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HE LAY OF THE MOURNER.
BY MRS. C. B. WILSOJT.
It is not raid the busy throng,
When all around from care are free,
That tender thoughts came stealing on,
Mingled with fond regret for thee !
It is not in life’s giddy round.—
The crowded scene, —‘*the hum of men,”
My heart is concious of the wound
Thot ne'er on earth shall heal again !
No!—it is when the busy day
Is o'er; and night, in sable pall,
(Chasing each worldly thought away,)
Veils lowly cot —and lordly hall!
When sleep sits close, on happier eyes,
On lids from Sorrow’s tear drops free,
Thai phantoms of the past arise
And Memory's visions turn to thee !
%
Fes ‘ —oft thy smile’s remember’d light
Illumes the darkness of my soul,
In the calm hours of “stilly night,”
When Fancy reigns without control!
Oft do the morning stars surprise
(Those ling’ring gc.ns pale daylight knowSj)
My vigils—ere these wakeful eyes,
Have tasted slumber's brief repose!
They bear me on from place to place;
From rustic scene to lighted hall:
And, if Joy’s sunshine cross my face,
Deem that I have forgotten all!
But wrong them deem !—unquaffed by me,
Lethe’s oblivious wave may flow ;
I would not loose one thought of thee,
For all that pleasure could bestow !
Thy memory !—’tie the light that flings
Radience, —where darkness else had been,
The link to which my spirit clings,
To draw it from this mortal scene;
It is the one inspiring thought,
From all earth's grosser passions free ;
The whisper’d Hope, with rapture fraught,
.That where thou art—l yet may be !
They who would bid my fancy range,
From dwelling on thy meai’ry here,
What do they offer in exchange,
That I could cherish half so dear ?
My guide on earth, my hope in heaven,
The pilot of Life’s darken and hour;
‘Oh ! say—what bliss has pleasure givon,
To equal Sorrow's hallowing power ?
In considering the congregated world as assem
bled on the day of Judgment, the following is
. Pollock’s delineation of
THE HYPOCRITE.
Great day of revelaton ! in the grave
’The hypocrite has left his mask ; and stood
In naked ugliness. He was a man
Who stole the livery of the court of Heaven,
“To serve the devil in; in virtue’s guise
Devoured the widow T ’s house and orphan’s bread ;
In holy phrase transacted villanies
That common sinners durst not meddle with.
At sacred feast, he sat among the saints,
And with his guilty hand, touched holiest things.
And none of sin lamented more, or sighed
More deeply, or with graver countenance,
Or longer prayer, wept o'er the dying man,
Whose infant children, at the moment, he
Planned how to rob: in sermon style he bought,
And sold, and lied; and salutations made,
In scripture terms; he prayed by quantity,
And with his repetitions long and loud,
All knees were weary ; with one hand he put
A penny in the urn of poverty,
And with the other took a shilling out.
On charitable lists—those trumps which told
The public ear, who had in secret done
The poor a benefit, and half the alms
They told of, took themselves to keep them sound
ing :
He blazed his name, more pleased to have it
there
Than in the book of life. Seest thou the man !
A serpent with an angel s voice ! a grave
With flowers bestrewed i and yet few were-de
ceived.
His virtues being over done, his face
Too grave, his prayers too long, his charities
Too pompously attended, and his speech
Larded too frequently, and out -of time,
With serious phraseology—were rents
That in his garments opened in spite of him,
Through which the well accustomed eye could
see
The rottenness of Jhis heart. None deeper blush
ed,
As in tfye all piercing light he stood exposed,
No longer herding with the holy ones:
‘Yet still he tried to bring his countenance
To sanctimonious seeming; but meanwhile,
The shame within, now visible to all,
His purpose -baulked—the righteous smiled, and
even
Despair itself some signs of laughter gave,
And ineffectually he strove to wipe
His brow, that inward guiltiness defiled.
Detected wretch ! of all the reprobate,
None seemed maturer for the flames of hell;
““Where still his face, from ancient custom, wears
~ A holy air, which says to ail that pass
II ab: liy was a hypocrite on earth.
TO A LADY.
Uouldst thou not leave the princely hall,
Should dark misfortunes come,
And be a bi ight and gay to all,
Within the vine clad home.
The May-birds should sweetly sing,
To chase each starting tear,
And round thy path should violet spring—
The loveliest of the year.
And thou shouldet watch the beauteous birth
The blossoming of Hewers,
And mid the merriest things of earth,
Record thy artless hours.
The laughing rills shall brightly blend
Thy smiles in every wake,
;And shout thy name as they descend
In beauty to the lake.
And ’neath the rich embowering vine
Shall ring thy voice of health—
Sav—wouldst thou not for these resign
-The pageantry of wealth ?
The New : Yoifk Evening Post, says— f‘ we are
informed,and take pleasure in mentioning the fact
that the gentleman of New-York, who so gene
rously deposited in one of our banks SI2OO, to the
credit of the Ex-President, Monroe, for the pay
*en of interest on the mortgages on his estate,
was Silas E Burrows, esq. K
The Philadelphia United States Gazette , says—
lt The friends of Andrew Jackson, in Harrisburg,
have recently given a dinner to the Hon. Edward
Livingston, who was on a professional visit to that
borough. Mr. Livingston s speech over his cups,
was even remarkable for violence and misrepre
sentation.”
George Robertson, Esq. has been appointed se
cretary of state, by governor Metcalfe, of Kentuc
ky-
The Boston evening Bulletin informs us that an
individual has offered to appropriate SIO,OOO to
the establiihinent of a practical seminary for the
cultivation <fcf the various branches of agriculture
and mechanical, science, to be located in the cen
tral part of Massachusetts, and placed under the
supervision of the American Lyceum. It is ex
pected that this institution,.which is to embrace
extensive workshops, gardens, &c. on the most
approved models, will go into operation early in
. the ensuing spring.
Portland , Sept. 19.—We understand there was ■
an affray on Tuesday last among the workmen on
the canal, in which one man was killed. Five of
the offenders have been apprehended & stand com*
mited for trial at the next court. We have not
received the particulars of the transaction.
CIRCULAR TO THE COLLECTORS. J
Treasury Department, )
September 9th, 1523. i
Sir: The tenth section of the net of
Congress of the 19th May, 1828, on alter
ation of the several acts imposing duties
on imports having made it the duty of the
Secretary of the Treasury, under the di
rection of the President, from time to time,
lo esablish such rules and regulations, not
inconsistent w'th the laws of*the United
States, as the President shall think proper,
to secure a just appraisal of all merchan
dise imported into the United States, and
just and proper entries of such actual va
lue thereof and of the square yards, parcels
or other quantites thereof, as the case may
require; and of such actual value of every
one of them, I have now, with the appro
bation of the President, to communicate,
for your government, the rules that follow.
They will be subject to such additions and
modifications as more time and experience
may point out as expedient.
The above act gives no specific direction
as to the number of packages of imported
merchandise to be opened and inspected at
the Custom House. But it requires, that,
in all cases in which the duties are to be
regulated by the square yard, the value is
to be appraised and ascertained, as well as
the number of square yards.
The Pfith section of Hie supplementary
collection law of the first of March, 1828
specifies the minimum number of the pack
ages that are to be opened and exaiwmed,
and leaves it discretionary with the collec
tors to have as many more opened and ex
amined as they may think proper.
Hence, in relation to the number of
packages to be opened and examined, you
will still be governed by the act last men
tioned. Pursuing, however, the spirit and
intention of the act of the 19th of May last,
it will be proper in every case, in which
the value of the goods is stated in the in
voice, with reference to the running yard,
or in which the duty is to be regulated by
the square yard, that there should be an
actual measurement of a reasonable num
ber of the pieces of the goods, so as to be
satisfied, on the one hand, that the number
of running yards included in the invoice is
correct; and on the other, that, by taking
the average number of the square yards in
the pieces measured, a fair estimate may be
made of the number contained in
pieces in each package.
In the measurement to ascertain the
number of square yards contained in any
given piece of goods, the lists, fringes, and
selvages, are not to be included. In order
to the better preparation of this ietter, a
correspouder.ee was maintained with the
collectors of the principal ports of the Uni
on, dining the past summer, in relation to
the execution of the act of the 19th of May,
and it appears, among other things, that
their practice differs on the above point;
some including these appendages in their
measurements, whilst others have excluded
them. On fully weighing the reasons ap
plicable to the case, those for exclusion
have been adopted. The list of woollen
cloths is a coarse border, for -the
of distending the web in the loom, and by
its contrast of colors, exhibiting the cloth
to advantage in the piece. But in the con
version of the cloth into garments, it is torn
off and rejected as useless. If included in
the measurement, the operation would, in
deed, sometimes be favorable to the reve
nue, but not always, or perhaps generally,
as the minimum under which the cloth would
be classed, by including the list, would re
duce the cost in proportion to the increase
in the number of square yards. The differ- !
f-nce, under this principle, might sometimes
prove 13-he very great against the revenue.
The reason for excluding fringe is consid
ered to be equally strong, although, as an
ornamental appendage, it cannot be called
useless. Yet, if fringe is to be included in
the square yard measurement, the -foreign
manufacturer will be furnished with a mo
tive to enlarge its dimensions and reduce
its cost. Thus, while the main fabric may
be greatly enhanced in va ue, it may, nev
ertheless. by the effect of the fringe, be
completely reduced from one minimum to
another, to the manifest disadvantage of the
revenue.
The enclosed documents, (lettered A,)
furnished by collector Jones of Philadel
phia, exemplifies the effect of including and
excluding selvages and fringe in the mea
surement.
It appears to have been a long establish
ed usage of tr.ide, in some ports, to allow a
per centage, not, however, exceeding five
per centum for measure, on broadcloths, in
the running yard In other ports, the
same per centage has been allotted as uj
discount from the price, on the same kind ;
of cloths. There is no direct pVovbion in* 1
the revenue laws relative to these discounts,’
which appear under one or the other form 1
to have been always allowed. BuHhe col- ‘
lection law provides that the ad valorem ‘
rates of duty shalhbe estimated on the ac
tual cost of the goods. Hence, it has been
deemed consonant to the spirit of the law,
to allow all fair discounts or deductions ac
tually made oil the face* of the invoice.-
Such allowances may, therefore, be conti
nued as being deemed reasonable, as well \
as leietofore sanctioned by the government,
The usage, howevei, must be continued to
hioadcioths, not extended tocassimeres, or
oilier narrow Tgoods, nor must it exceed the
above limit.
In regard to the measure of length to be
used, Congress having established none for
the United States, the Euglish standard, as
hemg the one‘generally ,n use in all the
St.ites of the Union amt st be the standard
adopted. You will therefore be confined to
resort to this until otherwise directed iu
maimer as you have heretofore done in vour
district. J
In the execution of the duties assigned
by ar the appraisers, it will be necessa
,rytfou they should make certain re.urns to
he Collectors, aud keep certain records in
their own office.
fur 'herance of these objects forms are
enclosed herewith, numbered l &, 2.
IS umber 1 supposes a case wherein wool
len goods aie measured for on importer,
and consists of seventeen columns, including
the” column for remarks The columns
being filled up according to the facts ilici
ted in live appraisement, will exhibit, it is
believed, all the information requiied by
the Collector for ascertaining the duties cor
rectly,. Similar returns will of course, be
made by the appraisers to the collectors, in
relation to other goods appraised ana meas
ured.
Number 2 is the form of the record book
to he kept in the office of the appraisers,
and is intended to exhibit a full view of their
proceedings during each quarter. In pre
paring this form, it has nut been thought
necessary to include every description of
goods that will be appraised aud measured
The appraisers w ill, themselves, make such
additional columns, as their experience may
point out to be necessary.
The principal object of this record book
is to have under one view, the cases in
which differences may have been discov
ered between the running yard per invoice,
and the running yard per measurement ;
and the additions made to the invoice val
ue of goods.
The foregoing remarks are more immedi
ately intended for ports at which there are
public appraisers already appointed under
existing laws, but they apply also, iu part,
to ports wheie there are none. For ex
ample ; the regulation, by Jaw as to the
the number of packages to be opened and
examined is obligatory upon all the collec
tors, but it does not follow that in everj
case of importation a formal appraisement
is to be made, subjecting the Government
to expense. Thrs in both description of
ports, must depend upon the facta disclosed
by an examination of theinvoices* and open
ing and the packages subjected
by the law to these opperations. There
is only this difference, that at the ports
where there are public appraisers, these
officers iu conjunction.with4he collectors,
w ill judge of the correctness of the invoice
prices, as well in relation to the packages
not opened and inspected as to those that
are; and will be governed by the result, as
to whether a formal appraisement is neces
sary or not. At the ports where there are
no public appraisers the collectors them
selves must be judges ou the points in ques
* tiou, and act accordingly.
It devolves on those who are thus to de
cide and act to make themselves acquainted
by all the means in their power, with the
qualities of goods liable to ad valorem du
ties and their current market vvalue at the
place of exportation Microscopic, or
magnifying glasses, sometimes called “coun
ters, “are often resorted to as useful aids
iin determining the true quality and value
of cloths, of whatever material composed,
| that are of a fiue texture. Manufacturers
in Europe use them, as well as common
purchasers. You are authorized to procure
such glasses for the use of your office, con
trived in the best manner for answering the
purpose in view.; a permission that will na
turally apply only to those officers where
’from the amount on importations the col
lectors suppose that these .instiuments will
prove advantageous.
No furl her remarks are deemed neces
sary to be made to you at this time. Uni
formity, as far as it may be practicable in the
rules and fermsio be observed in the several
collection districts, in executing the act, is
very desirable liven where it may be
supposed that the ends proposed by the
act may be equally attained by the pursuit
of different means, the principle of unifor
j miiy is still desirable, on account of the nu
merous returns made to the Treasury from
all the Districts of the Union.
1 remain, very respectfully,
Your obedient servant,
RICHARD RUSH.
From the Baltimore American.
Commerce of Mediterranean —The shores
of this great inland sea were among the
earliest that history records as cultivated
and civilized This precedence they ow
ed as much to their natural fertility as to
the facility of navigation afforded by that
great inlet of the ocean Considered in
all points of view, the coasts of the Medi
teiranean comprise perhaps the region the
most favourable, on the whole, of any in
the world, to populatton and wealth.
Whenever they.have enjoyed governments
even moderately good their natural advan
tages have pushed them to a high degree
of prosperity. .Egypt, Tyre, Cyrene,
Carthage,; the ancient republics of Greece,
Asia Minor, Italy and Sicily ; and the mod
ern ones of Venice, Florence and Genoa
are examples of this Yet such is the in
fluence of bad government, that there is not
at this day a country -chiefly bordering on
that sea, that does not fail far behind in the
general scaie of European industry and
If the humane ‘in the possible destruction
of Turkish power in a part of these coun
tries, foresee some melioration in the con
dition of a.part of their race, the merchant
will not be without his advantage in the
probable extension ol commerce. It is not
easy to say how greatly this would be aug
mented by regular government, and laws
protective of property, in regions so sin
gulai ly lavoui ed in climate, soil and variety
of pioductions. Constantinople, from .its
position already a grand entrepot, even un
der a Turkish administration and the cen
tre of a.vast trade both by sea and over
land, would become a residence truly im
perial. It is a curious subject of specula
tion, if circumstances had allowed Peter
the Great to push his conquests on his
southern instead of his northern neighbours I
and instead of/onnding hi s city of pS i
in the marshes of the Neva* to h*ve occu
| pied the city of Constantine on the magni
ficent Bosphorus—what vaster acquisitions
| would have aggrandized his successors,
| and what sensible changes would have oc
curred in the condition of one of the most
interesting portion* of the globe Front all
appearance, we are likely to see, in this
generation some rival of the ancient magni
licence which followed the successors oi \
Ctesar to the Thracian Bosphorus, and the
harbour ol the “ Golden Horn. Home
nas been the scat of two empires the most
extensive that have ever existed, a military !
and a religious one. Constantinople, winch
has alreaoy been the seat ot <wo, may be
come the residence of a third.
From the Boston Daiiy Advertiser.
FROM CAN ION.
We are indebted to a friend tor the loan
of Canton papers to March 29- The new- \
ly appointed Judge, named Yewstowtuug, i
had just arrived from Canton. He was
reputed to be a man of great strictness aud
severity, and great benefit was expected
from his justice and impartiality. The new
Howkwan, commonly called by foreigne/s
the Hoppo, or Commissioner of the Cus
toms, was daily expected. His name is
Eecnlung. This officer is appointed by
the sovereign. An express was received
at Canton, March 29, from Peking, to send
up to court 3 OOi) taels from the land tax —
about $4,000. The Register says that the
embarrassments of one of the merchants of
the Cohong, had been a subject of veiy
great interest for several weeks, and that
bis debts would amount to the sum of sev
enteen lacs of dollars, with very few assets
to meet them, and his failure, or as it is
called, the breaking of his Hong, was con
sidered inevitable. Ills arrears to the cus
toms for duties were upwards of four lacs,
and the remainder of his debts were chiefly
.to European and American residents. —
The matter remained iu suspense, waiting
the arrival of the new Hoppo, when it
would be brought to an immediate issue.—-
The insolvent in such case is committed to
,custody, and is afterwaids transported to
Ele, iu Western Tartary, for life. In sev
eral instances the bankrupt Hong merchant,
has been .pardoned, and iu that case is per
mitted to return to his house.
According to accounts from the Birmau
provinces, Amherst town was in an unpro
j mising state. At Rangoon tnere was an
intelligent and liberal native governor.—
Dr. P rice, the Missionary, had the care of
the education of some Birman noblemen,
and obtained the Bible for their use, from
the English Bible Society at Canton.
Washington, Sept. 22.
We understand that an arrangement has
been entered into at Green Bay, betwixt
governor Cass and colonel Menard, com
missioners appointed by the President for
that purpose, and the Winnebago Indians,
by which the .latter yield to the U. States
the present occupation of what has been
termed the Lead Mine District, and agree
to receive the sum of twenty thousand dol
lars for the injuries they have already
sustained from the encroachments of the
whites; and promise to convene at a future
day, lor the purpose of treating for a final
cession to the United States of this valuable
section of c<>untr y,-—Journal.
It will be seen by an official publicatihe
iu another column of our paper, that ton
M exican govern ueut has rescinded the or
der by which all invoices of foreign goods
received iu the Mexican ports were to be
presented iu those ports, with the official
certificate of a Mexican consul or vice con
sul in the port whence the goods were
shipped. The ordinance had caused much
inconvenience and delay to merchants, and
its abrogation will cause general satisfaction
to the commercial world.— ib .
OFFICIAL PAPER.
The following letter from the secretary
of state for Foreign Affairs of Mexico has
been officially commuuicated to the De
partment of State :
To H. E. Joel R. Poinsett, Minister Plenipoten
tiary from the United States of America.
Palace of the Federal Government , )
Mexico, 19th June, 1628. $
Most Excellent Sir: The most excellent
President, after a mature examination of
the report made to him on the subject of
the provisional obligation imposed upon
foreign commerce to present, in the ports
of the Republic, all invoices of goods bro’t
to them, certified by the Mexican consuls
vice consuls, or commercial agen<s, at the
ports whence they proceed, and having also
tukeu into consideration the several rem< n
strances to which this has given rise, has
been pleased to direct that the said obliga
tion shall henceforth cease and have no ef
fect. In consequence, the necessary or
ders have been given by the Treasury De
partmeot.
I .iare the honor to make this communi
cation to your excellency, by command of
the most excellent President, and to repeat
to you the assurance of the distinguished
consideration with which I am,
Yopr excellency’s very ob t serv't.
JUAN DE D. CANEDO.
Responsibility of Carriers , Masters of
Vessels , and Coach Proprietors.
The responsibility of carriers, by land
and water, for the goods intrusted to their
care, is now become a question of very
general interest, both as it regards the pub
| lie and individuals engaged in fhis brauch
iof commercial enterprise. Considerable
t capital has been long embarked in this
! lrade \ , b . ut of4ate years, two most impor
tant additional classes of carriers have been
called into activity, by the progress of mo
! dern invention aud improvement—we al
lude to the proprietors of stage coaches and
the owners of ste,;m vessels .Os these
; T ll , l *' e * ast quarter century, ahe former
I, c “ een surprisingly increased, and the
i ,alter have altogether created by the most
i wonderful and musuistlul of human discov
j eries. We shall, therefore, make no apol-
I ogy for attempting to call the attention of
j our readers to a subject of such magoiiude
aud importance as the legal responsibility
of these public servants for the safety 0 f
whatever is entrusted to their care: and
as this part of our law is a subject of much
historical interest, we shall,take this opor
lurmy of offering some observations both
on its origin aud present state. Both in this
country and in England,(from whence in
deed we have Wowed our more recent
doctrines upon this poinrj ve w
the law as follows :—lt is irapossju
the public servants of this class to iij t V
responsibility for goods, however va. * ‘
by any general announcement th H Mui
will not hold themselves ‘liable i
than a certain sum, unless they aie ,
ed of their real or estimated vain*. -
a certain msuiance premium above •’ *”
dinary rate of carriage ; and that ar
tisement in the newspapers, or even H ?
ted placard displayed at the wharf or
! office, unless it can be proved to have?’
| seen or read by the person confidi,?
; to the carriers, will not be effectual
limitation of the general
which they are liable. But at the
time, wherever there is distinct ev f 1
that the person sending goods was \J*
ed of this limitation, either by the c ?
j him>elf or by his clerk or agent a?
| chooses to run the risk of the safe •’ ’
of his property at its place of destij.’
rather than pay the increased rate of ‘
j riage ;in such a case we understand i*
’ there can be no doubt (unless there a e “
cumstances of personal suspicion) th a * ?
ship-master or coach- proprietor has
ceeded in limiting bis individual respond
ity. And it would be a matter of extr?
injustice if it were otherwise ; for it mil J
remembered, that under the edict
Canpones Stabulari, which wehavea?
ed, and extended, the public servaui ?
only liable for himself and those emijU
by him but also for the fraud or nmem?
of his passengers—a risk against which |
is quite entitled to secure himself, and •
running which, he is unquestionably justjt
in exacting a corresponding remunerate
•To the Editor of the Baltimore Gazette
The subject brit fly torched in iheabcv
is one of very general concern in thiscci
try, where travelling by stages and
boats has so much increased, that int!
latter there are often many hundreds j o|
neying in the same boats, and, of cours
where all sorts of spirits are huddled i
gether—but it is also highly interesting
krftiw, how far the proprietors of puli
houses are liable for the honesty of the
servants and guests. For example, I
state a case of actual and very recent o
currence in a public house in PhiladelpH
which is now kept by a well bred gerul
mm, and which I consider decidedly (t
most genteel and comfortable in a citvni
distinguished for the style and accoinnu,
dations of its taverns- A highly respect!
ble French gentleman, bearing an introdut
tipn from gen, Lafayette to one of the nun
accomplished scholars in that city, bo jus
ly distinguished for its science and litera
ture, stopped at the house in question, am
without fear or suspicion, left his pocke
book in his chamber, whilst he went to hi
breakfast; on his return his pocket boo
had been stolen and he was left in a
city without a shilling, but happily not with
out a friend, for he was generously reiievei
by a loan from the gentleman to whom hi
brought the letter of introduction—quer
as matter of law merely—how far was tbi
landlord bound to reimburse the loss, eap<
posing that to be proved ? It is a q(italic
that interests every iaudiord and every in
veller in the United States; and no lawyei
could better answer it than you, but as it u
in the way of your “vocation,” take ootid
I do notask it professionally, lest you nigh
demand a fee.
From the Charleston Courier.
Practical Effects of the Tariff.— Tin
following is an extract of a letter from ai
experienced and extensive planter in tbi
vicinity of Augusta, to his corresponded
in this city—it is dated 26th Sept. 1828.
“The noise now making abcut the Ta
riff, I think will all end in smoke. Whel
the people find they can get their coari
clothing cheaper than the last year, the)
will settle down and be contented. I haw
bought my negro clothing and shoes 10p
cent, lower this, than the last year, ad
sixty per cent, less than when I imported
the former direct from England, a fen
years ago; and the fabric is at least 10 pel
cent, better in wearing. And, besides,
what has our Triff to do with the fall in
price of all the cottons raised in other parti
of the world. It is all madness and folly.
The whole secre t is, we raise ton much of
it, and ought to turn our attention to some*
thing more promising and productive,”
The Tariff. —A few days since a tailor
in Baltimore was expatiating very loudly
against the Tariff and the friei ds of lb*
American system He contended, thatwa
had better import cloths , because, a sh
said, they could be had cheaper!! A by
stander asked him if it would Jiot be still
better to take off the duty, and import
ciothes already made—because they could
be had cheaper—for, in England Jour
neymen work for a shilling *ieiiiog p e ’
day. The tailor reflected a few
when he declared himself satisfied, and tht*
for the future he would not only justify
general principles of the Tariff*
the friends of the American system#
From the N. Y. Commercial Advertiser.
In the case of the People against flunti
which the District Attorney moved to briflj
on in the Oyer and Terminer, day b ofott
yesterday, Judge Edwards on reading
affidavits refused the motion of tire
ant s counsel to continue the cause
another circuit and it has been set
for the 10ih October next. The indict*
ment in this cause was found at the instants
of Mr. Russel, in August 1822. The trial
was not moved on until September
when defendant appeared and was resdj
sot trial, alt was then postponed on aC *
count of the absence cf material witness 61
on the part ol the prosecution. A c° CI *
ndssiou was forwarded to London to t
the depositions of witnesses there ; and > B
the course oflast wiuter, the fcojun*el for tbj
defendant consented to the appointment
new commissioners. Since the indicting
was found, the three counsel employed M
Mr. Hum, Mr. H lines, Mr. Van Wyck#
and Mr. Emmet hawe died. His presec*
counsel axe Messrs. Price and £* Willi#**