rist in 8?1* M Amkbu A.?By theschooner \ahkkt cleared at Boston for Cumans. Lamartine. which ou4. flirnisbed with Vennuela. a party^M ?f ?Wng ^ f llhT Slf .he Spanish vessel " Ban treasure Veuexuela more than a century I^,I,*"pM^rr?U.e.??.l had ??,OOO.OOOM bf.?rd ihich las sent by the borne Oo.er.inH.nt to pay nff trwrio in her dominions m the new world. ?ffC "0 years since a portion of the present party r 1 the wreck, and with the aid of little apparatus l^theTirJoseAcceded in raisin, about *!?.??. and Sear?l the "reck so .lull they no. .utic.p.t. opera..on. w,n be comparatively easy. A steam engine will be car ? i nt find also a diving machinc of ingenious construe Ten now invented by Mr. James A Whipple, together with submarine armor and all other apparatus deemed ne oessary for the most scientific fathoming of the ' bou"^ lets deep " 8h<mld this enterprising company secure the whole of their supposed vastly rich prue, they will not only suddenly become millionaire, in wealth, but mil literally " of the first water. llonaires Itierai y ^ ^ Tar. Last but onkof tiik Mai-chunk Bulks.?Chris tlna Morton, (or Mrs. PatcrsonJ one of the heroines of the poet Burns, died At Muucnliue, (Scotland,) on the 15th of October, in her 87th year. She wiis one of nix beauties celebrated in the poet'* song : ? In Mauehline th^re dwell* six proper young bailee, The prirle of the place and the neighborhood a', Their carriago and dre?* n stiangtr would gue?* In London and Pari* they'd gotten them a'. MiM Miller ii fine, Mini MarkUnd'* divine, Mi?* Smith she hn* wit, and Mian Betty i* brsw, There'* beauty and fortune to get wi' Mim Morton, But Armour's the jewel for me o' them a'." The " Armour" was the "bonnie Jean" of later days, and all the others married soon after the poet had obtnin ed his "jewel." Time rolled on. and the rival beauties became mothers, and some of them ultimately grand mothers?" thus rune the world away." In 1860 only two of the famous " belles" (for the simple and somewhat rude lines of Burns have been fame and will be poetic immortality to them) remained in the land of the living. These were, Mrs. Candlish and Mrs. Paterson?the latter ?he whose death wo have just recorded. So out of the six belief alluded to but one, Mrs. Candlish, now remains ?? to tell the tale." Fatal Accident.?The Democrats of Nottingham were makihg preparations yesterday to celebrate their victory, and for this purpose brought into requisition nn old cannon, which has been lying about the river bonk since the revolutionary war. They were trying the cannon, in afeer to have it ready for the evening meeting. At the third explosion it burst and killed William Danoborry. A fragment of the gun struck him and knocked him a dis tance of ten or twelve feet, and killed him instantly. *? [ Xtu-nrk Adivrtittr of Friday. Kiiwaro Bocuhton has been sentenced by the County Court of Litchfield, Connecticut, to six year*' imprison ment in the State prison, for placing obstructions upon the track of the Naugatuck railroad, Plymouth. NOTICE.? LETTERS OF Me. WEBSTER. ^lu! uudersigued hare beeu appointed the Literary Ex ecutors of the late Hon. Daniel WeiJhtkb, and hare ac cepted the trust conferred up#n tliein by his la*t will. They desire, therefore, to give notice to all persons who may have in their possession any of Mr. Webster's origi nal letters that they wish to receive the originals, or co pies, for the purpose of future publication, in such man ner as shall secui most worthy of Mr. Webster and of his correspondents. Mr. Webster's letters form a very considerable part of his unpublished writings. Many of them are of great po litical and historical importance, and all of them elucLato his personal history and character. While it is hoped that it is quito unnecessary to say to tho'-c who have bevn honored by his correspondence that the legal right to pub lish the letters of a deceased person belongs only to those who represent him, yet the undersigned, in order to pre vent the irregular and scattered publication of Mr. Web ster's letters in the newspapers aid other periodicals, take occasion to give notice of the duty which they have uii let-taken, and of their consequent legal rights. They trust that all friends will feel no hesitation in committing to their charge whatever letters of Mr. Webster they may possess ; and the undersigned will lose no time in prepar ing for the press a compilation of such of these papers as may be adapted for publication. > EDWARD EVERETT, GEO. TICKNOR, CORNELIUS C. FELTON, GEO. T. CURTIS; Literary Executors under the will of Daniel Webster. The above notice is given with our consent and approval. CAROLINE LeROY WEBSTER, FLETCHER WEBSTER, A majority of the Executors of Daniel Webster. November 2, 1852. CHINA MOBILIZED. FROM THE LONDON SPECTATOR. Among us there are strange events;, continental revo lutions, the ups and downs of empire, the flight of vast numbers across the Atlantic and Pacific in search of gold ; I but an event stranger than those is passing nearly un-' noticed in the eastern hemisphere. We are amazed at' the exodus l'rom Ireland?the going out of the Celtic 1 population; but what U that to the goingout of th9 Chinese people f The stationary empire in motion at last; the po pulace of the Celestials moved by a common impulse j swarming into the gold-bearing regions of the outrides! barbariansNearly a hundred years ago, Goldsmith i treated the Town to the imaginary experiences of a China- j j man in England : had he lived in our day he might have I learned the actual impressions of a son of the Flowery | Laud; and Montesquieu might have personally tested the truth of his own remark, that the Chinese are " It penple leplut /ourbe dr la trrre.'" It is no longer a miracle to see a Chinaman of "breezy breeches" in any latitude. They have broken the bonds of habit and gone forth, and are now in every land. They swarm in the islands of the Pacific; they serve in Australia; they sit down in the cities on the western coasts of South America; they colo nize portions of California; a junk has even anchored in the Thames, and a live Mandarin figured at the Great Exhibition. A few facts will illustrate this notable migration of a people who have been singularly home keeping. Hitherto, according to Mr. McCulloch, Chinese emigra tion has been mainly from the province of Fo-kien, oppo- i site Formosa; aud has consisted more of exploring and | trading parties than permanent absentees. Thus the Chinese for several centuries worked the silver and dia 1 mond mines of Borneo and visited Cele!>es. But now the sources of the emigration have extended, and embrace the ' neighboring province. It was remarked by Mr. Asa : Cliinney, in explaining his projected rsiilwuy frtw the monntic to the Pacific, that the islands in the latter ocean i iedft va<? ?- itVct (<? the rurptu* population of (Things be expresM&Ji-.si < t would "-VuWn ' occupy MM man<L?. Thrf have outstripped th*. i expectatiSjis of Mr. Vkitu?y ; they have occupied Cali fornia wun detachments of their myriads. Four years have sufficed to bring nearly thirty thousand Chinamen ! to San Francisco; to find them writing letters to the newspapers, and raising villages named after the chief towns of their native land. In 1848 there were in San Francisco only two-men and one woman from China ; by j th* end of 184f these had increased to nearly 800 men and two women; in 1850 they numbered upwards of 4,000 men and seven women; in 1851 this number had, j increased to 7,500; and by August 1852 there had ar ! rived altogether in that year 20,000 Chinamon, making a( grand total in California of 27,500; but allowances for deaths and further migrations reduced these to 27.058 j men and twenty women. These emigrants come from the I Canton River, and the rising port of Shanghai. They ! 1 live aud work together, citflj in the mines; showing i that their old habits of acting as commercial middlemen have been broken through. This enormous Chinese migration is a portentous sign of the great activity of the world. Here is the reign of Confucius coming to an end; here is a Mongol element to mingle in the composite Yankee character; here is an ac tive, enterprising, astute population fur Polynesia, open ing up endle?s vista* for future commerce. The Western Pacific will yet see a great historical people on its shores. The share of England in this striking change, in this mobilization of China, is obvious. We have not only j opened the Canton rivers for ourselves, but for the Chi i ne?e. Macartocy, Amherst, Pottinger, have delivered the people from the bondage of ages; and, like all other na tions, the Chinese are consciously mingling in the march of the world towards unknown and unlooked for destinies. The Americans have continued what we began; they, too, are visiting China, but as friends, not coercers; and, how ever any Chinese philosopher might mintruxt the race w!'ich entered Texas in such friendly gui?e, he would find ! '?? me difficulty in persuading hi* countrymen to give up the gol ten intercourse, on the ground that at no distant date China might prove to be to America what India is to j England. Death from th? Bit? of a 8rrpest.?The London j Morning Chronicle of the 21st ultimo records the death of :i young man employed at the Zoological Gardens from the bite of a serpent : ! It appears Frederick Oarlin, one of the keepers, whose . Inty it is to attend that portion of the establishment de voted to the reptile species, entered the large cage con taining the Serpents, with ft view of stirring up some birds I which had been placed therein as food for the serpents, the time having arrived when some of them had recovered from their torpid state, consequent on their previous meal, (iarlin was in the act of picking up one of the birds, when one of the species of Indian snakes, known by the name of the " cobra," and the most venomous of the tribe, made a sudden dart at the ft?ee of the unfortunate keeper, and fixed its fangs on the right side of the nose. The screams of the poor man attracted the instant at tention of William Cockeridge, another keeper, who was in the reptile-house at the time, and he rushed to the ser pent cage and drew his companion out. The reptile had immediately after its bite relinquished its hold: but the effect was such that it immediately swelled up the face of the poor fellow, and afflicted him with immediate blind ness of both eyes. An alarm was raised, and assistance having been procured, Oarlin was at once placed In a cab and conveyed to University College Hospital. By this time, although but a short period had elapsed between the bite and the arrival at the Hospital, the head and face of the keeper had swelled to an enormous site. The pa tient was immediately taken charge of by Dr. Burder, the resident surgeon, and the entire medical staff then in at tendance. He com pinincd of pain in the throat and stop page of breath. Artificial respiration, galvnnicm, and every means which medical science could suggest, was re sorted to to sustaiu life and alleviate the sufferings of the patient; bnt so rapidly did the venom extend itself throughout the entire system that in sixty-five minutes from the time of the unfortunate man's admission to the Hospital he was a corpse, having died in most excruciat ing agony. A Drove or Hoos Overboard ?While one of the freight barges belonging to the Erie Railroad Company was being towed down from Piermpnt on Thursday, n drove of hogs numbering five or six hundred took fright, broke loose from the enclosure, and tumble*! into the wa ter. About half of the swine were picked up ?Hve, and J the balance were drowned. TIIE GREAT AUSTRALIAN MOVEMENT. I FROM TIIK LONDON TIME* Of OCT. 21. For about two Years the rule of Australian intelligence has been that the latest accounts not only confirmed those U fore but cast them into the shade. How long this ratio of progression is to go on we do not venture to gue3?i nor is ft at all necessary, for we have only to suppose the vield of gold actual, ascertained, nnd regular, at the .ast date to continue for some years without 1 urther increase, Shtrr. w lojiMtify m? -iw... i to the commercial and social results. At the last date the weekly produco of ono gold district, seven.} mues from Melbourne, was near 100,000 ounces, equivalent to ?20 000,000 a year; and, at a moderate esamate, le whole yearly produce of Australia would not be less than c 10 0<MI<0<H). As a natural consequence, Australian so ciety had resolved itself iuto one great association ot c ig cers In Victoria, or Port Philip, as it used to be culled, the men with a few strong-minded women, to the number ot about ??O.OOU, were at work on the variousi operates im wodUtelv necessary for getting at the gold, wh?.e m. } thousands ware engaged in ?ubsi(diary employ metits. r diuiry occupations were neglected. 1 he cattle were driven to the diggings from the distance of hundreds ot miles, not as before to be shorn for their wool or killed lor lUeir uUuw, the rest bei^g thrown away, but to bo killed for their meat; the skins and wool being now the indlsposmble refuse, and being accordingly burnt on the >pot Wages for all kinds of labor had risen, to Keep pace with the profits of gold bunting, and cubage ir m Melbourne to the diggings was C100 a t... ' Vl'" ^ . Of course, great inducement* were required to pre\??l Bailors from deserting, and to get ships out oi port. The population of Melbourne had already increased to such an extent that thousands were living in tents in the sur rounding fields, and the cry was " still they coma. Low far that expectation was likely to be furtherjtulAlied, , in this country, have some means of judging. It is est mated that iu the course ot this year 100,000 persons will have left the British Tsles for the different Austrahau colonies, nearly all thes?, first or last, destined to reach, if not the diggings, at least the neighboring, dependant cities. The greater part of these 100,000 are already on their way, in mid sea, and in the southern hemispher* . The rest'are certain to follow. i?i.,,,ilY The above are uot probabilities, but /acts; and whi they come to ? They come to this, that the popu ilationi of all our Australian colonies, which previous to thisdis covery was considerably under halt a million, will ?? in creased by next spring?that is, by next Australian a - tumn?to somewhere about 050,000, ot which 1 , must beset dowu as the abnormal increase over anu above the natural increase and the ordinary immigration. Now the question which we beg to ask, and to which the abo remarks are introductory, is, Where are these 100.U H) to get bread? Supposing there to be about enough or 550,000, there would remain a great deficiency to be filled up from some quarter or other. Every body knows that a deficiency that appears small compared with the total amount of the supply, and the whole number to be filled may easily produce an actual famine, for I lnr 'e proportion of the people can and will get enough, leaving the deficiency to become by those who cannot. The deficiency which caused our own dreadful famine 1840 -'17, which cost 1200,000 deaths, and ?10,000,000, was not larger, compared with the whole British popula tion and resources, than what we have just described a^ likely to occur between this and the next harvest, it it is not already felt in our Australian colonies. To many the idea of a famine in Australia, except by some failure of the crops, will seem the height of absurdity, because people have been accustomed to think its capabilities m exlmuatlble. Its capabilities, however, are u- dung to the purpose Just now, seeing that men cannot live on capa bilities. bread in <?e, not in pout, is what we want to day, and in fact till next harvest, whenever that may be. So we must put the fertility of the soil, the regularity of the seasons, and other such future considerations whouy out of the question, and confine ourselves to the actual ""hi the absence of information as to the produce of the last Australian harvest, or the quantity of land un..cr wheat and other white crops for the next, we have to ask whether it is likely to be much larger than usual Not at all likely we should think. Sixty thousand able-bodied men can't be lutauig for gold in one place, and some iMcJj or thirty thousand in other places, besides many operetioo.. U have gone unshorn, and even unattended, ^r want ' hands, tillage, which demands much more labor m ?? h'ive suffered in proportion, and we may too conftdeut j conclude that the aggregate yield of the ^harvestand of the next would not be above the average, but rather below Australia, as a whole, has only produced enough for its own purposes. What it might have doae, as we have already observed, is a question quite beside the pur pose. A few thousand quarters are all that it has e exported to other countries. If it has hitherto only pro duced enough for half a million, it willnot lts preaching summer produce enough for WW,WW. But Chili, we are told, is within reach, and can supply an unlimited quantity of corn, as it does already to Cali fornia. Here are three distinct considerouons^ From Melbourne to Valparaiso and back is about 17,000 miles, being right across the l'ucitic, and cannot be done m much less than three months, under the most favorulle circumstances. Deficiencies are seldom found out quite in time, unless they are customary aud expected, which this is not; but when the remedy takes near three months to operate, it will Se of little u* when the famine has already set in. Then there appears to be great difficulty in getting ships out of the Australian perts, even when they are under engagement to return to a port or their own. Much greater difficulty will there be to get off ships on a new voyage altogether. The difficulty, as indicated and measured by the wages demanded by sailors, is much greater in the case of ships bound to the ports of the Pacific than in the case of tb*? bound to the United States, or the British to India. Yet, in the face of these difficulties, forty ship., each of 500 tons burden, would be necessary to bring from Chili the quantity of corn required to make "P ??<-? probable deficiency of the next Australian harres1 ut, supposing all the difficulties got over, there rem an two other rather adverse considerations?the limits to pro duction in Chili, and the fact that its n?hmcW pro- . duce is already engaged in California At the lat date from Valparaiso, September 2, a vessel had arrived from Port l'hiHp/whioh ,t left on July 28, in quest of flour and provisions, and was disappointed to fin 1 them ?o i.g in consequence of the California demand. The price or flour at Port Philip, at the above date, only s;x months after the last harvest, was ?25 a ton-a price that wou.d amply remunerate any importer from the shores or the Atlantic. These advices, therefore, present us with t e fact of a short supply at Port Philip, an attempt to re cruit it from Chili, arid a certain amount of disappoint ment caused by the effect of the large Califonnan demand on the Chilian market. We are justified, then in feeling some apprehensions as to the possible state of things be fore the next Australian harvest is got in. with more than one hundred thousaud new mouths added to the demand, with the regular operations of industry much interrupted, and with the population much displaced an'tdlsorganued. The only practical object to which these remarks can tend tint while we send ut additi'-na' mouths to Aus tralia we ought also to send out additional food. If for pverv five emigrants there were also shipped a ton of flour, or even half a ton, that would save each new cargo of emi grants from being, perhaps, a -erions infliction on the Sort it arrives at. U is true that by the tune the vessels now about to sail arrive at Port Phillip a new harvest will have been got in, and there will be no immediate lanirer ? bnt, undeT the circumstances we have described, the produce of that harvest may not suffice for more than nine months' consumption, and the deAciency may not be discovered till it is too late to make it up. Last year, it is true flour was sent from England, and proved a loss to the merchant, as hy the time it had arrived at Port Phil linthe price had declined ?8 or ?9 per ton. As it has since risen, however, to ?25, at the same place, it is evi dent that, with proper commercial arrangements, and with due patience, the speculation would not h?^ been a failure. But at that time there had not been any thing like the immigration we now witness from the mother country. Our people at home were very slow to take the hint, even with the success of California befcre theireyes; and long after the most astonishing news from Australia it was ? common remark that we were exporting thither more goods than men. It is quite the reverse now. There can be no doubt as to the immense number of mouths we sre sending out, but we do not hear of a cor responding export of food. The pinch, of course, mu-t come during the two or three months be!", re the lian harvest; that is, between this and February. t ere be anv thing of the kind already, it is too late for us o remedy; but we shall at least have time to present its ro currence next year.