Newspaper of The New York Herald, May 7, 1848, Page 1

Newspaper of The New York Herald dated May 7, 1848 Page 1
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' T H Whole \o. 5001. Tlx* Cn?e of Capt. Kallo vi. Secretary W ilktr. Tu tiie Hon. R. J. Walkkb. Secretary of tho Troaxuary : Sin : -An I hail the honor t< be informed by your lettrr of lnt September. 1840. it ha* pleaded the Prenldeut of the I'uiled State*. for reason* a*?i;jnod in that letter, and t'ouuded. as I feel bound to believe, on a iiiinappre lu'iiKiou of iny conduct, tocaunc my name tu bo stricken from the roll of the Uovenue Marino, without notification or trial, or evon the slightest opportunity afforded ino to explain or justify my conduct. Keeling deeply mortified by the charge of a failure to perform tuy duty to the government and country, and having the most entire confidence in my ability fully to vindtcutc myself, by the laws and regulation established for the government of the Revenue service. If an opportunity were offered me, I called upon the President. and stated the great injustice which had hoeu done uie. and received from hiui a promise that my case. on being properly presented through you. should be reconsidered, and the injustice complained of. if found to exist, repaired Under these cireuin?tauee? I beg leave to present to you. and through you to the President, the following statement of my case, which is fully sustained by the accompanying evidence--much of which has never been seen, either by yourself or the President?and thereupon respectfully to ask a reconsideration of the harsh and summary judgment pronounced against me. The history of the transactions which led to my dismission from the service in the manner stated, will be rendered most perspicuous by a pr?cise statement of the facts of the cose, in the chronological order in which they occured. accompanied by the evidence upou which the statement is fouuded. #' On the 27th of April. 1840, 1 was ordered to report myself to the Collector of the district of Mobile, for duty on hoard the revenue schooner Wolcott, and promptly obeyced order, and took command accordingly. (See accompanying doc. marked A.) The cruising ground of the Wolcott extended from the Chaudeleur Islands to the l'erdido river. (See doc. B.) On the 30th June. 1840. 1 received permission from the Collector of Mobile, under whose orders I was placed, as to my "special duties." (see Regulations of 1843. page 15) to repair to Pensacola. which was beyond the limits of my district, for the purpose of cleansing and purifying the Wolcott (by paint ing and otherwise, or wlucli she stood greatly In nerd.) and accordingly repaired to that place for tlie purpose Mated. (See doc. C.) Thin permission to proceed to Pensacola for the purpose stated, was sanctioned by a letter from tbe Hon. Secretary of the Treasury to the Collector of Mobile, under date of July 10th. 1846. (Seo doc. K.) 1 had also applied for new sails for the vessel, of which she likewise stood greatly in need ; but the supply of these was deferred by tho Department until the fall. (See doc K.) By a letter from the Collector of Mobile under date of the 21st July. 1840. to myself, it will be seen that on tho 10th July, 1840. 1 had stated to him "tile unsoundness of the planking of the Wolcott in sundry places above tho water line." 1 desire that what is there said about the unseaworthy condition of this vessel may be noted, as it will fully verity what 1 repeated to the Department in my letter of tbe 12th August. 1840. (Sec doc. V.) On the 27th July. 1840. the Secretary of the Navy addressed a letter to Captain Win. K. Latimer, commanding the Navy Yard at I'eusacola. containing an order to him " To cause tbe fastest bailing public vessel in port to bo prepared to sail at a moment's warning for Vera Crux. ta( carry despatches to Commodore Conner,'' informiaflifeLin that " the despatches would (will) bo forward?qV? day or two and stating that if there was (is) rtWlhcr public vessel at Pensacola, it was (is) ho]>ed that the Lawrence might (may) be got ready for so short a cruize.'' It will be noted that this is a positive order to the " fastest sailing public vestel," and alternatively to the Lawrence if uo othor public vessel was at Pensacola. (Sec doc. <1.) On the same day (27tli July, 1840) the Secretary of the Navy sent forward the despatches, accompanied by another order to " forward them to Commodore Conner at Vera Crux, as soon as possible." To this order was added the following words : "despatch is desired; send the tlrst public vessel that can be got roady." (See doe. H.) It appears from tho certificate of Commander Mercer, then at Pensacola in command of the Lawrence. that these orders, together with the despatches, were received by Captain Latimer on tho 5th of August, 1840. and that at that time both the Lawrenco. Commander Mercer, and the Uaritan. Captain Gregory, were lying in the harbor of Pensacola. That Captain Latimer immediately sent for both those ofHccrs. and submitted the orders from the Navy Department to them. That after these orders were read. Captain Gregory remarked to Commander Mercer. you can take the despatches;" to which the latter replied. " Yes, sir. ten to one as well, if not as expeditiously, as any other vessel; but the Secretary has ordered the despatches to be sent by the fastest sailing man-of-war whicli might l><> in port. and that vessel In certainty the Haritnn. and only expresses a hope tbat the Lawrence can bo made a available for tin; service. provided she ih the only vessel in port." After stating the unseaworthy condition of the Lawrence, and another order from the Secretary of the Navy, to go north if Commodore Conner had assigned no duty to the Lawrencc. Commander Mercer said to Captain Gregory. ' I am. however, ready to take the despatches, if you will give me the order."' At this stage of the proceedings or conference, Captain Latimer said, Gregory, were I in your placo, 1 would take the despatches down in the Hnritan, for if Mercer should happen to be dismasted in u squall, oil his passage, and the despatches delayed, you would probably be much censured."' After stating several reasons why it was unpleasant or inconvenient for Captain Gregory to carry the despatches in the Karitan. it occurred to Commander Mercer that the revenuo cuttcr Wolcott was in port, where he had hoard she was to remain until the 1st of Septcmlwr. He therefore thought that she might be sent with the despatches and could deliver them as soon, if not sooner, than cither the llaritau or Lawrence. And he suggested to Captain Gregory to apply to the Collector of Pcnsacola for her. to which he assented immediately. That Captain Gregory did make such application and informed Commander Mercer that he had ' got the order for the revenue cutter to take the despatches, (see Document I.) Both these officers of the liAvy thus relieved themselves from obedience to the positive and peremptory orders of the Secretary of the Navy, which it is manifest did not embrace the revenue cutter Wolcott. which had not been detached for naval service, and for which, if the order had contemplated her. an application would have been made. I suppose, to the Treasury Department, or to the President of the United States, according to section 08 of act 2d March. 1707. It will be noted that Commander Mercer insisted that the Raritan was embraced by the order of the Secretary of the Navy, because that order contemplated the fastest man-of-war which Illicit be in port, aud that vessel certainly was (is) the llaritan." Both he aud t'aptain Latimer thought the order required t'aptain Gregory to go and carry the despatches in the Karitan. It is not to be supposed, therefore, however inconvenient it may have been for her to go, that she was unable to render the service. Commander Mcrcer offered to go if t'aptain Gregory. <1.1. ......1.1 ?lwt Klin n>.lnf " 1...I the e,mio time insisted that the order from the Navy Departincut required the Ruritan to go? and this with n full knowledge of the inconvenience and unwillingness of Captain Gregory to do ho. Thin, it in true, wits before the Wolcott war thought of. As to the comparativc Sliced of tlie Wolcott (even if she had been embraced by tlie order from tile Navy Department.) and the Rarilau. it may ins seen by examining the logbook* of the two vcflfieU at their respective departments, tlmt the llnritan was greatly the fastest vessel?it in believed nearly or quite one-third faster. On the soid fitli day of August. 1840. the Wolcott was lying at I'ensmcoln. undergoing the process of paiutiug and cleansing. and In a dismantled condition, with a portion of her crew siek. when I received the lotter innrkcjl J. from the collector of I'ensaeola (written at the instance of ( aptain Gregory) enclosing one from Captain Gregory himself, marked K (see documents J ami K.) The collector of I'ensaeola. in his said letter, admitted that he had no authority (a? I well knew from tin1 printed rules and regulations of the service he had not) to give the order asked for by Captain (Iregory; ami. at I now fully believe, without any authority or nuecssity for so doing; but. believing that tlie exigency was great, and feeling a disposition todo ftny anil every thing consistent with my duty, to serve the goveruincut: and believing that the orders from Washington were such that Captain Gregory rould or would give uiu an order for the performance of the duty required of me. I immediately addressed him the letter marked L. offering to put the cutter in readiness us soon as possible, and " to sail for Vera Cruz at his bidding (or order.) (See document marked I..) I also immediately wrote a letter to the collector of Mobile, informing him of the unexpected application which had lienn made to mo. stating that the vessel was not In a At condition to go to sen In." my want of proper officers, and my own bad health; but. at the same time, expressing a hope that my determination togo. would meet his approbation. (See document Under the influence of a strong disposition to pcrtv JB the required service, and. after writing these letters without time for reflection or examination of iny orders, either standing or special, and feeling the pressure of my duties anil obligations. a< the commander of the only vessel in the revenue service, on the northern shores of the Gulf of Mexico, I examined both my written and printed order* and found that the letter from the collector of Mobile, of the 21st July. 1H4H. (marked K.) communicating the instructions of the Secretary of the Treasury, contained in hi* letter of the loth July. 1S40. (marked K.) required a ' prompt return to my station." after completing the cleansing of my vessel, and. that I should confine myself " to my (the vessel's) usual eruUing ground." In the said letter of the Secretary, of the loth of July. 1H40. to the collector of Mobile, In; (the collector) is instructed to urge upon mo (him) n i.rouiiit return tothe station " Tlie Secretary further h(If!?*, iii the letter, in answer tci nil application to cruise beyond my district. the following peremptory order: ' V on will, therefore. Inntrnct Captain Katlo to confine hi* cruising to the appropriate \limits of the Mobile Million ' Tho printed standing orders, entitled '"Rule* and Regulation* for the government of tha United States Revenue Marine. Issued November let. 1S4JI." niu! plueed In my hand* for my government and ilireetion, were found equally positive. At page 1<> It Im proviileil that " the cruising (tround of the revenlie vessels w ill he designated from time to time, hy the department (treasury) under whose superintendence they are plneeil; ami no vessel will, without leave of the Secretary of the Treasury, or the express direction of the eolleetor, depart from tho station unsigned to her, except forced hy stress of weather, or oflier necessity. or In the pursuit of vessels suspected of l>eing engagml in violating the revenue laws; mid which have either escaped from the limits of the vessel's station, or have been discovered hovering about lu the vicinity of her cruising ground In such eases, the vessel wiil return to her proper station as soon as practicable, after the pcrforiMucv of the *j?ccUl duty; a ad the J E NE cause of the departure will be duly noted on the journal. and reported Immediately to the collector." On the mime, and the following page. it in provided that All order* relating to the service of the reveuue vessels. iu executing the revenue lawn, emanating from the President or Secretary of the Treasury, will be communicated through the eollector. who will cause the dttiue to lie delivered: :iud communication* udiire**ed to the department by the officer*, on llic business of the eervice. will be truusinitted through the collector* The collector* will direct tho commander of the vessel a* to hi* special duties. All hi* direction* will lie in writing, and. a* well a* the instruction* from the Treasury Department are to be euterted on the vessel'* books." On pagelT. it 1* declared that "the commanding officers of revenue vessel* shall, iu no case, take passenger* ou board, except officer* of the custom* when ou duty, or other periiou* in the service of tho United State* ; and the latter only by special direction of the Secietary of the Treasury, or the ('olive tor of the port." On page 4th. it wan declared that it is the determination of the Department to enforce a strict compliance with the regulation* prescribed lor the government of the revenue service, anil to exact a rigorous attention to the duties a*signud to the offipur? " Tliu crefxrreil to in the above ruirula tions, in the collector of tlic district to which the roveil uo vessel in assigned. anil under whoie direction he (the commander) is placed, and through whom lie is to hold communication with the Treasury Department, aud that department with him. The foregoing upeciai and general order*, being those which I fouud. on examination to have been prescribed by the department to which i wait subject. for my government, and the orders of said Secretary of 10tli of July. 1840, comuiunicatcd tome by the collector of Mobile, a.* lute an the Vilst of the name month, requiring me. pereintorily. to return to my district nit noon ax I had completed cleansing the vessel, and to conline myself to thnt district, I found it would bo impossible for me. without the moot opeu aud palpable breach of orders, to perform the service requested, without positive orders from Captain Gregory requiring me to do so ; with these, uinlcr the exigency of the case, I determined to assume the responsibility of performing the service.? Accordingly, oil the same Oth day of August. 184(1. about b o'clock in the afternoon, I went to the city of Fensacola aud saw Captain Gregory, to whom I staled 1 should require orders from him before I could perform the duty he wished me to execute. To this Cuptaiu Gregory replied, ' hurry and get ready, and come down alougside the frigate, and all shall be made right," or words to that effect. I showed him the letter which 1 had received from the collector of fensacola. which he admitted at the time was no order. Not doubting that Captain Gregory would give me the required order. I made every effort to put my vessel in a state of rcadiuess to sail as soon as possible; aud on Sunday evening, the Oth of August, dropped down to the Navy Yard, near the frigate Uaritan. and immediately reported to Captain Gregory, aud asked him for orders, telling him i could not act without ; he then told me he could not give mo uuy orders, but said that if I did not go to Vera Crus with the despatches I would be broken. 1 replied. " if 1 am to be hung upou the horn of a dilemma, 1 will hang on the right one. and not break the only orders I have.'' Captain Gregory then wrote an order to Captaiu Webs tor. comma nding tlio Hotillu. at the Balize. informing him that despatches from the Hon. Secretary of the Nary, having been received with order* to transmit them with the utmost despatch to Coniinodoro Conner, off Vera Cruz, "by any public vessel available for the purpose." and there being none at thin port, excepting the revenue cutter Walcot (!) " Captain Katio was requested to perform this service, und is now about starting. As his vessel is rather nil indifferent one for great despatch, at this season of the year, 1 have requested him to proceed at once to the Balize. and communicate with you?and have to request that you will be pleased to forward Midshipman liabersham bearer of despatches, in one of your steamers. with all possible expedition?such being the wish of the government.'' (See doc't N.) Kroin this letter, written after 1 had positively refused to go to Vera Crux without orders from Captain Gregory?and which he lutd refused to give?it is apparent that he had abandoned all idea of niy going further thau the Balize ; and y?it iu his letter or report to the Secretary of the Navy, uftderdate of the lUth August. 1840. upon the represMfetions of which my name Was stricken from the lVHj^ktho service, he suppresses the important fact, nBHh|^|uJ^|erio him of tho 6th of August was writtnBH^U|R consented to perform the sorviee requireS^^B l^ltly. on the same day. after examining my Treasury Department, informed him I he would give me an order; he also snpJ^||^^^^Bjp||Mk, the equally important fucts of tliedlW^B^Hffrefusal of orders on tho ovenlng of the 9th of A^fft. and at the same time so slates the case, by accident or design, as to create a belief that I sailed from I'ensucola. either positively or conditionally, for Vera Cruz, instead of the Balixe; whilit he knew the fact was not so. (See doc. O.) On tho contrary, the only service 1 consented to perform. after ascertaining that no orders were to be given to mo. was to carry Midshipman Habersham as far as the Balize. which was on the contines of my district. to which 1 was expressly ordered to co nil tie myself. by the Secretary of the Treasury. Karly on the morning of the lUtli of August. 1846. I sailed from Pensacola. with Midshipman Habersham on board, for the Balize. The wind being light and ahead, and so continuing, as shown by the extract from the log book of the Wolcott. marked P., I found myself, on the morning of the 11th August, opposite to the entrance of Mobile bay. which was in my course to the Balize. Being unable to make my course, and with every indication of a storm from the south-west, which would be likely to cause delay, and which, from the state of my vessel, officers and crew. I was iu a bad condition to encouutor; and believing firmly, that under the circumstances. Mr. Habersham's progress would be accclcratcd thereby. I concluded to place him on board the mull steamer from Mobile to New Orleans?which passed daily near where I then was; and which would enable hiiu to reach that place in u few hours, and the iialixe, by the almost hourly opportunities from New Orleans to the latter place, in a few hours more, and much sooner tl|AA,tber ?jras then any reasonable pros- I pect of liis i\qLmpby continuing 011 board the Woleott lu pursuing flFcoursc. I acted from a llriu conviction that whilst 1 avoided a breach of the positive orders of the depurtiuent. and of the regulations, not to leave my district, the progress of the despatches would be accelerated. That this was. under the condition of wiuds and weather, disclosed by the log l>ook of the Woleott. the most certain and expeditious mode of reaching the Balizc at an early period, cannot be doubted by any one acquainted with the localities, and the facilities of rapid progress afforded by the mail steamer to New Orleans, and the hourly steamers that ply from theuce to the Balizc for the towage of merchant vessels. It Is proved by the fact that Mr. Habersham was put on board said mall steamer after '1 o'clock. P. M.. and was in New Orleans at 8 o'clock the following morning; and on the sauie day wrote Captain Gregory that he should, "in the course of a few hours, have a conveyance to the Balizc. Bnd from thence to Vera Cru?." (See doc. P.) This ex|>ertation of Mr. Habersham would undoubtedly have been realized. but for the fact, subsequently discovered by him. that Captain Webster, of the revenue service, commanding the revenue Flotilla, to whom Captain Gregory's orders were directed, was then at the Brazos: and the l.egarc. the last vessel of said flotilla, had Ml the Ilalizc for the Brazos on the same day on which the Woleott sailed from Pensacola. (See doc. H ) Mr. Habersham was therefore compelled to remain in New Orleans until he could obtain a passage to the Brazos, where the Legare and other public vessels consisting tlio flotilla were. The delay of Mr. Habersham at New Orleans. was created by this fact, and not by my failure to proceed with him to the Ualize. Had I done so. according to tilts expectations of Captain Gregory. Captain Webster would not have been there to execute his orders, and Mr. Habersham innst have proceeded to New Orleans to obtain a passage to the Brazos, since my understanding with Captain Gregory required me to proceed no further than the Balizc: and my positive orders froui the Treasury Department forbade it. as well as the printed regulations, placed in my hands for liiy government. with which I was informed. "It was (,1s) the determination of the Department to enforce u strict compliance.To show that by going to Vera Cruz without other orders thau those which were furnished to me. I should have violated the oruanic law of Con greii, as well at the Instruction* of the Department. a nil in j oath of office. I iieg leave to refer to Ihe W8th ami UUIh lection* of the act of the "d March. 17UV. 3d vol. " Laws I'tiited Staled," pages 'I'M ami 7 These sections will show that the order* from t lie Navy Department did not apply to. or embrace. the revenue cutter Wolcott. since she had not been directed by the President to " co-operate with the navy;'' ami lliut an order from tlie President. the Secretary of the Treasury, or the Collector of Mobile. ' subject to whose direction" the Walcott va*. he kaving been designated for that purpose." wan necessary in any view of the case, before I was authorized to execute Raid order; and that, according to the provisions of this act. as well as the regulations prescribed for the government of the revenue marine, the Collector of Ponsacola was correct In declaring that he had " no authority to Issue the order" requested by Captain ttrcgory; that even the Secretary of the Navy, without a previous direction bv the President for the Wolcott ' to co-operate with tile navy." hail no authority to issue such an order; and it is believed that such previous direction by the President was necessary to authorize even the Secretary of the Treasury himself, to issue such an order. (See sections OS and Ml). It seems to he aasumed. In the letter of the lion. Secretary of tho Treasury of the 1st September, lK4<i. communicating my summary dismissal from the service, that I had sailed for Vera Cruz, and that, after having doue so. I had deviated, and finally abandoned the voyage. This supposition iseutirely erroueous. and is founded, it is presumed, upon the deceptive version of my conduct contained 'in the letter of Captain Gregory, of the lftth August. 1S-MI. I trust the statement now presented, whieli I stand ready to sustain in every material point, and the evidence upon which it Is founded, will show that my conduct has been misrepresented, ami that great injustice lias been done me; that., for obedience to orders. I have suffered the penalty due alone to disobedience; that while obeying the laws and positive instructions of the Department under whose direction alone I was placed by law. I have I teen punished without trial or opportunity of defence, for not having obeyed orders addressed exclusively to other* (who should hare been held amenable If thtr had hwn broken); and for not obeying order* which it wa* conceded there wa* no authority ?<> Rlre. or which were positively refused wJion demanded l?y me, an order wa* Uxued from the Navy Department, not to nic. hut to other person* auljcct to it* order*, to carry importnnt dl*pat?he* to Vera < rm; an order, e<|ualty jh>?Itire wa* issued to me hy the Treasury Department, under whoio ticlualve control I w?* jduccd, uot to leave f TV Y O NEW YORK, SUNDAY J\ illj- dUtrict. Neither of theie order* wa* altered or countermanded, and yet I lure been punished for not leaving uiy district, and carrying the despatched The Treasury oflleer ha* been punished for not obeying the Navy order to which he wait not Nubjuut. and for olwy' ing the Treasury order to which he wan by law exclunivo ly subject; nnil the Navy officer wlio wan subject to tlie Navy order, which lie saw tit not t > obey, remains five from censure. The order to send, by the fastest vessel. HUlfject to the i rders of the Navy Department, becomes an order to the slowest and dullest vessel, not subject to the orders of that Department. One ordered not to go. has been punished for not going; and one ordered to |(0, has not been punished for not going! The Secretary of the Treasury, through the Collector of Mobile, under whose direction the Wolcott was placed (according to the act of 17U?). and through wlioui all her orders are to be transmitted, orders that vessel not to leave her assigued cruizing ground; but the Collector of I'eusacola. who lias uo control over this vessel, and who declares he has uo authority to give her an order to perform a given duty, requests her commander to perform that duty, and will undertake to excise hiui for the breach of the Secretary's order. The commander decline* to break the legitimate order of his superior, to obey the illegitimate request of one wlio acknowledges he ha* no authority over hiui. and is punished without charge, trial. hearing or defence, to the utmoat extent that lie could have been for the most flagrant breach of orders. Obedience to orders is the most sacred and vital canon of uaval and military law j It lie* at the foundation of all order, all discipline, all efficiency, in either arm of the publi^urvice. In conclusion. I beg leave to say, that I case to the lion. Secretary of the Treasury. af^^^Hugh him to the President of the U uited Slates. fifl^^^bidcration, with the most entire confidence. thairNIHIVuing the true facts of my case, the injustice done to me under a misapprehension, or misrepresentation of my qMduct, will be promptly repaired. Should the President entertain a single my case, he will add to the obligation I am alrf^^^^^ der to him, for the promptness with which he I a reconsideration thcroof, by subjecting my ciflHHBj throughout the whole transaction which led to ni^M missal from the service, to the scrutiny and decision of a proper court. Very respectfully, sir. i remain your obed't servant. L. C. V. KATIO, late Captain llcvonuc Marine. Washington, Nov. 30. 1H40. Emigrants Dkpraudkd.?The season for cunul and lake navigation having returned, our earn are pained and our heart sickens at the renewal of frauds of which emigrants are the victims. We had hoped, after the passage of a stringent law for the protection of emigrants, that we should be relieved from the duty of exposing fraud. But emigrants themselves couie to us without knowledge either of the dangers mat oust*, or me mode ot escaping it. l no j atrocious fraud practised upon the family whose affidavits follow, is. unless something be done to guard against it, to be repeated every hour in the day during the season of navigation :? Stale of New York, Sllbany. j? Cornelius Kanavanc being duly sworn, says :?That he arrived at the city of New York on Monday last in the ship Rappahannock, from Liverpool, which port ho left 22d March last, with his wife and nine children, from ti months to 18 years of age. and his cousin, a female of 20 years of age. Shortly after his arrival, deponent went to the office of R. Sehoycr, to which ho was directed, ooruorof West street. N.Y.. whore lie found Mr. Schoyer Deponent asked him what would be the price for himself and family to Albany ? Schoyer asked him how far he was going, and deponent told liiui to St. Charles. Illinois. Schoyer then said it would bo best for deponent to pay his passage there in New York to Chicago, and then ho would not be detained by paying his fare and procuring conveyance at the different places on the way. Deponeut asked him how much he would charge to send them to Chicago, and Schoyer said 101. Deponent said that was too much] M he had but little money, and a largo family, which Is true for hint, and Schoyer Anally promised to send them with their luggage on the steamboat to Albany, and from thence by packet boat on the canal to Buffalo, and then by steamboat to Chicago, for 12/, 10s. which deponent then paid to Schoyer After h#' had paid the money. Schoyer said to depouent. he had better go from Buffalo on the lake in a sailing vessel, if ho hail any value for money, and then gave deponent a ticket, of which tho following is a copy :? passage ticket. No. 22.] New Yohk, May 1, 1847. Received of Cornelius Kennevan the fare for the steerage postage of twelve persons, making eight full passengers, from Buffalo to Chicago, by sailing vessel. 50 lbs. luggage to each full passeugor. R. SCHOYKR, W. F. II. To A. J. Tiffwet, Buffalo. Said Schoyer also told deponent that 100 lbs. of .luggage would be allowed for each passenger, and gave deponent a ticket for the passage on steamboat, of himself .and family, from New York to Albany; that deponent and family left New York Tuesday evening, and arrived in Albany yesterday morning. When we arrived. we met at the boat, (Jeorgc C. I'reston. who took us and our luggage to his office; there our luggage was weighed, and i'reston said I must pay liiui for the overweight. I asked him how much, and he said flvo dol i?rs?uie iu^Hgc wi'igucu imiuih wiu ur iinj inn. i hiui a sovereign, and lie gave nothing back out ol' it. lie gave luc the following ticket :? Ai.?a*y. May 3. IMS. The bearer. C. Kennevan, hat paid in full for the midship parage of 12 per*oun, niakiug H full nasseugers to Buffalo, including extra baggage Boat N. II. Blossom. QKO. C. PRESTON, Agent. That deponent then went on boaril said boat ' BlossomM with his family aud baggage; there were but few person* oil l>oard-then; that suid boat left her place where she was lying yesterday afternoon and went up a* far us the weigh-lock. where she now if. Passengers and baggage kept coming ou board all day yesterday, and when the boat left, she was so crowded that there was no placo for sleeping or even sitting down. Deponent and his family had 110 place to sleep in last night, and no room to spread out the beds which they had for his wife and the little children to sleep on; and that never a tear did the women shed from the time they left Ireland on board the ship, until last night in this canal boat: aud the deponent further says, that said boat Is now lying at the weigh lock, where she has laid all night, and has not yet been weighed, and bus no horses to draw it on: and that the captain is not there, and has not been there all day. and deponent does not know and has not been able to lind out when the boat will leave Albany at all CORNKLIUS KANAVANE. Sworn before me. 4th May. 184S. W.m. Pahmklm'. Albany County Judge. .Ilbany . si: Daniel Kanaravr, bciug sworn, says lie is son aud oldest child of the above named Cornelius Kauavanc. and has heard the foregoing affidavit read: that he was present with his father upon the occasions therein mentioned; and that the matters therein stated are true. DANIEL KANAVANE. Sworn before me. 4th May. 1S4*. Wm. Parmklkk. Albany County Judge. This man Schoyer puid $0 for the passage of these people, with their luggage, to Albany. Kroni Albany to buffalo ho p?ys *4 and .171 a cents per hundred for luggage over fifty pounds, for each passcuger. The passage from Buffalo to Chicago, in sailing vessels, is $? for each passenger, making $10 for all. The whole expense, therefore, to Schoyer. for sending this family to Chicago, is inside of $30. II* has received from them 131. 10*.. or $04 U4. But even this is not the worst view of the ease. This family have hut two sovereigns left. They are cooped up with ail hundred other victims, in a canal boat, without any provision for being towed. At Buffalo they must wait, ou expense, for a sailing vessel, aud then they have a voyage of from ten to sixteen days before thoin. And yie l'act that an additional sovereign was dcniauded here, justifies the apprehension that similar demands may be made by the captains of the canal boats and sailing vessels. We understand that this msti Schoyer has applied to the mayor of New York for a license to board vessels with a steamer, as a bookiug agent fur passengers *ilbany Erg. Journal. I'M 11 inu fit 1 * Nu 9, 1819 The Whig KalinnalConvention ? Tkitrrt and Burglari? The Military?Moiltl .lrtiiil. 4'<" 1-1... ..r il... l..,? I....... U,...|||-...1 l.v .... - J (in- roiiiinUtco of arrangement*. for the whin convention next mouth Ak the time approached for the holding of the two political conventions. itt Uiilliinori' and in thin city, curiosity become* more intense to know what will he the result. though appearance* indicate Hint the same candidates tlint took |>art iu the last *trugglc will again l>e the nominee#. Three rArraliert H' inrimtrir of the light fingered fraternity. jtrohahiy on a professional visit from your city, are now here and going aliout seeking some prey The vicinity of our hank# are favorite places of resort, and no sooner do they perecive a green-horn putting away the notes lie has just received into his pocket Iniok. than they are after him with the utmost eagerness, and if lnescape* plundering it. is not their fault As they have been spotted by the police, they will probably leave this for parts unknown in a very short time Our volunteers arc making preparations for an appropriate military display on the arrival of their favorite. (foncral Cad wain tier. Ills gallant conduct, both at home and abroad fully entitle him to the distinction of a grand reception. A troupe of Model Artist*, while exhibiting la*t evening. In a ten pin alley, in Delwyn street, were caught In the act by the police of the Northern Liberties, and found a lodging nlnce in tile watch hoiisiv Venus was nalsp-d while rifling from the aeo. ami her seizure liy ouo of the officers was tho signal fur the dispersal of the audlcnoe. The troupe, composed of eight f?-and one or two men. hml a hearing tiefore MaTor llclstcrlinjr. tlii" morning, and were mostly committed in de. fault of hail The body of an unknown female wan found drowned yesterday opposite Petty* Island. in the Delaware. She was not identified. Patrick McKarlan, died this morning of injuries rereceived a week since during a tight in Kichtnond. Tho. mas Kddy. his antagonist, who had previously been committed for ajnerc assault and battery, will now have to anawer a charge of homicide. A*oTiirn Mianra ? Between tin- hour* of ?. and 10 o'clock last night. one James Murphy, who resided in Burgees alley, had some difficulty wltli his wife < ulhcrlne. anil struck her a violent Mow. knocking her down a flight of stairs, and breaking her neck The man was Immediately arrested br watchman t loutman and others, and conveyed to jail. The woman breathed but ? few momenta after the ?ffraj.-JVfston Mv,

? I H 17 I 10RNING, MAY 7, 1848 A (Taint In VvntintU. To thi: Fkitoh ok tiii New Vokk Herald : Ca**c*?, April 1, 184S. Si*?I lute seen in your valuable journal of the 'J8th February ult.. an account of the kvcuIh which took place In Venezuela. from the liuu* of the election of (JentTil Moiickm to he President of tile Republic down to the end of January of the present year. Tlie accuracy of the relation contained in your journal plncex it beyond douht iliut it was written by route one who was a member of t'ougreiiii. and an eye-witnca* of the horrible man sac re committed on the execrable 24th of Jauuarv. hv rnmmniiil <i?* Pr^ul-Unt ?? ' . "J tlu- troops which he had. contrary to law. assembled in the capital. to the number of 3.U00 m?n. Perfectly agreeing us 1 do with the account referred to, as altogether correct. I should uot have been induced to trouble you ou the subject. were it uot for some letter* published in your paper a few days alter, dated the '28th and '.'Slii January, said to have been received from this eity by a gentleman a resident of New Vorlt, which letters render it necessary to make a few observations. These letter* do not relate the events in the manner in which they took place, but in the manner in which the Ckai-gt d'jljfaim of the British goveru rnent is uuxious to describe them; aud thin circumstance shows who was the writer of them. He in an Kuglishuiuu. a man who has lu his breast a heart of steel, un intimate friend of the aforesaid Charge A'JlJjairtt. and his accomplice in all. whutever it may be. which he undertakes. I will i[Uotc. from the letter* you published, a specimen of the falsehood of which the writer I* guilty: " Ou the 24th. in the morning, the Secretary of State, Doctor Sauiivria. proceeded to the Chamber of Representatives, in order to lay before them the President's Message?whereupon two persons of the faction opposed to the government threatened his life?one of them wllli a dagger, the other with a pistol. When this was known outside in the streot, the peoplo and a part of the militia advanced to tlic doors of the hall, when one of those inside the building tired, and killed a person lntho crowd. The people were so much IrriI tatcd by this act. that they immediately commenced an attack upon the Chamber of Representatives.'' All this is false. What really happened was as follow*. By the constitution the Secretaries of State are ullowcd to be proseut in the chamber, and to give any eiiiliinntiona which nmv be ilenmmliwl nfllinm A >?>. position was made iiuil agreed to. that the Secretary of State should remain in the Chamber, to make the necoMary explanations upon the threatening aspect of affairs in the capital. The message was then read. It Is hardly necessary to inform you. Mr. Kditor. that the alarm which existed was produced by the President and his cut-throats, in ordor to intimidate the Congress in its deliberations. When the message had been reaed, which was at p. in., a discharge of musketry was heard outside the Chamber, followed immediately by several other discharges of lirearms in succession. The troops of the government had just then fired upon Colonel Smith and the twelve young men.who had inouuted guard to protect the Congress, without any provocation whatever having beell glveu by them. Then it was and not before that k deputy drew a dagger, and rushing up to the Secretary of State addressed him as follows: Doctor Sanarria ' you knew of this! Save us. or we shall all dio together.-' The deputies in favor of the government had previously left the Howe, leaving behind not a single partisan of the government except the Secretary. No wonder then that a deputy should thus resort to the only means of safety. Thin was so effectual that I can assure you. Sir. that if the Secretary had not accidentally been in the Chamber, all the members in it would have been, every one of tliriu. massacred; hut the assassins would have run the risk of wounding the Secretary if they had fired ! This is so sure and certain that all the meinbere who left the place where the Secretary was were massacred. The writer of those letters goes on to say that ' tho President, the Commanders and civil authorities ran to the scene of danger and saeed hundreds of persons.'' The truth is as follows : Shortly after the attack began, the Senate commissioned one of the deputies in favor of the government to request the President to save their lives, which he did. not only because they had not resolved upon rumoving the Congress to Porto Cabello. but also, in order that lie might have an instrument which might confer the appearance of legality upon his acts. At \ past 3 P. M. he conducted the Senate in safety to the government house. The Senate then expressed to the President its wish that efforts should immediately Inmade to save the other branch of the Legislature. The scene which followed upou this request will ueTcr be forgotten by those who were present at it. The President replied that be had had no participation in the attack upon the Chambers, though no doubt it would be attributed to him. After a few minutes the Senate again reminded him of the danger in which the other branch was. and that some one was ceasing to exist every moment that passed. lie then protvsted in few and plain words that he could not in person intervene, and that it would be dangerous ou account of the exasperation of the people, but he promised to send the Secretary of War and some military officers to the scene of danger Thus half an hour bad elapsed since the arrival of the Senate when he went out for this purpose. The fact is the President souirht dclav on nurnose. till he could ascer thih that the Representative*. ttareia. Koju*. Gonzales, P. Koja*. and tho Secretary of tho Chamber, Cam# .10, had been killed, whoso heads ho had loudly called for in the passagoa of the government home, when several of the assassin* lea in the morning in order to go and attnrk tho t haiuber. While thin scene wit* going ou. and several of the Senators were entreating the President to go to tho rescue of tho other*, tho Governor of tho Province. an also Messrs. Belford. Iliuton and Wilson, tho Charge d'affair* of Great Britain, with other persons, eaino Into the apartment. The latter person joined his entreaties to those of tho Senate, and said to the President, Yea, General, It is necessary.'' Then at last General Monagas consented and went out at '4 past 4 P. M.. accompanied by the Governor, the Secretary at War. and live or six other persons. This may suffice. Sir. to convince you that the leU tor* which are an echo from the Rritish embassy here, are a tissue of falsehoods invented for the object of throwiug doubts upon the events of the 24th January. I direct these remarks to you. Sir. iu order to cause historical truth to prevail, since the massacres of the -4th January, premeditated long before they were executed, arc so unexampled in the annals of crimo, that many ou that accouut will refuse to give credit to them. Now that I am addressing you. Sir. permit me to explain tho cause of the spite of the British Charge against Venezuela, lie has two leading motives. Tho first is. the persuasion that if there was a regular government. it would not HUlferhhn to reside in Venezuela; the other is, the dispute 011 the question of boundary between British Guayana and Venezuela In 1841. that government seized upon 20.000 square miles of Venezuelan Guayana; and again, afterward, it soiled upon all of that vast province containing more than 1 MO.000 square miles, watered by the majestic Oronoco, and innumerable tributaries. The means adopted to get possession of this vast territory of Guayaua. are anarchy and divisions sown among the different races of Venezuela, and a dissolution of the republic. This vast territory might, in time. Iiecome the scat of a rich, powerful, anil prosperous republic. You will be convinced. Sir. of the truth of this assertion. when you know that Vcuezucla is in debt to tho following amount:? Domestic debt $1.7110.605 Koreigu do 1!0.002.21:2 $22.7.">2.007 The foreign debt is owing to British suljects. The domestic debt of Venezuela has been increased this year by $1,500,000. which money has been employed to maintain the army which served as assassins of the Congress, and to support the tyranny of Monagas. Thus the whole of the debt amounts to $24.2.~>2.l*>7. How can Venezuela, in constant, struggle w ith anarchy, which absorbs all her resources, pay. with her income of $2,000.00*). the capital and interest of so great a debt' IfO "tie will Mf MM (U The Kogli^b gUTMBMll knows this, and therefore foments all the bad elements contained iu the country, in order that when Venezuela is reduced to misery and poverty, she may seize upon Guayana In payment of the debt due to her sub] jeets. I aui. Mr Editor. yours, t?o. A MEM BKit OK < ONGKKSS. Amo Kvr-WiT*?:?? or T111: Fait*. Notlirr (Jmw on the Ncilran War. (From the National Intelligencer ] U'lio took the city? AI Mi' liut too often, ' I!" said brave Scott, O'er many a eofltn " With soldier* anil shot, They >lo the weepin*." I t<H?k the city ! W ho senJ* despatches t Where's Santa Anna ? "I said bold ' tlidoon,' "Kiinning and boasting. " Hy my carrier pigeon. After his roasting. I write my own story, Since his last rout. And fill it with St lory; He wants to net out? I send despatches." There'* Santa Anna!" will, i. the martvr? Who let him in f "I!" Wii 1 rnntnl Worth ; " I " wiid Jame* K. Polk; I'm |*reMea u> the <*arth; " Mogt fairly lie upoke. That Meutt i* too j?rtinl; Hut In* Iiaiyjuu lie broke? I'll have ? court martial; I let him in I ain the martyr!'* Who diK s the flihtinzf Who made tlie treaty ? " We !" mid the b'hoyt;" " I " said Nlehola* Trint j * Uunt an* our toy*, " " I brought out the print. Ami battles ??nr Joy#? And would'n't invoke We do the fighting ! For lluehanan "r Polk? Who gets tlx uli.rj ? 1 """lo tl,e tri'#ty !" "Old Hough and Ready!" Who jpay* the money f Qniek, daring, and iteudy! "Weany the Nation : lie g?t* the glory." " Star* and salvation ! Who darn the weening t a Wr n ',Mrd hk' ! "The wtilow and orphan! W' l"> ",l' mum*'1 April, 1M* Vioi.Evr Hailstorm.?Yesterday uft'-rnnon our city wax visited liy a nlomi of unusual violence, (luring which hail fell in >|uantity sufficient to whiten our streets. hiiiI of all siies from that of a pistol Imll to a hen's egg Some of the particle* of ice which fell in the vicinity of tlie office, measured seven anil a-half inches in circumference, ami welched upward* of two ouncc*. Fortunately there wan not much wind, aud comparatively but little damage was done in the breaking of ittndow*. hut nearly all of the new gas lamp* were more or leu* injured, and the peach tree* nearly divested of the young fruit. We have great reason to apprehend that much Injury has resulted to the cotton and corn lu our vicinity During the storm the head of the foretopgallant mast of the hark Nhakspenre, lying at Vortli Commercial wharf, was struck liy light ning. Whirli Knock fit on llic truck. ?umru>K hip um-i down to the chain ntnya of the foretopKallant yard, where it. paired off. without dointf further injury,? Chin lesion Mercury. May U. RxllrMil Aflkln. It U paid that the Ch??hire Railroad will be opened t>a Tuesday next, to Ke#?c, J>f. |J, r IERA Law liitt-lllgem-r. Unit?:d SrtriH lliiTiirt < m it In ' Before Judge Hetts -Jamm K. (Joatirich rt al. v$. John ( Norrii?Written opinion -Action on a bill of la- I ding for not delivering live barrels of tripe, at Boston. j conformably to the undertaking in tin- Mil of lading < Defcnco. that the Ave barrels were never.In fact, laden < on Innrd Mnikut'ii veuel. MeUl that defendant was ' not excluded by the bill* of lading from proving the I barrel/* Were not received by the vessel; but held ou all ' the proofs, that the weight of the evidence was in favor of the llbellaut*. alid decreed that tlwy recover *50, I with interest from December 3, 184(1. and costs to be taxed. I'alentint I.ana it The hrig Unify Hack - - Written opinion.?ThU litigation was very protracted and expensive. on various inutious and exceptions, subsequent to the decree on the merits. The only substantial ei|Ulty to be adjusted is that of costs Held, that both parties tax summary costs, ami that after mutual setsoil' between the parties, the balance of costs, and the tender paid into court, (if uny surplus.) be recovered UJ l"? MMVIIUIll. John Htnlry and ll'illiam Murray r*. The Steamboat Champion.?Written opinion. Lifiel for collision of the steamboat in this harbor with the libelant's sloop (Mary.) Held, that Hteamltoat.s arc uot chargeable with the whole responsibility of avoiding sailing vessels. when approaching each othor In opposite direction*. Sailing vessels are bound to use all reasonable precaution for their own safety, and to avoid injury to steamboat*. Held, that if under the circumstance# of this case. the sloop In excusable for not exhibiting a light to enable the steamboat to know ln-r exact position. the preponderance of proof In. that the collision was brought about through inattention and misconduct of those managing the sloop, and uot from any fault on the part of the steamboat Ordered the libel dismissed with costs. John ?'l. Hradstreel r?. Ileran I.ees Co.?Written opinion ?Action for freight of 70ft bales of cotton from New Orleans to New York, consigned to the defuudants, to whom the bill of lading was enclosed, ou which they made an advance of twenty-one thousand dollars before the arrival of the cotton.? The bill of lading represented the cotton to have been shipped in good order and well conditioned. The plaintiff in his libel also so averred it. The bales, when examined at the stores, when deposited here, were found injured in the interior by wet. and the defendants expended $201 4?) in the examination and picking and (Irving of the cotton. This thev claimed to deduct from the freight, ($1750 02.) having paid tint lmlanee to the libelluut. The three principal grounds of defence were:?1. That tho cuse was not within tho jurisdiction of tho oourt. 2. That the cotton wax not delivered at the city, but at the quarantine, where the ship wan compelled to come to. and that accordingly freight had not been earned; and 3. That the bill of lading had not been fulfilled by delivering the cotton in good order. The llhellnnt gave evidence tending to prove that the injury wan country damage, received by the cotton before it was shipped at New Orleans. Held, that the court had jurisdiction of the matter, and that the delivery of the cargo at quarantine was a fulfilment of the shipping contract: also held, that the libellant wan estopped by the bill of lading, us against the endorsers or assignees, (who had made advances on it.) from denying that the cotton was shipped in good order and condition; and that, moreover, he could not give evidence in contradiction of the averments of his libel. Held, that lihcllant was answerable for the damages proved, which being equal to the balance claimed, docree for the respondents, with costs. Onuidatu ftfiiuran and others, vt. The Schooner If. H. Fotier.?(Opinion in writing.) ? Libel for salvage by owners and crew of the steamboat Samson. The schooner anchored in the lower bay on the evening of March 26. 1847. near the west bank. A gale came on in the night, and the schooner dragged her anchors. Tho masts were cut away at 8 the next morning, but she continued to drag till about one IV M.. when she brought up near the east bunk, occasionally touching the ground, but not being injured in her bottom. At 3 P. M. the storm subsided. and the master and crew left the vessel for Sandy llook in a small boat. The steamboat had notice of the situation of the schooner in the afternoon of the 27tli, with advice that she required assistance; but tho master thought the weather too severe to attempt going to her. She went down the next morning, slipped the cables of the schooner, (they being foul, and the anchors not easily raised.) and towed her to the city, and was absent ou the service five hours. The weather was then favorable, and the steamboat encountered no special hazard. Thu oniiiKun in miwuj viu|uujrru , ?,.i v.. 0i'n. and from sea into tin* hitrhnr. and going to the relief of throw in the harbor anil itn vicinity requiring assistance. and the regular compensation for these services Ik $10 per hour for the time she in employed.? The schooner and cargo wore worth about $14.01)0. The libcilant* claimed that tile schooner wan a derelict, and that they were entitled to the salvage coinpensutlon usually awarded in cases of that clans. The claimant* insisted that tlio libellants ought notjto receive more than the iihu.i1 towage compensation, and should be charged with the expense ($7/>) of removing the schooner's anchors unnecessarily left by her. They aim) charged the crew of the Samson witli embezzling oranges. pTlrt of the schooner's cargo. Held tliat thin wan not a cane of towage, strictly no called, but wan one of salvage service ; held that the schooner was not a derelict, and though the serviced were valuable uud meritorious in a high degree. in respect to the vessel, vet they were not indispensible to her. other relief being near at the time, and she lying at safe anchor in the bay. and the shore only from about four to sis iniles from her. In three directions, aud that accordingly the salvage compensation should lie moderate; held that the chargo of embezzlement was not proved. Decree for $250 ami costs .hum s Af Ifayl and Jrssr /foi/l vs. thr Hark Joshua Hurkrr. Vandrwalrr and nthrrs.?(Opinion in writing.)?The lila-l demands (he value of a cargo of flour taken on board the bark at Albany, to be transported to New York. The case came up on exceptions to the commissioner's report The bark sunk at the wharf at Albany, the 8th of Octolier ; the next day she was raised, the flour taken out and sold at auction by the claimants, without authority from the lihcllants. or their knowledge. They reside in New York, and communication could have been had with them by telegraph in a few minutes, anil by steamboat in twenty-four hours. The bark was immediately pumped out. aud laden with a cargo of lumber, and despatched to New York, where she arrived tile 15th. and brought tin* first intelligence of the sale of the flour The claimants offered to pay over the proceeds of the flour, on being allowed $;15<> expenses, and the balance of au outstanding account of $1170 10. The commissioner reported the market value of the flour iu New Vork on the 0th and 15tli of October, being on the 'Jtli. $4<ito 50. and on the 16th, ?4*41 Held by tin' ooort, that tin' Mb of the flour by the claimants was without necessity, and wrongful in respect to tile libeilants ; that they were \ entitled to demand its value, at their election, when it was converted by the claimants to money, or at the time it could have lieen reasonably delivered to them in New York, notwithstanding the accident and delay In its transportation, which, upon the evidence, was the 15th ; that the valuation of the flour made by the commissioner was sustained by the proofs iu the ease; and it was decreed that the liltellants receive $4S41. less the antecedent charges thereon, (350.) ami tho value of the freight to New Vork. ($70.) being $4?>'J1. with interest from October 16. and costs to be taxed. Goldsmith. Wills and nthrrs. rs. thr Steamboat Muy Slatr.?(Opinion iu writing.)?Action for collision iii the mouth of Narragansett buy. by which the schooner Orinua and lior cargo, were sunk and totally lost, at about fia m.. the l.ltli day of August last. The wrather was ni-arly a dead calm, and the fog so thick upon the water. tliBt the vessels could not be seen one or two hundred feet apart. The schooner was under way, but lying nearly still, and the steamer was running at the rate of sixteen miles the hour The noise of her approach could be heard in that weather several miles. linn Wrt* ncaro l"r iiiict-u miHuti-.-, |U<- r< II... er. her large bell was also ringing as notice of her movement. from time to time. and it hail been rung i that morning a very frw minutes before the collision The schooner. whilst at anchor during the night. hml. on account of tint fog. given notice of her position by boating an empty hogshead on her deck It w?< foun.l that such warning would In- heard far enough l>y a steamer in motion, to enable her to avoid the schooner Held, that tile steamer was in fault in running with that high speed In such weather, and would Im> answru hip for all the consequence*. If the schooner had Used proper diligence and precaution on her part. Held, that the schooner was also guilty of blameahle negli gence and want of precaution. whilst lying still on the broad sea, and a steamer was approaching her. in not giving the warning of her position, in her power to give. and whioh she hail continued to give through the previous night. Held, that both vessels being ill fault In the premises, the damages occasioned thereby must be apportioned, and be borne equally by eneli vessel Order of reference to ascertain value of aehoouer and cargo. No costs allowed to either party The I'nitril Slain i t. Ihe Srhumirr Mnry Jane.? I.ibel against the schooner, for being fitted out and prepared to carry on the slave trade The schooner was equipped at "this port In July. 1N47. and laden with a cargo for the coast of Africa, on a trading voyage.and wa? to return In live months. The master in command of her hail been frequently on the coast, and had been Indicted and convicted in the United States for lieing concerned in the slave trndo. on his last preceding voy ?*.' llirn-, . tlir conviction. III' was >r><Ml by the President, and shortly after was employed on the voyage in i(Ue?tlon. The cargo was discharged immediately on the arrival of the schooner nt (ialenns; and under tlie direction of the master, who remained on shore, additional water ca*ks were put on hoard, and more ordered, and the vessel directed to be ready to go to Rraxil. under charter to a person in Oalena*. to carry passengers, Spaniards or I'orttlgUCiMS. The mate and crew in charge of the schooner, becoming alarmed, and thinkIn^ she was destined to be put in the slave trade made sail witli her. and searched along the coast for ail American man of war. to put her in chagrc of United States officers; but not being able to meet with a cruiser. they brought the vessel to this port, and surrendered her to the United States authorities Kvidence was given by the claimant in explanation of many of the facts proved Held by the court that sufficient proof was nitt produced by the United State* to convict the vessel of being fitted "Mt ami prepared to l?? engaged in the slave trade, and ordered, that the libel be dismissed; but held that probable cause was shown for the arrest and aeiuure of'the vessel, and ordered a certificate to l>e entered accordingly I'rlrr McDonald itnH othm ft. Thr Ship *'lhrrfnylr.? (Opinion in writing.)?Suit by steerage passengers to I recover compcn?atlon for being put 011 short allowance of pro virion and water, on vojago from Uwpvol to i imi ii n i m LD. Price Two tcnU. ? Vew Vurk The proof* were ample, showing the i ulufflcieuey at the supply to the libellants. and their lulfering* In CJiineitueuce The defence was ?1 That lie ship wa*a Uritish re?*el. and the parties British *ubects. uiul that thU ( ourt hail no jurisdiction In the mat wr 2. That the entire ship had been chartered hjr the ?wner*. aud the charterers were owner* for the voyage, i ml l lie ship wan not retponnlhle for their act* .1 That ;he contract of iibdluut* w?? with the agent or broker if passenger*. and wuh pcrnuual. mid not landing on Lhe ship. he not being agent of the ship 4 There >?-ing no proof that the ship bad uot an adequate sapply of (provisions or water. she must he presumed to nave been so furnished; and that It was the fault of the master in uot delivering them out to the libellants, for which be alone Is answerable Held that the charter party proved was ait affright incut for the T?jrage uud uot an entire Icttiug of the fillip, to as to eon] Htitulc the charterer* owner* for the voyuge; that pa* senger ves*el* carrying passenger*. Ike . for hire, are lia mi- in rem, on uu-ir contract* the wmr a* oh shipment of merchandize; Unit,the ibip is bound to pruritic passenger* wholesome an.l necessary provision* and water, as well a* necessary room for sleeping and being housed; uud wtiou tin- pa-?*enger 1* deprived of oitllur the shipi* chargeable fur tin- injury, certainly.unless the jwner prorei the ucceasary provision w.n made by him. and withheld by the master; that, iu thin caw, the contract having to be executed or completed iu the United State*, the court* of thin country have jurisdiction on the subject matter, the name a* if the parties and ship were American Decreed that the libellant* recover against tho.shipjthe amount of pasIriage money paid, together with Interest from the commencement of the suit, ami taxed cost*. John Scott M William II IhmIL^UM for wage*, to Liverpool and back, a* cook. The libellant was seen taking tobacco on board the vessel in New Vork clandestinely The vessel was searched at Liverpool by custom house officers, and 40 to 50 pounds of tobacco was found concealed under the floor of the cook's galley. The vessel was in consequonce detained some days; but no distinct evidence was given of the time, or the damage occasioned to the owners. Held, that aeamen owe fidelity to the ship, and any iutentlonal or wrongful act of theirs ou board, subjectlug the ship owners to loan, will bu punished by substruction of their wages. The mulct may equal the whole amount of wuges, or at the discretion of (Jie court, be qualified according to the equities of the case The evidence leaves no room to doubt that he well knew he was violating the Kngllsh law in what he did. No very ** vere less to the altip being proved, it U ordered that an abatement of for the offence be made for the libellant'* wages, and that he recover the residua (if tiny) without coats. Eilward Fitzgerald vt William Dodge?Opinion In writing.? Suit for collision at one of the pier* in New York. The steamboat Mohegan. commanded by tha respomlant. was towing out of her berth a coal barge. The libelant's schooner was at a contiguous plar At the request of the respondant, she was dropped astern, so as to open space sufficient for the bargw to pass out at her head. The libellant and respondent both thought the schooncr had been sufficiently moved, but cue euuy line swayeu mo narge. an sue was lowea out ot her berth, towardH the schooner, and no one loosing her forward faste bo an to let her fall farther bark, her bowsprit wan struck by the barge, and (the received considerable injury Some injury wan also received by the barge. Held that the cane was one of mischance or accident Both parties thought a widening opened sufficient for the barge to pass out safjly; and although the respondent by warping out the barge by hand, might have kept her off tho schooner, no the respondent, by letting loose his fasts, or hauling her a trifle more astern, would have kept tho two clear. It is not a case of wrongful colislon, in which the defendant nan b? made answerable. 1)111 dismissed without costs to either party. William Jllej-aiider vt. Joirjih Galloway.?(Opinion in writing.) Suitforwages from New York to I harleston and back. The llbellunt was arrested in this city after the return of the ship, charged with stealing a ban of cotton, part of the return cargo. On trial before a justice for the larceny, the libellant was acquitted. But the evidence produced on this having established beyond all question, that the libellant. in concert with two accomplices (a person on shore and the second mate) had purloined the cotton, lauded it in the night, and attemptvdjto sell it?held that his conduct forfeited'all wages earned ou the voyage. It did so. because the wilful plunder of the cargo and taking it ashore for sale, was a higher offence in a sailor than embezillng and using on board, liquors or provisions belouging to the ship, and |such acts are visited by abatement of wages to the full extent of the ship's loss ; and also, because misconduct was of a character to justify the master discharging the sailor from the ship, and that grade of miscouduct carries with it, ns a common consequence, a forfeiture of wagos. Decree dismissing the libel, with cost* to be taxed. Charlei Summers vt. Jlndrew T. Pierry.?(Opinion* in writing.) Libel for wages earned whilst the vessel was fitting for sea, and for damages in not taking libellant the voyago. Ho engaged us cook, and went at times two or three days before her sailing, to the vessel, aud did occasionally some work on board When ordered on board the day of sailing, he re'used to go, and declared he would not perform the voyage Tho shipping brokers and others, falling to persuade hlni to fulfil his engagement, and the vessel Iteiug detained for a cook, another was shlppedand went the voyage. Held that the leaving the vessel by the libellant. in violation of his contract, aud against the wishes of the master, waa in effect a desertion. At common law. the libellant would be barred, recovering for the work done, having broken his agreement ana failed to nerve out the tinw for which ho was hired. The same rule applies in th? attlttllM tOVtl, where tin- sailor <|Uitn the vessel without the eonient of the master. Decree that the libel b#? dismissed, with summary cost* to thu respondent, to b? taxed. Robert W<ioil ft The Hark Infanta.?(Opinion In writing.)? Action for damage* by a British iinilor against a British ship. ami also for hi* service* in fitting out nnd preparing the ship Tor sea tn her honu? port. Held that admiralty courts will not enforce claim* in favor of foreigner* again*t ships of their own country. or liabilities Incurred in a home port. unless thosa claims are proved to be liens in that place. Dy the law of Knglaud. artificer! aud nautical men acquire no Ilea on a vessel within the realm for supplies or service* rendered her Held. also, that the contract of the 11IH-Ilaut with the ship, being for a voyage from Nova Scotia to New Y'ork. thence to Liverpool, and thence to the I'uited States or a British port inNorth America, the libellaiit could not arrest the vessel before the termination of the voyage in this port, unless he proved a wrongful discharge, his own destitution, or produced the approval of the British consul or commercial agent in this port, or minister to the United State#, to hi* suit Held. also, that the facts in proof would justly defeat the recovery of libellaiit on the merits. Held that the commission to Nova Scotia was properly executed, although witnesses were examined, whose names had not been previously furnished the llbellant?a sufficient excuse, therefore, being given by the respondent, decree for respondent with costs (inner Stain rf. The Hark InfantThe same legaf principles applicable to this case. Libel dismissed with costs. < ommo.n IYkas?f" Bivro?Dkciiioks?Stephen Arnold, nt al ads. Isaac Arnold?Motion granted; cost* to abide the event. Fox vs. Hare?Motion for oomtni*slon denied, but without prejudice to a renewal of it; no costs to either party on tills motion. SliacfTer ad*. 1 Wright?Motion granted, provided the defendant pay* into court the amount of the verdict, or gives security therefor, and pays all costs of inquest and subsequent procccdings|in this cause ; costs of motion and of *uit against bail. Allis ads. White?Motion to set aside default granted, without costs Maybcc vs Thomas Motion so far granted as to allow parties to submit written arguments on Saturday next. White vs. Allis? Motion for commission granted according to notice; costs to abide the event. Sutton ads Curry Motion granted with costs. Plaintiff may stipulate on payment of costs. Bertraml ads Lovogrove ?No opposition being made, the motion granted to vacate the default, and riginal motion is to be heard on Friday next si'pkrior <'ot'rt In B?ico?Dr Huga ei. Merchants' linnranrr fniiiuanu Motiou denied without cost* to either |>arty Hou-liind mis llmhroiiek Motion for now trial denied Judgment for plnintiff Hunk of l.ouiiiana ri. Gerard 11 Cotter.?Judgment for |il<iint ifT-i AV^? aiit Willt ?Judgment for defendant, a* in oas? of a nonsuit . Coppertkwait i? Sheffield Ordered. that for tho purpose of adjusting the verdict in thin cause, interest l>p computed upon the judgment recovered by th* Hank of Kngland against James and John Keid. on th?? r>th dnv of March. 1H4-. from that day to the 7th of \pril 184'J. at the rate of live per cent per annum; that interest upon tin- two hills upon which this suit is brought. !>?. computed at the rate of Ave per cent per annum from the 19th day of June. lHiJT. to the 7th of \pril. 1K42 The amount to be ascertained pursuant to tin- direction* contained in the order of the court, to ho converted into the currency of the lotted States nt the rate of f4 St!, and 1-10 per cent to the pound sterling, and interest added at the rate of seven per cent per annum from the 7th of .April. 1"(42. to the date of the verdict. ? i> Si ? n.< ('ommiiiioii n * On'n ?. May ? Bf? fore Commissioner Morton?Chargr of Harder.? (ireenwood. the man charged with the murder of Wm. Carlyle, on board the brig Colonel Tayloe. woe committed to-day to take his trial for murder. Corsr or < ?:m:sai. Si?iom?May 5.?Before Recorder Scott. and Aldermen franklin and Dodge ? John McKnou ( >( . District Attorney. Thr Trial of llonora Skepard. on an indictment for pnminir h pnunterfpit $10 bank bill, wa* returned. and evprnl additional witarwcn were examined. but thi? H f?.<f hid not b*fn flined for Ihc pro?pputk>n when th? H court adjourned until to-morrow morning. H Cmnr Cai.iid?? ?o* Mnxn???Circuit Court? H IV lrt. 17. 18. 19. 20. 21. 23. J5. 27. 1*3. .Superior Court.?32. Jits. 49. 2. 8. 9. 11. HI. SO. 89. 04. 102. ]0,i. .,1 I XL 133 l:t?. 138 IM Us. |k 1M 1M. 188. 17, 23. Mi M :I4. M. 0.1. M. 7". 103. 171 to 170 InrluMv*. 179. 182. 183. 1S4. IHii. 1X7. 18. 188 to 198, 194 to 200 Common Pleat. n N II 44. 4-'. IS. II, H, ;,4 67 59. 80. 83. 83j Tiik Canals.?Yesterdav, upward* of one hun- h droil bouts were lying in thin city (Waiting their turn* to pa?n tin' welfrh-lock I.oid?d l?oat* ?fi? weighed tofpiHd jrerterday moraine for tin* ilr?t Um, the water bavin* Income mifflpient for navigation In that direction I'p to ?ix o'clock lant ereuintr, th? whole number of boat* weighed tu 52. Tin- number Of bimll Of Hour which hu.1 pMMd th* weigh loek up to thp um< hour, was 25,801. ? Ko< Ktit*r 61\ itut. J