Newspaper of The New York Herald, March 14, 1843, Page 1

Newspaper of The New York Herald dated March 14, 1843 Page 1
Text content (automatically generated)

th: U.?Ho. 71.?Whot* No. MM. To th* Public. THK NEW YSRK HERALD?dailynewiyaper?pabliahad aaary day af tha yaar eataep' Naw Yeart day and fourth of July. Price 9 aeata per copy?ar |7 9fl par annum? pontage* paid?cash iy advance. THK WEEKLY HKRA.L'D-pubUahed everySaturday morning?pHae cant* par oopy, ar M IS par annam? poatng *a paid?cash in advance ADVERTISERS ar* informed that th* eiroulatian at the Herald ia over THIRTY THOUSAND, and increaeiag aat. It hat I he lor ft* t circulation #/ any paper an thee city, or Lkrn toorid. and u tkamfora. the boat channel tor bueinect men in i/t? uitf *r cewntry. Prices aixlirtll fut m advane*. PRINTING of all kind*, MMSted at the neat nodnto peaces, mad ia tha moat flag ant atyls. JAMK8 GORDON BKNNETT, hariMTti or Iiuld EiTiiLiiNiiiar, Vorthwaat aamer af Fnlton and Naaaau streets. Aril HOUtt-8 T ? LET AT YORKV1LLK.-J lerge fjB house* on the corner ol Mi'1 street and 3d rvenue; either itr a it cnira'att-d foi a public house, grocery or nrivale t??id" ev On the premises is a line r table, owlivg al'ey, aud a tine gardtn c miistinc of I ?t?, with (rai>? vines aud fiuit lit-ea therein. For inquire of JOHN A. MORRILL, Esq., ml 'wr No II Chmph. r? at. ,;sA I O 1 H T?The Up.-er n it ol the store No. 7 ,New *J; ?tr?at, af w doors from Wall street; the second atorv .'Vj&.h'a two offices, and it ia adapted for a merchant or lawyer. A l?o. the three story house 14 Ws'fcerst between Broadway and CI arch ?t, an eieelleut situation for a y,cutcei family, never i?-d by Mr. Verpl'ncd Tlie b'ickatt't' corner of and Cherry streets, oeenpi d t?y Messrs. Valentine It Co., as a teed store, a desirable situation. Tne eouceeient two story hcnse with attic rooms, basement and enuoter c? Iter No 33b Nineteenth street, occupied by Mr. tV.-k. The rwo story brck heese. No 73 Gold street, one door from Fpiuee st., formerly owned by Mr. Miles Hitchcock. The re'uts will be moderate. Anp'y to MR. UELArLAINE, 93 Well street, m# lm*r in ffioe No 9, tnr. ef Water st. ut rti LET?fn Desu street, near smith atree , Biookfr? lyn, the ar'end d three story bon e, finished io the best .k'JHB. lasnnsr. with two lots ol gr. end attached. Also eosch t?-"CI? *- ? ....... ?/,U. ehnie. vine. A No, several 'run treeae, with a w?ili and pump ?l cicelrnt eirinir water on the premises Th:a pro ?rtv is well calculated for the aceommodttioa nfa reerertabl- family, to whom it will lw let for sue year or oioro on accominodati' g terms, bv applying to JOSEPH McMURRAY, mtr _ 1(10 Pne ureet. M fO LET?9root lit May neii, two tnrderm two atory noasea, in tftattd atroet, pear Wnoatrr. Alao, the f'fB Nt:r? Nu.M 1 auV at , now occupied tta a chair atore. It could bo aiaiie into two aery con' etiirut *i<? e? App'y to JOHN THOMPSON f lt-*1mrc M (hand or 27 Wnonier a'a. Jggt TO LET? From lat n? Vhts ueit, the modern built pi two atory btieb hooae. No. It Third at, wtth attic, baseJ'?4JL anJ cellar, and marble inant.lei throughout For fur* Per pi-ticulara inquire nt 47SK Pearl at lif tin* Jb?4 T" LET?The eto e No 97K Naaaan a rret, in the ffvTW Herald Buildintj. Ai pi i attlie Hrrilil office, cor NaaI'r^K a and Fnlt?n stre?t?, mllr MTO LE r ?A email, neatly furriahed lodjci-u room, fore ocntlerran. Ttrma moderate. Apply at l6t Canal airret. ml2 St jab joA OH-EN'WOOD COTTAOE TO LET -Tina fffrw haar.titul rowntr* residence, i>u O iwatoa HrU'ita, J^jyL Bn . lily'i,ad oinitur the Green w iod Or in?tent, ronnii.I (T tf (noil root, a, cellar, wood hn??e, and l.ira- g .rden, oil In good o der l)ia?a cr from e S u:h Ferry mil's. An ontiiibna paaa a lb- end of lha rlreet several times daily. It is eo adraut^eotiily ?ituated aa lo command an unintermrit-d view ofthe Bay, Nrw Yo k, J-raey ( iiy, be t' qu re at t<e toll bridge, font of C. a tat. of K. Martin fc Ce, PA Joi n ?t, New York er of Mr. Martin, on the premises.? Bent $110 mil at oit*rc OFFICES TO LET?In store No. V* booth treet. ? Apply t? JOSEPH McMURRAY, Mfl Pine street. ~f Ilea A FOR SALE?A desirable country residence at Hempstead Village. Loop Ialnnd; a Urge well built Hobm;, inc ttose style. with tarus, rtheda, he.,and tea acrea of tir.t rat" land, in Iodine a Garden well stocked with ihtuUb r> , fruit tree-, he . hi a high at ire of rultivaliou; it ii local doe Falron ?t. ret, lets than a half a inile of the New Yoihend Lent 'aland R.i'roid, whi h has a corrmouic tion with thi eitv aev-ra! limes a day, and at a rate of lare r ty m?rh i-iLc d from formar ptice*, making it a moat dcat-aMn reel, cue-lora arson retirinx Lorn the city, or oue who may wish to do Ironaesaiu the ciiy. A inntn n of the m ney can nm.,.u i>? mortgage, md the balance cm Ve paid in dry gooda Of nooetiea at marker price*. For farther pa ticulara, apply to JOHN b. VOOKHIES, B >ok 8t?ro, " No \4 hhh kt N. Y , or JOHN J. MARSHALL,. Pjstmaier, ir.31w*r Mamaronerlt. West h.ster o,N.Y._ An* FOR RA'.E OR EXCH.t NOR FOR CITY PRWt: ij?'l'Y?A Farm of oae hundred arte*, inn ited is JljSjL Hue' land Connty, ten railea by the Naw York and fcrTKu ro-doran milerlr.m Ny? k Landing Handsomely a tinted, i h nry of fruit, wall watered lud wooded, and euy of arm; a: any <**y in th? week, by the above road,in three honn F' r t?rther parlirnUr* enquire atGonveuenr irreet, wham a aneCeif?yi, *r ran b.-ae? n. 171 I in *t OfUEXri'\.\OF. rtiK fRortHTT PSlN THE CITY OF w:w YORK-Aea nahle Farm abti'H M asren in See rail ale, West Chester Connty. two mile* below Whit* Plain* and twenty-fiee row New York on tkn mam road lead ma 10 and from aaid placet. On the preni'vto i? a tpacvoat double two aterv dwel ina home, with a kitchen attached; a Bain, carnage and out honaea, all in fine order; 1 bearing apple orchard*, moatly gr fted I'rnit. peaah, chr tt and near (roes, a rood well of water and eialern holding V potfihcada of water; nbont twel?e acre* of wood land. The whole fare- well fenced and moatly with atone wall and in good epait. Tier Bmn River crooaea the rear, along which tti> radio id r - rm. now nearly completed, to While Plain*. d.'mon.! dtkirnur el seeing 'he pre > iaei >rili fiad it one of the ?<?* dei.'-ahlr- placet in Weal Cheiler Connty. Sinqnirt of J. J. Til AVI*, oath, premises. r D. BRUSH, ESQ r it No 91 Fallon at. "J. ~Y.V'-..V1 AT AU< TlON?Will >e offered at pu'Jie I #83 eiide -, ih? farm late of William C'">k, dec-ved. in ^Ja- Hanover. Murita Comity, N. J. containing 129 acre* onn'ihty divided io imadow, iwtlere and pi. ag i find, with a l.r.el' eood rtrft timoer, a ? oreuient d*ul ing hontr, two barns, and other oat Inuri. W| 1 offeree together or ui parts, < the ooote of V? m. McFa Ian in Wni,.pany. on Fnd>>, the it h of March, lo.L at, at 2 o eio. k P. M. Conditions will be liberal, and attendance at tor riai? of sdr by the aaboanbor.. SILA* TUTTLE, ALVIN HOWELL, mlltlt *r E<r. n:o.? of aaid Decerned, jwwa *TAI'EN ISLAND FARMS HUM SALE.-I'wo B8ra'ua''l* lar-aa, hMiit?. ia-!> i.itu ted. and in a high state fta'drrtim. For panienla a. enquire of F. 11 LUUl.i? "J A lO. II Broad itraot, or DaVID JAQDKS. ii# Ciual mil it*r UNiTiiD STATc.8 H? >TEL OF PHILADELPHIA. ALL tr??el|i ra wlm haee pa?ar ihediy?aod nights of tho'r oj?ur<>io Ph ladrlphia at laio fin eatahlisbmrut, apeak in to ma of nntnaliAed praise of its acci.tnm d it out, table an ma;. I ha atrang.nun an' the hi nse ara admire* t n lewitir. and Ana one wmmiy a nutuu lie I end I in i hi> Ho ? u.m wil. b appr nil >d ay M ?t p noyt, iuch *s kti'ii <4 wtll-tar?i-i e'l hoo<-, a well-surplied reed .nr r?on., sad a hoal whoa* constant. ff .rU ar: di ecte 4 11 render hie . U'i'ia a highly ag eoabU -non lor rvuectabl* traktllff . Sir Res, hi hie po.itraod aff t>iu'lrp< r meul, .ad his a r. nuU d perao al stratum u> the tablaa > n I the geuerut o.iln.tof bt? wiaa faior Irom !: wbufregueut hia h U?e, These who iu ihe maruin,' p-rftr to indulge in the "ewret jeeM-er he air sleep," In?t< ad of attending to ihe h -eakf-isi i imens, ftnd At l' ? hoor wi ich U fa their owa cnnvenieac*, a table. i-i far their especial ?? , wi'h several eervanu iu a1teud rues to cnn?ult their wishea, ar d have any di Irene* which me bouve tff rtie, itepaed with celeiiry for beir gratification. Tee diun- r it sei van in n light, airy, and apaeioua dming r oa. err'aotiinc a -ardeu aud n a repast tbat wenld do credit to any Huti I in the < oau rr. The aiiuiiioan' thu heme iv decidedly the beat ia rh. ladelphia b ing OB Cb??nut at, ep oeitr the Ba bof huitad i?Wtr?? the eery cuetre t t'faab.ou and bmiueaa ol the city. mil lm*r WORAM iV; HEATHER, No 677 BROADWAY, UPHOLSTER E R S. TIT It H reapecrfa'ly inform ihoir Irienda an-1 the public, ' th-ttnuv a trod t" t e abo e buainrs. in all in bianchea, end make ap cturpcta i i tha neatest and beat atyle on moscratt t< rma p ?inna'ea and coa'racn given at the rhertett uotirs. N. h ? All kinda of old w?tk atteaded to with | u.ctusluy aili 'm*r METALLIC RAZOR STROP WITH FOUR blDES, d by O. HAUNDKH9, " lor keeping Katun a!W?ya iu order?it produces a smooth ami thm edge to a isaor in a tenth part ot the time required on a hone, without using oil or water. No other urcie e of the kir^d h. s erer he?u eo universally known and ate ptvved ot, having been ferthe last twenty-live yean in comtant use in nearly all the cailsry estabtisltmra.s iu En pope, and t.'iere mrktiowl-dged to hare on equal. In New York, where il w?a luTWled, it recaired lint premiuma at the American Inat t te e?ery time it waa presented for competition, and urrriusliy ( aul of ruGng,| established a repntsti u hri ah i nrte ol America, ( he tag iheunly Rotor Strop that will k-?p rojpos in perteet order. T Ceritiiesies are the jmseession of tlm investor from the Post sc'eiitifle ge nth-meu ol hnlh countries, apealiiiig higuly of Ihrir superiority. Whea taking into consideration that thoar Lea'ternm h?re no latrrrat in the (ale of .he article, and Eire then testimony without lolicitnlioo, a|>eak> volumes in >to ator. It ia tha only Strop that has been deemed worthy ol Imitation sad couuti-rleiuag. The great camber of those alone ftronld Stampir sabring the r.limasol perfection. I That ri may be more svtul'sc tory to ti e public, thu namce of |ho*e gentlemen whn have air en erilrtcales as to the merits of Ihe Strop are here publistied?General James Tallmadgc, Preaibvdi ol the Amertc 's Institute ; Prof. John Oriseom. Dr. Vamntnie Moil, and Mr Millikru.ratler to the Koval Narv. Ml trend. Maaafaetory IM B-oailway, New York mt l*?r J* NGLHH AD VIL ti l 1 dfc*kNT-Nutiee to Ma. tar." ol -a Vrraeta .mdoih 'i viaitiiic Liraraool on buaineaa or pinna? Mi tlinach, let* of me Warhiuijtnn How, beg? rmp-etlullv t? inform her nam-roai American (ririnia, thai > hurrmii' i d Irani Raini lanlaHenvre t.? No. 5 Utiae at reel, .irerpool. a f-w mantm walk t mi ihe t.natnm H 'u?e, which ivatc hoBar I? fituil Up wuh ererv comfo-t aid convenience, ml traiti to bo fnronui wuh a couinuance of that atipport ao aii)' y> era off') rledto her. in4 Ian I'Bl) ! B1UD3 ! tlKD'if i!-roraale, a hoiea leleetirw o J Cana-iea, ol all knula S naa >ra eicellent annc r? Alio, food tfilao a Parrot. Lrkewiae, aa ae<?rt,oeni "f Kanri Pi rona. of ail bimla. acknowledged by all to be the threat in the ly Enquire at No 113 Pearl atreei Kntrrnce U Kerry Ureal, oat roi/io. ap ataira. niT-'mrr > R< I t'TisA I.H" WAN I KT) KOft Hl'Ohf, AND < KMt.N P.?Uranite or an"?l o.ona co-onf, to eover MW nnmK fee*, of parap-1 -nil nf Caat'a Willimia; coping A? ei I ma ar <t one loot thick, wid h in?y be fallible. Toj>a an,I da to he cicely enl.ioirita and bed to he tialy ilrraaed Stone be delo ereil ut tiuTernor'a inand in M iy anil Juua. rmio atrrrnh r "-ol, a*) D'iflriibic feet. Alau, tor '000 twrreli her Hydraulic Omeat, to be daltr<red ti 'Vi rrior'i Uland, in amall lota, aa ? int. d. and tlie barrel* ten back kdiircaa Capt J-lia 8an,!ari, Corpa of Eafineara. N. Yoik nit laa*aa Atk-NT"MMEATHlNO PAriS^ST bafea "of a nrfl. pant* arvlete. math approved "f and wall adamad for.bat laofaait*, roofa ei howaa, Jte.. tor ?alc b* El UOI.L1NI A CO., ib M Soatlt mart i E NE1 NE LUCINA CORDIAL; a tni ELIXIll OF LOVE. In OLOtFT TIMK, among the 'ewe, That man a erconi wi'e might rhooee? Who e Am, by Kate'e unkindly doom. No e ildrrn bore to bleaa hil home. Afflicted thai, the Roman matron Prayed to Lucine, the inidwife'natrooi Egypti ru wire*, in inch a emu. Called to their aid the Prire'i of Iaia; AdU en n now, the meek Hu doo? Warm aa her chine, and lender too? If Childlrie twelve atoutni Iroin lirr bridal And with raiaad hands, ia aceunts wild. Patulous for a child ; For w.-ll the kuowt. Lore alia as ta kleas The Hiu Joo bad of barrennaa*. So much for lava iu day'? by-Koaa, Audi.vane customs in our own; Put any, (if? ..oiv, Joea Love's rommauftn Bl-at in our la> d, a sterile uuiour No! oft'tnnes oiuiugal lelicitv, la fl at disturbed?ay, a'cu in this mty. Yet, miy the barren, it tliay trv The meant, *'ii create and multiply," With "Lora'a E'>air"for her IrirndJ The childlaaa wife'a rapiuiuua end. But not the prorreative power Atone, ia thta E nir'a dower. , Consumption's ills it will prevent? With rigor clothe the impotent; Kuporeas aelret whale'er iu data, And all u'v's lunetiona lenovate. Eruptions fr-m the akin it < hues. And biiugauack h-auiy and ihe iriaces: 'Tn womau'a trutt?and ne'er deceivei her; From ! luor Alhai it relit vei her; A' d e -ch disease. (v* i ll pr< i-r care, too,) Kcr fair nd fragile 'orm ia lit ir to. These are tat ini'h- ; who cilia th ra Action Khali have ateru proof iu coiitiadiction. 1 etttra?all feinis of attrttutmu? From theaavana oi e'rry nation, IV iih gr tt fu1 missives Iro n all quartera.C Penned by Oiaea e and <juacter> 'a ma I ;r?; Thousands who lay witn finite irg breath, Almost withiu the iawa nl Ueath, Now in their nightly prave r? rei*at Tha ka to L itr'a frictid, in Vaaaaa street, . Aodaomi'tiui-a name ihe vera number? "Nineia two N in their aluaaberi Of, dream t-g ofDiiease'i orde?l. Cry oot for t' "Lucwa Cordial " Persons ordering this medieine Irom the country, by lending t remittance, ran n its it boxed no end sent to any part of the Uuion. Price S3 t? r bottle, ?rt?t perdotru. in7 lsa?>-c ? si .PIOL, HAVANA, INLAND OF CUbA CHARLICM DUNNE WATF.RLAND. PRINCIPAL. "pHIS Academy was established two year* 4*0, under the pa irons*# 01 tne former Inreudem General n< the l?l??d, and other dietnteu lined miiivinnnli of the nobility and mercl ants el tmecity. Ilf aocdected on the plan of the German '*rvmtia?ia;" and the metnoe jl tuition ra the "interrogative." All the eholara onderatand toe huwlish language, and many of them peak it habitually aud rurally The Principal haa the experience of ach< ola in France, Gerrnauy. England, and the United States. Hit chief aim ii te rite tne yonth entrusted to hia rare a practice' knowledge of thoie htaneheiofa i"^>Ii education, which are required in all active careen, and are applicable to any. The coarse of slady, therefore, comprehends the English. Firnch. German and Spanish Isnguages; History,Geoj;iy,)hies, Nafirol Philosophy, the practical part of Mathematics, and Orawipyaof various kinds. rr.ifesaon of dieers nations and acquirements reside in the es"nblishinenM and all the classes receive, in rotetion, instruetion ftom the director. Such signal sncccss bas attended this plan of tnnion, that as yeral cf the pupils, under twelve years of aces, write and speak two foreign languages, ia a perfectly intelligible manner, and those of riper years, correctly and easirv. The acquisition, not only of the Spanish, bat also of other language*, is thus placed within the reach of the yonth of the baited States, without its being necessary for them to relinqipsh the many advantage* which accrue from anEnglieh education. The object of the Principal in desiring to receive youths from the United States,is to facilitate the acquirement ol the English accent for his Spanish pupils, which semes would be donblv repaid them by by the latter, and to introduce here the manly spirit of the English schools. The youne, citizens of the United Slates can have nothing to fear from the climate, the house being spacious and airy, situated in a healthful pot, at a short distance from the city; and ceutainiug within its limits, a fine batb and complete gymnasium for the preservation ot the pupils' health. Two youths, lately arrived from Gornsa the principal is married man. and hi* wife and ?uter have ki'teof the junior department: children are received a ant tat teat of infancy, fc very pupfl enjoy* hi* relicioo* opinion* undisturbed. 1 f?e term* are (490 per annum, payable three montli* vante. There art no extra* except clothe* end book*. Befereucee-MKSSRS CHAS DRAKE fc BROTHERS ALEXANDEH MORALES, ESQ.. nil H?n? HKWAKh.?uituss' specific mixture.For the Care of Ooonorrhoaa, Gleet*, Stricture* anu onaioyons oomplaint* o f the orgaa *o (generation. Oi an reined tee yet d'lcovercd for ths above oomplaint*. tin* is tne in 'Vet or rtain h nun a iprerfv and permanent cure, withouCt he least restriction tod1 drink exposure, or change in *w>'icatiou to hv tines* We gi? e no loug tpuackish recommendation* to deceive the pv he. If the medicine doe* dbl not ipeak Air itself, no one shall apesig .?rit. Our object i* to notify Where it can he had. nud (he proprietor eniaieagrs a single cnse ol recent Uonnorrhoaa to W brought, iu winch the mixture will not effect a rapid earn, under a forfeiture of tin#. This is a disease that anfortruiately pervades all rank* efso eietv?high, low, rich and poor, matrimonial and single. They are nere presented with a remedy by which they can cure them elves without the least exposure in the shortest time poseible. Further, the disease cauuot be eontrtctrd if a dose of the nurture is taken at uight on xomx to bed when exposed. It is pat np in bottles with fntl direction* accompanying it, at tit bottle- One bottl* lasts a week, which xeuerally cores-? I many are cared in two days. Far sale only *< Wm. H. Manor's, 193 Broadway, earner of I John street, opposite Franklin Honse, New York; J .Jonss, eoruerof Chestnut and Seventh streets, Philadelphia; and at J M. Smith's 1M Washington street Boston. 17f lm'r Ji LI8PENARD STREET TO MARRIED LADIES,?Madam* Ci.stello, female physician and graduate as midwife, offers Her professional services to the ladies of tins cuunl'y. The anaiomieal and physiological peculiarities which distinguish the frmale, tin pose niKia hor diseases and functions altogether her owu ? M<r.wy o i these diseases arc exceedingly complicated and obscure, requiring an accurate knowledge of the ft male system to treat them with*. Is it not justiciable, any an imperative dnty we owe suffering humanity to give re lie I in some cases, especially if we p<>**e*s the knowledge oi'tt'c mrans or remedies whereby this desirable object ?ar. he effected. a Madame* I o?t llo he in* had long experience and surprising sece-ts in the treatment of diseases incidental to her set, ap priae* ladies on the j?int of confinement, that she will be hap py toaitord ac iminrtald* remoorary home at her residence wwre iney can tiwnyi Dive irt iKii meaicti irearmeriL nnti mi most mairnnlv care nursing, or if preferred, will wait on and at!*' d them at ihcirowu li#nt?i until perfectly recovered Madame C. pi licaltrlv begs to imprest en the minds or the delicate, that ah* officiates iiersonall v in every caaa, ao that hesitation or dr. ad w ii never be apprehended. IN. B.?Madame Costelio weald inform ladiee rending oat of the aity. whose health would uot admit of tratslling. that the woald devote her prreonal atiendaoer apon them in any part of the United Stale* within reaioaahle diaunee. Madame 0. can he ennealted at her reiidenee, 34 Lupeaard street, at all timet and with the strictest regard to eeereey All enmmnnieatinn*aad leller* most he post raid. hi laa'r TOO LS?TOO LS?TOO L S. ALBERTSON'S, Coog-r't, Her'on'i&nd Gilford's warranted Caat Steel Coo. era. Carpenter* and Ship Carpsote ri Cdge Tool*, can he had at wholesale and retail or OhBOKN k LITTLK, 33 Fulton afreet, New York, (Id ner sent allowed to merchaute) aud who keep on hand a fall assortment of Coopers' Tool*, Iron H'vets, Truss Hoop*, Stave Jointers, Stock Howell* and Cease*. Alio, 1 inporter* and (htrral D-alen in English, German I and Americaa Hardware, Calle y. Nails, kr. kc CllARLE* OSBORN. flW,., ee? CHARLES S. I.ITTLlC. LONDON AND MANCHESTER INDIA Kl'tfBER GOODS. Ijy HOLESALK AND RETAIL, No. I Wall *tr**t. Tn ** subscriber has received and offer* for sale a largo amortisent ol imported India Rubber Water Proof Goods, via; Ooataand Capo*, ofiapenor Lama, Cashmere Lama. Persist, Menno and Cotton, of all color* end aiso*. Cloth?India Robber, Water Prool, super Lama, Lama Pop nan and Cotton, prspared for tailor*. India Robber Webbinga for *?<penders, er.rstu, k?. U??in?t CHAM. ABRAHAMSON. OA MS k CO.'S NEW VORK AND M.WAUK E <1 PRESS ?Tit* public are re?|?cifallv informed that t i nbseriber* have established an Express betweea New Y? ? and Newark, N. J., for tUa transmisaion and speedy delivo t of packages, bandies, money,; the eolleotiou of ma * sod bills, and an other business appertaining to an Expsess Orders for articles to be returned by the Express will w delivered free ol charge. Office m New York at No. 7 Wall street, and is Newark, lot SMITH'S Newspaper Depot, No. 32? Broad st. Ltare New York at IIH A. i>l. aud IX r. M. Leara New.rk at A. M. and 1H P. M. dl*>c ADAMS k CO. n n il 'i ' IN ' S '< * a S h TaiLUKIN ISTABLI.SUMENT. IA4 >c Mi*m Street, Corner ?f Jiitn Strut, 18 decided^' the rbeejeat in 'he eiry, There i> ?lwaya oi baud .nela > iHock of eatouablr goods, purchased far cash wh?rh will be mad* tip to order iu tne ?tyle of make. fit, aim ami;, Ac., in ? l,ne gteea eueh general aatisfaetioe during ehr last four s, and a( a poaiure ?aring oiMiki e?uL Uentle'ueu eie rinoeeted to - all Slid egamine. Thoee Wbe rusnieh th'eir own io?><1t, can imre theaa AND TRIMMED. Draei (>a>u, mad* and iriruuiel. %! H ia |l H Yrodk Otwta, do do IHn 1H Pacta and V?au.??? I T> to 2 OC Orer I'aata, k to II M AT" Tartne?Cash nndelieery. lyVll"' MICHAEL C. MARTIN r\0 NO I Df.BPA IR ?A'l who hat* bren ao tidorttnatr aa L* to contract a Ceit-on private disease, and ha?e become weary with aneeaaing affinlt lortatoia thrmaelrea to health and hap ineta, bat had met with bntai diaappointmaiit in rrrry medicine that i roaiiaed the dtmrcd effect, can bow laka courage tad look lorward w tn eoaQdaoea to a perfect and apaady reatoratiou ot all their energies. Dr. Thomas' Specific Pi lis hats nerer yet failed to >nre the moat ag tested and protracted eases of (Joaoirhoea. Oleet.or Stricture, and they will certainly cure a recent ease of a mild kind iu thirty-til hoars. These pills are e.jualy beneficial for either an, mild and certain in their rlfecta, ram itina lika a charm all the germ of diaeaat from lha ay item.and leaving tha ceustnnti in in all toe strength and eigorol nnblemtahad youth. trice ti per hot Agents at T> Kaat Broadway, 7? and 100 kulion at., and 171 B oadway. Corner C ainh it at. n,g g??r U/ATCHii: Cl.OCKS, AND JKWKLKY7 lepaireu iu I ihe brst manurr aud war,anted, niucli lower than at aav other place in the cite, at . nmr . u s . U\c ALLEN'S, Importer ol Watches and Jtwely, wholtaa e ami retell. %t lm*r t? Walt afreet, ar> sierra T?K LATE CAPT IRA M O O D Y?Shoaid thi7~nirrtThe I eye of the legal heirs of tha shore named, they i.iav ho ir ol m??w?r i?. DC HfTREST. DLCACHINU POWDlRf-m easts, now laiiuing tram L* chip Roicina, aud for silo by Wee rK.ksWY. It BROOKS, ?| Liberty at MA'ft.H BOA BOARDS.?ttKKi pmiuda.jim icceitedaiT for sals by CtUaaiK ft. BROOKS, tkae SI Liberty at tiAu II e -ui titled e in tea uira.x a*d Jetty, in io,ii?, , <11 thll'lkgl Crfqtt It,ft Hit i ha any % n-a , .ig^,., MR. OU8TAVE MELTON, a consignee by ship litiaa from Harrc. in April iaat, u iaannied to call at tne ottae ad JdlTD * HINCKEN, ail Tontiaa Baildlng a w vo IW YORK, TUESDAY Ml United States Circuit Court. Before Judge Bctts. Much II.? The Somen T.agrdy Tho diacussion relative to the Jurimliction ol the Ursnd Jury in thil caae, wts resume') by Mr. Dubs oh the part of Commsuder .VicKenzio and Lieut. Oansevoert, who addrwiaed the Court as lollows s? I approach this argumeut, if the Court please, with a deep sense of its importance and gravity ; but I am constrained to ad.l, with a painful consciousness of my own Inability to discharge properly ths duty that it imposes on me?a painful conviction that my examination and discusion of the various topics it involves, Irom the peculiar circumstances in which 1 am placed, must be ol necessity, imperfact and unsatisfactory ?unsatisfactory to the Court, to the cliunts, and to myself. This unfitness does not arise solely Irom the defective preparation that the time allowed me has alone enabled me to make; but it results trom teelinirs that, however iuat and honorable in . themselves, are calculated to disturb the calm exercise of ^ my judgment ; and ?o prevent an from talcing that clear t and lull, and dispassionate view of the numerous topjc* i involved in the case, which their novelty and importance, t if not their difficulty, demand. My relatione to the per- t on against whom this principal accusation in directed, are t ol the moat intnna'e charaater. They do not merely s arise from his connection with one for whom from her { birth 1 have felt the aff ction of a lather, and who?e con- c duct during the painful and unexampled trial in which r he has been involved, haa not anly increased my love, t but won for her my just admiration ; but my relations j with bim ai a friend?a friend -? ho, on account ol hia mo c ral and intellectual qualities holds, as he is entitled to do, j the warmest and highest place in my allection and re . gard, are such that it ia im|M>ssiblu that 1 con Id avoid feel- | ing the deepest sympathy with him ami with his. And c lecling that sympathy, it is Impossible that 1 should re- t gard the proceedings that have been instituted against v him without the warmest resentment? I trust a just and c honorable resentment?against the efforts the p.mere- ,j riug, constant, malignant efforts?mate to oppress, and t overwhelm, and crush him?to ellect his disgrace and i uin a ?to blast his fa ne and reputution?and involve him * and his in hoimless and enduing misery. And this indig ? nation is greatly increased, sndjustifiably increased when >, 1 rtfleet on the sources whence these efforts proceed ; a upon the motives by which they are dictated, and the \ agents, Instruments and means employed te accomplish j the purpose. Agents, means and instruments that, under <j the pretext of seeking the public good, under the hy pocri- v .iv<?|n?<?<Nuvi ueaire 10 protect tne uearen interests ] of the people, ore pressed into the unholy service and B ministry ot private reverigu. My learned triced* will not ti tor a moment suppose that in these remarks Ihaveorcan 0 have any possihle allusion to them. They appear here in t the open and honorable discharge ol their duty, and of B their appearance and conduct in the management of th e u case entrusted to them, I have neiiher the right nor the n dis|>osition to complain But to return. The Court will not suppose that it is my intention to dwell, to dilate upon the topics to which I have referred. This is so far Irons t being my intention that I am determined, lam resolved aa fsr as possible to abnn Ion uttd renounce them. I know that i they have no connection with the argument that I am ro- B quired to submit. I know that the considerations cvn- a nected with them cannot with propriety be addressed to i the judicial mind ot your Honor; and I have certainly uo g disposition, instead of arguing the ?a*e to your Honor t to address myself here to the Grand Jury or the public. c But although my Arm resolve is to abstain It om the , discussion ol these painful and irritating topics, yet 1 can- t not so easily dismiss and banish from my mind the reflec- t tious which they awaken and the emotions which they ex- | cite. I am compelled to struggle against them. I shall 1 make on honest etfort to control end to subdue them. But , my consciousness that this etlort will be requisite thro'Jgh- j out the whole ol my argument, and my fear that ( the i ffort may prove UKSUccessfnl, are the circumstances, ; which in a great measure unfit me for tue discharge t of my daty. That effort will, however, he honestly j made. I shill endeavor, us far as human infirmity will ad- t mit, to conduct the argument as calmly and dispassionate- j ly, with as little reference to the character and situation j of the panics concerned, as ifl were an absolute stran- r ger to them,and without being so painfully interested, as I g am, in the result. If 1 have a right conception ol the posi- c tion in which the opposite counsel, my associate and my- t sell are placed, we are not here as the counsel of opposing t parties. There are now no parties before the t Court?there is no question before the Court on which i we as counsel have u right to be heard. Vour Honor has t m en measeu (o cstt upon us, not as counsel, but us your friends anil legal advisers,to give our counsel as to the proper instructions which should be given to the grand jury, in relation to the complaintB which have been submitted to them. And of course we were expected to support the advice which we may give by such considerations, such arguments, and such authorities as we may deem applicable and pertinent. And it is to the discharge ot thatduty? 1 hope in some measure with the leeling and with the consciousness of the res|>onsiliility of an adviser?that I shall now proceed. My duty is to state to your Honor what advice, were 1 placed in your situation,after a careful examination of the law, un l of all the circumstances ol the case, I would myself give to the Q-and Jury, as an answer to tho inquiries they have made. And to whatever result this examination may lead me, however ditT-rent it may bo from the views lormorly entertained by your Honor, or which I may have reason to apprehend are entertained, it is my duty to express fully all the senftai-ms that I have myself been led to entertain. The Orand Jury state that a complaint lias been preferred against Comm inder McKetizia and Lieu'. O -.nsevoort, officers in the set vice of the United States, for the murder of Philip Spencer, and for manslaughter in regard to Cromwell aud Small, aa a necessary or legal result of acta committed by them on hoard the U- S. brig Somers on the high seas during her recent voyage. And the next inquiry is, whetherthev have any right to inquire into the circumstances of the complaint thus made The Coukt?The capital charge erabracea Cromwell as well as bpencer. Mr Duxa?Yes, your Honor, I recollect that it does. It is obvious, however, that this genetal inquiry embraces many questions, and that in order fully to satiny the consciences ol the jury, and to give them an intelligent they are to follow in the discharge of their duty, the discussion should embrac- not merely the simple question whether or not the United Htates ha jurisdiction in any case of offences committed en board United States vessels on the high seas ; but also < whether that jurisdiction ougtit to be exercised in th>- particular case now submitted to them ; or whether they have any discretion, even on the supposition that the jurisdictioa exists, of dismissing the complaint. In other ( worm<*r questions are met* :?wnetnei this Court ha* c any jurbdiction of crimes committed on board of the ] armed vessels af the United State* on the high seas, by I the officers or teamen of the vetaeli?by person* in the t public service ot the government; and, secondly, < whether the Jurisdiction if it exists, is general i or partial ; whether it embrace* all crimes that 1 may be committed by these persons in this i situation ; or whether there it a certain class and 1 description of offences to which the Jaritdi tior. doe* not 1 extend. For il the jurisdiction be partial and limited in I its i* just a* necessary to state the hounds and ' limits of it a* its existence. The question is not merely ' whether thpy ought to entertain tnecomnlaint, but wne- I ther it i? a complaint in reference to which, if the parties 1 preferring it are hetrd, they have a right to indict those I who are accused. And for the pttrpoae of ascertaining 1 the right not merely t j inquire but to indict the parties, the consideration of the extent and limits ol the juris.lie tion of the Orand Jury becomes indispensable. Nor is this all. It may possibly be?although even the possibility I am not willing to ndmit?it may possibly be that your Honor may arrive at the conclusion, that not only the jurisdiction that itclaimed exists, hut that the powers of the court are applicable to tha case which is now belore the Orand Jury, supposing the circumstances ol that case to be such ?sth?y are known to the world, from the numerous publications in relation to them- But still the question may arise if the jurisdiction ba concurrent If a Court Martial hat also a right to inquire into and punish theoffence, whetherthe power ofthe court lie not of a discretionary nature , in other words whether a court whose Jurisdiction is concurrent only, has the right to entertain the complnint which is undergoing inquiry before the other court which hat equally the right to try and punish the offence charged. And it is on these various questions that I intend to submit to the court the views which have occurred to me, and if they should be adopted, vour Honor will find so difficulty in the decision of the question. I intimated, when I commenced myar gument, that the difficulties I felt in its conduct did not at all arise from any sense of the difficulties which It involves. For, however novel, however important in their public as well at tlikir nrivat* tionamay be, 1 mean to be underttood ?a expreatlng my ' Arm mi l deliberate conviction Hint they are abaolutrly > tree from doubt or difficulty. I do not eapect, by the ex- ' preasion of this mere opinion, at nil to convince the mind ' 1 your honor I Mate candidly and openly the purpose ' for which it n made. I mean to proteat in limtnr ngain't ' tha i lea that doubt smut belong to the auhjact, from the < time occupied tn its di?ou*sion. It doe* not lollow that because it i? neceatary and proper, in thedl*cns?n>n which ' your honor haa desired ol the ant J-ct In nil ita hearing*, ' and became I am expected to reply to the elaborate nrgn ' manta of the coanael who i receded mo, that then-lore the * question* to be discussed and Anally determined, are in 1 themiclvea questions of extraordinary difficulty. The < cleareat truth*, the aaoatobvioua and certain trutna, may c be obacured either by the erta of aophiatry or the miata of < prejudice ; and time,and paina, and delay may he required ' to clear away the darkness and obacurity which theae ' causes have occasioned. It ia perhapa Irom theae canaea, 1 and theae alone, that it will be requisite te exa mine, nrobahly at more leng'h than would otherwiae ' have neen requisite, the quaations involved in thia ' cafe. But if I miitake not, the reault of that exami * in .it ion will he that In no caae ever preaented to the con. ' aideratlon of a Court waa the duty of the Court aa regard* ' the nature of the matruction* to he given to the jury more ? clrar, certain, nad imperative than in the present?that ' they have no right to entertain this complaint,hnt ahould 1 inatantly ili?iai?? it. My learned friend began hia argu 1 ment by aay ing that very erroneoua viewa, he had rea?on ! to helieve, waa entertained with reaped to the anb)act-i ol f thia diacuaaiou ? a airange and general misapprehension ' prevailed ? to the nature and extent ol the doctrine w hich < ne nnd hia aaaociate were prepared to maintain on aacer ' tabling the jurisdiction of thi* Court,and that hance it he- ' came necessary to remove theae erroneous viewa, to cor- <1 reel thi r general miaapprehenaion, to define clearly and ' accurately hia potitina. I think the experience of Con greaa haa ahow it that thia experiment of cieAnlrg tho po?l ' 'inn i* one ol all othe-a the most del'cate and hatardmi*. J and that the reault not unlrequi ntly^ia to allow eithei that ( the party haa no position to define, or tliat wbatevar In- < position may he, hia Intautleii ia not to diacloaa, but to con * real it. And in many eaaaa.avan whan explanation ia real < ly tha object oi the party, tha remit of hia abortiua el- ' tortalato lnvolva hia intantiona, viawa, and poaitkin in J tanfold darknaaa and obacurity Wkethar anch wai tha 1 R K H ORNING, MARCH 14, 184 esult of the pffort made by my learned Iriend, I shall tfc ejve to the determination of your Honor. 1 certainly g tad no difficulty, an he originally stateil hi? |?o?ition, in to taderstanding it. His language wan clear and explicit, K ree from difficulty or dauht ; and I believe he was under- w tood by your Honor?by all the couniel who were in ti Jourt?by all the reporters, a* it would appear from the Pi 'eporti of Inn speech which were published, and therefore di nder?tood by all the audience, as expressing one plain g1 tuu suupin i'i"]KU!uu:i ?mt! lounuaiio.i ni ni? irjunreui, ui t however occurred to me, that alter this argument of n( nore than three lioun' duration, to which I hail listened, ti mil which was able, learned, ingenious, as all Ins argu ol Dents to which I have had the pleasure of listening have )r >een ?that this position ol the counsel which he assumed ci is the basis ol his whole argument, was in itself so C (range, ao novel, so monstrous, so opposite to all views ai litherto entertained by lawyers an ) judges in relation to tr he jurisdiction and power of couitsof the United States B m?l courts martial, that it was hardly possible, although c< lis language was plain, that it could have been his Inten- m ion to rest bis case on that proposition, and hence 1 was ag ed to mikothe inquiry. And here let me see whether ai ny statement of it does not correspond with the recoiler. yn ion ol the court. I understood him as asserting distinctly Ju hat a court martial has no jurisdiction to ti y and punish pi lu otttcer or seamen belonging to the nary of thcUnited rt States, lor any ctime on the tugh seas, which, if it were a lommitted by a citizen, the Cir uit Court w.'uld haven ci ighttotry and to punish,on the ground that its jurisdic- dt ion over such officers and seamen is co extensive with its ci urisdiclion over citizens in private vessels. I asked the to lounsfl, then, at the conclusion ol his argument, is this C< rnur position? is this the argument lo which I am to re su sly, and, if possible, refute? It then probably occurred lo gi pni that his position would lea I to some very strange 01 lonsequences, and lie was then doubtless led into a new , m ain ol reflection?that it that position were adopted there ' in vhs hardly any jurisdiction that would be leil to be exer- ' al iseil by a court martial, and tbat the effects ot bis t sr loctrina would lie as fatal an l as ruinous, not only ' cc n the discipline, but the very existence of the navy, J of s it was possible lo imagine. Ami what was the re- I ju ult? On the followi lg day he abandoued the position | re f the lormer day, and gave a new explan ition of j N lis argument', a new explanation of the views which ho i ct nd h s associate meant to maintain, and nine lenths of w ..I,?t i... i .... .1,,, a... n ...... i.. I ... .................... .... V. iiapplicabte to what he ha I Atateil lie ore the Court at his it octriue. Tbeelt'ee.t and consequence of the concession vt vhictl was thus made, I shall hc.ea'ter proceed to exam- n> lie. I now merely allude to the fact that alter uh elaborate It' rgument of three hours in which the counsel began hv de- tti iumg his positions, he yet tound i> necessary to introduce tii n the 1 illowing day a modification of his lormer propoii- C( ion,which in a gr. at measure rendered his arguments and at uthorities inapplicable to the case. It ta imposshle to de- th ly this, or if denied, I hope in t ._e course of the argument sa nost inconteatibly to prove that it was so. 01 Mr. Butlxr?If you? at Mr. Duer?Let mo go oh? you caa explain at another lit ime. ia Mr. Butler?My learned friend, if it please the Court, to ntcrrupti-d me several times in the course ul my argument th n-1 I did not ohjuct. I do not mean to lollow hi; example, at ind I would not interrupt him now, hud he been present bi n Court when I made the additions to my argument. We w ill understood the observations made by my learned friend la hat his present position is uafavoraUleto the maintenance a> if coolness and composure, and therefore 1 shall not be di- st rertcd Irein the simple otjrct 1 now havo in view h iy any exhibition of feeling on hia part. Now 1 appeal g o your honor whether, on Saturday morning, in the addi- c ;ional remarks 1 then made, I conceited or admitted ttiut I a tad varied or changed, in one jot or tittle, the original t) rronnd on which I placed myseli. If I did so vary, it is H or the court to show it. If I did vary mv position, why H lertainly counsel is right in showing it. But the learned d (cn'leman just now, in addressing himsell to this part of A he case, assumed that I had. But the simple fact is this? tr Viter i had concluded my argnment, my learned friend, in ei he lamiliarity of professional intercourse which has har- pi noniously subsisted between us for more than twenty si rears, amd whhh will, I trust, continue so long as we a; nay live, asked me for some explanation of a part of my w .rgument. From my state of exhaustion, and other cir- ct :tiinstances which occupied my attention, I was unable fli o give any other anawer than simply to say that 1 u| hnught I had made myself sufficiently explicit on ci hat subject. Now the learned counsel wishes it to be tf uiuerstood, and evidently wishes to make that impression, ci hut in cons- queuce of that suggestion i reflected over the tr asp for a whole night, and then came into Court on 8a. ci urday morning ami made a concession, which disposed of c line-tenths of my argument and placed mys? If on an en- I< irely different and new ground. Now if the Court please, b [ ilid not place myselfon different ground at all I slated at tl he outset, uud the report ot my speech, oj which I did not h tee a *yliable until it war in print, shows that I gutrdthat a I did not claim that the Circuit Court or any other Court o if the United States had jurisdiction since the act ol 1800 rr )ver offences which were peculiar lo the naval code? c which grew out of violations of discipline?of du'y?of- ai fences, in fact, of every description growing out o. that tl code. sc Mr. Dukr.?It not the counsel going beyond tho mere it prrpocrof eg/. Inn at ion l et Mr. Butlss proceeded?What Isaid on Saturday came in lirrctly within the principles I lai I down on Fri lay morn. hi ng, and what I then intended to offer, although I did not te date it fully as I was induced to do in consequence of the tb luestions put to me by counsel, and Irom witu li I saw that of te labored under an erroneous impression. But 1 am not ri it all to be understood as varying a single point of the poti- te ion I assumed on Friday. at The Cou kt?I think it is nlmisihle in the course of the of irguinent, ior counsel to offer explanations in reference to W my erroneous imputations. Bu' us to the conclusions to ot to drawn from statements one way or the other, they are th >1 course not admissible. nc Mr. Bi'tlss?Certainly. It is only to elucidate my for- di ner views tha' I now trespass on the time ol the Court, yc ind to correct the misapprehension into which the coun- of tel had fallen with respect to them. I affirm, ami my gc earned friend knows, that] would not In these citcurn- hr itanccs affirm what is not true?that there was uetbing ci iresented in his question that was not familiar to my asso- w tiate and myself tu The Couar? I must remark that in such elaborate argil ei sent*, covering, as they do, such extensive ground, conn- ci lei may be very likely to come into collision, and as it th voul 1 be exce< dingly inconvenient to allow interruption! M luring the progress of the argument, you will proceed, d? herefore, without further interruption, and let all neces- ox ary explanations be made afterwards. or Mr. Di'ca ?I have only one observation to make in re si fard to this explanation. I mast now admit that his views tic m Friday, are the same as those which he ex- tu jressid on Saturday, nnd it merely follows, that although pt lis views were clearly entertained by him, he only omit- 8. :ed to express th< m. Because I venture to assert that the er explanation of his doctrine as given on Saturday, was not to it all to have been anticipated by those who listened to tie him on Friday. But to return to the opening of my learn- cr i*d Irion:, Before he commenced his argument an opinion ni had appeared in all the papers in the city, given by that ui eminent juiist, to whose charaeter, and to whose services ei and writings, no lawyer can ever permit himself to ai refer without some expression of his gratitude and ri veneration- That opin on was most explicit In denying oi that this Court possessed the jurisdiction which was d claimed for it; and it became of the utmost importance to h the Counsid when speaking of its probahle and almost ji certain influence on the mind of your Honor and the 7. Jury, to attempt to controvert t. And hence he thought L it necissary to impute to this venerable man, this jurist ? whose experience, whose learning, whose entire know- b ledge of subjects paiticularly connected with the Consti- r tution 1 law of the U. States, are admitted and esteemed G hy all?he found it neceisary, I ?ay, to impute to him one A of the most extraordinary mistakes into which any law tl er,endowed with ary knowledge of hia profession, or any d modicum of common tense, could ever have lallen. He r knew that it was necessary to say something to get rid of tl the effect and operation of this opinion, and hence his im- p potation of this error to Chancellor Kent What is the tl illeged mistake' What is the error, theomission of which C is, it seems, to destroy the whole authority ol his opinion! ir Why that Chancellor Kent supposed, that some doubted o he jurisdii tioo of that Court?that it waa universal,exit n- jn led te all crimes anil offences committed in the army 01 ind navy, even when necubarto the naval code, and de- lj ivfng from it alone all their criminality- And hence it m was supposed that he meant to comhut this doctrine, nnd ul o that was all the argument applied Is that possible 7 I hi isk your Honor, i< It possible, morally speaking, thut di Chancellor Kent could have attributed either to my learn pi id friends, er to any man of common sense, this extraordi e<] liry doctrine 7 Could Chancellor Kent have supposed ec hat any one w ho hail read the primes act of Ihno could en- tii ertain such a doctrine 7 To think so would betoattri ar xcusable blunder. Let us, howt ver, see what the doc- th rine now entertainrd by my learned friend is It ia that n< he Circuit Court ot the United states haa exclusive ju- m isdirtion of all crimes committed in the navy,except those to vbich are created hy the naval code. Mr. Dtier then pro- Rr eedi d to contend that if the doctrine be taken in it" unli cr nited sense, it would tend to the utter destruction of the co in vera men t of the navy ; and it, on the other hand, ita nt enee were extended. It waaa loctiine which could never w >e applied to the preaent caae. The large and liberal con- R; t ruction of the doctrine, he contended, implieo that the th rery offence with which Commander McKi ncie was Rr tharged, came within the limitation hy which juri-diction th if offences ((rowing out of the naval code waa p, onfined to naval courta martial. Let ua aee how (n ar the oplniona of Chancellor Kent borne out it >y the oplniona of Lord Manafleld, in tba caae hr 7 Su'ton va. Johnson. Commodore Johnaon, of the Bri. th ish Navy, had preferred charges against one ol the Cap- w <iina of the fleet under hia command, (Capt. Sutton) for ty lot having on the ocraaion o( a battle,ana wered and obey- w d hia aignai todraw near and engage. The case was sub- w nittf d to the Court Mar ial, who, vf'er a patient in vestiga- th ion of thechargea. pronounced them utterly groundleaa, |R ind ofcouraeacquitted Capt Sutton. Capt. Sutton then ot natituted a ci'll auit against Com. Johnaon, for defama- th ion ami Hamugea. The caan waa committed to the jury aRi ifter argument, and they found a verdict for the plaintiff, eo ind gave damages to a considerable being their * j ipinion that Com. Johnaon had been instigated hy malice R? n preferring the cbargea. The caae having bein Co lecnled, a querr wia entered upon file record^ by thn de thi endant himself, w hether * civil court ought to have ju? ro iadictioii in the rase. Thia question w aa fully and ably ms liacuaaed. It i< sufficient to say that the judges decided ?,,, hat the Court hod jurisdiction A writ ol error waa then v* ironght, fl st to the Court of Exchequer, and ultimately ?? o th* House of Lords Lord MansAeld decided that Com R|( luhtiBon w as not legallv dealt w ith in being tried by a ihi nvll tribunali that he was liable only to tie tried by a (,r, ourt martial; that the Judges h?d decided on what thes 0f iad nongbt to do. Inasmuch as Com. Johnson waa in the $.< tupeclty of o Commander in the Navy when ho pre- c ired the charges, and waa consequently without the f,? iirtadlction of civil tribunals. What, continued Mr. co Juor, ia tho language of Lord Manaftald, In rolatlonto it ERA 3. ie affuirl I ahall not enlargn upon all the pointa iven l>y him, hut only upon auch as aro reinvent i tho caae in point. Mr. Duer then read the following xtracta from the opinion ol Lord Mum field :?" The iadom of ag< a haa (ormed a aca militnry code, which in in^laut reign waa collected and digested into an act of lumnirn. .lie ui cone i?, mm me uty of every man m the fleet shall lie prescribed and reu luted by rules and ordinances adapted to sea military iscipline; and that everj man in the fleet lor any oftencu {uimt hn duty, in that capacity or relation, shall he ted by a Court Martial. If a man be charged with an fence against the articles, or where the aiticles me ki nt, against the usage ut the n ry. his guilt or innocence in only be tried by a Court Martial. A Commander-m hief has a discretionary powsr. by this military code, to -rest, suspend, and put any man in the fleet upon his ial. A Court Martial aloue can judge of the charge, ut thia military law hath foreseen, that though it is neisrary to give superiors great discretionary piwer, it ay be abuird to oppresiion; and, thereforo. has provided {must such ntiuso by the 33 1 article. A commander who 'rests, susp rids, and puis a man on bis trial without a 'ahahlt cause, is guilty within that article; but the same risdiction which tries the original charge, must try the ohalile cause; which is in ett^ct a new trial. And every ason which requires the original charge to be tried by military jurisdiction, equally holds to try the probable use by that jurisdiction The salvation ol this country *pends upon the discipline of the fleet ; without displint they would he a rabble, dangerous only their Iriends, and harmless to the enemy.? omtnanders in a day of battle, must act upon delicate ispici >ns; upon the evidence oftheir own eye; tliey must ve desperate commands; they must require iimtan taneis obedience, in case of a general misbehavior, they nsv li" fcsv,i.wl rneiioml Aurl oiti nttirero Qtisl railt n(hi>rq their places A military tribunal m capable of feeling 1 these circumstances, ami understanding that the first, cond, and third part of a soldier, is obedience. But what indition will a commander be In, if, u|ion the esercising ' his ?u hority. he is liable to be tried by a common law dicrMire?" Tho learned counsel made some pertinent imarka on the terms of this opiuion, and then proceeded: ow, had not the counsel made an omission fatal to the use? Does not the language of Lord Mansfield apply ith peculiar force to the present case? Now, let us ask, hat is the accusation with which Commander MeKeniie charged? Is it Irom motives ot private malice and re sngn that he murdered Cromwell aud Small/ Is it eant, that in the exercise of evil passions betook the res ot these innocent men?without a charge against em ?without the allegation ol pretence lor their execu. an? No; this is not maintained. The allegation is?he inducted the execution us the commander ol the vessel, id in the discharge ol his duty as such. The question ien arises, what are tho duties of a commander ot a vesi ? His great and paramount duties, above all other sub dinate duties, is the maintenance of perlect discipline nong the crew, and the efficiency of his vessel lor pub b service. What, then, is the grand duty when the new in an insubordinate state' To adopt such measures as reduce to obedience the crew. Now, let us suppose tut a commander has reason to believe, and does believe, id has plausible grounds lor believing , that a mutiny has sen planned on hoard his vessel, and he arrests some hom ho suspects?he believes mutiny does exist?that irge portions of his crew are implicated?that have been duced and corrupted so as to have bwcomo willing iniiumeiitsot the atrocious ringleaders already arrested? n finds it necessary to arm his officers uud himself to unrd the prisoners, for fear of a rescue, which he has ause to apprehend - his crew ire in such a state that if n enemy had appeared he would not have dared to entrust lem with arms to perform their duty to their country low, under > ueh circumstances, is a commander to act? in must clearly adopt such incisures as to quell and reuce his crew to a stutr of obedience and subordination.? .ml in there nit an express provision of the constitution y which commanders who do not use the most strenuous tertion to suppress a mutiny, are triad lor cowardice, usiiiiiiiiniiy, ina wain 01 moral courage. lor wuicn mey tall be punished with death 7 Now, I ask, does not this >ply to the apprehension of a mutiny, the exiitence of hich is to a certain extent certain 7 la there a stronger tie, Ia?k,to which the emphatic words of Lord Mans:ld apply, when he says, " discipline of service depends pon the authority of the commander, who acts oa deliitesuspicion, on the observation ot the senses, not on stimony of witnesses, which could not be admitted in jurts of Justice?" It does apply with ten timus the force i an appn hended and expected mutiny. What are the ircumstances which lead a commander to believe that bis rew are in a state of insubordination 7 They are words, joks, tones and gestures, motions so trifling as scarce to e recognised, but which are sufficient evidence to him of tie discipline and state of lii? crew. He orders a sailor to is duty ; the sailor scowls at him, but obeys. He orders nother to some duty ; the sailor mutters, and siow.j beys. This is no positive act ot insubordination, hut bis tanner has chungrd, he has lo-t bis promptitude, his In cr ul manner. Now, all this would not be admissible s ev idence in a court of justice. And is it not the duty of lecommanderin these circumstance'', acting utiderthe ilemn consideration ol serving bisQjd and his country, is not his duty to restore that subordination be has so ridently lost 7 I will not pursue this subject fatther, and deed its interest to the individuals and to the public, as compelled me to dwell longer upon it than I had in nded. I ask, then, if this principle bu uncontroverted? at where an act charged as a crime, committed by an fleer or seaman in the Navy, involves a violation of ortial duty, and if it depends upon the justification or the inrpretation of the Naval code as to the extent of whose ithority the case is never to be the quest ioti enquiry and punishment in Naval Courts 1? rith these objections I might dismiss tliiscase. The ily instruction to be given to the Orand Jury, en is-Gentlemen, il it appesrs to you that this was it an act of minder and ol \ rivate revenge, but in the srharge of his dutv as n Commander of the vessel, tlirn >u are not to enquire it he was justified iu hit) exercise authority, legal or othei? ise; lis not for you to know, stitlemen, that it wai as Commander of the vessel thut j claimed toperfoim the act; ttiat the act under tbo rcumstance? supposed to exut, was justifiable, or it it as one to w hich the authority of a CornmHnder extendi, ' law protect! htm in it. The protection ol the law ja colt naive with the limri ot authority ; although the prinI le which my learned friend* have contended tor, with is extraordinary exception in the caseol Commander cK- nzie, might well excuse me from the fur'hi r consi -ration of their argument. Yet I am not justified, called 1 as 1 have lieen, to offer my opinion to your Honor i all questions, in shrinking Irom further discusin. I shall now proceed to consider the q-sea>n under two hea-is. First?What are the constitional powers of Congress in relation to trial and inisbment of crimes and offences in the army and navy 7 condly ?In what manner have those powers lieen excised 7 In conducting these enquiries, I shall endeavor establish for propositions?that Congress has power unt the constitutional i revision and limitation, to make all im<-s commuted by persons in the army and navy, pushable by Courts Martial. Secondly?That Congress ider express provisior s ol the constitution, hss power,, to punish the commission ol murder in the my and navy, by Courts Maitial. Thirdly?If the jus liction given to Court* Martial he not exclusive in nil uses, it is so in all esses that aff-ct the government and tsciplineof the navy Fourthly? Suppose Courts Martial ave concurrent Jurisdiction w ilh the Circuit Courts, this irisdiotion cannot be cxarcis-d as to Commander McKenle while on trial by a Court Martial. Filthly?That ieutenant Oansevoort is mlly protected by the command i his superior otticer. Lastly?That if the jurisdiction e confirmed, this eourt has a discretionary pour?and in the exercise of it should advise the Irand Jury not to en' ertain the complaint l court martial exercises its duties in the same manner jat your honor does. It is not only a judicial power, hub erived just as muchfrnki the constitution as the civil ourts are It appears that the judicial power to which an article relates, is a power having the samo extent to unish as the U. 8. Courts. The question is not whether jo court be an in'erior or superior court; the u. States ourt has no jurisdiction. That a court martial ii not an iferior court is not uecessary to remark or comment u|>u In the higher courts, the constitution provides that idges shall be appointed, and that tliry shall hold their dice so long as they are of good behavior This evident - cannot apply, therefore, to courts martial. IT courts urtial are to he Considered inferior courts, then they are Iterly at-olnhed, and every court martial that ha* been ?ld since the adoption of theconstitu ion to the present , iv, has of course been illegal. Am I nut riiibt, plainly, ilpahly right 7 Is there any limi'ation 7 Does it not |ually apply to the whole 7 What is the result of thl i instruction 1 That officers that are tried by courts maril cannot be under the juriS'tiction of theU. 9. Court, id are consequently not liable for their transactions to be ieil by them The constitution has plainly (pacified that e U. 9 courts shall have Jaiisdiction over all crimes ? > limitation is made herewith ri Intion to the army and ivy, because in another portion Congress is authorised make all necessary provisions lor the government of the my and navy. It the U. 9. Courts b?s Jurisdiction over imps committed in the army and navy, would not all mrta martial he aboli-hed 7 And if not, why should they it be uboli-hed 7 They should not be continued?it ould he ansnrd and farcical All subsequent provision* ? subject to limitalioi, to the Mine limitation us e original grunt". Wo now see that the instruction* e not confirmed hjr subsequent article", (or nnle?? it i? e opinion that the judicial power "hall extend to all mrti ol the United Statxs, there is nothing leta than saygthat Martial Law mnat be entirely out of the question, i* necessary lor the cotin*el to "how that ?uch caie? i?e ever been under consideration. The argument of e oppo'ite cotiniel wat, thHt murder on the high aeaa n* according to the old English law under the admiraljuriadlction, and that tha law* are "till In force, tlurh h" the law prior to the reign of George II , which a? previou-to the adoption of law* to govern exprea*ly e admini?trntion ol justice in the army and navy. If the w i? that murderon thehigh semis punishableby court" admirality and maritime Juriadlction, then nil crime" at are committed on the hi^h aeaa mint he tried by the n?e source. The intent of Congress v* ax, not to give thi" urt the entire jurisdiction over all crime" committed thin the jurirdirtion 01 the United States, but only ?uch were committed out of the armyand navy. Althougli the urt of Admiralty waa at ill in Wing at the adoption of a Constituion, "till thejurifdiction over all crime" was t exercised by them. The power was limited in the inner before stated. I do not intend for one moment to r that it ianotin the power ol Congress, at any time, to at the Jurisdiction ol offences committed in the army I navy in the civil courts. But I do ?ny that they mu?t er the |<w us it now stands. It will, however, ur said at to support the Jurisdiction, we mu?t And some special ovisioii ol Congress, to imply a ieatriation ol the power tha courts. It there was no other provision, then, the t Courts would have jurisdiction But tha pi o visions ol the >natitutiou em [tower and require Congress to make rules r the government of the Army and N avy. The learned ansalhaaaaid that they had no right to moke Crimea. But weald ha absurd if Congress had tha powsr to make LD =======s==^sgg3a?i fn* tww Ctatt. rules (or the government of the Army and Navy, end I |>ower to punish. to sty that they thoulil net make crimes. Confirms hat the power to legislate upon the whole subject. and it i* necessary Jfcat the power of legislating upon the subject should he given to Congress Congress has power to say that a certain deed, committed by t member of the Army or Navy, shsll be a crime, and that the sxrite thing done within civil jurisdiction shall not be. They may say that mmder in the Navy shall not be punishable, hut that a lesser cilmo shall be punishable by death, although n common citixen who commit! the same offence shall not be punished; they have^ every nunc anj power to max requisite ana appiicnme I But although they have unlimited rawer it is not neceaI aarily unlimited. They hare a riant to create tribunal* 1 by which nil cases shall be tried, ifno relative law* exist. otherwise their power would 1 e rendered nugatory, unlest there it a cluuia to allow them to give jurisdiction to other Court*. Suppose that they had said that all arimee should be giveo lor jurisdiction to the V. S. Courta. Congress could not, without conformity, maka lawa Now. said Mr. D 1 content, if the constitution haa givea juriadiction to the U. S. Courttov?r cases like the preeent, K is unlimited) they have u right to judge every crime. Now, it it he true that the term all Crimea includes an* chic, why should it not all cases? I am at a loss to discover. 11 the fratnera of the constitution had thought it ueceraary to give general crimes to the United States Courts, except those in the Army and Nuvy, Congress haa the power to punish crime on the high seua. Suppose it was thought heat by a court martial tc punish a man who had committed tome ottence, by hanging him at the j ard aim, could they sulj<ct the person t.i trial by another tribunal ? Certainly not Congress has the tame power to make laws whereby captains in the merchant service shall be tried by certain courts, and the captains would lie hound to obey, and to he tried by them. H ive they any power and right to say how t h y shall be ti ied I So! The Constitution has given jurisdiction in such cases to the Civil courts. The tei ms implied in the Constitution ere, that the power to regulate tha army and navy shall he given to Congress. My li i' nd, the counsel on the opposite side, has always been considered as a strict oonstiuciionist ol the Constitution . but it seems to me that in ths present case, he has given a construction that was never before made by a politician and lawyer. (Laughter) It has occui red to me, that I could best illustrate the liberal manner in which my friend construes this article ot the constitution, by annexing His restrictions to the clause in question, which would then rea l somewhat thus:?AH crimes shall be tried and punishe I, except in cases of impeachment, by a jury, except such ci imes as shall he committed by persona in thearmy or navy, which shall not be known or punishable as crimes at common law; or shall involve a breach ot the discipline of the army or navy ; or of the allegianee which such persons owe to their superiors; then in such eases such crimes may be tried by courts in 11 tin I, without a jury, provided, moreover, that in all such cases the trial shuil he neld on the h>gh seas, or w ithout tha t> rritorial jut isdiction ol the Unite.d States ? The last clause of the constitution it is next necessary to cousi ler. (I shall consider it briefly, as I have nearly concluded the consideration that I intend to bestow uran that branch of the subject.) It is the filth amendment.? It seems ns though Coligresa bad given to citizens the right of trial by jury, j et bud it not bat n secured by an extra provi-imi insuring that a presentment should first b? made by the grand jury; (or the fith amendment provides that no person shell bo tried without a previous presentment by a grand jury, "except in cases occurring in tin land or iikvhI force, or militia, when in actual service, or in time of public danger." Does not this confirm the principle that I have been endeavoring to maintain ?? But though this example does not show what has been done, the acts of Congress will show it. They saw that by the previous portion of the aonstitution they had been given light. The amendment throws some light upon the sul ject The counsel has told yon that there are coses that cannot he tried by a court martial. But tho constitution does not hear him out in his assertion.? The counsel admit that certain caaes may be tried by Courts Martial: but others,he holds,can be tried only by a jury. But Congress did not think to; tor they made the exception of all cases occurring in the land or naval forces. Mr. Butler-?" In time of war, or public danger." Mr.Dur.K.?I shall not insult the reason ot your Honor or the public by replying to such an argument. Let as see ior a moment what would be its efl'ect. Mr. Bl'tli h said something w hich we could not catch. Mr. Duxa.?Oh ! I have read an argument by Mr. Spencer on that subject in the Jf/Anny Jlrgui. Mr. O'Conivoa.?Do you mean to aver that that was by Mr. Spencer? Mr. Dcer ?No, 1 dont, I beg your pardonMr. O'Coavon?Vou should beg Mr. Spencer's pardon. Mr. Uur.H.-1 beg pardon of neither of you?1 beg par. don of (he Comt. I imputed it to Mr. Spencer?I thought it was his style?it was quite an able arguaaeat! [A laugh.] Mr. Sutler ?Vou mistated the argument. Mr Dcbk?ll so, I aiu subject to correction. The universal construction of the woids "public danger " is that they apply only to the militia ; who aru not ordinarily tha subjects of martial law at allMr. Butlsr.?It was to meet the very difficulty under which the connsel labors, that I effered the explanatory remarks on Saturday ; and stated that although in the judicial and legal construction of the worda they applied to the land and naval iorcee, aa well as to the militia, vet that the public danger there spoken of is any exigency or emergency arising in time of pe ace, as well as in time of war, which renoer* it necessary to hold a Court Martial. Dr. Dues.?I am glad that tha gentlemen has given this Interpretation. It is entirely novel I thought if any terms were free from ambiguity those were the terms? " Public danger" means toot state of things authorizing congress to rail out the militia in the imminent peril of war ?that is the only limitation of power here given?but the terms 'public danger" am now to have a new construction. In order to sppl> the limitation to land and naval Torres a "public danger" Is supposed to exist wht-n a court martial is convened. I hardly know how to reply seriousiy to tlii*. proposition. Although no exigency whatever affecting the public inti rest may exist, j et the danger ia to be inferred Irum the calling oi tho court martial, and consequent ly the very state of things exists which authorises the ti ial of an officer by a court martial, and not by a jary trial- 1 am not surprised that such a construction should involve my laarned Itletid? 1 will not use terms which imply disrespect, but I will say that this construction involves him in propositions which if not advatneed by him as counsel, but as a priva'e individual, would excite doabtsas to the aotindnt as of intellect which we have all known him to possess Mr. Butlrb.?You have changed the satire collocation oi tne ? ords. Mr. Duaa.?I believe you have not gained anything by your inteiruptions, and I will leave all that to my associate. [ifere Mr. Duer stopped apparently much exhausted, and as it was now uesr ihs hour of adjournment, begged to be excused Irom proceeding with bis argument. His rri|iieat u as granted, and the court adjourned till this day at 11 o'clock ] ( ommon Council. B"afn op Albcsmrs, Monday, Msrch 13? Present AlI deiman Woodhull Tresident in the Chair, and Aldermen | Bain, Underwood, Martin, Jones, Croliua, Smith, Oednay, Leonard, Turdy, Hatfield, Carman, Stewart, Davies, West, and Las?1# A numb' r or petitions were received from citizens far public hydrants in various parts of the city, which were referred to the Croton Aqusduet Committse. Alderman, ot tlie Croton Acqaeduat Commltteo stated that all their prayers would he granted in a few day s, as the Committee were making arrangements for that ptir| oac A p? ition waa received from the Recorder end Judges ol the Court of (General Sessions, to conntiuct a ventilator in thn Court Room, Ac?roltrred to Committeoon Re. pairi. A petition from Robert Cretamic. confined in priton (or non-pa) ment ot line f?r driving a cart without license, for releaae, ? u referred to the Committee on Police with poo er, anil tent to the other bovrd for concurrence. A petition tii received from Fire Ei:giu< Company,No. 97, ituhanded at the I a at meeting, for reatoration to the department?n frried to Committeeou Fire and Water. A petition (mm Peter A)mar, recommending an alteration in the Croton Water Department, wea referred to tbo Finance Committee. A petition from M ijor O neral Sandfbrd, aaking for the gate of the Park, on Chatham atrei t, to he enlarged so aa to ai'mit the military in in broken front nhrnparaing through for review, was referred to the Comaiittae on Land' end PIbcca. Caoui't presented a petition from Committee of Trurtree of Public Schools to construct a Primary School Houae on the triangular plaee at tka Fire Points. AMciman Oioarr moved that it bo referred to Cemmittee on Landaand Plucev Aldrrnrnn CaoLiua objected, and hoped that It would he reierred to Committee on Arte, Sciences and School*. Alderman Oio-it obj eted, aud aaid the property dearr* ml ? it not only a " place," but It era* " lend." The motion waa loit, and the petition was referred to Committed on Arta Sciences and Schools. The r omml tee on Wharvea, Piers and Slips, to whom waa referral the releaae r f the whart foot of Dunne street, to the New York, and Erie Railroad Company, reported in avor. The aame Committee reported In favor of deepening the slip between Dunne nnd Jny at root a, to aevan teat below low water mark. The Lamp and Oil Committee, to whom waa re/erred the matter of lighing Wast Broadway with gas, reported in f avor of the measure. Alderman Smith aakrd how the Committee could report in tavor of thU measure, when they had reluaed t-> light Ea?t Broadway. Alderman L*r laid thaonly reaaon that he could davine, waa that Weat Broadway wav on the weat aide of the town. Alderman Wgar aaid that no application had heen made for lighting on tha Haat aide, eacept that of East Bros dwar. . _ . Alderman Jovra aaid the Company abov# Orand (treat had nothing to do with lighting lielow. and therefore if C ?'t way had not been lighted, it waa not tbo fault ol the Company that ?upi?lied ga? be low. Ahl.u man Pnaor nai 1 tbu* he had on objections t* the gentlemen from the Fifth ward for supplying himself with g?a, (although he needed none,) yot bethought that Eaat Broadway >h?uU a No bo lighted. Aldarmnu Lag moved to amend by inserting East Broedway. Alderman Balis said there wna no auch vtreet as Wast Broadway, and he moved to refer tha retolution back. Alderman Jontv moved to amend by addirg the name of Chapel at reel, whieh upon reeding the rgyiluuen It waa found inserted Alderman Oanscv moved to amend, by adding Bprtng street. Alderman Balk opposed tha amendments. i j-agro a. The amendment to add Bast Broadway was deftmtH,

Other pages from this issue: