The New York Herald Newspaper, April 21, 1853, Page 2

~~ ARRIVAL OF THE ARABIA. THREE DAYS LATER FROM F:cpope, Increase im the Roy?y Family of Englaaa, Withdrawal of the Russian Army from the Turkish Frontiers. ‘ Important Statement of the Phglish Chancellor of the Exchequer. Mere Political Executions and Arrests in Italy, &e., &e., de. ‘The Cunard steamship Arabia, Capt. Judkins, arrived at Ahia port at sight o'clock yesterday morning. She reached | Bandy Hook at a quarter past one. She sailed from Liver- | pool at eleven e’clock A. M. on Saturday, 9th inst. | Length of passage ten days and twenty-one hours. ‘The Arabia has kad half her floats altered from thirty- | ix inches to twenty-five inches in depth, and next voyage | will have the remainder On the 30th, the Papal government concluded the loan | swith Rethschilds Brothers ‘or twenty millions of francs. The steamship Glasgow arrived at Glasgow, on the 8th fast., from New York, in twelve days and tweaty hours, mean time. The U.S. mail steamer Hermann, hence, arrived at owes on the Sth inst. ‘M. Kenshaefer is named Minister of Finance for Aus- | tria, and Gehringer Minister of Trade. The Archbishop of Rouen and the Bishop of Versailles have received the appoiotment of ‘‘Assistaats to the Pontifical threne.”’ Abank of credit fancier, with a capital of thirty mil Mens of francs, is to be established at Brussels. The Projectors are the burgomaster and the Jewish banker Bisehoifshein, The house of Hosschlieger, at Bremen, has fuiled; lia- bilities, $114,700. The government of the Grand Dochy of Hesse has au- thorized the establishment at Darmstadt of a ceatri bank of Southern Germany, with a capital of tty mil Hons of florins, ‘Phe Austrian embassy at Const anether note to ihe Divan, complaining of maltreat to the Christians of Dalmatia. The Porte promis quiry into the matter. . Servia is represented to be in an unquiet sta Cotton in England remains as at last advic stuffs were lower. Provisions rather dull. inople has presented at The Litsh Exodus, Aeorrespondent of the Dubiin Daily Express, writing upon the 5th instant, says :—* Whether for good or for evil, emigration from tiris and the adj counties eontinues to flow on witheut amy The Foam left our day, cuch suip bound 300 parsengers ang men & wg classes. The Je-sy and the Priv for Quebec, with upwards Perary men, with their fawiles, uany of w of the better cises of acres. Despsiring of th almost ali who po are about to a Bec about the All the vessels from this port are well found, and most comfortable as to modation. do, The owners of the vessels are Limerick merchants ”” ‘The Mayo Constituéion remark«:—'1' els at present | Jing at the quays of our seaports bave already had appli- ations for the fuilnutmber ef their berths. The class of emigrants at pre-ent leaving this county are, in very many fares, pervons whose friends, having before emigrated, were enabled to send funds to bring out their re naiaing welatives. Very many persons ef a superior class ure | Jeaving this county ior Australia, attracted thither by the | Vision of a golden harvest.’ Wexford Guardian says:—‘The exodus here see have assumed a steacy, increasing current, and emi Bration is the frequent tepic of conversation in most Parts of the county. The States appear the favorite land, | ay. few speaking of the Canadas or other British Colo The Limerick "Chronicle of the 5th instant, says :-— | “From the railway stations from Limerick to Clonmel, from Limerick and Galway to Dublin, and elsewhere | throughout the country. the people are fying in crewds to the ports of Waterford and Liverpool, to take shipping for the New World ; whilst in Limerick we believe we are correct in stating, that the ships already announced for sailing are filled, and other ships are eagerly looked for by spplicants every day, The rural districts and the mmalier towns ure tbe destination of remittances to an al most incredible amount frem America and Australia ;and | those remittances are sen! to enable those to bear their voyage expenses to whom they are directed. We hay deen informed by a respectable clergyman within the fast few cays, snch is the scarcity of men in his extensive hes, that he is obliged to send to a neighboring town laborers to till his fields. Another clecgymaa informs us that he is daily receiving remittances frova persons in America to pay passages for their rolativer in his parish 10m 2ty appe g the couutry also for Que It is spprehended in the neighborhood of the slite Quarries, that the enterprising jiled to curtail the works or to a af roprietor will be eom- ndoo them to some the libo Altogether ‘extent, such is the ers he Las been ewplo, ‘the exodus is alarm. emigration am for some years. E BIRTH OF A PRINCE—i. gland. LTH OF THE QUEEN—THE FINANCIAL PROSPEC OF ENGLAND—PROPOSED OPERATIONS OF GOVERNM. IN THE SOUTH SEA STOCKS — IMPORT DUTIES—THE INDIA —DESERTION FROM THE KOYAL BN THE ENGLISH CHAN CRYSTAL PALACE, DUBLIN STOWL’S ILLNESS — SPORTIN TRADE, REVENUE, ‘The Queen has given birth to another son, at Bueking- tham Palace, at a quarter past one o'clock P. M., 70 fast. Mother and cliild’are ‘as well as can be expected’? ke. There were present on the occasion, in ¢! ‘apartment, Prince Albert, Dr. Locock, and Mf murre. In the adjoining chamber were Drs. Sir James Clarke and Ferguson, the Duchess of Kent, the Lady in- Waiting, the Earl of Aberdeen, Earl Granville, Duke of | Norfolk, Duke of Wellington, Duke of Newcastle, Mar- | ‘quis of Lansdowne, Marquis of Breadalbane, Duke of Ar- | gyle, Lord Palmerston, and the Lord Chanee!lor. ‘The Chancellor of the Exchequer’s propused measure for the reduction of the national debt excited m tention in financial circles, The details of the plan were submitted to the House on Friday night, 8th inst. The plan, said the Chancellor, was divided into three portions. The first dealt with minor stock ehiefly, and the debt due to the touth Sea Company, which amounted, in the whole, ‘to £9,500.000, With respect to these it was proposed to | undertake a compulsory operation, for if the holders did wot accept the equivalent offered to them they should be paid off. Viewing the balances now at command of the Government this might be considered a safe operation, while the commutation of those stocks would effect a juarter per cent interest, representing an annual reduc- $ion of £25.00. The second part of the plan related to the issue of exchequer boncs; and the third to the volun- tary commutation of the three per cent stocks, repre- | senting a capital of £500,000,000. Both these plans had | one ultimate object, viz., to lay the foundation of a per- | manent system of irredeemable public debt, bearing two | and and a half per cent interest. Exchequer bonds, | which he proposed to issue, would be transferable by | simple delivery and without cost; they would bear interest, firstly at £2 15.per share for a given time, to be hereafter , and subsequently at the rate of £2 10s. per cent. After 1849 they would baredeemable; and, lastly, these bonds rhould not exceed £30,000,000 in amount. The bonds would be exchaageable with exchequer bills, from which he anticipated paying a reduced rate of interest. Ex ehequer bonds might be sold by government, and the invested in purchase of stock for the purpose of Cancelling it. The next point was the voluntary con version of the three per cent stock, any time between the passing of the act and the 10th of next October, to exchange them into exchequer bonds or two and a half Error stock ; he also propoved to limit the two and s | if per cents to £30,000,000, and by this provision the national debt would only be increased by a nominal addi tion of about £3 000000. This would be but a small fum. comparatively, while the object of the government would be gained in’ making irredeemable the two and a per cent stock. These were the main features of the | gcheme. After remarks by several members, chiefly laudatory of the pen, the resolutions passed in com mittee, and, on the House resuming, were ordered to be brought up on the Monday following. The other busimess in Parliament has not been impor- ant. The Chancellor of the Exchequer stated that gov. ‘ernment had no intention, at present, of adopting a deci mal currency, although admitting the importance, an te an extent, the desirableness of such a standard, and ‘would assent to its referred to & committee. Mr. Oliviera brought forward his motion to reduce the import duty on French wines to one shilling sterling per gailon. The Chancelor of the Exchequer declared it impossible, on financial grounds, to accede to the proposal, and so the matter was withdrawn. The Chancellor would, hower er, make a further statement on the 18th. A bill to punish avsaults committed on women and children was ‘under discussion, and Lord Palmerston made some effec rk; corporal punishment. On Thursday sees of congratulation to the . Some discusson took place in the Lords on the affairs of India, and also on the mal-administration of the Business of the New Zealand Emigration Company. The evening was wholly occupied by the Commons in a de- bate on the state of the Irish consolidated annuities. The following is a more detailed abstract of the quarter's ‘Fevenue than that we received by last mail, Accounts ere made up to Sth April, inclusive, and the balance of imcrense, as compared with the corresponding period of Preceding year, is £44,613, which is accounted for thus:— Increase. + £28,517 141,764 $3,406 24,000 ‘Total ordinary revenue..,, Ieterest and other moneys Repayment of advances... Quarter’s total frre, £182,199 184,572 395,980 £44,015 i | and kilt | Gri | for the reception of the Emperor on his journey into | | tem Upon the whole year, to 5th inst, inelusive, there was tnitcreane of £98600) aa compared with tesaine period yoor. “ws A commission ix about to isgue, under direction of the Fereiga Ofiee, te inquire tmto. th : and 30 often urged on Pasi it and the public by Mr, Hume, Iv is understood the investigation will take place at Sings) where witnes: es are to be examined. There have been numerous desertions from the ships of war lying at Plymouth. The Plymouth Mail says 1u9 men ure absent without leave from nine ships, of whom no fewer than sixty are from the Vengeance and tweoty trom the Senspareil, The cause is said to be disgust with the recent flogging of one of their comrades. Sir Thomas Mitchell's new * boomerang” propeller had been tried in the steamship Genova, in the Mersey. The trial could not be called conclusive. Au average speed was however attained, in slack water, of nine to nine and | # quarter knots, under six to nine pounds steam. » A meeting, susnmoned by the Mayor, had been beld at Neweastle, calling on the governmeat to aid Turkey dgainst the desigas of Russia and Austria. It was nu mereusly attended. A new committee has been formed in London with the laudable purpose of relieving and pro- curing employment for Italian refugees. Surtmises were current in the London market that the Chinese government intends to legalize the trade in opiaza This opinion was founded on the following notice in the Pekm Gazele, the government being probably driven to the step by want%f funds :— On the 27th dagéot the 11th moon. high commands ‘Were received :—A memorial has been pro- sented by the censor Chang-Wei, stating that the laws against opium are inoperative by reason of their excessive severity, and proposing to abate the punishments and in- creaze the fines, Let the mine great ministers and high chancellors of the general council of State take this matter into mature consideration aud report the result of their deliberations to us. Respect thi Mrs. Stowe’s illness has, as was natural, eaused much regret in religious as well as abolition circles, it having deen understood that one object of Mrs. Stowe’s selecting April for her viait to Britain was to attend the May moet- ings at Exeter Hall. Some of Mrs. S's friends looked for her by the Canada, from Poston, 30th ult. Lord Skelmersdale is dead, aged eighty-three, He sat in the House of Commons from 1795 to 1828, but was not much distinguished, Eprom spring races were run on Thursday, 7th iast. An estimate is prepared for Parliament that an addi tional sum of £200,000 will be required in 1863-54 over the ordinary grants for army, navy, ordnance and com- uissariat, to weet the expenses of the Kaffir war. Fight or ten vessels went ashore in the English Chan- nél, on the French and English coasts, in a fog, on Wed. nesGay morning, Oth instant. Most of them are complete wreeks. Six lives were lost, none of whom were Ameri- cans. Ase (December 8, 1852,) these ding gave way in the Dublin Crystal Palace, d five we i ng eight othe A Mr. Ross, from Canada, had an official interview with the Duke of Neweastle, at the Colonial Oiice, on the 5th instant. We notice the names of Col. La at Sir Roderick Marchison’s soirée, as Pi at of the Royal Geographica Most of tha foreiga minis ters, except thi present at the Chancellor of the bx reception at Downing street. Messrs, George Peabody & Co. had published the pros- nee and Mr. Treseott pectus of an issue of fir, tgage bonds ou the Cinein nati and St. Louis Railway. A deposit of ten per cent was to be paid immediately. aud the remaining insial ments on the Sd of Mu Robert Bogle is app and ihe Ist of September. ved as Consul in Jamaica for the pa a heir i a. Every information likely to be of use bad ded him, untmportant—that is to ave no open accounts of the action of Frenco er in the Turkish or nin questions, aad no movement of importance at hore. Some ‘ew persons yet decline to take the oath of allegiance. M. Montalembert hus written a satirical letter on the corps legi a few sly ents at the Senete and Emperor, and thi fusion, circulated in manascript, has been quite the event of the week. Napoleon had been sick for a day or two. He and his young wife lead quite an active life, ng about the city and paying and reeeiving visita. On Wednesday, 6th inst., the bureau of the corps le- islatif concluded their discussions on the budget of S54, and choca their commissioners. The fizures are | not yet made public. However, the Emperor is reported to hav formed the Court of Accounts that if the reve- nue continues to improve in the same ratio av now he will oon be enabled to remit nearly thirty millions of the land tax. ‘The earthquake on night of Ist inst. was felt not only at Havre and Cken, bat also at Falaise, St. Lo, Alengon, Rennes, &t. Brieux and Nantes. The shocks lasted from six to ten seconds, but no damage is reported. ‘The Municioxi Couneil of Brest has yoted 100,000 francs Brittany; and the Council of State has urder consider: tion a projet d Ini to grant a pension, with arrears, amount- ing to 236,000 francs, to the Princess de la Moskowa, widow of Mar+hal Ney. ‘There is quite a or rather unctvil war, raging at pre-ept in the Galfician Church, with an immense expen- Citure of ammunition in the shap2 of pampilets, ser- speeches, attacks and retorts. The dispute, as be- entioned, arose respecting the comparative merits religious and civil ceremonies in th: rament of watrimony. but has since spread to other s . The Bishop of Orleans aud the Archbishop of Paris lave just token the field, A cang Of swindlers had been doing a good business in i Z subscriptions in the departments for a sword d shield of honor to be presented to the Emperor. The fellows were particularly successful among the govern- ment officials, whom they threatened to expose to the Fmperor if they did not subserite liberally. The game is now up, and the police put on their trail. Legal proceedings were to be taken in the Correctional Police Court of Paris on the 12th, against the par: ies recently charged with sending false news to the Bel- gian journals. Thi known as ‘the affair of the foreign correspondents,” never had any importance, notwithstanding that it suited the objects of certain erties to give it prominence in their letters to the Eng- sh papers. | A letter from Draguigan mentions that the hills near that town were covered with snow three feet deep, and that the cold bad been unusually intense. } Great excitement prevails throughout the manufac- turing cities of the north, growing out of the report, & nerally believed, that the government is about to mo- dify the duties on cotton. An association of the manu- turers of Rouen, Lille, Roubaix, and Mulbausen, has been formed under the presidency of M. Henri Barl to oppose, as faras they can, any change in the present cotton tariff. France is accused by the foreign press, | resolution of his Majesty the know what truth, of lukews: strances with Austria in favor 0 ‘ount de Pontécoulant, ex- died recently, in his 88th her iemon- ator and peer of Franc year. | Accounts from Martinique and Gandaloupe are to the 1sih ult, At that date the islands were healthy. Preparations continue for the inauguration of Napo- leou’s tomb, on Sth May. M. Thibault, Bishop of Moutye- ier, one of ihe most eminent orators of the French church, | is selected to deliver the oration. | News arrived in Paris on Wednesday of the escape from the prison at Bellisle of the famous Blanqui, accompa: | nied by unother prisoner whoce mame has not transpired. Blanqui was subsequently recaptured by some peasants and given up to the authorities | M ‘The sbares of the Imperial Transatlantic Packet Compa- ny came out on the 5th inst., at 55f. to 66f. premium. Beranger is not dead, says the Siecle but in excellent health. It is astonishing what a variety of stories do cir- culate in Paris without a shadow of foundation. ‘The Moniteur denies that there is any intention of modi- fying the conditions of civil marriage. The Assemblee National and La received a second warning. ve ‘Mode newspapers have | Spain, MINISTERIAL PROPOSITIONS—LATEST RBPORTS TO | GOVERNMENT FROM CUBA—ANOTHER ROYAL BIRTH — TUE ARMY CONTINGEN ETC., ETC. Ministers had called a meeting of the government sup- | porters in the Deputies, aud laid before them the mea sures to be proposed to the Cortes. These related, first, toa reform of the constitution; second, « law of entails third, @ bill for the conversion of the floating debt; and fourth, a bill to annul the extraordinary credi:s granted last year. To all these measures the deputies promised their support. On the Ist instant, the Minister of Fi nance laid before the Chamber a project of law for the adoption of a decimal system of weights and measures. ‘The Senate refused to diseuss further the complaints of Narvaez. Cuba is officially reported quiet, up to the 1st instant. On the 20th ult., at Toulouse, a son was born to the Duchess de Sewile, wife of the Infante Don Enrique dv Bourbon, brother to the King of Spain. This new mom- ber of the royal family is christened Francois Marie Tria- ité Henri, &e. A royal ordinance commands the enlistment of 25,000 men from the contingent of 1853. Hi Chiclanera, a famous bull fighter, was buried with great pomp at Madrid the other day, Portugal. The Princess Donna Maria Amelia, of Brazil, died at | Fonchal, Madeira, February 4, aged 21, Her body will be brought’ by the Dowager Empress to Lisbon for inter. ment with the remains of deceased's father, Don Pedro I. Holland. The Fmancipation Belge of the 6th inst. says that the reestablishment of the Roman Catholic Hierarchy in Holland is not to be carried into effect without opposition by the Protestants. A petition signed at Utrecht by 4,628 persons, demands that the king, in virtue of the powers conferred on him by the constitution, shall refuse is anthorization to the title of either metropolitan or | suffragan bishop. Petitions to the same effect are in course of subscription at Amsterdam, the Hague, Kotter dam, and other principal cities. ‘ Germany. STATE OF THE WEATHER—SHIPPING TRADE—rMI- | GRATION—-WAKLIKE MEASURES, ETO. Hamburg advices of the Ist inst. mention that the river is free from ice and shipping business active, em) gration moveroent was setting in towards Australia Paden letters of the 31st alt. sey thata coali Sta‘es of Southern Germany, for the purpose of estab ing —— against Switzerland, was seriously con inte mismaticts will have an opportunity of making ad- Citions to their collections during this summer, the mu nicipality of Leipsie having resolved to dispose of their collection, which contains 10 000 specimens. Berlin papers contain a statement of the infamous treatment to which a party of German emigran nt by contract from Hamburg to Rio Janeiro, recently were exposed, | Aldridge’s talent was properly appreciated | was perhaps greater im “ Shylock” than in any other char erRiA—T: COMMERCIAL TREATY WITH AU! ‘AND MILAN CONSPIRACIRS—ABREST oF @ueriN GUISHED POPULAR LEADBRS—THE MADIAI FA- MILY. Frem Berlin, on the 4th inst., it was anmouneed that the treaty which tes the Zo\lvereim for twelve years, wi the regent? La Praga 9p had nore | ned by all the plentpotentiaries. ‘commercial ote of the Isth of tee between Austria and Prustia, bas also eeeived their adhesion. Discoveries made by the police, in their arrests at Por- lin, prove that the conspiracy was in close alliance with the ftatian one, of which the unsuccessful outbreak at Milan sas the manifestation. M. Kinkel is deeply mixed up in the Perlin affair. Dr, Frankenthal and Dr. Laden: dori are the two persons of most note arrested. ‘The King of Prussia has offered the Madiai an asy!xm in bis country, but it is thought they will prefer pro- cceding to England, Austria, IMPORTANT ARRANGEMENT WITH ENGLAND UPON THE REFUGEE QUESTION—MORE EXECUTIONS— DEATH OF A CARDINAL—STAGNATION OF TRADE. FrAccounts ‘rom Vienna confirm that the refuges ques- tion between England and Austria ‘s settled, by the former Prmmising te keep a close supervision, over the refugees in London, and subjecting them to prosecution whenever they make themselves amenable either to the English or in- teruational law. It is stated in another eolurap, on the authority of the Paris Journal des Debats, that Austria has einptorily refused the demands of Sardinia, relative to i naturalizedeitizens. We lave little to throw light on the true state of matters, M. Rauscher is sppuinted Archbishop of Vienna, and will shortly be enthroued by the Pope’s nuncio. ‘Austria intends to establish a consulate in Montenegro. pe Vienna the stagnation of trade becomes greater aly. Eight persons were shot at Csongrad, in Hungary, on 19th ult., for drinking with three notorious guerillas, in- stead of informing against thom. A ninth person was shot at the sume place for abetting the escape of another rebber, by giving a fulse name to the gendarmerie. ‘The government hus offered a reward of 10,000 florins for the apprehension of the celebrated guerilla chief Rozsa Sandor. Yinximilion von Somerau Beeekh, Cardinal Archbishop of Pregue, died at Prague on 31st alt. Switzerland. « AUSTRIAN INVESTMENT OF THE FRONTIER—RAIL- ROAD OPERATIO! LETTER OF THE KING OF PRUSSIA EWSPAPER POLITICAL TOPICS, ETC. The Ticino Gazette has this official notice from Lagano, April 1:—‘* In order to prevent all exaggeration ¥e cou- sider it expedient to announce that last night an Austrian patrol, consisting of two soldiers, two frontier guards, and a non commissioned officer, was arrested on the ter ritory of Ticino, near the Gaadria line, towards Lake Lugano. On ascertaining that the soldiers had trespass ed through ignorance of , the real frontier line they were Hberated The srrest was made by the federal frontier guord.”” From this it would appear that the Austrions invest the frontier closely. The Gasetée also states that the King of Prussia, sat- © up his claim as Privee of Neufchatel, had declared he {would not, ratify the sets of the present government respecting ruilzoad grants, ‘The following are the words of the note in which this determination is expres “Up to the present time the establishmont of railroads in the principality of Nenfchatel nas been abandoned to private enterprive. But if the demand for a public guar- antes which has been made should be renewed, it would be very important to the parties Interested to know what is the cpipion of the royal government on this subject. This opinion is geverned by cfreumstances. ‘The royal government does not intend at this moment to explain viself as to the advantages to be obtained from ® railroad runping through the principality, either as regards the choice of the direction, er as regards sailvoads in general; but as ‘the royal not recognize in the men who overnment does fave now the power de facto im the Prineipailty of Neuf. chatel the right of burthening the country with guaran- tees of interest, or other obligations of that nature, the ng, after the re establish went of legal order, ‘will not depend on what the present | government of Nevfehatel inay have done or ordained, without right on this subject, but solely on consider: ations of general interest.” ‘The Swiss and German newspapers continue to wrangle respecting the existence of a clause in the protocol of London which will give Prussia the right to assert its sovereignty over Neufchatel. The German papers mAin- tain that such a clause does exist, while the Swiss stoutly | deny it, Italy. THE MILANESE SEQUESTRATION—THE SLAVE TRADE BILL OF SARDINIA—A HIGHWAYMAN'S COUP D'ETAT—AN ENGLISH MONUMENT TO A POPE—FUR- THER PLOTS AND MORE ARRESTS. From Turin 3d inst., brief despatch stated that the ne- gotiations with Austria on the subject of the naturalized emigrants had taken a more favorable turn. On the other hand, the Journal cles Debais of the 7th states that Mr. Buol, Austrian Minister of Foreign Adlai for: wally refused the demands made by the Piedmontese government respecting the sequestrated property of the Milanais and Venitians vaturalized as Sardinian sibjects. | M.de Revel, Sardinian Minister at Vienna, is preparing to return to Turin. In the Sardinian Chamber of Deputies, the Slave Trade Repression bill was finally passed by a vote of 79 against 3G, The only clause that provoked discussion was that relating to the right ot search, ‘The mail coach from Novara was stopped a few nights since near Cigliaro by an armed band of some twelve or fifteen robbers. The passengers haying been mde to alight, the robbers took possession of a box containing 12,000 franes in the Piedmontese coin called moullet. This coup de main is attributed to a notorious robber | named Mottino, alias Bersagiiere, who recently escaped from prison at Turin, Singularly enough, this mau’s biog: apby, presenting him in favorable eolors, is allowed to be told in the streets of Turin, and, together with the charitable nse be makes of a portion of bis plunder, has invested him with quite the character of a hero fn the eyes of the populsce. Mottino is a man of polished man- ners. He ‘antly offered his hand to the Countess of Valfré to assist her in alighting from the « ordered his men to take nothing from the ladi accept from the gentlemen only what they were pleased togive—that isto say, he allowed some of them to re tain their watches. Accounts from Milan state the rigors practised by the Austrian authorities begin to be slowly relaxed. The public on the bastions during daylight. The English in Rome are moving to erect a monument to Pope Adrian IV., the only Englishman who ever sat in | the papal chair, Naplos letters of the 27th ult. report society to be in a very feverich state, although no actual outbreak had occurred. Large numbers of persons are beiog quictly expatciated, ‘The prisons are full, and yet arrests con- i ‘he “insurrection at Palermo,” so reported via appears to have been merely a small affray, in which’a soldier was stabbed, although the police pretend ed they had discovered in it a plot to aseassinate the Viceroy. At all events, some men were shot by way of expiation. Turkey. \T OF THE RUSSIAN ARMY--THE FRENCH HE FRENCH FLEZT—THE SULTAN AND NAPOLEON—MOVEMENTS OF THE TURKISA FLEET. A despatch of the 28th ult., received at Paris from Constantinople, announces that J’rince Menschikoff had bmitted a draft of s convention. He had received sat- isfaetory assurances from the Vizier, and the Russian army had been ordered to retire from the Turkish fron- tier’ From Trieste of the 6th inst itis stated that the French fleet had been seen off Cape Matapan, The Paris Constitutionnel snys:—“At the date of the last accounts from Vienna, an envoy extraordinary from the Sultan, charged with @ special miseion to tie peror, was daily expected, He will be the bearer of an autegraph letter from the Sultan. This envoy will be ha Effendi, one of the Sultan’s aids de camp, and who enjoys the fullest confidence of his sovereign, aad | his selection for this mission will be a proof of the re- | newal of @ good understanding between Austria aud the ‘orte.”” ‘The Torkish fleet has left Antivari and retired to the | other Albanian ports, to await orders from Constanti- nople. India, The Burmese war was progressing. The last accounts received in England from India showed that the native troops in the employ ot the Company, with the seamen and marines of three of Her Britannie Majesty's ships of war, suflered a deadly repulse at Donabew, on the Irra- waddy river, There were twelve men, including three officers, killed, and seventy men mortally wounsod, by | the Burmese forces, Music and Theatricals Abroad, At Milan, after being closed since the late insurrection, La Scala reopened on tl ‘th March, with Verdi's ‘: Rigo- letto.”” The audience, as might be expected, was scant in the extreme, and the shadow of passing eveuts,ihrew its gloomy influence over the entire representation. awa Verdi’s new opera, ‘La Traviata,” was produced at Ve March, at the Fenice, but with far Jess to the Pirata, than usnally attends The subject ix that of the but the nice on the 61 snecess, accordin the worka of this maestro. vaudeville piece, ‘*La Dame aux Camelins; libretio and execution are desoribed and hence the failure. Parts of ti Axa last chance of keeping open her Majesty's Thoatre, London, and raving the interesta of the Property box owners, & proposition has been made by Signor Pugei, and Messrs. Robertson and Nugent, to earry on the per- formances fora season. In case tlie propoval is accept ed, the first named gentleman has already prov’ company, M4 Mr. Sands, am American, has been performing the feat of “walking across the ceiling,” at Drury Lane, London, Anew prima donna, her first appearance at the Son Carle theatre at Naples, and was repeatedly hissed by the audience, Irritated by the hisses, she suddenly leit the stage, and the curtain fell; but the police immediately marched hor off, in hor theatrieal dress, to prison, where she remained for forty. eight hours. The amount of money circulated by musical speeula tions in Hala in enormous “s fed the receipts of the theatres, concerts, Ke , amounted to 1,122,400 francs (about £45,300), , A letter from Vienna, of the 19th March, saya :—Ira Aldridge played here for the twelfth and inst time yes terday, As the higher classes in Vienna gencrally unter stand Faglieh, the theatre was alwaya well filled: but it was not until people had become somewhat accuatomd to the peculiarities of the English stage declamation, that His success acter. but his © Othello” was also much admired. The Lady Macheth excited the laughter of the Vieunese, who hava long been accustomed to see the part admirably playod by Macame Rettish, and the consequence was that the tra gedy did not take. The combat between ‘ Macbeth ’ and dinedulf,’? which was conducted in the style that we aro accustomed to see “on the other side of the water,” quite astonished the distinguished audience, which had always been accustomed to see the man who was not of woman born, kill the usurper without difficulty. Mad’ile Marthe a beautiful and charming actress, at the Gyrmnave theatre, in Paris, has committed suicide un r very distressing ereumetances, She was much at tached Wo ile Prince Camerata, a relative of the Empo permitted, under certain restrictions, to walk — i amed L’Alaymo, has recently made | in the month of December | acer) Bumber of faudeville, Gym- nase, and Varietes t, and aecompa- nied the remains to the cemetery tmartre. A Spanish danseuse, Pepita de Oliva, has been creati: a furore at Leipzig, by the performance of several nationa! dancer, which im grace and eriginality. At the expiration of her engagement * for The programme of the seventh Ge wandhaus-eoncert ere universal satisfaction, and the series hii has been pronounced in every respect excellent. Anew has been represented at Dijon by a local eomporer, M. J. J. De Villemant, pupil of M. Halevey. It is replete with agreeable melody, and is written boldly and correctly. ‘The theatre at Marveilles has not lately announced any important novelty. ‘Norma,’ with Mines. Lafont and Charton Demeur, always attracts a crowded audience; the “Farfadet” and ‘Les Porcherous” have also proved very amusing. Fortunately, some excellent concerts have atoned fer the vant of theatrical attraction, Ernst has ‘been here, and has appeared in public four or five times; reareely had he departed when Vieuxtemps arrived and achieved a triumphant success in a series of entertain ments, chiefly remarkable for the display of his own great ability. ‘The dancing of Mario Taglioni at Vienna is now tho rage, end forms the topic o! admiration amongst the eri tics and the publie; her appearance as Satanella, iu the ballet of the same name, was hailed with the utmost en- thusiasm, Musicians, as well as poets, are now busily oc- cupied in expressing the public gratitude for the deliver. ance of their Emperor. On the lst of March Herr Cornet commenced the direction of the Court Theatre, in the place of Herr Ven Holtein. ‘The new Philharmonic gave their first soncert at Exe- ter Hall, London, on the 16th March, under the direction of Sir Charles Fox and Dr. Wyld—Mr, T. F, Beale, the largext music publisher in Kurope, and the liberal sup- porter of all artists, having withdrawn from the direction in consequence of the above parties having refused to re- Hector Berlioz as conductor. ‘There is no doubt that the last year’s great suceess ef these enterta’ ments war chiefly owing io Mr. Beale’s untiring efforts, and the great genius of Hector Berlioz, On this occ Mademoirelle Clauss, the youthful and brilliant piano: forte player, ereated quite @ furore Reeves, ax ueval, was ill at a moment’s notice, his usual custom of an afternoon, but in this case we know that the great English teror was sufering from a severe cold Monsieur Wuille—the most astounding clarionet player Europe has ever heard, and who by-the-bye, is enqaged by Monsieur Jullien for the American tour in Angust—played a eon- certo, by Lindpainter, who made his first bow on this oc carion to an kinglish audience, as conductor, There can be no doubt of his sterling talent, but he is wanting in that brilliancy of imagination which so electrified the an- ditory on every occasion Hector Berlioz conducied last season. Lindpainter ix well known as the author of the popular ballad of “The Standard Bearer,” sung wit uch expression by Pischek. Markets, BARING BROTHERS AND CO.'S CIRCULAR. Lovo, Friday, April 8—5 o'clock P. M. In the colonial and foreign produce markets we have again to report a want of auimation, with a downward tendency in the value of several articles, a3 an increased desire to realize has beea manifested by importers. Money continues in demand; but no change has been made in the minimum bank rate of discouat. The amount of bullion by last week’s return was £19,122,996, showing a decrease cf £40,150. It would be premature to com- ment on the government proporal of dealing with a cer- tain portion of the national debt, until the Chanceilor of the kachequer has made his statement in the House. In the precious metals no change in price has occurred; the dollars lately arrived by the West India steamer have been sold wt 45. 115¢0., and the bar silver at 6s. Consols leave off 100% «'\0024 for both money and | account, Exchequer bills 5s. a 93. premium. AMERICAN STOCKS. —Baring the past week, about 1,900,- 000 dolisrs of first mortgage bonds of the St Louis and Cincinnati Railroad Company, bearing 7 per cent interest, have been placed at 9234, and 45 6d., payable here; the mterest to be paid in New York. Ta other American secu- rities the businers has been trifling. Some small sales have been made of United States bonds, 1862, at 104 a 106; of the certificates, 1867.8, at 109 a 110; of the bonds, 1838, at 11034 a 1113; of Maryland sterling at 984 a 9014; and of Boston city stock at 10134. Pennsylvania inscriptions are offered at 8/2 89. Mossachusetts 106 a 107. Virginia $9100. New Orleans city stock 95 a 04. Cocmixrat, —448 bags offered at auction have found ready buyers at full rates, Honduras silver ds, 11d. ads, | 4d., black 4s. 4d. a 5s. Od., with pasty from 3s, dd. » 3s, 10d., and ‘Teneriffe from 48. 2d. a 4s. 44. Cocoa is firm, We quote Trinidad 314, a 42s.; Granada 20s. a 87s. ; Brazil 26s. a 27s, €d., Guayaquil 33s. a 353. Corrre.—By private contract there has been little or nothing deing this week, and the quotation for native Ceylon is nominally 46s, a 48s. 6d., holders continuing to manifest great firmness, notwithstanding the dull advices from continental markets. The public sales on the whole have gone offsteadily, comprising 5,500 bags Brazil, which chiefly found buyers from 42s. a 46s. for sound, with da- | maged st proportionate rates; 400 casks 656 bags planta. tion Ceylon, mostly taken from 50s. O78. a 66s. Gd.; 140 cases Neilgherry sold at 543. €d, a 65s. 6d.; 110 cases Fast India, from €0s. a 78s. ; and 200 packages Mocha from 71s, ails. €d, In Holland, by returns lately received, it ap- pears that the Trading Company’s atock on Ist instant was 800 bags, against 201,400 same period last year, while the second hand stock lying in thelr stores consisted of 287 819 bags. against 293,080 bags on Ist April, 1852. Correr.—Prices remain nominally as last quoted; but demand is slack. and the tzudency is downward Corx.—The corn market, with large arrivals of wheat and flour from abroad, has been very quiet this week, and both articles are rather cheaper to sell in quantity. ‘Last weeks average of English wheat was 44s. 4d., and the quantity returned 82,554 qrs. We quote United Hates Rour 23%. a 98s. per bbl. for sweet, and choice brands would bring 6d a 18. more in small parcels. Cort0n.—Zhe sales for the week have been 2,400 bales Fast India, with a steady but quiet market and no change in value. A? Liverpool, yesterday, they quoted middling Orleans 5%4. per Ib. F Daves, &c.—the public sales yester lay consisted prin- cipally of seeond hand goods, for which the usual disin- clination to purchase was manifested, and little real pro- ress was made in realizing. Gutta percha was held at fo and Java India rubber at 71d. Camphor is not sale- able over 100s. for China. Cutch has advanced te 2ts. 6d. Gambier, 258. Saffron, 228. Quicksilver, 2s. 3d. | Heap —St. Petersburg clean is steady 600 bales damaged Manila at suction met etition, and realized full prices. 26 bales Sunn brought 2010s. a £21. 1,200 bales jute brought £184 £19 10s. for ordinary to good fair. Ip1Go.—The market for East India continues extremely firm, at from last sale’s currency to dd. advance. 36 serons Guatemala have soldat auction from 3s, 8d. a 6s. 1d, for ordinary Cortes to good Sobra. Inox. —in thistrade we have not much change to notice. | We quote Welsh bars at £8 a £8 5s., and rails at £5 10s., fige on board in Wales; but with an order in hand for forvard delivery, some concession might probably be made. Scotch pig is rather cheaper—sny ois. for good mixed numbers. free on board at Glasgow. LinsteD CAKES move off slowly. We quote best New | York in barrels, £9 5s.; Boston, in bogs, £9, New Or- leans in casks, and other thick round, £7 10s.; 'while for | London made there are sellers in quantity, at £3 5s, Ous,—55 tuns British caught sperm at auction to day | partly sold at £90 a £00 10s. We have no change to re- pert in common fich. Of clive a cargo of Malaga has been sold afloat for St. Petersburg, at £67, while Galli- | peu is firm, at £69 a £70; palm, 338.; cocoanut, with jarge arrivals, is quiet, . a 408.; foreign rape is pressing on the market. 4g. for brown, and dé. for refined; linseed is again lower, having been sold at 27s. Qd. and even 27s, 6d on the spot, while for forward de- livery there are buyers at 28s, 3d, the from 9s. a 10s. for middling pinky to white, while 1,300 bags damaged sold steadily, from 63, 6i. a 8s, 6d, "We | quote Bengal 95. a 11s, 6d. SALIPEIKE.—We note sales of 3,000 bags Benga! at 268, a 208, for 10 to 2% Ibs., the market closing quietly, Ni- trate soda is held at 20s. a 20s. 6d. in retail; 350 bags sea damaged, sold (with all faults) at 17s, Srevren duil at £21 10s. 9 £21 Ss. on the spot, and £21 ive. Sheet zine has declined, and can now be bought at £25. Srices.—Sales have been confined to 92 packages nut- megs at 2s. id. a 3s. 9d., and 20 cases mace at 2s. 8d. a de. SUGAR.—The sales of West India for the week bave been | confined to 700 hids., for which a decline of fully 6d. per owt. has had to be submitied to. 600 bags Maur 3) Bengal, Madras, &e., have been offered at auction, and chietly realized ut a similar reduction. The redned mar: ket is dull, and rather lower, By private contract busi- ness has been confined to three floating cargoes, viz. — 784 boxes white Havana at i0s., for the Baltic, 1,272 boxes new yellow (No. 1234) at 24s., and 50,000 bags brown Pernams at 19s. Ud., the two latter for near ports, The covtinental advices are devoid of interest. Taisow is firm, ut 45s. on the spot, and 463. Od, for last thiee months. ‘Tes —18.625 pkgs. have been offered at auction, of which 5,200 found buyers; greens going off with spirit, and feavewaer rather dearer, Common congou brings 103 6 British is 68 lower Blocks 1168., bars 117s, refin 1 ond straits 112s. 4113s, Tin plates dull. Torventine dull with arrivals. We quote rough 12s. 0 12s. 6d.. with sales of 1,200 bbls. good ata latter rate, Spirits dull av 67s, for American; British 553, Rosin 5s, a 12s. ‘present quotations are— 119s. Kast india, banca WuHaxenone entirely neglected, with eager sellers at our last quotations. | GEORGE BADENACH'S CIRCULAR. | Livervoot, April 8, 1853. | Beer —We have again considerable importations, and but little do mg, except in the finest descriptions, for which a jo Jess has been taken, Pouk.—-Nothing reported in this article during the week. We have large arrivals of French. Bacon.—Some small parcels haye been taken at 503. a , ard the articie is seemingly wanted, noue being on market; a ale, to arrive, is reported under these a 2D.—A moderate business has been done at the quo- tations: the article seems inclined to be steady, (at about the present price, Arrux.—Small parcels of russets continne to be re ceived from Boston and New York, aud, whea sound, realize 21s. a 228, per barrel. JAMBA M'HENRY'S CIRCULAR. Livenroor, April 8, 1858, v8.e-A few imports of bacon have been quickly ull rates—none remain vn olf, Cheese hi | been cleared at to 58s. In beef o¢ pork there have been no transactions. Gumneanon Bask sells slowly. Tarn is better, 61a. now is freely offered, and no sellers, Stocks small, and consumption improving. Tarsow is more active, and Od. dearer. Croverske is neglected, the only transaction being a reshipment of 200 tierces tagyew York. Rv e —Carolina rice is dw Burapsvurre.-A speculat! as appeared in and allofiering at the inside quotetion Provi 0, | flor has boen taken up by epeculators ana deslers. A large busiiiess has resulted. Whent having receded 1d. to 2d. per 70 ve attention, Whi and has re Vhs. bas met with more corn bas been much pressed ex ship, | 49s. ¥elow is unchanged, Rice. —11,200 bags Madras at auction have been realized | heav: ory) Stock, bis Attorney’s Lien for Costs. COMMON PLEAS—GENERAL TERM. Before Judges Ingraham, Daly and Woodruff. Ward, Survivor, agt. Wordsworth, impleaded with Si —This cace decides the important point that the Code has not taken away from the attorney his lien for his costa. Judge Daly—This is an appeal from an order made at ‘The defendant, Wordsworth, recovered jndg- against the ms Plaintit{ for costs, The defendant paid the judgment to Wordsw dit was regularly satisied of record. Wordsworth’s attorney moved to vacate the satisfaction, claiming to have a lien upon tho judgment for his costs, of which it appears he had given due no- tice to the plaintiff before the plaintiff paid the judgment. ‘The application was denied ney bas no longer any lien for his costs, and the point to be determined upon the present appeal is whether the Code has abolished the attorney’s lien. The point came up in Davenport y. Ludlow, 4 How P:R. 337, and Benedict against Harlow and Wendell, 6 How P. R. 350; and Justice Shank- land in the one case, and Justice Willard in the other, ‘were of opinion that the lien no longer existed; but both cases were decided upon other grounds. In the latter case Justice Willard says—‘The reqson for upholding a lien in faver of the attorney dors not exist under the Code, His compeneation is no longer measured by the fee bill, but rests in contract. There is no higher neces- sity for granting him a lien on the judgment for costa then there is that the carpenter or mason should have a lien upon the house he bag built, or that an agistor of cattle should haye a lien upon the animals he depastures, neither of which hada lien at the common law. principles on which a len is given to inpkeepers, car- riers, und certain mechanies who have made repairs upon certain property of their customers, are inappli cable to attorneys.’ To the reasons here given, Judge Ingraham adds, in the opinion delivered upon deciding the motion below, that by the Code the costs are given to the party and not to the attorney. The attorney, he remarks. is left to make his own .agreement with his client. He may agree with hls client to churge the costs, or more, or less, but without some agreement so made the costs ere solely the property of the party, aud not of the attorney. Before proceeding to examine these reasons more at length, it may be remarked, in respect to the observation of Justice Willard, that it is no longer an open question whether there is any foundation in prineiple an attorney should baye alien upoa the juégmer forhis costs. It has long been settled that he had such a lien, and the only inquiry now is, whether the Code has changid the law. But if the question was still open, it would be found that inall the cases put by the learned Justice the right to a lien was{denied upon grounds pecu- Mar to cach ease, without at all impairing the general principles upon which the right of lien is founded. In the care of the mason and carpenter the element of pos- session is wanting, the possession of the thing upon which the lien is claimed being in the owner of the land, and not in the builder, (Lickbaun vs. Mason, 6 Must. 273 Heywood vs. Waring, 4Camp. 91;) and the agistor who Gepastures cattle, like the keeper of a livery stable, has n lien upon the property; fir't, because the keeping, it ha been held, imparts no additional value to it, (Jackson vs. Cummins, 5 Mees and Welsh, $42,) and secondly, becan-e he has not the entire possession, it being held subject to the righ of the owaer to use and control it, (Wallace vs. Woodgate, 1. & P., 875; Bevans vs, Waters, 30. & P, 520; Scarie vs. Morgan, 4 Mees and Welsh, 233.) Aa a general rule, a lien does not exist unless the party claim- ing it is in posscasion of the thing, and has by ex- pending labor and skill upon it enhanced iss value, (sfon- tague on Lien, 5; Cross on Lien, 31;) to which necessarily there are some’ objections, as in'the case of a seaman, who has a lien upon the vessel for Ils wages becuse bo contracts with the master upon the erodit of the ship, (Watkins vs. Carmichael, Doug. 101; Clay va Smelyson, 1 Lord R. 577; Abbot on Shipping, 474,) and those who re- pair or furnish supplies tos vessel have a lien upon it; but the principle is derived from the civil law, the equitable spirit of which recognizes a proprietory interest in those who bestow labor or fitnish materials towards the im- provement of the property of another. In the confiot between the English conrts of admiralty and the courts of common law the right in these cases was denied by the latter courts, so that where it is not a matter of statute regulation it rests exclusively upon grounds of maritime policy, (Abbott 143, 149; Benedict’s Admir- | alty, see. 271.) In the case of the attorney's lien upon the judgment for his cests there can be no possession in either party. The judgment is a record, and under the control of the court, the right to the lien, it is to be presumed, was originally recognized upon the ground that the attorney had contributed, by his labor and skill, to the recovery of the judgment, and the court, having the pow- er to control it, would exercise that power for the protec- tion of its own officers. There exists no reported case showing when or for what reason it was originall; allowed. “Any attempt,” says Mr. Cross, in his wor on lien, ‘4o trace its origin or establish the period of its introduction, is useless.” Sir James Barrow, who was present during the argument of Wilkins vs. Carmichael, 1 Doug, 100., mentioned to Lord Mansfield that the first ivstance of an order of that kind in the King’s Bench was in the ease of one Taylor, of Cresham, about the time of # contested election for that borough, to which Lord Mansfield replied that be had himself ar: gued the question in Chancery: In deciding Wilkins vs. ‘armichael he said thet tue practice then was not very ancient; that it was established on general principles of ju.tiee, and that courts then, both of law and equity, had ried it so far that an attorney or solicitor might ob- tain an order to stop his elient from receiving money re- covered in @ suit in which he had been employed for him, until his bill was paid. Some years after the rule was thus laid down by Chief Justice Wilmot, in Schoale vs. Noble, 1H. B. 28. An attorney has, as between himself and bis client, a lien for his fees and disbursements upon the damages and costs recovered in an action, and the rule was acted upon by Lord Hardwicke, in Furman vs. Gibson, 3 Atk. 720, who said—“I am of opinion that a so- licitor, in consequence of his troubles and the money he disburres for his client, has a right to be paid out of the decree, and has a lien upon it,” and the rule was more fully defined in Ormer torney has @ lien upon sum awarded in favor of his client as well as if recovered by judgment, and if, after notice tothe defendant, the laiter pay it over to the plaintiff, the plaintiff's attorney may compel repayment of it to himself, and he will not be prejudiced by a collu- sive release from the plaintiff to the defendant;” and the rule was finally carried so far in the King’s Bench that that court refured to allow the defendant to set off, to the pre- judice of the plaintifl’s attorney, costs recovered by the de- fendant against the plaintiff in another action. The Court of Common Pleas however, refused to go, this lengil, and allowed a set off in all’ such cases, holding that the lien of the attorney was subject to and ‘must give way to the equitable rights of the parties—that it could not be permitted to interfere with their right to set off one claim against another, 2 Blk. 869, 1H, B, 23. 2 Jd, 440, 2 Dik. 827. 2 B.A. 28, 587.1 N. R. 228, 4 Taun. 682, 4T R. 465. 5 id. 561, A courts thus stood in conitict until the adoption of the new rules, in 1803, when the rule of the King's Beach was made applicable to all the courts. The lien of the attor- ney upon the judgment for his costs was recognized in this State at au early period, And in Spence ys, White, 1 John’s Cases, 192, and Shephard vs. Watson, 5 Cai. 165, the rule of the Common Fleas of holding it subject to the equitable rights of the parties was adopted, in proference to the rule of the King’s Bench. By the law, therelore, | as it existed in this State before the passage of the Code, an attorney hada lien upon the igment for his costs, subject to the equitable rights of the parties; and if the party against whom the judgment was recovered paid the coste to the opposite tice of the attorney’s lien it was regarded as a fraud up- on the attorney’s rights, and the court would enforce the judgment to the extent of the attorney’s lien. People vs. Manning, 18. Wen, 652. Martin vs. Hawks, 15. J. R. 405. Has this right been impaired or taken away by the Code. Two reasons are assigned by the learned Justices, from which they infer that it ng longer exists First, beeause the costs are now given to the party and not to the attorney; and, second, because his compensa- tion is no longer measured by the fee bill, but rests ia contract. In respect to the first the Code has made no change in the law. The costs always belonged to the party, and not to the attorney. Before the statute of Gloucester, 6 Edward 1, Evans statute P., the prevailing party was not entitled to recover costs: but theugh costs were not given by the common law co nomine, they were always included, or taken into account, in fixing the quantum of damages, in all actions where damages were recoverable; and the statute of Gloucester was passed to enable the prevailing party to receive them, not only in actions where damages were recoverable, but in other actions. The words of the statute are: the demandent may recover the cests of the suit, together with damages, And after the statute the costs were entered upon the roll as in- creased damages, or, as usually expressed in the record, damages adjudged of increase. The costs, therefore, were recovered by the party, and Laoag to the party, and not to the attorne: nllock on Costs, 625, By the act passed in this State ‘concerning costs" TR. 8. 343, they were also given to the party. e words of the first sec- tion are—''If any person shall sue in any court of record in the State, in any action, &c.. and shall recover dama- sin such action, then the plaintiff or demandant shall ave judgment to recover costs against the defendant,” and in the ninth section, ee for the plaintiff's recovery upon writ of scire facias, and other cases, the words are, ‘‘And shall likewise recover his costs of suit.’ So in the provision made in the second section, in the event of a judgment for the defendant—‘‘He shall have a judgment for his costs against the plaintiff.” It is the same in the first section of chapter 10, 2B. 8., p. 703, fded., the agg shall pay to the defendant his costs to be taxed, In the third section, “If the plaintiff recover judgment, &e., he shall recover the cot allowed for services in the court,” and so, throughout the many pro- visions of the first title of the chapter, the costs are uni- forwly referred to as the costs of the hath ‘The second tue merely regulates the amount which shall be allowed for services thereafter dove or performed by officers of the court. It preseribes what sum shall be allowed for ser ¢i- ces perforn ed by attorneys or counsellors. That is allowed to the plaintiff or defendant, who recovers judgment. ‘There is no provision which declaros that it shall be al- lowed or pres to the attorney. On the contrary, it is given to the prevailing party for the services of the attor- ney he has employed, and he, and not the attorney, recov- ers it in the judginent. Where he has employed’ no at- torney, but conducts the suit himself ia person, he cannot recover for his services. (Stewart ys. the New York Common Pleas, 10 Wend. 6597.) He can recover costs only when those services have been per- formed for him by an oMcor of the court, The Code, therefore, by giving the prevailing party oer- tain sums by way o! indemnity for bis expenses, bas not in this respect changed the position of things, It does not take anything away from the attorney and give it to the party. Iesimply recognises the right of the party to be ndemnified for his expenies, @ right which wax recog- ed and provided for by all the previous statutes, and it changes (he mode in which that indemnity shall be ascor- tained and fixed, by substituting for the former tariff of fees a new measure of compenration. All thst the attor- ney ever bad was & Hen upon the fund, if it eame into his bande, upon the papers of his client and upon the judg- ment; but the co-ts belonged to, and were recovered by , upon the ground that an attor- | vs. Tate, 1 East. 464.—‘An at. | arty after he had received no- | uire whether the sboli« “of lam proventing Ww os client for bis compen~ the measure ofsuch compensation ta ‘of the parties, express or implied, has af- torney’s lien. “By the English practice, tha amount the prevailing party was entitled to recovee for the services of an attorney was determined by the taxing officer aud included in the judgment, and the amount thus taxed. in the absence’of » special agreement,’ was rded as the preper measure of compensation be- tween the attorney and his client. In other cases, the party was bound {o have the attorney’s bill taxed withim ‘@ month after it was served upon hima, aud the bill thug taxed was taken as the measure of compensation in am action brought by the attorney against his client te re~ cover for his services; or if he omitted to tax it the bill was deemed conclusive as to the reasonableness of the sro he atl Plena Fink Dek tk empes upon the trial. ms u 197; Hooper ys. Tile, id. 198, ‘and netey Avderson vs. May,'2B. an@ P, 287. In this State the amount which an attorne; might claim for his services, or which might be al- lowed for such services by the court, was made s mat- ter of statute regulation by an act the 18th of February, 1789. in which it was prov that no officer or other person should exact, or be allowed, any quota or other fee or reward for, or in respect to any service to be done or performed, than such there= in pecified, The act then ribes the suma that | shall be allowed respectively for certain services. Joves & Varick’s edition of Laws of New York, | yol. 2, 417, And the regulation of these ieee: 20 rather the adjustment of a tariff of fees, bas the subject of constant statutery revision from that time: down to the pessage of the Code. It ee sceereengai, that as the statute mark:d o id zed the costs which could be recovered for torney, and had forbidden stternaya donend any more or other than as was specified rf against KA ry the statute, that an attorney, in an action client for costs, was restricted to the amount which was recoverable as costs in the action, Scott and Wigram ya. Elmendorf, 12 I R., 315—in which ease the defendant obtained a verdict against the plaintiff. The defendant’s attorney sued their client for their costs, and it was held that as the plaintiff, by the statute, could have re- covered but Common fleas costs, that the attorneys were limited to that amount; and it was doubted, if they had mace au agreement with their client for a greater sum, if, under the statute. they could have reeovered it. All there statutes bave been abolished by the Code, and he attorneys compensation is now left to the agreement «f the parties, express or implied, But the repeal of hese statuies cannot affect the attorney’s right to o lien upon the {iidgment, He did not derive his lien from. them. It existed long before any fee bill was enacted. Thesy regulated or txed the amount which he could recover for bis services in certain eases; and in that respect necessarily limited the extent of his lien, but cid not create it. “For services not embraced in these | tatutes he had alien upon the papers, or upon the funds of his client in his hands, and his lien upon the judgment limited by thor to a certain amount pre- eribed services rendered in obtaining if. All thatthe Code has done has been tu abolixh the fee bill and take away all resiraints upon aitorneys making agreements with thei clients for their xervices. It bas left theattorney to agrea with his client for a greater or a less sum than {a glyen to the party, by way of indemnity for his expenses. But this does not touch the ettorney’s lien. His right to it was es- tablished by a long current of anthority, and unless itis ex- prestly teken away, or is wholly inconsistent with the change that the Code has made respecting costa, it must. still exist. I casnot see how this legislation can be regarded as abolishing it or affecting it at | all. The right to a lien jor services rendered is & distinct thing. The measure by which the valuo of these services is ascertained ia another. The | Jatter has been made the subject of statutory enactment; but ihe former has not. ‘be statute hae not inter- fered with the righ’ of lien, except to limit the extent of it; and when that liwitation is removed, by the repeal, of all statutes regulating the fees of attorneys, the right of lien, upon the authority of adjudged eases, stands pre. cisely as it stood befure these statutes were enacted. Justice Willard thinks that the reason fer upholding the lien does not exist, because the attorney’s compensation ia no levger measured by the tee Lill, but rests in eontract, but this has nothing to io with the reason upon which the right to the lien is founded. ‘The reason why an attorney bas a lien is, u ie has contriouted, by his laber and shill, to the ing of the judgment. nae va. Dup- per, 67. R. Stl.) And the manor in which the value of his services ehall be ascertained, whether regulated and fixed by statute or left to the private agreement of parties, is entirely independent of his right to the lien. the learned Justice seems to think, that as the rate of compensation between attorney and client was fixed by positive provision of law, the lien of the attorne can no longer exist, because the amount or extent of it is no longer regulated by statute. The fact that it | must now be ascertained by other means—by proof of the private agreement of the parties, or by proof of a quan- tum meruit—seews to be regarded as a sufficient reason for supposing that a right has been takem away that in no- wise depended upon the precise amount or value of the service. ‘The same reasoning would apply with equal force against the right of lion in any case where tho demand was unliquidated. It is not essential to the ex- istence of a lien that the amount should be liquidated; | it may exist as well in epee to a demand unliquidat- ed as toone that is liquidated. o~ on Lien.) Tho tailor who repairs a garment has a lien upon it to the ex- tent of the value of his Isbor, though no has ‘been made as to the price; and so may the attorney haye a lien upon the judgment'te the extent of the value of his labor, where the parties have made no ent as to the rate of compensation. It ia possible that our courts, uncer the Code, might, in the absence of any proof of the private understanding of parties, regard the sum now given to the prevailing party by way of indemnity for bis expenses as the proper measure of compensation, in an action brought by an attorney ugainst his client, or in determining the amount. or extent of the attorney’s lien upon the judgment, io. stead of proof of the actual value of the service rendered by him in ebtaining it. Be that as it may, or whatever may be the means hereafter adopted for as g the amount or extent of the lien, I think that itis quite clear that the right to it remains unimpaired, and that | itisthe duty of courts to enforce and protect it. The order was appealable. It was made upon a summary ap- Plication after judgment, and in a matter affecting @ sul stantialright. (Sec. 249, 5 ) Judge Woodrvif—I concur in the result to which Judge Daly has arrived. pat First Judge—I do not nt to the above conclusions, for the reasons stated by me on the motion originally. It is unnecessary to repeat them here, as my | brethren areagreed that the attorney’s lien still remains. Theatrical and Musical. Bowery Tneatne.—The amusements for this evening are “The Ragpicker of Paris’ and ‘ Sweethearts and Wives.” Mr 5. Eddy and Mr. C. Burke wil sustain the principal characters. Mr. Eddy is an actor of great celebrity, and Mr. Burke is considered one of the best re- presentatives we have of Yankee character. Proapway Leite tees excellent produc- tion of ‘‘Hamlet, Prince of Denmark,’’ is the pieco selected fer this evening, Mr. Forrest engenn as Ham- let, a character in whieh he is very mud sdmired, The other leading par e filled by Barry, Conway, and Madame Fouls 1M amusements wil glose wit Ths Obstinate Family.” Burton’s TreaTrr.—The excellent company of come- dians attached to this prosperous theatre appear to-night in two favorite pieces, ‘ Civilization,” and ‘ One Thou- sand Milliners Wanted for the Gold Diggings.” In these nearly all Burton’s company appear, and no doubt they will afford the visiters the same delight which they usually experience. NanionaL Tuxatre —This little theatre is in a very Prosperous career. ¢f full houses baa index. aa Purdy | is an enterprising manager, producing, as every month, something nie ad novel, at considerable: expense Tonight be offers the new #1 of the “Armorer of Tyre,” which is much admired fer its scenic display, as also the drama of “Kabri.”” WALtAck’s THEATRE.—The beautiful eomedy ealle? ‘Secrets Worth Knowing,” with a fine cast, embracing nearly all of Wallack’s star company, will commence the entertainments. An evening cau be whiled away here with the greatest gee and delight, The selections are always good, the actors are all first rate, and the orchestral music excellent. .Wallack, by his unwearied exertions to cater well for his pations, is in a career off great success. American MusvrM —The entertainments announced for the afternoon are the ‘Dancing Barber,” “My Friend im the Straps,” and the surprising feats of the “Romar Brothers.” In the evening, the ‘ Willow Copse,”? ‘th> Happy Family seems still to be the great feature at this estabfshinent, the great wonder being how animals of suck dpposite natures can so well harmonize, The keeper, Mr. Taylor, deserves great praice. Sr Crap: es THkaTRE —This estab!i-bment offers a attractive programme for this evening Che entertai:- ments commence with the “Lost Unv of ~cio,” and wil? be followed by the admired drama called - Eveleen Wil - ton,”? All will close with the amusing farve called th » “Boys of faratoga.”” Mr. J. M. Cooke, sivs Mitchell an 4 other artists of celebrity will appear. Cmcvs —fands & Co's. excellent equestrian troupe wil? appear in a variety of their best parts this evening. Tia dancing horses, trick and fighting ponies will all beintro. As it is their of equestrianism, vaulting, tum! ke. ve t should ast week, those who admire such amusements visit the amphitheatre. Caristy’s Orkra Hovse.—This city never presented se many amusementaas at the present date, and still thia hall f crowded nightly by the admirers of negro min- treley. Woon's Mixerrets.—This bapd is in a career of great success, owing to the excellent mans gement of Mr. Wood. ‘They announce a varied programme for this evening. Baxvarn’s Hoty LAnp.—This exhibition is deservedly attracting respectable audiences to see the Shrine of the Holy Cross and other beautiful paintings, Ronent Hetier’s entertainments are attracting large- audiences, who seem perfectly delighted by bis quick manner of deception. His spirit knocking and sseond sight performances are capital. Jon Owens’ Ascent or Mont Brano.—This entertain- ment, which {s given every evening at the Chinase Rooms, is deservedly attracting large audiences. An evening cannot possibly be whiled away with mozepleasure and instruction than at Mr, Owens’ lecture and scenic illus- | trations. | Varepictony Concgrt.—Antbony Philip Hemrich, a mi | sician of considerable reputation, will free grand vale- | dictory concert, at Metropolitan Hall, . He will be assisted by a numerous and yrfal orchestra, under the direction of Mr. Theodore Kisfeld, and a strong, | amay of vocalists. gg ng he made up of selec- tions from Weber and Mozart, and several ballads and descriptive pieces for the piano Te Mernopist Cucron anp StAvery.—The | Providence Conference of the Methodist Episeopal Church, | at present in seasion at New Bedford, (ener on the 18th | inst., @ series of resolutions strongly denouncing slavery and the Fugitive Slave Iaw. ‘Thaé were unanimously adopted. They declare slavery ‘to be contrary to the | laws of God, man, and nature’’—that “the Churoh of | Christ should keep herself pure from all sinful connect: with it,”’ while they sympat! emselves in such a position that they cannot sipate their slaves without committing a mora? | wrong, and inflicting upon the coor bondman a greater | evil thon slavery itself. The Fugitive Slave law was also ! denounced “ab most barbarous, cruel, unjust, and wicked.” hize vith those friends wit | nearly — duced. The exercises in the ring are capital, consisting . o> J res TOO BRT TT Sos Ss Std vane See eS