The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-01

much adroitness ~ to begin to warrant the belief |
that the cases win never in fact be heard. How |
happens thiss
steller, who was recently arrested for counter
fciing half dollars in Philadelphia, was yesterday
convicted.
The business OF the Court of Oyer and Termiuer
has been unusually and painfully heavy this month
There have been four convictions for murder. VIII
Hsr johnson was yesterday found guilty Of the
urarder of Baxter, the Waterman on board the
ship Thomae Watson, Of whi,h Nicholas hewlett
and william Saul had boon previously convicted.
Thus three separate juries passed upon the crime,
and three young men, whose ages range from Is to
%, have been condemned for the henous offence Of
murder. The term Of this court ends on Saturday,
which day 10 less than six human beings viii be
brought up for sentence Of DEATH namely, Hewlett,
Saul and johnson, for the murder of Baxter; Doyle
for the murder of his lsndlady, by cutting her
throat with razor; and Clark and Sullivan for re
sentence, Clark for the murder of Gillespie the po
liceman, and Sullivan for the murder of Smith,
WAC interfered between him and his wife in do
nestic broil. This will, indeed, be tragic scene,
"a sorry sight," which, we trust, viii never az ain
fall to our lot to record.
! From report in another column, it will be seen
that the land reform party is again rearing it's head
and has made complete organisation with the view
of successfully sgitating the question of eesoism
Last evening, at the stuyvesant Institute, Miss
Bacon delivered the preliminary lesson Of her course
| of historical instruction. She contended that
history was like drama, and that no part of it
could be understood without the whole. She traces
man back to period when he only brute,
(perhaps inanimate matter,) from which state he
advanced by degrees till at length he assumed the
image OF God
The Hon. Horace nj ann deliverd lecture yester-
day evening at the Brooklyn Institute, on Woman.
| EThe annexed is brief summary of the contents
of our inside pages-Letters from Paris, Quebec,
Jamaica, Mexico, Corcord, N. H., and Boston
| News from Brazil and Venezuela Interesting from
Lake Superior; Operation Of the Encountered
Estates Bill in Ireland Commercial, Theatrical,
Local, Marine and Naval Intelligence, sc.
The Position of the Government In the Cres-
cent City Difficulty.
DESTROYS of placing the administration rectus in
c,aia in regard to the Crescent City controversy,
we have procured, and herein give place to, state
mept, from a reliable source at Washington, of the
exact position of the government in the premises
In this statement, the facts in the case, and the
grounds of justification for the course pursued by
TIE President are detailed as follows
In the first place, by act of Congress three vessels
of the claw line' are placed under the control Of
the Navy Department-the Ohio, Georgia and I'LL
nois. These vessels are each commanded by q lieu
tenant of the navy, and three midshipmen are also
appointed to act officers The officers detailed on
this service considered active duty just as
much as if they were on board men ofwar. They
must report to the Navy Department in the same
manner other officers of the navy on aosive SER
| vice.
When the difficulty arose concerning Smith, the
Secretary of the Navy sent for Lieutenant Porter
and asked him why he had transferred himself and
his officers from the Georgia. "a vessel under the con-
troll of the department, and tEwhch he had been as
signed without orders from the department. And
ne was further informed that whilst he was on the
Crescent City, or anv otha- vs.s.i georgia,
he was liable to be arrested for being absent from
his duty without leave-a most serious offence
Leat Porter replied that he ordered to the Cres-
cant City by Mr.. Law; but, at once acknowledging
theustice ofthe Secretary position, he expressedhis
wish Immediately to rectify his by going back
to the Georgia Being officer, active service not
on leave of absence, he had no right to absen. him
| elf from the vessel, or take command of another
without permission of the Navy department
Lieut. Porter, having thus resumed the position to
which the department bad originally assigned him,
commander Of the Georgia, Passed Midshipman
Davenport, Of the Navy. was appointed by the Law
company captain of the Crescent City. Passed Mid
shipman Davenport's position differed from that of
Lieut.. Porter in this respects Porter, as before
stated, was ordered to the Georgia by the depart
ment, and was on active service. Mr.. Davenport
on the contrary, come months ago, had applied for
and obtained leave of absence from the department.
SO as TO enable him to enter the merchant service
lie was, therefore, commanding the Crescent City,
not as an officer Of the navy, like Porter, but as a
private individual, being on leave of absence The
department. bad no official knowledge as to what he
was doing, and he at liberty to follow what oc
cupation he pleased, durirg his leave of absence
lie was asked to give the Captain of the Port of Ha
vsna certified copy Of Mr. Smiths affidavit; but he
refused to do so, permit Mr. Smith to do SO either
When the government found that Mr. ID ivenport
had taken advantage of his leave Of absence to as
sumo the command Of the Crescent City after Porter
had withdrawn from it, it was determined to stop
his leave and order him to sea; it not being deemed
proper that the government should be, as it were
set at defiance by its own officers, and the question
having been narrowed down to Smiths being re-
taired Or lot, point whi;h the government m
ceded the Captain General had the power to insist
uon in the absepce Of orders to the contrary from
the Spanish government. An order was accordingly
made out, directing Mr. Davenport upon his arrival
forthwith to report himself on board the Macsdonia
for duty
When the Crescent City reached New York it was
found, that in addition to Davenport's having com
manded that vessel, and refused to allow Smiths
deposition to be delivered to the Cuban au.
thorites, he had addressed letter to Drake s.
Co, stating that Smith would continue on
the vessei come what might; and this letter was
signed not merely as captain Of the vessel but also
GU N" But, as he was not in command of
the vessel by virtue of his being Passed Mdship.
man in the navy, and he was in fact for The in
term unattached TO the navy and in the enjoy