The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-25

The Mr. KENzIE CAsK.-Captains Read and Gwinn
have filed two papers in the Philadelphia Court Of
Common Pleas, expressing their for eclinng
TO testify respecting " that vote" by which Com.
Mckenzie was technically absolved by The Court
Martial. They refuse, the first place, on account
OF the obligation Of oath taken by them, when
sworn In members of the Court Martial. This
oath is in the following ,erms:-
al do affirm that will truly try without pre-.
JUDGE or partay the depending, ding 10
the evidence which shall come before the Court the rules
for the OF the Navy, and my conscience;
and that will by any divuee disc the
sentence oil the Court until shall have been approved
by the proper authority, will any time dvulge or
disclose the vote or opinion OF any particular member OF
the Court unless required to do before Court CT JUS
tice in due form Of law"
The gallant officers contend, in the second.
place, that the uniform policy of the military law
forbds them to answer; and in the last Place. they
urge that they are entitled to judicial decision
Of the doubts which have arisen in their minds
relative to the obligation CT their oath-before they
can be called on TO answer
There can be no doubt but that this matter will
yetbe probed to the bottom. The proceedings have
not yet terminated, and in due time the public
must come to learn all the facts, without disguise,
and without any room being lett for speculation or
doubt. Again we say, then, let US have the facts
REPoRTING.-As another evidence of the incapa-
city of the Fourier concern, called the Tribune, to
report snything correctly, we give the following b,
of evidence from the "Madisonian' of Tuesday,
To THE EDITOR OF THE MApYsvIAN:-
SR-I observe in the speech OF Mr. Webster at Balti
more on Thursday last reported by the Tribune
republshed in the M0disonian of yesterday among
reported as having said that Bremen vessels have the
privilege of taking products from port port of the
United States beginning At the passamaquoddy and erm
mating at the Sabine, If they choose" This is not the
fact nor was it SO stated by Mr. Webster, and the mis-
take although committed by the reporter should be
rected.
Any conversant with the regulations of CON-
merce must he aware that the privilege Of the casting
trade Chat OF carrying domestic produce or foreign
produce once anded) between home ports, all
cprocy treaties, reserved by each Of the contracting
parties to their own vessels solely The remark OF Mr.
Webster thus nisinierpreted. was in substance, that
Bremen vessels allowed the range of fifteen hum
dred miles of coast and the choice the various markets
from the Passamaquoddy to the Sabine wherein to dis
charge their cargoes of fore ign products to load for
any part of the world while the only equivalent for this
oeray secured oy treaty 49, that vessels OF the United
Hanseatic portsBremen and Hamburg-there being lit
tie or commerce between the third city Lubec) and
the United States.
am authorized to add that the only complete report
of this important speech taken by celebrated seno
Saturday O. M.
May 2S1 ls43.
DETENTION TIKI AMERICAN BRIG JOHN r.
GARDNER BY THE FRENCH BRIG OF WAR EURYALE.-
Capt. Robson, from Belize, Hon., reports, " My
vessel was boarded by lieutenant from the man OF
war, who came in search of two OF his men, who
had deserted. After informing the Lieutenant
that the men were not on board, and as we were
passing under the stern of the Euryale," we were
ordered to heave to we did not comply, the
crew of the boat along side ordered on board
IA men ia ALTO brace back the mainyard. I'm
medately ordered the pilot to bring the brig to an
anchor, and went ashore 10 protest against such
proceeding from friendly power. This affair hap
pened at noon, May 7th, and created delay OF
twentyfour hours in the voyage The Captain OF the
Euryale expressed his regret tor what had &C.
cured in presence OF the Governor, and hoped it
would not be considered an insult to the American
flag. The Governor handed me a letter to that
effect"
REPORT OF THE CAPTURE OF THE U. s BRIG Boxer,
Com BuLLus, BY PlRArE-Cap. Smith, of the
schr. Harriet Smith, arrived yesterday from Ha-
vana reports the 18th inst he boarded by the
keeper OF Double Head Shot Keys, who stated that
the wreckers the coast had picked up several wa
ter casks and other articles belonging to the Bcxer
he also reported that an engagement had taken
place between the Boxer, and piratcal vessel, be-
tween Cape Antonio and Mobile, in the Bay of
Mexico The report we give we received it, be.
lieving II 10 be without foundation.
NmLo's THEATRE.-Although tie weather, on
Tuesday night. was inclement, and very unp!ea-
SAINT shower OF rain came on Just alter the doors
opened, yet there was a fashionable attendance
at this popular place of amusement, to witness the
second representation of the Memoirs of the Deri
The performers appeared to play with more spirit if
possible, than on the preceding evening, and we no.
ticed one or two judicious curtailmens OF the da-
logue in the second and third acts, which, without
dcractng from the interest OF the plot, tended to
bring the various incidents with more rapidity be-
fore the eyes Of the audience.
At the fall of the curtain, the repetition of the
drama appeared TO be demanded by the manifesto
tons OF interest, delight and applause which ema-
mated from all parts of the house, but TO our sur
prise tie dircctear announced a new vaudeville, en-
tllled "Moiroud ct Compaguie," to be followed by
a comic opera, called "La Terruche, on lie Porteur
d'eau"
MApEMoIsELLE CALvE, OF THE FRENCH OPERA
The young, beautiful prima donna of the Opera, Paris,
is engaged for few nights andswil appear in her
original character of LAmbassadrice tomorrow
night She is ossinl's last pupil, and is celebrated
in Paris for carrying off the prizes at the annual con-
tests Of the Conservative. Her grade, by com.
parison with other singers that have appeared in this
country, would be second, conceding the first to
Mali5ran and Mrs. Wood, besides being Tone
of the mos, lovely females that ever appeared on any
stage She has, as Rossni calls it, ga flute voice."
and carries charm throughout her singing by her
unequaled STYLE voice, and execution and no doubt
will meet with the success such beauty and talent
deserve. Every plsc. will be filed in the theatre
tomorrow night. The Ambassadrice is to be
hearsed tonisht. The libretto is published by
Berteau, 3l5 Broadway.