The New York Herald Newspaper, April 23, 1853, Page 4

NEW YORK HERALD, JANES GOR PROPRIETOR AND EDITOR, SUTICE N. W. CORNER OF FULTON AND NASSAU STS. FEAL ee oxo ren at 64 sents fri oo, ertens Seeerene Pin aly ACHAGES SENT US. Wolume XVII..........++++--++ ‘AMUSEMENTS THIS EVENING. BOWERY THEA’ Bowery—Tus Tamrzst—Seactas ‘Baspscnoom—Harry Max. ADWAY THEATRE, Brosdway—Verios Paz- sanvagnOanamare Fanny. BURTON’S THEATRE, Chambers street—Civitization Tux Omnisus. NATIONAL THEATRE, Chatham street—AamoRER OF ‘Pvar—Lorrany, Ticrar. WALLACK’S THEATRE, Broadway—Sux Sroors To Corquan—Paviine. AMERICAN MUSEUM—Afternoon—Pavi Pay. Even- img —Wuow Corsz. % RLES THEATRE, Bowery—Momsznrovs Quas woos Bvnonn Witson— sack SHEPPARD OHRISTY’S OPERA HOUS. Mopine py Cunisty’s pened WOOD'S MINSTRELS, Wood's Musical Hall, 444 Broad- way! rian MineTRELsy. 472 Broadway—Erniorian Trovrs. CIRCUS, 37 Bowery—Bqueernian Enver tarnments. GBORAMA, 586 Broadway—Bamvann’s Paxonama oF wus Hory Lanp. BELLER’S SOIRBES MYSTERIEUSES, 539 Broadway. OWEN’S ALPINE RAMBLES, 539 Broadway. New York, Saturday, April 23, 1853, Double Sheet To-Morrow. The pressure of news and advertisements during ‘the last week, crowding out interesting reading mat- ter, will compel us to issue a double sheet to-morrow. We must have vent for the surplus. ‘The New York Weekly Herald ‘Will be published at 10 0’clock this morning. It will contain the details of the news from Europe, brought by ‘the Pacific and the Arabia ; the late news from Havana and the Pacific ; the sentence of Spring, the Philadelphia murderer, together with his speech asseverating his inno- ence ; the election of Saghems of the Tammany Soci- ety; the new Foreign Postage Arrangement ; Gossip in ‘Washington ; ands great variety of other local and do- mestic intelligence of interest to the general reader. Price sixpence, in wrappers, ready for the mails. The News; The severe thunder storm of last evening fora while rendered all communication by telegraph im- possible. The storm appears to have traversed east- wardly, and the operations of the wires in that direc- tion were entirely suspended during the night. At a late hour the Southern lines resumed business, and thus enabled us to lay before our readers all that was ef importance from Washington and elsewhere. The vividness of the lightning in the vicinity of Philadel- phia is represented to have fully equalled the flashes in this quarter, and the hailstones which fell are said to have been as large as musket balls. The Morse telegraph office at Buffalo was struck by lightning yesterday morning. The fluid, in addition to de- stroying three instruments and melting the gas Pipes, set the building on fire. Our special and other despatches from Washing- ton to-day, contain much very interesting informa- tion. The Central American policy of the present administration is understood to be indicated by tile sending into and ratification by the Senate of Mr. Bquier’s treaty with San Salvador. This treaty, which is supposed to have been held back by the late administration for fear of offending Great Bri- tain, is entirelyfree from entangling alliances with apy Ecropean power. Mr. Buchanan designs setting an example of republican simplicity at the Court of St. James. He is said to have requested the Hon. John Appleton, member of the last Congress from Maine, to accompany him as Secretary of Legation. Senator Borland having declined the Governorship of New Mexico, it is intimated, will get the mission to Central America, which was rejected by Mr. Slidell. The Cabinet was yesterday engaged in discussing the claims of applicants for post offices in the in- terior of this State. The contest between the hard and soft shells does not appear to have been entirely settled by the distribution: of the offices in this city. John Van Buren and a delegation of softs from Albany were on hand yesterday, carefully watching the progress of events. The former gentleman, in company with Young America, dined with the President. Considerable fluttering is likely to be caused among @ certain class of finan@ers by the over- hauling and remedying of abuses now going on in the Treasury department. Quite an excitement has already been created by the checking of stock brokerage and custom house contracts; and new fuel has been added tothe flame by the reversal of Seeretary Corwin’s decision maling extra allow- ances on some Florida eiaims. See the list of dis- miseals and reductions in grade among the officers in the revenue service. Retrenchment and reform is now the order of the day. Extensive arrangements are being perfected in Washington for the survey of the various routes for the contemplated railroad to the Pacific. Mesers. Cantwell and Strange, the contestants for the District Attorneyship of North Carolina, have withdrawn their elaims, and Gen. Pierce has conse- quently decided upon selecting a man from the west- em section of the State, It is gratifying to hear that the President's health ia good, and that he is daily gaining strength. The steamship Crescent City arrived from Aspin- wall yesterday, but brought no later news from Cali- fornia. By her we have received late and very in- teresting intelligence from different parts of South and Central America, full details of which are given on another page. Our Valparaiso correspondent writes that great excitement prevailed in that quar- ter relative to Ericsson vessels. The people there are anxious to rid themselves of the monopoly exer- cised by the Engfish steamers. According te reeent advices from the City of Mex- joo, there was general rejoicing on the receipt of the telegraphic despa mincing the arrival of Gen. Santa Anna at Vera Cruz. Guns were fired, bells rung, and every other demonstration of popular de light manifested. The Governor of the State of Osjaca sppears to have got into difficulty in conse- quence of exerting himself rather too strenuously in favor of Santa Anna’s return. In order to be able to put down any opposition that might be made against the reinstatement of the exiled chief, he dis- tributed five thonsand muskets among as many In- dians, and it was feared a war between the white and fed races might result therefrom. Mr. Falco. nette, the British agent, had been arrested at the request of some of the ex-deputies of Congress. It ia reported that the democratic members of the Louisiana Legislature have refused to hold a caucus to choose a candidate for United States Senator in place of Mr. Soulé. A despatch from Albany announces that the canals are expected to be in navigable order to-day. Ninety-four new canal boats were built at Roches- ter during the suspension of navigation. Twenty-four thousand barrels of flour have been exported from Baltimore during the weel. value of the foreign exports is ated at ha million of dollars. The Ne cotton was still ina very unsettled wi > Father Gavazzi delivered the first lecture second serics last night, at the Metropolitan Hall Ac ming doe lis piycet, s OpULy abd dagwuk ue woe i churches and shat of the Catholic, after he termed the corrupting of the Papacy. The Hall was only thinly attended. Owing to a press of other matter we can only give a mere outline of his ad- dress. ‘The annual meeting of the New York Marine 80. ciety was adjourned last evening, in consequence of the unfavorable weather, to Wednesday next. An abstract of the last annual repert will be found in another column. The strike of the waiters was followed yesterday by that of the coalpassers spetinespa up have generally succeeded in obtaining vance ea fa About two hundred of them marched down in procession through West street yesterday morning, sending deputations on board the various steamships to present their petitions to the owners and captains. A mock auctioneer was yesterday arrested and held to answer under the new law recently passed by the Legislature, whereby it is made a felony to practice deceit upon persons making purchases at auction. The evidence in the case will be seen under the head of Police Intelligence. William Cating was yesterday convicted, at Hack- ensack, N.J.,of the murder of the two children, Mary and Daniel O’Brien. Chief Justice Greene sentenced the prisoner to be hung on the 28th of June. To-day’s inside pages contain a full report of the Opinion of Judge Strong in the Broadway Railroad Injunction Case, together with a great variety of Commercial, Theatrice], Sporting and Miscellaneous Intelligence. i, The Pacific Raltlread—Yhe Route through New Mexico—Col. Benton, Col. Frement and the Secretary of War, Our readers will remember the recent cor- respondence between Col. Benton and Gen. Jefferson Davis, Secretary of War, embracing the application of the former, in behalt of Lieut. Col. Fremont, for an appointment as chief of the proposed survey for the Pacific Railroad by the southern route through New Mexico, west- ward to San Diego, near the extreme southern boundary of the United States on the Pacific Ocean. It will also be recollected that the Se- eretary of War, in reply to Col. Benton, stated that he was not yet prepared to act in reference to this survey, but that when ready he would send for the distinguished member from Mis- souri. and personally consult him upon the matter. In the meantime, Col. Benton has gone to St. Louis. and will probably not return to Wash- ington for six weeks or two months to come. But we have no doubt that his application will be successful, from the fact of the superior quali- fications of Col. Fremont for the task proposed, to say nothing ofthe intimate official and social relations of friendship which have subsisted be- tween Gen. Dayis and Col. Benton, since their distinguished service together, upon the Com- mittee of Military Affairs in the Senate, in clo- sing up the brilliant programme of the Mexican war. The position of the applicant in this case might of itself be considered decisive in favor of his protége ; but resting the issue entirely upon the experience and fitness of Col. Fremont for the proposed work, all the probabilities in the case warrant the presumption that he will be selected to do it. This survey, as we understand it, will be identical with the general route indicated in the late bill of Mr. Rusk. which, more from the pres- sure of time than from all other causes com- bined, failed to pass at the last regular session of the Senate. It contemplates a railroad from the opposite shore of the Mississippi river, at Memphis, through Arkansas, the northern por- tion of Texas, and thence across the desert coun- try of New Mexico. to Albuquerque, on the Rio Grande, at which point the real business of the scientific topographical engineer will com- mence; for with little difficulty, and without much engineering, a railroad may be construct- ed upon a grade almost practically equivalent to a dead level from the Mississippi to the Rio Grande at various points between Albuquerque and El Paso del Norte. But from Albuquerque westward the real work of the engineer and the geographical pio- necr will begin. First, a passage must be found across the great chaia of the Sierra de los Mimbres., which is but an expansion of the Rocky Mountains, Here, however, we are informed, the work will be comparatively easy, loaded wagons having been trailed over an eligible pass at this point without difficulty or detention. The fact, however, of such a laid down in connection with a continuous route westwardly to the Pacific. But when we remember that for halfa century the “Spanish Trail” between Santa Fe and San Diego. via the beautiful oasis of Los Vegas de Santa Clara, in the desert basin. marks out already a feasible route for a through ticket, it would appear that little else remains to be done than to determine, by a competent surveyor.the grades, the bridges, the distances, the facilities and natural obsta- cles of this “trail.” That it may be rendered practicable for a railroad has been proved by the immense droves of horses. mules, cattle and sheep, which have passed over it from time to time, in this sort of traffic which has heretofore existed between California and Santa Fe; and that the country between is not absolutely a desert has been abundantly proved from the dependence for subsistence of those drovers of live stock upon the indigenous grasses along the route. Yet we apprehend that Col. Benton, in behalf of Fremont, has another object in view, of a more primary and not less important character than the location of an available line for the Pacific Railroad. This object is the same for which Fremont was detailed on his famous ex- plorations of ’42, ’3, 4,5 and ’6. over all that then unknown region south of Oregon between the Rocky Mountains and the Pacific Occan. As far as those explorations ewtended those vast regions were laid down wpon the map, and thus practically opened for the over- land emigrants to California and inter- mediate settlements. Before those explo- rations the Great Salt Lake existed but as a tradition of the mountain trappers, unlocated and illimitable in extent, and supposed, in their ignorance of the exhaling powers of the sun, to have a subterrancan outlet through a horrible roaring Maelstrom near the centre. to let off the surplus waters which the various rivers emptying into it supplied. Before these surveys. the overland route acr the desert basin of Mary’s river was practically un- known, as were also those beantiful lakes and fine, healthy agricultural slopes, wh the eastern base of the Sierra Nevad: Mountains, overlooking the Pac explorations, the Latter Day Sair upo little kingdom—imperium in imperi: | at the Great Salt Lake. the wonder of this new hecome a public high and thrifty J Sexon vettlements have crowded ont th pass remains to be officially established and ° Truckee’s river, and the stream of gold hunters have found a pass to the Sacramento between snow-covered mountains deemed before impas- sable except by Fremont, Kit Carson, Walker, Godey, and company. Such are the results, in connection with the California gold mines, that have followed the past explorgtions of Fremont. But the work is {not yet finished. Between these surveys and New Mexico proper, west and east, and to the Gila river on the south, there remains a vast terra incognita to be explored, before the map of the United States can be completed, or our resources de- finitely known. It was to finish up this branch ot the work that Fremont set out to cross the Rocky Mountains above Albuquerque in that disastrous expedition of December, 1818. Over- whelmed with forty feet of snow, among the mountains, and losing most of his little company of men, and all his animals and baggage, he turned back. alone and on foot, to seek relief for the few of his companions who might stifl sur- vive. Defeated then, we suppose that Fremont is still ag anxious to effect his original object as Col. Benton. Hence no doubt. the application of the latter in reference to this Albuquerque route for the Pacific Railroad. And we shall look with interest to the full completion of this proposed survey. The large triangle of country through which it is to pass is almost wholly unknown. Occasional military excursions from our troops in New Mexico, in pursuits of the thieving Navajoes, have followed them into their haunts among the sheltered val- leys beyond the main chain of the Rocky Moun- tains, where these Indians have been found to exist in a state of semi-civilization, living in com- fortable houses, manufacturing their own cloth- ing of wool. possessed of droves of horses and flocks of sheep, and productive fields of wheat, corn, and vegetables. The Pimos and Coco-Mari- copas Indians, on the Gila, are somewhat simi- larly advanced above the rude barbarism of our more northern Indians. But neither the army, nor the Mexican Boundary Commission, have penetrated any considerable distance into that labyrinth of mountains north of the Gila into which the Apaches retreat with their wholesale plunder from the Mexiean provinces. How im- portant. in these relations, that all this unknown region should be thoroughly explored; and par- ticularly in reference to some future place of permanent location for the various wandering tribes scattered over the country from the plains of the Upper Arkansas to the great Colo- rado of the West. But this Colorado in itself will form the most interesting feature of this proposed explo- ration. Itis.a greatriver. Its sources inter- lap with those of the Platte, the Arkansas, and the southern arm of the Columbia. It is crossed by the overland emigrants via the South Pass near latitude 42, at Green river. a fine, bold, dashing stream ; it is crossed at the mouth of the Gila, ten degrees further south, and is there a strong and turbid river, as it name implies; but of the intervening space of six hundred miles, through which it rolls its copious volume, little or nothing is definitely known. For hun- dreds of miles it has been represented as chiefly boiling along, far down between lofty walls of volcanic rocks, in an almost unbrokenchain of falls and fearful rapids. But in the lower por- tion of its course, and before it enters upon the open desert, it has been said to abound in ancient ruins of the most wonderfal interest. in- dicating the former existence in its valley of a gomparatively civilized and populous race of people, long ago removed, and now extinct, or but dimly existing among the traditions of the ancient Aztecs. The reader will now discover what an inter- esting field of exploration will be open to the commission which may be appointed to the survey of the Albuquerque route for the Pa- cific Railroad. with anything like a margin of discretion to the right and the left. They will determine the feasibility of the route for the proposed road; they will make known a vast un- known region—its topography, its inhabitants, its resources. its capacities for civilized or savage life, its products, its minerals, and its antiquities. These considerations. we doubt not. have induced the application in behalf of Col. Fremont to take charge of this survey; and from the success, and the astonishing re- sults which have followed his former expedi- tions. we presume that when the Secretary of War and Col. Benton shall come to a talk upor the subject the question will be settled to the satisfaction of all parties. But whoever may be assigned to this duty. it is to be hoped that it will comprehend a discretion and a sufficient force to accomplish all the objects we have specified. We shall thus, with the extreme northern expedition under Major Stevens, be enabled, within a year or two, to obtain a per- fect description and knowledge, and a com- plete map of the States and territories of this mighty republic. Let the work be done. Tue Broapway RatrRoap Case.—We this day publish the opinion of Judge Strong on the mo- tion for an injunction against the grantees of the Broadway Railroad, argued last term in the Supreme Court of this city. This opinion con- curs with that ef Judge Edwards in granting the injunction, and gives the advantage to the aldermen in many points of view. although it decides that, not having given the contract to the highest bidder, the Common Council com- mitted a breach of trust. The principal positions sustained by Judge Strong are—That the Common Council have authority to grant a line of railroad in Broad- way ; that the railroad would not be a nuisance, nor interfere with the commerce of the street ; that the adjournment of the aldermen from Thursday to Monday was legal; that the in- junction issued by Judge Campbell was an act beyond his jurisdiction. and is null and void, and the Common Council was not bound to obey it; that the grant of the railroad was not a revocable license, but a franchise, which the Common Council could not revoke, and. there- fore. that not having given it to the highest bidder, they committed a breach of trust. That part of the opinion which refers to Judge Campbell’s interference. in granting the order for an injunction, is, perhaps, the most impor- tant of all. If this view be sustained by the Court of Appeals, why, then. the Common Coun- cil will be triumphant, and the judiciary will, for the future, have to be carefal where they step in between the city tathers and their | lative functions. Tim New Mai, Contracrs.—We learn that s received at the Post Of the prope r hington, for conveying the mails in York and the New England States for the on several routes in riods, will be decided red, on Tue xt The of the Catholic and Protestant Religion. It is Macaulay, if our is not at fault, who, in reviewing the polity of the Church of Rome, avows his unbounded admiration for her profound wisdom and system of tactics, “ggainst which reason and Scripture have been arrayed in vain.” Sincere aa the great essayist undoubtedly was in his professions of Protes- tantism, be could not, in summing up the re- spective merits of the Catholic and Protestant churches, refrain from awarding the palm for superiority of tact, perseverance and earnest- ness. to the former. Profoundly as he disliked the errors of the Church of Rome, he was not backward in acknowledging the consummate ski with which her mission had been perform- ed, and the magnificent reward she had reaped. He does not attempt to disguise the fact that, instead of gaining, the Protestant religion has lost ground ever since the close of the six- teenth century. Her numbers have increased : new nations, new continents, have been gather- ed under her banners; but, meanwhile, the Church of Rome has received far larger acces- sions of strength. At the death of Martin Luther Protestantism bid fair to destroy Popery altogether. At the present day it is probable that the Catholics outnumber the Protestants by some twenty to thirty millions of souls. This is not the place for theological disserta- tions; and nothing is further from our purpose than to engage in a controversy on the an- tagonistic doctrines of Catholicity and Protes- tantism. The votaries of both have a right to their belief, which shall not be questioned or disturbed in these columns. As a circum- stance illustrating the condition and progress of society, however, the relative proportions of the various classes of Christians are deserv- ing of careful notice. An age of unbridled license and sloth among the clergy produced a Luther, and shook the Papal throne to its centre. A Pius V.and a Loyola revived the austere practices, the fervent zeal, and the Christian picty of the Apostles, and Catholicity reconquered the bulk of its flock. Our own days witness still more portentous victories won by Papacy over Protestantism. It is true that in this country a steady stream of con- verts, whose spirit cannot brook the mental thraldom of the priests, is steadily flewing into the arms of the latter. Children of Catholic emigrants not unfrequently imbibe Protestant and republican notions together. But this is an exceptional case. If we graspin one view the progress of Christianity throughout the whole world, we shall find, two Catholics gained to the Church for one Protestant. We make no inquiry as fo the relative merits of the doctrines of the rival Churches. Indeed, we doubt whether, as a general rule, they have much influence on the result. To our mind, the secret of the superior success of the Cath- olics lies mainly, if not entirely, in their su- perior zeal. Where a Protestant is lukewarm the Catholic is red hot. The Episcopal doctor must enjoy his library, his dimmer, his cosy arm- chair ; the Jesuit asks for nothing but a crust of bread, a glass of water, and a heretic to convert. The one accepts reluctantly a mis- sion to the heathen. He carries with him his wife and children. and claims for them. if not for himself. comforts which are incompati- ble with the life ofan ardent missionary. A breviary and a string of beads are all the other requires. With these he will travel night and day. at all seasons, suffering with equal fortitude the extremes of cold and heat, and inclement weather—subsisting on the meagre fare he can pick up by the wayside, often risking his life for his cause, and deeming himself amply rewarded if after a life of incredible toil and hardship he can die a pauper on a bed of straw, with the conciousness that he has brought many souls to Christ. Those who have travelled among the Indians in the far West will readily ac- knowledge the truthfulness of our description. We donot mean to accuse the whole body of Protgstant pastors of neglect of duty or sloth- fulness: there are, we doubt not, instances of noble devotion among their number; but we are sorrowfully convinced that they constitute a feeble minority. Our own intercourse with the clerical bodies of this city illustrates the principle. When a consecration or other important religious cere- mony takes plaee in the Catholic church, our re- porters are well received by the officiating clergy—every facility is afforded them for pro- curing a fall account ofthe proceedings—and if the speeches or sermons are deemed of sufli- cient importance to warrant a short-hand report the ecclesiastic will cheerfully communicate his manuscript or furnish a note of quotations when requested. He is glad, he will say, to find that we are willing to give publicity to the senti- ments he has uttered, and trusts that all the world will read them for the sake of the Church. *Tis thus that converts are made. Very different is the conduct of our Protest- antclergy. When an important ceremony is announced, or a noted preacher is to deliver a sermon of unusual interest, we send a re- porter, who is not unfrequently admonish- ed in severe language from the pulpit that the minister cannot go on unless “that person” ceases to take notes. Other clergymen, deeming courtesy not incon- sistent with their cloth, will politely and pri- vately intimate their wish that their sermon should not be reported. This course has been pursued in several instances by officials of the highest dignity in the various Protestant churches. The reason assigned has at least the merit of candor. Files of the Herarn are preserved by members of most churehes; and after a discourse has once appeared in our columns, a fastidious clergyman has qualins of conscience at serving it up a second time. In point of fact, it becomes unfit for service after- wards; and our industrious parsons very natu- rally object to a proceeding which places them under the necessity of composing a new one. We are not prepared to say whether our read- ers are serious losers by the omission of the sermons thus carefully preserved for future use. They may possibly feel grateful to the clergymen for their disinterested regard for our space. But one thing is certain, the Protestant its expounders to type. The individual may save himself a few hours labor, but the Church loses a valuable element of progress. If it throughout the length and breadth of the land tant churches of this city, then those doe trines ought not to have been uttered from the pulpit. If those doctrines are wholesome | and profitable to be known and studied. the | Prot nt clergy ought to feel grateful for the | publicity we offer them, instead of thwarting | cur endeavors, faith is assuredly no gainer by the aversion of | would serve no good purpose to disseminate | a n | may exp hear her inthe ¢ 8 the doctrines preached in the various Protes- | ™y expect to hear her in the © Huguenots AccIDENT ON THE Hupson River Rartroap.— Our columns yesterday noticed an accident on the Hudson River Railroad, by which a man in the employ of the company was killed. The place where the accident occurred was er- roneously named. The location was near Fort Washington depot, at @vout the same place a station or flag man was killed about a year since. In that section there are curves, similar to the letter S, which could be made so nearly straight as to enable a per- son to cee a train three hundred yards distant, at an expense comparatively small. In the space of half a mile quite a number of miracu- lous escapes from certain death. from the impos. sibility of seeing trains coming either way un- til almost upon one. are daily occurring, and all to save a little rock blasting. We hope it will now be done. New Opera Hovse.—New York is to have a new opera house—one on magnificent scale. We learn that $188,000 have already been sub. scribed, and twenty-five per cent paid in. Only $12,000 are now wanted to make up the sum required for this splendid enterprise. It is in contemplation to have it completed in Decem- her next, and open with Grisi and Mario. ‘Talk on ’Change. Cotton closed yesterday without change in prices, with sales of 1,000 bales. State flour closed at $4 44.0 $4 50, Tobacco was quite active, and the sales within the two or three past days have reached about 1,000 hhds. of Ken- tucky, mostly fair to good qualities, at 6c. a 8c., inclad- ing some lots of low grades and prime qualities at 4}<e a 8330, Owing to the advices from Java and Sumatra, and es- pecially from the former, regarding the injury inflicted on the spice crops by an earthquake, &c., there was an active movement in nutmegs yesterday; speculators entered the market and swept all from first hands that could be had here, and also in Boston. The sales in this city reached 37,000 Ibs., at 7c. a 100c. per Ib., and which were afterwards held at 105. A merchant stated that it would prove of great conve- nience to commercial men were the Collins and Cunard lines of steamers to make ita rule to let their vessels sailat2P.M., instead of at 12M. In the latter case their mails closed at 103, A. M., which was too early to be of advantage. By sailing at 2P.M, and letting the mails be closed at 134, would give merchants an opportunity to communicate the complexion of the mar- kets for that day; as well as to send later advices received by the mails. The movement of the British provincial Legislature of New Brunswick was referred to. The address to the Queen on the subject of reciprocity with the United States embraced some points of peculiar interost. Its propositions for the basis of reciprocal trade, in many cases, Were such that the United States would not likely feel inclined to accede to them, although commercial men could see nothing wrong in forming a reciprocity treaty on terms of fair equality. The New Branswickers valued their fishing privileges too high, when they claim- éd for their concession the right of English vessels to enter the coasting trade in the United States, because American vessels, on certain conditions, were allowed to trade between the ports of Knglith colonial possessions. The address claimed that all Canadian produce should enter the United State: free, and especially flour and gra‘n, because these were admitted free from this country into the provinces. In addition to all this, the United States were, also, to throw open their fishing grounds to the provincialists. They claimed that our offer to give them free access to cur fisheries was not a fair equivalent for the same concession on their part. They wished all branches of trade, with navigation, &c., settled under a single treaty, while the United States proposed to embrace the fisheries in one and the other subjects under another, Many difficulties stood in the way of embracing so many interests in the provisions of a single treaty. To involve the settlement of reciprocal navigation laws in a treaty on the fishing question did not appear wise or expedient. Besides, it would be difficult to make a single treaty to suit the interests of Upper and Lower Canada with those of New Brunswick. If navigation reciprocity was to be overhauled, the free navigation of the St. Lawrence sould be granted to us, of which the address made no mention. ‘The stringent fishery law before the New Brunswick Legislature was considered to assume higher grounds than was authorized under the existing state of the ques- tion, if it did not entrench upon the prerogative of the home government. As to the alternative desire to be at- tained, to adopt a local discriminative or retaliatory toriff against the United States, there could be no great objection, as such a policy would likely injure themselves more than it could us. It was hoped, however, that our government would have the whole subject adjusted on some terms mutually fair and satisfactory. There was some complaint that merchants in most cases should not be selected for appraisers, and that much inconvenience might be experienced on that ac- count. Regret was exprersed at the necessity which had led to the discharge of so many officers previously attached to the revenue service. ‘Tae OPERA aT Nip! GarveN.—Lovers of music are in luck. ‘ Sonnambula’? was an artistic triumph rarely equalled on any stage. Those who heard “ Lucrezia Bor- gia” last evening, will hardly regrot its disappearance from the bills. Indeed, if success be measured by the applause awarded, we are almost inclined to think that “Lucrezia” was even the greater favorite of the two. A large share cf this favor must be ascribed to the dramatic merit of the libretto. Mr. Corbyn, in the preface of his neat edi- tion of the opera, kindly informs us that it is “founded upon a romantic French drama, written by Victor Hugo, and produced in Paris about 1893,” He would have been nearer the truth had he called it anj Italian translation of Victor Hugo's drama; the ideas, and even the words, of the latter, are so scrupulously followed throughout, that a decision of a French court of justice declared the French version of the opera to be an infringement of Hugo’s copyright. One or two of the few points in which they differ are curious. In the drama, Gubetta is an important personage, who en- livens the monotony of the performance by a perpetual fire of jests and sarcastic speeches ; in the opera, he is nobcdy. In the drama, Rustighello and Astolfo toss up as to whether Gennaro is to be taken to Lucrezia’s arms or her husband’s priton; and the situation is highly ef. fective. In the opera, Rustighello is a more conscien- tious sirro; he summonses a band of ill looking rascals, who, brandishing iron knives, and singing a rather lively chorus, turround Astolfo and drive him from the ground. Finally, Victor Hugo, who revels in hor- rors, makes Gennaro stab Lucrecia, and they dle together ; the anthor of the libretto, more mer- ciful, lete her off with a stage ft, and softens her son’s heart at the last moment. Except in these particulars, the hbrettist has judiciously appropriated as much of the dramatic action of the play as he eould conveniently adapt to the lyricstage. He has thus preserved a pow- erful interest throughout, and many very strikiag situa- tions, which had no small share in exciting the enthu- sinem of last evening. Not that we would deny to the performers their proper meed of praise, The cast was a powerful one, and reflects ciedit on those members of the troupe who might naturally have objected to play subordinate parts, To them we owe some of the finest chorusses we have ever heard in Niblo’s theatre. Nothing could be more com- plete or more effective than the opening seztuor, or that with which the first part of the first act closes. Inde- pendently of the attractions of the /atieauc, auch a treat ‘asa chorus by Alboni, Salvi, Beneventano, Rovere, San- giovanni, and Rosi, is alone worth a visit to Niblo’s. All sang with spirit and scrapulous fidelity, and well earned the bravos they received, After such a chorus, we shall not submit complacently to the second rate fare which has hitherto been served up to us. Alboni played Maffeo Orsini for the sake of the ‘Brin- dist” We presume that all our readers have heard her ning the charming “Il Sogreto per Esser Felice; and will only say that she was not inferior to herself, and that, of al fhe trills that ever hushed an audience, the one which preluded the final “Non Curiamo,” last evening was, to our mind, the eweetest and most wonderful. She looked and acted ber part well. Whence—en parenthisa— we are led to inquire of Mr. le Grand Smith whether we ’ Alboni having renounced her sex for the time, is fell to the Jot of Madame Rose Devries to personate the lady whorn contemporaneous and modern histosianse Mr. War dle Corbyn excepte’—have coincided in characterising as a fiend in human shape. Her very vicos, however, ada to the greatness of the part; and we are happy to add Nat it was artistically rendered by Madame Dove'es, the upper registers of which struck us occasionally asbein | pitliea, & be subjected to such violent torture as Madame Devries sometimes practices. But we prefer placing on record our hearty approval of sertain portions of her vocal pere formance—her com’e bello for instance, which was equally: creditable to her natural gifts and her acquired skill and several brief snatches in the closing scene of the fret act. Her acting was at times of the highest tragie merit, We cannot agree to her rendering of the commencement of the first scene with Alfonso: Lucrezia should be agitae ted, furious; bad as she was, she could not bind the Duke to execute an offender with a calm, smiling face. But the clore of that scene—in fact the whole, from the crushing revelation of her busband’s discovery and fatal pur~ Pore, to the agonized moment when she entreats her son to take the antidote, and he replies, ‘How know Ithat this is not the poison which you offer me?’=0 revealed great dramatic power, and reminded us mor@ nearly of Charlotte Cushman than of any other actres@ we have seen in New York. She was admirably supe ported by Marini. At the close of the first part of act one, Mr. Manager Le Grand Smith advanced to the foot- lights, and after informing us that Marini was about te sing in defiance of medical orders, requested our indule gence for our favorite basso. We can only proceeding in a facetious light, for aasuredl; never in better voice than last evening. dulgence for such a Vieni, la mia, ven us, or for such a splendid effort as the final bars of * lunque sia 'o.”” is @ practical joke which we felt al- most inelined to resent City Intelligence, THE FATAL CELL IN THE TOMBS. The cause of the fatal affair which took place last Sune day night in one of the prison cells at the Tombs, ca the death of four persons, has, at last been discov apd shown conclusively to be the resu caused by carbonized air, generated from t and passing down the eng tree through a hole inte the cell. @ bunk on which the unfortunate men were asleep, was placed immediately over the aperture in the flue which let in the carbonic air, the inbuling of whicly caused the daaths. ‘An ex] ent was made yesterday by placing a lights ed candle near the aperture in the flue, and as it neared) the hole, the flame was immediately extinguished. The Grand Jury visited the cells throughout the prisom yesterday, and will no doubt make some presep nent touching the recent loss of heman life. Exuinrrion of ORGAN aT StRowG Prace Barrist Cacreiy Brooxtyn.—We attended the exhibition at the churcls corner of Streng place and Bograw street. on Thursday evening. 2lst., and to say that we were pleased would be but small praise to the builder and performers ou the ine strument, We have no hesitation in pronouncing it am instrument secord to none in this country. for sweetness and solidity of tone and excellence of workmanship, an@ we congratulate the builder (Mr. Richard a. Ferris.) im producing so perfect an instrument. Ihe case iva mag nificent affair, being of black walnut and massively carved, being in beautiful keeping with the church. The organ is thirty feet high, with an extended action, and contains the following stops, viz. : GR. ORGAN CC TOF, 1Open Diapason, cctoF 7 . cetoP 2Dulciana, ...... «6 8 Twelfth, ws 8 Viol D'Amour dfre “ OFifteenth. ..... 66 4 Stop Diapason, bass. 10 Mixture, 3ranke “© m 5 Stop Diapason, treble ‘ 11 Trumpet ....... Sle 6Principal,,..... cc SW. ORGAN, 0 CTO F. 1 Open Diapason 4 fre toF '5 Twelfth cc toP 2 Dulcians, 4 * # “6 Picolo. 3 spade * “* 7 Trumpe' 4Stop pason cc §Hautboy, PEDAL DOUBLE OPEN DIAPASON, CCC To C. Ped. and Gr. Coupee. Gr. and Sw. Coupee. Ped. and Sw. Coupee. Bellows Alarm The instrument has blank draw stops, which afford am opportunity of increasing the size, or volume of tne, at apy time. We noticed among the performers Greatorex, Maeder, Bristow, Melville, Brown, and others whore names we did not learn. Upon the whole, the church may well feel proud of such an instrument. AccioxnTs.—Edward Fissel, a machinist in the employ- ment of Rodman & Co., on the corner of West and Hubert streets, was seriously injured ou Thursday morning by an fron shaft falling upon him. He was taken to the hog ital. R A lad named James Beck was run over and severely im- jured, on Thursday afternoon, by one of O’Keefe’s line of stages, at the corner of Twenty-eighth street and Fight avenue. He was conveyed to the residence of his parents, in Forty-fifth street, near Sixth avenue. A man named Robert Wallack was run over on Thurd, dsy night in Broadway by an omnibus, but escaped with a few slight injuries About pine o’clock Tnraday night an old woman named Mai Brady fell down in Fast Broadway, and broke her leg. She was conveyed in a carriage to her reaidence, No. 76 Henry street. Police Intelligence. POLICEMEN KENNEDY AND SMITH. These two unfortunate men are now confined in the Tombs, under s conviction of burglary in the third de- gree, in feloniously entering the store of Mr. Hopkins, corner of Franklin and West streets, in January last. ‘The court has deferred the sentence until the May term. mney ere visited bya number of their friends during esterday, and to all did they persist still in their entire nocence of the crime for which they had been found guilty. ‘The most melancholy circumstance in this mat- ter, is the fact that both these unfortunate men have wives and several small children dependent on them for support and protection, who, in a brief peried, will be teparated from them, and doomed to serve a term of years as felons in a State prison. What a sad picture does thi exhibit, and how careful ought men to be in their move- ments ‘through life, lest by one false step all is gone for ever after! A Mock Auctioneer Arrested under the New Law, an® held to Answer.—Yesterday, officers S J. Smith and Green, of the lower police, arrested a mock auctioneer named Bd x Buydam, 0 rant issued by Justice Bogart, wherein he stan d, on the oath of a Mr. Eaton, of Pennaylvania, wit rauding him out of $24, by a deceitful practice called mock auction. The fol- lowing is the affidavit of the’complainant :—‘ Ward Eaton, of Carbondale, Pennsylvania, at present stopping at the Pacific Hotel. in Greenwich street, being sworn, says— ‘That on the 2lst day of April, he was cheated and de- frauded out of the sum of $24, by Edgar Suydam, by means of deceitful and fraudulent practices, as is Deponent went into the auction store in Pearl street, near Wall street, where raid Suydam was relling various goods at aucticn, and after deponent had been there = short time, a care of pencile was put up, and bids invited at so much per case; deponent ‘id the ‘gum of $2 for sald esse, and it was atruck off to him at that price; de; it then handed them a five dollar bill to pay for pene cils, whea said Suydam stated that the penclle came to $24, which he demand, and refused to take the mcils back or return deponeat his five dollars; deponent then are the said Suydam the full amount of his bill, who told deponent to keep the pencils until to-day, and he, Suydam, would sell them Ca eg tor depovent; depenent further says that he is itive the pencils were put up ut so mnch per cise, and there- fore charges that said $24 was obtained from him by said Suydam Graudulently,with an intent to cheat and defraud.’? The accused, when brought before Justice Bogart, stated: to the court that he could show that the property wae worth within two or three dollars of the amount paid the complainant, and that they were willing to either pay back the money, or sell the property again at auction. ‘The magistrate, on the facts, held the accused to bail im the sum of $500, which he gave and was liberated from. custody. The complainant was recognized in the sum of $200, in his own recogrizance, to appear and testify at the next term of the Court of Sessions, Superior Court.—Part Second. Before Hon. Judge Duer. ApkiL 21—Elizabeth Harken ws. Messrs. é Weast,—This was an action brought by the plaintiff; a milk dealer, against Reynolds & Weurt, omnious proprie- tors, for the recovery of the possession of a bay mare, slleged to have been wrongfully detained from the plain- tiff, valued at $130, and also a claim of $125 per day for the ure of the mare during the time of the said detention. It appeared that the mare belonged to the plaintiff, and was taken from her under an execution upon & judgment recovered against her son-in-law, Patrick Hiley, in the Fourth Judicial District Court, in August last, in which suit the plaintiff in this action was a co-defendant, although judgment was rendered against Riley alone. The mare was leviet upon, and sold by a constable at sheriff's sale to a Me. Cooper, from whom the defendants purchased her subsequently. It was alleged that Riley, and not the plaintiff, was the real owner of the mare, but the jury thought otherwise, and rendered a verdict for the plaintiff, assexsing the value of tho herre at $103, and. the value of the arrvices of the same at $156 86. The Court ogdered judgment to be entered for the plaintiff againat the deiendauts. for the two amounts, $259 86. Brooklyn City Intelligence. ‘Tae Reaviar Burcumes —We refer our Brooklyn reader® to ap advertisement from the remulee butchers of the City of Churebes. It is important for housekeepers to know that whilst some dealers have been recently convicted for selling diseased and unwholesome food, the more res; able class of butchers have resolved to xell_no meat but that which is slanghtered La heer The Hamiltom avenue market, which has n_extablished by Andrew Heburn. one of the promoters of the Regular Butchers” Ansocistion, is now a great accommodation to the inhay ditants of that rapidly increasing neighborhood. Superior Court. Before Hon Judge Paine, Apri. 22.—Enoch W. Clark and others vs Isaac Sissom and F. Loomis —This was an action on a bill of exchange for $2,000, made by the defendant Loomis to Sisson, and. endorsed J. J. Stewart & Co., who transferred it to plaintiff. @ defence wax want of consideration and. that mcre than the usual interest was charged, Verdict for plaintaiffa, $2,220. Smp Borpa ror Lake Frm.—The ship builders all along the shores of Lake Erie are having » busy sessom of it. The Buffalo Expres says that nearly 40,000 tons of new shipping will be brought out on the Lake this season. Over 13,000 of this will go from Buffalo; and among it four steamers of 1,800 tons each, beside one smaller steamer, ten propellers, and several sailing ves sels. The whole ‘new fleet of this season will consist of eight new steamers, twenty propel and seveoty-thres sail vessels. Court Calendar—This Day, Ustrep States District Covrt,—Motions, Sursrior Covrt.—Motions and decisions. Sopreme Court—Special Term.—Motions. Svurreme Court—Circuit.—Adjourned. Assoetation for the Exhibition of the Indase try of all Nations. Orrice, No, @ Broanway, New Yorx. Proposals to cont t for she privil freehmenta at t 0 of supplying Ree yatal, Palace will bo revolved, at shia 4 by the Assectation by tho contractor, a For the form and dimensions of the aparty a and alt | other partientars, patties wishing to contra please ap~ dae au uiwatonnng deine Witt be ancrully peu WH. WHETTEN, Secretary,