The New York Herald Newspaper, September 16, 1855, Page 2

2 NEW YORK HERALD, SUNDAY, SEPTEMBER 16, 1855, like selecting a Quaker to bear a challenge, or a wild Indian to preside at @ missionary meeting ; the contempt entertained by his Royal Highnese for such plebeian oc- cupations av trade and commerce, and his exclusive de- votion to military matters being sufficiently notorious, Certain it is, however, that he stayed at St. Petersburg several days longer than was intended, and that imme- diately alter his arrival in Berlin he proceeded to Erdmannsdorf, where the King was then residing, with whom he had several long conferences, The quid nunes hint that the result of this interview was not satisfactory; at any rate, he soon took his leave again, and has now gone to Ostend for the benefit of sea bathing. A very short time nrust show whether bis Russian expedition has bad any effect upon the foreign policy of this coun- try; for the present, politics are at a stand still, and there ave no symptoms of Prussia’s giving up her neutral posl- tien either in favor of the Allies or of the Musecovites, though her partiality for the latter is mmdeniable. On the other hend, Austria is at her old tricks, now en- deavoring to cajole the Western powers, now trying to inveigle Prussia into her toils ; but by this time she is too well known to deceive any one, and her overtures are everywhere treated with civil contempt. f ; ‘The King’s health has improved, and al! immediate danger is passed, but his constitution has eviden'ly sus- tained a severe shock, from which it is thought he will never completely recover. Qn his return from Silesia, he was so much’better that he promised the inhabitants of Konigsberg to be present at the festivities by which they intend to celebrate the sixth centennial auniversery of the foundation of their city, and all the preparations for this journey had been made, when they weve obliged to be countermanded, ostensibly in consequence of the cholera having broken out in Konigsberg, bat in reali on account of a veto interposed by the King’s phy who were apprehensive that excitement and. fat might bring on a relapse. A tiip to the Rhine, which was to have taken place this autuinn, seems to have been given up as well, and the oiticial statement that he will attend the grand manceuvres that are to the end of September at Brannsberg, in considered at least premature. He certainly loo ‘and has aged very much of late, although there is a grea? difference of opinion as to the real nature of bis disease, his friends representing it as trifling, while those who hope topprofit. by a change of rulers shake their heads very ominously, and are beginning to singa De Profuntis that sounds uncommonly like a 7 Dewi. Fortunately for the poo: fa the London Zimes has taken upon it- self to predict his approaching end, and as the prophi of the Zimes are never fultilied, he may hope to little Jonger. In the Crimea affairs seem to be in much the saine state as they were in November last, when the assaul \ipon Sebastopol was checkmated by the battle of Inker- mann. It is very plain that the Russian attack upon the lines of the Tebernaya was occasioned by the same cir- cumstances. which lod to'that most sanguinary action, The allies had ad dso near to the tower of Malekol! —the key of the cnemy’s position—that an assault was imminent, end the only way for the Russians to prevent it was to threaten them in the flank and force them to draw off a considerable portion of their troops from be- fore Sebastopol. To a certain degree this plan appears to have succeeded, for the storm of the Malakoif, whi was to have signalized Queen Victoria's visit to Paris, has been adjourned sine die, while the renewea 90m. Pardment, trom which such great things were expectod this time, has failed so entirely that the Monicwr has thought proper to ignore it altogethe:. scan only be accounted for by th the allies being paralyzed by the presenc Russian free on the Tehernaya; but then the question arises, why did not Gen. Felissier pursue the re' snemy beyond that river, and prevent them fr occupying their strong position at Mack from whence they can pounce upon his army at any moment they please. Unless he was more se mauled in the last engage- to imagine, his rly as the excuse ns after the batile of Alma, ed now, when he AFFAIRS IN EUROPE. Oux Paris Correspondence, Panis, August 31, 1855. Philesophizing on the Lev Pageant—Glance at Queen Victoria's Anteeden — War Speculatious-- Death of Mejor General Torrens, and his Interment at Pere la Chasse We are slowly, some of us, perhaps, unwillingly sub- siding into the ordinary jog trot of social life. With uch a comet as the Queen of Engiand’s visit making its ‘eccentric course across our more sober planetary system, we may be forgiven if our heads should continue montées some time after the meteor has passed away, bat the stern realities of life and its exigencies are hourly apply- img their gentle screw and reducing us to a proper voutine. The last remnant of the fine triumphal arch, with its eagles, its golden bees and its banners at the Rue Le Battier, has dissolved into its elements. Its flowers withered and dead; its faded canvass, its painted poles, and ai] other appurtenances, have been shovelled away, lke some slovenly unhandsome corse, and Richard—I On the whole, it is eminently a fact, that the great /i% and pageant has left no sting behind. The shadows which obseused it at the beginning have had no recurrence; on the contrary were followed by one gleam of sunshine epon another, cach brighter than its predecessor. The Wrench have had a real Queen among them of the divine right school, albeit 1688 might haye something to say againrt it, and they have seen beside her the Em- press of their own making. I don’t think they would ehange; but the novi homines e& rowe famine, which Rave sprung up with an upstart court, are evidently greatly pleased to have played the courtier in an un- doubted presence. The Queen, too, seems to have heen perfectly affible and good tempered with every one. 1 never could trace that her Majesty ever, at any time since her birth, gave the slightest indication of talent; e trait in her character is her devoted attachment to her husband and children. Out of this eirele she does not appear to have exhibited sympathies of any character, and her countenance gives not the slightest indication of their possession, On the contrary, the liner of waywardness, of obstinate self will and stub- vornness, ere plainly marked on her features, even while ft is clearly her wish to be amiable. Excitements, such ‘ae her visit to Paris, instead of being, as one would sup- pose, the very plagues of her position, are known to give ber great pleasure, and, in fact, to be necessary to her existence. Th pecasional interludes, with an addition to her family almost annually, keep her Majesty in that state of negative virtue which prevents her falling tato iM oder with any party. ce Albert, though not King Consoit, is so by tacit admission, and beyond the signa ture of her hand, an the occasional formality of her presence, she has little or nothing to do with kingeratt. “Me only instance in which she seemed ever to lay claim to any degree of it, unfortunately made her very ridiculous. When Pr. Wi-eman, and other Catholic bishops, assume? aright tobe called after certain ancient sees, such as Archbishop of Wesuninster, Bishop of Burmingham, and Lord John wrote bis letter about Catholic mumme the Feclenastical titles bill, and-so-forth, Dr. Jalph, Pre: dent of the London U: ity, somewhat electrified the popular car by saying, * that the whole of yesterday the Queen had been walking up and down the tervace of Wind. + r not pursuing the } viz., the want of cavalry, cannot b ¢ | has at least ien thousand horse, each, Engl and —_ ving that she was and would be Queen of | Tieinontese at his disposal, who are eating their heads Engianc off at Komara and Kadikei. From some hints thrown ont by the Mouéiexr and other official organs, and aopa- rently contirmed by Louis Napoleon’s ¢ one Would almost’ suspect that, the al all idea of taking Sebasiopol by lating upon reducing it by the less process of starvation, The Russian such want of provisions, (hai it will b ly impos sible for them to hold out through th when the communication with Perekop is inteveepte? by snow aud Fefore her marriage there was great difficulty in keop. ng her within bounds ; her mother, the Duchess of Keat, was forbidden to le upow her privacy without ex- press permission, and poor Lay Flora Hastings, one of her maids of honor, afflicted with a mesenteric affection which caused a protuberance of the abdomen, was pro- nounced by the innocent young Queen, some eighteen or nineteen years old. to be encirut—a circumstance which | ico, and they will efiher have to capitulate, or to blow greatly hastened the fatal termination of Lady Flora’s | yp’ the fortitications and evacuate the pice. This may malady. On the whole, therefore, it is a matter of con- | y6 correct, but it do@ not agree with the accounts we Bratulation that no condrelemps has occurred at this event- inl visit. rhe has danced and waltzed with the Emperor, and been never tired of saying tener farewells up to the moment when, across the trackless deep, she began have here, which, however, are from. Russian sources, and can only be given for what they ar he. Ace cording to these statements the measures of the Russian commissariat have been taken h speed her w: x seu-girt home in the Isle of Wight. | that the ditficulties proceeding fom the o:capation i 8 ppg agi oe fer: Tingion | the Sea of Azof by the aities have beca completely 0 Mf the war was ove hopeful char- athe mare abi y supplied with all gr he Et in mhok whi viated, and the troops ave abundantly supplied with al the the neces#aries ot life, a regular line of magavines having a bas been given by been cetublished between the isthmas am inperor that he had private reasons for knowing that th horrors of last winter could which ate cont lenished from the « not be repcated; the viclory of Traktir, the importance | ‘Hich are cont athena Reet i OME Gavia nue of which seems more and more to develope itself, and the e about ty German Prince, r vighty miles trom this capital, who h the Crimea, which are mostly laid ont in sieep walks, » the te Swenborg, have given a sanguine bias Parisian mind | have not ceen the like of since the b of Alma. Ido not say, however, that I observe any gr sssdianhtee noe the wat’ Bigs, has. bees tenting ehange in the sentiments of « certain class of staid in for his tl tof positive intelligence that who have access to diplomatic society, and who have de: | they have been left twace—w poof, at least, that the elared from the first that the fall of Sebastopol would | j; ALO TH dio Wanbok MAadOH 1b Wile: be eee ebange nothing in the aspect of the in regart to | ed, toby that the latest reports from the English camp be- peace, though it might augment its arc ture Sebasiopel mention the arrival of immense Russian An event edon Monday, an hour before the Queen in the north fort, which ha! continue! fo yale neg el pag which es Meir nd were probably destined for er supp. ies. ching instance of theentenle cordiale than even Her Nrabenk Wie'Gartse Fr Grekhors croktid Majesty’: visit, Sit Arthur Wellesley ‘Torrens, KC. B. hepa eit fesmainet Bap a son of sir Wi ad peoule are am Torrens, and x god son of ‘the Dake ity a of Wellington, having been present at the three battles of Alma, Balaklava, and Inkermann, received at the last of these engagements a my his chest, ¢ traitors in the » 1 the many-headed as the South, as willing to “listen to the voice of the charmer’? as ever, Allon hens ‘pes : r justly remarks, that the English yublie “are prone ia a ‘of his medical attendants, his ery Was ap) most extraordinary degree to common delusions or ae complete as it was speedy. He was inade a Knight phrensies, which almo-t amount to national insanity.” the Bath, a major general, presented by the Queen with Admira: Dundas has certainly done an Arabian charger, the docility of whose temper and | \ith the limited means at hiv command, ha‘ {clearly Pace might tend to mitigate the fatigue of horse exercise, | impracticable to reduce a fortress situated likg Swoabo and mace Military Envoy to the Court of the Taile- | without the assistance ofa land army. Ti the allies ha ries. On Saturday, the 18th, he rode down to the St buorg station to receive the Queen; the Vriday following he was a corpse, A post mortem examination discoverel that the ball in its passage had stove in one of the ribs, which pressed ‘upon part of the lungs: that the anic action o the rystem was +e: in fact, was the The Emperor accordingly decreed him the unpreceientet honor ot being escorted to his grave by French arms, and all the pride and cire ce of military pox The Rev. dir. Marriott, who was commanded hy the rage vent a hundred thousand men to the Baltic, instead of wasting their energies against Sebastopol, they might ave struck (he Russian empire a heavy aml de: sive low; at present, however, the season is too fur ad- vanced for an undertaking of that kind, and the suad- rons of France and England will have to return again, as they «id last year, without having ellected anything more serious than the shelling of some Iu-siin forts, she Durning of a magazine or two, and the capture of a few coasters and fishing boats, ALB. Our Vienna Correspondence. British Embassy to officiate, describes the seene as most ‘ touching. The Boulevards were gathering under arms | fi to Vievxa, August 25, 1856. for the Queen’s departure ; the banners, shields and | myerer Francis Joseph and “Young Austria’ emblazonments were sil on the houses; the tri- | perial Plea of Operation—Joseph IL. the bean idea! Francis Joseph—Germanisatin of Hungary, Croatia {nti-Russian and Aati-Prussian Po- licymAutria Joins tie Zoll-Verrin, an! Lonks to the Imperial Throne of Germany=-Haly the Heel of Achilles for Austria, de. Would you believe it cis Joseph, is a revolut wmphal arch was still in its glory; thousands and Were assembled on wit tens of thousands of spectators the pave, when a sight such as was never nested before in the streets of the metropolis, broke them. A band of drummers, rolling their mournful, maf- fled beat, preceded the coach of the minister, who, in his surplice and banns, was soon recognized by the evowd as being Fuglish. Mounted dragoons, a infantry, rode on either \. hearse, by the «ile of which, holding the four corners of the pail, walked two British and two French officers ea grand: fen. ‘The gray Avab charger, his hot ‘eovered over, and also his whole person down to the vei feet, with a black net veil wide by the 2d regiment of lig th arms + versed. A long cortege of mourning coaches, private earriages, among which was that of Marshal Vaillant Minister of War, especially entrusted by the Emperor with the command ot the obsequies, followed. The crowd stood bareheaded, high and low, priests as well as people and thousands, instead of waiting for the arrival of the Queen, quitted their positions, and followed this novel faneral cortege to Pere la Chaise. At that cemetery the body was lowered to its final resting place, in the Presence of at least 10,000 persons, while the drums kept up their dirgefal rolling note: and though it is possi mot one in a thousand comprehended him, when the min deter commenced the service with “Man that {s born ofa woman hath but « short time to hve,” &e., you might have hearda pin drop. At the conclusion, the Count de Noé stepped forward and by order of the Emperor read a paper, explaining to all present his Majesty's motive for eon! this Unprecedented honor on an English sub- Ject. He did so, said the Count, because of his personal es timation of the valor of the deceased on that field whore h and French were brothers in arms; because, too. of his desire to give another proof of his wish to cement the kindly Tealing existing between the two armies; and because wie that the footatepe of the 0 of England, now lingering in French capital, should re- ceive a fresh instance of the profound respect and aitec tion which the Emperor and French people had for their most powerful ally. Upon this, a ery arose of © View I’ Em- pereur! Vive la Reine d’Anglaerre!"" The drums once ‘More woke the echoes of Pere la Chaise, and the Gener- al’s remains were covered in with the dust from which ‘they came, BERTIE. Our Berlin Correspondence. Beniiv, August 28, 1956. Speculations on the Visit of the Prince of Prussia to St. Peerturg—The King’s Health—Matters in the Crimea The Sweatory Story, Since the return of the Prince of Prussia from St. Petersburg, there have Veen various rumors afloat rela tive to the object of his journey and its result, It was stated, indeed, at the time, that his visit to the capital of the €zar had no connection with politics and was on. Urely of « private nature ; but even granting this to be | her influence in Germany. and Europe almost insignif tear # impossible that at so momentous a ® | cant, compared with the extent of her territory, the meeting between parties #0 deeply interested in the iseuc productiveness of her soi, and the wealth and resources should have passed over without reference to theeventful | of the country. Austria had become impoverished, her struggle now progressing and to the means of terminating | army had been demoralized, her Provinces driven to re. ‘4A. | The newspapers have sported all sorts of conjectures, | tellion, and her Emperor was a fagitive. It was then that most of them palpably absurd ; for imstance, tha! (he Pimperor Fi Joseph was called to the throne, wad Emperor Alexander had concluded upon the restoration | under his nuspices it ix now proposed to.regenerate the =~ oe as @ constitutional monarchy, and that the | empire, to render the different parts more homogeneon rand of Prussia was commissioned to dissuade his | and thereby to increase the governmental momentum mephew from a step fraught with danger to his neighbors | and the influence of Austria as a European power. The and ocopartners in the spoil of Poland. According to Emperor, warned by the example of 1848, and the terri another version, the Russian government, seeing their | ule rebellion of Hungary, bas resolved not to wait for the trade completely ruined by the blockade of their whole | seeond revolution, but to make it himself before Kossuth geaboard, have determined to abandon their system of | shalé have ancther chance to raise the standard of Hun Commercial restriction, and to throw open their land gariem nationality frontier for the importation of every kind of merchandise For this purpose the young Emperor hay decided but although this is far from being unlikely, to judge | henceforth, to treat Hungary, Bohemia, Moravie—in from some preliminary measures taken by the hort, all not purely German provinces of his menateh on early as last eurmmer, J should imagine that the mast: the Engin of ontute cok Vouk 1 Pros or be choren | p bom ogere rman y, abol conduct egetiations, Ii would We something and Selavonia The young Emperor, Fran- st! If he is not a revolu- tionist in the sense of Kossuth, Mazzini or Soulé, he is, at novator, 4 refocme: Teast, an i & progressive—Emperor. He is ti ting Austria,” for “Junge Cesterreich” is a term invented by the Sovereign himsolf, and officially bestowed by the members of the cabinet on all the provinces of the Austrian monarchy, “Old Ans- ia,” say the official and officious pens of Austria, ‘saw its Inst days in 1848." The conglomerate of States ac- quired by marriage, and which was the Austrian mon- arehy under the inauspicious auspices of Prince Metter- 4a young monarchy, with a new specific life, a totality of national impulses, a united German Austria, has taken its place, ‘This change is not se easily understood out of Austria, it is not even sufficiently ap- preciated in Germany; but it is, nevertheless, one which must hase its influence on the solution of the Oriental question, and on the future condition of Europe. { will therefore explain in what the principal changes introguced by the present Emperor of Austria co In the first place, the Fmperor has given up Mr. Von Metternich’s ilen that the art of governing his monarchy consista in the skilful application of the old principle efdi vided impera! That division which estranged Hungary from Austria and Bohemia, Austria proper from Bobesia and Hungary, Bohemia from every other Austrian Province, and especially from the German Provinces of Austria, Styria and the Tyrol, bas proved itself to be not only immeasurably expensive, but 90 weakening to the material and moral power of exch separate Provines ‘as to endanger the cohesion of them all, and to render Austria as a Earopean power inferior in some respects even to Prussia—certainly to France, England or Russia. ‘There was no possibility for Austria to actas a unit in any direction while the Provincial spirit, iastoad of be ing curbed by «uch # process, received that powerfal mo mentum which in 1848 threatened the existence of the whole monarchy. The system of Mr. Von Metternich, therefore, was wholly inadequate to prevent revolutions within, and so divided the forces of Austria as to render <about the last person who wool aad f Austria prope exerptions in fev (the arebe Auctria,) bat, at tf some time, requiring that all shall obey the same German law, and shall in language, man- ners and usages be assimilated to the German people. ‘The mora! strength of Austria lies in her German States; and as these, with the exception of her Italian provinces, are more civilized than the States of Hungary, Transyl- vania, Croatia, the Buckowina, &c., she commits no crime against civilization if she introduces German language and literature, German laws and usages, instead of the present semi-barbarous languages and institutions of those countries. A separate Bohemian nationality, « Magyar nationality of less than five millions of Hunga- rians, a Sclavonian nationality, could only be realized under independent princes, who, soonar or later, would again be subjects to a great European Power; while a system of government which should aim at thei manization would not only educate them, and the: increase their physical and moral well-being, but secure to them the caps and, in case of danger, the avtive co-operation of the German States, from the Danube to the Rhine, and from the foot of the Alps to the North Sea. Austria, by Germanizing Hungary, Bobemia and Galicia, is sure to Increase her momentum in German proper—, perhaps, one day to recover the German crown. So rea son the Fmperor Francis Joseph and his two Ministers, taken from the people—viz.: Mr. Von Bach and Bayon Vou Brack—both paper nobles, of theEmperor’s own making. ‘The problem is capable of sclution, provided moderation, skill, perseverance, patience and firmness ave ¢ jually employed to insure its success. If Russia has succeeded in introducing the Russian language into hes German provinces on the Baltic, Austria ought to find no dith- culty in introducing the superior German language into her’ Hungarian aud -espectally Selavonian proviness. Under more energetic sovereigns, thie would have been done long ago, and this would have rendered it impo isi- ble for Russia to stimulate the fifteen millions of Aust sabjects of Sclavic extraction to demonstrations of loyalty to the Czar of the Sclavic races in coptradistinction to the German soveriegn of Austria. The Germanization of the Selavie provinces of Austria is a conditio sine qua won for Avstria; for, unless this is done, these provinces must, sooner or later, increase the power of Russia by be :om- ing integral parts of the Sclavic world empire. ‘But how are the non-German provinces of Austria to be Germanized? you will ask, To this Mes: Bach and , the two Plebeian Ministers of Austria, answer: by connecting them with Germany by railroads and steam navigation; by abolishing the lines of Custom Houses which formerly separated one Austrian province from another; by bringing ail the different States of Austria into the German turiff League, (Zollverein) ; by abolishing the feudal system, so as 10 make every peasant hold his land in fre simple under the crown: by establishing Ger- man schools and universities in all the provinces of Austria; by encouraging industry, and by making the Austrian monar:shy, through the most enlarged system of internal improvements, the great road of German com merce with Fastern Europe and Asia, ‘This is consitle: Vie of a programme—wortby the most virtuous and sighted statesmen, and when you reflect that it ha laid down, pending a great war, in which Aus forced to take an important part, its auth no ordinary degree of enterprise and courage. A por' the programme is certainly being realized. Railr already connecting the principal cities of the mon hy and new concessions are rapidly granted to cover the whole country with a net-work of railroads, conne-ting the frontiers of Bavaria, Prussia and Saxony, across the Du nubian Principalities, with the Black sea: rivers are made navigable on which formerly no steam had foam a passage; canals are being built. to connect rivers an if ind the Isthmus of Suez itself isma jation with England, France and Tu rian constwise trade in the Adria: to India, ‘This $s alecady ria ix doing more. the Aust vant a passug: ginning; but Ar and continues very successfully to the feudal tenu:es and charges which y with the reward of the husbandman, by ‘paying claims to the nobles, in lieu of which she now introd a more reasonable and equable system of taxati has abolished the line of Custom Houses which used to tax every species of Hungarian produce on its way te Vienna or other German States, and the E the value of ali Hungarian estates, and shi paring 8 toalter her system of customs as to be able within twelve years to join the German Yollverein with all the Slate: of the monarchy. If she is suc (und there s no reason in the world to fuil,) she will have aceom plished more her subjects than a dozen provincial havewflected, and she will have sign: zation of Hungary, Bohemia and G a higher civilization, a superior lite an imp industry, a great, active and transit trade, and a sy tam of free agriculture insiead of feudal oppression into these States, The Sclavis subjects of Austria, instead of tuining their eyes to St. Petersburg, will teel that they Delong to a great confederation of Germans, numbering some sixty or seventy millions of people—)owertul not only by their number, but by their progress In all the useful arts, in selence and literature, and in ideas, So far the programme of * Young Austria,” cs project ed by the Fmperor and his pleban Mini You will admit that it is not unworthy of e young montrch who, if he does not change his mind, may live‘ see his plans executed, and his dreams realized i i cle, Francis 1, but his grand un g Emyeror’s model. He tic senve through autoc se, the fusion of Hunga ready entertained b; h 1, wh prevented its execution. fit iv well known tht Joseph I. was never crowned King of Hungary, as he never wished to pledge bimvelf to maintain the Hangarian coi stitution with the feudal rights of the nobles.) But t we must not forget that out of the ten millions of inka’ tants of Hungary, there are certainly not more than five uillicns of Magyars; the rest being either Sclayonians and Creations or Cermans. ‘The civilization ot Hungary is elrealy Germon; Kossuth himself is a G ry dscolar. Hungary, civilize and cul Mhenish provinees are, could support a popula’ thiciy millions, while Hungary‘at an, tocepeadent bin, dom would either be absorbed by Russia, or maintain its independence gonly by a inilitary organization, which would preclu@® x very great progress in the arts of pees. At all events, the Magyars would first be obliged to sud due the Croats and Sclavonians before they could estab lish the frontiers of an independent kingaom. Opposed to the Austrian programme, as far at least as ils execution involves a chang@ in the political and com. mercial organization of Germany, is not only Russia, bat ore especially Prussia. If Austria enters the Zollverein ot cniy with her an States, bat with Hunga-y, ranvylvania, Calicia, Bohemia, Moravia, the Buckowi na and the military frontier, it is clear that she, and not Prussia, bee e leading "power of — the V the more so, as the rod by the way of Aust key and Asta Minor would be an open road, wile that the way of Prussia leads to the hermetically closed fro tiers of Russia, which at this moment remain as much shut to Prussian subjects as beforo the breaking out of the war. But if Prussia loses the leadership of the Zoll- verein, she lores her prestige in Germany, and Prassia seems rather disposed to lose Cermany thin the pre- dominance in her councils. Thus it is that almost every proposition mace by Austria at the German Diet (D Bund), is opposed by Prussia, and thus it is, too, that Prussia, being by family ties connected with Russia Austrin has nothing to hope for in that quarter. ‘The politics of Austria, then, after what I have sald in this letter and some of my former ones, is one of neces ty, not of choice, It might be carried ou! with me force and energy, and, perhaps, with more {mmediate snecess; but it cannot be changed without disturbing “he programme of internal improvemests, without whi Austria cannot much longer exist asa furopean Po Austria must hecome German or cease to extat; but with Austria asa German Power, her councils in’ Geriaany must eventually prevail. Austria is thus foreed either to heceme annihilated or a great Power, The war in the Fast furnishes her with an opportunity to become oae or the other. You will now beable to judge whether there is any reasonable ground to suppose that Austria will join Rus- sin in a demonstration against the West further than may be necessary to induce negotiations of peace, ant whether, in case Austria is suifered to remain neu- he will quit the Principalities before she is made a party to the treaty of peace negotiate! be tween the Westera Powers and Russia, ‘The forms of government have but little to do with national sy npa- thies or repulsions (as weare just experiencing in tae United States), while most nations have a very excellen’ instinct of self-preservation, which inclines them to seek the promotion of their material interests, In that spe- cies of computation, Kossuth has not shown himsel master, and his party in Hungury does not seem swer his expectations. Exiles, were they as great and as true as the immortal Dante, are no very excellent judges ofthe country they have left and which they oaly see end know as it was when they were obliged to quit ic. ‘Their own feelings and sufferings are sekiom « measure for the feelings and wufferings of the great mass ot their compatriots left behiad them. Thave purposely said nothing of the [talian provinces of Austria, the sion of which will never add to her wer. Here Austria. meets a higher cultivation than er own, and a literature which was classical before that of Germany existed. The Venetian gondolier sings zas from Tasso, to which his ours beat time, while the Austrian soldier, who lords it over him, is comparatively a barbarian. If it be a Croat, a Sclavonian, or a Bole min, the chances are that vilized Italian looks uy on bis gaolers as an English prisoner would upon the body guard of the King of the Ashanteos. ‘The Austrian progrimme does not apply there, Milan can never be but a ng Italy ”’ the heel of Achilles The Emperor of the French 8 well as the Emperor of Austri Fd. n Neutrality tn the Eastern WareNe Contraband Ci 4 From the Paris Patrie of 18th Augast.] From the commencement of the Eastern war, public opinion in the United States has been strongly pro- nounced in favor of the rights of neutrals, and from one end of the Union to the other it has been insisted on that the axiom of ‘ the flag covers the cargo’ should be R or Austria, Knows that’ Amerte recognized as a truth. So far, nothing better; and al- though thi clamation was not alt ther disinterested and di by the exclusive love of justice, the govern ments tance and England have made no difficulty about acced ~¢ it, while reverving to themselves the right to guard against the enemy being enabled ro re- ceive through neutral commerce, provisions, arms, and munitions of war. Only, the Americans who speak so loudly about the rights of neutrals, ought certainly to take measures 0 that none of themeelven should forget. tho duties of neutrality. We do not speak Ot those, ofions sympathies “which certain pretended American de- mocerats have exhibited for the cause of the Czar ; the manifestation of sentiments does injury to none but their autho The allied fleets in the Baltic and Rack Sea, and the army besioging Se- bastopol, probably annoy themselves very little ns to what t+ thooght f the cause which they are defending Vy" cert visionaries of New York or But there is a sort of eympathy which is less to by treated with Jisdainett is that whie meek oy sending io the enemy arn ng of war, of which be iv much in need hich’ © cute ning against W , pers Ve ryurpath lon bave Jart been pre — scale. The following circumstance has transpired quite recently :— ‘A merchant of Antwerp, commissioned by an Amer house, sends to Warsaw 125 bales of cotton, At Aix-! Chay a superior custom-house officer, Mr. Werbrun, hay ing the presentiment of some fraud, causes one of the bales of cotton to be opened, and finds in it, caret packed up and dig twenty-four six-shooting re- volvers, twenty-four powder horns and nine copper bul- let moulds, Fach of the 125 bales of cotton contained a similar deposit. The shipper of this contraband cotton has been con- demned to a fine of 100,000 thalers—$76,000. We are assured, berides, that a few days previously, a similar cargo from the same house, and for the same destination had ssed undetected through At: Chapelle; the Russian custom-house, depending upon the loyalty of the shippers, had not subjected it to a special examination. We cannot help praising the vigilance of the . Custom House. Take fine imposed upon the authors of the fraud will have the effect, itis to be hoped, of ma- king them more circumspect in future. Let us hope, also, that the government of the United States and the local authorities of the American ports, warned by the discovery and publication of the fact, will take cace that such a think be not repeated. It concerns the ho- nor of the flag of ion; and if the Americans hold that the belligerents should not ayail themselves in their turn, of the right of search, which always made part of the maritime code in time of war, they must, through the absolute Joyalty observed in their ship- ments, see that the marine of the United states, like Csar's wife, cannot even be suspected. Fraudulent Insurance Companies. REPORT ON THE CONDITION OF THE NATIONAL EX- CHANGE INSURANCE CCMPAN’ To THE Epriors or tar E New York Comprror.ek’ William Barnes, Esq., was appointed, oa the 8th o! August, to investigate the affairs of the’ +N’ change Insurance Company”? of the city of 3 He havirg reported to me that the assets of said company are inguficent to justify its continuance in bustuess, deem it my duty to publish the report in accordance with the 2th section of chapter 466 of the Laws of 1853, and to place the same in the hands of the Attorne: for action thereon. You are requested to pu same, JAS. M. COOK, Comptrolle Hon, James M. Cook, Comptroller of the State oi New York :— T herewith submit for your consideration the evidence taken by me, in pursuance of your appointment, relating to the capital, securities and assets of the National Ex chenge Insurance Company of the city of New York, and the manner of conducting its business. ‘This company published the notice of their intention to form a corporation on the 20th day of Xeptember, 1851, On the 18th day of November, 1854, their charter was ap- proved by the Deputy Attorney General, and commission ers were appointed to examine their capital on the 20th day of Noveuber of the sume year. On the 1th day May, 1856, the board of commissioners reported their ca pital of $150,000, as paid in and possessed by the compa- ny, in cash, deposited in the American Exchange Bank in the city of New York; and the company commence't business of fire and inland navigation insurance as 2 j stock company, at No, 74 Wall street, and have isuod policies, the premiums on which amount to the sum ot about $10,000, Losses have been incurred amounting to the sum of $2,250, of which $1,900 are disputed by the company. It will be seen by the testimony of George &. Coe, Bsy., Cashicr of the American Exchange Bunk, that on the 19th day of May, 1855, the date of the report’of the Board of Counpissioners, the sum of $150,000 was deposited to the credit of the company in aid bank, and that on the same day the sum of $120,000, and on the 2 y sum of $30,000, was drawn out. of the company wi shedule 1 t company made an arrangement over in Wa 1 street, whore examination is hezewith transmi ted, which he agreed to lend them $150,000, to be a day or two, for the sum of $8,000 or ebecks, under this agreement, w American Exchange Pank, and the bank: cate, of which the following is a copy:— ‘Tae Awentean Excrane ‘onK, May 1855. The National Exchange Five Insurance Company have on deposite In this bank thts day, aad to their ‘our books one hundred and filly thousand dolla. fe ‘The sum of $120,000 was returned on the being Saturday, and the balance ot $30,000 wi n Monday, the 21st day of May. ‘The company, therefore, att 5 tion was nov possessed of @ dollar of capital, bat, on : Was indebted to the amount of $3,000 f the President and Secre- y of May, anil presented to ‘of Commissioners, stating that the whole amount of {he stock had bacn subscribed and paid for in cash, bona fi mie Was possessed by t company and on deposite in <aid bank, and that there was no intention or design to withdraw the same or any part ‘Lereof, except to be invested by the company in its corporate capacity, and that they knew nothing to jeo. pardize ihe capital or any part thereof in any manner. ‘The present capital of the company consists of the fol lowing items:— Six bonds and mortgages, executed by Wm. H. the company, on three blocks on Columbia strovt, iv lyn, each being about 440 feet longani : two of said lots fronting on Columbi Otsego streets, and bounded on the sides, onc ant and Percival streets, and the other by “igo and Pay streets, and the third lot feontingon Columb and Hicks streets, and bounded on the sides by I val and Hallock stieets...... Four bords and mortgages, executed 1, Andrcws to the company, on about six acres of wordlund, in the town of Flatbush, on the ‘Clove road, adjoining the corporation limits of Breeklyn One Lend a y Hebbard to Lowrey 1). Hart, on 36° lots in N York, between Seventh and Eighth avenues and Ninety-third and Nineiy-seventh siveets... - 20,090 One bord and mortg: xecnted by Robert Jones and Moses M. Jones to Seth H. Butle: 23 acres of land and w slate mine thereon, in town of Hoosick, Rensselacr county...... One bond and morigage, executed by Honore Jet to the company, on lots Nos, 123 and 125, at Greenpoint, town ef Bushwick, Kings county... 3,000 ‘Two mortgoges, executed by John K. Stimson and wife to the company, on four lots sear Third ave- nue, on Tifty-fitth and Fifty-sixth strects, York, bond executed by Francis ed by John K. t forty-three feet front, in th 5,090 ‘a executed by Fr Montgomery county, | ancis. H. Campbell. rete One bond and mortgage, exeonted by Henry Fierson to Wm, M. Thomas, ona house and lot foot front on Livingston street, Brooklyn. One bond and mortgage, exccuted by Joseph Tur- ner to Win. M. Thomas, on a lot 22 feet front on Third avenue, Brooklyn... One bond and mortgage, executed by Wm. Denly to feet front on Third Wm. M. ‘Thomas, on a lot 2 avenue, Brooklyn... One bend and. mortgage, ex to Wm. M. Thomas, o: Fleventh street, Brook One Lond and mortgage, executed b: but ts Winslow L, Whiting, on a on Carlton avenue, Brooklyn, One bend and mort ecuted by Daniel D. Ki ley to Winslow L. Whiting, on four lots fronting on Union and President streets, 50 feet fr Brooklyn .. teeeee od One bond and morgage, executed by Edson Osborn and wife to the company, on four lots 100 feet tront on Fifteenth street, Mrooklyn seseees One bond and mortgage, executed by Samuel Dore- mus to Edson Osborn, supposed to be on property in Brooklyn Cash on depos n 2% teet front lot 3 been paid by, or ‘ons on account of stock to be issued to them. and this money has been deposited to the credit of the company with John Thompson, banker, and that an caper had been made with Mr. Thompson to loan the money to the stockholders depositing tne same. {i such were the facts, it would be an obvious evasion 0” the law; but according to Mr. Thompson's testimon the transaction was simply a deposit by Mr. Whiting, of his check as President, drawn on blank, for $18,000 in the following form:— No. May 18, 1855, Thompson, or bearer, Order, Blabieen 00, WINSLOW L. WHITING, P. y 10 Somes thousand dollars, 2 Yor this check the company received a credit on the books of Mr. ‘Thompson for $18,000, and the check was held a offset to the credit on the booka, and Mr. on denied all indebtedness to the been a 1 therefore consider and report that this it*m of $16,000 is fictitious, and that the com) are not the owners of any sum of money on deposit with John Thompson. ‘The six William H. Clark mo for $62,200, are on lots covered with water, several feet in depth, near Bomp Jiee or Bompies Hook, Brooklyn. The water at low tide, extends a considerable distance north of these lots to: wards the city. Their location with respect to high water line can be found by reference to a city map of Brooklyn. The searches accompanying these morigare: are not satisfuctory evidence of title, or that there ure no prior liens or encumbrances on the premises. It ap- ars by the assessment roll of the Twelfth ward of the city of Brooklyn, sworn to on tho th day of August, 1865, by Ezra Baldwin and seventeen other assessors of that city, that the whole of the mortgaged premises are va Iued by a majority of the assessors, at the a te sum of unly $160, assessors swear that they “have es- timated the value of said real state at the sums which the majority of the assessors have decided (o be the fall and true value thereof, and at which they would apprise the same in payment of a just debt, due from a pid debtor.” ‘These premises from their Jocalion have a eon- tingent and epeculative value for commercial purposes, but in my opinion are not worth at the present time over the «um of $5,000, The tour mortgages executed by Ferdinand 1. Andrews cover about six acres of woodland, partly cui over, ou the “Clove” rood near the Penitentiary, and adjoining the division line of the city of Brooklyn’ and the town of Flatbush. Its surface is irregular and tineven, bat the premises command a very picturesue view of the sur- rounding country. Ihave not examined all the docu- ments connected with this title, but presume that the title is good and valid; the search for incumbrances is not atisfactory. I find that John Vanderbilt and others, sestors of the town of Fixtbush, for the year 1856. have estimated the value of one-half of the ‘mortgaged remives, assessed to Dr Vamderveer, at the «um 760, 1 'estimate their value at $500 per acne, maling abuot $3,000. ‘The mortgage executed by Thomas S. Hubbard fi $20,000 covers thirty-six lots near the corner of Nige' Feventh strect and Seventh avenue, New York, 29 the site of the propoxed park. The value of these premises at The present tithe Testimave at $200 per Jot, making the aggregate about half the amount for whieh the mortgage . Thomas 5. Hubbard the mortgagor claims lote from Oliver Waliron, who it fs allege posseceicn of the premises about eighty erraiped fp possession uptil 181, when oF he conveyed the same to his son-in-law, Edward Byrne, through which, by serecal conveyances, the mortgagor ettempts to trace title. The tract exhibited does not show that the title of Waldron ever became vested in the mortgager, or that itis clear of prior liens. The lots are now occupied by several Irish and German fawi- lies. living in rhanties, some of whom state that they have rented the premises of divers persons, ani othe:s claim ownership themselves. The mori premises area portion ef the lands granted to the ‘‘fvechollers andinbabitants of Harlem, alias Lancaster, upon the island of Manhattan,” and ‘their successors, by a- patent from Richard Nicolls, in May, 1€60, and confirmed by a new patent from Governor Dongan in 1686, und are knownas the “Harlem Commons.” By chap. 115 of the laws of 1820, (the preamble reciting that the freeholders of Harlem were entitled by the said patents to cortain common lands which were then lying waste and unpro- ductive, aud Hable to be sold under assessments for open- ing the avenues of New York,) Hacobus Dyckman and others were appointed trustees for the freeholders and inhabitants of Harlem, and declared to be acized in fee simple of said common lands, with power to commence suits for obtaining possession of said lands and to sell the same at — pri- vaie sale. The legal rights of any person then in possee- sion of said common lands were not to be impaired or de- the stroyed by the act. On the JOth day of April, 182 said trustees conveyed the said Har‘em Commons, hundred and ninety acres of the same, to Dadley » of New York, excepting a piece in the occupation of Samuel and Oliver Waldron, but which does not appeir to be the mortgaged premises, I find that Jacobus Dyck- man and others, trustees, &c., for the freeholiers of Hur- lem, about the year 1825 commenced an action of eject- ment against Oliver Waldron for premises claimed by him orrthe Harlem Commons, and that Waldron, in con- sideration of $175, on the 18th day of August, 1925, con- veyed {o the said trustees all his right, title and inierest to all and every piece or parcel of land situated within the limits of Harlem Commons. It would seem, theve- fore, that Waldron, and not Byrne or his assigas, was in possession at this period. It appears by various dee is op record in the Register’s oflice at New York, that Dui- ley Selden has conveyed the mortgaged premises to sev. ral individuals, Under all these circumstances, | am the opinion that Thomas 8. Hubbard, the mortgago no valid title to the premises mortgaged by him to rey D. Hart. did not visit the land in the town of Hoos ered by the Jones ed but! presume that alae thereof is not over $1,500. Mrs. Tampa Milliman is the source of title, and the consideration of her conveyance to the mortgagors is $920. The abstract of title accom panying the mortgage states that the premises were as- signed to Tampa ‘Milliman in partition suit, by which the estate of Thomas Milliman, her deceased husband, was divided among his heirs. On examination of the: proceedings, it appears that the twenty-three acres en raced in this mort; ‘was not assigned to Tampa Mill man, but were allotted to one of the sons, and also th. Mrs. Milliman’s interest in the property was merely a dewer right which was assigned to her out of other lands. The premises are also leased lands, sub toan ‘v= annual rent, and are encumbered by two judgments, amounting to about $1,800. The balance of the mortgages, amounting to the sum of $13,084, T did not deem it necessary to examine in de- ‘al ‘The Pierson mortgage is on property encumbered rior mortgage of $000; but. the house and lot are more than both encumbrances. Schedule C, hereto annexed, contains @ list of all the mortgages ever held, or claimed to be held, by the compuny as capital. ‘By schedule B you will notice that on the 21st day of June, ult., these mortgages were re- ceived by the company conditionally. A portion of th securities consisted of $50,000, Isaac G. Hatfletd’s mi ges, of whose title a history is given in my report in the case of the Webster Fire Insurance Company. It appears that only $30,850 of the stock of the company has been issved, and the persons making or assigning the mortgeges have therefore been paid only a part of the consideration of their transfers to the company, and might be regarded us still the equitable owners of a lange portion of the securities exbibiied by the company as constituting 1ts capital. Schedule A, hereto annexed, contains a list of the mortgages now claimed by the company as part of i capital, with a particular Cescription of the premise Schedule D is an extract from the hook , to which Teall your attention, Schedalo E is f the original list of subscribers to the stock of thecompany. Schedule Fis a list of the receipt: and disburcements of the company. Schedule Gis @ list of the stockholders of the company. Schedule I contains copies of several abstracts of title, affidavits of value, and other papers relating to the mortgages above-men tioned. The following of the company Nominal capital a summary statement of the condition $150,000 60 Provitly ‘The twelve small bonds and mortgazes... The six Wm. H, Clark mortgages, esti ‘the five Ferdinand L. Andrews mortgages, es timated at Cash on hand . Freeman's noie...... Palance due on Wm. ©. Lyon's not Balance due from brokers. Total. B Six Win. H. Clark mortgages and 1. Andrews Two losses disputed by the company. $1,900 00 Rent and salaries, estimated at... 1,000 00 Unearned premiums, estimaied al.. $9,900 00 129,000 Stockholders... sss seeeerees 00 Total...... * wees Wm. H. Clark, Ferdinand Andrews and Thos. 8. Hab- bard are liable to fhe company on tie bonds accompany- ing their mortgages, if the company issue «tock to them for the fall ainount. The undersigne:l hereby reports that the assets of the tional Exchange Insurance Company are insufficient justify its emtinuance in business in the city of New York, and that, in his opinion, the public interests re- quire the immediate dissolution of said corporation. WILLIAM BARNES, Commissioner, &2. Atnany, Sept. 11, 1856, Mason and Dixon’s Line. TO THE EDITOR OF THE HERALD. Although reference is constantly had to this line, (here are, perhaps, but few persons, comparatively, acquainted with its locality, and less with its history and ultima’ adjustment. I shall endeavor to give the readers of the Jirnatp an insight into both these matters. In the specification of limits between the colonies of Pennsylvania and Maryland, there was certainly plausi- ble ground for contention, and the rival claims of the proprietaies formed a fruitful source of discontent to themselves aud annoyance to the colonists. Whatever might have been the merits of the case on either side, a long, vexatious, and bitter contest arose frem the firat attempt to act upon the charter of Pennsylvania. After many ineffectual attempts to adjust the eommon limits between the colonies, the matters in dispute were re- ferred to the Lords of the Committee of Trade and Plan- ‘ations; these, after hearing both parties, made their )eport to King James II, who, in November, 1685, by an order of Council, determined the affair by ordering » ivision of the disputed territory. By the terms of this order, the tract lying between tlie river and bay of Dela. ware, ané a line from the latitude of Cape Henlopen to the fortieth degree of north latitude, was adjudged to be- long to his Majesty, King James II, and the remainder of the disputed territory, (now a part of the eastern shore of Maryland,) Was assigne| to Lord Baltimore. The order of | Council was not acted upon. In the meantime fresh eauses of contention arose, which served to complicate matters still more, One of the original disputes was respecting the fortiet! gree of north latitude, land contending that th ession in its charter, ‘to the fortieth degree, meant forty degrees complete”—tho Assembly and proprietaries of Pennsylvania, on their part, insisting that in the char- ter of Pennsylvania, the expression ‘to begin at the be- ginning of the fortieth degree of north latitude ought to construed to be where the thirty-ninth degree was completed.” This dixpute involved a tract of country nearly 6,000 square miles in extent; and had it been assigned to Lord Paltimore, the supertices of Pennsylvania would have been reduced nearly one-fourth. Thus matters went on until 1752, when in August of that year a compromise was effected and commissioners appointed to ‘determine, survey and mark the respec- live boundaries in controversy."”" The duty assigned to these commissioners was to trace the following lines:— “Beginning at Cupe Henlopen, and thence due west to the western side of the peninsula, which lies upon Chesa- peske bay, and as far westward as the exact middle of that part of the peninsula where the said line ix run,” thence north to the extrcme wont part of « clrele, twelve miles radius, Newcastle on the Delaware being the cen- tre. From the tangent thus obtained « line due nord to the parallel 15 statute miles south of Philadelphia, and thence by the extension of this parallel to the west- ern boundary of Pennsylvania, ‘The commissioners met, but differing on some im portant points, separated without effecting anything. fliculties created delays, whilst the inhabitants who had settled near the places where the lines were «uj ito run, were, in the meantime, subjected to vexatious de- mands from both colonies; the ordinary process of Justice was interrupted, and the tenure of ‘property rendered insecure. In 1785 the Penn family, desirous of closing the contro- versy on the terms of the compromise of 17:2, instituted fa suit in the Chancery of Great Britain. | In 1750. the Lord Chancellor, Hardwick, desired that ‘ the articles of May 10, 1782, should be carried into execution, and that proper commissioners should be appointed for that pur .’ These commissioners also met, pursuant to ap- pointment, November 15, 1750, but disagreed respecting the mode of extending the are of « circle around New- castle: and, like their predecessors, separated without ; air Fioally, in 1703, respective proprietaries agreed to exiploy Charles neon {sah Dixon, two eminent mat! etuatictans, who forthwith prooseied to the aeconplishment of their fark of «urveying and marking the boundaries between Pennsylvania, Maryland and Delaware: and thus closed « troubleseme col pain of eighty years. ‘Aithough Maron and Nigon deterinined the boundaries ates Just mentioned, it i; only dist portion con forty miles west of the Susquehanna river, and not to the western Dounda:y of Penusyvania, as sonie tmagine—the projongation of tbat boundary beyon’ the western term! ne 0! My 4 Dison uently Line, having been (race un TANNEP efficient attempte | The Prohibitory Law. JUSTICE STUART'S DECISION IN THE CASE OF JAMES WALLACE. COURT OF SPECIAL SESSIONS, ‘The People ve. Jasnes Wailace,—The accused is before this Court upoo a complaint preferred at the Second Dis- triet Police, charging bim with having sold half a gill of rye whiskey, in violution of the ‘Act for the preveniion o} Intemperance, Pauperi-m and Crime.” The case wast returned to the Special Seasions, in pursuance of the fol- lowing section of the “Act to eniarge the jurisdiction of the Courts of General and Special Sessions’ of the Peace, in and for the city and county of New York,” cused not having eleeted to be tried by the Court of Gi ral Sessions, at the time fixed for him to do soz— ‘The Court ot General Sessions of the Pease in and {oy city and county of New York shall have power to nine and punish, according to law, all cs she id unless the accused, When arrested sgh committing magistrate, shall elect 10 have bis case heard and determined by the Court of General Sessious of the Peace in and for the city and county of New York; and it is hereby made the duty of such magistrate, upon such avrost, to inform the said accused of the provisions of this section. hen the case was cailed for trial the detendant ap- peared with counsel, Mesars. Tomlinson and Ta} cemanded to be tried bya jury of twelve men. V statute just read gives (with the exception: the Court of Special Sessions of the Peace, risdiction of all inisdemeanors—and 2 the provisions of the Prohibitory Act, i hat act de- claved to be se—it confers no power to em pannel @ jury; " this and as there never has been any trials by joy Court, and clearly cannot be, it is obvicwsly ‘mpossible that the accused can be tried at this bar in the mannec he demands. In view of these facts, | am to exercise the discretion conferred by the Act of April 12, and send he complaint to the Court of General es: and this s required, first, for the reason that Wallace ini-took his rights and the effect of his election when baiure the po- hice justi’ e; and second, and mostly, upon the g/ound (bat, being charged with « criminal offence, he ha? a cons'itn? tional right to be tried by a common Jaw jary of the country—such as the General Sessions and ¢ and Ter- miner only have the right to empannel; and farther, that he can avail bimself of thut right at any tine~even up to the moment the first witness for the peo, !¢ i: sworn, any act ofthe Legi-lature to the contrary,notwithstanting. Mr. Capron, of counse! for the prosecu ion, denied my pow- er to send the case into the General Sessions, and disputed the right of the defendant to u jury, he ha ied under the law in the case provided to secure that rig: in the man- ner prescribed. These questions having bern argued at length by counsel on the one side and the o: fl bei both before anc now without any doubts in the matter, will determine them in as brief a manner as po: sible:—Hns the accused, being charged with the perpetration of a misdemeanor, a constitutional right 10 ve tried by iw jwry—even although the Legislature has otherwise de- clared—except upon certain conditions, wisn the de- fendant failed to observe, and which, thece/ore, do not now avail him? Art, 1, sec. 2 of the cons'itution of this State provides that “The right of triai by jury in all cases in which it bus heretotore been used shail remain inviolate forever.” The simple and only ,uestion then is :—In what cases has it heretofore been has ever been used in all cases ot felony i. cevt equally true in respect to misdemeanors’ Has rinciple and by force of law and usage, ever bee garded ue the settled pouicy of the State in the tration of its criminal justice, that misdemean.rs as well as felonies should be subjects of trial by jurie-—nll prac- tice by specia: or local courts to the contrary being ex- ceptions to the rule? By reference from ou. present to the next preceding constitution (1821) it wil! be found that section 24 of articlo 7th is the same as the section L have read from the present organic laws of the Stute. The act, however, entitled “Of the rights o! the citizens and inhabitants of thinState,” known as the “Bill off Rights)” passed in 18.7. declaratory of i mental principles of liberty anc federal and State constitutional } a compilation from these and lagous act of the Legislature in 1 ing the rights of the citizens of this <t not only # provision the same as o. receding constitutions, but still another section, touch - ing the right of trial by jury, which is in the following language: ‘In all criminal Prosecutions the accused had a right to a speedy and publie trial by anim (rec, 14.) ‘The argument that this bill ef r act of the Legislature, and may be aflecte! by ony subse- quent act, is admitted, bui answered by the iact that in| its import, essence and spirit, itis infinitely move impor- tant, saeréd and enduring, than any other act, being the| solemn recognition by the islature of these great truths and principles that are the foundation « only, but which underlie the framework of Fe ment. Passing to the first constitution of the “tate, (17i7,) we find the forty-first section to be ia these words—“And this convention doth farther ordain, & that trial by jury in all eases ia whieh ft has here?ofor been used in this colony of New York shall remain invio. late forever.” By reterenee to colonial legislation upon the subject, it will be found that in 1744 on act wa: passed entitled “An Act for the speedy punishing an: releasing such persons from imprisonment a+ shall com mit any criminal offence in the city and county of Ne: York, under the decree of grand larceny."? T's act au: thorized the trial of petty offenders when in prison, b the Mayor, Recorder and Aldermen, and may, the ‘qualifcation, perhaps, that a’ measire of th same powers were conferred in the “Dy by authority of James Il, in the ye regarded as the organization of the ot Special Sessions in this city. It and has ever since been confinu cessity to give speedy trials and a © jail e: liv to the great number of petty offenders ‘Whoo detenti for indictment, and the slower mode of ‘ial by jury, would so crowd the prisons as that many would ne to he discharged without any trial whatever. [t is he to be remarked that this Act—and let it be observed, too, that alt subsequent Acts for the tial of petty offenders without Juiy—was, and have always beea, f the trial of those who were found in prison, unwil ling or unable to give bail, and not ir the pett, offenders who were out of prison on bail, sub; tried as time and circumstances would permit—sithe in the Special Sessions if it was their ch otherwise, or in General Sessions, ac course of the common law, where they ¢ pelled to appear and answer. Never, beiore the ac ot April last, hus the Legislature made it obligatory, w der any circumstances, for persons upon bail to be trie: without a Jury at the’ Court of Special Sesstons, and i is now required while the recognizanee into which the enter is for thelr sppearance at, the General Zessiv to answer any indictment that may be preter against them in that Court. Wallace gave bail be} fore the Police Justice, in the ), that hi would appear and answer to any indictment 1 i charge at the Court of General Sessions of the as indeed there is no law authorizing the committin| magistrate to let to bail for appearance to answer i any other Court. How, if he refuses, can the accuse be forced to answer at the Special ~essions? Th question, more especially chal by the defence, i4 whether from any eaure—in prison or upon bail: an accused party can be tried bya single Judge, notwi standing he, at the time he ix red to go upon hi trial, protests against the exercise of such authority, an demands that bis guilt or innocence shall jury: Ido not Usk be can, but may atany to be tried by a jury. and if refused and is tried by th Court against bis wilt, he can appeal from a judgment ¢ guilty to the General Sessions, Not only is this the la of the land upon prineiple and constitutional right, bu 80 jealous has the Legislature been of its administratio in this city that they have secured it by statute. Seq tions 28th and 26th ofarticle 2, title dd, part 4th, secou vol. Revised Statutes provides, in treating “of Ge Special Sessions in she city and county of York, that “ony person tried and sentenced according to th provisions of this article, without having demanded suc trial, may appeal from’ such sentence to the Court « General Sessions in the city and county of New York; and further, that “such appeal must be madeat the tim! the sentence is i ; and rp ry sach convir tion shall be void.”” I know very well that Courts of Spr cial Sesstons in counties of this State, other than th elty and county o nel juries of six of twelve persons; not'a common law or constitutional jury; and a citize accused of crime, whether in this or any other county i the State, is mo more Lound to be tried by a jury of an number less than twelve, than he is by three justices the peace or a single judge; he may refuse all, bi can, at his will, be tried ‘by either. In a recer opinion of Judge Parker, at Albany, in the case ennedy, he, in the consideration of this subject, us: the following language:—It is declared by the Con-titr tion of this state, (art. 1, see 2.) ‘* The trial by jury, all@ses which it has been heretofore used, shell’ reina inviolate for ever.” ‘The obvious meaning of the ex; jon ‘heretofore used’? is, * use at time w adoption of the Constitution."” What is meant by tI expression, “trial by jury: Does it mean 2 comm law jury of twelve men, oF n jury of stx men, as provid: in a trial at Special Sessions think there can be + doubt on this point. If the Legislature imey reduce jury in number to six, they have the same right to | duce the number to one, and thus make a jury of one compliance with the requirement of the Constitution. ( this subject the Court o appeals have recently express an opinion, In Cruger vs. The Hudson River Railro Company, (2 Kernan R., 198) Johnson J., says: * Th term (a jury) when spoken of in connection with trial | jury, in the second section of the name article, imports La Weedbe sc tadnas whose verdict isto be unanimov Such must be its acceptation to every one acquaint: with the history of the common law, and aware of t high estimation in which that institution, so constitute has for «o long a period been held.” | (ee also 4 Engli« 446-7; State ve. Cox; 6 Smedes and Marshall, 64; ‘Wheaton R., 242-3-4; 10 Wenreli, 457 Com., 13). ¥f, then, this dal Se sions ig without jurisdiction for the trial of Wallace, veason of an inability to afford him such a jury as t constitution awards for the trial of all criminal offence and hence the fifth section of the act of 1 for ioe oe cy of ena beige and in pr suance complaint was brought into th Court, and by which the Pollce Justice became s of the power conferred by the fourth section of the pr bibitory act, to hold a rt of Sessions for t trial of all Tlotations «ofits provisions, in, for pragtiea nirposes, to this ex inoperative—where «hail t ee go to be heard and determined, without encount: ing danger or doubt in respect to the legality of trial Tam right as to what ix necessary to cons'itute a cons tutional jury (twelve men), w! Wallace deman and to hg Og is cg he Yearly cannot tri # single judge, nor yet e ial Seen ronal by the act for ‘the suppceasion of Intemperan. yaaperism and crime; as those courts are to be consti ted, and to proceed the same in all respects as Courts cial Sessions for the trial of other misdemean: throughont the State, which of course would limit ti juries in like manner to six persons. Where, then, sh ‘this complaint be triedr Clearly ta the Court of Gene Sessions of the Peace. In addition to the reasons asl, ed for the direction this case must take, is the feet tl ifthe accused is convicted of selling the quantity liquor stated in the complaint, the law against whigi: | is an offence aleo declares that in the conviction » benide the penalty of fine or imprisonment, all his ot! liquor becomes forfeited, and ix to be destroyed. seems to me, in view of both the law and the faci. t] the acoused ought not to be deprived of a trial by a j of the country. This case will therefore be taken {r the Special to the Genera) Sessions of the Pease for t ty a fury of twelve wen. Ap order will. he entered cordingly