The Sun. — London, England, 1845-12-23 00:00:00

r% 1 - ` , l _ ~~. , A lt bigfietirAlifj4:o4Y articles of import which they will hear within tligriesinue standard, for such rates would penbablesepredU6eVmuch larger amount than the eco e„s komicnl ildmiiiiitation of the Government would re sire. Nor - doeiftfollow that the duties on all articles should be at the!same, or a horizontal rate. Some ar tieles will bear a much higher revenue duty than others. Below the maximum of the revenue standard Congress may and ought to discriminate in the rates imposed, taking care so to adjust them on different articles as to produce in the aggregate the amount which, when added to the proceeds of sales of public lands, may be nesded to pay the economical expenses of the Government. In levying a tariff of duties Congress exercises the taxing power, and for purposes of revenue may select the objects of taxation. They may exempt certain articles altogether, and permit their importation free of duty. On others they may impose low duties. In these classes should be embraced such articles of neces sity as - are in general use, and especially such as are consumed by the labourer and the poor, as well as by the wealthy citizen. Care should he taken that all the great interests of the country, including manufactures, agriculture, commerce, navigation, and the mechanic arts, should, as far as may be practicable, derive equal advantages from the incidents: protection which a just system of revenue duties mey afford. Taxation, direct or indirect, is a burden, and it should be so imposed as to operate as equally as may be on all classes, in the proportion of their ability to bear it. To make the taxing power an actual benefit to one class necessarily increases the burden of the others beyond their pro portion, and would be manifestly unjust. The terms " protection to domestic industry," are of popular im port ; but they should apply under a just system to all the various branches of industry in our country. The farmer or planter who toils yearly in his fields is engaged in " domestic industry," and is as much entitled to have his labour " protected," as the manufacturer, the man of commerce, the navigator, or the mechanic, who are en gaged also in "domestic industry" in their different pur suits. The joint labours of all these classes constitute the aggregate of the "domestic industry" of the nation, and they are equally entitled to the nation's " protection." No one of them can justly claim to be the exclusive re cipients of "protection," which can only be afforded by increasing burdens on the " domestic industry" of the others. If these views be correct, it remains to inquire how far the Tariff Act of 1842 is consistent with them. That many of the provisions of that Act are Li violation of the cardinal principles here laid down all must concede. The rates of duty imposed by it on some articles are pro hibitory, and on others so high as greatly to diminish importations, and to produce a less amount of revenue than would be derived from lower rates. They operate as " protection merely," to one branch of " domestic in dustry," by taxing other branches. By the introduction of minimums, or assumed and false values, and by the imposition of specific duties, the injustice and inequality of the Act of 1842, in its prac tiCal operations on different classes and pursuits, are seen and felt. Many of the oppressive duties imposed by it under the operation of these principles, range from 1 pwr cent. to more than 200 per cent. They are pro hibitory on some articles and partially so on others, and bear most heavily on articles of common neceesity, and but lightly on articles of luxury. It is so framed that much the greatest burden which it imposes is thrown on labour and the poorer classes, who are least able to bear it, while it protects capital and exempts the rich from paying their just proportion of the taxation required for the support of' government. While it .protects the capital of the wealthy manufacturer, and increases his profits, it does not benefit the operative or labourer in his employment, whose wages have not been increased by it. Arti c l es o f pr i me necessity, or of coaese quality and low price, used by the masses of the people, are, in many instances, subjected by it to heavy taxes, while articles of finer quality and higher price, or of luxury, which can be used only by the opulent, are lightly taxed. It imposes heavy and unjust burdens on the farmer, the planter, the commercial man, and those of all other pur suits, except the capitalist who has made his investments in manufactures. All the great interests of tho country are not, as nearly as may be practicable, equally pro tected by it. The Government in theory knows no dietinction of persons or classes, and should not bestow upon some fa vours and privileges which all others may not enjoy. It was the purpose of its illustrious founders to base the institutions which they reared upon the great and un changing principles of justice and equity, conscious that if administered in the spirit in which they were con ceived they would be felt only by the benefits which they diffused, and would secure for themselves a defence in the hearts of the people, more powerful than standing armies, and all the means and appliances invented to sustain governments founded in injustice and oppression. The well-known fact that the Tariff Act of 1842 was Passed by a majority of one vote in the Senate, and two in the House of Representatives, and that some of those who felt themselves constrained, under the peculiar cir cumstances existing at the time, to vote in its favour, pro claimed its defects, and expressed their determination to aid in its modification on the first opportunity, affords strong and conclusive evidence that it was not intended to be - permanent, and of the expediency and necessity of its thurongh revision. In recommending to Congress a reduction of the pre sent rates of duty, and a revision and modification of the Act of 1842, I am far from entertaining opinions un friendly to the manufacturers. On the contrary, I desire to see them prosperous, as far as they can be so, without imposing unequal burdens on other interests. The ad vantage, under any system of indirect taxation, even wPhin the revenue standard, must be in favour of the manufacturing interest ; and of this no other interests will complain. I recommend to Congress the abolition of the minimum principle, or assumed, arbitrary, and false value, and of specific duties, and the substitution in their place of ad duties, as the fairest and most equitable indirect tax which can beimposed.,,By the ad valorem principle all articles are tested according to their cost oryalue, and those which are of inferior quality or of small cost bear only the just proportion of the tax with those which are of supe rior quality or greater cost. The articles consumed by all are taxed at the same rate. A system of ad valorem revenue duties, with proper discriminations and proper guards against frauds in collecting , them, it is not doubted will afford ample incidental advantages to the manufacturers, and enable them to derive as great pro fits as can be derived from any other regular business. It is believed that such a system, strictly within the re venue standard, will place the manufacturing interests on a stable footing, and ensue to their permanent ad vantage, while it will, as firmly as may be practicable, extend to all the great interests of the country the inci dental protection which can be afferded by our revenue laws. Such a system, when once firmly established, would be permanent, and not be subject to the constant com rdsints, agitations, and changes which must ever occur, when duties arc not laid for revenue, but for the " pro w& r merely" of a favoured interest. in the deliberations of cdpgress on this subject, it is hoped a spirit of mutual concession and compromise be tween conflicting interests may prevail, and that the result of their labours may be crowned with the happiest sucees. RECOMMENDATION OP A GOVERNMENT BANK. Tly th , ;:tonstitution of the United States it i provided, that " no money shall be drawn from the treasury but in e , msequence of appropriations made by law." A puYie treasury was undoubtedly contemplated and in tended to be created, in which the public money should be kept koiu the period of collection until needed for the pubic use. In the collection and disbursement of the public money no agencies have ever been employed by law, except such as were appointed by the Govern !tient, directly responsible to it, and under its control. The sere keeping of public money should be confided to a public treasury created by law, and under like respon sibility and control. It is not to fee imagined that the framers of the constitution could have intended that a treasury should be created es a place of deposit and safe keeping of the public money which was irresponsible to the Government. The first Congress under the consti tution, by the Act of the 2d September, 1789, " to esta blish the treasury department," provided fir the appoint ment of a treasurer, and made it his duty to " receive and keep the moneys of the United States," and " at all times to submit to the secretary of the treasury and the cornetrol;er, or either of . them, the iuspection of the wooer in his hands." Titat banks,_ national or state, cou ld no t h ave b een intended to be used as a substitute for the treasury spiken of in the constitution, as keepers of the public nioncy, is manifest from the fact, that at that time there was no national bank, and but three or four state banks of limited capital existed in the.country. Their employ ment as depositories was at.tiratxesorted to, to a limited extent, but with no avowed intention orcontinuing them permanently, in place of the treasury of the constitu tion. When they were afterwards from time to time employed, it was from motives of supposed convenience. Our experience has shown that when banking corpo rations save been the keepers of the public money, and been thereby made in effect the •treasury, the Govern ment can have no guaranty that it can command the use of its own money for public purposes. The late Bank or the United :elates proved to be faithless. But a few years ago, with millions of money in their keeping, the Government was brought almost 0; henkruptcy, and the public credit seriously impaired, because of their inability or indisposition to pay, en demand, to the publi c creditors, in the only cur rency. recognised by the constitution. Their failure fwetirred i n a period of peace, and great inconvenience and loss were suffered by the üblie from it. Had the country been involved in a foreign war, that incon venience and loss would have been much greater and might have resulted in extreme public calamity. The public money should not be mingled w i th the private funds of banks or individuals, or be used for privat e pur poses. When it is placed in banks for sale i ke s er ,, l a tl l g Ae , t i i t b i y s in effect loaned to them without interest, them npon interest to tie) borrowers frotn them. Th., piddeemeney is converted biltiLlog capital, and i s used and lea-le , l out i'or the private profit of bank Sto(-k. holders ; and when called fur (as was the case in 1837), it ma be in the pockets of the horror-:ors from the banks, instead of being in the public treasury contemplated by constitution. The framers of the constitutiou could never have intended that the money paid into the trea sury should be thus converted to private use, and pieced beyond the control of the Government. Balks which hold the public money are often tempted by a desire of gain to exceed their loans, increase their circulation, and thus stimulate, if not produce, a spirit of speculation and extravagance, which, sooner or later, must result in ruin to th ousan d s . If t h e pu bli c money be j not permitted to be thus used, but he kept in the treasury and paid out to the public creditors in gold and silver, the temptation afforded by its deposit with banks to an undue expansio n of their business would bo checked, while the amount of the constitutional currency left in circulation would be enlarged by its employment in the public collections and disbursements, and the banks themselves would, in consequence, be found iu a safer and sounder condition. a At the present, state banks are employed as deposito ries, but without adequate regulation of law, whereby the public money can be secured against the casualties and excesses, revulsions, expansions, and defalcations, to which, from over-issues, over-trading, an inordinate de sire f for gain, or other causes, they are constantly ex posed. The Secretary of the Treasury has in all cases, when it w a s p rac ti ca bl e , t a k en co ll a t era l security for the amount which they hold, by the pledge of stocks to the United States, or such of the states as were in good credit. Some of the deposit banks have given this de scription of security, and others have declined to do so. Entertaining the opinion that " the separation of the moneys of the Government from the banking institutions is indispensable for the funds of the Government and the rights of the people," I recommend to Congress that provision be made by law for such separation, and that a constitutional treasury be created for the safe-keeping of the public is money. The co nst it ut i ona l treasury re commended designed as a secure depository for the public money, without any power to make loans or discounts, or to issue any paper whatever as a cur rency or circulation. I cannot doubt that such a tree- ury as was contemplated by the constitution should be independent of all banking corporations. The money of the people should be kept in the treasury of the people created by law, and be kept in the custody of i agents of the people chosen by themselves, according to the forms of the constitution ; agents who are directly responsible to the Government, who are under adequate bonds and oaths, and are subject to severe punishments for any embezzlement, private use, or misapplication of the public funds, or for any failure in other respects to perform their duties. To say that the people or their Government are incompetent, or not to be trusted with the custody of their own money, in their own treasury, provided by themselves, but must rely on the presidents, cashiers, and stockholders of banking corporations, not appointed by them, nor responsible to them, would be to concede that they are incompetent of self-government. In recommending the establishment of a constitutional treasury, in which the public money shall be kept, I desire that adequate provision be made by law for its safety, and that all executive discretion or control over it shall be removed, except such as may be necessary in directing its disbursements in pursuance of appropriation made by law. expected that this arduous service will be completed in season to enable me to communicate the result to Con• gress at the present session. THE INDIAN TRIBES. Our relations with the Indian tribes are of a favour able character. The policy of removing them to a coun try designed fur their permenant residence, west of the Mississippi, and without the limits of the organised states and teritories, is better appreciated by them than it was a few years ago ; while education is now attended to, and the habits of civilised life are gaining ground among them. Serious difficulties of long standing continue to distract the several parties into which the Cherokees are unhap pily divided.:lThe efforts of the Government to adjust the difficulties between them have heretofore proved unsuc cessful ; and there remains no probability that this desir able object can be accomplished without the aid of fur ther legislation by Congress. I will at an early period of your session, present the subject for your conside ration, accompanied with an exposition of Oa com plaints and claims of the several parties into which the nation is divided, with a view to the adoption of such measures by Congress as may enable the Exeeetire to do justice to them respectively, and to put an ens. if pos sible, to the dissensions which have long prevailled, and soil prevail among them THE NAVY. I refer you to the report of the Secretary of the Navy for the present condition of that branch of the national defence; and for grave suggestions, having for their ob ject the increase of its efficiency and a greater economy in its management. The orders which have been given have been executed with promptness end fidelity. A larger force than Las often formed one squadron under our flag was readily concentrated in the Gulf of Mexico, and apparently without unusual effort. It is especially to be observed, that, notwithstanding the union of so considerable a force, no act was committed that even the jealousy of an irritated power could construe as an act of aggression ; and that the commander of the squadron and'his officers, in strict conformity with their instructions, holding:themselves ever ready for the most active duty, have achieved the still purer glory of con tributing to the preservation of peace. It is believed that at all our foreign stations the honour of our flag has been maintained, and that, generally, our ships of war have been distinguished for their good discipline and order. lam happy to add, that the display of maritime force which was required by the events of the summer has been made wholly within the usual appropriations fur the service of the year, so that no additional appro priations are required. The commerce of the United States, and with it the navigating interest, have steadily and rapidly increased since the organisation of our Government, until it is believed a e are now second to but one in power in the world, and at no distant day we shall probably be in ferior to none. Exposed as they must be, it has been a wise policy to afford to these important interests pro tection with our ships of war, distributed in the great highways of trade throughout the world. For more than thirty years appropriations have been made, and annually expended, for the gradual increase of our naval forces. In peace, our navy performs the important duty of pro tecting our commerce; and, in the event of war, will be, as it has been, a most efficient metrs of defence. The successful use of steam navigation on the ocean has been followed by the introduction of war steamers in great and increasing numbers into the navies of the principal maritime powers of the R orld. A due regard to our own safety and to an efficient protection to our large and increasing commerce demands a cor responding increase on our part. No country has greater facilities for th e cons t ruct i on o f vessels of this description than ours, or can promise itself greater ad vantages from their employment. They are admirably adapted to the protection of our commerce, to the rapid transmission of intelligence, and to the coast de fence. In pursuance of the wise policy of a gradual in crease of our navy, large supplies of live oak timber and other materials for ship-building have been collected, and are now under shelter, and in a state of good pre servation, while iron steamers can be built with great facility in various parts of the Union. The use of iron as a material, especially in the construction of steamers, which can enter with safety many of the harbours along our coast now inaccessible to vessels of greater draught, and the practicability of constructing them in the inte rior, trongly recommends that liberal appropriations should be made for this important object. Whatever may have been our policy in the earlier stages of the government, when the nation was in its infancy, our shipping interests and commerce comparatively small, our resources limited, our population spare, and scarcely extending beyond the limits of the original thirteen States, that policy must be essentially different now that we have grown from three to more than twenty millions of people ; that our commerce, carried in our own ships, is found in every sea, and that our ter ritorial boundaries and settlements have been so greatly expanded. Neither our commerce, nor our long line of coast on the ocean and on the lakes, can be successfully defended against foreign ag gression by means of fortifications alone. These are essential at important commercial and military points, but our chief reliance for this object must be a well organised and efficient navy. The benefits resulting from such a navy are not confined to.the Atlantic states, The productions of the interior, or which seek a market abroad, are directly dependent on the safety and freedom of our commerc. The occupation of the Belize below New Orleans by a hostile force would embarrass, if not stagnate, the whole export trade of the Mississippi, and effect the value of the agricultural products of the entire alley of that mighty river and its tributaries. It has never been our policy to maintain large stand ing armies in time of peace. They are contrary to the genius of free institutions, would impose heavy burdens on the people, and be dangerous to public liberty. Our reliance for protection and defence on the land must be mainly on our citizen soldiers, who will be ever ready, as they have ever been ready in times past, to rush with alacrity, at the call of their country, to her defence. This description of force, however, cannot defend our coasts, harbours, and inland seas, nor protect our com merce on the ocean or the lakes. These must be pro tected by our navy. Considering an increased naval force, and especially of steam-vessels, corresponding with our growth and importance as a nation, and proportioned to the in. creased and increasing naval power of other nations, o vast importance as regards onr safety, and the great and growing interests to be protected by it, I recom mend the subject to the favourable consideration of Congress. THE LAND SYSTEM . . Under our present land system, limiting the minimum price at which the public lands can be entered to one dollar and 25 cents, per acre, large quantities of lands of inferior quality remain unsold, because they will not com mand that price. From the records of the General Land office it appears, that of the public lands remaining UR sold in the several stater. and territories in which they are situated, 39,105,577 acres have been in the market, subject to entry more than twenty years ; 49,638,644 acres for more than fifteen years ; 73,074,600 acres for mere than ten years, and 106,176,961 acres for more than five years. Much the largest portion of these lands will continue to be unsaleable at the minimum price at which they are permitted to be sold, so long as large territories of lands from which the more valuable portions have not been selected are annually brought into market by the Government. With the view to the sale and settlement of these inferior lands, I recommend that the price be graduated and reduced below the present minimum rate, confining the sales at the reduced prices to rettlers and cultivators, in limited quantities. If graduated and reduced in price for a limited term to one dollar per acre, and after the expiration of that period for a second and third term to lower rates, a large portion of these lands would be purchased, and many worthy citizens who are unable to pay higher rates could pur chase homes for themselves and their families. By adopt ing the policy of graduation and reduction of price, these inferior lands will be sold for their real value, while the states in which they lie will be freed from the incon venience, if not injustice, to which they are subjected, in consequence of the United States continuing to hold large quantities of public lands within their borders, and not liable to taxation for the support of their local go vernments. I recommend the continuance of the policy of granting pre-emption, in its most liberal extent, to all those who have settled or may hereafter settle on the public lands, whether surveyed or unsurveyed, to which the Indian title may have been extinguished at the time of settle ment. It has been found by experience, that in conse quence of combinations of purchasers and other causes, a very small quantity of the public lands, when sold at public auction, commands a higher price than the minimum price established by duty. The settlers on the public lands are, however, but rarely able to secure their homes and improvements at the public sales at that rate ; because these combinations, by means of tho capital they command, and their superior ability to purchase, render it impossible for the settler to compete with them in the market. By putting down all competition, these combinations of capitalists and speculators are usually enabled to purchase the lands, including the improvements of the settlers, at the minimum price of the Government, and either turn them out of their homes, or extort from them, according,to their ability to pay, double or quadruple the amount paid fur them to the Government. It is to the enterprise and perseverance of the hardy pioneers of the west, who penetrate the wilderness with their families, suffer the dangers, the privations, and hardships attending the set tlement of a new country, and prepare the way for the body of emigrants who, in the course of a few years, usually follow them, that we are in a great degree in debted for the rapid extension and aggrandisement of our country. Experience has proved that no portion of our popula tion are more patriotic than the hardy and brave men of the frontier, or more ready to obey the call of their coun try, and to defend her rights and her honour, whenever and by whatever enemy assailed. They should be pro tected from the grasping speculator, and secured, at the minimum price of the public lands, in the humble homes n hich they have improved by their labour. With this end in view, all vexatious or unnecessary restrictions imposed upon them by the existing pre •emption laws should be repealed or modified. It is the true policy of the Government to afford facilities to its citizens to be come the owners of small portions of our vast public do main at low and moderate rates. The present system of managing the mineral lands of the United States is believed to be radically defective. More than a million of acres of the public lands, sup posed to contain lead and other minerals, have been re served from sale, and numerous leases upon them have been granted to individuals upon a stipulated rent. The system of granting leases has proved to be not only un profitable to the Government, but unsatisf ac t or y t o t h e citizens who have gone upon the lands, and must, if con tinued, lay the foundation of much future difficulty be tween the Government and the lessees. According to the official records, the amount of rents received by the Government for the years 1841, 1842, 1843, and 1844, was 6,354 dolls. 7.1 cents, while the expenses of the system during the same period, including salaries of su perintendents, agents, clerks, and incidental expenses, was 26,111 dolls. 11 cents.—the income being less than one-fourth of the expenses. To this pecuniary loss may be added the injury suatained by the public in conse quence of the destruction of timber and the careless and wasteful manner of working the mines. The system has given rise to much litigation between the United States and individual citizens, producing irritation and excite inent in the mineral region, and involving the Govern ment in heavy additional expenditures. It is believed that similar losses and embarrassments will continue to occur while the present system of leasing these lands re- main.; unchanged. These lands are now under the su p rintendeuce and care of the war department, with the ordinary duties of which they have no proper or natural connexion. I recommend the repeal of the present system, and that the lands be placed under the super intendence and management of the General Land-office as other public lands, and be brought into market and sold upon such terms as Congress in their wisdom may prescribe, reserving to the Government an equit able per centage of the gross amount of mineral pro duct, and that the pre-emption principle be extended to resident miners and settlers upon them, at the minimum price which may be established by Congress. I refer you to the accompanying report of the Secretary of War fur infUrmation respecting the present situation of the army, and its operations during the past year ; the state of our defences ; the condition of the public works, and our relations with the various Indian tribes within our limits, or upon our borders. I invite your attention to the suggestions contained in that report, in relation to these prominent objects of national interest. THE ARMY. When orders were given during the past summer for concentrating - a military force on the western frontier of Texas., our troops were widely dispersed, and in small detachments, occupying posts re mote from each other. The prompt and expe ditious manner in which an army, embracing more than half our peace establishment, was drawn together on an emergency so sudden, reflects great credit on the officers who were entrusted with the execution of these orders, as well as upon the discipline of the army itself. To be in strength to protect and defend the people and territory of Texas, in the event that Mexico should commence hostilities or invade her territories with a large army which she threatened, I authorised the general assigned to the command of the army of occupation to make requisitions for additional forces from several of the states nearest the Texan ter ritories, and which could most expeditiously furnish thorn, if in his opinion a larger force than that under his command, anti the auxiliary aid which, under like circumstances, he was authorised to receive from Texas, should be required. The contingency upon which the exercise of this authority depended has not occurred. The circumstances under which the two companies of state artillery from the city of New Orleans were sent to Texas, and mustered into the service of the United States, are fully stated in the report of the Secretary of War. I recommend to Congress that provision be made for the payment of these troops, as well as a small num ber of Texan volunteers, whom the commanding general thought it necessary to receive or muster into our service. Dating the last summer the 1 st Regiment of Dragoons made extensive excursions through the Indian country on her borders, a psrt of them advancing nearly to the possessions of the Hudson's Bay Company in the north, anti a pert as far as the South Pass of the Rocky Munn ttitis„„ and the h ea d wa t ers o f t h e t r ib utary streams o f t'i . 9 (.??Jorad o o f t h e W est. The exhibition of this mi•- loaFy torce amon g the Indian tribes in those distant regions, and the c ounc il s held with them by the com manders of the e x p e di tions, it is believed, will have a influence salutary in restraining them from hostilities among themselves, and maintaining friendly relations between them and the United States. An interesting account of one of these excursions accompanies the re port of the Secretary at War. Under the directions of the War Department, Brevet Captain Fremont, of the corps of 'topographical Engineers, has been employed since 1842 in exploring the country west of the Mis sissippi and beyond the Boeky Mountains. Two expe ditions have already been brought to a close, and th e reports of that scientific and enterprising . officer have furnished much interesting- and valuable information. He is now engaged in a third expedition ; but it is not THE SUN, LONDON, ViTT_ESDA Y EVENING, DECEMBER 23, 1845. law fur his department, as may be required to discharge the additional duties which have been, or may be, de volved upon him. COLUMBIA. Congress possess the power of exclusive legislation over the district of Columbia ; and I commend the inte rests of its inhabitants to your favourable consideration. The people of this district have no legislative body of their own, and must confine their local, as well as their general, interests to the representatives in whose election they have no voice, and over whose official conduct they have no control. Each Member of the National Legis lature should consider himself as their immediate repre sentative, and should be the more ready to give atten tion to their interests and wants, because he is not re sponsible to them. I recommend that a liberal and ge nerous spirit may characterise your measures in relation tion to them. I shall be ever disposed to show a proper regard fur their wishes, and, within constitutional limits, shall at all times cheerfully co-operate with you for the advancement of their welfare. THE LATE GENERAL JACKSON. I trust it may not be deemed inappropriate to the oc casion for me to dwell for a moment on the memory of the most eminent citizen of our country, v% ho, during the sum mer that is gone by, has descended to the tomb. The enjoyment of contemplating, at the advanc?d age of near four score years, the happy condition of his country, cheered the last hours of Andrew Jackson, who de parted this life in the tranquil hope of a blessed immor tality. His death was happy, us his life had been eminently useful. He had an unfaltering confidence in the virtue and capacity of the people, and in the perma nence of that free government which he had largely contributed to establish and defend. His great deeds had secured to him the affections of his fellow-citizens, and it was his happiness to witness the growth and glory of his country, which he loved so well. He departed amidst the benedictions of millions of freemen. The nation paid its tributo to his memory at the tomb. Coming generations will learn from his example the love of country and the rights of man. In his language on a similar occasion to the present, " I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on his merciful Providence for the mainte nan,.!e of our free institutions ; and with an earnest sup plication, that whatever errors it may be my lot to commit in discharging the arduous duties which have devolved on me, will find a remedy in the harmony of our counsels." JAMES K. POLK. Washington, Dec. 2, 1845. Two very important votes were taken in the House of Representatives, on Monday, and by very decisive ma jorities. The first against rescinding the one-hour rule, the other against rescinding the 21st rule, which, it will be remembered, prohibited the reception of any petition or other papers requesting the abolition of slavery in the slave states or in the territories of the United States. The Treasury notes outstanding, December 1, 1845, amounted to 592,864 dollars. the crew were dissatisfied and grumbling. It was re marked that therecould have been mare water obtained at the last place they called at. There had been no disturbance that he was aware of up till that time. He recollected bespeaking a French barque, about five or six days of er leaving the parallel of Ascension, and three days before J. Rambert jumped overboard. They got some water and provisions, and a cask of wine, from the barque. About this time the captain found fault with the mate about the boat being damaged. Witness heard the mate say that if he had not a wife and family he would have jumped overboard. Witness did not hear the reason of his saying so, as he was only passing along. The same night they bespoke the barque, witness over heard Barry Yelverton tell the captain, that Reason had said, "if he (the captain) did not make the island of Ascension next day, there would he no more Captain Johnstones." This was alleged to have been said the day before the time when the ship should have reached Ascension, but it was not told the captain till after be .Teaking the French barque. Witness afterwards heard the captain call Rambert, and t, 11 him that there were intentions amongst the ,crew against him. Rambert said he did not know of any at that time. The captain then ordered the first and second mate, and witness, and the three boys to take arms, and they all did so. This was about nine o'clock at night. The watch, comprising eight men and a boy, were down asleep at the time. The other watch was on duty and all orderly as far as he knew. Up to this time witness heard nothing of any mutiny but what he heard Barry Yelverton tell the captain, and the captain saying when he ordered them to be armed, " that he believed the crew had sharpened their knives to take his life." Svveral other questions were put respecting subsequent proceedings, but the answers were mainly corroborative of the evidence of the other witnesses, fully given, as to the manner the captain had acted towards the deceased. The only point ma terially differing from the former examinations was re specting the conduct of the captain after Reason jumped overboard. The witness stated that on Reason jnmping overboard the captain called the crew together and asked if they should try to save him, but the crew were of opinion that it would be of no use, the ship being under such 'a crowd of sail. Wit ness at the same time heard Curtis tell the captain that Rambert was the cause of all the disturbance as he wanted to take the ship to America. Peter Curtis, examined—He said, that the mate came to him about two hours before he jumped over board. He was all cut about the head tied face. Wit ness told Burton and others to go aft, and make the cabin fast, as the captain would murder all hands. Witness took iron belaying pins, and so did another of the crew, and went aft with the mate, as far as the break of the poop. French told them not to be foolish, and so they went forward again, throwing down the iron belaying pins. He saw French forward with a pistol loaded, who threatened to shoot Rambert if he did not go aft to the captain. French had a bayonet in his hand as well as the pistol. Witness also heard the captain threaten that if he did not bring the mate aft, he would take his (French's) life. Rambert went aft, and the captain struck him several times on the head with the butt-end of the pistol, and cut him with the cutlass about the head and face. Rambert was then put in irons, but immediately after re leased ; and witness saw the captain chase him round the deck with a drawn cutlass in his hand, when the mate jumped overboard. Before Rambert jumped overboard witness did not tell the captain the mate intended to seize the ship, and take it to America. He did not hear any one say so but the captain. The only reason is by he wanted to seize the captain was fur their own protection a on account of his going about the deck pricking and cutting the crew with a cutlas and bayonet. The attempt he had named was the only one made by the crew. Mr. Hayward said this was all he had to offer on ho three principal charges, and he would now proceed to call evidence respecting the proceedings of the captain when the ship arrived in the channel, re specting the cutting and wounding of the crew. Beresferd, Curtis, Tucker, Blackdon, Spencer, Glover, and Alison, being the remaining pootion of the crew that had not been examined or. the fourth cha!ge, were then called in, and, with the consent of Mr. Humphries, and in order to economise time, Mr. Hayward confined the examination to the actual injuries each had received from the captain, without going into the general case on which evidence Lad already been fully taken. Berzsford said he had got two cuts on the head and one on the wrist, and was made to kiss the sole of the captain's foot. Curtis stated that he had been cut in several places about the head and body with a cutlas, all hands being down in the cabin at the time on their knees. Tucker deposed, on the 7th of November he had been called down to the cabin and ordered on his knees, and that while in that position he was fired at by French through order of the captain, on the face, the captain standing by at the time with a cutlass over his head. He was afterwards cut and fired at while on deck. The state ments of Spence, Blackdon, Glover, and Alison, were (,f a similar character. The evidence being closed, the depositions were read over, and the witnesses severally bound over to appear and give evidence against the prisoner at the next ses sions to be held at the Central Criminal Court. Mr. BRODERIP then addressing the prisoner, informed him that, after a long and careful examination, it was his painful duty to commit him for trial at the ensuing session of the Central Criminal Court, on three capital charges of murdering William Rambert, chief mate of the ship Tory, Thomas Reason, second mate, and Wm. Mars, common sailor; and also on the charge of feloni ously cutting and wounding the crew of the same ship. The prisoner was then removed in a most exhausted state, and thus terminated one of the longest and most extraordinary magisterial investigations upon record. RETIREMENT of LORD STANLEY. We are assured that Sir Robert Peel will be enabled to retain the co-operation of all his former colleagues, with the exception of Lord Stanley. Lord Stanley, we regret to learn, feels himself com pelled to withdraw from her Majesty's service. his Lordship acted throughout the late painful and pro tracted discussions with perfect fairness and openness. All the other colleagues of Sir Robert Peel will re main in office. They are influenced, no doubt, by the same motives by which Sir Robert Peel was influenced, when he informed her Majesty, on Saturday last, that he required no time for consultation or delibera tion ; that on the instant he should resume the functions and responsibilities of Prime Minister. The question to be decided at the Council, summone d at short notice on Saturday night, was simply this— shall the Queen and the country be left at such a crisis without a Minister and without a Government? The decision of the Duke of Wellington and of those of his colleagues who had, in the first instance, dissented from the views of Sir Robert Peel, was not to leave him to pursue his arduous and patriotic course alone, but to share the burthen with him, and give him all the aid which their high station, their known abi lity, and disinterested integrity so well enabled them to afford. The position of Lord Stanley was peculiar; and acting On strong conviction and on his sense of public duty, he resolved on retiring.— Tory (Evening) paper. MEETING OT PARLIAMENT. —lt was arranged to-day, at the meeting of the Privy Council, that Parliament should be further prorogued from 'rues day, the 30th instant, to Tuesday, the 20th of Ja nuary, then to meet for the dispatch of business. rilE LONDON GAZETIT. (THIS EVENING.) WHITEHALL, DEC. 20, 1845. The Queen has been pleased to nominate, constitute, and appoint the Right Hon. Henry Goulburn to be one of the Ecclesiastical Commissioners for England in the room of the Right Hon. Sir Herbert Jenner Fust, resigned. CROWN-OFFICE, DEC. 22. MEMBER RETURNED TO SERVE IN THE PRESENT PARLIAMENT. Borough of Woodstock —Alfred Spencer Churchill, com monly called Lord Alfred Spencer Churchill, in the room of John Henry Loftus, commonly called Viscount Loftus, now Baro❑ Loftus, called up to the House of Peers. OFFICE OF ORDNANCE, DEC. 22. Royal Regiment of Artillery—Second Captain G. Innes to be Adjutant, vice Sandham, who resigns the Adjutancy only, Dec. 18 ; Second Captain H. T. Fyers to be Adjutant, vice Shone, promoted; Second Captain A. Benn to be Adjutant, vice P. Berm, promoted, Dec. 22. OFFICE OF ORDNANGE, DEC. 22. Royal Regiment of Artillery—Captain and Brevet Major W. E. Lock, to be Lieutenant-Colonel, vice Hanwell, retired on full :pay ; Second Captain J: Hill, to be Captain, vice Lock ; First Lieutenant J. 11. Lefroy to be Second Captain vice Hill; Second Lieutenant R. Phelips, to be First Lieu tenant, vice Lefroy; Dec. 12. Commission by the Lord-Lieutenant of the West Riding a Yorkshire. Sir W. Lawson, Bart, to be Deputy-Lieutenant, Afarcli 7, 1844. Commission by the Lord-Lieutenant of Worcestershire. T. S. Lea, Esq., to be Deputy-Lieutenant, Dec. 1. Commission by the Lord Lieutenant of Cornwall. J. K. Lethbridge, to be Deputy-Lieutenant, Dec. 13. Commissions by the Lord Lieutenant of Norfolk. Joseph Scott, Esq., to be Deputy Lieutenant; Thomas Blake, Esq., L.L.D., to be ditto; John Longe, Esq., to be ditto; Thomas Havers, Esq., to be ditto; Frederick North, Esq., to be ditto; 'William Sancroft Hollins, Esq., to be ditto; William Robert Cann, Esq., to be ditto; Thomas Edward Scott, Esq., to be ditto, Dec. 6, 1845. Commission by the Lord-Lieutenant of Somersetshire. North Somerset Regiment of Yeomanry Cavalry—L. Hel bert, Gent., to be Cornet, vice Maule, promoted, Dec. 17. WHITEHALL DEc. 5. The Lord Chancellor has appointed Thomas Rodham, of Wellington, in the county of Somerset, Gent.. to be a Master Extraordinary in the High Court of Chancery. WHITEHALL, The Lord Chancellor has appointed C. B. Portmore, of Leicester, Gent., to be a Master Extraordinary in the High Court of Chancery. _ - BANKRUPTS. Thomas Winston, merchant, Coptball-buildings, City, to surrender Dec. 30, at half past twelve, and Feb. 6, at two, at the Court of Bankruptcy. Belcher, official assignee ; Crowder and Maynard, Coleman -street. Elizabeth Rolph andThomtut Rolph, builders, Upper Brook street, Grosvenor-square, Dec. 31, at half-past eleven, and Feb. 4, at two, at the Court of Bankruptcy. Bell, official assignee, Coleman-street-buildings ; Huson Ironmonger-lane. Felix Herpent, warehouseman, Sherrard-street, Golden. square, Dec. 31, at two, and Feb. 4, at one, at the Court of Bankruptcy. Johnson, official assignee, Basinghall-street ; Raw, Furnival's-inn, Holborn. Joseph Howard Rand, glass dealer, Westminster-bridge.. road, Jan. 3, at eleven, and Feb. 13, at twelve, at the Court of Bankruptcy. Grean, official assignee, Aldermanbury ; Buchanan, Basinghall-street. James Miller, cordwainer, High-street, Southampton, Jan. 6, and Feb. 3, a t e l even, at t h e Court of Bankru ptcy. Groom, official assignee, Abchurch-lane; Overton and Hughes, Old Jewry. Thomas Brown, shoe/maker, Paddington, Dec. 30, at one, and Feb. 3, at eleven, at the Court of Bankruptcy. Graham, official assignee, Coleman-street; Buchanan, Basinghall. street. THE POST OFFICE. The report of the Postmaster-General, herewith com municated, contains a detailed statement of the opera. tions of his department during the past year. It will be see❑ that the income from postages will fall short of the expenditures for the year between one and two mil lions of dollars. This deficiency has been caused by the reduction of the rates of postage, which was made by the Act of the 3d of March last. No principle has been more generally acquiesced in by the people than that this department should sustain itself by limiting its ex penditures to its income. Congress has never sought to make it a source of revenue for general purposes, except for a short period during the last war with Great Britain, nor should it ever become a charge on the general trea sury. If Congress shall adhere to this principle, as I think they ought, it will be necessary either to curtail the present mail service, so as to reduce the expendi tures, or so to modify the Act of the 3d of March last as to improve its revenue. The extension of the mail service, and the additional facilities which will be de manded by the rapid extension and increase of popula tion on our western frontier, will not admit of such cur tailment as will materially reduce the present expendi tures. In adjustment of the tariff of postages the inte rests of the people demand that the lowest rates be adopted which will produce the necessary revenue to meet the expenditures of the department. I invite the attention of Congress to the suggestions of the Post master-General on the subject, and the belief that such a modification of the late law may be made as will yield sufficient revenue without further calls on the Treasary, and with little change in the present rates of postage. Proper measures have been taken, in pursuance of the Act of 3d of March last, ter the establishment of lines of mail steamers between this and foreign countries. The importance of this service commends itself etrongly to favourable consideration. With the growth of our country, the public business which devolves on the heads of the several executive departments has greatly increased. In some respects the distribution of duties among them seems to be incon gruous, end many of these might be transferred from one to another with advantage to the public interest. A more auspicious time for the consideration of this sub ject by Congress, with a view to system in the organisa tion of the several departments, and a more appropriate division of the public business, will not probably occur, MISCELLANEOUS. The most important duties of the State department re late to our foreign affairs. By the great enlargement of the family of nations, the increase of our commerce, and the corresponding extension of our consular system, the businese of this department has been greatly increased. In its present organisation, many duties of a domestic nature, and consisting of details, are devolved on the Secretary of State, which do not appropriately belong to the foreign department of the Government, and may properly be transferred to some other department. One of these grows out of the present state of the law con cerning the Patent office, which, a few years since, was a subordinate clerkship, but has become a distinct bureau of great importance. With an excellent internal orga nisation it is still connected with the State department. In the transaction of its business, questions of much im portance to inventors, and to the community, frequently arise, which, by existing law; are referred for decision to a board, of which the Secretary of State is a member. These questions arc legal, and the connexion which now exists between the State department and the Patent office may, with great propriety and advantage, be trans fereed to the Attorney-General. In his last annual Message to Congress, Mr. Madison invited attention to a proper provision for the Attor ney General as an "important improvemmt in the exe cutive establishment.' This recommendation was repeated by some of his successors. The official duties of the Attorney-General have been much increased within a few years, and his office has become one of great importance. His duties may be still further increased with advantage to the public interests. As an executive officer his residence and constant attention at the seat of Government are required. Legal questions, involving important principles and large amounts of public money, are constantly referred to him by the President and executive department for his examination and decision. The public business, under his official management before the judiciary has been so augmented by the extension of our territory, and the acts of Con gress authorising suits against the United States for large portions of valuable public lands, as greatly to increase his labours and responsibilities. I, therefore, recommend that the Attorney-General be placed on the same footing with the heads of the other executive departments, with such subordinate officers provided by MEXICO. The arrival of the Sea gives us some additions made to the New Mexican Tariff : Art. 1. All vessels, of whatsoever nature, that shall be on terms of friendship with the Mexican nation, notwith standing no special treaty of commerce shall have been ra tified between them, shall be admitted to all those ports open for foreign commerce. Their captain or supercargo, as well as the munimeut and cargo of said vessel, shall be held subject to the prescribed laws fur the collection of duties, and to all penal ties existing at the time of their arrival, from the very moment of their anchorage in the waters of the port Art. 2. Vessels coming from foreign ports, being other than national vessels, cannot be admitted at any other port save that to which they may be consigned. If they do so (save under the 72d article of this enact ment) the vessel as well as her cargo shall be considered forfeited. All surplusages of cargo over that manifested will be liable to the penalty of the 84th article, being considered in the light of contraband. Art. 3. The following are the ports which are open to the entrance of foreign vessels :—Gulf of Mexico, Sisal, Campeche, Tobasco, Vera :Cruz, Tampico, Matamoras (Matagorda, Velasco, and Galveston, when they shall have returned to the obedient control of the supreme Government. On the Pacific Ocean.—Acapulco, San Blas, and Mazatlan). In the Gulf of California— Guayema and Monterey. Art. 4. In case that any of the above-mentioned ports shall be occupied by forces not in obedience to the su preme Government of Mexico, it shall remain shut, not only to foreign commerce, but also to coasting vessels, under the terms provided by,,the decree of February 22, 1832. HAYTI. By the arrival of the Sea we have news from Hayti to the 18th ult. The news is interesting, particularly at this time, when the recognition of the independence of one of the republics en the island is in contemplation by the United States. - By a proclamation, dated October 5, the Haytian Go vernment calls upon all foreigners residing in the eastern (that is, the Dominican, part of the island), to with draw within a month's tune from that section of the country, under pain of being considered accomplices of the insurgents, and punished as such, should they remain. The Council of State having proceeded to Cape Hay :lea, in order to be able to assist the President with their counsels—that functionary being obliged to absent him self from the seat of Government. The President complain;, — ina proclamation dated November 4, that the Dominicans have been stirred up to rebellion by the enemies of the African race, and are protected by the *me, adding, that they meet with this protection, because, " with retrograde ideas, not withstanding 22 years of confraternity with us, they have again established slavery among them, and hold coloured people in the ' shameful chains of bondage.' " The proclamation coracludes by enacting that every per son who shall speak only words tending to sow division among Haytiens, and to arm the citizens one against the other, shall be arrested, cast into prison, and given up to the tribunals, to be dealt with according to law. Au thority is given, in the same document, to the military commanders of thedespartraents, to see that this order is executed. Hence it xuay be perceived, that the nature of the power of the Haytien President is the same with that of an unlimited &spot, since he can make laws as he pleases, by mere proclamation, and also, that the people are subject to the most complete slavery, since military men may carat them iato prison for whatever, in their judgment, may appe ar to b e t h e " tendency " of their conversation. By another proclantation of a prior date, the cutting of mahogany wood 1.4 forbidden by the President, in order to interrupt all oJmmunication with the ins urgen t s of the east. The cutt ing is required to be suspended within twenty-four hours after the proclamation is issued, which will be published and placarded in all proper places, and any one f5:42 nd engaged in it, whether toaster or labourer, is to be Ira mediately arrested, and " incor porated in the troops af the line." RAILWAY S.)HARE MARKETS LIVERPOOL, Dgc. 22. STOCK EXCPIANGE. — The sales are—Bolton, Wigan, and Sharon, S 3 Dumfries, 10a. dis.—Grand Junction, 23 7—Ditto, Quarter and Canal and Railway 34 T.— Huddersfield and Sheffield, 8 p. 2 / 3 . l) _: — D p it teor,b2rE iagnhdthCSrehwtte'res,l7‘lsl;l4Hiasugd°d"e'r'sfield erpool and Led, Direct, I % — Liverpool, Ormskirk, and Preston, 1 1 4 p.—Lortsloa and Birmingham, Fifth Shares, 20 1 p.—Leeds and Devrabury, 9 p.--11ancliester and Le e d s , Fifth Shares, 10% p.--Midland, 142—Ditto, 40/. Shares, 14 —Mold Junction, 15s. (Vs —North Union (A), 207—Ditto (B), 143—North Stafford shire, 2:!,4, p--Preston and Wyre, New Shares, 3 p.—ShelE old and Manchester, 115—Ditto, Quarter Shares, No. 3 (scrip), 34 P . — South -Eastern and Dover, Consolidated Thirds, Half Shares, los. p.—tint Ridging Union, 4 p. MANC El ESTER, DEC. _22. STOCK Excif.kNcE.—T;he sales are—Camb r id ge and Lin coln, 3 7-16--Cambridge and Oxford, 1--C oventry and s ta h m effi a e n i d d Bo and s togrid,l % re .... , Leicester, I%—Eastern Counties, 19!4.—Ditto, New, 121. 165.—East L ancas hi re , :N o . 2, B%—Exete r and Exmouth, 18s. 6d.—Fle e t woo d, P ress t on , an d West Riding, 2211.—Hud derstield and Sheffield Junction, 16%—Lancashi re and North Yorkshire, 43 s .—Manchttuter and Birmingham, 70i/ 2 — m an _ fi chester and Leeds, Fifth s . 11q—Manchester and Southamp ton 213—Northumberland an d Lancashire, 26s.—North St a f- 9 0 75 x.- -ford, NorthWstern, Southampton,s s,2s.—Nottingham Manchester, 115—South-.Eastern and Dover, No. 2, 9.__ Ditto, Consolidated Thirds, Halves, 3—West Riding Union, 6t 2s.—Whitehaven and Farness, 3s. LEEDS, Dies. 22. STOCK EXCHANGE.—The sales are—Leeds and Bradford, 18—Ditto, Extensions, 48—Leeds and Tbirsk, 9 1 A—N ew _ castle and Berwick, 034—North British, New Carlisle Branch, 2—Oxford, Worcester, and Wolverhampton, IVA—. West Riding Union, 151. —Leicester and Bedford, Is. 6d. p_.... Manchester, Buxton, Matlock, and Midland, 3:is. P.—North Western, 2—South Midlands, 2 1 4 p.—Wakefield and Har rogate, 2s. 6d. p. HULL, DEC. 22. STOCK ExcfrAsroc.--Some of the projected lines have given up part of their deposits ; it is to be hoped others will I do so to as great an amount as ever prudence will admit. Their doing so speedily is of the utmost importance ;vire little that has been done has afforded to many seasonable relief. The 'sales are--Grand Union, 273.—North British (Carlisle), 2—East Lincolnshire 2.—South Midlands, 2 1 4 p. TOME, DEC. 22. STOCK EXCMANGE.—The sales are--York and North Mid land Extension, 25 3 /—Newcastle and Berwick , 11— North British, Dalkeitli, 5 1 / 2 —Ditto, New Carlisle Branch, 2. London and York, 3% a ---Manchester, Buxton, Matlock, and Midland, 31. 19s. 6d. BRISTOL, Dxc. 22. STOCK EXCKANGE.—Zhe sales are—Bristol and Exeter. New, 6%—Birmingham and Gloucester, Quarter Shares, 3074—Caledonian, 12 1 4—Midland, New, 2514. SOCIETY OF AIiTS.--The first meeting of the 92d session was held on Wednesday evening in the large room of the society, in the Adelpba, when the chair was taken by B. Bond Cabbell, Esq. Mr. J. Russell, the secretary, read a report from the counc il on some proposed alterations which it was intend e d t o ma k e i n the future regulation and conduct of the society. These were chiefly in the granting of special premiums f or th e encouragement of a higher degree of genius in even the most familiar and shnple works of productive industry; the augmentati= of the model department; and a more r a p i d communication of the proceedings o f the society. or the former of these objects. several liberal offers had been made by the members, and a confident hope was expressed that the adoption of the prop ose d sugges tions would infuse a fresh spirit into the operations of a society which was the parent of nearly all others, and had expended nearly 100,0001. in the prosecution of its objects. A paper was read from Mr. Bodener on the broad and narrow gauge, and some improve ments connected with steam-engines for locomotive purposes were exhibited to the meeting, which was very numerously attended. CHELSEA, IMPROVENIENTS.—A correspondent of the Builder writes, respecting these improvements, as follows : "My object in writing is, to say there are strange whispers abroad that many of the alterations are projected solely with the view of improving the estate of my Lord Cadogan, and that parish money will actually be spent in doing that which his Lordship should himself do for his own benefit. There are several things which seem to confirm this, and I do tope, for the sake of numbers of the ratepayers who read your now in fluential journal, that you will inquire into this matter. e . O trIT Wbition SUN OFFICE, Stun o'Cloelt. DEBNEY V. BERCONZI. HOW To GET UP A JURY.—On this cause being called on, _ _ Mr. HUMFREY rose and said this was a special jury case, but the jury had only been struck, and not sum moned. He was, therefore, willing to try the case with a common jury. Mr. MARTIN said, at that advanced hour of the day he should certainly object to such a course. The summoning officer intimated, with the view no doubt of saving time, that there was not a common jury present. Mr. HUMFREY said he would get rid of that difficulty by praying a tales, and moving that the Sheriff do mike an immediate return of jurors, Whereupon a long discussion ensued as to the legality of such course, but his Lordship ultimately decided that it was legal, and the sheriffs' representative immediately made up a jury by insisting upon the twelve indi duals in the body of the Court who were nearest to him entering the box, whether it was agreeable to themselves or not. Mr. MARTIN, being still anxious that the case should not be disposed of at that period of the day, offered to ullow the venue to be changed, so that the case might be tried on the first day of next term. Mr. HUNFREY declined to acceed to this without the defendant paid the costs of the day. Mr. MARTIN said he would consent to no such pro posal, but, if the case were proceeded with, he should throw every obstacle in its way, and take every possible objection to the proceedings. In the first place, he would have the jury sworn individually, and he should object to those who were not qualified to serve-. Several of the gentlemen who had been so precipi tately hurried into the box were found not to possess a single qualification for jurymen, and now the Sheriff's representative evinced as much eagerness to drag them out as he had proviously done to push them in, and, H ith unblushing effrontery, told them they ought to have known better than enter the box without any qualifica tions. After a good deal of bustle this courteous func tionary succeeded in scraping together a jury, and the case was opened nearly three-quarters of an hour after it had been first called on. THE ALLEGED MURDERS ON THE HIGH SEAS. COMMITTAL OF CAPTAIN JOHNSTONE. (THIS DAY.) (Continued from our Afternoon Edition.) William Dunn gave evidence to the same effect, that he signed three or four papers, but it was through in timidation. It was after the death of Mars and Reason they were signed, and in consequence of the captain say ing, if they did not, "He would cut their hearts out, and make them sign them with their hearts' blood." Some of the witnesses not being present to complete the foregoing evidence, John Lavis, surgeon of the Westminster House of Cor rection, was called to give evidence as to the state of the crew when the Tory arrived. He said he examined, on the night of the men being committed to prison, Nelson, Gair, and Barton. This was on the evening of the 17th. The others, of which he had the names in a paper before him, he examined next day. The three first men appeared scarcely human, their wounds had not been dressed or washed for several days, their hair was dishevelled, and they ve r y were di rty . B y hi s or d ers they were put into the infirmary. The next morning he nude a particular examination of all the men. The witness then read a paper which he drew up at the time and signed. It stated that Nelson had an incised wound on the scalp, and another on the collar bone and back of the neck. The side of the neck and face was burned and disfigured as if by gunpowder. There were several wounds on other parts of the body. Gair was the worst wounded, having his head scared in seve ral directions with wounds. His face was much dis figured with gurpowder, and he had several wounds on the body. There were about twelve other of the men who were wounded, some of them very extensively, bin the two named were the severest cases. Allison had a severe wound by which his ear was almost separated. The wounds had, however, healed very readily, and might be considered more extensive than sevcre. This was the substance of the written paper. The witness continued, and said he examined the captain after he ivas taken into custody. Witness found a punctured wound on the back of the leg. Since then it had been atteaided with severe erysipelas inflammation. The captain was much depressed when he was taken, and in a bad state of body, which might have been the cause of the inflammation. The prisoner had no symptoms of recent drinking. The wound named was the only one. William Clapp, second surgeon at the Seaman's Hos pital, was next called, and examined respecting Morris, who had been taken into that hospital. He corroborated, as far as that party was concerned, the statement of Mr. Levis. Alexander Sinclair, the carpenter, next called, was examined respecting the origin of the transactions on board the ship and relating to the death of Rambert. The ship was quiet until they passed the Island of As cension, about the 23d of September. They were short of provisions and wate r th e n. The quantity h a d b een limited for six or seven days to a pint of water per man. A gallon a day is reckoned the allowance. Several of , VICE-CHANCERY.-(THIS DAY.) (Before the VICE-CHANCELLOR Of ENGLAND.) His HONOUR heard cause petitions to-day, taking the unopposed first. None of the causes that came before the Court possessed any points of interest except to the parties concerned. HANnATE V. G 4.BCOIGNE. In this petition the arguments were concluded, and His Hosoua gave judgment, giving the parties liberty to file a bill of review on the payment of the costs. The Court rose at three o'clock. His Honour will not sit again till the 12th of January, 1846, the first clay of Hil•:ry Term. The Court sits On that day at Westminster, at ten o'eloAc. EXCHEQUER.—(THIS DAY.) (Sittings at Nisi ?rills in London, before the LORD CHIEF BARON and a special jury.) LANERTE HEATH. This was an action on the case brought to recover hack a sum of money paid in respect of certain shares which subsequently turned out to be fictitious, to which the de fendant had pleaded, denying his liability, and upon this plea issue Ras joined. Mr. Jervis, Mr. M. Chambers, and Mr. Woodstock appeared fin- the plaintiff; and Mr. Martin and Mr. Mills for the defendant. The plaintiff was the well-known dentist, and an ex tensive share speculator, and the defendant a share broker and a member of the Stock Exchange. The ac tion was instituted to recover 432/. 10s., which the plain tiff had paid to the defendant for 280 shares in the Kent ish Coast Railway, but the scrip certificates for which shares subsequently turns d out not to be genuine, It would appear from the evidence, that the Kentish Coast Railway first originated in 1844, with Mr. Curling, a solicitor, who induced Sir John Ayre, Mr. Daniel, the chairman of the Blackwell Rail way Company, and several other gentlemen well known in :he City, and of unimpeachable character, to allow themselves to be published to the world as the provisional committee of the undertaking, and it na .urally ensued 'that the application for allotment of shares in the project were exceedingly numerous. The shares were allotted in due course, but only a few of them were paid upon—indeed, only seine 800/. upon 603 shares—and the result was, that a meeting of the Directors was convened, aid a resolution come to, that the scrip should not be issued ; but, at the re quest of Mr. Curling, the originator of the project the Directors abstained from dissolving the Company, or rather agreed to rest upon their oars till the Board of Trade reported upon the line, the plans having been made and deposited as previously agreed upon, at the expense of Mr. Curling himself. In the meanwhile, however, some of the Directors learned, to their great astonishment, that the scrip of the Company, which ought to have been signed by two of the acting committee, had been issued by Mr. Curling and Mr. Richardson, the secretary, signed only by the latter, and was actually being largely dealt in upon the Stock Ex change. This circumstance, conjointly with an adverse report of the Board of Trade, led to a second meeting of the Directors, and at this meeting it was resolved to repudiate the scrip issued by Mr. Curling, upon which the deposits had been paid directly to the Secretary without passing through the hands of the Company's bankers, to refund the 800/. paid in the usual and proper course upon the 603 shares befere alluded to, and to put an end to the Company altogether. Now, the plaintiff had purchased shares of the defendant in this Kentish Coast Railway, but it afterwards turned out that the scrip certificates delivered by the defendant fbr these shares were portions of those repudiated by the Directors, which, becoming worthless upon the formal dissolution of the Company, the :plaintiff determitsed to bring the present action to recover back the amount he had paid to the defendant for the shares, as money had and received. Mr. MARTIN, in his address to the jury for the de fence said, the case involved a question of considerable importance, which had never yet been before the Courts, namely, what was the extent of responsibility a jobber non the Stock Exchange incurred in selling scrip certificates for railway shares. He apprehended and con tended that he incurred no responsibility at all, because the certificate itself contained no contract, and the broker warranted nothing beyond the signature to the certificate. With respect to the solvency or likeli hood of the scheme being carried out, he had nothing whatever to do, for the purchaser had the same means as the broker himself of ascertaining the prudence or imprudence of a purchase. The question was one of law, send for the Court to decide; but there was a second question in the case, which the jury would have to de cide, namely, had not Mr. Curling, in issuing these cer tificates, acted as the servant of the Directors, and were they not bound by them, and liable to refund the plain tiff the money he had paid for them? The LORD CHIEF BARON, in summing up, said a stock jobber was liable in the same way as other parties who bought and sold. There was no mystery in dealing in shares any more than there was in dealing in cotton. A man bargained to buy cotton, the vendor was bound to deliver the same, and that was the case with shares. For instance, if a man bargained to buy a cask of brandy, which had passed through many hands, and it subsequently turned out to be water, it was no defence to say, " The dock company delivered it as brandy, and you must recover from them." All the cases in the books supported this view, and the only question the jury had to decide was, whether the shares delivered by the defendant to the plaintiff were the shares of the Kentish Coast Railway or not. The jury retired to consider their verdict, and had no come to any decision when our reporter left the Cour Sarah Caroline Fry, stationer, Margate, Dec. 30 and fib 1, at elev e n, a t th e C ourt o f B an k ruptcy. T urqua nd, , cial as. , ..ignee, Old Jewry chambers; Fisher, Verulam-h e ' ings, Gray's Inn. Esther Smith, innkeeper, Southwell, Nottinghams bi l, Jan. 9 and Feb. 2, at eleven, at the Birmingham Dist ri l Court Christie, official assignee, Bsrmingliam ; Shiltoa l6 Son. Nottingham. Clarendon Hyde, apothecary, Loughborough, Leiceste.re; shire, Jan. 5 and 26, at eleven, at the Birmingham kil l ,. Court. Whitmore, official a ss ig nee , Birmingham; ob sant, Loughborough ; and Foulkes, Birmingham. William Brown, ironmonger, Atherstone, Warwickshi.relet Jan. 5 and Jan. 26, at eleven, at the Birmingham DisL, Court. Bittleston, o ffi c i a l ass i gnee, Birmingham ; Birmingham; Chilton and Co., Chancery-lane, London. A John Sier, baker, Cheltenham, Jan. 15, and Feb. 12,_r, eleven, at the Bristol Di s t r i c t C our t. Mill er , Bri 6 " t Oliver aup Co., Moorgate-street, London; Stiles, Cheltenb ral ; George Smith, bill broker, Manchester, Jan. 5 and . 2 8 %1 twelve, at the Manchester Di s t r i c t C ourt . P o tt, offie ls , assignee, Manchester ; Fox, Fi ns b ury - c i rcus , Londe l " Worthington, Earle, and Berry, Manchester. cr Joanna Chatterton, li cense d v i ctua ll er, P en dl e t o n, ri lll shire, Jan. 2, at eleven, a n d Jan. 22. at twelve, at the a,.,. chester District Court. Hobson, official assignee, maticail• ter ; Johnson, Soo, and Weatherall, Temple, London; Hi te cock, Backlev, and This-well, Manchester. William Wingfield, brewer, R o th er h am , Yorkshire, Jay, 8 and 27, at eleven, at the Leeds District Court. l'° un i r: official assignee, Leed s; H u d son, B uc kl ers b ury , Los Robinson, Rotherham; Bond, Lkeds. Joseph Collinson, worsted spinner, All er t on , Yorksh ire , Jan. 8 and 27, at eleven, at th e Leeds District Court. Y° u/i c i. official assignee, Leeds; Scargill, Hatton-court, Thre l d needle-street, London; Dawson, Bradford; Harle, Leeds- I' COURSE OF EXCH. Aimtez.dam CF. 12 9 Ditto, a sight l2 4 RottercUrn 9 U l2 9i Antwerp Ihtmburgh M.B. 13 14i Alton r. iNGE--(TillS DAY-) Gibra1tar............ „, 7$ Leghorn ........ 6 Genoa . ..... •• 26 Milan Venice .... . 40 -" • •.• •• •• Naples Psl6,rnso, per oz ..... 1191 Lisbon 521 Oporto . Rio Janeiro .... Bahia .. ..• Buenos A y,•-s NewYork,2ldyssight Philadelphia PRICES OF BULLION, • •v --ytit y Foreign Geld, bars. .£3 17 6 Portue,-1 Gold Coin 3 IA7 o New I 'oubloons..... 0 0 91 New Dollar. ° Silva:- in Ba-s 0 - Paris, 3 days' sight 25 75 Ditto, 3 isiontlia 26 Marselilles Bourdeaux 26 6 Frankfort on )Maine 123 Petersburgh, 3 Ua.. Berlin — Vienwt, effee. !do. lO 8 Trieste, ditto iadnd 36 Cadiz Bilbao Barcelona Seville - MARKET INTELLIGENCg. (From the London New Price Current of Dec. 2V o t SUGAR.—To-dsy there was an i m p rove d d eman d for o India Muscovado Sugar for th e sca l e an d pun. Merfbsrir displayed firmness, and obtained f u ll ra t es f or all des'' tions. The total purch ases amounte d to 450 M idi bich tierces, including a public s a l e o f 100 hhd s B.arbadoes wa e t fetched the full worth. Th e mar k e t h as d ec id e dly a h i. '" appearance for home trade Sugar. tb REFINED.—To-day refined goods were purchased to caution by the home trade, brown grocry l u mps at 6 _t e cl 63s Gd, and standard lumps 64s to 645 Gd. Bonded c.L 4 Sugar is less wanted, but first quality is not to be pure"'", under 34s per cwt. MAURITIUS.—This afternoon th ere was more desire ° v she 6o to purchase Mauritius S ugar — an d 4 43 bags a f . ; ( 114 fetched full rates ; th a t i s t o say — goo d ye ll ow 525, IniZos 47s 6d, fine brown 465, m iddli ng 42 5, was h e d 4f se to and syrupy 46s to 48s. n. ,411 EAST INDIA.—This aftern o on w hit e an d ye llow o— bot Sugar met with more attention, and fetched full ratestrstej brown was purchased with caution, and rather lower d; were taken. At public sale 3,898 bags were all disP °s 74oe and at auction 1,125 bags were mostly so at the foster ' c olt FOREIGN.—To day 112 cases 2 boxes 1 barrel and 1 ..4 . of damaged Bahia Sugar veers submitted to public eniie tition, and sold is to 2s per cwt under the v aluationsco, brown went at 20, goo d 18 s to 19 s, middling 17s to 1 ;„ t of low 16s to. 16s 6d, very l ow 15 s to 15s 6d, and 0 08 scraping 4s per cwt. whi t° SEEDs. —Hitherto very little has be en d one in either 1/40 or red Cloverseed, spe cu l a t ors h av i ng d eeme d the Pr ve t asked too high, and the consumptive demand havingin 1;0 begun. Canaryseed was again ra th er c h eaper . Linse'' o o 1 been purchased with c au ti on , an d pr i ces have as BB ,.. to bed downward tendency. Rapeseed i s wante d, and ye former rates, the supply being small. Linseed Clu' w heavy of sale and cheaper. boys submitted aftern oon 1174 b ags o f P a d ang Coo° bo ys submitted to public competition, and taken in rather B it hs the value, viz., good or di nary b rown rat h er mixed wt' few blacks at 245, sea damaged first class 218 6d O f 0 0 second, third, and fourth c l ass 18 s to 2 1 s; a few lots of damaged and repacked were, h owever , so ld at 19s 6d e e ' In Ceylon only a li m it e d b us i ness was transac t e d Pr!,rs teiy, un der but good ordinary p a l e na ti ve was not to b e obtained 48s per cwt. 10 01 TEA.—lmporters show fi rmness notw i t h s t a nding the _ e _,„ e stock of Black and Green, and they still refrain from o ns n ni rwy r any at public sale. The quantity taken fur home cl) ek, u aaci tion AUL, less in the past than in the former w i e ace last amounted to 457,8001b5. The quantity arrive 4 e s d forme Tuesday has been trifling. Congou bra sustl nt h a ve rates, and purchases to a fair extent tilt* countryTwana I b n ee P n ouc m ho a n d g e a f b air , bu t s h in e ess t h o as wil been an tr d a is held with firmness, the supply being in want of it. For Hyson prices do not improve, the L tie .'s however been a better demand. In Imperial there halno", more business transacted at about former Pp Of Gunpowder a large quantity has been 801 440: 1 small and not at any improvement in prices. The value o f its and fine scented Orange Pekoe is 2s 8d to 3 9 The accounts come to hand from China state that ill CsV kay, Hyson, Young Hyson, Hyson Skin, Gun Dow det v ett ton) and Imperial (Canton) no transactions have oerllool to warrant quotations; the quality is reported good. Teas of the new crop are arriv i ng, t h ough prices can sc be quoted, as the market is not fairly opened. 11 01 SPICES.—For Nut megs th ere h as b een l ess demand , D ge rather lower rates have been taken privately. Mace is ,g wanted, and former rates cannot be obtained; at aucewi f 6 pkgs were tak en i n at 3s for middling quality. Ginger, not to be had at an y f u rther decline in prices, but there ere few buyers to be met with. Of Batavia Tamarinds 102 _cf.eL:„ were bought in at 8 s f or low qualityr Holders of Black per are less inclined t o rea li se , and refrained from offg r any at auction ; the operations privately having been 7 0 more extended scale, but not at better prices. Whit e s e e been disposed of to a fair extent at 4d to 7d. There are_.te, and full 7 10 .. buyers of Cassia Lignea. Pimento is wanted, are offered, but the market is still seantily supplied. orders namon is held for last quarterly sales' prices, but the have become few for any description. Cloves have been s° la a fair extent. 0 .00 SeiniTs.—For Leeward Island Rum 2s to 2s Id Per %ale are the rates insisted upon for proof, but there has been tau business transacted. Calcutta has been purchased w" ea rs, tion at is 11d to 2s proof with certificate. For D ern . t the former rates are asked, but there are few purchsseli-csa present time. Jamaica has been purchased w' t bo bjess tion by exporters and the home trade, but rice for the most part refuse to reduce their :wa in Brandy several purchases were made, and full ret e a g t 2 8 la Geneva for exportation has been sold to a fair exten t fo - r.t h s l s to 2s 2d for common quality. The value of fin e consumption is 2s 6d to 2s 10d. British Corn S A ri e cen t ' wanted at 108 9d, nett cash. Gin at 9s 3d for 1, P - 0 . 1 110 9s 2d for 22 under proof, and at 12s 9d to 13e 6d Per for Malt Spirit, according to quality. RICE.—To-day Bengal Rice mat with little attentionidspolij 481 bags at auction sold at a further decline in prices 0f d ale cwt, good clean pearly bright white selling at 16s, 111 ,,, d ijeg lot 16s 6d. 41 bags of Java sold at 15s 6d for rni gi " l p ee white rather broken, and first elass, sea damaged, 132 cwt, which is rather cheaper. t the ERUlT.—Although there are sellers of Currants a inn is, moderate rates of 47s to 48s for new Zaute and Ce.pha's"„or -47s to 49s for Patras, and 465. per cwt. for old, still the n r a r chases made have been limited. The market has d u Lliero pearance for all descriptions of Raisins, and there are ' - cl et. upon low terms. Figs move off slowly at 34s to 70s P er ,rs l The stock of Fruit i s unusua ll y large, and there are dei st ships yet to come in. mee° SALlTETEE.—lmporte rs o f R oug h show mere ar hoe and have refrain e d f rom o ff er i ng any at auction ; buy.ereir-teet been more inclined t o operate, and purchases to a fair e-ti made privately, pri nc i pa ll y b y the home trade and at e ~ far rates. For Nitrat e o f S o d a the demand has been only small parcels. st Hors.— Until the return of the year, it is not expee" --- ,, e b tu we shall have much doing in Hops; but we hope t 7 -1 :(1) - - have more activity prevailing. Prices keep tolerably s' e- n ri, On.s.--The business transacted in Cocoa Nut has been a more extended scale privately, but not at better P"dir Rape Seed Oil is wanted, and several parcels have hett4. for posed of at 37s 6d to 38 s f or pale, and at 36s 641 to o, ' tte r brown. Palm has b een so ld to a f a i r extent, but not at bath. prices. Linseed Oil h as b een i n extensive deman d on 0 spot, and advanced rates have been given ; for deliverY year several contracts have been entered into at 25s t° lo lll i per cwt, according t o th e per i o d of delivery. Olive s with firmness, and a good business has been transeei o l In Cod the operations are upon a more extended scale. lot( has been purchased with caution, notwithstanding. the e pt rates that prevail. I n S out h ern purchases to a fair elf;tttle have been made, but no t at b etter prices. Sperm is "' wanted. t he TALLOW.—Russian h as no t b roug h t previous rates, but a demand on the spot h as b een b r i s k . Home made h a s be in excell e nt reques t at 42s 6d per cwt nett cash, but 4 market is better supplied. For ether descriptions the denims has been good privately, and previous rates are sustained* THEATRICALS AT NEW YORK.—.Miss Delc., h ag completed a second engagement at the Park, with the 11 2"" brilliant success. She has appeared in the Bride of Lam' i a moor, the Sonn am b u l a , C enerento l a, and Fra Diarolo • an d fro g the numerous critiques th a t h ave appeared in the leading .i ( V r; nals, has establi s h e d a reputat i on as an actress as i a singer, that has never been equalled since the days of Ina -- bran and Pico. AIONTROSE: DEC. 19.—The Eber, from Quebec, W il k ic , ll stranded in the ent rance o f t h e Ri ver, on the 11th inst., o'" been sold, with her cargo all landed. BIRTIIS. On the 22d inst., in Whitehall-place, the Countess of l'lll - of a son. On the 21st inst., at Grange-terrace, Brompton, Dire• 11. Cook, of a daughter. On the 20th inst., at the Vicarage, Bangor, North Wa le* the lady of Thomas Maude, Esq., of a daughter. On the 22d inst., at Stratford-place, the lady of MI II Wingfield Stratford, Esq., of a daughter. MARRIED. On the 16th inst., at Bandinan House, Perthshire, Ifo r l Smyth Pigott, Esq., of the Royal Scots Greys, to Elizabet lh third daugliter of J. D. Nairne, Esq., of Dunsinane. On the 18th o f N ovem b er, at St. Luke's Church, Wellinf6' ton-square, Canada, Hugh Cossart 13sker, Esq., to Er.lo 4 ' eldest daughter of Henry Wyatt, Esq., late of Long IfittoPf Surrey. DIED. On the 18th inst., at Edinburgh, in the 7 , Gth year or -hi ! age, George M u n ro , l a t e o f C u l rain, in th e county o f N 057 Esq., presumpti ve B aronet o f F owlis, an44:lineal descendant! Lieutenant-General Sir Geor ge M un ' ..o, commander of t'l , forces in Scotland aft er th e restora',ion of King Charles the Second. On the 15th inst., at Brightor Mrs. Frances Martin. On the IGth inst., at Inver.less, George Stockwell, Esq• of On the 19th inst.., in Regent-street, Susanna Snell, wild" John Foreman, Esq., awed 70. On the 19th inst., at Hastings, Harriett Emma, eld est daughter of the late Alderman Venables. cndou : Printed and Published by lIIURDO YOUNG, o f No. 112, St ran d , P r i nter, at The Sun Office, No. 11 ,d" Strand, in the P rec i nct of the Savoy, in the County Middlooexf Liepday o DOCeillber 23, UK& . a ?s:: h"~' y • C el i li . ix In dr ruf .• int ' br • I to. ' ..44t