Newspaper of The New York Herald, October 22, 1847, Page 1

r' THJ V ol. XIII. No. !iSO.Wht!c No. 49S0. The I'roteitant Eplacopal Convention?The House of Delegate*. FOURTEENTH DAV. After the usual preliminary rellgiom services, the minutes of yesterday'* proceeding* were read apd ap- : proved. Mr Whir i o.n would like to have hie honorable oolleague state whether the principle involved in hi* Brat proposition w?s not precisely the name as that of the canon proposed yesterday by the gentleman from Vermont ' It ho. would it not be batter to call up the canon? Mr Inukrholl. replied in the affirmative. Rev. L)r Koubki begged leave to be allowed the prlvllr^n of ufT'ring a few remarks. A point of order was here raised, upon which the ohalr stated that the minutes were In error, and that the proportion of the gentleman from Maryland, (Judge Chambers.) was properly before the house. Am essage waa here received from the house of bishops stating they had passed a resolution that evidence of the election of the missionary bishop of the Northwest Territory to the Episcopate of Wisconsin having been laid before them, they conourred In the same and gava it their acceptance. r*7 Also, that this convention, the house of deputies concurring. would adjourn ?inr die on Wednesday, the 37th of Oct. Inst. K*v |)r. Fohuk* then proceeded. He thanked tho gentleman who spoke yesterday for bringing the caa? of the dloce'e of New York directly before the house lie concurred with him in regarding this matter as the great business before the oonv?ntion. He rose to respond to the proposition of the gentleman from Pennsylvania. He hoped FOmo course would be adopted whioh would l>riog the question directly to a vote The diocese of New York felt that they were in peculiarly trying circumstances. It would be presumption in any one to suppose that they could hit upon a plan which would meet the views of all. He submitted his propnsit|ou not without somo misgivings ; but it was a manly proposition, and re,)re*euted the views of a large number of the clergy of the diooese of New York. He proceeded to ahow that the diooese was not vaoant. They had in the ohurch three modes of punishment?admonition, suspension, and degradation Degradation unquestionably stripped the bishop of all his power* But did juspeusion do the same ? If so, they had two identi c-tl modes *f punishment. It was contrary to all rules of common sense, reason, and law, to have two modes of puniehment precisely identical. Suspension In its very term, lie contended, precluded the idea that it voided jurisdiction Ho knew that the aucient canon law of the church would be brought forward to prove the contrary ; but the cases referred to under the undent canon law contemplated a perpetua suijieiuio, amounting, in fact, to degradation. He believed that the dioces ! of New York was not vacant. This being conceded, the seutence upon the bishop was null and void. The Court of Bishops simply declared him " suspended," without qualification or limitation. Besides, no removing flower existed. He liad been told that it wu a universal ,?r everywhere that suoh a suspension, without limitation or reversary power. was null and yoid. He was aware that tin should be told that there wero cases in lnodera times of suspension voiding jurisdiction. Such oases were always qualified M " indefinite,'' or "limited," an in the other rase alluded to. Tho BUhop of Rome wur a souroe of completo power. They bad no such huthori'y in the Episcopal Church Henoe there wag no analogy between oases in the ohurch of Rome and the Episcopal ohurch. He oonld bring forward abundinco of cases of su?p?nsion, but they were always quailtied. If cases should be found apparently difficult, he aopreheud?d that they would be found to be civil disabilities and penal ties, meaning not to degrade, but displace f>om office. They had no such oivil power in this country He concluded, therefore, that there were no proper power* in this country which could pronounce micli a sentence as had been pronounced upon the Bishop of New York, a?d he believed that if the bishop had seen fit, notwithstanding the sentence which had been passed upon him. to continue in the full discharge ol hit duties, that the great body of the clergy would have supported him in so doing. The point to which he desired to bring the matter was this?that it was properly and fairly a question of compromise Hi" proposition might possibly meet the difficulty. He would now state It. It was, that in the present, acd In ull future cases of a like nature?cases of suspension unlimited by time, and independent upon auy condition? Much suspension should expire after a period of three years, or at tne meeting of the general convention next subsequent to the passing of said sontence. Hn would not Im the instrument of bringing before tho hou*e such a proposition if he did not beiievx it to l>? just and applicable to all oases which might arise in after time. Was not threo years' suspension long enough? Suspension was intruded not to degrade, but to reform the tnan Suoh being its object, he eontended that three years were, long enough -long enough lor humiliation aud repentanoe It was long anoogh for any mm to endure sunh a weight of shame and degradation. It was long enough ior any man in this short lire of theirs, especially tor one in the deoiine of his years. The proposition had the sauotion of the anoient church, and he believed, if adopted, would bring relief to the diocese of New York and their suffering bl'hop He knew that some sxid their confidence in the bishop was gone, and that his influence was destroyed. He was not ?mong th'e-e who believed the bishop innocent; but he must b? guided by some principle, and ho could find no better principle to guide him than that of the church to which he belonged The latter clause of his proposition was introduced as a conciliatory measure Mo would only, Vfore reading the proposition, commend it to the favorable co islderntion of thu memhnrs of thli lmm? II. thru read an follows: Resolved, as the senio of this house, that la all casei of sentence of suspension from the ofllce of bishop, or from the performanca of any episcopal or ministerial duty?if the judgment or order of the oourt or tribunal doe* not appoint a time, or epooify condition* for the termination of the suspension, it shall, as well in the case of any sentence at present in force an in the oase of "'I future smtences. be deemed and taken to continue to the end of the session of the general convention nest after passing the same, and no longer. Provided, That a majority of the convention of th.i diocese of Mid su? pended bishop shall not, at the first ensuing session of that body, disagree to and dissent from the exercise, by Nunh bidhop. of his episcopal duties within said diocese Rev Dr. Hawks rose to a question of order. He wished to know whether anything was before the house. Tie feared their business had become confused. They had no 1?*h than four papers now before them. In the first place, they had the abstract proposition of the gentleman from Pennsylvania; secondly, they had amend ments to that pvopo'ltlon. offered by the gentleman from Maiylmd; thirdly, they had a canon from the lion, gentleman froin Pennsylvania; and fourthly, a canon from the gentleman from New York. Whiob of the^e propositions, he would a sk, was now before the house? The Chair decided that the substitute of the gontle. man from MaryWdd was bet'ire the house, and that the house had allowed the other papers to be read for their information. I)r. Knanv.s explained his understanding of the case, lie retried bis own proposition a* a substitute to the proposition of I he gentleman from Maryland, which had been offered as an amendment Rev Dr Hawks.?A.s a substitute' Dr Kokiiks.? As an amendment to the proposition of th? yentlemau from Peonsylvanla. The Chair said they could not entertain two substitutes to the same propositions Jiidia Ciiambkbs was willing to have his proposition considered as an amendment Mr Mbmwiiofr wasjenlrus of the rights of the house, and explained his view of the matter Hon. Mr Hivks thought It was a mere matter oftechnica'ity When they came to vote, all these qvestlonsof precedency would he satisfactorily disposed of Attbe request of Mr Dr.i.Aio of Ohio, Dr Forbes then withdrew his proposition fop the present, to enable the Or to present the following amendment to the proposition previously b fore th* house:? Whern.? a oanonlcally constituted Court of Bishops of the Protp.'iHtit Kplncopsl church. convened under the au?ho'\f7 of oinon III. H44 of ueneral convention of paII church for the trial of the Rt Rev. Bmjamln T Onderdonk th-n bishop of the diocese of New York, tip >n certain charges and specifications duly and canon'eally m?'le and presented. did upon the third d*y of January. I8JS And the said accused guilty of certain ohar/es ami speetCcstlonseontaioed In said presentment; i?t* I whcr?H?, mM Court of RI?hops, on the day la<t nf>r..?iid did determine that the sentence of suspension should b* pronounced wrainst suih acaused, in the f.?IV>w ne wjt<s. to wit ?"Itls her?by ordered and d. e,l?r?d. that the sentence of thin court upon the r"?) nod?ur. Is sti?oi'ns|en from the office of a bishop In th-church of G )d and from all the function* of the Haired into!*''*; ?nd this court do h?rehy solemnly prono i.<-e and "-i.dare thiit the Rt Rv Benjamin Tread*v> 11 Prid'Trtonk 1* suspended 'rora all < X-Tcb* of his Kft'.scftntl and ministerial functions 1} Therefore, R"k. ired That the Rnlsoopal nonneotliw between the Rt Rev B I' Onderdonk snd the diocese of New York, by the presentment, trial. conviction and sentence nfoTessid. w ? dissolved, and of right, said dlooese may proceed to elect a bishop. Rev Dr Ko*nr? then renewed his proposition as a substitute for the whole mutter Mr Dr.i.iin then withdrew his proposition for Ihe present with the view of r?*n?wiug It in a different shape A motion wan then made to print all the propositions before the ll?use The Thuh whs about to put the question, when R?v. I)r Onn.nr enquired what would be the effect of that motion A \tr?Mr* ?Delay. The s* < sktaht agreed that a delay of one day would be occnsinned After some further ccnversatlon, the (mention was pot anil decided in the negative Hon. Mr Htvi:? then proceeded with his remark! He presumed that In the multiplicity of propositions that had been brought before the house, the peculiar character of the onn which he had the honor to offer yesterday. had been forgotten. If gentlemen would examine it, they would find that it brought relief to the diocese of New York Kvery diocese had a right to a bishop ? to lis own bishop \Vhat then waa the condition of the diocese of New York? It was virtually, at least, without a bishop The worthy gentleman from the diocese of New York said that it was time that tha Toice of New York fh"uld Itself be heard. He had all reipaot for the voice of tbs diocese of New York, and that mien had been heard fr?m the highest authority: he asked the gentleman from New York by what authority the standing committee of the diocese of New York had for three yeers been acting with full plenipotentiary powers, while the canons of the chnrch provided that the standing committee should aottfeu* only when there was no bishop' Was not the presumption thon clear, that they had no bishop! The very title of the act put this oonitructioa upon that canou. Wm not this virtually a ^ v" " " "*1?" #* ** Y-,| j ,| . ? IBM?n?mm a ne1 NE\ cant JincfHf then' Had gentlemen forgotten a fundamrtn- 1 tal provision Id the very artirle ofthe eonutitution' W?i < it Dot there declared that?very biahop should perform his ' episcopal duti a in hi? own proper diooMj. when solicit- ' ed to perform Juliet in another diocese ' Vet thos* bi- 1 shops had not hesitated to couie forward .it the rri)U?at < of the standing committee of the diocese of New \ork. ! and perforin duties He knew that sora? men hail had I scruples on me suojeui, dui me ijrni uony ui mr cieixy had entsrtalned none. Th? whole of this question eame up at tbe last general convention; and by an almost unanimous voti. the proceedings of the standing committer. whloh could nave been Justified only on the assumption that the' dioosse of New Y ork was vaoa t, were approved. There had, therefore, not only been a solemn decision by the acting authority of the diocese, but it bad bepn ratified by a higher power The diocese of New York had spoken?she had declared herself to be a diocese without a bishop. It was absolutely and imperatively incumbent upon the high legislative house of the church to take fome means by whlah the vacant dinoese might be filled. If he was not mistaken,the appointment of a bishop to a vacant diooese without delay, had been considered so important at an early period in the hlHtory of the church, that a einon existed, affixing a severe penalty to the metropolitan wbo should be guilty of neglect in the ease. He doubted not that there were considerations of sympathy for their afllloted bishop, which led to the course which the diocese of New \ ork had taken, from the very commencement of the present session of the general convention. The course which they had taken was worthylofthem; it wan coutonant with true Christian character ' Now after waiting patluntly for three years, they had onme and asked relief at their hinds. Should they turn and give them a stone ! What else had the report of the joint commmittee done' Nothing, In all deference, he submitted. As had been salu, every dloeeuc had a right to a bishop. This ri%ht being granted ?awl It could not be denied?this diocese had aright to ask-nay. more, to 1 demand a bishop. Anolent canon law provided, that If a bishop, temporarily invited by a diooese, should attempt to fix himself there permanently, he should be subject to censure One of the measures which had been proposed, was in rffxct, that u provisional bishop hould be appointed, who should retain his position until the suspended bishop should be restored: that might be till doomsday Such a proposition was. In h s view, contrary to the spirit and law of th" church He hoped it would not prevail There were but two modes of procedure, then, left for them: they must restore, dirently or indirectly, a suspended bishop, ?r they must authorize the dlocvsu of New York to appoiut a bishop These were the two alternatives. Th?y must bo confronted, faoe to face There wits no intermediate ground He hardly supposed any gentleman would rite up and pro pose, in due form, a restoration ofthe bishop They must all be aware that his restoration would inflict a blow up- ' on the ishurch, from which she would not soon r-oover. He believes the onlv alternative. ouDoeition to the reso- ' lutlon, W the restoration of the bishop, and that h? ' thought would be the greatest calamity that could befall the church. A great deal has been sa'<d of penitence and repentance, all of which he would conuur In, but they j plead nothing for his restoration They may obtain fur him the sympathy of hiii fellow men; thev may avail to 1 blot out bis transgressions before an Omnipotent Uod. ' but they never oan avail to restore him to the sacred office from which he has been suspended. Let bis penance be what It may,yet the fact of his trial and verdlot, the performance of penance>~that la in a technical sense, it Is a fundamental principle in that penance is an obstacle to his elevation in the church It I* a principle of common sense It is declared that an Individual who has done penance, may be restored to conciliation, but never to an oflloe in the church. He would say th t It 1 would be detrimental to the interest of the ohurch to restore a person to oflloe who has been declared guilty of of a crime contra konui morn He holds, therefore, that a restoration will not be proposed directly, but the surae thing Is proposed indirectly. He was surprised at the language used to show that the sentence was void. He considers the legality of the sentence so plain, that he wonders how any one can think otherwise. Toe sentence is In the very word of the canon; suspension simple and absolute ; there can be uo question about that. The ouly question is to the etfect of it. He ventures to say, that according to the fundamental principles of the church, that n deposed or degraded minister cannot he restored, and on the first ballot it is well known a majority of the oourt were iu lavor of deposition. Deposition forbids restoration totally, bat suspension implies a possibility of restoration. The authorities agree in defining suspension, that it may be li.n(?..,! if ....... 1.,. 41... the benefice. or from both. This senteuce la one simple ml absolute, without qualification of time?and has all the force of deposition, mid under our canons he cannot be restored. It 1* said by the gentleman from New York that even admitting that unlimited suspension is the same as deposition, it cannot be considered as such, unless it is made so in exprosa terms. He then referred to an eoclesiastloal authority to prove, that wli-n a limitation ! not fixed in a sen tenet of suspension, it is, to all intents and purposes, an absolute suspension. It has b**en asked if the bisshop has been deprived of hi* oliloe, how can he be restored to it? Now how can a man be restored to any tbini; of which he has not been deprived.' He holds, therefore, th.it the direct and indirect restoration of the bishop is impossible He u?xt referred to the question, ho# far we are authorized to 1111 the vacancy He holds, as he said, before that indelinite suspension his deposition. Take the case of a suspension for a limited time, s?y three years This leaves a revers'on to tho suspended officcr. Compare that case with the case before ui, where there is no limitation. What is left .' It takes away the offloe wholly, without a reversion, exoept a remote possibility of restoration, which be holds In this rase is not possible. Ifgentlemen cau persuade themselves that a 1 remote and impossible contingency can attach him to the ofHoe even by the smallest tie, the ofllce Is neverthe less vaoant during the suxpeuslou To be sure, the Individual iniy have the title of bishop, but that is all. He may be technical bishop, but the episcopate is vacant to all intents and purposes. He disputes uot .'at all about ' possibilities, and if it be assumed that the Vishop is to be , called the technical bishop, he has no objection to it,but he holds that while the sentence is in force, the ofllce is { vacant. He now comes to another view, which is. that In one respect, there is a total deprivation of the bishop's ( charge over the diocese of New York There are prin- | ciples of common sense which can be brought to bear on this case. The relation betweeu the bishop and his diocese is one of contract -privileges ou one baud and services on the other This is a principle of common sense, which cannot bo resisted Mr. Hives then referred to Ulackstone and other celebrated legal writers, to prove 1 this at length. Now, is it possible when it is laid down by this great writer, that when a grant of ofllce is made, thore is a secret understanding th it the grantee shall duly execute the business of bis ofllce. and In case of bis i not doing so, the grantor can lawfully oust tha holder of it, and put another in place cf hiui? Again, an ofllce ; , may te forfeited by misuser orn ou-user Nor can it oe said that there lias not b?eu both misuser, and non user in this case. There has been both ; and therefore, it is lawful for the diooese of New York to declare the dioctse vacant. He would \ra further ?i..l n>.t ??.i. principle baa been acknowledged by one (if the highest 1 legal authorities in hngland, who, It Uwell known, cured but little for technicalities?be meant Lord Mansfield, who. In a cane before liiin of olcrtcn.1 appointment, applied thin principle, which he oonteudvd wan as strongly applicable to the diocese of New Vork. A question arose in that cue that tbe curate was not duly qualified to act Lord Mansfield said If after reasonable no'ice he did not qu illfy himself, the etnolumentii of the ofHce might be withheld. Now hoi a suspended bishop the qualitioatiobs to perform hid duties' aud if be nas not, he is not eutitled to the privilege*. No, gay* Lord Mansfield, for the qualifications entitle him to the privileges?the one grows out of the other. Mr. Rive* then referred to the ciseofthe minister in tbe Dutch church in Albauy, a few years since, which was analogous to this, in one respect at lest, intemperauce The minister, in that case, was suspended for six mouths, and theu depos <d He brought au ucliou for the recovery of hi* salary during the tune of bis suspension. By the terms of his contract, he whs to receive salary as long as he was minist' r >f tbe church, and tho decision of the court was, tbt he was not entitled to his salary -not being a minister within the meaning of the covenant, when he was 1 under suspension. Apply the same principle to this 1 case, and tbe suspended bishop is not a bishop -- 1 Ou these principles, which apply directly in this case if the bishop is incapable of peii'.iriuInK his othce, it is competent for the grantors to declare the office vacant, 1 and appoint auother. He believed, too, that the perion 1 appointed in this way ojuld hold the oflice despite th* 1 restoration of tbe suspended bishop; but he denies that there is anything more than a possibility, remote Indeed, of the restoration of Uisbop Onderdonk Without en tering into detail*, he has takeu a general survey of the oa?*. and he would he happy if the gentle'san from New Vork will prove to him the ahsnrdity of any trt the argument* be has used. If the seut'uce is null, why has 1 not the bishop stated re aud demanded hi* salary, instead of receiving a charity of H hy did lie not 1 foil >w the example of the Dutch church minister, and 1 have the matter decided upon by the hl/hest tribunals in the Hi.ate ' nil vJim* ?~|.I-?I?. I? tiewen wish to rMtorn peace And harmony to the ohiirob,they should oome forward and settle the m.itur definitively by deularlng the dlocse vsrant He Ira plored gentlemen to crnnii forward and settle thio humiii?tioK controversy, which hw rent In twain the bosom of the church R?t. Mr. Korrri Raid a few wordR in explanation of what he had already stated lie applied the word ' absurd" to the oonfoundlng of the teraiR " suspension" and ' degradation," Mr K.?ah? reinnrked. it appeared to him that the argument of the gentl-man from Virginia I* full ot fall v.y lie agreed with hltn, however, that the diocese of New York is vacant. or it is not. It muRt be established however, that the diocese ia vacant, hefiro another biRhop ean be elected. lie was much surprised that, the gentleman did uot aflirm that porition ; that the diocese wri as vacant aa it would be in the case of the natural death of the biRhop. If the diocese be only temporarily vacant, he should show ur the right we have to elect nuother bishop. A bishop cannot be consecrated pro trmrom. Then we are calladupon to affirm that In consequence of a temporary vaoanoy, we are authorised to appoint a bishop to aot permanently. He would not trgue that queRtion, but he would one whether the dioeese was vacant. The gentleman baa dilated much on suspension and degradation The gentleman does not assert that the bishap is both suspended and deponed, but be makes a distinction between suspension ah henrfit io and ah officio, which are separate and dWtlnot Now where will the gentleman ttud a word in tha sentence about auspenslon, oh htnr/uio The suspension was from office (readR the sentenoe ) The Reoond part declaia* tho bishop is suRpeuded from his funotions. It follows that he Is nat deprived of the office, but merely suspended from the eseroiae of his duties for an unlimited time As to the Jurisdiction of the bishop, the suspension, ah hmtjit io, the bishops said not a word In the sentence.? He maintained that It wm not a taking away of tli? of W YO V YORK, FRIDAY MORI loe. but a taking ivray of th eri^ht to exercise the duties if that office. Out he i? xtill bisbop of Now York, but Incompetent to pertorui hi* l'uuclion* ? the jfflee remains to hiin ha cannot. therefore, hold that the diocese la absolutely vacant. It uijr bo virtuilly vacant, but there ii a distinction between the two. Suspension and deposition are not the nam* thin!; Ue position vacates the diocese, bu*. the question la, will an unlimited suspension vacate it ? The nentleinan from Virginia says that limited suspension doea not vaoate the diocese There la another class of suspensions? those which end by some contingency. There oan be no vested reversions In them. VV but is tha affect of an indefinite suspension ' It ia that which ia to determine in the occurrence of some act; but it la not deposition. It deprive* the holder of the ofllce. until some period arrives wheu it may be restored to him Again, herx there is a poasibllity; no matter how remote it may be; it U itiU a rUht that is left in him, by the aentenne of the jourt. Now th< re remain* a hope?it may be a miserable hope?and what lirflit have we to cut off a hope' It may be said the Rood of the churoh requires it; but the burcti requires no wrong to be done Tor it* good; It will suffer rnth'-r than ilo wrou^. Ila contends there l? a right left to the bishop The gentleman told u* there iris a distinction between suspension ah htnrficio and ib olUciu?and a^aln he told us then* was not auch a distinction. The decision of our courts and of the Knglixh court* are all on the same tooting; but lu connection ?lib the law of the church, be considers them no. thing. Biaokstone dot's uot attempt to deoide this qiie?uon. Does lu say that a sentence can he pushed beyond Its legitimate limit ' The case of the curate referred to. the gentleman will not apply lu this case, because the curate never was a curate Me could not be a curate without the license of th? bishop, and not beluga curate he could uot perform the stipulated services As tar hi> the ^dntloui ?n admits t distinction between suspension at otficin uud suspenliou ah btnefficio?and that ouu can exist without thn other?his argument tails to the ground. A^aiu. as to the argument of ths gentlemau that the episoopate is a matter of contract (this is In his opinion i'allai-lous) for jurisdiction arises by consecration. The case of the Dutch minister will not apply either, because there was i special contract lie did not get his jurisdiction by :onseoration, but by contract. The people hero are not grantors, and therefore they cannot be rovukers The foot is, the whole of these principles tbat are assumed here by the opponents of the bishop,are disrespectful to Lbe house ol bishops, who, ll it seems best to them to remove the disability under which Uishop Onderdonk labors, can do so; and the people should be satisfied with their decision. Rev. Dr. OuiLur, of New Jersey?The great question is, does suspension vacate jurisdiction,or does it not? iln has been relieved of the necessity of speaking to some of the points raised by the gentleman from Virginia, by the remarkH of the gentleman who last spoke, and for that lie is duly thankful He would admit tbat the dloo-sn ot New York h id no ri,{ht to give the prerogative used by the staudlng committee during the la-it three years? but if wrong has done in that case, is that a reason that we should do wrong ' Will two wrongs make one right ? lie would give the gentleman the beuellt ot this?11 benefit It can be oalled; for the diLtcese has completely neutralised its effect by the position which it has assumed before this hou.<e The great juestion is, what is susp'iislou ? what are its limits and operation' And before discussing it. he would claim the Ttuum wuen ui it |iiiuci|ilti <>a WUICU U? Will U iTH tile concurrence of the house?that in all criminal law, tho very strident construction ia incumbent. and that vrn cannot depart from the letter of the sentence without perpetratl <g a wrocg. He would take his ground on the i entente, which he lian a right, as a legislator. to take into consideration That sentence he is convinced works no vacancy,-tud if he worn to speak the nentimonts of his aiind, ho would say that it was a uuility. lie then proceeded to explain the ground ou which he arrived at his conclusions The <iuestiou turns ou canun law, which we recoived from the mother church in Kuglaud, and to that he will go back for the definition of our canon law. Our jurists go to Knglish law, and our ecclesiastics are entitled to do the Name In so doing he flnda several different penalties prescribed by that canon law. The tiiDt is adinonitiou?next suspension Now let us see the effect, and the operation of suspension. lie would i|UOte from burn's Kool*gia.itlcai law. and under the iirticlu of suspension, we are told there are two sorts of suspension?one for the clergy and the other for the laity That referring to the clergy, is suspension from office aud suspension from bsneflce. A person suspended, is one suspended ot both, for a time, but not forever, lie would maintain, theu, that the idea of a limit, whether of time, or provided for by a contingency?that this idea of a limit enters into the suspension, aud without it you have no suspension. It will be'said that it U implied the bishops may limit this suspension; but he will not say that the bishops could remit a sentence without power being granted to them to do so. Now we must interpret the sentence iu the strictest manner, it It says suspended lor three mouths, or any other time, it is a limit; but. if it loaves out what he is suspended of,it IsanuUlty He wouM contend?first.that suspCMlon having no limit, is not a Irual sentence, nut. if It be ft sentence of suspension. that. ai It does not vary it, U a sudpeusion from benelije; that it does uot so suspend, and. theiefore, ai the most, thn benefice In there, uotwabstauding all the civil courts in the laud decided 10 the contrary. The benefice remaining, jurisdiction remains with it. and is in the bishop. Mr. Piiiltp Williams Haid the attention of the bouse bad not been called to thn substance and oonsequenoe of thu remarks ol ihe K^ntUman from New York. It was virtually with the content of the convention of the tllocese of New York, to restore the bishop of that diocese to the full exercise of all his power a fro in and after the id day of January uext. Should the bishop be restored tie a?k"d, without having the sentence removed from bim?branded ax be bud been by the court of bishops ' If be could not when restored exercise the functions of UiB office without detriment to the nburoh, as he (the bishop) himself admitted, then ho called upon every oue to weigh well the subject before voting in favor of such i restoration lie would refer to the epistle of Ht. I'aul. which speaks of what a bishop should be?-A bishop must lie blamelr*M, the husband of one wife," Ike., Jc3 , and in the testimonials which they must sign, they declared that he was ' void of evil report.'' tic, yet wheu the liishop bad proved not to be suob a man as tha law* of liod reunited, would they restore him with this sentence resting upon him ' lie trusted not But they were nailed upon to restore him with the proviso, that the Aiocme of New York did not object lie would adJ, did not the reverend geutiuinan who had spoken ot a benefice. know t ere was no such thing as a benefice in the j United States ' Dr. l)?ii.hy. (to whem he referred \ winheil In nmr.nl thu genliomau but be would wait till bu had done Mn. Wili.i*m? continued :?Thero was no benefice attached to tbe oiMub of n bishop here as In Kngland, a* lie proceeded to show The bishop s salary stood upon iust the sainu footing ait th* prteet's salary. Did the binhop get his salary by divine ri^ht, an sorno Maid ' If ho, why make him dependent on the church ? lie knew Lhe Scripture said, '"They must not mu/.sle the ox that treadeth out the corn," hut tbe ox must tread nut the corn Ilrst How, now, did they propu.se to answer the call of thudlooesu of New York .' He believed th it they ought to intke provision for the diocese ; but he would make full profislon for thein. and not the partial supply contemplated by the report of the joint commute*. TU< y needed a binhop specially tor the dione?u of New York, not a bishop dividing his s?rvlcrs between them and another diocese Without cnturiu^ ?t large into the discussion of the principles of tbe proposition be wai about to submit, he would lay It down hh a proposition, and he defied refutation, that as a universal principle of ethics and jurisprudence that a party to u contract must perform the duties of the contract before be could have a right to the remuneration stipulated. Oentleinen must admit (bat this was a gener&l principle of right, and they must how that the present case was an exception to tins general principle, before they could make their case good The local jurisdiction ot tbe bishop was not derived from tbe House of Bishops. He cared not by what name they called him; while this ??ntence r> malued the bishop bad no power of performing tne runctlons of the episcopacy This being conceded, wbat was to become of the cburcii' Were her hand* so tied that she could do nothing ' If in, he contended that It was a disgrace to her. Tbo diocese. he argued, had a right to choose a bishop What did gentlemen mean by jurlsdiotlon ' lie believed that no two gentlemen who had used the term would agree on a detlullion He considered it limply tbe power to perform the duties of his Diner. iv'wh iiw omnop whs ni<ipeuueu rioin the per rnrmance of th?*e dot < ?, whnre wa< hi? jurisdiction' He had none manifestly Oentlemen had mid, tlut If Lit in diocese was not vacant, th?ir mcUjm w.ut a nullity Thin wan non* use, Id iii* view. |Now lie asked, hail tins convention a ri^ht to puss upon the si ntence of the Court uf btrh? pi ' lie insir.ted tbat tti*y had no audi . right 'i'hey had no power to pronoun * the judicial enteno* or tn? Court of lll?h p\ In th? case of the ! bishop of Nt w York null and void What did suspen- I llou mean ? The ??rjr ntturo of the term snowed tbat i It bad refer*, iiue M innw ppecttic time '1 here could he no such thin* hh suspension, without limit II* wi-lnl the aolenin and deliberative attention of tills house to be nulled to the act which they had been called upon to perforin, by the gentleman from New York, tbat without liny deeialon by a judicial, tribunal they ahoulii nay that from and after the :i l day of Jami'iry next, the bishop uf the diocese of Niiw Vork should be restored to the full powers and function* of hl? office It this proposition should para, thun, indeed, might the churoh bang her liaip on the willows But if thi* proposi lion should not pa**, a* he moat devoutly prayed, how wan the diocese of New York to be provided lor' lie could are no other course for then tlim to kay to her that if ah" thought proper she might elect a bishop It being now pant three o'clock, it was moved that the house adjourn to the ususl hour A member moved that they adjourn to 7 o'clock, thia svening. Another suggested eight o'clock, to-morrow morning Mr. Ilugar and othera, thought they could sot get their break fa* t early enough for that Several neinben expressed a strong deairn to get thrOttgU ?ith thn buainr.t* of the convention a* soon a* jossible, aa they should be compelled to leave lor their homea In ? few daya The Secretary Mated in inquiry of Dr. Taylor that the house oould not be lighted thia evening, but that it oould be lighted a-morrow evening, Mr. Wharton ooneelved tbat hay did not come there to ??e each other, but to act. He. Iieiiaved they oould aee wall enough with twenty -andlea Dr Hawk* Insisted upon hia right aa a mem)er of that houaa. and In conformity with the notiae vhieh he gave yeaterday, moved tbat the houaa adjourn ' 0 7 o'clock thia evening. Several membera intimated .hat the Board of Mission* had important buaineaa to ranaact thia evening, which would require the attention >f many of the aonventlon. The chair put the question >f immediate Adjournment, which waa loat 84 to M Ion Mr. Rive* moved that after t<f-day tbe houae hold* 1 aeaalon. to oommenae at 7 o'clock in the eveulug At .he Instance of tha aecretary thia motion waa modified. 10 M to maka It ft rioeas fxom 3 to 7 f. M , and pasted ? RK 15 VTNG, OCTOBER 22 184*3 Dr. Hawk* then renewed bil motion In the form of a re- [ "M. which wan o.arrid. unil'th* home took a recesa until : v m. [The proceeding* of the Convention. lMt eveniDg. are erowded out by the important war news ] The Dremlful Kxploalon of a Powder M*g?- | Bine In Nushvlile, aTenneuer_Tlt* Wltult illy Damaged. [Kroiu the Naah villa Orlhopolltan. Oct. 13 ] Karly tbia morning w# were upou the ground?the scene of the dreadjul diameter of yesterday, and after laboring for eeveral houra in endravorlng to ?eoertaln the extent of the damage and the loaa of life. w? are able to report the following partlculari, which we believe include* all tbe bouses in the vicinity ef the disaster It will he seen that we have commenced with the 1 went portion of the mound and worked tow&nla tha olty: ? * Brick bouse of Joseph Leeks, badly injured. Mr. I<. li a great sufferer by the disaster Frame bouse owned and occupied by Mr. Shivers entirely destroyed. Frame house occupied by Mr Dickson entirely destroyed ? | Dickson badly hurt. Frame house occupied by Mr. I Harrison and Mr Armstrong destroyed; Mrs. B had her arm broken. House occupier! by Wui Peach nearly destroyed?Mrs. Peach injured. Frame bouse owned by .l*me? King, entirely destroyed- unoccupied atthetlme House occupied by Mrs Scott, greatly Injured William*'* carpenter shop demolished. Williams' brirk home very much injured Brick house occupied by Mr Davis.much daunted House occupied by Mr. Sltnpkius, much injured Brick bouse occupied by a negro man, not known, demolished, funily Injured Frame house occupied by Mr. Cleveland Dndlv demolished. Urlck hnutfe occupied by Mr Williams, destroyed. Mrs. W ., son and daughter badly hurt Frame hnure occupied by Mr J IVrry destroyed?Alfred Uobson badly hurt, and a orgro woman supposed niortully. Frame house oc CUpWd by A JohurfOu, destroyed?Mrs. J. injured slightly. Frame hou.io oooupled by A C. (rower, destroyed Uoublo frame house occupied by negro families destroyed?a negro man was badly hurt. Frame house demolished-J. PiirrHh occupied it up to within an hour or two of the catastrophe. Frame house occupied by two families, greatly injured Frame house occupied by E li Murden, foreman iu this office, destroyed?Mrs. M and three children narrowly escaped Briok house occupied by Joseph Brownlow, eutirrly destroyed. A daughter of Mr. U. had gone to a ueigubor s, and was there killed -the whole family hurt Frame bouse occupied by Spencer Chandler, entirely demolished? family .".lightly hurt. Frame house occupied end owned by A 11. Sbankland, totally demolished?Mr. S.'s family had a most 'miraculous escape Frame houtc and store occupied by J Stevens, aud owned by Mr Denniug -very badly injured Mr Stephens was badly hurt Tin re are several buildings below, on the same side, all more or less damaged The names of suveral persons In tliin VtOlnlty we did not learn Frame bouse ocoupied by llev. Mr. Hinklo very much damaged. Several brick dwellings on Spruce street, owned by Kobert 1 Moore,and occupied. by Wherry, Bell, aud others?badly In jured. A frame house owned by Mrs. Hear, and occupied by herself aud a widow woman, a total wruok? family escaped. Brick house of C. Nichol s occupied by W. O. ltobertsou?child and negro giil much Injured, house and contents ruined. C. Nichols 'framed house, occupied by Messrs. MarlonandCaldwell?Mrs. M. killed instantly, Mr C. nine* died. C. Nichols1 brick house oocupied by Messrs Cobbs aud Uykes, ruined. Brick, owned bj Mrs Kuowles,ln a dangerous situation, liable 10 itiu?11 uiii y tsii.i mil. ivueuen, ate., uemousnea sir Trim ball's brick much shattered; little girl much Injured. Log tenement of Mr. Kay demolished?Mrs. Ray hurt. I.og tenement of Mr. Lue, much shattered ? dtugliter's jaw latlly hurt. I.?g homo of Mr Bimpson, occupied by three families?house a total wreck. A house occupied by a colored family, thrown from Ita foundation?none Injured. A frame houae occupied by two lauiiliea?one person seriously injured. The franiv houses of Messrs King and Brown-whole front blown in John Heard'* large frame, occupied by three families, much shattered?one lady badly hurt. Si'Hi i i: 8Tiir.KT.-~Grocery of Mr. Dennicg?broadHide thrown out at leant twelve Inches, otherwise much injured brisk house occupied by Mr. I ole?his son not expected to survive. Krame houie occupied by Mr Ueach ?much shattered. Frame house occupied by Mrs Mo('lelland. house tilled with rocks of all sizes?Mrs McO. and a young infant had a remarkable escape Frame cf Mr. Jones, much Injured. Frame occupied by Mr. Street, total ruin. Brick owned and oeoupled by J M.Taylor, very much Injured; a rock of fifty pounds blown through the wall; Mr. H lrvs been a criple lor some time and bis bis loss will be sever? New Methodist chuich much shattered. Urlck, of Mr. liaug much damaged Double brick of Mr. Caul's very much damaged ? completely rifted with rooks. Hum iTHciT.-A stone weighing about thirty pounds wim blown t'roni the magazine, unci fulling on the rare* trough on the house of J. II. Shepard, literally outtlng it in two part*, and lulling to the ground in front of the home We aim learu Uml the Orphan Asylum ia rendered untenable The numerous churches In the oity, are all seriously injured. We hare thus endeavored to give nn outline of the destruution which we beheld on every Hide, but to describe the reality ia beyond the ken of human power. There Is scarcely a tenement, (if any) in the city, but Ih more or le<a tnjiired. while we venture the assertion, that there Is not. In the State of Tennessee glass enough to supply the place of that which la broken The sulf-rering.and distraction of life and limb, Is much to he deplored, and although much li'is beeu done by out citizens to ulleviato the distress, consequent upou the disaster, remains a tield.open for the exercise of charity in the form of provisions. Sic., which we hope the benevolent of our oily will not overlook. In our walks this morning. %o enterod many places which we supposed uninhabited, but found in the basements, many who had not the means of proourlng a single meal, nor a lit place for the sick to rest their heads. Our heart Is sick ' We will not contine the dismal tale. Friends of humanity, look to It' Kili.co? A daughter of Joseph Brownlow, was killed instantly; Mrs. Samuel Mnrlen, do; Mr. Caldwell, was mortally injured and died this morning; Helen Clark, a negro girl, was killed instautly; a child whose name we did noe learn was alio killed. Injorkd.?Mr. Dickinson was so badly injured that his ilfo is dispairtd of; a Mrs. Armstrong had her right arm shattered aul broken badly; Mr. Stephens severely injured. Aflalra In Venezuela. Pi; m i o ('aiiki.i.o, Sept. 'J;>, 1817. > ciiv/.un? eujuyn a ui nuu uuiuiuu j ,i uaurw to thu conciliatory measures of the actual president (ieaoral Monagas. who seems to be desirous of uniting the different parties The present administration uianiI'ests a determination to tQect all within its power lor the benellt of tint whole country. With fueling* of deep regret, we are obliged to Inform you of a hitler hostility mauifusted by the people of Ve utzuela towards tlis (Julted Stated,iu couseifueuco of the Mexican war, which sUuwh itself not in puoliu acts of the authorities, but on the part of the people of all classes, in acts not to be mistaken. Much is to ba attributed to certain illibeval and malignant foreigners, residents lu this country, who make it their principal business to utter falsehoods and misrepresentations regarding the L'uited States, for the purpose of gaining popularity among the natives of this country. it is sincerely to be hoped that the United States will have effected a peace with Mexico ere this, upoa honorable terms to both countries, otherwise let them be proi purly castigated until they cry enough, which will afford au example of what the L aitud States can do In ease of necessity, Our new eonsul at this port, Southy Orinalds, Kt<| , arrived hern a few months since. This gentleman will undoubtedly discharge the duties of the o til on with efficacy; and If emrgy should be required in the due exereise of his consular functions, we feel perfeotly satlsflej that the diguity ot the L ulled States will not suffer at his bauds Business is dull In every branch. Coffee?there is none whatever In the market; Jhe crop Is over. The new colleo crop will commence In December and Jaauary; but the hulk of it will not coine in until February and Mar.b. Indigo 7 a rs, per ,lb. K esked; say from iMt a :tl>0 e.eroous iu the city for sale No sales effected lately. l)x au J oow hides 7>i a per lb, and iu good demand lor the I uiLed States -mtuiu In 1 r?t*l-r from the I Interior. Cotton l'JK a 13c per lb; of the moat euperlor ijuulity; cocoa <>l l a ^20 p?r 110 lb, according to olaaa. Ai.manv, Oct. 'JO, IS47. The Volition of Iht T.'giilativr Buttneti, 4'c- TfAction upon several of the moat important bill* before the Legislature oontlnues to be d~lay?d. The pertinacity with wblch the bouse adhere* to it* deterinination to exclude all personal liability from the general manufacturing law will probably, for tha present, pre. vent the poMHge of that Important enaatraant The In vestment of luilllonii of oapltal i? being dtaaye I until the passage of this bill. The general law for the Incorporation cf imu ranee companiea will, It in Mated, be defeated on account of the Inability of the two housa* to agree upon the question whether the pergonal liability cl AUHe shall Im incorporated into It Action hit* been delayed upon other important bllla, and the time I* generally occupied oy thin Legislature In the elaborate discussion ot unit tern not inveatad with interest. We do not expect that an impetus will be given to legislative alTitir* until the election haj passed In the reault of the election, a profound and general interest la felt Deputies of the central faotiomi are peramlulatlng tha Xtate and arousing the people. In a lew daya, the radioal aecil.u of tha democratic party will hold an extraordinary convention at tha village cf Herkimer, whioh Is situated at a little distance east of the city of Utlca. That contention b** probably been nulled with the view of putting Mr. Martin Van lluren. of l.lndenwald, in nomination aa tbu candidate tf the radical democrat* lor tha Preaidancy. A bill compelling all the banks of thia Stat* to redeem their note* at par in tha cities of Naw York and Albany, waa amended by the Manate to-day so aa to compel them to redeem their notes at par in the olty of New York, and at no othar place except their own countera Hall Pall urea. We received by mall on Saturday mornhig ? sllP ,tom the CUvlaml H'ralil containing the news from Mexico. Tha same news waa brought to tula city by private eon veyance in an extra^allp from the Cleveland ofllca on Thuradar morning preyloua By prlvUe oonveyanoe wa received it'riday evening a Detroit paper ef Wednaaday morning The Mall of Saturday brought ua a Detroit paper ot Monday, making a difference of nearly S days between Detroit and thia plana In favor of private eoBvtyaucti. Mitwuuku Smtintl and UattHi, 1UA tail. MMMRvrjtsrw? . zr?erwr? - , tJEKA r # THE WAR NEWS. INTBNSBIjY interesting intklliuk\ce. The Details of Some OF THE TREAXUXfDOUS BATTLES BEFORE THE OITT OF MEXICO. THE GREAT LOSS OF LIFE. Additional Lists op THE KILLED AND WOUNDBD. THE EXECUTION OF THE DESERTERS, dU%, Mr Ate., [Kxtract ofa Letter front a Foreigner ] Mr.xico, Sept v'rt, ISI7. On the Oth the urinlntlr.) wan Hiidilunly broken off, la countiiuuocM of General Scott having considered it infringed, and he therefore demanded uu apology, or that hostilities should oommence on the 7th at 12 o'clock But nothing wa? done until th?8th. wh?u a buttle ooinmencud in front of Chapultepeo, which ?t:i warmly runtainted by both partial*. The Americans had to retire with a loeaofHOOor 1,00;) men; the Mexican low was also considerable. bat you well know the difficulty of ascertaining correctly They loaat General I,eon, of Osjacy aud General Balderas, both brave oiti/.en soldier*; they died heroically, leading on their troop*. The battle wa* fought principally by the National Guard, the regular army having fled in the early part of the action; and in truth^in all the affaire, up to the abandoning of the city, they have *hx>wn themselves perfectly worthies*. On the I'Jth. at breuk of day, the American* commenced cannonading ('hapultepvo, which continued the whole day. On the lath. they commenced firing again, and kept it up from t> till 'J A M.; then they succeeded In taking the castle, and immediately followed up their victory to the garltM of the city, where they were met by a most obstinate resistance. and did not enter that night; but on the morning of the 14th the American army commeuced entering the city, and at 7 their flag was waving over the palace, or what the Yankee* have called the "Hall* of the'Montexumas." At 1'J o'clock the previous night, Santa Anna with all Ills trooo* li ft the city, Waving the inhabitant* at the merry of tho invading army, and before daylight the plaoe wan entirely plundered by the leperos mid prisoners of the ex- Aooordail* who had escaped or been let loose. At 7 o'clock partial hhots were heard in the city, fired by the inhabitants on the American army ai it wa* entering. It soon beoame a brisk Are, and oontlnued pretty severe during the day. The Americans fought most bravely, and plundered tlie houses trom which lite shots proceeded, or from which they fancied they came, so that many innocent people suffered in person aud property. The troops were much exasperated, and I can scarcely blame them. The following day Uring oeased, although some partial excesses were committed On the 16th things were little ruatcred to peace, and up to to-day have become still more tranquil. On Monday, the 'JOih. a few of the shops opened, yet most of the principal ones are (till closed, as the waut of confidence is Hilt. The Mexican population are far from being hutistied, aud there is every reason to suspecta re action will take place. (Jen. Scott is takiug greitt precaution to prevent outrages; and I must say, to the credit of the American ?, that they haue behoved with much more prudence than could haue. been expected under existing circumstances and the inhospitable reception th'y met with. It is a pretty well known fact with us that the Jlmerican army have lost since tiny left Pueblo, in killed, wound' J and death from fatigue, and other causes, about >1000 men and upwards oj 170 commissioned ojfficers.yet their rial loss I sannot positively slate Jlssutsinalivnt art daily committed in the barrios (suburbs) on the stragfling soldiers. . At (j o'clock at night all is cjuiet, and there is not a soul to be seen lu the streets: windows and doors are | shut and barricaded, and the ladies keep in both night i snd (Jh.v, and. our once merry ?ity wears a sombre aspect; the trail of the serpent Is evidently, over it General Soott has declared martial law, and enforoes It strictly. In relation to the Mexican aruiy, 1 oan merely give you the rumors. Some sny they have gone to Que retaro. under the command of llerrers, where the ijovernment will form Itself Santa Anna iff thought to t>? in tin! neighborhood of Fuebla with .'(MM) oavalry. and It In said <>ov. Child* has fortified himself on tha heights of Loretto, which you know commands the city, llirt are many other mown. which may be true, but they am too vague and Indefinite to trouble you with. One thing, however.il certain; we are evidently lu a uioat critical result, and God only kno?s what will be the remit I have a good opportunity of knowing the feeling* of tha people, aud my opinion is tliat we are farther oil from peace than ever [Correspondence of the New Orleans 1'icayune ] Tacchata, Sept. tt, 1847 ? 10 o'clock A M. I have just returned froui another battle field?one on which tha victory of tha American arms wen complete, aad on whloh our troops conteuded against an enemy immensely superior in number and strongly posted < reti Worth commenoed the attack at early daylight, and In less than two hours every point was carried, all the oannon of the enemy were in our possession, an immense quantity of ammunition csptured, and nearly 1,000 men, among them .'>3 officers, taken prisoners. Kor mora than an hour the battle raged with a violence not surpassed since the Mexican war commenced, and so great the odds opposed, that for some time the result was doubtful The force of the rnemy has been estimated at from 12,000 to 1 3,000, strongly posted behind breastworks, and to attack them our sinall force of scarcely 8,000 was obliged to approaob on an open plain and without the least cover; but their dauntless courage carried them over every obstacle, aud notwithstanding the Mexicans fought with a valor rare for them, they were finally routed from one point or another, until all were driven and dispersed. The defeat was total But to gain this victory our own Iocs has been uncommonly severe?it has been purchased with the blood of some of the most gallant spirits of the army The ath Infantry has suffered the most. This legiinout, along with th*< tilh and Hth, was engaged In the attack upon a strong work on the enemy's right, and was opposed to such superior numbers, that it was compelled to retire along with the others The celebrated Col. Martin Scott was killed in this attack, along with Lieu'.s Uurwell and Strong, while Col Mcintosh and many othxr officers were badly wounded. The worse than savage miscreants in the fort, arter our men retired, set up a yell, and came out and massacred such of our wounded as were unable to get off In this way poor Uurwrll lost his life. Kully were they avenged, however; for within half an hour Duncan's battery, aided by the fall of another of their works, drove the dastardly wretches in full flight across the fields. No one knew or aven surmised the strength of the place; It was an old fort, oon nvruciau wng nuce >ua wu one 01 me muo aelence* ot the line of workH On the enemy* left, And nearer < hapultepec. oar Ion* rax tlt'i gn-ftt. although not aa nevere It wan here Unit Col. Win M. (.irabai*. a* brave a nplrlt an ever lived, waa killed; t aptain* Merrill and Ayre* alno fell In thia part of the Held The wonder now li Uow any one could oorne out lafe under mich a terrible lire an the enemy poured from bin entire line of work* Nothing but the daring and ImpetuoHlty of our men, who nuhed onward while their comrade* were falling thick around them gaiued the victory?had they onoe faltered all would have been lout. The broken ground on the right of the en^mr, cut up by deepj ibviuie. raved many of Santa Anna n troopn in their tlUht; yet ait it wan, our dragoon* killed and captured many of the fugitive* I,ar<* bodi^n of the tlexlcau cavalry approached the acune of ntrit<< nev?ral timet, but they were drtveu like aheep by Uuucuu'n battery The Mexican Ion* ha< been even more nevere than our owu (inn llxlderan, lien I.eon, and many other offl oer* are numbered among tne de.id. while the interior nf their work*, the top* of the houxen from which they fought, and the ground over which they fled are rtrewn with lifelenn bodies. Such Wan the panic that inany of our offlnern nay that a few frenh troop* might have taken l btpultepeo itnelf alinont without a ilruggle, but other ibau a few ?hota flred at that point fmm nnroe of tb* oapturad canon, no d> monHratlon wan made After the battle waaover, 0*n Snotteame oof aecoro panled by hid ntalT, and alno by Mr Trlnt The Meil nana at the time were throwing nhelln at nome of the wagon* (leneral Worth had ?ent out to pick up the dead and wounded They hud placed a howitr.r In position on I hapullepec at the chine of the action, and now nee ing the enemy within reach, the oowardly wretchu opened upon tb? ambulance* and thone who were gathering the hodlea of their wounded and lifelrM ooaraoen m.. taaU i fcf.la <> ?? than navac* outrnire naa nf I officer*. with a *arc**tle e*pre**lon of countenance. a*khi! wheth-r Mr TriH had *ny new peace propoaitlan* in ' hi* pocket. Maokintoah did not nnra? out afiar th* battle to gain more time lor hi* friend Kuniu Anna, nor warm our frail intelligence of the atmngth and ino??itn-niH of our army In order that h? might be of **rrlca to th* Mexican* by communicating it. Tha M?*ic?n prisoner* ?ay that Hant* Ann* hlmaWf wa* on th* ground in the r?ar of their work*. I>ut Ifrt at th* oommanoeinent of tha rout Tbey admit that tb*>lr entire forc? wa* IA.i'00, It li certain that, Including killed. wounded, prUoner*, and <li*pera?d, their lo** ha* been n?ar A.000. Miujr of ihmn w*r? regular* th* nth and I'.'th Infantry regiment* aulfarlng tlm uio*t Th* com mander of thn Uttar, Colonel Tanorio, i* a priaonrr In our band*; M>m* U olHcer* belonging to tha former ar* alio prlaonara, hut tba oouiiuandar, Oanaral Per< /. **capea. Tba foundry. In which tavcral mould* for catting cannon. and other apparatu*. wore found, w*< entirely d?molUhed; and altar ascertaining th la <;<'n>r?l Holt. not wlfhlng to hold tba po*itlon, orderad all th* fore** to ratlra Tha whole affair, a* a military moTeaient. I? rarely crltiolaad by many ol our offlnri. Tbay contend that do re*ult ha* baan gaiuad coramenaurata with tba unman** ioaa wa hay* *u*tmlu?d in tb* battla. Tbl? I* a ina'ter I do not feel ioy*elf qualified to dlacuaa. but It mu*t he certain that thx mural' Upon the Mexican* of a defeat *o diigracatul ami *o dlMMtrou*. muat be important. Tbay have now (It la /V o'clock In tha afternoon) returniHl to their poaition*, an l If Santa Anna wa* on tha ground. a* i* atated, and can find no one to lay tha biauiw upon, be ui*y twill tha whoU affair Into % Tlotory 1 rr - 1 . . -" ^ j>. PrtM Tw? t'intt. ?on p*p?r. It will not b? tha 9nt time ha hu don# thu *WbK . . Slnoo I oomm?*ac*J tbn tattar. I bav? b?tn oat n>l?voring to obtatu a full ll?t of tha kUlad and woundad offlo?r?. but. HO f?T. ba?e baan unabla Knowing th' ilMp aniiaty felt In tba I'nltad 9tataa bf tba familial of all tbl* (hall be my flrit ear? Tba anttra Iom In liaoaral Worth'* dlrlfion. out of noon 1.H00 or J.OOO that wast into aotlon. will not fall muoh ibort of ?00 Tba dr? cooqm and (Janeral < adwalladar * brlgada did not ruftar ao MTorelr In comparlaon What tha nait movamant U to ba, no ona known, but It U thought tha olty will ba at taokad immadlataljr TacI/bata. Bant. 0. I?a7 I have bMo enabled to vitbw fall Hat of all th* killed an 1 wounded offloert In Oea. Worth'* division la the great battle of the Molina del Ray, aa aleo of thoee In M^Jor Sumner command of dragoaM. Oen. Cad wallader's loaa I will obtain before I oloee thle letter ? Tbe lint which followa may be relied upon. [Gives below in tabular form.] The llat 1* oomplete and perflsot Thar* hM baa* much difficulty In obtaining It, aa nearly all the orderly sergeants and exeoutlve oflloer* have been killed or wounded The conduct of all the non-oemmlaeieaed officers has been <?ll?ut and moat cooaplcuou*, while several of tbem behaved 10 nobly that tney have beea recommended for immediate promotion to (Jen. Hoott Their names are Sergernts Benson, Wlleon and Robin on, of the <d artillery, Serjeant Heck, of the 3d artM lery, Sergeant! I'pdegr ff, l-'armer. Archer and Dally 01" the Jth InJantry; h*rb'??ut Major Thompson of the tth lalautry, Sergeant Majur Kiuk of tbe nth infantry. 1 irust and hope that Oeueral Soott will at onee promote ihese bra', u fellows ilorr than half tht officer! in Urn H'orlh'i division liuve been struck down, either killed er mounded, in the acl.uut uj Churuhuico and Kl Molina It I Hty, jiiiI many of t'.e companies have absolutely ne me to command them. Of out wounded oUloer* 1 cannot learn that one ef ihem Lias reoelved mortal Injury, elthoug three or ftwr ire in a dangerous uituatlou. The wound of M^er tVaite, although severe, will not keep him long fttwn iuty. The i ame may be said of Captain Maaon and Lieut. Ko?ter, of the engineer*. Major Wright waa itruck In tbe stomach by a partially leant ball, while [allantly leading the ttormlng party of five hundred ficked men, but la now recovering iron the effeot. 1 ihall make further eu<|urlei In relation to the wounded tffloers before I close this letter. Nolea* than nineteen of the deserter* captured by Gens. Twiggs and Shield* at Churuboscu, have been found fully guilty, and are to be huug to-morrow morning. The miscreaut Itiley. who commanded them, escapes the puuisbment of death, aa be proved that he deserted before the war. lie ha* been Rentenoed.however, to be (severely whipped, to be branded aa wall, and to wear a ball and chain in front of tbe army during the war ! A deserter taken among the prisoners at Molino, on the Hth, wan summarily dealt with. It seema that he deserted from Monterey, last fall, and a comrade who recoguised him. to save the treubln of a oourt martial, at ouce pitched him into the mill flume, and he wh crushed to piecu* by the wheel Another bateh of deserters, who have been undergoing a trial here in Taoubaya, will be huug in a day or two it la said Moet richly do they deservn their fate. Tbe following list of the oflloer* killed and wounded la Uen. Cadwallader's brigade, I believe to he nearly oor root. it mere is any inacouracy in it, 1 will oorreot It. It ho happened In the order of battle that the 11th regl? rnent was immediately engaged The brigade of Oen. Tierce wan called into aotlou towards the oloae of the battle. Uh loHt ik few ui?n. but I learn that no ofleen wore killed. Both Ui w Calwallader and Pierce be her ed with the greatest alacrity and gallantry on the oeoaslon. fler? is tVe Hit ot the killed and wonnded In the briuade of the former. The loss of non-commissioned officer* and private* In this brigade I have not yet ascertained; It will not exoeed 100 The loss In Major rtumuer's oommand, whlah ceunUted of UWI men, waa 6 killed and S3 wounded Of horses lie had '.17 killed and 78 wounded. Nearly every olDoer had a horse shot under him. I may posalbly aeud this letter off to-night by a Mexican. but it will depend upon whether there la a prospect of another battle to-morrow or next day. Matteri are approaching a crisis, while the great mlitake la not entering the capital on the night of the 30th. when the Mexicans were peifeatly paulc stricken and In full flight. iH hourly develeplog itself The great sacrltloe of life, yesterday?the ions of so many gallant spirit*?has all been owing to the cessation of hostilities and the arm If tire which foIlnweJ, and an awful responsibility rest* uliht.r with the government or with (ien. Soott and Mr. Trist. The iustruetions will show, but 1 am of the opinion that i lie former is mostly to blame The latter are oeasurable for placing faith in Mackintosh, In giving Santa Anna so much time, or ev?n in having any reliance upon bis power and ability to make peace, under all the elrcumxiances.however much he might have desired it personally I will say nothing of the bribery?that dark side ol the picture 1* undouotedly the work of the exceedingly wise uien at Washington. Bad advisers have been busy, both here and at home. In recommending measure* to bring about a peace, and their counsels have prevailed to the exclusion of the epinlens of men who m'ght have been listened to with proAt. I trust the ei perience of the past may prove a lesson for the future, and that by this time our rulers must *ee and feel that iuorder to briug abeut a peace with the Mexican*, they must use hard blows, Instead of soft words. Taixbiya, Hept. 10. 1+47. We have acoourt* from Mexico, broughtln by Krenoh UI' U .U? wvt.? i w. o , ft w ?? i*. ?u MID BUTl fcUBb OBUM AuDt i loss at Kl Molino wa* much more sever* than atiy on") h?r* ha<l anticipated. Thev nay that during the altrruoon of the nth no lea* than I ft On wounded man c.imi- ttito the city, wlill- the number of killed wa* over ttOi) The slaughter from the batteries of Col. Duncan and Captain brum must have been terrlflc. Santa Anna, it in said, would have laid all the blam* of the defeat upon < ien 1.eon. but that ofltoer, unfortunately tor him. died, lie baa slnoe torn the epaulette* from the shoulder* of Col MUu?l Andrade, commander of the celebrated regiment of Hussars, accuses him of every tiling, baa thrown him into prUoa, and denied bim all communication, lie m*:at hare noma on* to break out upon. Kvrrythlng IooK.h quiet to-day, but the .Mexican* are busily employed in fortifying at every point At Cliapultepec they can be seen at work, while they are aiao repairing the damage done at Kl Molino and other point* on that line On the iledad road they have (troug works, while at the Nino I'erdldoand Han Antonio A bad entrances to the city they are also fortifying with the greatest vi^or (Jen llUew'* division, as al*o Col. Itiley's l/rlgaile, attached to that of (ien. Twiggs, oeeupy tbe village of I.a 1'iedad and neighborhood,in plain sight, aud in tiiot under the gun* of the enemy. (.ien Worih remains here in Tacubiya, but he la sending all hi* sick and wounded to Mlxooac, out of tbe range of the guns of ( hapul'.e|>eo No one know* what point will 1ms hrst attacked, but tbia question will toon be deiet mined The uext blow struck will be hard, and all hope decblve. It must read strange, the story that some 7,ihm) or t>.(:0() men hare set themselves down before a strongly fortified oily of over 'iU<i.OOO inhabitant* with an army of at least J.'i.UOO men to defend It; but tbe tale 1* a true ouu and tbe proud oapltal of Mexico must fall. Ttct'iirt, Sept. 11. IM47. A sma 1 party of us have just returned from a ride over to I.a i'iedad, the headquarter* of (ien Pillow Gen. Scott was there,aa also were aome of hi* principal ofltoer*, holding a council aa to the beat mode and point of attack The result ot their deliberation* is not known, but It is thought that the Infantry will have aome respite niter their bard labor*, and that all the heavier oannon recently captured from the Mexican*, wul be employed in sunUing their own ball* back at them. With their own guns, and those brought u* by Gen. Scott, at lea*t fifty pieces of heavy calibre ean be opened at any one point? enough to demolish any work the Mexican* have -Ir-ii -t.,I In t kmh I../-r-.t, 1.1? .hn.? - ?1 lusaon they will not *oon forget. Kroin tlie Puebla del lit rum*, which bin been d**troyad by tha Maximo*. they can plainly ha mn at work on miTcral fortkfica'.iiinn between Urn road* of Han An gal and San Antonio de Abad. Thaae work* are but littla mora than half a uiil? from the city, which in al?o in plain vlaw. Shortly attar wa left. tin- enemy opened with two of thnir henry gun* upon our picket* or engineer*, and uontinued lha fir* f >r n*ar an hour, i cannot learn that thay dl'l any injury On cur raturn to Taoubaya, wa found that Major huniuer and 'olonel Duncan had but a littla hru?h with the am uiy') lancer* near the battla ground of El Mollno. Captain Huff, with hii company of mounted rlflamen, draw a largn party of tha Mexican cavalry immediately within tha range of one of Dunflau'a gum, whan ona or two 41*charge* *ent ibam ff-ampenug off in every diraa tion Oaly ona mm waa wouudad on our *lda, but it la known th?t tha anauiy lout *everai la tha *kirmt*h Thay n|>en*d with tha b-avy gun from Chapultepec on our Dian. but did no harm other than fi ightening lha Inhabitant* of thi* i lace half out of thi Ir wit*. Lieut Burt^na who w*a mortally woundad at El Mo lino, died ye?t?rday, and Capt E. Kirby smith tbl* af teruoou ot wound* received at tha aaiua Mma Lieut. ( ol UiokintoD. "hot badly In tha ankle at Churubusoo, i?al*odead All were gallant officer*. aad their low U much regretted. I have already mentioned tha execution of nlnataau of tha deierteri captured on tha vioth Augu*t, at Churu hiweo <Jen. scoft ha* juntalgned tba daath warrant of t'i rty other*, taken at the *amr tuna, and thay will nil er tha *ama fata In the cour*e of a day or two Krom v*riou* movemeut*. theia I* certainly itrong reaeon* to believe that <Jen Hcott will open a heavy lire upon i hipiilt*pe<< to morrow morning from not only hi* own ?le<e Kline but from tho*e captured from theenetnv Wh*tbar it i* h NUit '<> draw t\1<-xlcan* to Ulat point and oih*r J rfunrp*. li not known. Tii i'puti. Hopt li, l?47. At early daylight thU morning % hnr? nannonad* wu opvin-il upou thf stronghold of Chapaltapte, which wu lncr*a*.'d during the day a* additional *! (* nun* were planed in position The Mexican* returned th* Br? with K?*t >pltlt at luterval* during th* day, but with little i-fTect other than dismounting on* of oar gun*?I ruinnot Inrn tint a man haa be*n killed at any of th.batterl**. cereral of tb* Voltlgaur*, whila aklrmtahing with th* ?n*tny's aharp ahooUr* at th* roat of Chapultepor, were wounded, but noa* of than **?*mly A lOS' lnch mortar w*? opaned upon the place during tb* after noon, and a* M?*nl nhflln hav* b*?n m*o to fall mi **plod* dire*'ly within th? aaemy'* work*Jit ii o*r t*ln that great dainago hi* been cau-rd A flrlng of I h"?Ty gun* bu alto been heard In tb* direction of La I'ledad. showing that the Maxloao* ha** be*n dir*tt*d In that quarter At du^k thin etiing aaveral load* of scaling ladder* w*f* sent do*n toward* tb* foot of (;h*pultep*c.and the movement* of our Infhntry and otb*r light work* would indicate that lh* strong work* upon tb* *r?*t ar* to be stormed early to-morrow. [Krom th* N*w Orleans Helta, Oot. U ) Tb* American prisoner* who w*r* ?*nt from th* city of >i*kiou to Toluoa, on the approach of U*n*ral Hcottta