The New York Herald Newspaper, February 7, 1853, Page 4

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NEW ‘ORK HERALD. PR oprigroR AND ERATOR. SPTOF ¥. , w. CORNER nn Fee SP TRRALD, too conte per copy—W per oo HERALD. every dy Ao Tre Bran, an 89 1 pod oF AMUSEMENTS THIS EVENING. BOWERY THEATRE, Bowery—Krr Canson—Lasr Das @ Pourx. BROADWAY THEATRE, Broadway—Bmin’s Srasra- um Driven tier akNT—Porrwve Tax Quasnion, ‘WIBLO’S—Don Pasqvars. BURTON’S THEATRE, Chambers street—Panis AND ‘ewpor—Nict01as NICKLEBY. Wmpertant tonal Copyright Treaty with Engtand, Weare at ‘length enabled to congratulate our readers on the prospect of a speedy settlement of the int#rnational copyright qaestion. Among the documents which arrived in the Africa, and for which she was detained twenty-four hours at Liverpool, by the British government, is said to be a project of a copyright treaty between Greot Britain and this country.. It had been exeeuted at Marshfield, ky the late Daniel Web- ster and Mr. Crampton, the British Minister, a short while before the last illness of the former; and having been returned from England, with the sanction and approval of the British govern- ment, is now probably under the consideration of Mr. Everett and Mr. Crampton. The prem sence of Mr. Washington Irving at the capital is perhaps not unconnected with the negotia- tion, and it is more than likely that nothing is now wanting but the ratification of the Senate, to convert it intoa law. We understand that its provisions are similar to those of the inter- national copyright treaty executed between France and England, thirteen months ago, and are fully adequate to protect the rights of au- thors and artists in both countries. Under its authority, the authors of “books, of dramatic works, of musical compositions, of drawings: of paintings, of sculptures, of engravings, of NATIONAL THEATRE, Chatham street—O’Neat tax | lithographs,.and of any other works whatsoever KS, THR’ BaGMaN. ‘WALLACE’ Broadway—Lapr oy Lyoxs— . THEATRE, ‘WHITE'S THEATRE OF V. Tand19 AMERICAN MUSEUM—<Afterncon—GranDraTaER WHITE- ‘map. Evening—O Foixs at Home. CEIRISTY’S OPERA HOUSE, 472 Broadway—Ermoriap ‘Mmmoous wx Camerr’s Ormna TROUPE. = ‘WOOD'S MINSTRELS, Wood’s Musica] Hall, 444 Broad- ‘MIVSTRELSY. ‘@ERCUS, 37 Bowery—EQuesraian ENTERTADYMENTS. 686 -ARD’S PANORAMA OF THR PP —sonmg Broadway—Banv. | ‘HELLER’S SOIREES MYSTERIEUSES—530 Broadway. —<—$<—<—$—$$———$—$—$——————F ‘Sew York, Monday, February 7, 1853. The News. ‘The steamship Baltic got under way about half past four o’clock yesterday afternoon, and proceeded to the Narrows, whence she was to start at five o'clock this morning, for Liverpool. ‘The steamship Georgia, for Aspinwall, according to our ship news reporter, remained at anchor in the North river yesterday evening. ‘The government express train, probably in con- sequence of the heavy storm, did not reach this city with the Canada’s papers, from Boston, till about half-past two o'clock this morning. As the telegraphic synopsis of the foreign news hitherto published appears to have embraced all the im- portant points, wevhave considered it unmecessary to delay the press, in order to insert the details to-day. ‘They will be given in full to-morrow... ‘Late New Orleans papers confirm the telegraphic report of the -inexcusable seizure, by the Mexican suthorities at Tampico, of five Californians, who ‘were returning:to the United States by the overland route through Mexico. Five dollars in gold dust were forcibly:taken from the party, under the plea that they had neglected to pay export duty. The American Consul, Mr. Chase, had protested against ‘this official outrage. It isto be hoped that our go- vernment will promptly investigate this transaction. The telegraph also reiterates the statement thata detachment of the National Guards, under the leader- ship of Colonel Rodriguez, had been captured, after @ severe fight, and executed, for having conspired to'take possession of the city. We have advices at this port from Buenos Ayres @ewn toabout the 13th December, by the ship. B. Aymar, Captain Carver, arrived yesterday. Captain (C. reports the country to be in a very unsettled state, amd that some fighting with the revolutionists had taken place, but he could not ascertain the particu- lars. Owing to the agitated state of the country, no ‘business had been done since the 5th. From Albany, we learn that the Hudson river had ‘been rendered impassable, in consequence of the breaking up of the ice for a considerable distance above and below that city. Last evening it was ex- pected that navigation would be entirely open to New York by this morning. Gen. Pierce is said to have waited upon Mr. Meagher, on the arrival of the latter gentleman ia Concord, on Saturday afternoon. Mr. M. delivered a lecture in the evening, at which the General was present. By way of Washington we are informed that the latest credited report from Concord was that Gen. Medary, of Ohio, will not go into the Cabi- net. Well, what will be the next ramor? The great India rubber case still hangs on in the of literature'and the fine arts,” published and copyrighted in the United States, will, ipso Sacto, enjoy all the rights and sprivileges which an English.copyright would insure to them in Great Britain; and in like manner, a British copyright will possess the same legal authority in the United States:as an entry in the clerk’s office of the District Court, pursuant to act of Congress. The only conditions imposed on American.authors are the registration of their copyright in Stationers’ Hall. and a strict compliance with the laws of Great Britain in respect to the deposite of a copy of their work in the British Museum; while their English brethren must register at Wash- ington, and deposit copies.of their works in the institutions appointed by law to receive them. The copyright of a translation of a work in a foreign language will, on.compliance with these formalities, enjey the same validity in both countries.as that of an original work, without, of course, interfering with the right of any other party to translate the same work. The republi- cation of articles in periodicals may be pro- hibited by a conspicuous notice affixed to the article, notifying the public that the author or publisher reserves the property of the same. Such .are, as we understand, the leading pro- visions of a treaty the importance of which is hardly less than that of any of the numerous international conventions this country has ever concluded. | | | The moment it becomes a law, the system of wholesale piracy on which the publishers of both countries have been fattening for so many years, will be uprooted. The poets and historians of England-will at length enjoy the same protec- tion that is vouchsafed to the grocer and the tailor; and the talented band of young Ameri- cans who are nobly competing for the palm of literature with their transatlantic brethren, may continue the struggle without fear of the ghouls of Paternoster row. Crushed, though they have hitherto been by competition with writers of at least equal merit, and whose works did not cost the publisher a cent, they have earned a world wide fame, and pressed their rivals so closely that the leading critic of England was impelled to warn his countrymen of their danger. What will they not do ina fair ficld, when remunerativ2 prices are paid for their labor, and their competi tors enter the lists on the same footing as them selves? Proudly, indeed, may we look forward to a new era in our literature—an era. possibly in which New York.may become the great pub lishing mart for the modern classics of our lan- guage, and the fame ofa Macauley, a Tennyson: and a Dickens, may be overshadowed by coun- trymen of ours. Such a stimulus will interna- tional copyright give to American literature. Nor is the new Jaw less pregnant with moral results. It will remove the stain of piracy which has so long disgraced the publishers of America, and will compel that estimable fra- ternity to show the same regard to the property of others that they claim for their own. We United States Supreme Court, at Washington. if | *hall no longer witness the Messrs. Appleton the present weather holds on, the rubber itself will | 2pprepriating the fruits of the mechanical la- soon be all out of the stores, and then the court and the lawyers will have an entire monopoly of the business. Henry C. Leffingwell cut his throat, at his boarding house, No. 160 Chambers street, in this city, on Saturday night, and died in a short time from the wound. He was twenty-three years of age, and a native of this State. Deceased was sick, in the first stage of small pox, and no reason is assigned for his doing the dreadful deed except tine feverish irritation of the disease. He had been in the employ of Mes Richards & McHarg, dry goods dealers, in Libe: street. In conseggence of the interposition of the stormy weather, Dr. Hatfield postponed the delivery of his lecture on Fashion, from last until next Sunday evening. ‘The reader is referred to thej inside pages, fora full report of the proc! n the Supertor Court relative to the Broadway Railroad Injunction Case, including the argument of ex-Chief Justice Bronson, and the Opinions of Judges Duer and Bosworth. Also, the Trouble between Young America and the bors of scientific Englishmen, or Mr. Putnam cing a monthly razzia of the wit and fancy of British authors. Messrs. Stringer & Town- send will learn with dismay that the fund of novels into which they have been plunging a lawless hand for this many a year, is henceforth under the same watch as their own cash box. Old Line Democracy—embracing extracts from the | Democratic Review, the Washington Union, and Republic ; Lists of Passengers for California in the three steamers which left this port on Satu A Letter from Boston; Commercial A i News Paragraphs ; Advertisements, Stu. a Hore ron Evrore.—What is it? Where does it lie? Not in Kossuth, or Maz dru Rollin. or Lou rectory, or moral or at all. but in a Mttle fact unnoticed and unrecorded, v New York Herato is alway ever regards the interests of thi The fact is embraced in these line “The U. 8. mail steamer, the Baltic 30,834 letters and 15,000 newspape There ibis! Just think of the effect of a dis- charge of fifty thousand missiles, loaded with republican sentiments, upon the monarchical governments of Europe! And this discharge is repeated, too, twice a weck. What can resist it? Before it the kingly and priestly despotisms of old Europe are bound to totter and fall to pieces, as did the walls of Jericho at the blow- ing of Joshua’s ramshorns. The letters of im- migrants in this country to their friends in the old. which form at least two-thirds of the num- ber. breathe sentiments of the most dangerous character to the “law and order” institutions of Europe ; and as to the newspapers, they are of eourse republican, democratic, and subversive, In this fact. therefore, there is still a hope left fer Enrope, except the despots, in self defence cloce up the mail communication with the Uni- ted States, chfal of what- nether world: talk to Europe, and that depredations upon the one will be ished as severely as larcenies from the other. . Redfield will be denied the lucrative amuse- ment of cooking up English books to suit an American palate; and even the Harpers will be forced to he honest. Conce nd reader. the consternation among the Wileys. the Longs, the Dewitts and Davenports, the Bunnells and Rices. the Carltons and Phillipses. the Bunces, the Blanchard and Leas. et hoe genus omne of small fry. when they are told that the old saw about <ing and stealing.” is henceforth to be construed literally against them. and that. if they will publish, they must buy ao an thor’s work, and not rob him by the way side. Picture their indignation when they ed to take notice that an author’s are cor brai not necessarily common pro perty, which any one who pleases may filch. the bewilderment of the men who would send ragged boy to the Tombs for stealing a pirated edition of a ten penny novel, or a clerk to the States prison for helping him- eelf to a slight pe eon the profits of the last theft of Mr. Dickens's, or Mr. Thackeray’s or Mr. Kingsley’s brains, when they are inform- ed that they, too. are under the life of literary } and ean no kpockets with impunity, Dut we are wasting time on an unimportant view of the question. What the American pub- lirhers have heen, and what they may be under the new regime, matters very little to anybody but themselves; and. except for the stigma their piracies have brought on the community, they would not been entitled to the notoriety a newspaper attack may bestow. It is to the great benefit which the international copyright law will confer upon American literature that we would chiefly direct public attention. And on this head our readers need little information from us. A single hint will suggest more than our space permits us to express. It is notorious that we have hitherto been swamped by Eng- lich books, The price of literary matter has not been sufficiently remunerated to enable authors to live. When Jeffrey, Allison and J Hood could be had for nothing, he was a bold mon who would pay Emerson, Bancroft, or llclmes for tagir manuscript. The consequence .could be elected to-morrow as he was—by the has been that men Who Would have reflected honor on thelt country. had they devoted them- selves to literary purauits. have been compelled to fritter away their genius in the routine of trade. Again—the want of that protection which the government has liberatly awarded to every branch of material industry. has been a sad obstacle to the growth of a national Hiterature. Cheap editions of English works lave been widely cirenlalated through the country; and thousands who could aot af- ford to purchase our own authors, have modeled their minds on the writings of foreigners. The practical result of the absence of an international copywright has been to impose « prohibitory tax on American authors, for the benefit of their Englishvivals; and whilst we have been successfully struggling might and main to ; urspass the rest of the world in trade, science, mechanics, and everything which contributes to material progress, we have really done all we could to keep ourselves far behind our neigh- bors in the highest of intellectual pursuits. To the Senators does it belong, ‘now, to give the finishing blow. In this state of things, they will not shrink, we are sure, from theirduty. Theirs will be no small share of the honor of removing the millstone from the neck of American litera- ture—theirs the pride of redeeming the reputa- tion of their country. In after years, when, perchance, American authors will stand as high in England as English authors de here, the historian of literature will point to the year 1853 as the:real date at which the English lan- guage. began to be written with more purity and more force on this than on the other side ofthe Atlantic, and in commemorating the auspicious event, will pass a well merited eulogy on each individual who, by his voice or his vote, contri- buted to confer this boon on his native land. At that distant period the ephemeral reputa- tions built on passing events of to-day will have vanished—compromises, Cuban annexation, the Monroe doctrine, internal improvements, may all be forgotton, with those who fought on either side. But no one who took an active part in support of the international copyright law need fear oblivion—he will be remembered so long as these United States possess a lan- guage and a literature. Never was a seat in the Senate more truly enviable. Louls Napoleon’s ‘The marriage of Louis Napoleon, of which we have intelligence by the last arrival from England, has produced excitement of no ordi- nary kind, not only in France, but among the courts and statesmen of all Europe. This step is quite in keeping with his character. By his coup d’etat, the President of the Republic as" ¢ounded the world. The success in which it has resulted has amazed mankind still more. The marriage of the Emperor with M’le Monte- go is another coup—a coup de grace—which takes everybody by surprise. It had been supposed that Louis Napoleon was-wife-hunting among the royal families of the‘continent of Europe. and that he was seek. ing .an alliance with its dynasties, in order to strengthen and fortify his position against future exigencies. But he had a better and a bolder game than that to play. All his success hitherto had sprung from the popular feeling in his favor, Whatever an alliance with any royal blood in Europe might have done to diminish his popula- rity in France, it certainly could not have added toit. We have been told that his offer in marriage was refused by royalty, but we do not believe aword of it. He could have had a hand with- out a heart in more than one European court. Princesses and duchesses would have gladly seized the chance. But, like a philosopher and a man of the world, he estimated royal blood at its true value. His uncle, a plebeian, was greater than all the kings and emperors of his day, and outstripped them. even in the magnifi- cence of his court. The nephew. also descend- ed of plebeian blood, believes that at this mo- ment he holds a higher position than that of any autocrat, emperor, king or queen of any of the nations of Europe. There is not one of them people—by a majority so overwhelming as to amount almost to unanimity. Intermarriage, therefore, with their families could add as little to his dignity as it could to his power. He con- cluded, that by a marriage of affection he would better consult his own domestic happiness than to have a princess transferred to him according to royal fashion. by her father or the government of the country, as if she were a slave or so much merchandise. It often happens that kings and emperors never sec their brides till after the bargain and sale is completed. Lonis Napoleon is, probably, of opinion that the democratic blood of the spouse he selected is purer and healthier than any royal blood in Europe. He has given deep offence to his ministers, whom, it appears, he never consulted, but only announced to them the fact after he had made up his mind. He has scandalised all the courts in Europe by breaking through their conventional usages, sanctified by centuries of prescription, Perhaps he has also alarmed them, for the act ig significant of his independence, and his deter- mination to build up and perpetuate the Napo- external aid whatever. Possibly this she Violation of regal and imperial etiq suggest to crowned heads the probability of “the nephew of his uncle’ making war, too upon his own hook. Those frigates ordered | from the great shipbuilder in the Clyde, look | very suspicious, and what inflames the suspi- | cion is the interference of the British govern- ment to prevent the fulfilment of the order, or, rather. getting it done for themselves. The French emperor, however, need not be under any embarrassment at this contre temps. He can get plenty of frigates built in New York, better and faster than were ever put together in the Clyde; and we have no doubt that George Law would take a contract for three hundred of them, to be delivered ready for action before the year 1854, with Paixhan guns and muni- tions of war. He has also on hand a large quantity of muskets which Louis Kossuth did not purchase, and which we have no doubt would be placed at the service of Louis Napo- leon for a consideration, if his own armories cannot manufacture sufficiently fast. On the whole, we think the French emperor has done the very best thing in marrying this Irish or Scotch American Spanish lady, She is one of the people, like Josephine, his grandmother, the widow of General Beau- harnois, and first wife of Napoleon the First. The marriage will exalt him in the eyes of the nation. Josephine, who was a creole from the island of Martinique, was eminently popular with the French nation, who date all Napoteon’s misfortunes from his eruel divorce of her, in or- der to form an alliance with the Austrian prin- cees Maria Louies; and certain it is, that from | that hour the tide of fortune ebbed, till it left | protective taritis of the last.quarter of s can- hie bark at last « stranded wreck. tury. ‘This is the sort of man we understand ‘This was'a great error; but it arose from *.a- | Gen. Cushing to be; and, whether finally ap- other, and that was want of complete rel¥ance | pointed Premier or not. this brief sketch of his on the people, and an imitation of the customs | public career may be useful to all those politi- and usages of the imperial dynasties around cians ignorant of the peculiar qualifications him, instead of depending on the immense | upon which his friends are so sanguine of his resources within himself. He wanted to | assured success. have a successor to his throne, of roy- Abstaining. for the present. from the discus- al blood. In this he was disappointed by | sion of any other probable cabinet appointment, the decrees of Providence. for the Duke de | we submit the latest Secretary of State to Reichstadt. the gon of that marriage, baptized | the various factions of the democracy. Not King of Rome the day he was born, has perish- | having been violently identified with any of ed in his youth. and had he lived. would have | them, he ought. perhaps. to be satisfactory to been a miserable imbecile; while in the person | all. Why not? of Louis Napoleon, the son of Napoleon the The old Bourbons. we know will shrug their shoulders, but what have Great’s brother, and grandson of that very | they tosay? ~ Let them speak out now, or for- plebeian Josephine, is the dynasty of Napoleon | ever hereavter hold their peace.” There is no revived, It seems a singular rebuke to the Corsican, both for his injustice to his first wife and his abandonment of the people. and at the same time a retribution of Heaven, which “moving in a mysterious way its wonders to perform,” extinguishes the royal line, and raises to the throne the despised and rejected plebeian Blood. Warned by the errors of the first Em- peror, the second seems determined to pursue a wiser and a safer course, and to avoid the rocks and quicksands upon which the prisoner of St, Helena was shipwrecked, The first marriage of the elder Bonaparte was a marriage of affection, before he attained to power, but dissolved after he became dazzled with his own schemes of grandeur, and was led astray by the corrupting influence of flatterers, who impressed him with the necessity of a direct issue. (for he had no children by Jose- phine,) and also the advantage of a royal off- spring. in order to the success of his dynasty; Louis Napoleon, in the midst of his greatness and power, and also with a view to the per- petuation of his dynasty, marries the grand- daughter of a Scotchman named Kirkpatrick, formerly United States Consul at Malaga, and daughter it is said of a Spanish Count, De Teba- or, as the Paris Moniteur has it, granddaughter of the British Consul at Malaga, and her mother an Irish lady named Fitzpatrick. One thing only seems to be certain, and that is that her father was a Spaniard; and the doubt about her mother is, of itself, a proof of her ple- beian origin, at least in part. But whether she is of Scotch or Irish extraction, itis evident that the Emperor has departed from the fatal track of his uncle, and has allied himself not with kings or potentates, but with the people. Féte Darmee. ‘Tne New CapineT—GEN. CusninG, SECRETARY or Srate.—The letter which we lay before our readers this morning, from a correspondent at Washington, lets in a flood of light on the cabinet question. The confident tone in which he speaks of the positive selection of Gen. Caleb Cushing, of Massachusetts, for the State Department, we have every reason to conclude is justified by the facts in the case. Several of the latest pilgrims from Concord, arriving -in this city within the last few days, and several of our private cor™ respondents, North, East and South, sustain the declarations of “Premier” on this point, speak- ing with absolute confidence of the settling down of Gen. Pierce upon Caleb Cushing for the State Department. Now if this should be the case, the questions naturally arising, are :—Who is Caleb Cushing? What is he? What are his antecedents? What are his proclivities? Can Gen. Pierce build a Cabinet which will be a unit, upon this founda- tion? Will Gen. Cushing be satisfactory to the “old fogies,” to “Young America,” to the hunkers, the barnburners, the “hard shells,” and “soft shells,” to the Unionists and the secessionists of the South? Can they all rally upon Gen. Cushing? And if they cannot, what is to happen ? General Cushing, then, was a distinguished whig member of Congress in the revolutionary extra whig session of 1841. by the side of John Tyler and the democrats on those bank vetoes, together with Wise and Gil- mer of Virginia, and Proffit of Indiana, of the House. and Wm. C. Rives, of Virginia, of the Senate. And these men were christened by Mr. Clay as John Tyler’s Corporal’s Guard. They were not, however. neglected by Captain Tyler. Mr. Cushing was sent as Commissioner to China. Mr. Proffit on a mission te Buenos Ayres, Mr. Wise to Brazil, Mr. Gilmer was appointed Sec- retary of the Navy, and as for Mr. Rives, he went back to the whig church. was received in good communion, in the campaign of ’44. as an ally of Mr. Clay, worked hard. also, in the cam- paign of ‘48. for General Taylor, and was re- warded with the mission to France, which he still holds. Mr. Cushing. after concluding a commercial treaty with China. returned home ; and, having taken strong ground with the democracy, he was appointed by President Polk a Brigadier General in the army of Mexico, and was first attached to the column of Gencral Taylor, on the Rio Grande. He acquitted himself with credit of the duties aitached to his command, and we doubt not that his connection with the army in Mexico has had a good deal to do with the well known favorable predilections of Gene- | ral Pierce. Since the Mexiean war, the democracy of Mas- sachusetts have evinced the highest esteem for General Cushing. in running him as their candidate for Governor, their candidate for the United States Senate, and other responsible offices. He isa fine scholar, an able debater, and has proved himeelf a bold, active, and saga cious politician. We presume that if put into the State Department, he will not disappoint his friends; but may, perhaps, surprise the country with his profound capacities for the hard, knot ty questions of diplomacy with which he will have to grapple. With respect to his political proclivities, we apprehend he is identified with the progressive school of “Young America,” though not to the extreme filibustering propensities of the Demo- cratic Review. He is not an “old fogy,” we are quite sure, whatever that dreadful term may imply. He is not afraid of Cuba, and not in the least fastidious about proclaiming the Monroe doctrine. He isa believer in the old Roman practice of still moving the god Terminus a little further out, instead of restricting our boundaries by a Chi- nese wall of selfish conservatism. He is a firm disciple of Gallileo, and believes | that the world moves, while it seems to be | standing still. He thinks, with Bishop Berkley that the © star of empire” is tending westwar and that there is something in the maxim of | that hard old Scotchman, Carlyle, that “Com- | merce is King.” The atmosphere of the democra- tic party has expanded his views on the tariff question into the conviction that the policy of Robert J, Walker and the policy of Sir Robert Peel, dave done more for our com- merce agd that of the world, than all the bigh | Meagher, But he stood tast | time to be lost. Broapway Rarroap Insunctioy—Arracu- MENT AGAINST THE Common CounciL.—We fur- nish our readers, this morning, with an unusual quantity of law intelligence upon the interest- ing subject of the Broadway Railroad. First is the argument of that distinguished lawyer and jurist. ex-Chiet Justice Bronson, on the motion for an attachment against the Al- dermen, for contempt in disobeying the injune- tion of the Superior Conft. It is highly inte- resting, and we commend it to the perusal of the Aldermen. They have no friends, just now, poor fellows. es Second, is the decision of the general term of the Superior Court, delivered by Judge Duer; upon the motion, and deciding that each of the Aldermen who voted in favor of the Broadway Railroad grant violated the injunction,and must be punished for contempt of court. By this decision, a very important question of law seems to be disposed of. It appears that our Common Council have no more right to spend the people’s money and property than the directors of a bank or insurance company have to misappropriate the property of their stockholders. And, althongh the courts will not interfere to control the legislative discreti of our Common Council, yet they pretend to the right, and will interfere by injunction. to res- train the illegal exercise of that discretion. It also appears that our Common Council, in the exercise of their legal powers, are not above the law. but, on the contrary, are amenable and subject to it. Third, is the opinion of Judge Bosworth on the same motion. deciding that if the Common Council have the right to establish this rail- road, yet it isa palpable violation of duty to- wards the public to grant the permission to any body of men to establish it, and charge five cents fare, when responsible men have offered to do it, and charge only three cents fare; or to permit any body of men to run cars thereon, and pay a license fee of twenty dollars per an- num for each, when others offer to pay $1.000 license fee for each car; and that it is the duty of the Court to interfere by injuncfion. and pre- vent the consummation of an act so highly in- jurious to tax payers and the public generally These decisions are very ably written, and de-, termine questions of vital importance to every tax payer and citizen. By them, one very im- portant fact is settled, namely, that an alder- man is no greater man than any body else; and, although he may sit at the aldermanic table. and have the run of the corporation tea-room. yet he is just as much subject to the laws of the land, and as amenable to judicial authority, as any other citizen; and when they are snugly lodged in Eldridge street jail to expiate their offence in contemning the order of the Court, they will have time for sober reflection, and, at the expiration of their term of sentence. will come among us no doubt wiser and better | men. Who would be an Alderman after this? What is the tea room to them now? | The granting of the injunction having elicit- ed from certain members of the Common Coun- cil a great deal of comment upon Judge Camp- | bell. who issued it, we may here state that that | gentleman was, for many years, a practising lawyer at the bar of this city—was a Master in Chancery, and subsequently a member of Con- gress from our upper wards. Many were, therefore, disposed to think, at the time of his granting this injunction, that the Al- | dermen were rash and ill-advised in treating | his order go lightly. But as everybody appears to be down upon the poor Aldermen, we have a notion to take up the eudgels in their be- half. Somebody must do something for them. In the face of all this law, the chances ap- pear to be more in favor of the completion of the Pacific than the Broadway Railroad. But apropos: why don’t the railroad people get out an injunction against the Legislature? It is their turn now. Stop the philosophers in Alba- ny from voting on the railroad law. What is sauce, &e, Tux Democratic Review anp THE Wasu- isoTon Unton.—We make room, this morning. on the broad principle of fair play all round, for three articles on the troubles of the harmo- nious democracy, concerning the filibustering doctrines of the Democratic Review. The first is the merciless reply of the old /Vashington Union to the recent excoriation given it by the Revisw; the second is the commentary upon both by the Washington Republic; and the third is the letter of Mr. George N. Sanders, n response to the attack of the Washington Union. It is “a very pretty quarrel as it stands,” and it would be a pity to spoil it. It will be observed, hovfever, that “Young Ame- rica” is sanguine of bringing the “old fogies” up to the scratch of the progressive ideas of the age, and that the teerible work of scoring them into it is not to be abandoned. This is assum- ing the labors of Hercules; but Sanders has a broad pair of shoulders, a big head, and the constitution of a backwoodsman, and has fuat- fened, thus far, upon the sport of extirpating the ‘old fogies.” Like Hotspur, he can finish ® dozen or so before breakfast, and think nothing of it. How this Kilkenny fight will finally ter minate is another question; but from all the aspects of the political horoscope at this time, “Young America” has and will have the best of the battle. “But if such things are done in the green tree, what may we not expect in the dry?” Ah, ah! Scancery or S49 AT THe West INpms.—Capt. Dancomb, of the brig Walhonding, arrived yesterday from Ronaire, in ballast, having been unable to procure a cargo of salt there on account of its searcity. He also reports it to be very searce at Turk’s Island, and very high. Fanmmquakn Snocks at Favai.—Captain Morrill, of the ship St. Thomas, arrived yesterday from Fayal, informs us that two shocks of an earthquake were experienced there on the night of the 12th of January, One of them was quite heavy, and caused considerable excitement among the inhabitante. Personal Intelligence. fenator Soulé has been in town several dayr. turns to Washington to-day. A meeting haa been called in Philadelphia to take mea- sures for offering & suitable reception to bir. Thomas I’. who is about to visit that city. He re- NT a Te = , Emioration To Cattworais.—While the Eng- ‘ lish papers are teeming with accounts of’ the vast flood of emigration pouring out of their ports to the regions of Australia, we permit to pars with little comment a similar state of things here, in regard to our own gold regions. And yet the emigration constantly going on from this port to Cal!foruia, is hardly less than that which excites such attention im Great Britain. To be sure the mania which prevailed for the first year or two after the discovery of the gold mines has in a great degree subsided, butithas given place to an equally active, though more healthy «nd systematic affection What the gold fever originated, trade and com merce have strengthened and sustained ; so that still the tide flows on uninterrupted, aud undiminished in volume, binding in a closer and But itis not by the numbers of passengers alone, that the commercial and other relations existing between California and the Atlantic States can be estimated. Wehave another, and perhaps a better, criterion to judge by, in the statistics of the mails. letters carried out by the regular mail steamer, the Georgia, on Saturday, was no less than 50,- 496, and the number of newspapers 85.248. This immense mail required 177 bags to contain it; and we would be perhaps under the mark in es- timating the number of letters in the hands of passengers at 10.000. When it is recollected that this departure of pasrengers and mails takes place twice a month, and that the figures we have cited may be taken as the average fortnightly data. then the im- mense emigration constantly flowing from hence to the shores of the Pacific. and the extensive business relations existing -between these two points of the Union may be estimated. And while we do not anticipate any diminution in the former, the latter will. of course, be from month to month, increasing in direct arithmetical pro- gression, until, before its mighty proportions, our trade with Europe will sink into insignificance Similar facts indicate like results as between England and “Australia; so that within a very brief space. those regions which.a few years since, did not contain half a million of inhabi- tants. will have become the points to which half the commerce of the globe will be directed: Miracles have not yet ceased! More Sad News from the Sea, GREAT MORTALITY ON BOARD SHIP. The arrivals at this port yesterday, brought further in- telligence of the sad effects of a long winter passage on the Atlantic. In addition to the loss of sixty passen- gers by small pox, on board the Antarctic, from Liver- pool, which put into Hampton Roads on the th instant, the ship Celestial Empire, which arrived here yesterday from Liverpool, reports the loas, by dysentery, of one of the crew and ten steerage passengers. The following are the names of the sufferers, with the date of their de- cease, &c. — Dec. 22. Matthew Healey, aged 60, diarrhea. 24. Thomas Killen, sgea 60, age. Jan. 3. Carl Brun, a German infant, 1 year. 6. An Irish infant, aged 2 months. 8. Mierthe Murehy, aged 65 years, 9. Paul Angele, a German infant, 18 months. 21. Johan Wilhelm Schlass, 35 21. Jerry O’Bricn, Insh infant, « 28, John Lynele, I; boy, 9 years. 23, Henry Dennctt, seaman, of Castine, Me. 9¥. Adolphe Brieggmann, boy, 3% years. “ “ rT Ayaantery. ‘The Bremen bark Emma, also arrived yesterday, from Bremen, experienced on the 2ist December, a severe N. W. gale,during which she shipped a sea which washed over- board the second mate, started the deck cabin, and stove bulwarks. On the first instant, in latitude 82 32, longi- tude 72 82, the E, fell in with the wreck of an hermorphor- dite brig, hailing from Belfast, water logged and aban- doned. She hada house on deck, painted yellow, and white monkey rail. Her mast was cutaway, and boat gone. She did not appear to havs been long in that situa- tion. (From the description, this wreek was very likely the fore and aft schooner P. Patterson, of Belfast, which capsized on the Ist January, on her passage from Boston, to Wilmington, N. C., and since frequentiy fell in with.) If the wind that prevailed yesterday continues for a few days we shall have a large list of arrivals to reports and with them, wo fear, more distressing disasters. The February Term of the Law Courts, This being the first Monday in the month, the trial branches of the various law courts will assemble for the disposal of jury causes. The calendars are, as usual, heavy in point of numbers, and contain the ordinary classes of cases which generally occupy our tribunals: ‘There are several old and often-mentioned suits still pend” ing, and oceupy their positions where they wiil; doubtlesay one day or another be reached, and, perchance, disposed. of. Itis said that the jury, having been unable to agree in the trial of Captain Farnham, on a charge of man- slaughter, arising out of the steamboat Reindeer calamity? the United States authorities will proceed against him for the penalty of $200, which the law imposes for not raising the safety valve at every landing. The ims portant case of the Henry Clay steamboat disaster, in which so many lives were sacrificed, is set down for trial in the United States Cireuit Court for the third Monday inthe month. But the all absorbing topic in the courts has Leen, and will be, the Broadway Railroad injunction case. The Aldermen have been already declared by the Superior Court to be in contempt, and this day the motion. for an injunction against the grantees of the line will be brought on for argument before the Supreme Court. In the Court of General Sessions there will be ra- ther aon exciting time. The Recorder will preside. The Aldermen in rotation are Mr. Wesley Smith and’ Mz. ‘Tieman. The latter being absent fron the city, Alderman Bard, Fourteenth ward, will, by arrangement, sit in lieu of him. Tho calendar ig not made up; but, judging from the committals, it will not be very numerous when the time that his claysed between the two terms is considered. ‘The most interesting trial on the fapis is that of William M. Doty, which has been set down for to-morrow, and the parties notified. Mrs. Forrest having been for some time past, within reach of a subpoena, it will probably be tried; at least there will not be the same cause for delay that was urged in December. The most serious of the prison eases apppears to be that of the colored man, (Seaman,) committed for the murderous assault on Mr, Haydock; and upon those of the alleged delinquent policemen also; the Grand Jury wil! be called upon to pass, but the latter being oa bail, it is not probable they will be tried during the ensuing term, though bills of indictinent will probably be found. ' Manas Sowtac appears to-night at Niblo’s, as Norina, Brooklyn @ity Intetlt, FATAL Acomant BY THR CAVING Saturday afternoon, two rmall bo roll, eged ab about ten years, near the Navy atrects, while © m H. Clark, aged ath an embankment on Plymouth and John he former was instant killed, while t breast bone and two of his ribs broken. for the excrtions of Mr. James Short, who witne«wed the ocourrenes and oxtricated him, he also would have been As it is, he may recover. It ap- pears that for se past a nomber of boys made quite a lnrge cavity in the embankment, which was frozen, and building a fire underneath, the frost was thawed out, and the earth caved in while the two lads were under- neath. very possible assistance was rendered to the in- jured lad by Dr. Morris, who was promptly on hand. The Coroner was notified to hold an inquest on tho body of the boy Carroll, which was couyoyed to his i dence, corner of Hudson ayenuo and John #i ardnis’ feb, — firmer union the interests of the Pacific and At- lantic States. 3 The vast emigration tending from this point to California may be appreciated by glancing at the lists of passengers—given in another co- lumn—carried out by the thtee steamships which left this port on Saturday. for the Isth- mus. We have added up the numbers, and find the totals as follows:— Passengers by the United States to Aspinwall... 543 By the Star of the West, to San Juan 528. . By the Georgia, to Aspinwall Thus, the number of” The Celestial Empire has been two months at sea, with very heavy weather. When but a few days out she car- ried away fore and main top gallant masts, head sails, knees, bowsprit-shrouds, and sprung aleak, rendering it necessary afterwards to keep one pump going nearly all the time.

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