The New York Herald Newspaper, May 3, 1854, Page 4

JEW YORK HERALD. | JAMES GORDON BENNETT, PROPRINTOR | AnD ‘Romo. "AMUSEMENTS THIS EVENING. BROADWAY THEATRE, Broadway—Taisk A@iuRANCE awn Yaxxxe Moprsry —OUR Gar—Born To GY p Lue. BURTON'S THEATRE, Chambors street—Twre Tamrrst Tue Avromaron MAN BOWERY THEATRE, Waren Wircnns—Jacn —Tuz Dewam or Lire— NATIONAL THEATRE, Chatham sree—Afternoon and 2a Byening—Unoue Tom's 2 13 LACK’S THEATRE, Brortway—Nvwnen Ove Pg Coanen—UearrTs at Favair—Hicu Lire Be- now Sraine AMERICAN MUSEUM—Aftermoon—Twr Hovevnot— Bvoning Marnimont—How 7o Mace Home Harry. CHRISTY’S AMERICAN OPERA HOUSE, 472 Broad way—Ersrorian Mecopine wy Cunisry’s MINSTRELS. Woov’s MINSTREL HALL, 444 Broadway, Erurorzan Buverurisy—Burietta of Uxoue Tom's Canin. BUCKLEY'S OPERA HOUSE, {80 Broadway—Bucx- asv’s Eruortan Opera Trovr: BROOKLYN ATHEN AEUM. BANVARD’S GEORAMA, 506 Broadway—Panoaama ‘ey vue Hoxy Lanv. WHOLE WORLD, 377 and 379 Broadway—Afternoon and Bening. JONES'S PANTISCOPE—. ‘OLLO Rooms. son 8 GRAND Concernr Sew York, w nesday, May Bt 1854. —— Malls for Europe. *&E NEW YORK HERALD—EDITION FOK EUROFE, The royal mail steamship Asia, Captain Lott, will LS CC ——————_————— ~The despatch of our correapondent at Washing- | world’s bistory. The present European imbrog- | system ought no longer to be a matter of con- | lobby, Jie Cabinet lobby and the kitchen cabi- ton is unusually ‘uteresting. ‘The contemplated im- portant movement in the House o° Representatives on the Nebraska bill will bring all men of allyparties | to their trumps, ané the absentees should harry up | | or they will justly be liable to the imputation of | “dodging.” It %s understood tha’ the Clayton } amendment will-be omitted in the bill presented by | the Chairman of the Comm'ttee on Territories; and therefore it will stand precisely as it passed the Senate, with that exception. But itis very uncertain that the billim that shape can command votes enough to pass it; fer, although the friends of the measure contend that the principle remains the same with or without the amendment, there are members who ‘would insist on the dividing of a hair rather than yield a hearty support to a great constitutional doc- trine. The sincerity of these gentlemen is -very questionable. It is said that the President will send to the Senate his veto of the Insane land bill to-day. It is believed the message will discuss the subject of the disposition of the public lands in all its phases, and-will be square and above board. As the*written most important that has emanated from the Exeeu- tive since his inauguration. ef the piratical land jobbers will soon be known, and therefore it is useless to speculate upon it, But little business was transacted in the United States Senate yesterday. The report of the con- ference committee on disagreeing votes on the Mili- tary Academy bill—that the Senate recede from its amendments—was adopted. So the salaries of the pote ors of French and drawing will not be in- A resolution directing an inquiry as to the tave this port to-day at 12 o'clock, for Liverpool. ‘The European mails will close in this city at half-past ten o'clock in the morning. Me Wumxiy Aeraxp, (printed in French snd Boglish,) «mill be published at half-past nine o’elock. Single copies, im wrappers, sixpence. Subscriptions and advertisements for any edition of the Wew York Hxnaip will be received at the following places im Barope — Livenroor. .John Hunter, No. 2 Paradise street. Lowpvor... . Edwards, Sandford ¢ & Co., No. 17 Cornhill. Wm. Thomas & Co., No. 19 Catherine street. Pamw,.....Livingston, Wella & Co., 8 Place de la Bourse, The New: Our exchanges have furnished us with detailed ac- eounts of the disastrous storms of last week in dif- ferent parts of the Northern and Eastern States, ‘the full particulars of which will be found in our eolumns this morning. It will be seen that they ex- tended from the Atlantic shore through most of the astern States, New York, along the Lakes and into Michigan and Mlinois, in all of which the destrac- tion by wind, rain, hail, floods, and lightning, was ter than ever before known. In some of the streams the water attained a height far above the high water marks of any previous freshets, and the * oldest inhabitants ” looked with awe and wonder upon the frightful scenes which the floods presented: Along the Hudson, the Mohawk, the Connecticut, and the Passaic rivers, dwelling houses, barns and stables were swept away, and the carcasses of drowned cattle, dead horses and hogs, and even hu- man bodies were hurled down the swift running and turbulent waters of those streams to a degree which is represented as being frightful to look upon. The various accounts given are highly interesting. The investigation into the causes of: the recent calamity in Broadway was continued yesterday. A ful! report of the testimony is given in another part of to- s paper. The evidence of Chief Engineer Carson is very minute and searching, and cannot but lead to serious reflections on the part of all good sitizens upon the evils which unfortunately exist in the department over which he presides. The testi- mony of Mr. Sandford, master mason, is conclusive as to the instability of the building destroyed. The canals of this State were formally opened yes- terday. About twenty thousand dollars Lave been received at the Collector's office in this city for tolls since the commencement of navigation. The trial of Major Wyse, of the Army, by court martial, for refusing to embark with his troops on board the steamship Falcon, commences to-day at Governor's Island. The circumstances under which this trial originated are gmbodied in an article in another column, together with the charges and spe- cifications, and a biography of Major Wyse. How the fact of the Falce into Norfolk and the abandsnment of th Aspinwall may ope- rate in this matter it i, time necessary, perhaps, to ce The New York Jubilee at the Tabe: Maine Law mem! y Temperance Alliance had a acle last night, to welcome the he Legislature. The meet- ing was very enthu ic, and pitched into Gover aor Seymour for his veto in hearty style. Apropos—a teetotal Mayor was chosen in the city of Wilming- ton, Del., yesterday, by 170 majority. The Alliance on Monday presented a petition to the Board of Aldermen, settingforth the multitudinous evils of intemperance, and pra: for a restriction of the grant of licenses generally, and in grocery stores arly, which was referred to the Cominittee We publish elsewhere an account of the regular monthly meeting of the New York Historical So- ciety, held last evening, with a sketch of the paper on ‘ The Neutral Ground of Westchester,” by Joha M. Macdonald, Esq., of Flushing. The latest accounts from the scene of the ship- wreck of the Powhatan state that sixty-two bodies had been cast on shore by the waves at Brigantine beach; six bodies had also been found upon Absecom deach, apparently Germans, and no doubt a portion of those on board the P. By an arrival at this port we have news from Port au Prince that the Emperor was making pre- parations for invading the republic of Dominica. Mperations would commence immediately after the holidays were over, about the first of } . OF course while there is fun to be found the a Soulouque could not think of fighting. 1 fifth or sixth invasion that has be the Haytiens to sub fallen through. T eyes of their “Dinahs de forms and well-polished s are good at polishing—march out an reh back again, Ww H athe City of Me to the ing than imy between § zence is mo! deta eh of such believe The conflict ln tune of the fight was dec the bayonet loyal Mexic sete!’ An impor Jndge B: ned ande in elmiralty was d go important decision on pleadin velt The triai of Mra Hayes for tbe murder o: Lutener was commenced y mination of the direet evidence of t deceased the case was adjourned to this mornin, in the Court of Oyer and Te-miner Judge Roosevelt pronounced s ment for the term of fo: rs on Hugh asd Dennis O'Conner, convicted of ghter in the second degree in shooting Michael Conroy. The May term of the Court of General eommenced yesterday. Judge Beebe pertinent charge to the Grand Ing ticularly on the desirableness of +h greater degree of indus’ on their part tinguished their predecessors, The “ Trainer case” was decided yesterday in the Kings cowmy Circuit Court, the jury rendering a verdict of five hundred dollars damages for the plai tiff. This, it w.U be remembered, was the a ‘Trainer, a negro, ¢gainst Rose Porter Lic daughter Jane, which oi Ot fifteen months nce, was ma: than pediency of authorizing the President to cause an examination of coal fields near Deep river, North Carolina, with a view to the establishment of a na- tional armory at that place, was adopted. The Indian Appropriation bill was again taken up. Upon an amendment making an apprepriation for te Indians in California the whole subject of our Indian policy was discussed. The amendment was finally agreed to, and the Senate adjourned. In the House the Chairman of ¢he Committee: on Territories, Mr. Richardsom, gave notice that early next week he should endeavor to bring up-tie Nebraska-Kansas bill. Some conversation ensued, during which Mr. R. stated that the friends of the bill intend to resort to every fair parliamentary means to bring the question before the House for consideration, but he did not intend to press it-to a vote. Leave was asked to submit a resolution a thorizing the & ry of the Navy to send out steam or sailing vessels in search of the missing steamship City of Glasgow, but objection ‘being made the resolution was not received. Bills providing for the construction of roads in Min- nesota, and to reliuquish title to lands own. ed and claimed by the Chippewa Indians in Wisconsin and Minnesota, and for their domestica- tion and civilization, were passed. A bill was re- ported and referred to the Committee of the Whole authorizing the people of Ovegon to form a State goverument, and providing for their admission into the Union. A message was received from the Pre- sident covering the documents called for relative to the ¢ of Rey. John Cook Richmond. It would ap- pear from the letter of the American Charge d’Af- fairs at Vienna, whose conduct in the matter is approved of by the Secretary of State, that the reverend gentleman is extremely anxious to Kosta- rize himself. There was no change of moment yesterday in produce. Dealers are beginning to look with some anxiety for the arrival of the Cunard steamer due the present week. Thus,n@sooner has the news of one steamship been received and spread before the public, than merchants begin to look for the advent of another. Cotton was dull, and prices favored purchasers. Freights to Liverpool were easier. There have been recently some very important move ments in iron. On Monday the sales of pi: -amounted to sixteen hundred tons, at $33 50, six mon ths credit. + We ave informed that the merchants interested in the seizure of vessels gider the recent novel con” struction of the passenger act by the Surveyor of the port—alluded to in yesterday's paper—will anite in a joint report to the public, setting forth all the circu ances in the matter. ews from the British West India Islands to the 19th vltimo, has been received. The amount of wrecked property cast ashore at New Providence during the fortnight ending the 12th ult. was esti- mated at over half a million of dollars. The salt trade at Long Island was quite active. The new Governor of the Babamas was daily expected at Nassau. Owing to the unhealthiness of St. Thomas and other difficulties, the coaling depots of the mail steamers will be removed to Antigua. The British government, it is stated, has determined to extend the provisions of the ‘““Encumbered Estates Act,’ now in force in Ireland, to the colonies generally. Our Relations With Cuba—Specch of Mr. Shdell-Our Truc Policy. We are happy, at length, to find that aspeech hasbeen delivered in Congress worthy of a statesman, in view of the present momentous crisis in the affairs of the world, Hitherto, during the present session, all the learning wit, eloquence, logic and profundity of the members of both houses have been expended upon personal, selfish, comgracted, or swindling schemes against the treasury. The most ex- citing aud protract™d discussions of the House and the Senate have been upon paltry expe- dients for bolstering up an imbecile adminis- tration, or for putting it down. It is particu- larly refreshing, therefore, at length, to take up the comprehensive, Qecisive and statesman- like proposition made in the Senate on Tues- day last by Mr. Slidell, of Louisiana, contem- plating the suspension of our neutrality laws at the discretion of the President, during the recess of Congress, when, in his judgment, our critical relations with Spain and the Island of Cuba shall eall for the exercise of such au- thority. We cort ally approve this bold and sound Ame: rgument of Mr, Slidell, in reference to our icy@&t this crisis. It reminds us of the ferson and of pea Hip ng of the prac tions as 1 houn and Wet The gener: or openly confronts tha Ame n branch the present world-embrac- ing alliance between Fr: and England; it bravely meets the new and extraordinary state of things which has thrown Europe into confa- i and looks forward to the poss'ble contin- may involve us imply proposes, in the general convu should the alternative demand it, to cut the in- tricate entanglements betwe agland, France Spain conce spike g the island of Cuba, by a ys ations, be the consequences what they may. We trust, too. tha at the Senate Committee ou Foreign Rela .towhich this master has been refe after g it that careful eansideration which vity and the immeasurable import: on demand, will retarn sueh recom # to the S s shall convince the » that whatever eonces may by the United States as a neutral power in the European war, no en- croachments, nor intrigues, nor coalitions cal- culated to endanger our safety, or to embarrass our domestic institations, or to restrict our commercial ascendancy in American waters, will be tolerated hy our government. of the qu mendatic A glo-F ve mad opinions of the members of the Cabinet have been | required en this subject, the document will be the | What will be the fate | lio involves a schedule of radical political events | and revolutions unprevedented in the annals of mankind. England and France have boldly | proclaimed their programme, not only to com- | pass the distribution of political authority in | ‘tke Old World, but the establishment of an ef- “fective European balance of power in the New. Hence the tripartite overtures to Mr. Fillmore’s administration, the significant correspondence upon that subject, and the “happy accord” which Lord Aberdeen has declared to exist be- tween England and France, not only upon European, but upon American affairs. There can be little doubt that this self-complacent de- claration covers a secret understanding between the two powers for the protection of Cuba against what has been termed “the grasping ambition of the United States.” The case, we think, is circumstantially proved by the plain, accurate, historical _re-capitulation of Mr. Slidell, touching the diplomacy of Eng- land for the last year or two in reference to the island of Cuba. The late insolent acts of the colonial authorities at Havana can only be ac counted for upon the presumption that they are in.a position in which they may defy the power of the United States, and provoke us to a rap- ture. In this view, our relations with Spain are of the highest moment. The existence of an An- glo-French protectorate over Cuba, the object of which is permanently to cut off the acquisi- tion of that island by the United States, though it-may be necessary to reduce it to the condi- tion of Jamaica or of Hayti, we cannot, dare not, regard with indifference, It is a matter of vital interest to our national independence and our dignity, to our commercial rights, our ma- ritime defences, and to our internal hdtmeny and safety. It is of higher importance than a dozen Nebraska bills or forty Pacific railroads, eould they be called into existence, like Alad- din’s palace, by the rubbing of a lamp. Con- trasted with the balance of power in the Gulfof Mexico, the Gadsden treaty, upon which the Senate have been expending week after week of earnest discussion, dwindles to the contemptible proportions of an adroit conspiracy to plunder the treasury of a few paltry millions of dollars, Mr. Slidell has presented the issue in its true light before the American Senate. The counter-check which he proposes against the insidious policy of the European coalition is radical, may be hazard- ous, butitis to the purpose. If, in order to prevent the transformation of the island of Cuba into the central State of a freenegro con- federation, it may only be necessary to sus- pend for a season our neutrality laws, the sim- ple question is, shall we do it or decline to do it? The immediate provocation may have passed by, but a thousand contingencies may happen during the next six months justifying the expedient as the only remaining alternative of self-protection. To meet these possible contingencies during the recess of Congress, Mr. Slidell proposes to arm the President with the requisite discretion- ary authority. It is time these Spanish out- rages upon our citizans, our commerce and our flag, at Havana and other ports of Cuba, and these shilly-shally explanation? at Madrid, were ended. Such trifling is culpable folly in view of the “happy accord” between England aad France. We are wasting time, while the Holy Alliance are perfecting their schemes against us. We have not much faith in, nor any great respect for, the courage or decision of character upon great issues like this, of the head of the present administration at Washington. But feeble and indecisive as he may be, the authority in the premises should be conceded; for public opin- ion is so clear upon this subject that even Gen Pierce may be trusted as its exponent. His official position in regard to our foreign rela- tions entitles him to this discretion; and the policy of a timely warning to the allied pro- tectorate over Cuba, requires some decisive declaration from Congress. It is conceded on all hands that Europe is upon the threshold of the mightiest events and most radical changes, which, amid all her revo- lutions from the remotest ages, she has ever un- dergone. It has been declared that the alliance of the Western powers comprehends not only the European, but the American, balance of power. It is undeniable that this balance of power hinges upon the island of Cuba. It is manifest that a deep laid scheme is on foot to render Cuba forbidden fruit, and utterly re- pulsive, to the United States. It is evident that the colonial authorities are possessed of the secrets of their masters, and have been en- deavoring to foment a rupture which would compel England and France to hasten to the rescue. All these facts taken together, show that the rd/e we shall be called upon to play in the grand crisis which is upon us, will be of | the greatest magnitude, and involving the | mightiest influences upon the future destinies of our country and-our institutions, Hence we are happy at this timely and appropriate expo- sition of American policy from Mr. Slidell. We trust that the Senate Committee, the Senate itself, and the House, will second the move- ment with that courage and decision which the subject and the time demand. The day has come for a positive and conclusive settlement with Spain concerning the island of Cuba. We may have it now, and avoid a war; but if we hesitate and postpone the work upon quib- bles and explanations with every recurring co- lonial outrage, till the European war is over, we may be driven, for our security and our rights in the Gulf of Mexico, into a collision with England and ‘France. The Flaw in our Fire Department. We hope that no one who can spare the time will fail to read the evidence given yesterday by Chief Engineer Carson before the coroner's inquest. The rank held by the witness, his twenty years’ experience as a fireman, and his careful observation of the disaster combine to give to his testimony a degree of importance which that of no other witness can possess. Those who know Mr. Carson will not need to be told that his narrative of the occurrence which led to the inquest is, in our opinion, the most accurate and explicit that has yet ap- peared. It is clear from a perusal of the first twenty lines of his evidence, that he is a man given t telling the truth bluntly under all circumstances: and what he says onght at all events to command general belief until its falsity is very undeniably demonstrated. When, therefore, we find this frank spoken witness, whose experience of fires and firemen is certainly larger than that of any other indi- vidual in the city, atate plainly that he believes there is a gang of men under the garb of fire- men who run to fires for the purpose of steal- ing, and likewise that he has known members of the Fire Department steat, we submit that We are entering upon a new cycle of the J the propriety of abolishing our present fire troversy. Mr. Carson cannot prevent thieves from obtaining admission to houses, in the garb of firemen; he cannot prevent or ade- quately punish stealing even among the regular members of the depart- ment; and it furtier appears that instead of deriving aid or assistance from the Common Council, when sueh practices are dis~ covered, that body has actually screened and and in one instance reinstated the thief ir, his office. Is any thing more needed to sho y that, under a voluntary system, plunder mv ist be the rule and not the exception ? Mr. Carson is of opinion that over half the fires which occur in New York are the wo rk of incendiaries: and most of us would be reg ,dy to endorse this statement. But neither Mr. Car- son nor any one else knows whose busi ess it is to ascertain the cause of fires, or pre -vent in- cendiariem. The condition into which we have fa’ ilen would really be inconceivable, if it were s10t areali- ty. The Chief Engineer swearing t! :at half of the fires which occur are the work ¢f incendia~ ries, and confessing his own help! .essness and that of his brother officers to de tect or check the progress of the crime—the # ime officer ad- net, wh,ich makes all the difference in the world The V unatics yield no dividend to the spoilsmen of thie administration, Of course the lunatics are unconstitutional. But the land speculators W ill pay, and pay handsomely, and consequent, Jy they are perfectly constitutional, .clear as daylight. They have now before the two houses various stock-jobbing bills, contemplat- ing land grants to Western railroads, amount- in all to not less, we venture to say, than sixty millions of acres, in great part the choicest and richest pickings of the public domain. And from all that we can learn from Washington, Gen. Pierce will sign all these bills, and as many more of the same stripe, and be glad of it, if they are sent up tohim. His ideas of public justice, of wise discrimination between right and wrong, and of a strict construction of the constitution, appear to have been sold out or given away to the spoilsmen and stock-job- ders, and treasury vultures, by which the "White House and the Capitol are infested. Will Guthrie’s surplus hold out this session, at this rate? Will the public lands suffice to satisfy the spoilsmen, though every acre may be sacredly devoted to their uses, to-the exclu. sion of all other applications, lunaties, old sol- mitting that thieves have found ‘their way inte the Fire Department, that sou e have been ex- pelled, while others, kaown t@ have stolen, are retained in office—and declsring that in his opinion bands of organized robbers make a practice of attending fires, and plunderiag under the garb of firemen—discloses a state of things which will shookthe most resolute mind What is safe, if half of the houses that are burat are set on fire, eur goods stolen by the very men who profess to save them, and our utter helplessness to prevent these things de- monstrated? Is not this the lowest depth among the miseries of anarchy ? To-morrow, shall we say, the store occu- pied by Mr. A in.one of the business streets in the city, is set on fire by scoundrels who want to plunder it. It is done at dead ef night, when no effective assistance can be rendered. As soon as the flames appear, the in- cendiaries emerge from their place of conceal- ment, and pass themselves off as firemen. In that disguise they obtain admittance to the house, which is closed to honest men, unless they be firemen. They carry off what they please; and authorities, police, and Chief En- gineer Carson himself, know the whole affair from beginning to end, but cannot prevent it. This seems an incredible case; but that it has occurred scores of times, and will continue to occur until the entire framework of our muni- cipal institutions is changed, we have no man- ner of doubt. That change has already begun in the Police Department. The control of the police has been wrested from the City Council, and placed in the hands of three respectable citizens. Since then the police have begun to evince a little efficiency; and the escape of criminals has been less a matter of course than it used to be. The attempt made to place things on their old footing having failed, there is some ground for hoping that a year or two hence we may have a police force that will be of some ser- vice. It now remains for us to effect somewhat similar changes in the Fire Department. The bill for depriving the City Council of the power to reinstate thieves in the department must be carried, and the control of the firemen mmst be placed in honest hands. After Mr. Carson’s evidence, we should think, no opposition will be made by our present fire companies to the abolition of the voluntary system. The respectable men who constitute the bulk of the body will be glad to escape from the odium to which such practices as those disclosed by the Chief Engineer must give rise. Shown as it is that it is impossible ‘to prevent thieves from buying and wearing firemen’s caps and badges and so obtaining admission to burning houses for the purpose of plunder, no one caa be so unreasonable as to contend that the sys- tem ought to be maintained. No advantage which it may possess can outweigh this fright- ful drawback. The question in fact now amounts simply to this: shall we continue to pursue our past course, it being proved that it stimulates theft and incendiarism? or shall we revert to the system which in Boston and in European cities has been found to go a long way towards extirpating both, besides diminish- ing the number of fires? We are content to leave the solution of the problem to the firemen themselves. Looking at it ia their double ca- pacity of firemen and citizens, a proper degree of pride in the one case and a sense of interest in another cannot but induce them to take the lead in agitating for the reform. They have nothing to gain by upholding a system eunder which their good character is used by mis- creants to cloak criminal practices; while they have, in common with all of us, much to lose by the prevalence of crime and the frequency of fires in our midst. It cannot be that we shall have appealed to them in vain. The old proverb warns us against grasping too much at.once, and we will only add that the reform required in the city Council must be as thorough as that in the Fire Department. If it has ever happened that we have had occa- sion to speak well of the Council, the circum- stance has escaped our memory; and to the best of our belief, the reinstating of thieves in the Fire Department is entirely consistent with the whole tenor of their administration of the public service. New York will not breathe freely till they are swept away root and branch. Tue LUNaties AND THE Lanp SpecuLators.— It is now pretty well understood that President Pierce will veto the Land bill for the relief of the poor lunatics of the whole Union, while he will cordi.ly approve all the land grants for the benefit of Western railroad stock jobbers. The lunatic bill, passed by a decisive majority of both houses, sets apart ten millions of the pu- lic domain to be divided appropriately among the several States, in aid of their lunatic asy- lums, and upon this bill Gen. Pierce diseover | that he is confronted by the Constitutioa; and he can’t sign it. Now, it appears that, according to the last | census, the total number of insane persans in the United States is 15,768, and of the idiotic, 15,766, making a total of a most miserable and helpless class, of 31,474, intended to be benefit- ted by the ten million acre bill. But the Con- stitution of the United States being in the way of our remarkably punctilious President, he ¢an’t sign it, he must veto it, and so the poor wretched lunatics and idiots will go by the board. The railroad land speculators, the active chaps operating upon Congress and the kitchen cabinet, do not number, probdbly, over five hundred. But they can be turned to a good account in sharing the spoils with tre Congress diers, rivers and harbors, and everything else? Doubtful. Martin Van Buren, in less than four years impoverished the Treasury, filled the country with public defaulters, broke up all the financial, commercial and business interests of the whole Union to such an extent that Con- gress could find no relief for us at all, but in the sweeping repudiation act of a general bankrupt law. This rejection of the lunatics, and this favor- itism to the land-jobbers—this “ straining at a gnat and swallowing a camel’’—indicates the same namby-pamby, but insatiable corruption on the part of the present administration. If, however, “the wise men of the East,” and of all sections in Congress, do their duty, these rapacious land-jobbers will be choked off, the Gadsden treaty plunderers will be stopped short of the Treasury, and the administration will be made to understand it. If the President ap- plies the constitution to the lunatics, let Con- gress apply it to the spoilsmen and their vari- ous schemes of plunder, and break up the nest of unclean birds which rule the roast in the kitchen. Tue First Extrapition or AN AMERICAN Crrizex—Conriictine Construction oF THs Asupurton Treaty.—The condition of the Jaw under which any American born citi- zen may be sent from the city of New York to Caleutta, or any remote territo- rial possession of Great Britain, to an- swer for an offence of which, whether guilty or not guilty, he can be tried by a judge and jury here, must be a subject of deep interest to the community at large. The case of Van Aernam was the first in which the treaty of 1842 with Great Britain was sought to be enforced for the extradition of an American citizen, under any circum- stances. Mr. Commissioner Morton, before whom the accused was brought, stated in his decision: “The present is an entirely new case under the treaty, and may well awaken public attention, and requires, for general@atis- faction, that higher judicial authority should ally ; and it is due to both that Heilbronn be surrendered back to the sovereign power whose rights have been infringed through mistake, or that his pardon be required by our government from Great Britain. Van Aernam was substantially charged with the same offence, which was contended to be clearly excluded by the treaty of 1842, If it shall turn out that the Heilbronn transaction is repeated in his person, we will have revived and re-enacted before the American people something approaching to that high-handed ex- tradition perpetrated on board of the United — States frigate Chesapeake—an outrage which. the blood of the war of 1813 could not wash out or atone for, and the rankling memory of — which will live while our Union lasts and Eng: | land refuses to abandon the pretended and | odious right of extradition from American ves: | sels upon the ocean. .The extradition from the | Chesapeake was by force; Heilbronn’s was in fraudem legis, through misconception ané error of judgment. Van Aernam’s rests upor the qualified decision of a commissioner wh<« recognized the solemn importance of the ques > | tions, and called the attention of the prope: tribunals for the purpose of rescuing it from his mere ministerial ‘fiat, and, if advisable, ti be considered by the Supreme Court. of th; \ | United States, then in session, whose decision’ constitute “the higher law” of the land. This would have been accomplished by th | Cirenit Judge reviewing the decision of th | commissioner; and upon the judge sustainin, | that decision a habeas corpus would havi brought the matter before the Supreme Court Justice Nelson, in the case of Kaine, sitting as: CircuitJudge,reviewed and reversed the decisio! of Commissioner Bridgham, and discharged th! fugitive, although under warrant for extradi| tion by the Executive. His Honor Judge Betts sitting as Circuit Judge, does not fe2] himsel authorized to go belind the decision of Co ‘missioner Morton, whose well-meant and cau! tious intentions have become neutralized What is the law upon this all-momentous ques- tion? Are not the decisions in conflict ? ai are not the rights of the citizen cast adrift : The conviction is becoming every day mort, general, and decided that Congress must eq repeal the law vesting in commissioners th:’ hybrid judicial power now exercised by thow officers in cases under the treaty, and feave th duty to be performed by the judiciary, or mak the duties of the commissioners limited tc taking evidence and returning it to the Circui\ Judge. When this has been done, a plain stat of facts can at once be agreed upon, and th whole case, with its legal bearings, be presen’ ed to the court without having devolved upo them the preliminary and almost mere cleric ‘and ministerial labor. | Under the existing management the publi. are not satisfied. The bench andthe bar ar not satisfied, nor could they be so without be coming regardless of the repulsive incongruit; too often presented between the magnitude an momentousness of the cause and questions a stake, and the competency of the tribunal em powered to pass upon them. Mr. Butler’s Judiciary bill, now before Con gress, will afford an opportunity for correctin; the evils complained of, and ensure what doe not now exist—a knowledge and certainty ast) settle that construction of the treaty which the present demand for extradition requires and apparently sustains,”’ Judge Nelson, in the extradition case of Kaine, remarks : “I am yet to leara that the right of the liperty of the citizen is not as dear to him, and entitled to be guarded with equal care by the constitution and laws, as the right of property. I am satisfied that this Court has jurisdiction to issue the writ of habeas corpus to inquire into the legality of the commitment be- low.” Chief Justice Taney, on the same occasion, said: “I agree with my brother Nelson; the questions involved in this application, (the li- ability of the fugitive to extradition,) are very grave ones; and I should have felt it my duty tostate the grounds on which my opinion has been formed, had not the whole subject been so fally,and to my mind satisfactorily, discussed by him.” Judge Daniel, on the same case, remarked that “the question involving the lives and liberties, not only of those who from abroad may seek protection under our laws, but the lives and liberties of our own citizens, is un- doubtedly one of the most important which can clajm the vigilance of our government in every department. Having deliberately compared my own views of this vital question, with what has been so well expressed by my brother Nei* son, and concurring as I do in all that he has said upon it, I deem it unnecessary to do more than thus solemnly to attest my adherence to the great principles of law, justice and liberty vindicated by him.” Judge Story, when considering the constitu- tional inhibition to extradition to a distant State of the Union from the State wherein a crime may have been committed, thus feelingly refers to the disastrous consequences of its ¢x- ercise: “A citizen to be dragged suddenly from his family to o trial in a foreign territory, away from his friends, and witnesses, and neighborhood, and to be subjected to the ver dict of mere strangers, who may feel no com mon sympathy, or who may even cherish ani- mosities or prejudices against him, besides sub- jecting him to the most oppressive expenses, or perhaps even to the inability of procuring the proper witnesses to establish his innocence.” Notwithstanding such opinions, showing the extraordinary importance of the case lately be- fore Judge Betts, and the admitted fact that the prisoner could be tried by a New York judge and jury for the offence of forgery, it appeared upon the face of the papers read before the | * Court that at the time Mr. Commissioner Mor- ton delivered his decision to the prisoner’s coun- sel, a warrant of extradition was on its way from Washington—the Commissioner having only on the previous evening forwarded his cer- tificate to the President. The evidence and au- thorities cited could hardly have been con‘id- | ered within several days. The act of Congress has made various provisions, under the sapposi- tion that the Executive may suspend the con- | s cession of a warrant for extradition for a period | of two months. The fate of Alexander Heilbronn might well have stimulated “the vigilance of our gov: ern. | ment in every depariment” in the case of Van | Aernam, and opened the eyes of the judiciary to the abuses existing and likely to be repeated under the treaty of 1842. If the offence charged against Heilbronn was not provided for by the treaty, as English judges upon 9 moment's con- sideration have determined, then have the rights | of the fugitive, the soil and sovereignty of the State of New York, and the dignity of the Uni- | 1m ted States, been violated, though unintention- | what is the law. Misera est servitus ubi wen est vagum aut incognitum. :i Wruuram Vincent WAttAce, THE ComrosEr.—We under derstand that Wm. Vincent Wallace, the composer, wh has for some time past devoted his time to compositiol:’* that will soon be produce?, has, at the solicitation a number of friends and aduirers, decided upon giving 0: concert, instrumental and vocal, at Niblo’s saloon, pre vious to his return to Europe. Mr. Wallace will be as sisted on the occasion by his wife, one of the most bri liant and accomplished pianists of the day, and his sister Madame Wallace Bouchelle, whose sweet ballad singin has made her an especial favorite amongst the musiee community of this city. The concert, we beleve, wi take place on Saturday evening next, and it will be brilliant atlair. Pavt Juiten’s Concert.—The concert which the youth ful violinist has volunteered in aid of the fund of the Ne York Fire Department, will be'given at the Tabernacle Broadway, this evening. If any inducement beyond th excellence of the artiste were wanted in order to ensur a crowde, house, it would be found gt once in the praise worthy object to which the profits are to be devoted. Executions ms May.—A slave named Merritt, who convicted of a fiendish assault and battery upon a whit woman, was to have been hung on the Ist inst. i Charleston, 8. C. John Hendrickson, who murdered his wife, will » hung on Friday, the 6th inst., in Albany, unless <b authority of the Executive is interposed Din weal! for which strong efforts are now being made. Patrick Doyle, who was convicted of killing a Will be hung in Naperville, Il)., on Friday the 12th inst. A slave will be hung in Aberdeen, Miss., on Friday th | 19th. He was convicted on a charge of arson. nd Ss James Parks, for the marder of William Beatson, la: summer, at Cuyahoga Falls, will be executed on the 26t inst. at Akron, Ohio. Parks robbed Beatson, cut off hi head, and threw his body over the falls. If may be r¢ marked as a coincidence that the day on which Parks | to be hung will occur the great annular eclipse of th sun. Marine Affairs. ‘Tim Caronic Sm Entcsson.—This vessel still red submerged in the North river. A couple of steam tugs and other appliances have been brought get her once more upon the water, and it is expected ah will be afloat again during the present weck. Her pos tion has already been slightly changed by the apparatu The place where she lies is just off the dock used by th Cunard steamers, at Jersey city. Tue Sikamsmr City oF Guascow.—In reference to tk unfounded report that the vessel seen lying at Cast Isiand, Bahamas, was the missing City of Glasgow, letter from that place says:— “What business could the of Glasgow hay against wind and against the Gulf Stream, yet in perf order, at Castle Island? She is either a Spaniard wat ing for filibuster, or a Britisher for #lavers, as Cast sland is one of the three p Lac te Turks Island, Cast sland, and the Hole in the Wall—used by m .< ering the Gulf; Crab Island, the former oe he or orders, being pretty well watched. "” arKERce OF New Yors.—The following is the nu: ber of vessels, of ench clave, arrived at this port, wi their tonnage, for the month of April, 1864:— No. Tonnage. ‘0. Tonnay a9 $- 1A. s 4 ... Portu 1 a Ovtenberg 1 b ecklenbu} 2 iy Total Sicilian. ers. 4 8 1 m Y & 1% Great Britain, 39 1 Bremen...... 11 1 Hambuw 4 2071 = — French... 1 Coxaexnce or Purapeienta.—The following is a list foreign and coastwise arrivals at the port of Philadelp for the month of April, 1854:— FOREIGN. Court art Calondar—This Ds Svrenior Covrt— 106, oy ys & arnt tse! 30 E Seen 734, ise, 18 fae? 740, 744, 746, 148, 73, Common Punas—(Part First 640, 048, 649, 662 to 8h 087, 638, 615, 660, 662 to cee oe