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ploy men t of mercantile ships and steam-
•tuZnof^Wurand'lltjp Secretary of ihe N«ulf”» fo T ' ,,e d «i r fw* of ports, in co^pera-
vy tlrtfie committees of botli tiottscs of Con-1 l "> n wsidenl citizens, would be at-
3 ‘ tended ^ with ■ lew aggregate cost; and
the fertility of invention, and activity of
mss, by which it will be seen what the re
commendation's .were which they made,
and which the President sanctioned
• The milimre and naval committees of
Conews*, according to a long established
tisaiKvcoiniminicnied with llie departments
and asked, their views as loihc merense of
our naiionnl defences. department,
in the first insinnee, referred the injuries
thus made 10 the proper military and na
val bureaus. .The Durcan* took the inqtu-
riesofihe commitlccs inio consideration,
mid made llicirestimates; but they made
them ns if with reference to a slate of actu
al war. The Secrelaiys of n ar, and of the
Navy, after examining those estimates re
spectively, made, with the sanction of the
President', specific recommendnlionr, having
in view precautionary measures of defence.
They did not think proper to withhold
from the committees of Congress the esti
mates and suggestions of tlte bateaus.—
These were also communicaied, and in ilie
visual manner, without any injunction of
secrecy whatever, except that the Secretary
of War very properly suggested that some
foci*, ns set forth in the reports of the mili
tary bureaus, and understood to relate to
the weakness of some military positions,
should not he made-public.
The recommendations made nnd sanc
tioned will heel appear from the letters of
ilie respective secretaries, which we subjoin.
It is to be regretted that'the chairman of
the Naval Committee of the House, when
lie slated his uncertainly as to the accor
dance of ilie Secretary of the Navy with
the suggestions of the bureaus, had not
communicated to the House the secretary’s
letter of January 81 It, which accompanied
the reply of the bureaus to the resolution
of the House committee. Had lie done so,
misapprehension would have been avoid
ed. •
Hera arc .the letters of the respective
secretaries. They contain t lie views which
the secretaries recommended, and which
had the sanction of the I’residcnt.
Il'nr/iis-lon Union.
Letter of the Secretarij of tic Nary to Hon.
Imac K. lloTu’ct, chairman o) the Natal
. Committee of the House of Representatives.
Navy Department,
January S, 1SJ6.
C trintism, would, as danger approached,
quickened to -devise methods of tie-
fence, which, though somewhat irregular,
would prove effective, till a force could
be organized suited to the emergency.
Inquiries are now making into I be ca
pacity ofour mercantile steamers for be
ing Jhus employed, and the result shall lie
communicated to you so soon as received.
The danger to be apprehended from
inroads upon oar territory by hostile fleets
will he greatly diminished by the disas
ters consequent on storms; the necessity
of frequent returns' to port lire supplies of
provisions nnd water; the supcrttldcd
want to steamships of fuel; the general
inaccessibility of the const, from shallow
ness nl: water; the certainty of vigorous
resislanae on the part of our citizegs in
the more densely-peopled regions; nntl
the uselessness of naval attacks on n
sparsely settled const for any pcrniamenl
influence on the issue of u war. These
circumstances have, in nil times pnst,
made great nnval expeditions almost
fruitless of results against remote settle
ments on lund.
The measures recommended, if adopt
ed, will not involve useless expense, even
on the continuance of tranquility, and
peel of our foreign affairs, this mode of
augmenting the regular force of ilie coun
try commends itself to my judgment.—
Those regiments, should they be. raised.
are to be in addition to thetronps proposed
a the chain bf posts
to the Rocky Mountains.
to be raised to gairison i
With this communication, I *f-ttd to you
a statement from the General command
ing the Army, containing his views of the
numlter .if troops required to man the for
tifications, Ac.
With a view to give you full and au
thentic information in regard to the sever
al matters embraced in the resolution
which you sent to me, I have required
statements from the Engineer and Ord
nance Bureaus, and herewith transmit
them to you. It-is; in my opinion, im
portant that the information, in nil its de
tails, as set forth in these' documents,
should not be made public. I trust the
committee will concur in the propriety of
this suggestion.
1 forbear to reiterate the suggestions in
the report of the Chief Engineer in regard
to the fortifications, temporary defences,
; and ' the Somers, and on her arrival their Coin-
not mndore Conner hoisted his broad peoaot
on board of her. The frigate Ilaritan
will sail from this place destined for Verm
Cruz,! to morrow or the next day. The
Somers it is said will sail for St. Domingo
in a few days with despatches, the nature
of which lam at a loss to conjecture. It
is reported that Mr. Slidell had left Jnlapa
and is now in the city of Mexico. Yogrs,
respectfully,
' • MoNTooxeny.
MseoN, April 1st, 1846.
I furnish tba press with the following
decision of the Supreme Court of Georgia,
which, as it settles, to some extent, the con
struction of the Act of 1845, organizing
the Court, nnd regulating its proceedings,
may be beneficial to those who* have busi
ness in lltnt Court.
JAMES M. KELLY, Reporter.
MqneM Court at CassvJUIe.
Holden in and for the 4th District, March
Term, 1846.
Doc Ex. Dcra j Ejectment and writ of
Trulack, cl a! pills in error ( Error to the Superior
vs. | Court of the County
Peeplc's et at debts in error. J of Cats.
This was called up in its order, when
u, ■kiimk.uuoii,, unu|s,(ufj qeicnurs, Aikin, pf counsel for tlto dependents in Er-
&e., hut commend them to the fovorulile 1 ror , .moved to dismiss the writ, upon ilia fol-
r±?± U :b! h h e h COra, . ni r : Tl }° n P" j*°')|| n |jecn..se it did not appear front the
prbprtnttoiis which he suggests ore lurge, I rccor( , , )cforc lho Court ,1^ (he um of
hut not. more so limn the calely ofthe | Exceptions was made out, and certified by
country requires in the contingencies hej lhc presiding Judge, within four days after
contemplates. The increased expendi- j the trial, nsrequired by the act organizing
lure upon permanent works is an outlay tin; Supreme Court.
j that must be made in the courseof a very ‘ 2. That the llill of Exceptions did not
seems lobe sufficient as piecititiionary | lew years; and, in my judgment, sound ; show the grounds upon which the decision
against any contingency that is likely to policy indicates thiit it should lie in the I *'“* ,, 1 ,ndc f ;.„ , r. ..
o.-cur. and ns preliminary to a more ex- power of the Government ,« expend ira- j 3 ' T'' a “ l,a ‘:° f E « e P" ons *“ 100
tended organization, in the event it should mediately what, under other circmnstan- 1 ^4° Thai the oriaina
become necessary. It will place'lltc navy
in n condition to inspire respect to rentier
aid in protecting our commerce, anil to
contribute effectively towards the pre
servation of peace.
I have the honor to he, very respectful
ly, your obedient servant,
GEORGE BANCROFT.
Hon. I. E. Holmes,
Chairman of the Naval Committee
ofjhe House ef Representatives.
Report from the War Department.
The following is the report of Mr.'Mar-
Sir : In reply to the inquiries proposed ^ em ,n 10 dle Committees on Military
in your letter of the 22d ultimo, l.ltave 1 Affairs:
the honor to enclose to you a report from War Department, Dec. 29, 1845.
the heads of bureaus of this department. : Sir:—1 herewith return to you the res-
Althnugh the naval prejiatat’tons of olulion which you sent to me ott the 23d
commercial nations, which are struggling inst. The recommendations in my report
to maintain themselves in an unnulural; to the President, of the 29llt till, have
position -of greatness, is no criterion for reference In a permanent pence cstuhlish-
u country like ours, which seeks only the ( inenl. Under any circumstances I 11m
occupation and defence of its own terrilo- convinced that our seaeoast and northern
ry, the protection of its citizens anti their | frontier should have a larger force sin-
intercsts, and the development of its own j Honed on them tltnn they now have, or
resources; mid although .the existing na-jlhe Department can now place there by
val establishment ofthe UniirdtStates np- i any proper disposition it can make of the
bears sufficient in nlf but sea-going steam- regular army at this time. The number
pears sufficient ini
ers for a condition of asscertained and
undisturbed ponce, yet, the present ns-
pcct of our foreign relations makes it a
duty to suggest to the Committee on Na
val Affairs the propriety of greater pre-
egolnr army 1
of troops now in Texas canuot, ui.tler
present citcumstnnccs, ho lessened.—
There ought not to be less, indeed 1
think there should lie more, troops on the
Indian frontier. Should the suggestion
. r , , . 4. That the original Rill of Exceptions
ccs. might be allotted to such olijects lor (,ad not been returned into this Court, by
two or three years. It will be recollect- (he Clerk .of the Court, below, as required
etl that the costs of (lie permanent works bv said act.
will not be increased by decelerating the: " a. That no Bill of Exceptions had been
qnmplelion of them. The same remarks , filed-
are also applicable to the expenditures for! . ®- That it did not appear that bondland
armaments, ordnance stores, Sec. But if ecc,ir . l !- v » l,a ‘* been given, or nffiidnvtt.filed,
* *•* |» !■&*!*"• *
committee 10 present-to Cmigtess at th.s,, Iie deci ' ion , complained of \vu* made,
time the large appropriations SWggested, Tlte Bill of Exceptions nnd ceriifiralc of
in the reports ol tbe Chief Engineer and the Judge hc-lotv, atlnchod thereto, were
the officer al the head ofthe Oidunnce without date; tlioiigli the transcript of the
Bureau, or if there would lie likt-lv to l»- a record, sent tip, showed Hint the trial wns
considerable delay in getting a bill muk-i had on the loth of February, 1846, nnd
ing such appropriations through Congress, that notice of lire filing of the Bill of Lx-
1 would respectfully recommend that tire ce P"*'» s . ««* 0,1 «»•« ,3 ‘'' <•/ •[">
• • 1 . .. v . .. • 1 .* same monin. rlic ground ol error form
appropriations lor fi»rt,hcnlions,..nn«l t«ir |in |||C m of Kxceptiou* WM> lhni ,| lc
armiments, ami muniiioiis ol war, :isk«*d i Court below rejected i lie. deed which was
lor in the estimates already submitted ‘ ottered in the evidence on the ground, dint
trout this Department, should In: granted its execution tens not sufficiently proven, nnd
without delay, mid Hint the restriction! thereupon awarded and nonsuit, wit bout
which confines the ex|>endituceol’ them! specifying any pailicular defect in such
to the fiscal year should Ire so far reinov- i P r, *‘f ° r showing wherein the same was in-
erl as to allow n resort to them at oner, i sullicietti. 1_lie rejected deed was cxcctl-
on forts and fortificnl.oiis should Ire pr..sc : exccllI( . (1 lliu |m . 9(>ncc ol ! lwo n, (CMlinK
cutrd with vigor, mid at the earliest prat- | witnesses, and ticknuwledgctl before a Jtts-
ticahle Iteriod ; and that'lire Department ; ticc or the Peace; but there wns neither
should know what means it can command dale or place to the acknowledgment. The
il. lhe course of 11 lew mtiullis, that it may I paper produced as tlte original Hill of Ex
ception did not set forth n copy of tire deed,
ground,
ncyhac
We meet it by saying, that none ia re
quired.. The giving of bond and security
is optional not compulsory. In' all cases
where bond is given, or an affidavit filed as
provided for by the law, it operates as a nt-
persedeas. Failing to do this, the cppostle
party is at liberty to proceed, to enforce his
rights by execution or otherwise. The
Court are aware, that there are portions
of the statute, which seem to militate a-
gainsl this construction. They feel confi
dent nevertheless, that this interpretation,
will best subeeive the intention of the Gen
eral Assembly, and reconcile all the pro
vision* of the act. They hold then, that
the giving of bond, or the filing of affidavit
in certain cases, is a conditional precedent,
that must lie complied with, when the Bill
of Except ions, into operate as a supersedeas.
The failure or neglect to do this, will not
prevent this Court front hearing, nnd de
termining the causes, which may be sent
up from the Courts below.
The motion is therefore overruled. The
Court then proceeded to Ihe hearing of the
cause upon its merit*.
The ristor House on Fire f!—Probable
incendiarism—Fire at the Haseari House.-*
The City Hall bell began to peal last even
ing about 7 o'clock, nnd the thrilling new*
soon ran through the city like wildfire, that
the Astor House was on fire. The engines
were soon on the spot, and a very targe
crowd gathered nrouml in Broadwny, Inc
Park, Barclay, nnd Ycuscy sis. There
was no flame, hut a .dense black smoke
teemed 10 be issuing from nil parts of the
roof. Tlte wind wus rather high; and had
the flames once have burst out, and the
fire got fairly under way, nothing could
have saved the Astor anti the American
House. As it wns, the. fire wns speedily
extinguished having damaged only a few
rooms in the upper story.
The following stores tinder Ihe Astor
were materially damaged, but fortunately
for the ownersj were fully insured:—J. «
S. M. Langley’s bookstore; Bartlett 4*
Wclford's do; and Dougherty & Pearson’s
clothing store. There was no. dumnge
done on tire south side of tlte entrance.—
The building was insured in the North Riv
er and Greenwich Insurance Companies.
We learn Hint it was set on fire in three
different places. The safely and security
of the baggage of the immal'e* of the Astor
House, as well as the property ofthe house
itself, tuny be well ascribed to the cool and
deliberate organizntion, by Messrs. Cole
man A Stetson, of the waiteis, police and
firemen. No baggage wns allowed to be
removed until 1 he Itopc of safety brightened,
nnd then it wns restored in security to its
proper place. Nothing lias occitre'd to di-
ininis tire comforts of tire establishment,
which cannot he impeded by a temporary-
disaster like the present.—JV*. 1 Herald.
There'could bo n& such thing as ml
sasi'JsjwsJSiH
if there were no wants to be felt; no such
thing as industry, if there were no pains to
be taken: no such thing as humility ir
sensible infirmities and crosses did not
prompt ns to sober thought*, and show ns
what we are.
We had the pleasure of seeing. General
Houston yesterday for the first dine. He
arrived in Washington on Saturday nirht
and took his seat on Monday in the Sen.
ate of the United State* of Texas. Th»
The Stale of Texas I The Senate of the
United States ! How these word*, nailed
together for the strongest association, thrill
upon the feelings of the American I—Ok.
ALBANY PATRIOT.
Aran. u. ml
partitions than, the ordinary annual ap-! in the report to increase tlto milk ttntl file
prop rial ions contemplate. | ol companies to sixty-eight nr eighty-four
These greater preparations should con- 1 privates Iks Eppioved by Congress and
sist, as far ns possible, of such expendi-1 carried out, .there would Ire n disposable
turee'a* will be but anticipations of what I regular force for the fiats, nnd fiortiGcn-
at an early day, would be required, even tions on the seaboard and northern nnd
in case ol the establishment of harmony western frontiers; but this force would
with nil nations. ' ; not lutnish adequate garrisons in case of
They should consist, first, of an accu- aI > apprehended attack. Besides, it | Irest condition .... ...... ...a- tire opinion
mulation of naval materials and stores would require some months to raise the | I'T lorlificnliotts, ulreotlv made, have j As to tlte first ground lire act creating
' necessary, for the rapid equipment nl the 1 men, incorporate litem in the old regi-! exclusive rclerenee lo permanent works,. this tiibitiialis explicit, lhni the Bill of Ex-
vessrU which are alloat, for such of those ments, anti get them in position. Should j some of them not Itfgun.nntl others in n»; «-|uions, must Ire drawn up by tire party
- llic Court below.
&c., now wanting to make up a full sup-; The record was silent, ns to whether
ply. Considerable tithe is required to j any IhiiiiI nnd security had been given, or
lubricate heavy ordnance, Ac., mid pre- i allidgvil iiitulc, and also, us to lire residence
partitions cnnn’il Ire safely made in anti- °f Hie pkiintifi's in error,
cipation of the necessary appropriations.' , 1 hi* motion was argued by Akin, for
Some ofthe material* require In Ire pro- ' efettdents, inLrrur, ami by Haiiscll, Un-
not lutnish adequate garrison* in case of vide.l several years More they are in die jnjTlhmoq ‘Judgc , ’LunqXn S delivered
f, ' r I he ; estimates, the opinion of tlto Court nt-lbllows :
ulreouy made, have, As 10 the first ground tlie ncl crcnting
•nee lo permanent works, this tribunal is explicit, that the Bill of Ex-
^ w at Ire gun, ntttl others in m> 'eptions, must Ire drawn up by the party
onthc stocks as it mav be desirable 10 i this suggestion meet with favor; 1 etill I state of forwur«lne»s. .Willi all prac-tiea- or . his-attorney, within fot.r days after the
employ, and for such others as Congress think that authority should Ire given to | bio dispatch U will require, more than a ; J”“ !!!^!*_' tUf
A neilraa Rumor.
We yesterday saw a letter from a respect
able source in Vera Cruz 10 n commercial
house here, nnd dated the 1-lilt inst.—-the
night before the Oceana nnd Water Witch
left The letter stales explicitly that the
mail which arrived that morning from the
capital brought (lie news Hint Mr. Slidell
would not received,.and Hint viihin three
or four days lie would leave Jahtpa fur Ve
ra Cruz, to embark for the United Stales.
This (fillers from all the newspaper reports
we hove seen. This Icttet furthcrconliriiis
the report we have already given, (bat the
iiiuninencv of war between the United
States and Mexico has almost entirely in
terrupted -mercantile transactions in' nny
way dependent upon the continuance of
peacestill the writer himself, though
governed in business by this consideration,
was reluctant to believ'e that wor would cn-
sue.—JY. O. Pic. 3l*f uIt.
mny authorize t» ire built.' ” if meant are I the President to accept the semccs of; your incomplete them. Should the points j ffiauime —
grartled immediate measures can Ire adopt- volunteer companies, squadrons, banal- they are designed to covvr and protect Ire! .^ ()c (li( fi cll !, v is, lhni tire certificates
od fur tho collection of such materittls nnd 1 ions, regiments and state troops, for a term I threatened, lire-tlelenee ol litem will tie- |, as no ,| n , c ^ but iniisl not ibis' Court in
stores; mid tlto cady purr-base of many i not exceeding one year. Our situation I pond on temporary winks, mid these ■will favor of l’ubtic Officers, presume that lltev
■ require eousider.tlih'e.\|req<e. hnrllu-se, dUrltargc iln-ir duly, in coniplinncc with
no estimate h.is been subiiiiiu-il. The! tire law, in the absence of nil proof to the
precise character of these icuqtortiry dc- contrary 1 Moreover, it is in proof that no-
of them would be but an anticipation of may be such that, for the mere purpose of
what tvouhl soon be required for ordinary defence, these volunteer troops or militia,
expenditures.
The second branch of expense that"
should at once lie authorized, at tire dis
cretion of the President, should Ire the
repair and equipment of all the vessels in
ordinary, nnd ofthe frigate;
to tire number of fifty thousand, may Ire
needed. Under the direction of the Exe
cutive, the number actunlly received
would Ire regulated by circumstances.
The present fortifications of the sen-
„ * and sloops mi board, ns well ns temporary defences
the stocks. Were such authority and ; which must he resorted to in case of
means granted, the President- could cx- - threatened hostilities, must Ire garrisoned;
cruise a more free judgment ofthe selec- - ami the number 1 have mentioned, in ad-
tion of vessels for immediate preparation, ditioii to our regular force; unless it wns
whilst lire actual expe-idimre could Ire j gren;ly increased, would cerininly cot be
liiiiiicd to existing urgencies for tlte ves- mure than sufficient lo put lire country
*e1s,tuKl unprofitable outlays be avoided, )<u » reasonable * ,H, ° °*" security in case
if peace should continue.' of a war with Great Britain. On the
northern frontier, where there nre now
stntioned only about four hundred nnd
eighty men, provision should Ire mode for
placing, on the shortest notice, a force
equal to that in'Cmmdn, which could be
brought to nssail that frontier if hostilities
from that quarter should Ire reasonably
apprehended. There are at ibis lime
about seven thousand regular British
troops in that Provice. 1 should prefer,
in case it was necessary to call in the nid
of the militia for lire dclcnce of the coun
try, to obtain the troops required by the
acceptance of volunteers rather than by
the present mode of making a requisition
on the Executives ol tire states, and leav
ing it to them to raise the number requir-
by draughts, See., though it is probable
that in most instances the number requir
ed by the latter mode would Ire volun
teers.. Volunteers would be likely to do
more effective service when first called
out than draughted militia men. I would
respectfully' refer you to the acts of Con
gress bn tbislsuhject. [rice vnl. 9, U. 8.
Laws, chap. 470. session of 1836; chap.
>919, session of 1839.}
In reiatina lo raising additional regi
ments, I refer you to my views as expres
sed it! my report'to the President, and by
him sont to Congress.
In reference to a peace establishment,
I would recommend two new regiments,
fences cannot Ire designated ; nor can it
be now determined where they will Ire
wanted. I would recommend that a con
siderable sum fiir these purposes should
Ire placed at the discretion of the Execu
tive. If not needed it would not Ire used.
cniiimue.
Ittiulra advisable that the limitation
nertlolnrc imposed on enlistments in the
. VV ,lt l , *' u "unilret is confined
to 7,500 seamen, Ire suspended fi.r a de
tinue period, nnd tint further enlistments
be authorized anil provided for.
h is further projrer. even in tlte even.
...i*** 1 **? IO ln< rrail ' °'tr sea-goingsteam-
hut »J^ 1 Eu ' ,ed Stale* have
ron rt’7 hC M, *f ,S4i PP' and the Princ-
fon-that can crui-e at 6( . a . 1 would re-
oumjtend that authority be granted for
the construction of throe steam frigates.
* l,M P*t att'l two steamers ofn
not b« r f* 8 *** un increase would
or W*„, , ' prop ? f,,onalc resources
or w anu a U(ne 0| . profound , ranquili .
crearo ihl d i a 1^7, ne ' : . c *» ar y ‘° in *
Thi« _! na , n if aiMl oronance stores,
of exnm*e’Jic U v >C an anticipation
in-aS^-fo b,< *’ a . 1 a " wr| y day.
aSESlX? 1 * °f •rtamert
ri reparo,, which
^repetition of t\^
ticc, that the Bill of Exceptions Itnd been
certified and signed by the Judge, wns ser
ved upon the ndvetse party, on the third
day after the trial. It is apparent, therefore,
that this act wns performed within the Jour
days. Id cerium esl quad cerium reddipotest.
The second and third grounds nitty be
In my opinion, two to three hundred considered together. The 4tli section of
thousand dollars might properly Ire ap- ‘the statute prescribes, that the party bring-
pmprinted fiir those objects. In case of . ing ttp the cause, shall specify in the Bill
war or threatened iitlai-k a much larger |°f Exceptions, the errors complained of.—
sum would be necessary. h 13 very imporu.nl for the correct ndt.un-
- tsir.itton of the law, us well as for Ills own
; justification, that the Circuit Judge, in the
. language of ihe Legislature, should see 10
it, dial the Rill of Exceptions “ 6e true and
Very respectfully,
Your obedient servant,
W. L. MAIICY.
Secretary qf War.
Hon. Thomas H._Benton,
Chairman of Committee on Military
Affairs, Senate.
Correspondence ef the Herald and Tribune.
. Laic and Important From .Heiico.
Pensacola, 'March 30, 1846.
GentlemenTlte U. S. brig Somers,
Commander Ingraham, arrived here yes
terday, 8 days from Vera Cruz, with the
important news Hint our Minister, Mr.
Slidell, bad been rejected and would re
turn home in the U. 8. sloop St-Mary’s in
a few days. There was considerable
excitement at Vera Cruz growing nut of
this movement, anil the opinion prevailed
that our squadron would open a fire upop
the place offer Mr. Slidell to »k hjs depart
ure—the truth of this we shall learn on
the arrival ofthe St. Mary’s.
There was another revolution anticipa
ted lo take place in a very few days.—
Geu. Ampudia’snrmy which had been or
dered to the frontier of Texas had revolt
ed, and ahoul 1,000 refused to inarch any
further iu-lhai direction, and the remain-,
der, about 9,000, not being very desirous
to proceed themselves, would not force
thcnlhers, so they canto to n lialt. _ _
'lire frigate Cumbertand bad arrived
consistent tcilh what has transpired in the ease
before him," for upon this paper, and Hie
transcript of the record alor.e, nil matters in
this Court must be heard nnd determined.
The omission of a single fuel, or the inser
tion of one, which did not exist, may nnd
likely will, wholly detent the ends of jus
tice.
The Court nre constrained to admit that
the errors conipluincd of, arc not set forth
with that distinctness which is desirable ;
still they do not deem the defect in.lhis in
stance so palpable, as to force tlto Court to
dismiss tlte writ. A copy “in words or
figures” of the reject etl deed is. set out in
the report, nnd tho Judge certifies that it
is 0 true narration of what transpired before
him in the trial below. We infer, there
fore, that there was no evidence produced
as to the nxecution of the deed, except, tho
indorsement of registration, by the Clerk,
upon the attestation of the two subscribing
‘ " " "* acknowf-
witnesses, accompanied with the
edgement ofthe (coffer, in the presence of
the magistrate, and that Ihe error, if nny
wns committed, consisted in ruling, that,
this proof was insufficient to go before the
Jury.
The fourth amt fifth grounds are aban
doned. To prevent tuisspprehensioo, the
Court would observe, that (he.Bill require*
that ■ a complete transcript of the entire
record of the cause below,'’ and also the
Bill of Exceptions, Its sent up 10 Ibis Court.
The last; and perhapaihe roost impor
From Ihe Boston Morning Post.
Naval, Ar., from Rio Janeiro.
On the 32nd of December, Mr. Wise, our minis
ter to Brazil, the empress, the minister of marine,
and several Brazilian officers, the American consul
at Rio, Com. Stockton, Capt. Dupont, and the offi
cers, of the United States, were handsomely enter
tained on board the U. S. sloop-uf-war Plymouth,
by her courteous Commander,' Capt. Henry. The
Brazilian minister of marine examined the ship
very minutely, uccompunied by CupL Henry and
Mr. Wise, and expressed himself in the most flat
tering terms of her beauty nnd efficiency. The
following letter from Mr. Wise, addressed to Cape.
Henry, shows the high estimation with which the
Plymouth was viewed by her distinguished visiters:
Legation Uxited States, )
Rio de Janeiro, Dec. 36,1845. S
My Dear Sir:—Since my visit to the Plymouth,
with his excellency, Holland* Cavalcanti, Minister
and Secretary of State for the affiiin of tho marine
of the imperial Government of Brazil, on Monday,
33d instant, I have not had the opportunity until
now to make the proper and due acknowledgement
of the pride I felt as an American citizen, as a pub
lic functionary of-my country, and aa one ever alive
to the improvements and prosperity of our Navy, in
the exhibition o( the perfectly beautiful and efficient
ship under your command. You, your officers,
crew and corvette an entitled to my testimonial,
and they shall have iL
For besoty of naval architecture, for order, sys
tem and comfort of internal arrangement; for man-
of-war like appearance; forapparehtefficiency; for
battery, and particularly its preservation; for apace
to fight or work; fdr ventilation by porta and pump*;
for adaptation especially, in.all respects, to a warm
climate; for total absence of all “gim<raetteryi
for lightness and yet strength; for elegance without
one extravagant or useless ornament; fur quiet
discipline, and for the sweet and cordial shipshape
entertainment which make* so favorable an imprea-
aion of our country upon strangers abroad ,1 have
ten a ship, of oar own ar any other naffon,
to surpass, and, in some respects^ I might say to
equal, the gamsdoeking Plymouth.
His Excellency, tba Minister sf Marine, who las
a good eye, looked inquiringly about him, and be
was so struck with admiration of the naval model
he waa inspecting, that be will doubtless seek of
you further infonnatiou, to enable him to cause its
imitation by the service of which be is the distin
guished brad. I trust thst you will furnish him
with drafts, if required, and I have the Iwaor to be,
with thanks for the honor yon have done our no
tional character.
Your obedient servant,
HENRY A WI8R.
Capt Hzaar Hzzet, U. S. ship Plymouth, harbor
of Rio Janeiro.
at Vera Cruz previous to the sailing of, uni objection, U that embraced in thc6ib
The commencement of s new rol ism sssm lobs
an appropriate occasioa for s familiar ebat with oar
We have been enabled, through yoar Kb-
oral support, to increase the size ofthe Patriot with
out increasing the subscription price, ft w ;f[ con _
tinue to be issued at the low pries of %i j*, Jnu .
payable in advance, or 83 at the end ot the year—
This, we hope, will be considered a substantial sc-
koowledgemeiiC of oar gratitude for your k indues,,
and will stimulate yon to lay ns under still gnster
obligations, by assisting ur to extend our circahtim,
and consequently, to enlarge the sphere ofour use-
fulness. With oar enlarged sheet, we shall a.
crease our exertions to render the Patriot still more
worthy ofthe confidence end patronage which las
been extended to it It will* be our ambition, to
place it in the foremost rank of newspapers, is re
gards moral tone, usefulness and general interest.
We shall continue to labor with honest zee), ta pro
mulgate truth, and expose error; toerreoangu vir
tue and censure rice; to staaulste honest industry,
diffuse useful information, and hmJcale correct prin
ciple! of action. As a political paper, we siml) firm
lymaintain our Democratic foith—equality of polit
ic*! rights. Whilst we shall occupy the pest sf
sleepless sentinels over the rights sad interests sf
our country and society, we shall keep oar rrsd-
era informed of the most important aews of the day,
and in abort, shall endeavor to do our whole daty as
public journalists.
To the conductors of oca excuazce Tints, we
feel that we should be doing injustice, did we wkh-
bold the expression of the obligations which wear*
under to them. We tender to them our sincere
thanks for their kindness, and our best u isfo* hr
their success.
Dadlins—Pnblir Opinion.
In our lest, we attempted to show the heinousnere
of the crime of duelling—the absurdity of the rea
sons which lead to its practice, and its bsnefal ef
fects upon society, as well ss on its votaries ssd
those more immediately connected with them by the
ties of kindred or friendship. H’e doubt not that s
very large majority of those who read that article
approved the opinions which were expressed, sud
were ready to denounce the practice of duelling, u
unchristian, demoralizing and barbarous—it is the
almost unanimous sentiment of the public, when ex
pressed in tntrds. But the acts of the public give
the lie to its professions, and is thus Use real caaae
of more duels, tlian all other causes combined—
When did the public encourage sad elevate a mas,
who had the moral courage to refuse to challenge or
accept a challenge, under circumstances dictated by
a savage custom 1 Nay, when dal the public sot
look coldly upon him, or mutter the vile epithet sf
coward, or point the finger of scorn t On the other
land; bow many examples could we point to, of
men who have risen from comparative obscurity to
great favor and influence in society, through tho
eclat of a duel, in which, with deliberate parpwr.
they have shed the blood of their fellow mao? Ho»
ioconaistant is public opiuiod—driving men to foe
alternative of choaeing innocence, coupled withfib-
lie contempt, or guilt with consideration and world
ly honor.
Ia it strange, that under such circumstances, mm
of lacerated feelings, reined hopes, or onsoccessfd
ambition, should sometimes reoast to the duel, fss-
getfal or neglectful of all uther considerations, h>-
tnan or divine, but the fear of public iafemy, or for
hope of pablie favor. This state of public opiaio*-
this secret influence, which outweighs positive h*.
is an unconscious rebellion of the basest passim*
and sympathies ofour nature against the intrllccta-
aland ratkmzl—the beastly instincts of the safest
againdt the moral sense and judgment ofthe***-
How, it may be asked, shall public opinion ta**^
reeled? We answer, let every man correct km °**
opinion, by taking a rational view offoe *"*•
him sustain and encourage an adherence tafo* 1a«k
and frown upon all attempt* at their violation.—
When be has corrected his opinion, let him hive fo»
firmness, not only to express it when neceafery, bet
to act upon it,—so shall public opinioa bs corrects!
Wc love the brave man, and are no apologist of
the coward—hut he only is truly brave, whom neith
er the fear of public opinion, nor any other coosidw
atioo, can swerve from a ronscirailinus perform"**
of duty; and be ooly is a coward, who dare DC* d*
right, regardless of<
Smce the President and fronds of the Nser*
War Departments have terommeadsd aa fe c ’** -
ofour Military and Naval force, several sflfoW
position paperm bare raised tha akderys*
gance and rain. By alarmlH thaaoe^akklfe
great expense that wiH tmve fobs hoeao, thsyfef*
to frighten the Gaaanmroak lire making «*g PP
eration for dn'snss ‘ Vb ksllsvs aa Imams* di*
Naval anfo Mattery fees* base* macy. whstfes**
lavranaMhktffasearask. Inthnpreanhfo**
atfemrf the world; a Government entirely mumf*
entirely
ad ftevrar.canoutsuullsSs tilth smseass.
IsacS vs spirted. Her Cl—rreafe aahjsrt »
noyances, asd hee orttzese to insult. To to
vipeed ol these’ feats- w* have only'
HrrM
The plaaet Mercury ia risible evening*,
about half an hour after sun-down. It is
Jb
.ma