The New York Herald Newspaper, February 5, 1854, Page 4

TS TE Se NEW YORK HERALD.| ~saAN.MB GORDON BENNETT? PROPRIETOR AND EDITOR, QEPICE BM. H. CORNER OF FULZON AND HASELG 78+) ve anmee | 5 por ame | ny part ¢f Great Britain, and 36 be one te! mt. ot pave eT" ‘or Bubsori, thens, or with Adver~ oe ee Mir the portage will be Geduated from VOLUNTARY CORRESPONDENCE, containing levper sie solicited from any quarter of the world; Barc wit jor eg OUR Poumon CORR MPOMDEETS eeTen TOSKAL ALL LETTERS AND Taken of anewynous communications, We do ted. TRG soeeuted swith neatness, shea racist, and ABE PARTICULARLY RMU wet return thi SOB PRINT Serpated. ‘5 TO-MORROW EVENIFG. BOWERY THEATRE, Sowery—Uncre Tom's Carin. BROADWAY THEATRS, Broa¢way— Two Duzzanns— & Minsunmens Niours Dream. BURTON'S THEATRE, Chambere coreet- 8 Mipsumman Rienr's Dawa Uncur Sam TEEATRS, avening—Unece To ham street—A ferncon— CARIN WaTi Gawernn. ALLACK’S THEATRE Brosdway—"acniroR oF axe Love AND MURDER~ Pretty Pinos oF Business, —Afternoon—Hor Gonx—Panoy PROGRESS, BROADWAY MENAGERIS—Sismess Twrvs axe Wp ere. 4 MSRICAN O 4 BOU! 472 Broad Srlarncrias iter whem acs Minstrel Hall, 46 Broad. way -STUOvIA® MELODING BY Woon's wINne? way--E tora BUCELEY’S OPERA HOUSE. WiOFIA® OPERA TROUFR 6X9 Brosdway- Brox BAKVARD'S GRORAMA, @¥ why Pavonaue Ov we Bory Baye ndway—Day and Sroning, RRENISH @ALLERY ¢ BIGNOR my ACADEMY BALL, 663 Grostway-Prnman’s Grrr hx mown rioas OF THE ORVEW TRROR. Sore Hares, 71 BLITZ—Crevvweant Inetirere. 869 Broad Dioedea —Jowme’ Pasrosoore BRYAN GALLERY OF CHRISTIAN ART amy ME Brod Mew York, San Masls for the Pacifi TEE NEW YORK WEFKLY HERALD. The U. 8, mail ste p Georgia, Captain M’Rivotrey, will leave @t two o'clock, for Aspio vall, The mails for California and other parts of the Pacific wit] close at one o’elock The Nay Yous Wraniy Henan, California edition, cov- } F port to-morrow afwrnocn, wmlaivg the Istest intelligence from all parte of the world, will be publiched at ton o’olosk to-morrow morning Single copies nixpense, Agente will plesse send in Whetr orders as carly s* posible. By the arrival of the steamship Arabia, at Hali fax, we have received a synopsis of one week's later intelligence from Europe, which contains many fea tures of creat interest. Having commented upon abe war question in another article, we will only re mark that at the date of the sailing of the Arabi tice of a formal declaraticn of war by Russia agi England and France was said to be hourly antici- pated, the Czar having been officially informed of the entrance of the allied fleet into the Black Sea, with the intention of protecting the Ottoman territory from the aggressions of the Russian squadron. The Sui tan, by consent of the four Powers, has made some important modifications in the note propesing a ces- sation of hostilities. as will be seen by the details of the news. The battle of Citale, which lasted five days, turns out to have been of a much more sé: guinary character than was anticipated. The R sians acknowledye a Joss of four thousand killed. The general news from Europe, though quite teresting, is not of great importance. The approa pg meeting of Parliament and the political tenden eies of Prince Albert,were occupying the attention of the English politicians. Several lives were lately lost by the wreck of the sbip Joha O'Gaunt, off Holy head. In France attention is being directed toa financial scheme to obviate the necessity of a larze Joan by the government. Unusual actiy in the French navy yards, and sand troops were in readiness for shipment at T« The commercial advices brought by the Arabia are of considerable importanee to dealers in this country. Consols had greatly finctuared, and Ame- rican securities were in demand during the week ending on the 2ist ult. Breadstuffs fell off in the early part of the week, but at the close there was a better feeling and prices improved. Cotton had slightly declined, but provisions were firmer and ra ther higher. This news had the effect of ing the prices of flour in our market y though no sales transpired based upon the ad Holders of common brands of State flour demanded @9, while there were ao buyers abore $8 There were no sales of grain or cotton jcate the effect of the news. Indeed, as nsua’ tion to await the result of the steamer’s letters, or the arrival of the Pacitic, with still later intelligence, before operating to any material extent. The Nebraska: Kansas question contiaues the chief topic of discussion, not only in the national and va rious State capitals, but in all the cities, towns and villages of the country. While the friends of the | Union, trusting that the good sdhse of their rep resentatives at Washington will convince tiem of the propr of supporting and carrying out the cardinal principles of the constitution, content them selves with spontaneously aseemDling aud giving ex- preasion to their approbation of Judge Donglas’: Dill, its opponents are busily engaged in circulating petitions and passing resolutions praying, urging, entreating aud instructing Congressmen to vote ageinst it. They have at last openly promulgated the fact that they are opposed to permitting the people of the territories, and we might add of States, Jon: to govern theaelves. They are hostile to a mea sure that wil! leave the majority free to make and es tab law th in aceordance with the national constitution and their own wishes. By way of illus trating tres ous exertions put forth he free gojlers to defeat the bill now pending in Congress, 1: is only recessary to direct attention to the large num. trances that have already been received se presented in the Uni vate yesterday from New York, Massa Senator Dixon, of Ken tu r n elaborate speech in support of Nebraska ' y the comprehensive synopsis furoished under the proper head. His re all classes. The Sen marks should be read by afterwaids adjourned t!| Monday, atter whict supp sed, the measure will soon be dispose Qaite an interesting discussion took place in ou tate Senate yesterday, between the silver grey and l whigs, on the resolotions of the latter, re adoption of the Nebraska monstrating measure by Cor dis tone of fore, moved for a ver greys, it appears, resolations, and have, there They agree, however hi tothe main point —they both oppose t? contemplated supersession of the Missouri © promise. See the sketch of the debate furnished our epecial correspondent In the course of the 4 tition was prosen from Brooklyn, protesting against the enactmerit o' aay bill to prevent the encroachm Senator Whitney seems to have ar nation of a few venders of lager bier. 1 he had received a telegraphic despateh the Germans threaten to mob him Tike is reselved to pursue the even tenor of his w despite the hostility of a few of the frequenters of @rinking saloons. The Assembly resolutions relative to distribating tickets for the constitutional am ment election, were adopted. Action was had in the Assembly on a num * ger of ills, ip which the people of thiy vity are mainly faterested, for the outlines of which the reader is referred to the regalar report. The reso!a, tion providing for a recess from Friday next unt! the Thursday following was adopted, with the view of giving the members an opportuuity of participat- ing in the special election for the avtendment of the constitution, in order to secure the completion and enlargement of the canals. The prohibitory liqnor Dill was not touched upon in either house. Our cor- respondent, however, gives some interesting items concerning this matter. Among other things, he States that, even should the bill be passed, it is un- derstood it will Governor. Our Washington correspondent writes that serious troubles are believed to exist among the members of the Cabinet, amd tha! there will probably soon be a change in the editorship of the leading organ. A large and enthusiastic meeting of the Youag Men's National Commit:ee was held last evening at Stnyvecant Institute, upon the occasion of reeeiving the Hon. F. P. Stanton, of Tennes The honora- ble gentlemen in a long and able speech reviewed the course of the administration, and also made special allusion to the Nebraska bill now before the Senate. A full report of this speech is given in another part of to-day’s paper. The whig candidate for Governor, Mr. Crosby, was elected by the Senate of Maire yesterday. He owes his success to the split in the ranks of the democra- ey. Nine Pillsbury democrats and only seven whiga voted for him. Mong. Bedini took his departure yesterday, in the Atlantic for Liverpool. There was a crowd at Staten Island expecting that he would go on board from the Quarantine station; bot they were disappointed. He and his friends were conveyed to the Atlantic by oze of tLe smaller steamers of the port. We learn from the report of the City Inspector that four hundred and ninety-one persons died last week, being an inereare of forty-nine over the mor- tality of the previous sevea days. There being no epidemic or contagious disease, except smallpox, this increase may be directly ascribed to the recent changes of the weather from to extreme celd. Consumption swept off 58 persons; convulsions 42, only two of whom were adults; in- arious fevers 29; marasmus 28, two adults; dro, , and smallpox 38. One hundred ond sixty-five of the deceased were adults, and three hundred and tweoty-six chil tren. In addition to another chapter of Reminiscences of Hon. John C. Calhoun, our inside pazes to-day eontain & mass of interesting political intelligence, embracing letters from Washington and elsewhere; newspaper opinions of the Nebraska bill, &c,, i cluding another letter from “the man who nomi- nated General Pierce’—his account @ the P. P. G.’s is very comical; also, letters from London and Paris, and a large amount of mi: ‘aneous foreign news; correspondence concernieg the seizure of New Caledonia by the French, and a variety of other entertaining and instructive information, to which we cannot afford space to refer in detail. flammations Phe Nebraska B11 - Chances of its Passage tn Congress The course resolved upon in caucus by the friends of the Nebrtska bill of the Senate, indi- cates the passage of the measure through that body within afew days. The agitation of the subject is bringing the leading politicians of all parties and factions to the mark—either for or against the repeal of the Missouri line. In the Senate a large majority is ascertained to be in favor of the bill. But there are several Senate candidates for 1856 whose position is somewhat at variance with the prevailing attitude of the 1 administration aspirants for the senatorial Snecession. The first of these exceptions to the gencral rule is Edward Everett of Massachusetts. The Boston newspapers supposed to be identified with his political interests. have taken grouad against the abrogation of the Missouri Co npro- mise; and Mr. Everett himself, it has been an- nounced, will oppose the repeal on the floor of the Senate. But if the national whigs of the North desire to place Mr. Everett on a good footing in the South. they will advise him to the opposite course; otherwise, whore the line of dis- the principles of the Sew- ard faction and of the conservative Websterian whigs of the North. A little moral courage on the part of Mr. Everett, and a little patting on the back by some of his friends and advisers, will bring bim up to the safe side of the question. This bill, be it remembered. if passed, cannot re-open the anti-slavery free soil agitation. It will settle it, by taking the jurisdiction over slavery the territories out of the hands of Congress entirely, and placing such juris- diction in all the present territories of the United States, and in all the territories which may be hereafter acquired, absolutely in the hands of the people of such territories respec- tively. The bill simply proposes to sweep away all patehwork compromises on slavery, all of them. including the compromises of 1850, and to rest the issue of slavery or free soil upon the constitutional sovereignty of the people. where it preperly belongs. In this view, a little purage on the part of Mr. Everett will ce him ona good footing for the succession; still we are fearful that the antislavery sentiment whieb established the Missouri com nise will operate with Mr. Everett against to loook f between we tinction those al, ral Sam Houston occupies a dubious po on this question. He has lately, in a ivered at Providence, Rhode Island, d himself in opposition to the Dill be- fore the Senate, on the ground that it interfe with our engagements to certain Indian trib: located in the t s of Kanzas and Nebras- But this is not satisfactory. These Tadian os must be d ed of at some time, and the or the bette the current of white emi- ivading the suid territories, and will them, law or no law. r suspect, however, that Gen. Hons. the result of a Presidential cal Southern man he naturally ka. gration is ad ove of making some avai Feal k n the North. while all the Northern as pira the White House, (excepting Mr. Everett ) are more or less enthusisstic in sup- the equal rights of the Sout s of the federal Un on. Wr Badger, Carolina, is supposed to incline way as the Senator from Texas, Mr t tenden, of Kentucky, and Mr, Bell, and Mr. Jones. whig Senators from Tennessee, are also port « in all the territo said to lean in the sdme direction. All this is perfectly consistent with the tactics of the Presidential aspirants at the time of the Missouri compromise. Mr. Clay and other Southern candidates, for the sake of Northern capital, were the advocates of som concession to the abolition spirit of the North while the more ambitious Northern politicians, looking for Southern popularity, w the prime movers in the equivalent to the slave holding interest. It is a remarkable fact, how ever, that neither Mr. Clay nor any of the Northern leaders in the passage of the Missouri compromise, ever made anything out of that operation. It is equally notorious that all the prime movers, North and South, every man of them, in beholf of the compromise acts of 1850 Wore sot aside by both parties in 1852, for wea re | 1856. That, however, is not the question in not receive the sanction of the | who had taken no active part in those mea sures, one way or the other, Perhaps we may have a similar game in | hand. We are considering the chances ef the | passage of the bill. It will evidently pass the | Senate, and within a few days, from all ap- pearances, by a large majority, But what will the House do? The President and the Cabinet are understood to occupy the posi } tion of godfathers of the bill, The sp: n, therefore, are expected “ hards” and “softs,” | to come to the rescue. The amendment of Mr | Dean of New York, ldte of the BudTalo platform, and an administration confidant and leader ia the House, has indicated his readiness to fall into line, with the privilege of a dodge. He will go the repeal ot the Missouri restriction, | provided it shall not be considered as legalizing | tlavery in the territories. This is beautiful, and betrays, we fear, the ehnffiing proclivities of the administration itsel. That amendment | of Mr. Dean bas a Cabinet odor about it which | betrays its origin. | More than this, this amendment foreshadows | the danger of treachery from the administration upon this Nebraska bill. We expect a hard fight in the House upon the measure; it may be cut short by the previous question, but still | there are symptoms of a desperate opposition to the bill. And we repeat here that the vascil- lating policy of the Cabinet organ on this ques- tibn during the last month or two, the free soil materials of the Cabinet, and, above all, the free soil antecedents and associations of General Pierce, are elements in the general estimate suggestive of treachery behind the scenes | Read the letters which we publish to-day from Concord and Bangor. They not only fasten upon Gen. Pierce his free soil proclivities in 1848 New Hampshire was the very first to lead off in urging the Wilmot proviso upon Congress in 1849—only one short year before the passage of the acts of the armistice of 1850, Let the South look to it. Dean’s amendment, and the free soil antecedents and associates and favor- itisnt of General Pierce, are indicative of treach- ery in the final struggle in the House. If the bill is lost in that body, let the responsibility be traced to the right quarter. Dean’s amendment furnishes the cue. We trust the bill will be passed. Let not the friends of the measure be alarmed by the ram- pant hostility and excitement among the abo- litionists and free soilers. This is a good sigu’ and good evidence in support of the scheme, as a measure of permanent pacification. Our neigh- bors of the Courier call it a ‘ breach of faith.” The Missouri compromise, on the other hand, was a breach of faith—of that faith which the constitution reposes in the sovereignty of the people. Let the unconstitutional compact be set aside. But the repeal may be lost in the House. The national whigs, according to the Courier and the Express, and the alleged opi- nions of the leading whig Senators, are going with the Seward faction. The Dill, therefore, will depend upon the administration party in the House. We think, too, that a Cabinet powerful enough to dictate the election of Forney, can surely, if it will, order the repeal of the M souri line. Let the South see to it that they are not betrayed. Pierce on Patriots and Putentecs. When the President delivered his late annual message, but little notice was taken by the pu!» lic of the paragraph relating to patentees It seemed s» natural for the chief officer of the republic to make honorable mention of those whore talents and ingenuity advance the pro gress of the world, that people bardly perceive i the lurking recommendation to Congress in favor of special and monopoly legislation. Toe point of the allusion only came to light whe the President’s organ at Washington after a good deal of shuffling, undertook plainly and broadly to advocate Mr. Colt’s claims to an ex- tension of his monopoly by special act of Con- gress. It was brought still more clearly into view when a committee of the House of Repre- sentatives, disregarding the sound judgment of the Commissioner of Patents, reported in favor of Mr. Colt’s application, mainly on the ground that the bulk of Mr. Colt’s enormous profits since the grant of his patent have been ex- pended in the construction of an armory in England, for the purpose of supplying the Bri- tish army with improved weapons. It may appear strange at first that the Congress of tne United States should grant a monopoly, or in other words impose a tax on our citizens for the purpose of providing the British soldiers witb better fire arms; about as singular as our presenting Santa Anna with fifteen millions of dollars in order to enable him to set up a go- vernment in Mexico. But, then, there was the paragraph in the message. pointedly and prac- ticwlly explained and enforced by the com- ments of the President's organ. Then agaia there was the’ lobby, with that high-minded and virtuous patriot Colonel Forney, actively v| bestirring himself for Mr. Colt. So under these varions influences, the bill is progressing. Meanwhile, if patentees are revelling in the present generosity of Congress, we regret to find that patriots, who have sui! ¢ed and bled for their country, and whose soo. ‘ave earned for her much of her renown and glory, are passed over in silent indifference. Colt, the patentee, finds aCongressional committee to report in favor of a bill for bis relief, and the perpetuation of his monopoly; he has Congressmen in shoals, and Jobby agents in swarms to press the poverty of the millionaire on the liberality ofa generous country. The President's message is shown clearly to have reference to his ease. The Union is in his favor. And men of unimpeach- able character and the highest honor, openly confess their belief in the justice of his cause. On the other hand, Scott, the General, has fonght his country’s battles for near half a cen- tury. His blood stains the sods of Niagara, and the plains of Mexico. Where he has led our armies, victory has followed ; and if since our declaration of independence, we have earned any claim to military glory, to him do we owe it. Age has now Iaid its hand upon the old veteran. His step is no loner as firm, or his cheek as ruddy asit was. Though his strength is unimpaired, and the spirit as manly as it was thirty years ago, time has not spared him; and his years—and mayhap the trace of some wound gained in our serv now demand more ease and comfort than a salary based on strict prin- ciples of frugal military discipline can secure. Under the like circumstances, England and France loved to surround the declining years of their veterans—like Wellington and Soult— with every luxury and practical comfort that a grateful nation cOuld bestow. General Scott's friends ask for a petty two and three thousand dollars a year, and the administration averts its ear, the Union scoffs, and sneers at the request, ‘the President is believed to shall we add? be oppoeed to it} Thiy from a government but they show that the democratic Legislatyre of which advocates special legislation to grant Colt the millionaire g few extra millions of dol- lars! The reason of' the difference is very simple: General Scott forgot to patent bis vie tories ! He taxed his intellect, his body, and his blood, on the banks of the Niagara and in the plains of Mexico; but he omitted—the foolish man—to take out a patent for storming the British lines, or to secure the monopoly of his siege at Vera Cruz. So the careless old soldier never made a million of money out of his inventions, and never failed to improve the condition of a foreign army by teaching them what he knew, and supporting h!s school by a tax on his countrymen at home. So he never procured the insertion of a paragraph covering his case into the President’s message; never bar- gained to wink at Forney’s infamy for his ser- vices in the lobby; never even bought the Union newspaper: with sech carelessness as this, how could this very imprudent old soldier expect to obtain from his country a modest pit- tance and a proper title? The notion was ab- surd. He ought to have known well enough that the rule of Congress was taken, with some slight deviation from the Bible :—“To him that hath, more shall be given,” as in the case of Colt: but “from him that hath not, shall be taken away even that which he hath,” and we have no doubt that, it it could, the Union would try to diminish or stop altogether Gene Scott’s present salary. Can it be that it speaks for the President? The News from Europe. The arrival of the Arabia leaves us in the same state of uncertainty as ever as regards the course which the Czar means to pursue in reference to the last note of the Allied Powers. That his decision would be unfavorable to the chances of peace appeared to be the general im- pression in London and Paris, but his conduct hasg@een marked from the commencement by so much diplomacy that we should not be at all surprised if he were to try and stave off the alternative which is now put to him, by some proposition having for its object further delay. In the meantimg, the Allied Powers having taken the initiati¥e, seem now determined to make up for their inactivity and hesitation by the promptness and energy of their measures. England and France are pushing on their arma. ments with all possible expedition, and the coast defences of the former are undergoing a thorough revision. Whilst they are preparing for the worst, they yet seem desirous to afford the Czar an opportunity for an honorable re- treat from the difficulty in which he is placed, for we learn that by their advice further modifications have been made on the last note of the Porte, by which from fifteen to twen- ty days are granted for the evacuation of the Principalities after the acceptance of the note. This removes at least a condition that could not fail to prove in the last degree offensive to his namely, the evacuation of the Princi- 8 as a preliminary to negotiation. Although present appearances certainly do not appear to hold out much hope of a pacific accommodation, we yet do not altogether de- spair of their taking a more favorable turn. As we have already shown, it is no more the interest of the Czar than of the other powers, to engage in a contest that must cripple his re- sources and impede the national and social progress of his empire. It bas been said of him that although he loves military display, he in reality dislikes war. He thinks. with the Grand Duke Michael, that “it spoils the sol- diers and dirties their uniforms.” Let us hope that having gratified his vanity by this parade of his strength, he will not expose his troops to such disagreeable consequences. si a ee ge Le a ea re ee ee Genera Prerce’s State Heapvine tae ANti- Stavery Corvmn rw 1848.-It is an inter- esting and significant fact that the State of New Hampshire—General Pierce’s own State—led off in the moyement of the Northern States in favor of applying the Wilmot proviso to the territory acquired from Mexico. This fact is stated in a speeth delivered in ‘he United States Senate July 26th, 1848, by ihe Hon. Jobn A. Dix, of this State. And we find by the journal of the United States Senate, that on Friday, January 26, 1819, Mr. Atherton presented resolutions passed by the Legislature of the State of New Hampshire, in favor of the enactment of a law forever prohibiting slavery in New Mexico and Cali- fornia, and in all other territories now belong. ing or which may hereafter be acquired by the United States, in which slavery did not exist at the time of acquisition. On the same day Mr. Athertom presented a resolution passed by the Legislature of the State of New Hamphire, approving the votes of the Representatives of that State in Congress at that session, on the subject of the slave trade in the district of Columbia, and re- questing their concurrence in all constitutional legislation to prevent the traffic in slaves in said district. Now had General Pierce avy influence at home at that time, or was he a nonentity, that his voice was never raised against this Wilmot proviso and anti-slavery action of his own State Legislature? No; the solution is to be found in the fact that his party, and himself amongst the rest, had become alarmed lest the South could no longer reward their fealty with the spoils of office—always the true test and touch- stone of their patriotism—and they were look- ing towards the anti-slavery support to buoy them up from sinking. It was during this period that he wrote his famous letter to the free soil committee in this city. He may, in obedience to the apostolic injunction to be all things to all men, at the same time have had now and then a good word for the Cass men. His forte lies in saying “Yes.” But his chief influence was exerted in favor of the Van Burens and the Wilmot pro- viso men. His State, in its legislative reso- lutions, was not acting counter to his senti- ments; it was echoing them, or rather, it was openly, and boldly, and officially expressing them. It was for the Wilmot proviso; so was General Pierce, and as he and his official sap- porters profess to have forgotten all about it, we shall not refrain from refreshing their dull recollections. They might as well own up, and make a clean breast of it. Democratic Revston, Pernars.—The reso- lutions of the hard shells of Stuyvesant Insti- tute, and of the soft shells at Tammany Hall, on the Nebraska question, suggest a reunion of the two factions upon the basis of principles. Perhaps upon this basis thoy may amalga- mate-—perbaps not. The spoils must be di- vided over again, we apprehend, before there can be a democratic reunion upon princi- ples. There canbe no harmony upon princi- ples without an sgreement upon the plunder. We turn over the question to Jobo Van Buren. Po not principles and the plunder go togetber? Sip ee it et re a ete IE nea Nc W. H. SxwArp w tue Ffeup—The Times discloses the secret of its origin, the object of {ts establishment and the ultimatum of its policy to be the%lection of W. H. Seward to the Presidency. The fact is out gt last, after every attempt at making @ temporary bargain and sale with the present administration has failed, It now foreshadows the nomination of W. H. Seward, by his partisans, as a candidate tor Governor ot New York, preparatory to en- tering the field for the Presidential chances of 1856. And the movement is to be commenced upon the Nebraska question. Very well. A coal of fire upon the back of a tortoise will in- fallibly open his shell, and bring out his head, legs, and tail. Douglas is working wonders. Bedini off at Last. The Pope’s Nuncio left the Uaiteo States for Earope, yesterday morning. Feariog some disturbance if the embarkation should be at the wharf of the steamer, Monsignor Bedini, attended by @ committee of Catholic clergymen, was recsivefon board the steamer Atlantic, at Clifton, Staten Island. The steamtug Acive left her wharf at Whitehall, at 10 o’clock yesterday morning, and prooseded to Clifton dock, where she lay ull the stesmer Atlantis came by, which was afew minutes after 1 o'clock, The steamer, when opposite the landiog, stopped her ‘engine, and Bedini was received on board the Active, and thence conveyed to the Atlantic. As noon as he stepped on the deck of the vessel she fired a gun, the engine was pat in motion, and the stood out for sea. The Active was chartered for this purpose by Mr. Glazier, the special deputy of the United States Marshal Mr, Hillyer, The committee attending his Excellency, Bedini, were the Rer, Mr. Cumming, the Rev. Mr. Mo- Guire, and others, whose names we could not obt+in As soon as the Nuncio was taken on bard the At}antis, the steamboat Active proseeded t» her dock at Whitebali, where she landed at 2 0’clock. ‘There was no excitement at the wharf of the steamer at Canal street, nor at Clifton, so secretly was the whole affair managed. Removal of the Dead from the Second Ave~ nue Burying Ground -Indignation Meeting. A meeting of the friends of those buried in the Metho- dist church yard corner of Second avenue and First street, amd opposed to the removal of the dead from those grounds, was held last eveniug at Hermitage Hall, corner of Houston and Allen streets. The attendance was very large, # great proportion of the meeting being com. posed of women. The meeting being called to order by the Chairman, Surrn Hicks, Esq.:— ‘Mr. ExrEL rose and said that it was well known to all of them that the attempt made to remove the bones of the departed from the burying ground was, in one sense of the wor¢, a religions transaction, while again it was a Makomedan piece of work on the part of those trustees. He hoped that some means would now be taken te fence Baasye rere sround with an iron railing, for if they did not do it trustees would not, he was very sure. He concluded his remarks by requesting somebody more elo- quent than him to address the meeting. Mr. Burt then got up and said that the men en. dtavored by stealth to remove the ashes of his rela lations, their relations, aud the friends of many thou- sands now living is the neiguborhood. How those men feel when the} females coming to them with for God’s sake to let the 5 and childrea remain in }, and not to throw them about the yard after hack- ig them with the mattock? If these trustees obtain pos- session of this ground, in a few months they will have the ome opposite also, and for filthy lusre they will barter our@earest rights away. Theic hearta are not right in the sight of God, and he would say to them as the apostle Paul said to Simeon, * Go and repent.” Dr. Fisk then cme forward and seid that 3 in formed by their eounsel, Mr. Sandford, who was prepared for the argument io the matter of the injunction ia the Supreme Court that morving, tbat the exse was adjouraed ip that Court at the request of the other side. Conse quenily be was unable to give them any information re- garding the prospects of makig the present injunction = perpetual c1 Bat jadging from the delay of te true- tees om the ir sice, who, he supposed, were somewhat frightened at the strenuous eflorts made to preserve the sanctity cf the burying ground, he was certain that with crdimary care and very little fuss a perp:tual iv- junction could be obtained It will be necessary to ob- ‘tain every Cocument relating to the early history of this churob and burial groucd, and if there were any of those | phatentd who had ay ee Ppsp*re or could give any loformation respec! the matter, they should do so without celsy. Mr. ford stated it it would be necessary to get all thove documents that would hi ay bearing on the case, and that he would require to hav» any certificates of burial that msy be in posyevsion of the friends of thore interred there; the sextons will be brevght forward to prove the (acts contained ia the car tifcates. It would be likewise necessary for thoas Dondsmen who appeared at tie Inst mscting to come forward as econ as posible, for in cass tas dondsmen sre not forthcoming the injunction will ve re- moved In regard w the expenses incurred by the suit, he would inform toem thet ihe lawyers were all paid, and that $150 bad beso appr-pristed for that purpore Every move taken by the opposite party demands some further proof to eary on the cass, Toe counsel sesas rarguine of our ultima’e suceas, although some of tae trustees say, ‘Oh, these poor mis;uided people!” Well, they may tlk about us as muoh as they like, bat I thi. x, after all, they are the moat ini-gaided of the two partis, for we are endeavoring to make them do right, which they are not dispored to do dy any means, Their not eoming forward to-cay in this matter indicate: 2 bess on their part, and shows us that they are maturi their plans, for they have hud ample tiae to prepare their case. It will be very essential to prove that when this burying ground was bought in 1805, by the fi dist churches, it was then used asa esmater, bought reo! used for tbat purpose after the sale. @ the; ie could tasty prove that it was used asa ro} at the time of its puroh: and that it for burial purpoes since it was bought. It was use) only required efforta ou thelr part to mecure sac- cess. It was pot in toe power of the committee to bent up evidence; it remained with th came to their meetings every night to ation in order to recure perfect sucee: at thing in their favor, apa that was pur c opinion which entirely tided trostees call npon ine congregation and say that thres fourths of caem sre in favor of removing the bodies, I 4m certaip, #peaker, that they cannot obtain even one-fourth of the congregation to stand by them ia their iniquitous transactioc, endeavoring to exhume those remains that to all of us are dearer than thi sre to the reet of the world—those remaii Christian are priceleen, being the only r toes cf what our parents, brothers and sisters, dren were. Mr. Starrorn, the junior counsel for the friends of the church, then made some remarks, saying that he wae confident if the allegations made by Mr. Hicks could bs substactiated by proofs—aud he was sure they could--that there was xo diubt of ‘heir succees io obtaining = per- petual injunction. At all events, he was of opinion that tee preeent injunction would last until next December, which would be some comfort, at least, to those persona comporing the committee who had taken the matter in 2. After some few remarks from a few other gentlemen, the meeting adjourned, Discharge of Alderman Sturtevant from Custody. Another writ of habeas corpus was about be rusd out yesterday, for the purpose of bringing 414. Sturtevant be fore the City Judge, but before it was accomplished the Sheriff reesived a legal opizion from the District Attorney, stating that Mr. Sturtevart’s term of !mprisonmeat com menced from the day of his first arrest, the 20:b ult., and that, therefore, the time for which ho was sentenced — fifteen daye—had expired. The Sherif, upon this sutoority, discharged the Alder man from eustody. OPINION OF N. Be BLUNT, B8Q., DISTRICT ATTORNEY. In the Matter of the Im; of Owar W. Sturte I understand the facts of tae care, Mc. Sturte should be paid; that upon bis arrest ha waa forthwith conveyed to the common jail, and actusily commitved to eurtedy; that while so ia actosl close custody a of badeas e-ued, retproable om day belore H tke, one of the Justioss of the Sopreme Court; that upom suoh writ of habeas sorpns Mr. Sturtevant was taken before the Justice who allowrd the writ, aod, before any retro was made by the Sheritt, roceedings ware adjourned until the 80h of January last, and Me, Startevent mean while wie remanded to the per-oral custody of Mr. Valve, acd thus removd from his a:'ual confinement ia ths oom mon jail; thet op the 30): of January retara was made by the Sheriff, argument hed, asd on the Slet of January Jestice Clerke discha ge! the writ of habeas corpus, ant remanded Mr. Sturtevant to the cory of the She iff pursuant to the origival commitment ton the seas Cay & writ of eeriiorari was allowed to Jasttan Ulerke, ra turcable before the Supreme Court at General Term, bat that, potwithstandiog such writ of certiorarl Mr. Starte. vat was taken to prion, sid ta now sotualiy ia close costosy. There are the foots in she ease an [ uoderstacd them, And !am now asted by the Sheil, opon demand say8 by the sounse! of Mr Sturtevaa’, fr bin release upoe the ground that the A/teen aye since hie first arrest and {ca prisenment heve explred, #he: the Soeriff oan Jonger cetaia him in custo 'y, except so far ae relates to the paymect of the sacunt required on the eoaditionsl iinprisorment for its x + The qreation ise grave one, ae, on the one hand, if the imprironment has " {1 becomes Liable in go action for ment, end on the other, if be shall iliegally divebarr«, he ia amenable for & contempt of the sourt ont of which the process isvued. In to the effect of the certiorari to review the pronee aan the hal gave my opinion theo, aad ineré to it jon and examination, that upon tate facts existing io bs ar one it Ck ed . stay of ne am aware cer tion dot! . on law and nader the statutes of the in npecial cares, and I fally admit that ite (txoept where otherwise provited by statate in on toumerated caees,) is to arrest the of the nape yn A EY SLY SS SSS . 4 inferior tribunal apd to prevent further action on th part of such inferior tribunal. Thus, if » judgment ha been rendered aod no execution the service o the certeiorari would prevent its issuing; if iseaed an not execu’ed, the er rvice of the certiorari would preven its execution, Butif executed, as by the arrest of a ty under & ca ea, or si nul, or other Ana) the perrov, the service of the writ of certioran inn manner sifects euch imprisonment, So in sas o commit sent for cortempt, where the party ha bees actually committed and the im ment coms me@peed, no certiorari, and specially a eorviorar, t: review ® judgment upon aebabeas corpus, refasio a discharge, can opera‘e to stay procestings. The imgri ronment is mot by virtue of the order refaring to charge. but by virtae of the orlginal comm tment, aa that slono; sod the sertiorari, while it would stay an; further over om the part of Justice Jerkeatter its ser vice upon him, has no effact upon the Sheriff, wao act: under # Cifferent preoess snd by authority of an inde peedent tribuosi Another reason in support of the tition assumed by me ia this parciouler case, was thi dered tbe orcer of Jux'ice Clerke muauthorizsd bd) and therefore void That Justice Clerke acted fr or purest and most correct motives, and under the fu) ruppositien of the correctoe-s of his pro seedings ie mak ing that order, I should be tha, Juss man to one: A per acqnaintenoe of upwarce of twenty years hes taagh mea knowledge cf his od enabled me to form ; just aporeciation of his coacrecter a# @ man of hono | Bat it w not the first time tha as the reoords of our appailate tri ow. Until actual retara made to th: writ of babeat corpus, I conceive bi had no authority by law to mare the order traasferring the custody to spother, except by consent. The questior if-o\ of this order, 60 far as relate, °¢ of imprisonment? That the party ha: actosily beew in prison but fur or five deys since his frat arrest is undouotedly true, whilet the actual re | cubament of the precrss is t> confine for fifteen days ‘hat is acommitment for contempt? It is s commit ment for punishment. iE v. James 6, B. dnd Ald 804; 1 D. and R 559, § C) Bere, by virtue of these inter mediate proceedings, & portion of the punishmen* har been escaped. Can the Sheriff supaly it by @ oon. tinnance of imprisonment beyond the fifteen days from the first imprironment, ancer this same process? I think not. At common law « party tsosping from imprisonment ‘under seotence might be re aken ; but the imprisonment ‘Was ocr s.cered as contiauios and o2uld not be extended nd the originel term, 1t was to guard against thic is Grol Ge ara law that our statutes for the re'ai prisovers and imprisoni withstanding the term for whieh he was poy may have expired, (2 R. 5, p 685, neo, 20 ) This statute, how- ever, does not meet the case of a commitment for a con. tempt. If by there iniermediste proceedings, any + culpability cn the part of the Sherit or a other impro- Ll cause, the effect of toe process of Superior Court, jas been de‘eated, the rem-dy it with that court, who under certaia circumstanc’r, may issue nee process for commitment, and thascarry out their orfgical intent.- (The People ys. Spaldiog, 7 Hitl, 811.) Whetber this: ic #uch a care belongs not to me to decide. I am of opinion that Mr Scurtevant must be dissharged on payment of the amount required to be phid under the process inflict. ing additional iaprisonment for its nom aera N, BOWDI BLUNT. The Smailpor—What 1s Reliable Vaceint« ton ¢ The commurication from Dr. E H. Dickson, relative ta vaccination, which we publishe! a few days since, hag. brought to light some very earious and important facta, The prevalence of this horrible disease, and the danger’ every man, woman, and child in the community is exé posed to, make it the duty of all to adopt every precau« tHomary measure to prevent, if possible, its extension, We know of no more effectual method than to call par. tioular attention to the annexed article upon vaecinae tion, from the pen of Dr Dickson, the editor of the!” Scalpel. It will appear in the forthcoming number x) that valuable magazine :— ha HOW SHALL THE PEOPLE KNOW h Sega THEY ARK! PROPERLY VAaQOINaTED ? & It is but a few weexs since we felt impelled, after the | reovipt of many personal xol'citations, to give our public views of the causes of the unparalleled frequency of smallpox in this city, and what we thea believed to be the only rational solation of theevil. Up to that period, (we allude to the publication of the letter addressed tc the Nuw York HEratp,) we believed what we said to ve the chief reasoa, viz.:—‘ Ail the inhabitants of thig city, take them ore with auother being as well protect. ed this ran they were last,’ the inference seemed plain, that as we always have enough smallpox to keep i¢ golng amonget ln there must therefore be an atmta. yheric precisposition to account for its general preva- ce. We are still of that opinion, because we have sinse met with another case, in addition to the two mens tioned in that letter, where wv produced a perfect vace cine vesicle after vaccinating the arm of @ person badly pitted with natoral smalipox But it seems that our lot.«r has developed the exist- ence of avother cause, and s trait in the character of out bretbren, that does not surprise us much, as it Me the majority of them, although we must confess ear felt a little astonished to know the names of two of the: > le with its three very plain aad marked characteristics, ag we hoped would evable any person of common sense ta Cistinguish@t from every other sore; this was pabdlished with the bert of motives, for is woula assuredly instract People to detect our own negtigence in vacoinatiog, ad _ wellas that of cur brethres The description of the | | genuine vaccine vesicle, naturally attrasted the attention of prudent and timid people, wa inacceatly thought § we were Guizgour hcnes and more modest brethren ks great service by arrestirg public attemtion to a matter ‘they could rot urge iadividuatiy, without being suspeated of interested motive For ou vee, We were soundly abured That we expected, ourse, because of the Jove we bearour dear brethren; but the article itvel’ hag brought out the reason, and moreever, developed a naw oxe for the prevaleuce of the disease, and also for the doubts that have been throwa upon the protective power of vaccination. The simple description of the appearance of the gonnine vaccine vesicle, given in the ariic ¢ we nent to the BRALD, was th’s: viz.—On the seventh or eighth day from the in- fertion of the lymph or matter, as it is absurdly ot there should appear a * brown centre, of an ov: shapa, surrounded by « little circl* of pearl selored dots, or vesis cles, containing the lymph, and outside of tnis a rose> colored biush, iading away gracually in the akin of the arm ’’ This simple deseription evidently caused a large ‘ bumb’r of people to question the genuineness of recent veccinations During the week after ‘hat publication we were re- quested to examine four different vesicles, and to pro- pounce upon their genuineness. We were constra| te eay. an we bave hi casion to pronounce on most of our Own cases, that t! were not genuine; the vesicles pre- é rentin, other appearance then an irregular brown spot of a single color. with oo pearly etrole of dots and no ereolae er. Now, we all expect a mejority of the pertors we vaccinate in adult life not to present this ap- pearance, simply becaus original or a later vaccinas trom ba¢ potrnm oat, the m is saturate’, anc the perecn safe The only objec: in vaccinating is to as- cer'sin this, because we can know it ia no other way. But these perrons bad all been told that their vaccina- tions had taken, and would have relied that as- eurance had it nct been for reading our article. Wo 1 them all over agai a sithonsu three did not take afier two trisis and that only at the third most perfectly. Here, thea, was one unprotected * person, and that ocly arcertaiced at the third trial. How cculd the physicians have knowe th three protected? We, than they, and bs) have 4 boos an our fcur tient, whisk we only discov: third vaccination ee Heve, then, reason for dirs Me instruction, and a powerful ivg the protective spoils the rport, It is much easier to scratch an arm ® Little, and when it inflames to sey it hes taken, taan to vaccinate repeatedly, and to take pains to supply of fresh lymph. iow comes another difficulty that will produce worse re- sults yet. We know that some physicians have taken the lymph, and even scab (which will avewer very wel when taken from the orisiual vac ioation in the infant,) we know that they have this year ussd that from re-vac- | cinated persons, beos use virus Now here is ¢, oarce. greatevil. The lymph thus tek«n will either produce no Yericle at all, or it will produs ita like, and m alt if not reliable. The *‘cow pock ’? first ner, originated from small pox, communicated to the co teats by the finzers o' fithy fa‘lkmalis or mea aillicted with raricla or #mall pox: the veeicle or sore thas re- sulting, chaiscterzes as above dessribed, is the vasciag = vericle, f:0» vacea, a cow; ite lymph when ineerfed iato the human being, produce, like the inoculated bud or gratt of fruit, ite like, and pothing else, if it takesing =, proper manner; if it producs @ sore of any othec ap- pearance, such ecre is not geuwins; neither ita ssad ner the lymph are reliab.e; it must d¢ takea from tho drat or infantile vaccination. Vaccine iymph is the virus or lymph of smalipex, elaborated or changed by the cow's aysiem; although {6 differs entirely (rom the eruption of smallpox, it is ua- quertionably capabls of preventing that disease for namber of years. It receit her element (what, we do not know,) from the cow's system, that makes it pro- tective, although it cannot repredace the 6 the person vacoinated--tast is to say, it cannot g: Wards and produce the appearanoe of the sore from which it criginated in the humec being. Toe inference and oa: tors to be drawn from ail this are plain, Waat rioloid is mild smallpox; it is capable of infeat! who are lisble, with the wor: r, jart as bad « var if entire y onprotected by the vaccination being sll ra: out, very bad srralipox, if partially protested, variolold. When we reflect upon the frequency of careless raccii tion, aad the dishorerty aud todolenes of men, we think A to auppose @ vast majority of A varivioid that attack persone @ to those vices of ohar- rational being, should oq) fabdjset so importaats learn to disieguish the vaccing vesicls ats glean: a insta! upon being repeatedly vaceinated, ae long result shows any eppearance of the brown cenica, t pearly circle of cots, and the rove leaf areola; or if three times with goed lymph, and it de not take at all, he may ratiouslly concia'e the infantie or subse. quent vaccination to te rtill protective, ‘Why do not intelligent \eachera provide themselre¢ with lymph, and teach this koowleiga and ask permission to vaccinate teeir school’ I: would be worthy ® noble big! be eirs, Wexive this article ta protect oar own caracter from aspersion, and the pablis from medi- emi dishonesty, not to procure business, We wan: no | noha focome tous There are no better yaccinatora ban the gentiemen vt our pubis dis: #4, aod macy of our private physicians, but they mnst be urged to do it, and paid well for their tronble. The peo; bare acted in this matter like #capisions and besotted. fosle, ind many ® pretty lip, Lg vast numer of @ aid, ‘atthe proving of honest pub- he e's doubt~ eS ae are ptrorg ren en of emalipe We hav