The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-12

grass TO grow the streets of her great CONNER
Cia marts, have robbed her of the richest colonies
ever shone on by the sun in its whole career-hed
up her numerous seaports with sediment, rubbish,
and decaying wharves, rotted her navies, lined her
borders with armies of brgand snuggers, and rum
ed almost the whole of her vast internal trade ana
manufactures quite efectualy as her foreign
commerce The only striking exception to all TINS
in her possessions. is Cuba, and that still ilusra
tive of the principle, by being indebted tor Its great
prosperity and exports to the opposite policy oil low
duties and free lngress and egress to all natens IN
stead of the exclusion OF all formerly INDUCED In by
Spain. BY returning ourselves to the prohbiery scale
of duties disturb the natural employment OF both
capital and labor at home. We seek to give more
encouragement to II In one branch OF business than
another We destroy the use of much OF the ton
mage of this counryn the foreign trade, by deprlv,
ing it Of freghs We crush all of the industry and
funds devoted to large branch of ship building -
We provoke retaations from abroad. We lessen
the meansof maritime defence. For it is commerce
that supports navigation and navy, rather than the
reverse. In fine we retard and impede-lf not
destroy our attainment OF those high commercial and
naval destinies, which have just been within our
grasp as the second power in the world on the
ocean. We ALLEVIATE large classes and sections OF
the country by this favOrltsm on the one hand and
oppression on the other. Yes, we throw again an
apple OF dscord among the sister States of the I'm
ion. And all for what 4? To yield high protec..
ton to one branch OF industry, no more depressed
than Others, and no more entitled, as well as no
more important than ohsrs-to manufacture a
few more yards of calico here rather than buy them
cheaper elsewhere or to raise few more pounds
OF sugar in Louisiana rather than In Cuba Or Brazil,
where the cane ripens two thirds larger, and the
article can be made cheaper in similar proportion.
This system OF legislation is as much al war with
the principles OF common sense and common econo-
N.Y. it is OF free trade, and of constitutional ad-
herence to system of equal rights-equal legisla-
ton, and equal protection all so indispensable to
the prosperity of the whole, and the preservation of
the essence as well as form OF Republican govern
ment
THE MILLER CAsE.-Justice Stevens, yesterday
afternoon, delivered the following opinion relative
to the charge against CHARLES F. MILLER for alb
Quoting his own wife -
Police ofice.-ln the matter Of Charles F. Miller
-" Charles F. Miller is accused of having kidnap-
ped and forclbly brought Martha E. Miller into the
city of New York against her will. The testimony
is very voluminous and much of it contradictory,
but it appears that in November last in consequence
of certain complaints made to the proper authorities
in Westminster county, Judge Ruggles, the circuit
Judge of the second circuit lin this State, ordered
"That Charles F. Miller be held to bail with two
sureties, In large amount, to be of good behavior
to the people OF this State and particularly to his wife
Martha E. Miller, not to interfere with or modest
her, she being under the protection of the law, until
further order of that court in the premises" II
this order is supposed not to agree with the rules OF
equity, or that it is illegal, this is not the place to
circumstances, Martha E. Miller being under the
protection of the law, and living separately and
apart from her husband, was to him as stranger.
The question then arises, Did Charles F. Miller, un.
lawfully and forcibly seize Martha E. Miller, and
bring her against her will into this city and county,
&c. &c. Here it is proper 10 remark, that the
statute is perfectly SILENT as it respects the place
against his will forcbly seized and taken FROM but
it perfectly plain that one shall not be unawfully
and against his will forcibly seized and brought in
to any county Of this State, under the penalty, &c.
&c, 2 r. S $50.
tits proven, and also confessed by Charles F. Mil
Ter, in his examination, that he fercibly brought
Martha E. Miller into this city and county against
her will and carried her into the house of his father,
in the same manner. There is in the testimony al
SO, sufficient probable cause to believe that she was
taken out Of this State against her will.
Under these circumstances, unpleasant as the
case may be, feel compelled to decide, that
Charles F. Miller be held to bail, or remain in Gus
tody, TO answer the charge preferred agans; him.
New YORK, March llth, l843.
f. STEVENS,
Special Justice. -
The bail previously entered was received as sure
ty for his appearance to answer.