The New York Herald Newspaper, October 30, 1853, Page 1

WHOLE NO. 7610. EUROPEAN INTELLIGENCE. “The Mails of the Niagara and Hermann. aa The mails of the Nisgara via Boston, were delivered in this city about two o’clock yesterday morning, and the Hermanv, frem Bremen and Southampton, arrived at her dock at five o’clock A. M. ‘The chief points of the Euro- pean news had been previously forwarded by telegraph from Halifax and Boston, and appeared in our solumus. | We publish, however, te day, some interesting details of the intelligence with leading ar-icles from the European press. The passage of the Hermann was a long and stormy one, When off New York the possengers held a meeting, | at which the following resolutions were adopted :— Resolved, That in closing a protracted asd extraor- | inarily tempestuous voyage, during which we have been | exposed to one of the imcnt violeat gales known to the | North Atlantic ocean, we deem it a duty publicly to ex- | Press our thanks to Captain E. Higa! mate seamanship, skill, ccurage, aud by him in moments of extreme ‘pe der a benign Providence, we are i for a saf turn to he shores of our va topted land; and also tc bear testimony to his impartial aud unvarying courtesy, under the most tying astances, by whici fortable, ve been muds anusually Resolved, That the x04 foxrless- lagher, the for the consum- lance displayed te which, un- ness with which the ¢ chief 01 , Mr. R. Venw Of the versed, have port 3, also dese: ase and firmness with which she has withstood tneir wem+udous shocks, Rave Proven her to be well deserviay of the confilence and patronage of the travelling cominuui Resolved, That a copy of the-e reso-utions he farnishe? to Captain E. Higgins, avd that the pi x requested to publish the same. ‘or and by order of the mee'ing of the passengers. 1% JOY MORRIS, Coairman. Rupowrit Garmicus, Secretary. The Hermann did not put into Provincetown as re- ported. Our Paris Correspondence. Panis, Oct. 13, 1853. Bad Weather—Mosquitos—American Society— Dear Bread—The Emperor's Health and Amuse- ments—Bull Baiting—Theatres and Music— Memoirs of «@ Murderess and an Editor—City | Railroad—Bketch of the Members of the Provi- | sional Government, §c., §c., §c. Wet, cold, damp, and muggy—such is the atmos- pheric retarn ; add to ‘ilis the pleasant fact that we have been visited by clouds of mosquitos—just such animals, I imagine, as were sent to plague Pharoah— large, fine, healthy creatures, which bite with equal vigor and discrimination. ‘The rain has driven thom | in doors, and we are all-—-men and dogs—engaged in @ Gesperate campaign against them. Perhaps, from | presents serious difficulties this reason among others, the fashionables have not yet returned to town, and the arduous duties of the ay season have not yet commenced. They may be shortly expected, however; their heralds—the whitewashers and scrubbing women—have been seen plainlyenough during the last few days. Znt- "autres, who intend to sustain the reputation of Paris for hospitality, I may mention Mrs. Ridgeway, who | will receive as usual ; Mrs, Moulton, who will short- ly exchange her chateau of Petit Val for the hotel of the rue de Courcelles—Mr. and Mrs. Lesieur, of Nor- folk—Mr. Howard, late of the Irving House, who is not going to establish a hotel on the American plan | on the site ef the old stamp office in the rae dela Paix, as was reported, but intends to live uietly and as pleasantly as may be in the Cham Eh Meanwhile, bread remains as dear as e was—as dear, I say, to the city ; costing it somewhere about ninety-six centimes a loaf of two klogrammes. This is sold tothe public for eighty centimes ; qnite a3 much as the es can well afford. The reduction costs the 6,830 francs a Gee: ‘You wil “alarmed to hear that Louis Napoleon had a fit of sadienation on Friday, and doubly shock- ed on learning that the Empress faicted twice on the following afternoon. The natural buoyancy of the French character evabled us to bear up against these natioval diasters; but qont was not entirely restored until the Pe loniteur announ-ed that the atrie and Imperial digestive organs were ouce more in success of New York be | lysées. | ont noble ves- | THis flotills. is conse | seldom presenting open downs of | points at which an army can cross are few. ‘These points SUNDAY MORNING, OCTOBER 30, 1853. logy for the conduct of Captain Ingraham; but as Koszta | would not have been liberated by the French General- ; Copsul bad it not been proved that he was entitled to the | righta and privileges of w citizen of the United States, the | Austrian consular authorities had no right to lay violent hands on him. The prospects of Austria not s0 re- i wareanly woe ant Tnet now that she should wish to pick a quarrel with such a strong young fellow as Brother‘Jona- than, and the probability is'that cropped. The misundersta: Jing between the Sardinian sud imperial governments is greater iban ever, and Count Appony haw returned to this city from Turin’ with leave of absence for an indefinite period. Austria demands the surrender of 43 of her subjacta, who, after having en concerned in the insurrection’ of February 6th, at lan, fled to Piedmont, but to this elaim Piedmont turns a | deefear. The relutions between Switzerland and this country are exactly what they were three months ago. The Austrian Minister at Perne, Count Karnicky, is stil here, and there is no questic ing the blocus of the frontiers of Tas- sin, the g resolved not to yield to Austria on certain points of importance. Should a general war take Jace, the staunchness and coura, f the army will again be auverely tested, for the name of the ecemies of Austria ix legion. “ Within the last eight-and-forty hours two ecdi- tious circulars have been forwarded to me by the post, and very nice productions they are. No one denies that the present is & most critical moment, but the remom.- brance of the proverbial luck of Austria benishes all fear. People here have never mot with the pithy remark of one of the first political writers of the day, about the chapter of accidents being the dible of a certain class of persons, A correspondent from the bauka of the Danube, writ: ing on the 1Nth of Sopteniher, gives the following details respe-ting the Rus: flotilla at Ismail:—Yhe art di- vision of gun boas sailed on the 12th, to exercise on the river, but the state of the Danube, and the unsteadiners of the winds, and particularly the want of steamboats, prevented them from ascending to Gulatz, as their com: inander. Captain Sistreti, had been conmanded to do xently regarded as a failure, boing unable to act on the Upper Danube, Letters have been received from the American mi sion- ariesat Oreomia; on the Persian frontier, stating that areat military preparations were being made for the pur- ‘attacking Turkey in the event of war being de. ed between that Power and Russia. The Pashas of Van, Boyezad, and Suleymana are ring the Kurds and other warlike ‘vibes to oppose the threatened invasion. ‘The Persizn dream is to capture Bagdad and revive the glories of the Caliphate~a delusion which Russian agents strive to mould to their own endr, A Dublin correspordent, writing upon the 12th instant, ‘The detachments of regiments under order to join ‘espective corps rerving in the Mediterranean are to evobark at the North Wall for Southampton, wh thip. ping will be in readiness to convey them forthwith to their several destinations. Leaves of absence have been decisively re‘used to many officers attached to the depots of such of those regiments as form part of the Irish establishment. ‘The original articles of the Paris journals are a little moze varied than usual, The Eastern question oce bat little space in their columns, the genecal opi seeming to be that it might very well have a day’s re spite. The only paper, in fact, touching on the subject i the ‘*, which contains a rather long article on the strategical configuration of the countries in the south- east of Europe, and on the obstacles which they present to an inyading army. The foliowing postion of the article is not without interest:— Iet us examine the present titnation. Rusi having passed the Pruth, is established on the Lower Danute, and appears to be tuking measures to enable it to crors the river, and assume a position altogether men acing for the Ottoman Empire. An invasion, however, " banks of ths Danube are rometimnes marshy, and sometimes exceedingly steep, easy access, so that the pore ein 8 are fortified and guarded with care. ‘The passage of 80 considerable a river in presence of an army proviced with good artillery is an undertaking alike difficult and pe- rillous. Once on the right bank, the nature of the ground causes all the roads to converge towards Schumla, a place surunded by a fortified camp. After that position has been carried, it is indispensable to besiege, or at least bicckade Varna, a strongly fortilied town, situate on the left near the ‘sea, at the spot where the moun- tains come down. At Schumla, the road begins tc pen- etrate into the Balkans; the ground becomes amore and more rugged and abrupt, deep defiles incessantly presenting new obstacles, The Turks, whose bravery no one contests, but who are not well organized, are infinite. ly better calculated to defend themsolves behind entrench- ments than in the open field. For this defensive war, their artillery, which is said to be excellent, would be of great service. In fine, after the Balkans are to be found naked and arid steppes, in the centre of which Adrianople is situate. This place ‘is the iost important of the three or four towns which cover the capital and constitute tho last ine of defence, It would be iudispensable to seize on it, and to leave there a large body of troops, in order to keep up the communications. To these obstacles must be added the difiiculty of marching a numerous army through provinces where the roads are bad, and where food is to be provided from a great distance. ‘These diMleulties would @ avoided if Bussit, mistress of the sea, were to throw suddenly 30,0C0 cr 40,000 men before Constantinople. From Sebastopol, sided’ by the winds and currents, only forty eight hours are required for a fleet to make tho par- sage across. All the forces of the Ottoman Empire lave been directe¢ to the north of the Balkans, and the capi- fal operation. Since that happy moment I have hai | the pieasure of sceing Louis Napoleon shoot some ; be able to take up still more ‘important positions by com. fifty brace of pheasants, hares, quails, and other { geome. The are led to believe i: is their duty to attend a levée lon the Emperor. They sometimes decline, in which case they are dragged forward, and with the aid of slings, &c., compelled to parade before his Ma- Jesty, who, at ten distance, takes aim with a formidable number of them. He was expected last week at the Chzntilly races but disappointed tbe public. I'ortunately for the | ter, the weather did not follow his exsmple—it was fine, and the sport was good. Arunont won the firzt ‘ize. act on south, where ied Bee do not amuse the ic, they aire something more A Ford ye find that at a recent bull three the matadors, among others, the famous Lucas, were dangerously wounded, and the Corregidor ‘was compelled to send in an espada t ii the animal. Our countrymen were still m ~» Ab was being baited the other day at Marguerites, near Nimes, fairl gored a couple of men to death, and severely wound- ed a third. Our city amusements are almost entirely support- ed by strangers. Adam’s new three act opera “Le Bijou Perdu,” at the Theatre Lyrique, has been very ~ -successful; and so has a debutante, Mile. Cabel, who has added a pretty soprano voice to the resources ‘that house. Another interminable drama, by Ani- cet Bourgeois and Masson, called ‘Georges and Ma- rie,” is drawing out its Alexandrine length at the Gaite. Rachel, as you know, is about to leave us for St. Petersburg. She comes out at the Bolchoi; and you may form some nation of the furore she is cre- ating when I add that already all the seats are said to * have been secured for the entire season at $6 and $12. The country theatres are appareotly ina bad way. Managers are unable to fulfil their contracts with their actors, and considerable distress prevails among the latter. It is said that a company is to be started to ‘manage all the proviucial theatres of France. Our Hi patos continues its feats of acrial equestrian skill. It was advertised the other day that M. Mactin would ascend on the back of a lion." He did so, and the audience was much delighted. They found out, however, next day, that the lion was stuffed, and ore un- ow abuse the manager. Some wag quotes Scrip- | ture, and asks whether they would have preferred Maitin to ride on the back of'a live dog. Two books of memoirs, one by the noted mur- Geress, Mme. Lafarge, and entitled “Heures de Prison,” the other by Dr. Véron, the editor of the Constitutionnel, and styled “ Memoires d'un Bour- geois,” have recently appeared, and are attracting much curiosity. Paris is progressing. Our city railroad from the barriere of Passey tothe Place de la Concorde, is now completed, ard will be inaugurated on the 18th. The cars will contain from twenty to twenty-two le, and the fare will be fifteon centimes, (three Fonts) The seata will be divided like stalls in a theatre—an improvement you might properly bor- Tow from us. ‘ ‘The papers are full of the Turkish question, and in pity I spare you any comments. Public opinion here ards war as tolerably certain. it was curious enough that at the time of M. Ara- @0’s death he was the only member of the Provision- al government of 1848 in Paris. All but two—Cre- ux and Louis Blanc—are, moreover, in very bad health. Old Dupont de l’Eure, who has been the —_ of French politicians for many years, is living in bis Chatean de Rougepitre, and awaiting death, in the midst of his relations. Lamartine 4s suffering dreadfully from rheumatism in his legs, and, notwith- stand’ng, is compelled to work hard to falfil his con- tracts with the publishers. Albert (Vowvrier) has been a prisoner at Belle Isle ever since 1849, and is subject to inflammation of the bowels. Ferdinand Fiocon was incapacitated by ill-health from perform- ing his duties as a member of the Provisional govern- ment ; he is no better. Marie suffers from acute neuralgia. Ledru Rollin lives in daily dread of being carried off, at a moment's warning, by a disease of the heart, A.B. GC. The Turkish Question. KOSZTA‘S LIBERATION—USBIAN FLOTILLA AT ISMAIL —EXCITEMENT IN CONSTANTINOPLE—THE TURKS AND CHRISTIANS IN SMYRNA—DESPA TCHS. ‘The Vienna correspondent of the London Zins, writing vapon the 10th instant, says :— ‘The Oew. ee sag gives a detailod account of the ‘Aiberation a: rn of the Hungarian, Martin Koszta, from Smyrna to America, The semi ofiicial organ ia at ‘erent pains to show that the Austrian government hi mot come off second-best in thir matter, ich ia evi- dently the case, The hope is indirec' that the United States goverament will offer some kind of apo- rocecding ‘was curious. ‘The animals | {07 its base of operations, and canght bot | resistance. tal, unprovided with troops, could not male any serious Were the Russians once establised la the Bosphorus, they would use their vessels to transport on this point a part of the army of the Danube, and would ingen them from the rear. The Turkish arm: armies, would be dispersed and forced to take refu; the mountains of Macedonia and Albania. tion would break in Disorganiza- out among those bands, who ‘sare not famous for discipline; the disorder and anarchy, which would be ‘the result, would compel’ Austria to assemble troops, and even in, fires, and really kills quite alarge | to interfere with an ermed force. hamstring | lost patience, | Cc | | ‘The presence of the ied fleets fn the Bosphorus would prevent the Russians from executing this plan of campaign. That intervention weuld prolong the war, and render it more dificult and more expensive. During this time the arrangements of Furope might be modified. It would be difficult for Pras- sia and Austria to remain completely neutral in a ques- tion of such importance. Will circumstances permit France to send troops to the spot? Would England sup- pert and encourage Jocal resistance, or form bands of par- iquant. but at Seville | tizars pecking to maintain the inlependence of their coun- try? or will long war again desolate Europe, ard lead to rew arrangements of territory? These questions must be fet forth in order to allow the whole question to be un- derstood. But there would be great presumption in any person attempting to decide on them”? A eorrespondent of the London News, writing from nstantinop!e upon September 25, says:—°You can form but a faint idea of the excitement that prevails here. Since the arrival of the couriers every one is a¢ked for eat quostion is, Shall we have war :’ The isters with the representatives of the foreign Powers succeed each other with astonishing ra- pidity. Yesterday morning the Sultan convoked a coun. at the imperial palace for eight o'clock. Tho delibera- tions lasted till mid day. The Seeretary of the Grand Vi- zier had sent round summonses to all the Muchirs, Vi- riers, and functionaries, to the rank of Ruttu, and from the clergy to that of Mekke Paissy. One hundred and twenty Hodjas were also summoned. The council com- menced at mid-day to the minute andis still sitting. n@ Austro-American affair is terminated a la aimable. Mr. 't. P. Brown is at present at Smyrna, and is to embark the refugee Martin Kosrta on board the Racehorse clipper, of Baltimore, for the United States, The question of right is to be discussed at Vienna. The Patriarch, as also the Huham Bachi, the Grand Rabbi, died sucdenly this week—the former this day, the latter on Taerday morning Rumors of poison, &o.. are afloat among the people, though no credit is attached tothem. Itis certain that these two personages were enthusiastic for the Ottoman cause. Prodigious efferts continue to be made for war. Tae day before yesterday three steam frigates left for Beyrout, to take on board interview: of Mi the whole affair will be | troops for Varna, and thence for Shumla. A Russian cfiicer, named General Tchikatchelt arrived here last week.” He calls himself a traveller, but it 1: very improb- able that Russia would permit her subjects to traverse ‘Turkey without having in view political motives, This morning a Prussian steam frigatosarrived and fired a sa lute of 21 guns. Rumors ave still afloat of the asproach ing entry of the Anglo-French fleets in the straits. Two firiaans Were granted yesterday for two Neapolitan steam | corvettes; they aze expected from oue moment to an- other. - A letter from Janina, dated the 8th ul!., says—The Bishop of Druinople having left Argyrocastro fora vil lage belonging to his diocess, was attacked en route by reveral Turks, wao beat his servant, disarmed two men whom the authorities had given him as an escort, and struck the bishop himself fron his horse, These acts of viclenes were committed under the pretext that the ser- vant of the bishop insulted a lad who had fluag stones at him. Oncomplaint being made by the bishop to the Kaimekan of ‘Argyrocast 20, the Mendjilissi (tribunal) or- dered the guilty parties to appear before them ; but, af- tera short examination, they were set at liberty at the instant demand of the Mufti. In consequence of that act the bishop quitted Argyrocastro, after having appealed to the Vala at Janina, and to the Patriarch at Constanti- no fi aggression was soon followed by anothar of a ilar kind in the very town of Argyrocastro, While Christian merchant was returning to his home one even- ing he was attacked by a number of Turks, who stabbed him in various places and took ali the money they found cn him. Ajthough the assault and robbery were commit- ted in the middle of the town, the authorities took no steps against the assassins, or fer the protection of the in nts. province of Arta the inhabitants of the village Tzowmerka happened to be whitewashing the walls of their church. As they did not think the permission of the authorities necessary for so simple an act, the Kaima- kan cansed the Mubabirs (Elders) of the village to be summoned before him at Arta, and hav imprisoned them for twenty days, only restored them to liberty on the ayment of @ sum of 600 piasters. Such acts as these have increased the audacity of the Ottomans and the fears of the Christian: ‘The Dervensga Suleiman Bey Phrassari returned to Arta, after having for more than fifteen days exarcised much and useless oppression on the inhabitants of La- mari, under the pretext of compelling them to seize and deliver up to him the chief of the ant sm kali. He threw into prison fifteen Muhabies of the which he traversed, and had them led bound to Arta; but while Suleiman Bey was thus exercising useless rigor on innocent persons, Cokali at the head of eighteen, men, attacked Carvafrara, @ position about twelve mil from Arta, seized the men by Suleiman Bey in “che position called the Five W and disarmed Dound them. on taken their arms, ammunition and , he went quietly to the eatisg house, where he ate and érank his fill, and taking thi he found there, retired unmolested to his place vfrefuge. The atate of the feiss of Radovitzi, situate on the frontier, is deplorable. The bands of bes, gens sbelterer in the province have taken up arms ard menaced the civil ané military authorities of Arta. Suleiman Bey only negotiates with these brigands, promising to each of them pay and kandji (recompens inhabitants of the two villages of the district of Rado- vitzi, Velentziko and Skoulikarkia, having refased to pay ‘the imposts levied on them, abandoned their houses, and have entered the Greek territory. ‘This emigratioa is only temporary, as those families will not fail to return to their homes as soon as the danger is passed away.’? The Journal des Lébats gives the following details rela- tive to Omar Pasha, who commands the army of the Danube :— Omar Pasha is an Austrian subject: ho is a native of Croatia. He was born in 1801 at Viaski, a village situate in the circle f Ogulini, thirteen leagues from Fiume. His family name is Latt His father was lieuteaxat-admin- istrator of the cirele: bis uncle was a priest of the Uaited Greek Church, Admitted when very young into the School of Mathematics of Thurm, near Crristadt, in ‘Transylvania, after having cou ple ed his studies with dis- tinction, the young Latta» ent*red the corps of the Ponts oe: Chaussees “which in Austiia is organized on a military footing. In 1850, in consequeree of a misunderstanding with his superiors, he lett for Turkey, and embraced Is- lamism. Kbosrew Pascha, who «as then Seraskier, took tim under his protection, procured kim admission into the regnlar arnay. attached him to his personal staf, ~ He then gave him his ward in marriage, who Was one of the richest heiresses in Constantinople, and the danghter of one of the Janissaries whore ny he hed erused to be cut off in 1 , whea that corps revolted aganst the Sultan Mahmoud, In 18%3, latas, who had taken the name of Omar, was chief of battalion, and was appointed aide de-camp aad interpreter to General Chizanowsk, who had change o the instruction of the Ottoman troops encamped nar Constantinople. Omar was thenceforward acti ployed in the re organization of th stil protected by Khosrew ly important ‘ions aod command the aand the Albanian insurrection of 1946. troub’es of Sy! gave him oecarion to distinguish himself, and racted tan, He ivas sent to the’ Kurdistan, and succeeded in obtaining the submission of that provinces, which was nearly independent of tha Forte. Named in 1848 to the, command of the army sent to the Panubian provinces, he made the authority of the Sultan respected, while at the same time he respected the susceptibilities and privileges of thos pro vinces, placed as they were uncer the doxble pro- tection of Turkey and Russia. The year 1861 was the most. brilliant perio of Omar Pa: Named Commander-in-Chief of Bos- nia, the principal chiefs of which had refused to recognize the Tanzimat—that is, the new organization ef the empire—he combatted’ succossfally, though with an inferior force, the Beys of thet coat At he was sent to Montenegro, where he foand the first time commanding a regular army of $0,000 men. The intervention of Austria, as is known, put a term to that expedition before decisive operations’ could be com men@d. At the present date Omar Pasha is at Schumlay at the head of nearly 100,000 men. He is described as displaying great activity in’ its organization, and is ocea- pied with for:iying the country which may become tie theatre of war. Omar Pasha is about filty two years of age, below the middle height, but with » martial expres- sion of countenance. He epeaks with the same facility the Servian, the Italian, and the German tongues. After the insurre:tion of Hungary he undertook the defence of the refugees whose extradition had been demanded by Austria and Russia. He proceeded to Schumla, whero he made acquaintance with the principal refugees, and on his arrival at Constantinopla, he interfered zealously with the Sultan in theirgavor. He took several o? thea with him to Pornia and Sfontenegro, and confided to them im- portant posts. Some of them’ havo distinguished them. felves greatly, and have remained in tho service of urkey. The most remarkable izeldent connected with the meeting of the Grand Divanon 26th of September, is that Mebemed Ali Patha, the Seraskier and head of ‘the war party, declined avowing bis opinion. Some attribute this to Kussian influenee, which is ac- tive in the person of M. Argyropulo, the Russian drago man. Others suppose it merely to drive from the will of an experienced intriguer, who foresees the fall of his ri- val, Kedschid Pasha, the head of the peace party, and wishes to come in unsbaekled NAVIGATION OF THE DANUBE. The following telegraphic despatch, from tha directors’ ofthe Austrien Steamboat Company, had been received Messrs, Draper, Victorini, & Co.. of London.wail:— Please to inform the public that the steamers of this company have ceased plying on the Lower Danube below Ursova. of the military career hinself for LATEST DESPATCHES. Buctarnat, Sept. £0, 1853. General Eucers has arrived at Bock: ‘The Russian troops are in motion. Fiftem battalions of footand thirty-two pieces of artillery have marched through the town. The army is distributed among four camps. ‘The Rusrians have posted strong bodies of troops with wing points on the Danube, at which sage of the river may bo elected, at a point opposite Widiin, at the ford of Arker-Palapka, at the ford below Diohibra Palanka, at &point above the mouth of the Schyl, at Lilas, at Fla munda, at a point jurt to the east of Giurgowo, at a point between Kutwritea und Silistria, at a point seven miles be- low Hireova, and, lastly, at Brailow. Large stores of provisions, the presents of patriotic Rus- sians, bave been sent to the army in the Principalities, Prince Gortschako® is on thé banks of the Danube in- specting the troops. Sr. Purarsnora, Oct. 1. The Grand Duke, heir to the throne, arrived here to- ye Onesa, Sept. 26. ‘The cholera has not as yet assumed # serigua charac- ter. There had been no desths within the last three days. 4 Views, Oct 8. Measures aro being taken to reinforos the troops on the Turkish frontier. It is asserted that the New Five per Cent Loan has been effected with the Rothschilds at ¥9. It amounts to £7,000,000 sterling, ‘There is a clause de claring the contract inyalid in case of war, Ou the 10th inst., the Emperor will go to Munich. . Oct 8. bi ‘The king of Prussia, the Czar, the Grand in heir to the throne, and the prince of Prussia, arrived last night at Potsdam. On the 9th the Czar leaves fur St. Peters- burg, by way of Konigsberg. His journey to Kiew has been put of Onr letters from Torlin represent that the truant jour noy of the King to Warsaw, co unlooh x, 80 contrary to the known wishes of the minister president so prejndi- cial to the independent neutrality hitherto observed by the Prussian cabinet, hud made n profowad aav nnplea- sant impression on the public wind. The royal truant appears to have takeu advantage of M. Manteuifol’s mo mentary absence from the capital to gratify bis penchant for the society of the imperiul obs: lutist, and the Berliners fear that the weak kirg may return to them confirmed in his most erroneous and iimpracticable no- tions of goverment. [t ix @ well ascertained fact that the Czar has been most pressing in bis invitations to his royal brother in-law, and that tho efiectual message, car. ried by Count Munster, arrived at Rerlin only on the morning of the day on which his Majesty set off. The Berlin newspapers speak with great cantion of the king's journey, yet plainly betray a wish to discuss it in its sus pected bearings. To credit a correspondent of the Cologne Gazdile, orders have been delivered to the conductors of the Prussian newspapers, restraining their liberty of writing with reference to the Russo-Turkish question. CosstaaTiNnorLE, Vet. 1, 185 A further levy of $0,000 men has been ordered troops, with thé army vorps of Syria and A\ reinforce the camps at Bateun and on the Black He: The resolution of the Turkish council to declare war was adopted by 60 (0 3. The report that Paskiewitch is appointed commander in-chief in the provinces, and that Menschikoff is named governor, creates unfavorable impressions. Advices had just been received at Vienna from Con stantineple to the Sth instant. They state that the Tur- kish manifesto has been published. “They state that the Glmutz propositions have been rejected by the Sultsn. These advices are official, Matra, Sept. 24, 1853. The Americgn brig Potomac has arrived in our harbor. 11 is asserted That the refugee Koxrta is on board Warsaw, Oct. 3, 1853, The Fmperor of Axstria and the King of Prassia ar- rived this afternoon, having travelled together from Kosel. England. ‘Thirteen deaths from cholera occurred on Sunday, Oc- tober 9th, at the Liverpool workhouse, ten of which were emigrants from on board the Isaac Wright, two from the iJas Greenman. and one, a pauper, who had been in at- tendance on the cholera patieats. In addition to the deaths at the workhouse, two deaths from the same dis- ease have been re] Kent atreet. On Saturday, four German emigrants, from the ship Emma Fields, were brought to the workhouse. The total deaths from cholera at the workhouse, up to Sunday night, were forty-nine; tut, with one or two exceptions, the deceased parties were 8]] German or Irish emigrants. The folloving letter was addressed by Mr. Bright, M.P., to certain gertiemen in Manchester desirous of holding a public meeting on the Kastern question ALE, Oct. 10, 1853. Dear Sir—I have your circular calling a meeting on the Enstern question. I can conceive nothing more unwise thar to endeavor to excite pudlic opinion to drive the government into a wor with Russia in defence of Turkey. If such a war should be undertaken, I believe our chiléren ani posterity will judge us precisely as wo now judge those who involved this country in war with the American colonies and with France—with this difference only, that we shall be held to be so much more guilty, inasmuch as, having had the blunders and czimes of our forefathers to ua and to guide us, we eball havo wilfully shut our eyes to the les- fon which thoi unfortunate policy has left us. Manches- ter and the two millions of people in its district will, I hope and believe, regard thore men as their worst ene- mies who, by ct at this moment, shall weaken the efforts of Lord Aberdeen to presorve the peace of Europe. If mew would lot their reason guide them rather than their feelings, Iam sure the pressure of public opinion worald be for peace and not for war, War will no! Tarkey, if peace eannot save her; but war will brutaliza our people, increase our taxes, destroy our industry, aud stpone the promised parliamentary reform, it may rears. *foanast itend your peters but I send you some of my views on the Eastern questi Tam very BRIGHT. J. W. Hepsoy, Eag., Athenus, Manchester, ‘The Turkish Minister visited the Farl of Clarendon at the Foreign Office, upon the 11th init. The Orpheus bad arrived in lani fren Adelatie, whence she sailed on the 12th of , With 3,292 cunces of gold, valued at £13,100. Puorocmarme FRAUDS ON THE BANK OF ENGLAND.—A dis covery has eoontls been made at the Bank of Knogland which will cause, it is understood, a great change to be speedily €: i ected in the character and general appearance of the votes issued by that corporation. It has just been ascertained that, by meaus of photography, fac similes can be obtained by # skilful operator, with the greatest iaci- lity; and that fraudulent copies of bank notes, tiius ob: tained, would pass muster, even with some of the most experienced judges. Ve are not aware by what means the suspicions of the suthorities of the bank were origiaally excited om this important subject. It is stated, however, that they were first caused by one of these fraudulent notes having beea exchanged for gold “ over the counter;’ its spurious cha- racter having eacaped the generally closely scrutinising eyes of the cashiers in that depa tment. Under the impression, from ctrtain indications which manifested themselves on the note, that it had been fabri- ed by photographic agency, experiments wore made by of the mosteminent and experienced photographers in the metropolis (whose aid was called into requisition by the bark authorities,) when it was clearly proved, by the results of those experiments, that the spurious note had ecu manuluctured by the meaus suspeated, viz: pla graphy. So close was the resemblance between the «pa Fons note (thus experimentally obtain Luhe we one (whence she copy was.takea by the photosraphe alluded to,) that not only were the signature and th t 2 to ihe bank oificials) but the very water- , Was as clearly and closely * the other more prominent characte: istics of genuine dooumer t. ‘The process adopted to produce theso elects is well krown to all photographers as “the wax papor proc ‘The pho ¢ Ubin negative paper, after having been pre n wax, anc then rendered sensitive by the usxal metho? (which need not by described here) is then in a fitstate to receive the impression from the genuine note; the printing, the siguature, and tho water mark, (ond, in fact every mark, however minute, which ap: fuco of the note) being elearly and distinetly fived. This ix termed the “negative: ? and from this ‘negative "? obtained by such an extremely simple method, when adopted by a skilful manipulator, “positives ” (exact fac-similes of the note itself) might be multiplied by means of sun-printing to any extent, Ireland. A Galway paper says:—There seems still to be no check to the fearful tide of emigration which is depopulating this unfortunate country. Day after day are they de- parting, and even the rigor and_dangera of a winter voy- age haveno terrors for them. To-day (Oct. 11) the bark Clarence, J.B. Paréon, our respected townsman, owner, ceparts from the docks with one hundred and twenty pastengers One comfort the poor people have is, that they will be well provided for by the owner, and every attention gafd to their comfort. ‘The Ulonmel Chronicle remarks that all kinds of new grain are coming very slowly into market, the farmera continuing to hold back supples, althongh the pric extraraganty high as compared with those obt the corresponding period last year. This fact of iteel!, it is added. would seem to say that the farmer is beginning toexperience “better times:’’ for in many instauces, to our own knowledge, the tenant farmer in this neighbor hood bas paid his rent without, as in former years, being required to dispose of bis crops. We regrot to say thut the reports which have reached us about the potato crop are not as sati-factory as we could wish. The blight is stitl progressing in ita’ mysterious course, and it will re- quire the utmost vigilance and care to prevent it from spreading in “the pit’ or elsewhere, andof infecting those which are already free from it, DREADFUL MARINE DISASTER—WRECK OF THE BRIT- ISH SHIP ANNIR JANE ON THE SCOTCH COAST— THREE HUNDRED AND FORTY LIVES L08T—SCENES AT BARRA ISLAND—INCIDENTS OF THK DISASTER, ETC., “BTC. Our English files by the Niagara announce one of the most terrible catastrophes on record—the totul loss of the ship Annie Jane Mason, commander, belonging to Liver- pool, which was driven ashore on the irom bound coast of Hurra Island, during the recent gales, oa the night of Wednesday, the 28th ult., when no fewer than three hun- dred and ‘forty-eight passengers—men, women and chil- dren—met with a watery grave. The Annie Jane was a large vessel, and sailed from Liverpool, for Quebec and Montreal, an the 9th of last month, with some four hun- dred and fifty emigrants, most of them Irish families. It is presumed that she had made some progress across the Atlontic, when she encountered the Iste fearful south- westerly gales, which disabled her and rendered her un- manageable, and in that hopeless condit.on sbe was driven k pul dashed on the terrible coast of Barra, one of the With a point called Vatersay, where tie d, the island is six miles in Jength and two aud lies some five milox south-west of ‘There is a lighthonse on tho head, righest in the United Kingdom, being 680 ¢ the level of the sea. Such is the terrible cha coast, however, that there is little chance of a vessel being rescued when ones it is entangled among ihe reefs. Several of s contrived to get a passage from the island over to Yobocinory, a small sea- port inthe Isle of Mull, and from them the authorities lenrped that 248 pas engers were drowned, and 102, with Mr. Pell, the chief officer, and 12 of the crew, saved. We give below portions of tho fearful narrative :— * © © ® At the time the ship struck, ail the officers and crew were below, but there were also on deck a largs nomber of male passengers, who held on by ropes aud rigging, end with feelings of despair contomplated their fate. Meanwhile, the groat majority of the passengers, including ail the women and children, were below in their berths but the. striking of the ship gave them a fearful wakeving. Many rushed on deck in a state of nakedness; wives elung to their husbands, and children clung to both, rome mute from terror, and others uttering appal ing screams and eagerly shrieking, “Is there hope”? The scene is described by the survivors as the most agonizing which it couldenter into the heart of man to conceive. After the first shock was over the passoagors rnsbed to the bots, three of whish were placed between the mizenmast wnd the poop, ané the fourth lay on tha top of the ¢ house forward. The lightboat had ready beon lost. But the bonts were of no earthly for they were all fixed down and secured, or lay botto up. While the passongers were thus clustered around the boats, and within a very few minutes after the ship grounded, she waa st yn sea of fearful potency, whieh instantly carried away the dense mass of huinau beings into the wetery waste, and bonta and bulwarks went along with them. At least ono hundred of our fe low creatures porished by this fell swoop. The wild « of the sufferers was heard for a moment, and thea all was wtill, ‘The creat majority of the women and children, as well as some of the mr le passengers, remained below, either parslyved by terror or afraid that they would be washed away in the event of their coming on deck, But their time alse had ho frightful thumping of the great ship, taken in connectioa with her cargo of railway iron, must bave immediately beaten the bottom out of her; and while ler fabric was in this weaken state, another Sreadful sea broke on board and literally crushed that part of. the deck nitnated between the mainmast and the inizenmast, down upon the becths below, which wero oc- euipied by terror-stricken women and sleeping children, ‘They were killed rather than drowned, as was fully evi- denced by the naked, mutilated and gushed bodies which were afterwards cast on shere. ‘The min and mizeniuasta went at the same moment. This soeond branch of the catastrophe took place within » vory few minutas after the passengers and part of theerew had been ewept away from the deck along y.. the boats. The most of the ra- wainia aspengers now took refago on the poop, which was avery high one, and each susceeding &erault of the roa carried away ‘ty victim or vietims. In rhort, within ome hour after the Annie Jane struck, the luet masts went by the board,’ and An additional number per ished at this disruption; and all the survivors remained on the poop, with the exception of seven men, who had secured themselves on the vopgallant forecsstle. The poup fortunately floated well, and, as it was about high water, the wreck was drifted inwards by the wind and each heave of the sea, when it finally grounded about 4 o'clock A. M. The forecast'e, with the seven men, came askore much about the samo time. The wreck had been observed from the island almost as soon as the ke; and, in the first instance, seven or eight of the Barra men game down to render such aid as might be iv their power. The remains of the misen- iast were still attached by the shrouds to the wreck of the poop. and by the help of the islandors it was placed £0 as to form a gortof bridge or ladder between the poop and the shallow water; and, as thetice had now fully ebbed, all the survivors got’ on shore without much diffi- culty by 7 e’clock in the moming. When mustered, the survivors were found to number a total of one hundred and two, of whom one was a child, twelve were women, and twenty-eight belanged to the craw, exclusiva of the captain, who was also saved. When. the poop was drift- ing ashore he securad himself upor.its skylight. But the departed friends of the survivors ware astiore before them, for the beach was Hterally lined with thoir doad bodies, as well an by ianmerable fragmants of the broken ship, and the light parzof her cargo. None of the survivors extimate the loss of life at less than three hundred and fiity, and consider it close upor four hundred souls. The latter would be.the case if five hundred indivicuals, i cluding cbildraa, were on board, as is generally beliaved. almost all (ho eabin passengers poris'sed, inckading Capt, Munro, of Quabec. Such as wave saved rerjained by*until the tide ebbed, when they waded ashoro, the watur taking them near! to the armpits. At daylight the bay was strewn wi dead bod as to the number of nearly threo hundred, groat- ly disfigured, many of them without limbs and ‘heads, ond nearly all naked, thereby showing how instant must have been their desth, and ‘the ‘ul strength of the waters which in so. short a time made such havoc. Only one chikd was saved. It belonged tos humble Irish Woman, ‘who, with her two children, was about to joi her hushend in America, She struggled hard to pre: sexve them both, one on ber back, and grasping. the other im her arvas; but when tho ship parted, the latter was dashed into the sea, and the other remained. Hebrides Switzerland. ‘Nowa arriving at Berne on the 4th inst. states that the geet of Ticino had orgatized several companies mi a The deputies of this canton contiaued to have frequent conferences with the President of the Coufedera’ and insisted that Austria should cease, within a given the violent measures which abe has adopted, Germany. The German papers publish the following note, dated Innspruck, October 7:—The news is confirmed that four emisraries of Mazzini have been arrested They betrayed themselves by thelr conduct. When a cendarms ¢e- manded their , one of them drew out a pistol from his pocket. There were found on them English oxsa- ports, proclamations, and letters which eompromise many persons in southern Tyrol. They also had 40,000 floiins, A fifth emissary encaped. Holland. ‘Taz Hacve, October 8.--The Minister of Public Worship in Holtend has notified to the Royal Commisai aera in the provinces the receipt by government of an oflici:l com- munieation from the . giving notice of the erection in the kingdom, by his Mokke at on archbi‘hopric and four bishopries, and of tiie nomination of an Archbishop and four Bishops. The Commissioners, in accordance with the new Iaw on religious liberty, will, consequently, be enabled to communicate officially with the abovemen- tioned dignita ies, provided that the faraity namos of the prelates be joined to their ecclesiastical titles. Italy. The Parlamenés of Turin of the 6:h instant announces that on the 28th ult. the Tuscan government hai pro- roulgated a pew raunici zal law. Every district of Tascan is to be represented in future by a Couscil Gearral, a tri- bunal, and a gonfa onier. The Council General ia to :on- sist of the gonfaloniey, the priors residing within the ju- risdiction of the tribanal, and a certain n amber of coun cillors. Tho appviniment of the gonfalonier the Grand Dike. ‘The members of the ( are drawn by lot from among the proprietor trict, aud the priors are chosen among tli payers ighest tax In towns of «hich the population dows not ex- 100 inhabitants, the priors are to ba three, and tha ssix in number. In towns of from 2,000 to to be four priors and more than 6, ors in) abitasta, there are a tho e eight councillors but under 10,000, five nbove 10,000, but rot exceeding 1 twelve councilors; in those above 13 seven priors and fourteen councl: ing more than 10 000 inhabitants, © teen councillors: in the city of Lucca, nino prior aol eighteen councillors; and at Plorence and Leghorn, ton iors and twenty councillors. The gonfaloniers remain office during four years. The new law is only to come into operation on the Ist of January, 1864, aud the pre- sent gonfaloniers and Counmunal Councils are to coatinue in tunctions until the 8ist of December, 1 The Giornale di Roma’ of the Jst inst. announces the death, in his 80th year, of M. Joseph Capogrossi, Pro fessor of Criminal Law in the Roman University. veenland, It was mentioned on the iid of June last that an expe- dition was about to start from Portsmouth to test the miping capabilities ofthe southern coast of Greenland, in copsequence Of a grant having been made by the King of Denmark toa Mr Lundt, The Dolphin yacht, of 217 tons, which was fitted out for the purpose by Mr. Albert Rebinson, Sir Walter Trevelyan, and Mr. Regner Westen- holtr, has now returned to London, after an unprece der.ted passoge of six days from Cape’ Fare well to Land’s end, having on board wpwards of 16 tons of copper ore, raid to average more than 50 per cent of pure metal, and A great variety of specimens of silver an¢ lead ores. The expedition wae accompanied by Mr. W.C. Vivien, a min ing captain from Cornwall, and Mr. Hoff, a miueralogist, on the part Of the Danish ‘government; and their report is stated to be very satisfactory regarding the metallifer- cus character of the entire country included in the grant. Mr Friis, a Norwegian mining captain, and tea men, were left at the minos to carry on operations. India and China, ANTICIPATED FALL OF YEK!N--THE MARKETS IN CHINA—FURTHER FROM BURKMAN—THE PERSIANS IN HERAT. The steamer Calcutta a M, on October 11, in one exandria, with the tollowiag intelligence:— ‘Tue rebellion in China coutinuro to progress, and Pakin was expected to fall soon, and with it the Hiea foung dynasty. ; Manifactures everywhere in better demand expected in the China markets. Tea in demand, and congou higher; raw silk and cassia had also riven, Exchanges at Bombay 2, 144; Caleutta, 2 034 to 2034, 5; Hong ong, 5-9 io 5-103; Alexandria, 99 The exports of grain from Ezypt w elat Trieste at 4 o'clock A.® aod ten hours from Al- ¢ still going on, and the question of stoppage unsettlod, The Nile a falling. The acco unsausfactory. The war party steength. The King alone preven ish provinces are over- large bands of robber with the view of t There bands a who lay them waste, tanta into Bucman, ree at Prome. obtaine ‘The troops are sickly, osion of Herat. Latest from thre West Indies. The steamship Merlin, ‘VYhomas and Bermuda, arrived at this port ye ‘The Merlin lett St. Thomas upon the 19 23d. The news is vot St, Thomas rays —“ , and Bermad: upon the pondeut at lth of the Island is very good, never was more so—weathor very | ho" and clos The Bermu ia Joyal Corte of the 18th instant trans fers to its columns a copy of the proceedings of a ne ing of the members of the court and bar of Take county, Ohio, held after the intelligence of the dea h of Mr. How: den, late United States Consul at Bermuda, reached his asnociates. A case of jail fever had oce: fon, The patient was inmed A scheme is in project New York and others in} 200 tons measurement, 0 whole cou:munity is purposed that she be kept entirely on the freigh ess, heady uarters to be in New York, and commande and manned by Bermudians, As sown asitcan be ascertained how far the schemg meets with support, a meeting will be called and business entered upon. Captain Austin, 66th regiment, was appointed fort jutsut at Bermuda. The Bermudian of the 19th instant, speaking of the prevailing ¢ By the obituary in this im prescion ef ow ident that the fever still lingers in the colon: ut there is no question that it is very covsiderably checked, both as regarda the number of cases and the amount of mortality. There is good reason for the hope that its further duration will be quite linit- ec. Acorrespondent conveys the information that the disease was introduced into St. George's from abroad, and the e ce he gives in support of that statement ig qui'e to the point. ° The £ ravages ‘ed ia the Hamilton pri- renfoved, erchants of ssel of about, ‘be thrown open to the having heard of tho ’s, despatched three me <rgns to that place. fon of an increase to the police force was engly adyoeated the press, A report for anew borial ground for St. George’s was submitted to the House of Assembly. ST. VINCENT. The weather had been rather alarming in this island, and onthe 17th ult. it wore a very threatening appear ance. Shortly after sunset it began to thuader with in. dications of rain, which showers. As the night advanced the thundering increased, accom panied wich lightning so vivid as to have at times illumi- nated the whole land. About midnight the storm was so severe that Inany of the inhabitants were induced te quit their beds in anticipation of a hurricane, TORTOLA, Tre investigation is proceeding before the avthoritios It 8 that a very large number, nearly 150, aro accused of being ringleaders of the rioters, A Tortolian mob with 150 ringleaders is somewhat like the old mili tia of thatisland, with as many officers as privates. Of the number arrested, thirty-five hal np to the 29th alt. ed. The number of soners will cause a heavy drain on the pubii sof the island, and will still mere deeply involve them in fivancial difieuitios, ‘The arrival of the Governor-General was daily expsoted. BARBADOE Eeq., the olde: mber of the ebrew Barbadoes, at the advanced age of Isnac Valverde community, di 77 years. More Destructive Fires. IN MILUEDGEVILLE, GA. A despatch to the Savannah Repuhlice there was ® disastrous fire in Milledgeville on the It broke out in a workshop, about 10 o’clock, and destroyed the entire equare of buildings opposite Huzon’s Motel, The brick block containing Child’s jewelry store, vas also con- sumed, There are but two or three stores left im the town, Noue of the hotels are iojurad. The loss ispqrhaps ono hundred thousand dollars. IN LOCEPORT, N. Y. Lockport, Get. 28, 1853. Another large fire occurred in this vill last night. It origiuated in the tub and pail factory of Bous & Kieorn, which was consumed, with the saw and flouring sill of Douglass & Jackson. The loss on mil property is sup. pesed to be about $225,000, Tun Sxow Srorv.—The snow storm xeported from the Last gpvears to have raged all around us. It prevailed with much Violence in brie on Momda: night, and scow fell to the ‘epth of several inches, Tt was w by severe thunder and lightning, and daring he house of Capt. Zimmerly, in the heart of the city, was struck by the electric Maid. Fortunately the inmates of tho house wore nninjured, although the chimneys wero demolished, a clock was torn to piecos, three doors wero forced from their hiages, window glass and cashes destroyed, anda bed usually occupied, but which fortunately was vacant on that night, was mash damaged. The walls and ceilings were begrimed and fae ba te by the explosion of powder.—Bufrulo Yommer cial. _—_— New yore Fingwgn iy Bartiwonr.—A deloga- tion of firemen from New Yors, Company No 14, aro now on a visit to Baltimore and are the special guests of the Mechanical boys. They have been entertained with « ea dinner at Barnum’s hotel, in the usual style of that celebrated house and after discussing the oT Yt Sateenner Sobel met trates Se er men meee ame dering ‘emer cm ot fisoere and =3 timore Sun, Oct, 93, = PRICE TWO CENTS, Decision of Judge Duer in the Broadway Railroad Case, SUPERIOR COURT. Oct, 29.—In the case of Thomas E. Davis and other, against the Mayor and Corporation of the city of New York, Iam now prepared to give my decision. Before 1 proceed to state the conclusions at which I have’arrived in this case, I deem it appropriate, for several reasons, that Ishould give # brief history of the proceedings which have taken place before me, because these pro- ceedings, if they have rot been misrepresented, bave been misunderstood. Tho ease was brought to a hearing on all the issues made by tie pleadings ix’the May term last. More thgn eigh'y witnesses were examined, and the examizations of the witnesses and the arguments of counsel occupied two full wets of the terar and » part of the third. I might wit! propriety have suspended the argument at the end of the secord week, that closed the regular term court, but 1 consented to sit there during the ensuiag week. By the consent ef all the parties the testimony had been taken dewa bys ster ographic writer, and it was egreed on both sides chey should be governed exclusiv y his notee. Im the second place, I took no notes ‘self, and was conse- quently unprepared to exazitte the evidense at all—aud of course to decide upon quostons of fact which I would have ‘desired to decite— until supplied with a full and complete copy of the ovi- dence from the notes of the stenographer, It was quite evident that a fair copy of this evideneowas indispensable to me; but it was alo impossible to furnixh this before the expiration of twenty days, within whieh time it would be nece: sary to give my decision; and alvo that it would be imporsible for me toexamne the cass with suflicient care. I therefore stated to the counsel that it would be impracticable, and that it would be necessary to extend the time. Ihad been convinced, howeyev, that what- ever decivion might be wade, an appeal would be taken te the General Term. But there could be uo-appeal to the Geueral Term until Uctover. I therefore proposed that the ume for rendering wy decision should be postponed until August, or September at ferthost. The coansel for the plaintiff acceded to this request; but for some reasons best known to themselves, and ao doubt satisfactory, bat which L have never been able to understand, the defend. ants refused to acceed to my request. It happened as E expected. The notes were not furnished, as right have been anticipated, until two or three days betore the expl- ration of the Limited term of twenty days and within which I was required to degide the question. The testi that was taken by our stevographer amouuts to nearly two thousand folios—I am certain that in the arene it would make a large octavo volume; and all nase of evidence I was alluwed but tvo or three days to read over. It was @ physical imjossibility for me even to read over the testimony in time to give my decision, Under these circumstances I was required to give my de~ cision. Having examined the testimony, I arrived at = conclurion on the question of nuisances with some diff. culty as to whether the plaintifis had sustained a special: injury, as the witnesses, possessing equal skill, respecta- bility, ‘and experience, swore in the mos. positive manner on ‘opposite opinions. ‘Then the difficulty occurred whether the action could be maintained in the name of the plaintiffs ss individuals at all, if the Attorney Gene- ral was not a necessary party to the suit, ‘This objection was first stated on the arguiment of the motion for an at- tachment. The culy answer then given to it was that the complaint did all- gv that this was a public nuisance, from which the plaintiiis, being owners of property on Broad- way would sustain special injury. Judge Bosworth intl- mated very clearly that that was the only groundem on which the suit could be maintained. Such was my ewm impression at that time,though the question wag sea ifat all discussed before me. I was unwiling also yield to my own conviction that the Attorney General was a necessary party, until I had given the counsel for plaintiff an «pp ity for arguing that question fully. Tnsteac of giving a ual jadgwent in this case, & divected a further argument on the following question -— Have the plaintiffs a rigut to maintain the action, if the evidence is sufficient to prove that the Broadway would bea public nuisance, from which the owners of property have sustained special injury? In such » case rout the plaintiif be dismissed in order that the Ato: General may be matlea prosecuting party? T understand that my right to make an order in’ this matter has beem disputed, and I therefore shall explain in a few words, the grounds on which I have a right to make this’ order. ‘The provision of the Code—ses. 267—declares that upon = trial of question of fact this decision shall be made im writing within twenty days after the adjournment of the court at which the trial liad taken place. It has very fre- quently been doubted, and I have always considered ita doubtful question whe: ber t) section of the Code was intended to refer to any other class of cases except in those which, in their oxn nature, ought to be referred to a jury. But a larger construction has been given to it. It is thet construe- tion which 1 am willing now to follow. It has alwagw been doubted whether this section should be considered merely as directoral cras involving @ positive duty. The counsel for the defendant have al insisted this, namely, that this imposas by its terms: positive duty upon the juege, and that his tailure to comply with this condition Seucers void any juécment pronounced by him on the exyi a of qe time to which he wae Tinited. Thus, ng the Construction, it is said that, wherear I have twenty days 1 though Tam wili case within the ve iost all jurisdicticn in the case. Al- ¢ to give the consirustion that I have | stated tw this provision of the Code, the consequence that sirest the reargiment upon any of the a ase hy 20 means follows. Itis th bt of a judge to direct anew avgument before bis teal decision is pronounced. In al canes where the evidence is ceomed by the court to be coullicting the court will probably cail a jury. These caves are numerous in which this course has been pur- Thad no right ¢ sued. Afier the case has been heard by him, it is doubtful in his own mind, the case be referred to a jury I have no doubt that J. the court has aright to make an order. which involves another question. Ina casearguei before Judge Paine and myself, in which Mr. Field appeared for defendant, and which was again brough; on by argumeat before me in the Special Term, | understooc che plaintiff to say that the counse) cid not call in question my right to make am order, and did not raise any objection to the jurisdiction of the court (shall now proceed to state the conclusions at whish I have arrived, after « very careful examina- tion of the authorities bearing upon this question, and the reasons upon which these authorities are founded. My first dificulty was, whether the Attorney General im this State po powers which, by the common law, are vested in tue Attorney General in England. It was supposed that, although it may be construed that the Attorney Gecera! in Kogland is # necessary party to a suit of this Kicd, that when individuals by whom the suit is brought ave unable to prove that they have sustained any special injury, it was oy a rule of common law that th? Attorney General was deemed te be a party; and I considered it to ue very doubtful whether he, in this case, possesses any other power than that which is con- ferred upon mo by the Revised Statutes. I should be’ very unwilling indeed to assert positively that the Attorney General does possess this power which by the terms of the common law belong to the Attorney General in England. Dut it is unnecessary now to deters mine upon that point. The people of this State are = sovereign power, and their interests are involved in all cases where that power is questioned. The people of this State have, therefore, an interest in all cases similar to the present. If is should appear upon examination that those authorities showed along, wovarying, and unbrokem chain of decisions in the English courts, it is certain that the Attorney General is a necessary party here. It is said, however, that this objection cannot now be taken. Section 149 of the Code makes a defective party com- plaint, on evidence, a ground of demurrer; aad, cersainly, if Thad only the right to pass upon the objection, on the ground that it bas not been taken by the paxties, it haw been definitely waived. My examination of this case has Jed to the full conviction taat the Attornoy General is # party without whase prosence this controversy cannot be determined. “Without going into a very full examina- tion of cases, although | canrot but admit that the foree of the rale is weakened by a decision of the Supreme Court, the general rule is, that where the act of muni- » cipal ‘corporation is 2 subject of complaint, against which relief is sought as a nuisance to the publie at large. the Attorney General is @ nee party. Various grounds are stated in this, in which it covtended that the corporation and their grantees ou) to be restrained irom building # railroad in Broadway. Now, with the sirele exception that the railroad is as~ sumed to be @ public na'sence, the other grounds may be confined 1: two, They either imply oxcessive power and on the part ef the corpovation, or a breach of trust; and in this mat the tax-payers of this city are equally interesied with the individuals bringing the suit. Every tox payer kas the same right to restrain the cor- poration from excess ef power. In the case of the Attor~ ney General ageinst Poole, (second King, 190,) a demur- rer was allowed, and (he Attorney omen ee it Wilson, ite cae, in (Sth Semi, circuit,) is a caso in pomt. making the Attorney Genorals party to case, is te protect the corporation against a mult many pal and tofasure » decision when the suit is brought‘in his name If the plaintias walt for verdict of a jar and it sleould be agniae$ them, then they must pay all the costs of the suit; whereas, if they elect to bring the A\ General in as mparty, they are at liber to amend the appeal, and areallowed thirty or forty davs for the. pur- pose, without the payment of costs. Now, if the Atter- ney General was niade a party to the suit, the complaint will be altered only fn its preseut form, and its character will not be chi ng The partios will settle the order und conform to “ecitioa which I have pronounced. ‘The plaintif—s have an election to determine whether or not they will bring in the Attorney General qn yd in the suit. They are to eloct whether he is to be brought in ane prosecutive party to the suit or have an order di- recting an issue on the question whether the railroad would be @ popular nuisance. In the first fg the complaint may be amended without cost, and they will have forty days; or in the second case, if they prefer iding the issue, the question of costs will arise. pdtemrarhnianaar dries wh C.T. MOOLENAGHAN, Clerk.’ ‘the . months leave ‘nnd has been ordered to bis, the fag ebip of the heme equadren, mena