The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-13


of the week.
Price sxpence copy, and cheap at that
The News from Europe.
The splendid packet ship Liverpool, Captain Ell
bridge. was boarded at sea early yesterday morn
ing by one OF our clippers and her news despatched
oyerlandto the Neo York Herald office. This fine
packet sailed from Liverpool on the 9th ut, and we
have received papers to that date inclusive 1t is al
most unnecessary for US to say that Extra Heralds
were Immediately circulated throughout the city.
After this the Zurich arrived from Havre, with
the same dates from France those brought by the
Liverpool from England.
The intelligence, thus received at this office, Is
not late enough to be of very great importance. 1t
is only interesting exhibiting the desire In England
for peace with the United States, and the earnest
hope expressed by nearly all parties for quiet and
peaceable settlement of the Oregon question. 1t is
thought in England that the influence of MIR. Cal
houn and few others, this side of the Atlantic,
is sufficient to preserve friendly relations between
the two cations. No later intelligence from the
United States than that carried out by the York.
shire, had been received in England, and the tone
of the public mind, in that country, continued.
therefore, in pretty much the state that it was
in when the Cambria and Toronto sailed.
The news in commercial point OF view, has its
importance. The great debate on the new CONNER
cia policy Of Sir Robert Peel, was to begin in Par
,iament the 9th ult, the day the Liverpool left
and its result will, OF course be looked for with no
little interest
We give complete history Of the last Rnglish
aggression in India.
THE Power OF THE GOVERNOR very interest
ing legal question is now in discussion in the Su
preme Court of this State. As this question is OF
general interest, and may affect future action and
decisions in other States we deem it not without Its
use, to call particular attention to it.
1t appears then, that Potter, having been SEN
fenced tor petty larceny, to five years. imprisonment
and hard labor, was pardoned by the Governor,
upon condition that he quilted the United States,
never afterwards to return. The condition, it will
be perceived, was sentence worse than the first
sentence; for that was only five years removal from
society--this was perpetual expatriation 1t may
well be question whether the Governor has any
right whatever pass conditional pardon In fact,
as it is legal maxim, that conditional promise is
no promise at all, SO it would appear by parity of
reasoning, that conditional pardon Is not pardon
at all, but Is rather Communication cfpunshment. If,
then, pardon is given on conditions, the pardon
stands good alone, and the conditions are void, just
the same as if feoffment is granted on impossible
conditions; they are nullity, while the feoffment
itself stands good. This is the first point taken
by tae counsel for Potter.
1t is manifest that if it be conceded that Co
vernon has right to grant conditional pardon,
without any restrictions to the conditions, then,
under color Of this right, he may anogate to him
SELF as he has done in this case, most extraordina-
ny ppwer-no less than that of imposing pains and
penalties, and degrees and kinds of punishment,
which the law does not authorse. Thus in Potter's
case, the condition annexed to the punishment was
perpetual Punishment from the United States. This
is the second point raised by the counsel IN thus
case. 1t cannot, surely, be commended that Cover
nor of the State of New York has the right or the
power to prohibit any one from entering in, and
settling within the State Of Missouri or any other
State. But if Potter had gone off and settled
in Illinois or Missouri, he would have vlolat-
ed the condition Of his pardon; and the counsel
justly contend that the power of our Governor
does not extend over the actions of men in other
States, beyond that State of which he is Governor.
If, them the Governor had not the power to set up
such condition, the condition is void, while the
pardon stands good as if there had been no con-
dtion; for it being void, it is pardon without any
condition.
The only case, we remember, at present analogous
to- this, is that of English law, by which, when
criminal is transported it is upon the quasi condi-
ton, that if he return he will be hanged. Many
have been executed in England for SO returning -
But In all such there is statute expressly In
fctlng the punishment of death on those who shall
return from transportation. Potter has returned
from Punishment, but there is no statute that we
know Of to send him back to jail for this offence
Indeed, there is such offence on the statute book
as that of disobeying Governors condition; and
therefore it is evident there can be no punishment
for an offence which had no existence.
On the whole, the case is highly important and in
teresting both in legal and social point of view.
FOREIGN ARRIvALs-Wlthin the last few DAYS
we have had several arrivals OF packet ships and
transient vessels from Europe, all of them laden
with merchandise tor our enterprising merchants
The wharves present busy and animated scene,
occasioned by the unloading of these vessels, and
the loading of others which are to carry out to
foreign countries provisions of every kind. The
awfully bad condition of the streets is great I'M
pediment to business, and retards Its progress
great deal While the city fathers are engaged DIS
cussng reform, we think it would be advisable in
them to practice little of ii, and ameliorate the
terrible condition which the principal business
streets are now in. 1t is not for want of taxation
that the streets remain in the state they are now,
for no one will accuse the present Corporation of
fastidiousness on that score. The reform Corpora
ton will have enough on hand, when they are
elected.
THE DELEGATES TO THE CONVENTION. several
counties composing The Safe OF New York, will be