The New York Herald Newspaper, May 20, 1852, Page 3

INTERESTING OPERATIC SUIT. . Weer ‘The Case of Lumley, of the Italian Opera ainst Madame Wagner siBreath of Contraet—Carious develepe- ments. Court or CHanosry, i Lonpow, April 23, 1802. Benjamin Lumley, Plaincif; Johanna, Wagner » Plaintef; nna filter Wag aden gner, and Frederick Gye, fe ir. Bacon, Q. G., moved, on the part of the plaintift, for an injunction to restrain the defendants from violating or committing any breach of the last ar- ticle of an ment entered into with him in the month of November last, @hat the dofendant, ; Jahanna Wagner, might be restrained, in pursuance of that ment, from performing at the Opera House, Covent Garden, or at any other theatro, without the permission of tho plifutiff ; that Albert Wagner might in like manner be restrained from permitting or sanctioning Johanna Wagner from singing and performing as aforesaid; and that tho defendant, Frederick Gye, might be restrained from accepting the professional services of the defendant, Johanna Wagner, at that or any other theatre, ‘during the period of her engagement with the plaintiff, without the plaintifi’s permission. Tho application was grounded on tho facts stated in the plaintiff's bill, and in tho affidavits made in support of it. It ared from the affidavit of the plain- tiff that in the year 1450 negotiations were opened between Dr. Bacher, of Vienua, and himself, to effect an engagement with the defendant, Johanna Wag- ner, to sing at Her esty’s Theatre, Haymarket; that in the month of November, 1851, an engage- ment was concluded between him and Dr. Bachor, aa the agent of the defendants, Johanna Wagner and Albert Wagner, for the appoarance of the de- fondant, Johanna, at plaintii’s theatre. Tho agree- ment was reduced to writing, and was brought to tim at Paris by Dr. Bacher. The following is a of that agreement :— |, Mr. Benjamin Eee: roprietor of her Majesty’s theatre at London, and the Opera it Paris, Or the one part. and Mdile. Johanna Wagner, eantatrice of the court of his majesty the King of Prus- aia, with the consent of her fathe A. Wagner, rosid- dng at Berlin, of the other part. have concerted and con- eluded the following contract :—First—Malle. Johanna ‘Wagner binds herself to sing for three months at the theatre of Mr. Lumley. her Majesty’s theatre, at London, to date from the 1st of April, 1 (the time necessary for the journey comprized therein,) and to give the parts following —1. Romeo (Montecchi); 2. Fides (Prophéte); 3. Valentine 5 Huguenots); 4, Anna (Don Juan); 5. Alice Robert le Diable); 6. An o » chosen by common ac- cord. —The three first parts must necessarily be—1. Romeo; 2. Fides; 3. Valentine; their parts once pung, and thon only she will appear, if Mr. Lumley de sires it, im the three other operas mentioned aforesaid Thirdly—These six parts belong exclusively to Mdle. Wi and any other cantatrice shall not presume to sing them during the three month® of her engagement. af Mr. Lumley appens to be prevented, by any cause whatever, from giving thoxe operas, he is held, neverthe- lose, to pay Madlle. J. Wagner the salary ‘stipulated lower down for the number of her parts, if she had sung thom. Fourthly—In the case when Malle. ‘Wagner should be prevented, by reason of illness, from Ringing in the course of a mouth, as often as it has heen stipulated, Mr. Lumley is bound to pa} e salary only for the part sung | Fifthly—Madlle. Johanna ‘Wagner binds herself to sing twice a week during the run of the three months ; however, if she herself is hin- dered from singing twice in any week whatever, she will have the right to give, at a later period, the omitted re- presentation. Sixthly—If Mille. Wagner, fulfilling the wishes of the direction. consent to sing more than twice a week in the three months, this last will give to Mdlle. “Wagner £50 sterling for each representation extra. S venthly—Mr. Lumley engages to pay Malle. Wagner a salary of £400 sterling per month. and payment will take place in such manner that she will receive £100 sterling each week. Kighthly—Mr. Lumley will pay by letters of exchange to Malle. Wagner, at Berlin, on the 15th of ‘March, 1852, the sum of £300 sterling, a sum which will be deducted from her engagement in his retaining £100 each month, Ninthly—in all cases, except that where a verified illness would place upon her a hindrance, if Malle, Wagner ehall not arrive in London eight days after that from whence dates her engagement, Mr. Lumley will have the right to regard the non-appearance as a rupture of the contract, and will be able to demand an indemnification. Tenthly—In the case where Mr. Lum- dey should .cede his enterprise to another, he has the right to transfer this contract to his successor, andin that case Mdilc. Wagner has the same obligations, and the vame rights:towards the last, as towards Mr. Lumle; Joanna WaGyer. Berlin, Nov. 9, 1851. Avpert Wacner. On perusing that agreement, defendant objected that it did not oentain a usual and necessary clause to prevent the defendant Johanna from exercising her professional abilities in England during her en- agement with him, without his consent; whereupon bis Bacher assented, on the part of the defendants, Johanne and Albert Wagner, to the introduction of the clause, and such agreement was handed over to laintiff by Dr. Basher, as the agent of tho said de- ndants, on,plaintiff’s signing and handing to him another part thereof i pects to the one signed by and on behalf of the defendants. Th affidavit further stated that Dr. Bacher havin, formed the plaintiff that defendant, Johanna ner, wished to have the time for her arrival in Lon- don extended from the Ist to the 15th or 16th of April, the plaintiff gave his consent; and Dr. Bachor infermed the plaintiff that he had written to the de- fendant, Johanna, at Berlin, on the 10th of March last, to the-effect that he had in his hands the sum of £300, stipulated by plaintiff to be paid to said defendant; that he was ready to pay thé same to de- fendant, and begged to know where he should meet her to pay her the same, and accompany her to Lon- -don, as had been previously arranged. The dofend- ant stated te Dr. Bacher, in reply, that she would ‘be at Schwerin up to the 28th of March; that during Passion Week she would be at Hamburg, and that on the Monday er Tuesday afterwards she would be ready to start to London, to fulfil her engagement with plaintiff. The affidavit further stated that plaintiff was informed by Dr. Bacher that he wrote to defendant, Johanna, on the 2d of April, stating that he would arrive in Hamburg during Passion ‘Week, to aceompany her to London; that he arrived there on the 10th day of April, and having called on the defendants, Johanna and Albert Wagner, they for the first time informed him that they had signed an agreement with the defendant, Frederick Gye, the director of of the Royal Italian Opera, Covent Garden, and that they felt that they had done wrong; and plaintiff had also been informed by Dr. Bacher that no demand was ever make upon him for the said sum.of £300 by the defendants The plain- tiff further stated that, on the 9th of March, he re- ceived the following letter from the defendant, Al- ir—From day to day it has been my daughter's in- tention to write to you, but a young girl and a singer. so such occupied as ‘she really is, very seldom finds the necessary time to write a letter. Nevertheless time presses, and for that reason I find myselt forced to ad- ‘dross you for her, by writing to you that we perfoctly well understood your intentions; but what is to be done? ‘The court and the direction of our theatre press to profit still as. much as possible of the short stay of my daughter, in such a way that some time will be absolutely necosea- for her, both for repose after such arduous labora. and alo to enable her to learn by art the Italian words for (des) her début in London, which her combined duties have prevented her doing. Will you be good enough to have the preparatory rehearsals of the “Prophete,”’ and leave us to profit by your conrent, and put off for fifteen days the commencement of the engagement. so that it should begin en the 16th of April, and continue until the middle of July? If you send the bill of exchange, good enough either to address it at this time to Berlin, or from (des) the 2d of April, to Hamburg. to Engel & €o., Ferdinand street, where we shall re} some time.with our daughter and sister recently married. “Accept. &¢., _ (eigned) ‘Ausent Wacyen.” The plaintiff replied to that letter on the 11th of March, and stated that he had paid the sum of £300 to Dr. Bacher, for defendant Johanna, and that he had no doubt that before his letter reached defend- ant, Albert, the sum would be paid over to defend- ant; but to that letter plaintiff received no answer. There was another letier which he (Mr. Bacon) wished to read, and though it would interrupt the reading of the affidavit, it would not interfere with the order of time. ruary, and was written by Johanna Wagner her- self to Mr. Lumley. mo Mr Benjamin Lumley, Director of the Italian Opera, Paris “Sin—As a true Christian, I acknowledge all my sins, and it ie not one of the least not to have replied to your | amiable letter. Iwas daily on the point of doing it, bu: a thoueand different things prevented ime, and I becam more guilty day by day. I have not the intention to ex- euse myself, but I expect in you a judge full of indulgence and charity, At present I ‘express, to you great th: for your amiable intentions on my account, and I hepe that oll our wishes will be accomplished. At the same time yours as mine. besides that [have at this moment Jet a little thing to ask you, and I have the confidence in Your indulgence that you will reply to me goon, and that you will not take your revenge in keeping silunt. More than eight weeks ago I wrote it to Mr. Bacher ; he has written to me, and during his presence in Berlin. ax- sured me in person that all would be arranged according to my desire, nevertheless I made the contract with you, sir; and that is why I ask you once more if you consent that I put off the beginning of my contract for London for fiftcen days, so that it will begin the 1th April, in stead of the Ist, it would expire then the 15th of the month of July, instead of the Ist of ghat month. Con- sider that T am still too occupied the fwo next months by the labors at Berlin, and by the preparations for my Ital ian debuts at London, besides that, I shall have absolute need of some days repose for my health, before my de. parture for Londop. On the other hand, I am of opinion it will be very agreeable to you to have fifteen days more for the preparations of the opera of the ‘ Prophete,’ quite new at your house, For mo, I hold absolutely to debut there tor the first time as * Fides,’ the second part will be afterwards ‘Romeo,’ It is agreed. is it not?) Willy have the goodness to ans finitively to these de- mands. and you will be very agreeable to do it as soon as possible, M. de Hulsen, intendent of the Royal Ope ere, prestea me much to give him again some more rep ventations with reference to ivod opera. for which eason I must arrange my time toa minute, Mr. Bacher has told me certainly, ‘ Yes ;’ nevertheless I find myself obliged to ask once more yourself, “Will you receive my’ respects. and my very distin. ied consideration: “JOHANNA WAGNER, “Cantatrice of the Court of his Majesty the King of Prussia. © Rerlin, Feb, 6, 1862, “T should arrive then at London about the 15th or 16th ©f the month of April,” That was followed by the letter to which the plain- tiff replied on the 11th, and in which he stated that It was dated the 6th of Feb- | 5) the was in Dr. Baohor's hands to be paid to defendant Johanns. The affidavit then wont on to acs eed cool ee of Hor Majoaty’s Theatro for the it season, the plaintiff had curred considerable expense, and entered im- portant contracts for letting the boxes of the- atre upon the faith of the arrival of the er Johanna, in London te fulfil hor engagement, that on or about the 10th instant he received at Pa- ris @ protest from defendant, Johanna, with the fol- lowing letter:— “Hamburg. April 6, 1852. “Sir—Not having received on tho loth ot March, nor even to the Ist of April, the sum of £300 stipulated in the clause 8. of our contract, I consider that contract an- nulled on your sido, and therefore, think myself justified in sending you the inclosed formal protest, and feel aleo at liberty now to dispose elsewhere both of my talonts and of my time, “Tam very sorry for it, but am nevertheless compelled to do so on account of my reputation as an artiste, and also of my interest.“ Yours, “Jonanna Wacner.”” The plaintiff furthor stated he was informed by Dr. Bacher that the defendants, Johanna and Albort, in- formed him that they had been offered a larger sum by defendant, Frederick,Gyo, who assured them that the engagement entered into with plaintiff was void by tho non-payment to them of the £300 on the day specified in said agreement; that Hor Lala a heatre could not bo re-opened ; that even if it were it must be at onco closed again; and that plaintiffs position was so bad that the defendant Johanna would not be paid for the fulfilment of her engagement with him. The plaintiff was also informed by Dr. Bacher that the defendant Johanna, in consequence of tho representations made to her and hor fathor by the defendant Gye, had boen intimidated ond alarmed, and had consented to enter into an engagement with the defendant Gye, to sing at the Royal Italian Opera House, Covent Garden, on his on- gaging to protect her from all damage consequent upon tho breach of agreement entered into with tho plaintiff. After receiving the yeages tho plaintiff proceeded to Hamburg, and had an interview with the defendants Johanna and Albert, to induce them to fulfil their agreement, and tenderod to them £200, in two Bank of England notes, but they refused to receive thom. The plaintiff furthor stated that he was informed and believed that the defendant ke represented to the other defendants that plaintiff was known to be a person who never fulfilled his pecuniary or other engagements, and that the defendant Johanna would never bo paid for her services the sum stipulated A tho agreo- ment. The jae was also informed that dofend- ant Gye had promised to pay tho defendant Johanna tho sum of £2,000, for two months’ ser- vices, and also to indemnify her, as already stated. The plaintiff further stated that the representations made by the defendant she respecting him and respecting Her Majesty’s Theatro, woro false, and were made for he Furniss of depriving him of the benefit of the said agreement. It appeared also, from the affidavit, that the defendants Johanna and Albert had arrived in London on the 19th inst., for tho purpose of carrying into effect the engagement with the defendant ‘Gyo , and in tho London papers of the 21st inst., the following advertisement was published: Rovan Iranian Orena, Covent Ganven.—Moure. Jonanna Wacner.— The directors haye the honor to announce that, in order to render still more cemplete their already unprecedented assemblage of artistes, they have entered into an engagement with Malle. Johanna Wagner, prima donna of the Royal ‘Theatre at Berlin, and that the services of that eminent ee are secured exclusively to the Royal Italian pera. Another advertisement announced that her first ap- pearance in England would take place on Saturday evening in tho * Prophete,” and the defendant Gye had, by handbills and placards, advertised that the defendant would sing and perform at tho Italian Ope Covent Garden, on Saturday, the 24th inst. ‘The plaintiff further stated that the defendant Gyo had, by the deposit of money, or some contract, in- demnified the other defendants against all damages arising from the breach or non-porformance of their agreement with him, and that plaint#f would sustain great pecuniary loss, and be anmaced, in reputation, by the dofendant Sppearing at the Royal Italian Opera House, Covent Garden, or at any other theatre except Her Majesty’s theatre. The plaintiff further stated that a number of persons who had taken, or would take, boxes at Her Majesty’s theatre, upon the faith and understanding that the defendant Jo- hanna was engaged, and would appear at her Majes- ty’s theatre, would peopel now throw up and re- fuse to take boxes, and decline to subscribe to the said theatre. The plaintiff calculated that his pe- cuniary loss would amount to £30,000, and that his professional skill and ability as an opera manager would be injured in the eyes ofthe public. The affi- davit further stated that Dr. Bacher is not in Eng- land; but the following letter had been received by Dr. Bacher from the defendant Albert :— Berwin, Feb. 21, 1852. Dear Friznp—You would wait long for a letter from Johanna; I myrelf do not know whether you, wandering Jew, are now in Vienna; however, I write at events to inform you that we have sent the necessary letter to Mr. Lumley, and requested him pro formd to defer once more the fulfilment ot the contract for a fortnight longer, which has been already settled between us. He answered very politely, and agreed to it: however, he wduld have wished her to be present for a longer time at the rehear- sals of the “ Prophéte.”* but it is impossible to be every- where. This time, as usual. Johanna haa much work to do before her journey; and it is merely a short time since she began studying her Italian parts, and she requires a fortnight’s rest before undertaking in London another work which will require all her energy. I should other- wise bring her checkmate to London, but that would not do. We shall try to be there at the ‘appointed moment, and from Hamburg. where she will remain at her sister's during Passion Week, she will probably leave on Easter ‘Monday. Johanna remains for her début in the “ Pro- phite,” being sure of a quiet entrance and sure success. they pre omeo,” because they say she alone makes smeo,”’ if she succeeds the people will go to the“ Pro- phéte” for her sake alone, but they would not go for the whole of Lumley’s** Prophite.”’ since it is much better at Gye’s, There is something for both, but Fab (laugh. ter) is preferable te Fid. (Laughter.) That. however, in which everybody agrees is. that we have made a very bad barguin “as regards money matters—that clause pressed by you on us, which prohibits us from singing at concerts; it isa real loss, especially as we are to have neither apartments nor carriage free, which have been granted to others, England js only to be valued fur the rake of her money. (Laughter.) Pani curious to heat how your speculation is terminating. You appear to be the very man for it. Farewell—let us hear from you; re- ceive our best compliments. and if you wish to hear from us Johanna will tell you. A thousand compliments from yours, truly, A. WAGNER, In addition to the plaintiff's affidavit, an affidavit had been sworn by Mr. Mitchell, who made the fol- lowing statement:— “T have been for many years past in the habit of rent- ing boxes and stalls at Her Majesty's Theatre, for the purpose of again letting the same out to frequenters of the said theatre, and realizing profits therefrom unto myself. In consequence of the said plaintiff having, in or about the month of February last, and previonsly to the opening of Her Majesty's Theatre for the present season, 1852, shown to me the engagement entered with the eaid defendant. Johanna Wagner, the 9th of November. 1851, for the appearance of said detendant, Johanna Wagner, at Her Majesty's Theatre. during the present season, 1852. I was induced to, and di enter into an agree it with said plaintiff, for the hire of several boxes and stalls in Her Majesty's Theatre for the present season, for the purpose of letting the same out again to the frequenters of said theatre, From the high reputation borne by said defendant, Johanaa Wagner, as an artist and singer. and from the full confi enter- tained by me of her fulfilling her said engagement with said plaintiff. I was induced to, and did increase and extend my usual season purchaee, and taking of boxes and stalls at Her Majesty’s Theatre, to nearly three times the usual amount, and for which T agreed to pay the said plaintiff sum of £15,000, Several of the said boxes and stalls, forming part of the number included in said agreement with said plaintiff, were subsequently let by me to several frequenters of Her Majesty's Theatre. who were in the habit of dealing with me for such purpose, and such letting as last aforesaid proceeded on the faith that the engagement of the 9th November, 1851, so entered into by said defendant, Johanna Wagner, would bave Leen kept and fulfilicd by her, By reason of the announce. | ment ef the intended appearance of said defendant, Jo- hanna Wagner, at the Italian Opera, Covent Garden, in- stead of Her Majesty's Theatre, I have bad several of the | boxes and stalls so let by me as aforesaid returned, and | now remain upon my hands unlet and unsold, and the parties who had taken the same declined to make any payment, or to have the use ofthem, upon the ground that eaid defendant, Johanna Wagner, was ai.nounced to appear at the Italian Opera, Covent Garden, instead of Her Majesty's Theatre. thereby entailing « very serious loss to me, independently of the loss which I will sustain upon each night of the non-appearance of the defendant, Johanna Wagner, at her Majesty's Theatre, according to her sail agreement. Also, by reason of the announce. ment of the intended appearance of said defendant, Johanna Wagner, at the Italian Opera, Covent Garden, as forceaid, several | acne and parties who were in treaty with me for the hiring of boxes and stalls at Her Ma- jesty’s Theatre for the present season, di Pleting their purchase, and the same a vnlet and unsold. The appearanc d Johanna Wagner, at the Italian Opera, Covent Carden contrary to her engagement to appear at Her Majesty's, ‘Theatre, wil tend most materially to lessen tho fwith hitherto placed in the programme issued by the lessce of iler Majesty's Theatre previously to the encement of cach season, containing the names he artistes engaged, and thereby lessen the gain: od from the hiring and letting of boxes and « There was a similar affidavit from Mr. Rush, of New Bond street, bookseller and librarian: and an affidavit from William Tish, hall-keeper of her Ma- jesty’s theatre, who deposed thet no was given to the defendants Miss Wagnor and her father, to attend the rehe at her Majesty's theatro, but that neither of them had attended.” The play bills issued by the managers of the @ovent Garden thea- tre, were also verified by affiday He (Mr. Bac conceived that he had stated a case which entitled the plaintiff to the interference of the court. The engagement was distinct and explicit, and there could be no doubt about it. It might be suggested that the subsequent term of the agreement, which had the signature of Dr. Bacher to it, could not be binding upon the defendants, Johanna and Albert, but the correspondence between the defendant Albert and Dr. Bacher, showed that the additional clause was recognized by them, and treated as a subsisting agreement. The only othor ground on which ho thought a7 objection could be taken, was the non- rayment of the £300 on the day specified, but that uence of that had beon made to them, English oustoms and English 5 means a condition perctions that*the money should be paid down, but if it was, thoir friond and agent, Dr. Bacher, had the money in his hands ready to pay eo and it would nece: » to sus- a 2 an objection as ho (Mr. Bacon) antici would be mado on the other sido, that defendants should show that they had pre: Mr. Lumley for the money, and declared that they Wero not content with the reference to Dr. Bacher. Was it to be said that the plaintiff was not ina position to enforce the agreoment, unless tho £300 was paid on the 15th of March, and that the pay- ment of the money on that day formed tho very essence of the agreement? He submitted that the contract in that el vs was fully complied with, and that a tender of the monoy had been made to the defendants Johanna and Albort, in sufficient time to enable them to come to England and per- form the contract. If there wasno other or more just ground for resisting tho performance of the agreement, it only remained to be seon if the agree- ment was one which tho court would enforce to vent the defendant Jol from acting in the Chae House, Covent Gardon. All the cases on the subjoct were reviewod in the easo of “Dietrichsen vs. Cabburn;” and in that caso it was most distinctly decided that whore, as in the present case, there Wasa nogative term in an agreemont to which no objection could be taken, the Court would interfere by injunction, to provent the dofendant from broak- ing the engagement. He called his lordship’s at- tention to the decision of Lord Bldon in * Mau- rice vs. Coleman,” and also tothe opinion of Lord Cottenham in a similar case, and submitted thore could be no doubt that whore there was a nogative term inan agreement, the Court would prevent tho breach of the agreement by preventing the perfor- mance of the thing that would be in direct viola- tion of it. He reminded the Court of the loss and injury that must arise to the plaintiff from this breach of agreemont, and trusted that his honor, by granting an injunction—which precedent and authority justified—would restore to the plaintiff the benofits of the agreement which tho plaintiff himself was at all times anxious te fulfil. Mr. Clarke followed on the samo sido. Ho con- tended that the contract was valid, and that tho objection raised by the protest was an afterthough to got rid of it. As a proof of that, it appeared that the agreement with the defendant Gyo, fora valuable consideration, took placeon the day pre- ceding, and the objection that was raised was a mere pretence, to get rid of the engagement with He aioe This was a caso in which Mr. Lumloy could not be compensated by an action at law, for the value of the agreement: consisted in its exclu- siveness. If the Court did not interfere, any dam: ges that could be horeafter recovered by an action at law, would not repair the injury that would be dono to the plaintiff, if this young lady wore per- mitted to appear at the Shere louse, in Covent Garden. He called his lordship’s attention to tho case of Rolfo vs. Rolfe, 15 Simon, where tho agree- ment consisted of two distinct parts, and the Court granted an injunction to enforce tho execution of the Whe part, though it could not enforce the whole of it. Mr. Malins, Q.C., on tho ee of the dofendant, opposed the application, and regrotted that his clients had not been allowed an opportunity to make affidavits in reply. On the merits of the case, he was instructed to say they had a substantial answor to plaintiff's case, for, though the contract was en- tered into in November that this lady would sing for Mr. Lumley, there had been a breash of the contract on the part of Mr. Lumley. Tho term referred to was no part of the agreement when it was signed by Mr. Wagner and his daughter, but had been introduced into it in Paris. He admitted it was not intended that sho was to sing at the two Opera Houses, but they all knew that tho most eminent singers were in the habit of singing at con- certs in London, and was the defendant to be debar- red from this privilege? It would bo seen that this stipulation had been introduced by Dr. Beachor, the old friend of Mr. Lumley, entirely for his interest, and the only letter of the defendant’s in which it was asserted that the stipulation was noticed at all, the defendants, instead of adopting it, or approving of it, protested against it. The observations that had been made in reference to the difficulty arising from the defendants’ not carrying into effect the ar- rangemet with Mr. Lumley would equally apply to a departure from the arrangements entered into with Mr. tiga! and if this lady were not allowed to ap- pear on the following night, a loss to him, and in- conveience to the public, must ensue. How could Mr. Lumley be damaged by this lady appooring a single night at the Opera House, Covent Garden, was Ae to be prevented from doing so by an application made almost at the last moment ? Vice-Chancellor—The defendants only came to England on the 19th. r. Maline—That was true ; the appearance of the defendant had been advertisod for ten days, and though the lady and her father woro not here, that was no reason why the plaintiff should not have filed a bill against Mr. Gye to prohibit him from per- mitting her to act at his theatre. If the opposite side wished to have the merits discussed, let the case stand over until Monday. Vice-Chancellor—Will you give any undertaking that will induce them to do so; if not, the case is of such a nature that the court is compelled to act. Mr. Malins—I will give this undertaking. that the lady will not act the second time until the motion is disposed of. Vice-Chancellor—I do not, think it is fair to ask them to accept that undertaking. Mr. Malins could go no further, and submitted that, if his Honor granted this injunction, it would be the first instance in which the Court had ever in- terposed in a case of the kind. Before preceeding, he should add to the undertaking he had offered, that they would also undertake to be answerable in dama- ges. Having made that observation, he would sub- mit that, if the Court granted this injunction, it would be the first instance in which a court of equity had go interfered with a public actor or singer for the violation of contract or otherwise In the case of Kemble vs. Kean, the Court had refused to do so. What was the difference in principle between the case of this lady and the case of an ordinary servant? Suppose his learned friend engaged the best servant in London to drive him, and that he chose the next day to drive some one else, (laughter) woulda court of equity interfere to prevent him from driving an, one tut Mr. Bacon? (Laughter.) However, both cases came to the same thing, though the services in the one case might be more valuable than in the other. This was a case in which the Court had ne- ver interfered. In Wilson’s Reports, the rule was laid down that the injunction should be ancillary to a decree for specific performance, and if the Court had not the means of enforcing the performance of a con- tract, then the Court could not interfere. In support of this position, he begged to refer to Clarke vs. Priee, and Maurice vs. Coleman. The principle laid down in those authorities appied to the before the Court. The Court might, by an injunction, prevent this lady from singing at Convent Garden, but the Court could not compel her to sing for Mr. Lumley. Even if the Court could do so, in consequence of their quarrel it was not likely they would go on very harmoni- ously together, though a regard for his interest might induce Mr. Lumley to do the most he could for the lady. i He begged to refer to Hills vs. Crowe, decided by Lord Lyndhurst, and to Jervis vs. Edwards, decided by Sir Kdward Sugden, in Ireland, to show that except 2 court of equity could enforce the whole of a specific performance it would not in- terfere to enforce part of it. Vice-Chancelior—That case of Jervis vs. Edwards was a caeg for a specific performance about a water- course. Mr. Malins—With respect to the case of Dietrich- sen vs. Cabburn, it not a case of this kind. It was a case with respect to the cale of goods, and if the defendant refused to supply them the plaintiff could make him do so; but a dady’s voice could only come from herself, and the Court had no power to compel her to give utterance to it. It was perfectly clear that it the Court could interfere at all it would only be in consequenee of the nega- tive stipulation, and he aaked if his honor were satisfied that this negative stipulation, introduced eight days after the Cant was entered into, could be held to be binding upon this young lady— a stipulation that had never been signed by her or by her father. The Vice-Chancellor—What do you say to the letter of the 2Ist of February? Mr. Malins—It was rather a protest against the stipulation than otherwise, and it was evident that it was not # contract that was voluntarily entered into by this young lady or by her father. Mr. Mortimer followed on the same side, and contended that the Court should not grant the in- junction. “The Vice-Chancellor—Are you willing, Mr. Ma- ling, to give an undertaking that the young lady will not set to-morrow night, unless Court, in the course of to-morrow, on her application, shall release her from it. If you can give that under- taking, you will have an opportunity of making affidavits in reply. Mr. Malins—I ain afraid that by doing ao T would not be ina better situation than T should be inif you granted the injunction, because the fact should ve ANNOU to the public. The Vice-Chancellor—The nature of this question compells me to act upon a statement of one side of the case, That is adifficoulty in which a Court is freqrently put when called upon, in a case of ur- gency, to stay the proceeding of a party who will not give on undertaking that will telere the Court from acting upon an experte statement. There ap- wears to be no deubt about the contract in this case, The only contract that ever was signed by Mr. Lumley was the contract with the supplemental terms added to it, and it was the only con- ia'thair'pomeeion signed by Mr, Tamley™ ‘He in rr. io required that the term should be to it; it was exeouted by hic with that term in it, and the only contract they had in their was contract cont that the . I find in the lotter of the 2lst o! fey Aieeese to Dr. Bacher, that reference is made to partioular term as part of the agreement. They don’t protest against it, but they make e comment upon it. Ifthere be a contract between the parties, I take it there is little doubt as to the law ofthe Court. If a party aj to do a thing for a valuable consideration, and that is part of the agreement to forbear from doing another thing, the law of this Court will rostrain a party from acting in derogation of the negative part of the A ororena though the Court has no power to compel the oxe- cution of the Positive part, and could not com- pel the plaintiff to oxeouto his part of it. I un id Lord Cottenham to havo laid down the rule of the Court as I stete it, and that in doing so he only followed the rule of Lord Eldon, in Maurice vs: Coleman, and, as I understand it, the rule is to enforce the negative part of the agreement, and that the doing so is not incidental to the specific formance at all. Tho question is, has Mr. vumley _pectormad hia pater the agreement; and in considering that question I am obliged to deal with anexparte statement. He ip eg to pay this lady on the 15th of March, by bills of ox- change, £300. It gsr that Mr. Lumley had in the hands of this young lady’s own agent, Dr. Bacher, £400 and upwards. I find, tho 9th of March, this lndy’s father, writing to Mr. Lum- ley, says, if you send the bill bot heel ates at this time send it to Berlin, and if not, send it from the 2d of April to Hamburg ; clearly dispensing with the 15th of March as the period for payment, aod leaving Mr. Lumley to suppose that payment on the 2d of April, at Hamburg, would be a sufficient pay- ment; and Mr. Lumley stated to him in roply, that, the £300 was in the hands of Dr. Bacher, and that he had no doubt before his letter reached Mr. Wag- ner it would be pet overtohim. Dr. Bacher writes to the young lady herself with respect to where he wonld meet her to pay her the money, and make with hor the journey toLondon. If Mr. Lumley had declined to perform his part of the agreement, no doubt the Court would refuse to be sot in motion by him, but whon Mr. Lumley found a difficulty on that seore, ho goes to Hamburg to offer the money to her. Therefore he has shown that he is entitled to the in- terference of tho Court. I shall thorefore grant the injunetion against the young lady and Mr. Gye, with liborty to the defendants to give notice of mo- tion to dissolve it. The Court then rose, it being understood that this (Saturday) morning the defendants will apply to dissolve the injunction. On Saturday, as soon as his upon tho bench, Mr. Bethell said—Sir, in the interval that has elapsed since the ex parte injunction was granted against the defendants, Johanna Wagner and Fre- derick Gye, we have been quite unable to complete our evidence so as go bring it into a satisfactory state by the time at which Lam now addressing your Honor. @have, therefore, to ask your Honor to allow this motion ‘to stand over for'a fow days We are very desirous of coming before the Court soon as possible; but by one of those singular cir- cumstances which sometimes occur, we have just received a letter which may give a cluo to further discovery, which will no doubt explain the mis- representations and misstatements by means of which your Honor was induced to grant the ox parte injunction. I have therefore to ask that your Honor will allow the motion to stand over genorally. Mr. Bacon said—I do not object to the course po wsed, but the injunction which was granted on Friday can hardly be called an ex parte injunction It was granted after full discussion on each side. Leave was then given to the defendants to move to dissolve the injunction. On Friday evening notice of motion was accordingly given to us for Saturday, or so soon after as counsel could be heard. All Saturday passed, as well as Monday. Loavo was asked late yesterday afternoon to bring tho motion on the first thing this morning; and although we were then told that affidavits had been filed by the defendants, wo find upon inquiry at the offico that no affidavits whatever have been filed. Appearing here as I do on behalf of Mr. Lumley, all I desire that when the evidence on the other side is oon pleted, to which Mr Bethell alludes, we may have an opportunity of seeing it, at least, before the mo- tion js brought on, His Honor--Thon it now stands over. Mr. Be- thell, you are to communicate tothe other side the day on which it will suit the defendants to make the motion. Mr. Bethell—Yes, sir; and if it should be ne- cessary to bring it on next Saturday morning, we will make a communication to your honor. Honor took his seat musements announced for to- omprise @ repetition of the entitled tI ican rethers,” and the moral drama of the “Drunkard.”? ‘This favorite Thespian temple continues to be crowded jghtly. and the performances give general satisfaction. programme for this evening. no doubt will fill it n every department Broapway TizarRe.—Mlle, Lola Montes is advertised toppear again this evening, as Mariquita, in the new Spanish ballet divertisement. entitled “'Un Jour de Car- neval a Seville” The new comic drama, entitled the in which Mr. ©. Hale will appear as Sam Warren, and the laughable farce of the “Two Bonny- castles” will also be porformed, Mile, Lola Montes was en thusiastically grected on Tuesday evening Inst, by a crowded audience. It is presumed n large attendance will be present this evening Nini.o's Ganpex.—This evening, the faceinating danseuse Caroline Rousset. who has perfectly delighted the fashion- able audiences who every night crowd the theatr appear gain in her triumphant representation. of Sylpbide,* and also in the beautiful character of Gis The dancing of this artist has not been equalted since the days of Fanny Elissler. who was the most accomplished ariist then on the stage. The three sisters—Adel Thercsine, and Clementine—are also excellent. and en- hance the attraction considerably. by their grac formanees, In fine, « visit to Niblo's will sump the visiters. r Berto ing are very attractive, and the re fitef a favorite actress, Mra, Dyott. who has been a ing the dramatic publie for along term of old Pork theatre, and many other dratatic her excellent comic ability. She is John Dyott, who is a universal favorite. and on Lest gen in the States ‘The pie * Wonder * with a fine of the stars of the Chambers bi nsely popular drama Popping the \o doubt the house will be crowded 4 tive as ever in pieces for the This evening he varioty. ‘The firet feature Nick and The next que of the * Coarse wed by a now quad * and the terminating called the “ Ragged er “Bold Nigger Boys the comedietta, Lrerum Turatre —The ente of amusement consist of the jetta of “Who Speaks First?” the eclebrated drax Victori nd the od- q Barnum. Wilton, and Jenny Lind ‘—in the Walcott, Mr. Palmer, and’ Mra eliarnete ccond Y Julia Bennett, will ap- will give his im inments at this place yenr: and in the last. Prof intions of Jenn; andother arau features, An original extravaginza is in rehearsal. and Will shortly be produced Asron Diack Ovens Hovse.—The original drama of the Corsican, Brothers. or La Vendetta.” a dramatic tr romance. in five acts and eight t ax, will ented thi ey Mr. @. V. Brooke, the adinirabie n, Will represent the characters ol linle, and other emi produced with great scenic effect. with priate costumes, tableaux. and decorat Bansom's Mesrem drama has been new and appro- ns n daily at diences Onganie of which Lady of ng. in which Mr. ter of Claude Mel- t. Bulv J be represented in th ©. W. Clarke will personatd the ch: notte, and Miss Mestayer that of Pauline Cunisty’s Orena House.—Christy’s band of minstrels will give another of their amusing entertainments this evening. ‘They continue as success(ul as ever, Woov’s Mixsrreis.—This popular band are attracting fuil houses. Mr. Sedgwick, the great concertina player, is to appear again this evening. The programme is ox- cellent. Mr. Forrest made his appearance at the National Thea- tre, Washington city, on Monday evening last, and was greeted bya large andience. Mavame Crests is playing 9 very successful engage- ment at the Walnutfstreet theatre, Philadelphia, having been engaged for an extra week.’ She appears at the Broadway on the dist inst., being her farewell engagement previous to leaving for England. Mus, Jou Serron’s Bexerrr will come off on Friday evening. at the Broadway theatre, It is said it will be a great affair, several very eminent artists having volun- teered their services on the occasion; among them, we find that thecelebrated representative of Jemmy Twitcher will appear. Mrs. Sefton i a good actress, has numerous admirers, and no doubt she will have a bumper. Mn. Vincent Wattace and lady were at Buffalo on the 17th inst., on their way to this city. Mas. Srvcram is playing at Providenee, R, I well received on her first appearance; the hor filled, and all appeared to be pleased with 1 ance. ‘The Buffalo theatre is to be rebuilt immediately by Mr, George Brisbane, ‘The new edifice is to be considerably larger than the old one, and is to be built with parquet, dress circle, family eit nd third tier, thus doing awa: with the pit. It fe ded to provide seats for 3,000. Messrs. Carr & Warren, the lessees of the house that was lately burned, are to have the new theatre, A complimentary benefit is to be given to Mrs. Mow- att, by her Boston friends, on Friday evening next, The performances on the occasion are to be at the Howard She was as well perform- Athenwum. Anna Bishop was still In New Orleans at last dates from that ot at i The jon Times eaysthat the National thoatre in that city is to be rebuilt: ina substantial manner; that the new edifice is ete cae te Mr. Josepa Leonard, of the Arma of Leouard & Rrige, Notes on Nebraska Territory. BY TH. JEFFERSON SUTNERLAND OMAPTER rv. Game— Wild Beasts—Birds—Fishes—Reptiles and Insects. Of the game which once oxiated in tho torritory of Nebraska in abundance, but a moro vostigo ro- mains. It has ceased to be in quantity sufficient for tho Indians, or to afford profitable sport for tho whites. Tho passage of sovoral thousand omigrants annually through the territory, which has now boon continued for four or five years, and they starting from all tho different points on the Missouri river, and traversing tho country in the months of April, May, and June, the breeding time for the animals, has re- sulted in a genoral destruction of the game, both of bird and bonst; and at this timo tho nocessities of the Indians drive them to entrap, to chase down, and to kill every animal whioh remains, of foot and wing. Enough do not escape the chase of the Indians and tho hunt of the emigrants for the reproduction and continuance of tho specios. During the summer months the buffaloes and tho antelopes, in their migration from the south, make their appearance upon tho plains in the torritory, three or four hundred miles west of the Missouri river; and during that season they are hunted and killed by the Indians. Tho buffalo do not always appear in great numbers; but when they come in numerous herds, (which is frequently the case) bo- ing easily taken, the Indians from all parts of the ter- ritory supply themselves liberally with flosh for their winter support, and with hides and robes, which they barter for bread and whiskey. The antelopos are always shy, and they aro captured only with difficulty, consequontly thoy furnish but little avail- ablo means of support for the Indians; and when eaptured by the botter mounted emigrant, or brought down by his suror rifle, it is always at a cost of la- bor for which tho body of the animal affords no ap- propriate remuneration. The door, which were once abundant at all sen- sons of tho year within the territory, ate now but seldom mat with; and those that remain have been so frequently subjeoted to the chase of the Indians and the emigrants, that they have become shy and difficult to be brought within the reach of a rifle. A fow elk also remain, but they are as difficult to capture as tho deor. Vithin the timbered lands, raceoons and squirrels of the gray and fox kind, are somewhat numerous. Rabbits are commonin the copsewood and patches of hazel bushes, and theso are easily captured with dog and gun. But beiag found only within, or near the timbered lands, they do not exist in such quan- tities as to add much for the support. of tho Indians, or often to furnish food for the hunting appetite of tho emigrant. ‘ The common little striped ground squirrel, exists in considerable numbers upon the prairie nd there ure in like numbers a targe eld mole, called a gopher—which is a very industrious animal. They cut channels or chambers in the soil, under tho sod, all over the prairies, and here and“there a fow foot a part, they pierce the sod and threw up the goil in little heaps, which are called gopher hits. This animal sometimos commits depredations upon the growing potato, and garden vegotables; but it is said, that whon castor-oil beans are planted, and grown in a potato field or garden, the gophers will eave. In a section of the territory far wost from the Missouri river, it is said thore are many burrows of a little haired quadruped, called the’ prairie dog, which is unquestionably a species of the rabbit race; though the habits of this animal are quite different th those of the other members of the pussy fa- mily. Bears, if they have there e: in the terri and the f sold if ever seen or heard of in that region. Occasionally, in the timbered lands, a panther and a wildcat is seen; and the fool-hardy courage of these animals, make them at all times easy of capture and destruction. Tho prairie-wolf: 8 in considerable numbers through- out the territory, and this is tho only animal that is likely to f e trouble in the least to the settler. It is a small species of the wolf family, of aegray color, and corresponds in character and habits witl the cayota of Mexico. It is a wandering animal—not gregarious—and will prey upon young pigs, lambs, and sometimes upon sheep; but it is a silly’ animal thout the cunning of the fox, or the courage of tho large gray wolf, and may be taken and destroyed with little difficulty. Wherever the settler comes there they soon cease to exist. It is not known to the writer that either tho tkunk, woodchuck, or hedgehog, exists within the territory. Yet they may be found in some parts, nevertheless. Or it may be the fact that the ease with which those animals are taken, has led to the entire destruction of their races in that region by the Indians. ! In the eastorn part of the territory, wild turkeys still remain in considerable numbers They there grow to an onormous s and present the finest specimens of their race. But they have been so much hunted by the Indians, and their eggs of late having been so uniformly destroyed by the emigrants, that their numbers have not increased so as to ren- der them a game worthy of any considerable at- tention The prairie hen, though much hunted by the Indians and omigrant: 1 exists there in con- siderable numbers ; an not to be doubted that the numbers of these and the wild turkey would be greatly increased were the Indians removed, and the whole’ territory subjected to settlement’ by tho whites. When the young of the prairie fowl are from three to four months old, they afford agreeable and profitable sport, and furnish a rich and palitable food. The flesh of the old ones is tough and tasto- less. Partridges, quails, pigeons, and turtle dovos aie also, in their season, abundant throughout the eastern part of the territory. During the months of Hawk and April, year, the Missouri river, for the distance of about one thousand miles from its mouth, is found to be literally alive with wild geese, prosecuting their annual migration to the north. A few of these re- main and nest in the northern part of the territory. With the myriads of wild geese which annually fol- low up the course of the Missouri river, there are occasionally small flocks of swans and pellicans, and considerable numbers of brant. In the autamn, the eand brant return with their young, and spiend through the corn and wheat fields along the river in pursuit of food, when they are easily taken ; and the young onos, when properly dressed, are fine forthe treble Ducks, of seve arieties, are not only abundant ou the Missouri river, but they in- habit all the streams of the territory, and breed there. The ducks may be reckoned among the most common and available game of the territory. A crane now and then shows itself on the Mis- souri river, and turkey buzzards may be seen in considerable num» throughout the t ‘There are also many flocks of sand-hill kind of no: A, a se sted, are now unknown in each kite and vka, rave ok birds are thers al numbers. Of the blackbird family, there is a singular breed, the head, neck, and breast of w are of « beautiful orange color, and in each wing there are three white feathers Flocks of paroquets are frequently seen along the thores of the Missouri river, as high up as the mouth of the Nebraska, Within the timbered lands of the territory, birds are very numerous, and of all the varieties and descriptions which are com- mon to corresponding latitudes. Fish are abundant in all the streams of the terri- y. Those of the Missouri river are pike, pickerel, perch, buffulo, and a large description of eat- In the smaller streams suckers, sunfish, perch, ill kind of catfish are taken, all of wl Nent. In some of the streams north and south of the Nebraska river, trout of a good quality entiful. ¥ he annual burnings of the dried prairie grass do not allow of the existence of a large number of reptiles aud insects. ‘Toads are almost as rare in Nebraska as in Ireland; and the big bull-trog is there seldom heard or seen; but along the brooks and smaller streams of water a species of little green frog exists in great numbers. Snakes are not numerous, and those to be met with are large, and marked with the signs ot many ears. The snake race inhabiting the territory of Nebraska consists of the bull snake, or American boa, blue racer, and the rattlesnake, of two kinds; the pied or spotted, which is large, and the black, which is of a small size. The bull snake and the racer are entirely harmless. The rattlesnakes are alone venomous; but they never strike without warning, and are continually giving notice of their presence with the shake of their rattles. When the country becomes settled, the rattlesnake soon dis- appeors. The common black snake and the ter suake are not known to exist in the territory, nor are there any of the milk snakes of the east. The butterfly and the moth exist in considerable numbers throughout the territory. But these are only of the common species. The grasshopper, the spider, and the whole bug race, exists only in diminished numbers—the eggs and young being continually subject to destruction by the burning of the dried grass of the prairies. Those of the insect race which by chance or habit take refage within the timbered lands, furnish the only reproduetion of their species; and if it were not for these, the sect race of the territory of Nebraska would long since have shared the fate of the timber where the pra grass has taken root. The midge and the ghat are not known in the territory, and mosquitoes prevail only along the rivers and bottoms. The honey bee is seen in considerable numbers upon the prairies, and in the timbered lands swarms are numerous, from which honey of a good quality may be obtained. The humble bee is also seen upon the prairies, and hornets and wasps in sparse numbers. VALUAB Cargo.--The Butt the brig Mi ‘ota arrived at that port on the 10t 4 from Chicago, with a cargo of 2.224 bbis. pork. lard and hams. consigned to Messrs, P. L. Sterneberge & Co. The cargo is valugd at $45,047 5), —_——E Steam Hingince—Tm ‘* Management—ae- ‘8, ee. Ginesr ' THE HERALD. THE EDITOR OL es re ba paper, and T am « subsoriber for your the remark often made—‘‘rea . the Hunas end yon have road all the papers”—1 pr ag po _ quost that through this propor a the foll fs lowed to furnish the public with \ That it may know how much rol, ‘20% 0 the seore of experience, should be attached to this comm tion, I deem it proper to state that & "" many years E Was engagod a4 an artisan in wood “2d metale— having attained somo skill in mooha alo arte and Seiencos—the last twelve years my attons 10% hasbeem assiduously devoted to modifying and i™proving parts of the steam engine, embracing the ionce of tho action of stoam and tho art of gonoea ay plying it with increased advantage. ( tion and refinement keep even pace with soiex the arts, and it becomes imperious to prog. that practical talent of tho highest ordor be oak In this ago, machinory is everything. The p ing press, with lightning speed, throws off its \ come sheet, and the multitude of eager expoctas find within their grasp the world as itis, nN steam engige, second in importance only to th press, brifigs far distant places near, and is sproa@ ing civilization to tho remotest parts. The prom steam engine, and magnetic telegraph, are the re- sults of great genius, associated with scientifia, practical and well educated minds; novorthelea, true genius is poomly rewarded. Reformation in this respect is of the highest importance; but the of its coming is far distant, unless the press takes a decided on in tho matter. In reference te the steam engine, it isa fact that many interlopers and pseudos are entrusted with its manage- ment—mismanagement I should have said—and thus it is that you are so frequently called on te record a grand smash, awful explosion, and lameat- able destruction of life and property. It should be imperious, that no enginese be employed unless a mechanic, skilfal in the manufacture of ateam engines, possessed of a good English education, woll versed in mechani- cal philosophy, and tho cohesive and frictional Deere of materials composing the engine under his charge. He should bo woll vorsed in the laws of combustion; understand the eapaoi of different motals for conducting caloric; bo profi- cient in mathematios; able to determine with cor tainty the strain, and to judge accurately of the percussive action of every part of the instrumomé. uch qualifications, associated with industry, se- briety, and faithful attention, would constitute, im the true sense,an engineer. As a general rule, owners of steamers pay leas attention than is duo te those matters. I have no hesitation in asserting that such regulations can be instituted, and oa gineers of such qualifications could be obtainod, as would insure against seventy-five or eighty cent of the present loss of life and property Caine fiom incapacity of tho engineer department. Espe- cial] will this hold good on the Western waters. Doublleas ongineers engage their services with the most laudable motives; their want of proficiency is evidence of this; for did they know their lives would be perilled by their own inisapprehonsion of tho causes of disasters, they could not be induced to risk so much. It is a lamentable fact that band of this class of persons are totally deceived as to their comprehension of what is requisite in thoir case; but they have open to them many avenues for improve- ment, and would they but learn to ask questions and abide directions gratuitously given, the diffi- culties in their case might soon be modified, if net entirely overcome. The engineer of a line of steamers of this place, not long since, wrote to an officer of high grade the United States Navy, suggesting the introduction to a government steamer of an alleged improvement iu her machinery department. Tho letter in quos- tion was so grossly illiterate in-its composition, that it was hardly intelligible. This man merits pity and contumpt; and should be suspended for op- portunity of improvement. Of these matters the public have a right, every individual has a right, to know, taik, and inquire. Life and property, public and private are at stake. Underwriters should look to this business. Insur- ance offices have here an interest; and the board ef underwriters, with the same, if not greater propriety than that of surveying a ship and inspecting its en- gines, boilers, &c., should require an investigation as to the qualifications of the engineer. In this way: the abilities requisite would soon be manifested, and. the engineer fimd it imperiously necessary to be- come informed, and thereby exalted in condition. A highor interest than the abstract commorcial one should be onlisted in this matter ; it is tho in- terest of affection, tho ties of consanguinity and humanity, which should take precedence in the args of a person with whom we are to trust so much, The law of public convenience has something te do with this. Public convenience and equal distri- bution of justice widens a street, makes the crook- ed straight, and rough places smooth; jams a rail- road through the choicest grounds under the key of progression, and the word go-ahead. Are not the same considerations involved in the ite and even more—as regards security of life and pro- perty? Do not public accommodation and security. demand the examination of engineers in the mer- chant service ? If not, the examination in tho naval service is a farce, and of no avail. The same principles and reasons originating and organizing the naval engineer corps, demand a United States merchant marine engineer corps, with similar regulations and demands for talent. Has not Congress the power to impose rogula- tions in this, agit didin regard totillorropes ? Many sciontific engineers have contemplated memorialize ing Congress in relation to an orgwnization and legal regulation of merchant engineers. Surely the quali- fied will not object to a better state of things. The compensation of some grades would be incroas- ed, not, however, beyond the limit of merit. The euppae condition of the Humboldt, on hee homeward passage, may not have been caused by the mismanagement or incapacity of her engineer. It was reported that she ran, side-on, against the cock on the other side; and that by a jar—so slight as not to injure the side of the ship—the massive pedestals of both engines were smashed. This wilt —such a result could not have occurred. Subject the engineer to the proposed oxamina- tion, and Ihave no doubt the cause would be dis- covered. We say—all good engineers will say—let us havea legally organized “ United States Morchant Steam Marine Corps.” Thereby engiheors will be ttimulated to acquire a high grade and rank for ability; such a stimulant would redound to the in- terests of the community at large. It requires a man of no ordinary judgment, skill, and app ion, to avert difficulties and dangers in- cident to the sudden and ever varying circumstances attending steaming at sea. The smash of turbulent seas, almost sufficient to arrest the gigantic struc- ture of two large side-lever engines, are no small matters for the unqualified engineer to look upon, and at all times to be well prepared to mect. The true cause of a break down is seldom known, l never, when it is attributable to the incapacity engineer, if he finds this out, and can hide it. ve us the requirements of the navy—the ineen- tive to high attainments. Examine the engineers, rimt- ar | fn talent will be properly placed, imposition ossen- tinlly eheeked, life and merit commensurately rewarded. Literary Reviews. Mar or New York. By Geo. H. Ives, Spruce street, New York: Mr. Ives has conferred a great e upon the community by the elaborate pro- duction of a large and accurate map of our city. I is well printed, neatly painted and varnished, and presents a fine appearance, Mar or Centrat Aventca. By J. Diaturnell, Broadway, New York: This isa very valuable map. lt embraces a full view of all the Central Amercan States, including surveys of the Tehuantepec, Nie- aragna, Panama an Atrato routes to the Pacific. Map or tHe Usirep States. J. M. Atwood, Beekman street, New York: Just the thing for am office. It is compact, and well filled up. pEY’s Lapy’s MAGAZINE. June, 1852. “ Mr. Harrison’s Confessions” is continued, and the con- property more secure, and Serurator. | tributions generally’ wre well written, and appro- | priate to the character of this poriodical. Tne Wairr Movunrarys. By William Guild. Boston: Bradbury & Guild. ‘o travellers this little work, which contains maps and plates, may be of service. Weather and Crops. Accounts from Holly Springs, Miss., May 6th, state that for «ome weeks previous to last Tuesday, the weather there had been unusually dry and cool for the season, and altogether very unfavorable to crops, with the ex- ception of afew warm days, On the dth inst, a great deal of rain fell, After the rain ceased, the temperature continued uncomfortably cool. and was regarded as very injurious to the cro) gardens. The ravages of the “eut worm,’ which had already been very destructive, will probably be increased. The Newberry (S. C.) Sentinel says that there was froa& in that vicinity on the th and 6th instant, and states of the corn and cotton © that the present appearance is by no ab ft ie ing. Corn looks yellow and sickly. Cotton is very feeble, and hae a crituped appearanes. The wheat crop. up hich so much dependence ig placed for a speedy relief from the great searcity of corn, will not make a full return to the farmer, In some see- tions of the distriet the fly is very destructive, reducing the probable yield to lees than half the ordinary quantity. The vats crop. at present looks well, but has not reached the most critical stage of its growth: and it ts impossible to predicate any certain hope of an abundant yield upoay, its prevent appearance. Decrease IN THE SHipMENT or Leap PROM THRE Gavexa Mixes.—A letter from Galena, Tl, dated 4th inst, states that only 63.281 pige of lead. wore shipped from the upper mines. during the months of March and April, The amount shipped during the correspot Months, last your. way 99,580, showing 4 dectease 46,04,