The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-29

We're instantly executed by order of a drumheao
court martial As soon as we found that such was
not Inc Case, that there no overt aci-no DISC
Dedence OF orders-merely a supposed conspiracy
IN Greek letters we began 10 doubt the legality,
the necessity of the whole proceeding-but we have
expressed no harsh judgment against Commander
| Mckenzie, preiernng to wait for full development
OF the facts, and then 10 give our opnen on known
4: data.
Most happy shall we feel if this Enquiry result in
| triumphant acouittal of all the officers. In the
| meantime, we may show that we are not alone in
thissate OF doubt and difficulty. We find the fol-
lowing in the last Evening Journal" of Albany,
which justifes every idea have published on the
subject -
From the Albany Evening Journa
Correspondence of tSs Evening J our !; ,o,,
In hssy from New York stated that the news
paper accounts ofthe somers tragedy grossly mac
curate That which appeared Monday in the Courier
and Enquirer is however, much nearer the truth. But
even that account is exaggerated.
Captain Mckenzie has communicated to the
Navy Department all the testimony upon which he acted
or his case will be found far weaker than is anticipated
There Is nothing yet communicated TO justify the extreme
measure to which that officer resorted. The trial (such
as it was) of Spencer Cromwell and Small of
sitv irregular and the testimony very The letters
Of MIS- Spencer to her son. found in his runk) reproving
and admonishng him, copied and sent to the Navy
Department This strikes me as highly improper There
ara other facts and circumstances calculated 10 raise
doubts whether necessity for these mems execution
sted My object however is only to saw that there is
nothing before the public upon which safe opinion can
be based.
Such is our opinion also-and such we believe is
the opinion OF that portion of the newspaper press
that have taken manly and candid view OF the
whole affair Most sincerely and deeply do we wish
that Commander Mckenzie and his officers may
come out OF this investigation untouched unscahed.
He has heretofore borne high character a Off
Ger, gentleman, man of action, and man of let
ters but If every man in this community, who Will
not coincide in the bitter opinions of such advocates
as the "Courler and Enquirer" before he as
certain the facts, is to be whipped" with "cow.
hides" out of the country, suspect that the price
of that article will rise rapidly in value and that the
population of New York will be rapidly thinned of
before such an idea is fully whipped" into them
The awful execution on board the Semers, the
circumstances of that tragedy, and the legality and
necessity of such act, within few days sail of
the United States, cannot be passed over without
the most rigid scrutiny. The affair has created
deep and terrible excite ment among the friends of
the living and of the dead-as we'll as the public at
large. We partake of none of these feelings on
either side-none of those feelings that may
spring from consequently or acquanance-we can
Judge of the affair simply and purely as question of
law, right, and justice, in which the character of
the navy and the nation is equally interested. This
we shall do, unawed by threats or abuse, or mean
nsinuations from any quarter, and least of ALL from
the direction of Wall street
THE BANKRUPT LAw-CURIoUs DISCLOSURES
IN BANKRUPTCY IN ENeLAND.-We finish to-day the
curious disclosures in the bankrupt case of Lord
Huningtower, in London.
These Disclosures a L. obi
OF vew-lst. They Indicate the decentralization and
meanness of the higher circles in England: I'd The
gross corruption in their elections and political con
tests; 3D. The good effect of wel-regulaed bank
rupt law, when perfect publicity is given by the |
newspapers ofevery fact and every circumstance in |
their examination. In this latter point the Court |
of Bankruptcy in England declare that the publicity
given 10 the of Lord Huntng,ower would pro
ducc benefiat effect and "read instruct &c lesson
TO the community" This is the opinion of OF the
highest courts in England on the newspaper reports
Of bankrupt If such effects are produced in
England, and such opinions are entertained how |
much more ought TO be so in this happy republican
land of equal rights and privileges, where neither |
monarch nor arstocracy exists.
With these views we shall continue our reports
of the cases in bankruptcy, and afterwards publish
them in pamphlet form, of the most useful
and important publications that can be made to the
whole community. They will tend in some mea
sure to enghten public opinion on the baneful oper
alton of the credit system, and the misery that spec
uation in society, and the general operation
of the present law on morals and industry.
With regard to its repeal, SO far can Judge,
from Investigations, are against fotalrepeoi
ofths present la,cit ought TO be much amended, so
as TO prerent rogues from concealing conveying
a,oay their propeyty-but il should not be repealed
unquafedly. Banks and corporations of all kinds
should be included in its operations and such law
would have more effect in preserving a sound cur
rency than all the national banks, exchequers, or
sub-treasuries ever devised by philosophers states
men, charlatans, or parvenues A bankrupt law,
equally preserving the rights of the creditor and
debtor and spreading all classes of individuals
whether corporate, company, single persons,
would give, not only good currency, but good ha
bits of business, and tend to ultimate integrity, and
prosperity in all the circles of society.
We have much further information on this SUBJ
ect which we shall take occasion to touch upon on
another occasion.
Theatrical, sc.
The PARK.-There was very good house last
night Mr.. Williams benef, did not take place, as
was inadvertently stated, last Tuesday. II Is TO be
given this night; and as the beneficiary is a unver
Sal favorite, an overlooking house may be expected
The bill of fare is very attractive.
CHATHAM THEATRE.-Mr. Forrest drew another
densey crowded house last evening. 1t truly
gratifying to witness the splendid array of beauty
which graced the dress circle, enraptured with his
soul-stirring performance of Rchelieu He appears
tonight In his original and celebrated character Of
Spartacus, in the tragedy Of the ''Gadiator." This
is one of his most effective characters, in which
the most touching and feeling passages Of the
play, and the fire and impetuosity Of the in
censed Gladiator, in beautiful con
| trast, and are given with Mr.. Forests peculiar