The New York Herald (New York [N.Y.])
January 30, 1842

Page 1

THI V?l.ru^lo 310 -WlMU I*. IN4 NKW YOU* AMD NKWAiUl. rare rcUucctl u at cenu. Wrom tha foot of Courtlaadt atraat, Naw York. Laa^^r8^''^^.^. fit A. M. At P.M. At A.B4. AtU PJt j- i to at do fi a. a. ON SUNDAYS. From the fcot of Liberty fbwt ^jrsRajnSh. ?^ajjsrfriA Ay^T^JJj^MinWT Alft from the foot of Liberty etreet .daily. Le?ye New York. Leave New Bnmawick. At A. M. At T| A. M. 41 P. M. P. M. BOMERVILLK itue* eonnect with the ?e line* each war. J are between New York and Bqmerville, MeenU. Do a* NdW Bnmawick, Tl uoti. Bah way, McenU. Klizahethtowm, M ceoU. The tare m the 7f A. M. train from New Bnmawick, and 4| f M. train from New York, ha* been reduced between New York and New Bnmawick to SO cent*. and Kahway to I7| The Philadelphia maillme pawca through New Bruaawiekfet New York erery eremiw at* o'clock. On Sunday* thn 71 AM. trip from New Bnmawick i* emitPaaaenger* wtu* procure their ticket* at the tieketofflce.reoeire a ferry ticketgrati*. Ticketaare reeeired by thecooductor note on the day when mirehaaed. nil THE EASTERN DIVISION OK THE NEW YORK AND ERIE RAILROAD. *33 SOSLSBttSBfi. JEBXll tTy"pt. J C. Allaire, will commence running on Saturday, Sept 93th, as follows:?leave Fntton Market slip. East River, every *atarday at IS o'clock A.M., Tuesday, Wednesday, and Friday, at 8 o'clock AM. Returning, leaves Red Bank every Monday morning; i\t 10 o'clock A M Tuesday, Wednesday, and Friday, at half-past H o'clock P.M. The boat will run an above until furtJier notice, navigation nnd weather permitting. o4(m* RED BUULlNb T?? ALBAN ou ths J East side of the river, having better stages J*** TTT *lwl teams?asking no higher lire.?Office, Bowardh Hotel. ITS Broaowar Passengrra will be forward ec by ntage to Albany l y in nor irom any |>oiui on ine r.ui mdeef the riut where tne lx> >U may be compelled by ice to top. Agent* will be on board each of the mail boata to girt tatistacee unl mforraaUoii. This line eatendi to Montreal, touching at Albany, (office under the Muarnm) anil embrace* a eery direct and coinmodioua route (hither. The etagei ana horeea of ti,ia line will be found really the be*l on the Albany route,and no deception. The itricteal attention will be paid to the comfort, conre ieuee and ape*d of all who may girt ua the preference. When t le river ihall be ahut up enli'elv, lied bird I aril! run all throjgh from New York ctty to Albany. 8. HOLT, ?t. M.a BAXTER.? J. V BAKER. Proprietor. If FALL ARRAS!.tSft^T^POUOiilthEl hlE AND ,euara The faet tailing ateamboat OSEOLA,Cap-iSHi.t. Retain Verdwe Trueadalc,for the remainder of jjBSjCUJmlthe aeaaoo will leave the ateamboat pier, foot of Chamber! afreet, every Toeaday, Thuriday and Saturday aftertax) ne, at 1 o'clock?landing, up and down, at Caldwell's, Weal Point, Cold Hyioc. Cornwall, Fiahkill Land roc. New Hamburg, and Milton. Returdlug, leave* Po^naeepeteev*.. Monday, Wednetday and Friday morning, at 7 o'clock Alter the let ol November, the Oaeola will leave Poughkrri?te at "I"00? ,u U,e morntng. For jM**agr. apply to the Captain, on board, or to D. RANDOLPH MARTIN, 111 Went ?t STATKN ISLAND FKiUU. of atrecttflS^j^I Tfc^teamer 8TATEN ISLANDER Leave StaUn ialund Leavea Whitehall At 8 o'clock a.m. At o'clock a.m. -,0 -11 M P.M. s r. M. U nl I, a J1 H M 4 I On Sunday there will be two boata Id Kir. The laat boat lotve? Stalrn lal.uxl at o'clock, r. M. oa f.TDWELL k CO.>8 LINK. f*OR NEWBUROH, landing at CALD B^MS>WiXL'8, WEST POINTAND COLD ML .M WL.MPRINl will eailtmm Liverpool every en daye throughout the year mtt. Thankful fur the I brral patronage they have hitherto received. the enberribere hop' hy their continuing to fi'dl promptly, tad with ntiefhetion. nil their ei gagemeuta. and hy the eateni live arvaogemei. te lh?y haen made in their nuvineei, to retaiu that popoUr^ar ihev S.re hitherto m j fed Peiinoe lending fur their Iriende may lely that (he line a.ten'too will be paid to the c.,mfurt of paaeiugera which hae iuI variably bern extended to all wh ee paaaagei have been engeged at thie oflice, and in all ruee when thou aent for dediee i eo ning. the paeeage money willbf r funded to the partie* who paid it here, without any deduelir.n Thoae wMhingto tend money to Ihcie Iriende. can be eap plied wilh draft* at tight. p?yab c demand, in all the princinot luwaaol the United K iOi:ie, and at the fellowicg eaahe. In England?Mmrti Jamea Bull, Son It Co., Bank era, London; Eichilip'and leeount Bank, Liverpool. In Ireland?The Natiuual and Provincial Bank* and lo'scotland? The Bar.k of Scotland and Braarhee. 1 he (vbacribem have alio a regular aoeeraalnn of Bret rlaav pei ke'e. tailing to London three timet every month.to Liverpool five timre, o New Orl"ol packete are? The Soeciue. ollma, The bh-nda... Depeyater, Hiddnaa. 'obb. Uarvtck. Skiddy. TV United Lint of Liverpool Parkrti aie? Th? Koeheater, Woodhouae, Tne Weaicheater, Kerne. Scotland, ilohiaann, Terolinta, Smith, Southerner,Pa mer. llibei ma. Wilaon, public. Thompeon, Carroll of CarroUton, rnella. French, Hudeon. P'ge Ht-aketiere, Miner, Great Britain. Prnnt, Memi-hia Vainhi' -k'? 5'" TXk-Nl,,n- Pan hi*. Ooodiawiaou, |j Talba?,9tcrey. Brooklyn. Riehardaot, |J Hmi. Willard I' N aroiiQB. Lrunmond. N. Uiddle, Trurmnn, I ^*oc*^'55. Lyon. Kutaw,Korkell. Ihe a bore ?hi|n arc fun wall known to require cmnm-nt. ?*kustenberalruet that eiti their toptriir tmw^nnili for tlw accoMniateoaofpereooe wi.hio* to eeiwt for their Wend' "u to r? mit th'in moMf. thwc about making j, aotljjriiwnti u?|| not fall Uokwrte the adveutagea til?o. for which ample ftoree, including wine,Ike. will be proridrd. Theee ahipe are commanded by experienced maatem, who will makeeTtry exertion to iji re general satisfaction. Neither the captains or ownera ofthear ahipa will be responei Ma for any letters, parcels or packagrasent by them, unlese re gular bills of lading are signed therefor. The ahipa of thisliue wiU hereafter go armed, and their peculiar construction gives them security notpoaecaeed by any other but Teasels of war. flo. M Sou that..New York, or tn WM. k JAS. BROWN k CO., Lirerpool. Letter* by the packets will be charged IS) cents per aingls sheet: SO rents peronnce. and newspaper* 1 cent eaah. oM NEwTOItK AND LI VEnPOOL COMMERCIAL LINE or PACKETS. iHt M. i$k Ml SaTlTnTVo AND FhOU LIVERPOOL WEEKLY. OLD ESTABLISHED fASSAUE OFFICE, No (I South street. New York. rpHF. auhaeriber.in ami mnring bi? arrangements fort tie year A into, appears before his friends with sentiments of sincere rrspeci for the able support ha ha* receieed for many years postHe likewise wishes to call the attention of thoa^ intending to send for tbei? friends in England, Ireland, Seeaknod. ana Wales, that they can at all time* be accommodated by this line, by weekly opportunities from Liverpool, aa well as by all the well known ditf JSgMyr I TT^Tiblcriber* beg leave to retur^thetr thank^fonhe pn tronage you have hitherto extended towards the Star Line, and solicit acentmu^aou ofaportiou of your freight to New Ori il:_ i:.,? ...l;_i. ..Til w. ,.i ?i .l 1 IC1X1I, 1U lilt* liuc. wuitu w in wc uiicu st tun ?ei j IU n cai inn". in the following ships, which will succeed each other and sail weekly SOLON, Captain Qeo.Buckraan, RUSSEL GLOVER, Captain JabexHowei, ECHO, Cstpta n A. a. Wood, WINDSOR CASTLE, Captain 8. G.Glover, and other ahine of the nme clua.to -ollow each other in quick suceeanen. For further particulare, apply on board at Fine itreet wharf,or to OLOVER k McMURRAY. >14 100 Pine it. cor. South. REMITTANCES TO AND PASSAGE FROM GREAT BRITAIN AND IRELAND, BY THE >mmOLD LINE riVRRrOOLTACKETS Persona wishing to eeud to the old country for their friends, can make the necessary arrangements rith the subscribers, end hare them come out in this superior line of packets, sailing [rem Liverpool on the 7th and 1 llh of every month. They will also have a first rate class of American transient ships sailing Cery siilh d;m that port. One of the firm. Mr. Jam s D. Roc be. is there and will remain -luring the year IMS,' see that all the persons ethose passages have been piid keie are forwarded with care and despatch. Should the parties agreed for not come out the money will ba returned to thoee who paid it here without any deduction. The ships comprising this line are: The Oxford. The new york, CAMBRIDGE. columbus. europe. south AMERICA, ENGLAND u north AMERICA Drafts at sight. for any amount, on the Royal Bank of Ira land, and on Prescott, Grote, Ames k Co., Bankers, Loudon, which will be paid on demand, free of discount, in all the principal towns of the United Kingdom. Apply, if by letter, post paid, to ROCHE, brothers CO.. jto l? Fultonst..nc?t door to the Fulton Bank. n. y. FOR NEW ORLEANS LOUISIANA AND NEW YORK LINE OF PACKETS M. m For the better accommodation of shippers, it ia intended to despatch a whip from this port on the l?t, 6th, 10th. 15th, 90ffh M m m. T^JkND FROMT1TF. ABOVE rf)RTS WEEKLY. Peraons sending lor their fiends residing in Great Britain and Ireland, can hay; mem brought out with despatch per the akoTeiine on Vary moderate terras. Agents of the first resportability have lately bern engaged to we that the eraigaant is forwarded without delay, and small drifts given in theirfavor promptly paid. Orkers from all parts of the country will be promptly attended to, and such attention will be given to all branches of the business as to guarantee the father patronage of those who who will favor the undersigned With their orders and in all cas-s where the passengers do p.6t embark the passes money will be refunded to those persons from whom it was re eei ved. In dditlon to drafts giten on eur numerous agents through out the different parts of England. Ireland and Scotland, wno give every facility to the emigrant whose passage may been IV-U Uf M> nere, mry c.in lie lumn U *1 li uraile, Urge or email amount*, pay able at eight, u followa Armagh Uungannon Mallon Baiubndgc Londonderry Moraglian Ball in* Dowuput rick Money inor* Bsllv-mena Duiieurrin Oinagb Bandoo Kntiie rainonetown Baity ehanuon Km.iekillen Hirabnn SrHaet Oalway Bltgo Clonmeinel Kilkenny TraJrr Cork K i I rnali Watrrford Cat an Limerick Wexford Colerain Lurgin Youchal Calnl. On the National Bunk ami it* branched-* Athlnne Knnia New Roe* Bkllinaaloo Kunincorthy Newry Bally** Krrntoy Rnecrea Boyle Oalway Rooeonnnoa Carrickoiwtiir Kilkenny Sfigo Ctonmrll KilUrner Tallow Caeliel Killnieh I'raUe Cork Kantbra "lTiurlre Oaetleree Luneriel Tnam* hernroon Lnughrel JHPIW*T CHarlenllo Longford WaierfoTg Droelarda Moati Weaford Dunkirk Mitehelrtown JT'VW? D?n|pir ftn Nfunph CooUnill F or fnr'>yer pa rtk uteri, apply (ifbj letter. Met paid,) to a* JOHN HKRUMAn. ?t Houthat.

QLro!MTAB'4.\Bn*?DfABSA(>K flt'lflO^Ti^eaktn, yeeond rahi .rot ateernfe pi**e:'0a Liverpool, particularly *a afnrU ol the br.t rv. jf ctabil 11j I are now fng it'd tbcre, ?h" ran be office pwyable throughout tTin lotted Kin* dom. Application# from pereona reeidtn* m iheeoonlry .poet paid, will b- promptly "t'raded to, ami i.iaataa froan lfew vneh to Liverpool ?ao nin. beMgngedI ten u.mm* yj.kle ?oitth tt.mw feor eaat of l^Jlirt. w ro W YORK, SUNDAY MOB Albany. |Cotrc?p?ndcuce of the Herald.] Albany, Thursday, Jan. 23, 1842Anolher unprofitable day in both housed, an far an the interests of the people are concerned. In the Senate, another wrangling debate in relation to the expunging of the Governor's Messages from the journals of the Senate, in which every thing was talked of except the matter before them, occupied the greater part of the day. In the Assembly, the committee had the bill to incorporate the village of Chittenango again under consideration, but rose after a protracted discussion, without having accomplished any thing- The debate was of the same character as that on the same subject for the two last days. There were no new facts elicited?no new arguments adduced?it was but a repetition of what had been said before. The New York delegation are pertinacious in insisting upon the adoption of their views and amendments in the matter, and there is equal pertinacity evinced in opposition to them. There has been too much time wasted on this petty matter?it has been debated enough, in all conscience, already and if those members who are desirous to arrive at? decision in the premises, would only oonirol the cacoe4kt* loquendi, which ulliicls so many of them to such a melancholy extent, this point would be speedily reached. Not satisfied with the bill itself, a point of order was raised during the discussion to-day, the debating of which occupied an hour or more, when the origtnater of the debate withdrew his motion, without question being taken. One word ia relation to Mr. Urowwsok, who has presided as chairman over the deliberations of the committee in this matter. By his equanimity of temper, his keen perceptions, and dignified manner, he has won golden opinions from the House, and is one of the best qualified for chairman of any members that have been selected as yet. A message was received from the Governor, trans iniiuug [cBuiuiiuws uu"fi ca uy me uegmaiure 01 Georgia, denouncing the measures of the extra session of Congross generally. Mr- Grant introduced a bill relative to the inspection of hides and sole leatherMr. Looms gave notice of an intention to introduce a bill protecting the rights of individuals in their relations to corpora'tons. Petitions continue to pour in front all quarters of the Slate, praying for local and general reform, and the vaiious committees of the Legislature wilt soon have as much business before them as they can at' tend tc. Major DavtzAc's resolutions in relation to General Jackson still slumber on the table. What has choked the Major off 1 The Legislature of Ohio have stolen a march on him, and passed resolves of similar character. It cannot be that they are suffered to sleep Inm any fear of rejection by the House, for the feeling seems to be almost unanimous in favor of their adoption. No backing otf, Major, you know. The Senate has been the centre of attraction this week, owing to the peculiar nature of the debates that have amen there. It has been the scene of a disgraceful partizan warfare?a gladiatorial arena in which politicians have measured' r strength the exclusion of all consideration public in rests. The controversy now going ween the Governor and the Senate, is both id .J toolish, a waste of the public time, in a matt i which the people have no earthly interest 01 ling and if the democratic Senate mean to cu it their pro,fessions in favor of short sessions, reui diluent and reform, they must desist from such a course of legislation as has characterized their proceedings for the last week. So with the Assembly?the same disregard to their professions as the Senate. As the period upon which the elections for State officers are lobe made approaches, the machinations ana intrigues 01 tne mends ol the ditlerenl candidates increase, and the lobby members are unusually busy and active. Bui, leaving politics and politicians, and turning to the city and citizens, I must declare that Albany is certainly the moat musical city in ilie United States. In no place are the churches furnished with more talented choirs; concerts are given every evening? sometimes two or three; and in every s hool the teaching of vocal music is one of the principal exer cises. it Mr. Braham's conceit, en Monday even iitg, over six hundred persons were assembled, and he is advertised to sing again this evening, at the Female Academy, whenne will no daubt have a crowded house. Albany has undergone a great change during the last ten years The people nave become mote moral?more intellectual?lander ol church?tonder of refined amusements, dec., than they were previous to that period. There are now some three new churches in course of erection? the old ones thronged every Sabbath?some four or five literary associations in a nourishing condition? a well-regulated amphitheatre and museum, nightly filled, besides balls and parties wiihout number. It is fast losing all its Dutch characteristics, and the manners and'customs of the time of gable ends, like the antique edifices themselves, are rapidly passing away, and soon will only be traditionary m the memories of our citizens. The Yankees have triumphed; railroads and steamboats haVe been too much for the Dutch; the very language is forgotten, and to bear it now in its purity a visii to the llelderburgh is indispensable. Cave Ulciscar. City Intelligence Case or Boyce, the Resurrection Carman This man was examined yesterday before Justice Palmer, of the Upper Police. Several witnesses wore heard, and among them the grave digger of Potters Field, named John Bernhardt. He stated that it was a very common practice to find bodies missing at the Field, and when so the coffins were burned up at the keepen houee- The coffins containing the three dead bodies that were found on Boyd's cart, were burned up at Schuyler's dwelling. He is thesuperintendantof the burying ground, appointed by the Common Council, at per annum, to keep faithful supervision of the pluce of deposite for poor persons. No additional evidence was presented of any interest, and Boyce was admitted to bail in the sum of $500. A l>*?prhate Boboi.ar AitResTr.ri?A few daja since, Mrs Jane Chrystie, wife of David Chrystie, wh:> resides in the 9:h avenue, neat 37th s'.teet, left her dwelling, for a short time, after locking the front door with a padlock. In the course of a few hours she returned and found a man, whose name is since ascertained to be David Boyd, who has resided at the corner of fi:h avenue and 2D;h street, in the act of robbing the house. _ T 'pon her entry, he threatened to cut ner throat with a razor, he had in his hand, if she gavp an alarm and in her flight, he escapedAfterwards she found he had taken a calicoe purse containing #'J0, 'hat had been enclosed in a linen stocking. Officer Ililliker was despatched in pursuit of the rogue and caught him on Friday night, and locked him up for trial. Yesterday he denied all knowledge of the robbery. Robbiso a Baio.?A young rogue, named Alexander Young, aged about 17 years, was caught by Reuben Freet^.'/, mate oi the btig Wisconsin, lying at the foo? of Rutgers street, on Friday night, while In the act of carrying off a large ?*vice, as Vice Presidents- On the removal of ihe cloth, the President introduced (he intellectual part of the repast by aa appropriate address, and the hilarity was much enhat 'ed by a a volunteer band, who discoursed many RNCA?exi: (whose notes are always above par) favored the company with some specimens of ok vocal power. foil* Mohjisok, Sacretary. 8tatibahi> Toasts. il. The Day?It will aye ha remembered in the calender'' of the admirera of nature, the patriot and the philanth rapist Original Song?By John Graham. t. The Memory ol Robert Burn*? When yearly ye assemble a', One rouu.l, I ask it with atear, To him, the tBard that's far awa*. Original Soug? By a "lassie frae the land o'caket.." S. Burna' Native Land? A nation, fanied for aong and boautips' eharrni, ,/ealoua, yet inodeat?innocent, though free, Patient ol toil,serene ami 1 alarms, Indexible in faith,invincible in anna." Original Hong ?By James Shea. A The United States?Hhe,is destined to strike the ekmns of antique! d ignorance and oppreasien from the free minds oi her sous and daughters, as the Lion II,.. A?... .1 ?..r f,?_. ki- 1 MSoflg?Be hallowed, Columbia 6. Education, Industry,anJ Competence?A holy trinity? may ita pretence be manliest in every domestic circle throughout the world. Song?Weel may the Boatie Row. 6. Peace?May the war-fpirit which ii ever urging mankind to auapeud the operations of civilization, common sense and humanity, t>e exorcised to the bottom of the red sea of human gore which it has shed, so that it may no longer walk the earth, to "fiight|mankind from their propriety." Song?The hour of retribution's nigh. 7. The memories ol the late departed votaries of the sister arts? poetry, painting, ana sculpture?Motherwell, Wilkie, and ChantrySong?Oft at the Stilly Night. 8. The Living Bards?May their harps alwaya be awakened to the tones of freedom and philanthropy, auu great accessions be made to their rank*. Song?The Minatrel Boy. 9. Charles Dickens, the Hogarth of British Literature His wi itings are pictures of the heart, inipired by nature, an.1 illustrated by genius. His fearless severity of truth is asserted the virtues of humble life, unmasked tin- ga l* re, Burn*. That thou hast lafl unstrung? Or, who again can wake the strain Through Saotia'a hills that rung? Bloom, bio ?m unsung my countr)** flowers! Be mute her Lyre's sweet strain Tor none can touch the chords like him Who ne'er can sing again. OaiAi.teL 9o*(. bv Jomss UasMssa. To the Memorv or Bdhss. (*Alr?Bonnie Wood o' Craigit Lea.) Still blooms the bower, and still ia bright The heavenly dream of youthful hours, But yet while shines its sui.uy light, And smiles the hoauty ot its flowers, Will sorrow cast a shade of gloom That dims the bright, the glowing beam, Vtut every scene anu an ine mourn Thet gild the fair, enchanting dream' Kor Scotia saw h?r Bard depart, Who sketched w ith more than magic power, The tender story of the heart, And all the charms that grace the bower: And every feeling of the breast, So true?so nicely could he scan, Has not his mighty genius traced Almost the very ton! of man 7 On Ragle wing his fancy tlev, And with a kindred S'.,ior strong. I Life's varied scene well he drew, Is pictured en ?u glow ing song. O then, liVuientiog Scetia smile, Kor s'^,,1 hn thnliing numbers An.i dry the tear, sweet MaJJ of Ky Vhy wreath blooms on his memory's brow H can Tims* ?A l"t of readv-made coffin* aad enoting-boards were disposed of yesterday at auction to satisfy a dMrnint for rent. The former brought fifteen eaet* a piece, and the latter one eent. It ie a strange world thia that we live in Ba/itmort I'mt 'vol era: 42. U Ckaiiri i'}, Before the Assistant Vira Chancellor. Valentine Mott J?uir? A. Houston January 14th, 16th, and iTth, 1H41. Mr. David (jiihih. for complainant. 1 Mr SnaawoOD, for defendant. The Assistant Vita Cmaccillcih.?The hill in thia came was presented to me as injunction muster, and 1 allowed the writ on condition that the complainant should give the defendant an opportunity of having the matter promptly heard, that it might he dissolved if the convpkunant appeared not entitled to it. It has new heen fnllv .r-rn...! hv counsel It is in effect amotion liv con iiit for a continuance of the injunction. The Bill state* the appointment of the complainant a* a prdfussor of surgery in the University of the city of New York, the object being the iusttuction of students and others who shamid enter and pay the fees, in that branch of science, by a course of lectures. That intending to deliver the lectures extemporaneously, and being desirous of having them preserved verbatim for my own use, with a view to correction asnl publication by him, he negotiated with the defendant, and at>out the 3d of November, in the your 1841, they agreed upon a certain article, of memorandum of agreement as follows. soncwrsT Houston, M. D-, agrees to furnish to Valentine Mott, M. 1)., a verbatim and exact report of each lecture on the operations of Surgery, with surgical and pathaiogical anatomy, as delivered by the aforesaid Dr. Mott, during the session of Lectures at the University of New York, 1841?'4:1 The report of each lecture, fairly written out on-alternate pages, to be handed to Dr. Mott one week after it is delivered, and said report to be approved of by Dr Mott; and theaforesaid.Dr. Hoc ston guarantees to Dr. Moo r that no capy other than that given to Dr. Mott, shall be furnished or published by Dr. Hoi'ston, and Dr.-Koi'sTON is to receive for the performance ol the above, the sum of twenty five dollars, to be paid weekly to him by Or. Mott." It is stated that this memorandum was signed by the complainant, but not by the defendant, because of an annlicstionior a larger oampensatien, which, after a little hesitation, was assented to. It is expressly alledgrd, that the defendant assented to the stipulations and agreements expressedin the paper. The delivery of a certain number of lectures is stated, and a receipt of in full for eleven manuscripts is set forth, signed by the defendant. It is then oharged that the defendant had published in a neriodicalcalled the Lajtckt, edited by him, a brief analysis of the first Lecture, a full, and in most instances, a verbatim atatement of the second Lecture, and the fourth Lecture iufull. The complement then addressed a note to the defendant, insisting that he should not publish any more of the lectures adverting to the contract, and to the defendant's knowledge of his own inventions to publish. The bill also charges the announcement of an intention to continue the publication of the lectures. It seeks an injunction against this, the delivery of the reports according to the contract, and general relief. The ajhudavit of the defendant as to the alledged agreement, is this?That he has a vague recollection of a meaaorandum in writing being handed to him, which ho declined signing and returned, and he cannot state the contents or substance, the only part which impressed itself on his memory was as to the price, which not being approved,it was banded back without examining with attention the otht r paits, if any there vr ere, of such memorandum. He is unable to state whether the instrument set forth in the bill is a copy or not. It proceeds?" This defendant never intended to agree, never did agree, not to avail himself of the notes he should take of such lectures," but the agreement was that this deponent should deliver a copy ol each lecture to the complainant for five dollars. Upon aquestiou of the continuance or disposition of an injunction, the positive and material allegations of the hill must he distinctly met by affidavit or answer. The Court is bound to reconcile statements, if upon a just construction it is practicable,especially where the result mast b? peijury in the one or the other party. Ifthisotfidavit means that the defendant never agreed that no copy should be furnished or published, other than that given to Dr. Mott, then the statements are in irreconcilable hostility. The complainant expressly swears that the conditions expressed in the paper were agreed to, and were the terma of the arrangement. The defendant, instead of meeting this, explicitly, uses the vague assertion that he did not agree not to avail hirateff of tbe notes. He could have availed himself of them forprirate use.or perhaps for private diffusion by loaning. This would fall short of so availing himself as to furnish them for publication and for profit. The neaiest approach to an express denial,is the last clause above quoted. Here again the defendant has not stated that thia was the whale of the sgret moot. Above all, he has not here,or any wherv, distinctly denied the important restriction upon publication, awoin to by the complainant. If this was an answer, no one could hesitate in holding it open to an exception as insufficient. There is another part of the bill of no alight importance. It charges the defendant, pretends that he had asked permission of the complainant to publish an analysis of the lectures, and that it was given. In answer to which the complainant says, that he assented to the publication of an analysis of a portion of them provided that it should be first submitted to him. and his assent te such publication, from timeto time obtained. In his affidavit ik, k,r l v? ,..?l,..? ?r iuc UCICIIU.III 7 'I "1" I analysis and publishing entire portions of the lectures and which seemed to meat the approbation ot the complainant, until the remarks were made as to the fourth lecture. The whole of the allegation that the assent was given upon condition of a prior submission of the article, and particular consent in each instance, is not touched tspon. 1 conclude that the allegation of the bill res pectinr an express agreement, prohibiting a publication of the lectures, are not repelled, and must be assumed to be true. But the case may be also examined in the aspect most favorable to the defendant, vix. on the supposition that no more it established of agreement than this?an employment by a professional lecturer of a person to tuke down his oral lectures for a compensation, to deliver a report of them to the locturer, he intenJing, and the person employed knowing such intention, to publish thoso lectures. 1 shall uot enter into those subtleties respecting the nature of literary property, whioh, in the case ol Mm.km and Tsvlob, exercised the metaphysical acuteneas of able judge*. The plain inquiry is?when do the emanation* of a man's intellect, the fruits of his powers of reasoning acting upon his stores of kuowledge, assume that form iu'whwb sttQh a right to their, arises as a court of j'^*'4e can recognise and aot upon I aniwer that no rue A right, capable of bring pro! tried by a court, can eaitt, until the language in which thmr thought! are rxprttud is reduced to form in writing or printing. To discuss the point whether the ideas of the mind, and the sounds through which they reach tho bearer's understanding, are the objects of property, appears to me I tL ?iiuoti#?n is nn* tuViol ia ...?h r.Miwrfr JI I Tlill. lllGijUGIMVili?M?( mtav Mm luvu or a right in it. in the acceptation of philosophy, but it il, whan does ft become property in that sense, when a court of justice can act upon it. It can only be when reduced to form in writing or in print. Then, ant net until then, de the thought! of the mind, the breathing! of tha imagina'ion, the creation! of intellect come forth in bodily preience. They dwell before, for a moment, on the tremulous ware ol the air that communicate! them, and afterward! in the aecret chamber of the brain. Then they acquire a tangible ahape, a diatiuguiihable existence. A right then attache! to them. But to what? To the paper, ssy one claaa of lawyers;? to the Heal, lay another. It if, in truth, to the ideas, because ou the paper; to the paper, because containing the ideas. The peculiar property which then acquires existence cannot have being without both. But it is nut necessary, in order to gire birth to this right, that the author must himself present the ideas in writing or in print. He is no lest the author anl do less the owner of a manuscript beaausc another is employed to write it, than it done by himself. Tha slave* trained by JtHieut to make copies of the works of others or his own, for his private use, or to sell to Cicero, were no more the authors of the works, or owners ol thecopics, than thestyleathey employed in the writing I will refer to a few authorities upon this point before proceeding to its consequences. The definition of copy right, shows it to be true. It is said to be the ownership or right of possession to which an author is entitled in the copy or original manuscript of his literary works, comprising the exclusivc right of printing. Now, here Ihe phrase "eopy'^s used iu the identicalsenso in which printers at this day employ it,viz "the original,the arcnety pe from which any thing is Copied LOrd MaasriCLU, in MiUtr v*. Taylor,says, Il has all along been explicitly admitted (he is shaking of admission* by Judges and counsel) thit by the common law an author is entitled to the copy of his own work until it has beeu once printed and published by his authority; and that the four cases in chancery cite t for that purpose, are agreeable to the common law, and the relief was praperly given in consequence of the legal r'?W- A.I IkW 'Mr. Justice Yates in hia celebrated opmi"". the learning of the lawyer, the kill the dialectition, and the polUh of the acholar, thus evpre.a. a himself lo all Ibeae caaei," speaking of the case* in Chancery, the publication! were aerreptitiou# agulnat the will of the owner j before he bad consented to the public*, tion. Moat certainly the .ole proprietor of any copy may determine whether he will print or not If any person take it to the pr??? without his consent, be la certainIr a trespasser, though became by it by legal meana, aa by a loan, for he tranagreaaea the bound! of hit ,rAgain be aaya Aa every author or proprietor of a mauuacript, baa a right to determine whether he will pubiiah or not, he haa a right to the flrst publication and whoever deprives him of that priority, ia guilty ot a maniii at wronr, and the court haa a right to *lop|it." This ii from the groat champion of the unlimited right of the pnblic to a booh, when once printed and published by Ita author, Juatico McLean alao in Wheat on case |(tt Peteia, a,"That an author at common law haa a property p. nia manuacri|itr, ami may obtain redicai against any one who deprive* him of it, by improperly obtaining a sopy, and endeavoring to realire a profit by ita ptiblica lion,cannot be doubted." An injnnctioti." aa>* Chan :ellor Kent, "to restrain the publication of unpublished manuscripts has been (rtosition was intended. The injunction was dissolved of course, (vol 9, p. 359 There is from this no reason to suppose any change in Lord Edon'a views. it may be remarked upon thia subject of au implied contract, that the ordinary rule of law create* it only where the party i* under aome legal liability to pay a debt, or perform a duty, but without an express stipulation that it i* entirely in the power of every Lecturer to make it part of the condition of admifiion to hia lectured, that note* ahall not be printed or circulated for proAt This is strongly put by Lord F.ldon. Again, the implied contract must nere-seurily result from the relation of the parties. The Lecturer undoubtedly published his lectures, to a certain exteut, when lie utters them. In the absence of authority, it might well be questioned whether, when thare is u'ol even an announcement of an intent to publish, an implied contract necessarily arises. Suppose au author publishes without resorting to the act ot Congress to protect him his right, it ia admitted, is gone?the whole property is given to the public. The limited publication in the lecture room, in the notes of students, without stipulation or restriction, may, perhaps, be equivalent. The decision of Lord Kidon is too late to be of binding authority. But admitting it at ol controling force, the question of jurisdiction remains. By the act of Congress of 1*90, any person who should print or publish any manuscript without the consent of theauthor or owner,was made liable to aniictlonon the case. This provision was enacted by the State ot New York in the year 1788, in the same language. It was in the statute of Aiine, and was an adoption into a statute of the English common law doctrine. The set of Congress of Feb. 3,1831, s. 9, provides that any person who shall print or putdish any manuscript whatever, w ithout the consent oi the author or legal proprietor first obtained, as aforesaid,if such author or proprieter be a citizen of the L'nitel States, or resident therein, shall be UaMr to sulfer or pay to the author or proprietor, all damage* occasioned by such injury, to be rtcovered by a special action on the case, founded upon tbia act, in any court having cognizance thereof; and the reveral courts ot the United States empowered to grant injunction to prevent the violation of the lights of author* and inventors, were theieby empowered to grant injunctions in the like manner, according to the principles of equity, to restrain inch publication of any manuscript as aforesaid And by the act ol Iblh Ketiruaiy, 1819, ch 4 3d. it ia provided that the Circuit Courta oi the United States shall have original cognizance as well in equity a* at law, of all actions, suits, controversies, and cast s arising under 8UV luwofthe United States emetine nr ennfiite ing to author* or inventor* to the exclusive light to theirespective writing*, invetitioni, anil diicoveiies. And upon any hill in equity, tiled by any patty aggrieved in any such case, ihall have authority to grant mjunstions according totheaonrae and principle of equity to prevent the violation of right* of my author* or inventor* secured to them by any law* of the United State*. Thus Congress hat fully exercised it* power under the Constitution,to promote science and the arts. it baa in fact superseded State legislation on the subject. Whether it has not superseded the power of the States so to legislate has been disputed?(If lohn Rep. 64(7?Story on the Constitution, 60?'J 1 Kent's Commentaries, 'W9 At any rate there has been no attempt of the kiod in our State up^nthispirlicQiai suhj*-et. The material qsestlon under theae acts of Oongre?n aiises, whether th?t Jurisdiction of the case is not perfect in the United State* Courts, and if so whether it la not exclusively there. Now the breach of trust and violation of properly was not in taking down the words of the lecturer. That was provided fur by the contract itself. And by the contract as the bill states it, or the other view suggested, there was a positive right to the manusctipt in Doctor Mutt an exclusive right to it for the purposes of publication for profit; a qualified right in the defendant to uae it for his own intruction, possibly to communicate it to others for perusal certainly not to print or publish it. If this is so, the complainant was in truth the aMthor of the manuscript, though manually written by another. If this could admit of doubt, yet unquestionably he was the I'gal proprietor, so far as any printing or publishing it, whether lor profit or not, was concerned. And then ?uch printing or publishing is plainly within the ninth section of the act of 1131, and the remedy by action or Injunction may be had unde arate the question of property from the quesion of trust. On the right ol p operty, exclusive or quslifi spiii g ngf om express Mipulation, i r gal im plication, it entirely turns. The doatrine ol breach of trust in relation to tho subject without connection with the right of property, I do not understand and know not how to apply. When Lord Northlngton granted the injunction to atay the publication of Lord clarendon's History, where it had been loane t to make a cony and use it, the rignt of property was absolute. a:id lie observed it could not be pie turned he meant to give the privilege of multiplying it In print. (2, Kden, I'M It follows that upon the ground of belief taken in the |till, there 11 jurisdiction in the Courts of the Unite I State#, and in my opinion that jurisdiction is exclusive. It is of consequence also, upon this point, to recollect that it is the decisien of the House of Lords that the Stature of Ann, had superceded the common law right. The States have yieldedto Congress the power to pass law for the protection of authors, in order that such law? may be uniform and efficient throughout the whole country. If such n law has been passed meeting the given case and acting ti|>on it. It must, I should with de frrence think, ?U|>ercede all State Legislation, but cer* tainly would supercede common law remedies. Then the present is a rate arising under the law a and ennstition of the United States, and then the reasoning of the Court ill Maihn vs Hunter (I Wheaton, 5HT, and Cohen* vs. f'irgmiti, H Wheaton, 413) appears strongly to sustain the esclusiveneaa of the jurisdiction It seems to be the true conclusion that the judicial power conferr^ Ttpoii Congress, under this clause of the CongUtttUoc. as to esses arising under it, and undTlug the jurisdiction It is no slight sanction of 'his construction that there is not, I believe, t trace of a suit entertained in a State Court directly upon this subject since the act of Congress. Indirectly, cog nuance has been taken of the validity of a paten*. This was done in Attnrrii vs J?ir?tt, (1 page 134) beingabi'.* to ileiiver up a not* anrt nfmmMit on th?- anleofan.i. rhino alleilned to haeebmtti patented, t>ut diticreut (10m throne actually patented. It l?, hewerer,to be noticed. Mint the ChlUf lhr aay* there i* nothing in the act n' kehruaty, t?l?. which, either in term* or by fi'Cr??ary implication, render* the juriadictien e.scluaire. t'ndet the judiciary act, when Itte Intended to glee exrlnait* )iiri>diotion, it ta no Mated einmnly And in Sir Wi re Harg'aa, (J Day, IM,) a <peetion M to a copy right col Laterally aroae In Panent T?. Bernard, (7 Johti R?-|

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