The New York Herald Newspaper, February 18, 1856, Page 4

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Qorten H.W. 0 orgs OF NASBAU AXD FULTON STE AMUSEMENTS THIS EVENING. —Heexe tHe HUNTER, BROADWAY THFATRE Sroadwe’ en man feos Frsxp axp rue Demon Hosse. WEBLO’? GARDEN. Sroadway Bir Kine, on Wears ame Povenry - Foun Lovens. THEATRES. Bowerv- Fewace Foxry Tmsves— ONAE marin over bees eon BURTON'S THEATERS, Chambers street-Tar Wrvren’s ‘Pau, JURA MESNE'S VARIMTIRS, Broadway—Tex srnrovs eee Suvament oF Panis. WALLACK’S THEATRE, sroadway- Jonx Buit—P?o-ca- ‘BOn-rAs. BROADWAY VARIRTIES, 472 Broadway—¥asap Query Ov mus Woon & Mansu Onipnex. “ 9 WOOD'S MINSTRSLS, 414 Broadway— Peumances—Harry Man, on TREATY WiTa BURLESQUE OPERA HOURS, 539 Broad wee nono Mintramian’ Luchezia Bowen BALL, 663 Broadway —Paxonaano Purves amp Jarax. Ermorian Taran. Pu- w Bew York, Monday, Sebraary 15, 1856. ° The News. ‘The steamship Canada, from Liverpool, arrived St Halifax yesterday afternoon. Her advices are a ‘week later than those previously received. In a @emmercial point of view the news is important. ‘@onsuls had slightly declined, closing on Friday, lst Anot., at 90} 2 903. Cotton had advanced one-eighth ef a penny, but the market was unsteady. The sales fer the week reached 85,000 bales. Flour had de- lined 1s. a ls. 6d., wheat 3s.a 3s. 6d. and corn ls. 3s. Provisions were genetally dull and lower. ‘Whe preliminaries of the peace negotiations were @eing on famousiy. It was reported that the pleni- petentiaries would meet in Paris on the 17th inst.— yesterday—and that the whole matter would be hwought to a conclusion by the 25th. It was thought am armistice would be declared forthwith. The @ueen’s speech on the opening of Parliament did Bet touch upon American affairs. It is reported, however, that at an interview which Lord Claren- @onand Mr. Buchanan had together angry words passed between them on the Central American question. From the Crimea we learn that Prince Gortechakoff had retired, General Luders assuming e@emmand of the Russian forces. There are no tidings of the Pacific. We donot, however, entertain apprehensions for her safety, and will briefly give the reasons for the faith that ig in us, based upon the supposition that an accident happened to her machinery when she was, perhaps, five or six days out. The Pacific left Liverpool on ‘the 23d of January, and was seen on the following day off Waterford, on the Irish coast, since which time up to the departure of the Canada nothing has been heard ofher. But nine days, it will be ob- werved, elapsed between the sailing of the two ves- gels. If, therefore, the Pacific’s machinery gave way —as was the case with the Atlantic in December 1851, even on her third day out, she could not have made an English or an Irish harbor in time for the news ef her safety to have reached Liverpool on the @ay the Canada left. The Atlantic, which sailed from Liverpool on the 6th instant, and is now due at this port, may possibly bring intel- ligence of her; but there is no cause for serious alarm even if we do not hear of her till the arri- wal of the succeeding steamer. We have alluded to the accident to the Atlantic on her Western passage four years ago. That event is no doubt fresh in the recollection of our readers ; at least no resident of this metropolis will ever forget the spontaneous out- barst of joy from our entire population which greeted the arrival of the Africa, on the evening of Saturday, Feb. 15, 1952, with the news that the At- Jantic had anchored in safety in the harbor of Cork. The incidents of that memorable voyage we recapitulate below, as they serve to strength- en the theory we have advanced with reterence to the missing steamer Pacific. The At lantic sailed from Liverpool on the 25th of De- ember, 1851, and on the 6th of January, im Jatitude 46 12, longitude 41, during a heavy gale, broke her shaft. [She was hove to under storm canvass, and was obliged to lie to during the ‘two following days, on account of the violence of the storm. On the ‘th the wind changed, and she was headed for Halifax, distant 897 mires. At noon of the 10th the wind sprung up from the southwest, when she hove to once more, and on the 11th turned back and tailed towards the coast of Kurope, and anchored at Cork on the 22d. She encountered heavy gales and high seas on her return back to the English coast, a distance of some 1,400 miles. The Africa brought the news of her safety to New York (with the Atlantic’s passengers.) Feb. 15, 1852, so that the vessel was missing (so far as was known in the United States) forty-nine days. If the Pacific is at sea to-day she has been out ouly twenty-six days. Our telegraphic summary of the European news is necessarily very brief, owing to the prevalence of asevere snow storm at the eastward yesterday af- Yernoon and last evening. The snow had fallen to such a depth that it was deemed advisable to detain the mails at Boston until the railroad tracks could be cleared. We understand that for the same cause the mails at the New York office wore not des- patched eastward last night. From Mexico we eresting news, the e very @etails of which are given in another column. It is said that the terms which Haro y Tamariz ac la show that he had not position in the country Comonfort was, on ceded to the people of Pu the real power to make a from his temporary success. the 25th ult., a Mexico nearly three brigades, a thought that ‘The official deci rusts the disposition of Santa Anna’s property to the judgment of the Bapreme Court we have had fally translated and algo published, with the execntive accusation urged against himself and his offic for the alienation of the pnt acts of cruelty and oppression. An important decision has rece by the Court of Appeals in the e tonsu Jaer against a farmer named § The plaintiff brought an action to recover this farm for the non- payment of rent, under the law to aboli re for rent, and judgments were rendered in his favor Supreme Courts, Those judg- ments were affirmed by the Court of als, and it is supposed that Mr. Van Renseelacs proceed to collect the back + “according to law.” The importance of this decision consists in the fact that it will, in all probability, lead to a re-opening of the anti-rent controversy, with its Indians tarring and feathering Sheriff's officers, its Big Thunder and its Little Thunder, and perhaps a renewal of the war upon the poultry of the Hielderberg hills. Look out for an anti-rent convention in Albany about these days. We give in another colemn a copy of an act incor- a Transatlantic Telegraph Company. It is an important bill, and should be carefully read by the public. The company proposed to be established seems to be independent of what is known as the Newfoundland Company, and indicates that we are likely to have two transatlantic telegraph lines. It ‘s to be hoped that they will not interfere with each ether; the Atlantic is long enough, and wide enough, and deep enough for a large number of wires, and the more there are the cheaper will be the tolls on wessages, No act ehould, therefore, headopted tha atly been rendered Van Rensse- NEW YORK HERALD, MONDAY, FEBRUARY 18, 1856. will give one company rights and privileges over the Cuber. ees train on the Hudson river railroad, due in this city at 10} o'clock Saturday night, did not reach here till five o'clock Sunday morning. The delay was occasioned by the breaking of the axle of the locomotive, about four miles west, of Tivoli. The train nerrowly escaped being thrown from the track. The value of foreign goods imported at the port of Boston during the week ending 16th inst. amounted to $715,318, Cotton continued firm on Saturday, with sales of about 4,000 a 5,000 bales, chiefly in transita. Flour was unchanged, so far as common grades of State and Wes‘ern were concerned. Southern was in good demand, and rather firmer for the better qua- lities. Whest was steady for good milling lots, but sales were limited A small parcel of Tennessee red sold at $1 90. Corn was inactlve; a sale of Tennes- see mixed, nearly white, was made at 80c. Rye was at $1 27, delivered, and $1 25, from depot. Pork sold pretty freely at $15 87 }for mesa. Sugars were in rather better demand, with fair sales at full prices. Coffee was quite firm, with sales of about 1,200 bags of Rio, at 1ljc.a12c. Freights were firmer, with more doing for Liverpool. To London ines wets tp better, and tierce beef was taken at 8. 6d. 0 Opening of the Presidential Campaign— Conentes, Conventions, Cabals, Intrigues and Poilticians, The National Council of Know Nothings will assemble to-day at Philadelphia. This will be the first meeting after the proceedings in Congress where the members of the Order proved their ability utterly to disagree, but eshibited no signs of being able to stand upon a basis broader than that occupied by the abolitionists themselves. It will now be de- volved upon the Council to determine whether their party shall hold a national convention at Philadelphia, on the 22d instant, to nomi- pate candidates for President and Vice-Presi- dent of the United States. It must be con- fessed, in view of the radical divisions of the Order, as exhibited In Congress on the vote for Speaker, that there is a necessity for national deliberations; and this necessity is at once so urgent and so immediate as to leave no room to question the propriety of the meeting de- signated for the 22d instant, as a fair discus- sion will exhibit the utter futility of all con- ventions of the kind, their fraudulent tenden- cies and demoralizing effects. The republicans (negro worshippers) hold their convention at Pittsburg on the same day. They, too, facitiously call it a national coaven- tion, though it is based apon schemes avowed- ly sectional, excluding fifteen States of the Usionfrom the body, and representing only a miserable, trouvlesome minority of the balance. The democrecy meet in national convention on the 2d of June. In view of these prelimi- pary manceuvres it is well to recur to the con- vention aud caucus systems. On the 23d of February, 1808, under the call of the Hon. Stephen R. Bradley, a democratic Senator of the United States from Vermont, a cancus, composed of the republican members of both Houses of Congress, was held in the city of Washington, for the purpose of nomizating candidates for President and Vice President. This was the initiation of what is now deno- minated the convention system. Mr. Bradley assumed to act by virtue and “in pursuance of powers vested in” him. There were ninety- four members present—Mr. Madison receiving ihe nomination over Mr. Monroe, his principal competitor. It was the peculiar friends of the former who conceived the idea of thus present- ing him as the choice of the party. Mr. Mon- ree’s friends regarded the movement as alto- gether anti-republican in character, and calcu- lated to subvert and to prostitute the true pub- lic opinion of the country. They were outsiders at the time, and great efforts were made to induce Mr. Monroe to denounce the caucus; but it had been bitterly assailed by the sur- viving elements of federalism, and his denun- ciation would lead him into their ranks, and compel him to share the odium which attached to their political ideas. Mr. Monroe had, there- fore, no alternative but to submit, and to fall into the ranks of the democracy, which had thus established an intermediate estate between the constitution and the people. It was, therefore, unfortunate that, in the initiation of the caucus system in this coun- try, the only solid means of resistance to its usurpations was in the hands of aspirants for the Presidency. It gave to Congress, in fact, and not to the people, the power of sclecting the President. It aggregated into a great cen- tral, irresponsible and self-constituted tribunal, all the local machinery under which mombers of Congress had been elected; and transferred from the people the actual power of selecting their highest officer in the federal administra. tion. It was natural enough that it should be 80; but it is inconceivable how such a system bas been perpetuated in the face of the fruits it has borne to thecountry. The next Congressianal caucus was held in 1812. Of one hundred and thirty-three demo. cratic members, eighty-two attended this meet- ing. In this body Virginia had as many dele- gates as New York, Connecticut, Massachu- setts, Rhode island, New Hampshire and Ver- mont, DeWitt Clinton suffered his name to appear before this caucus as a candidate against Mr. Madison; and such was the tyranny of the men composing it that Mr. Clinton was utterly proscribed as a demowa- tic politician, because he eubmitted bis name to the considcration of what was classed as a deliberative body. Perbaps in the whole history of conventions there is to be found no instance to compare at all with the proscription of Mr. Clinton for thus dering to thwart—not exactly that, but to interfere at all—with the edict which had gone forth from the leading politicians of the coua- try re-nominating Mr. Madison. The caucus itself is thus proven to have been a mere forn | having no executive powers, and entitled by the structure of political affairs at the time to no earthly discretion in reference to its nom- inces. Mc '\snroe was a Virginian, and it wag then a. .¢ has been ever since, that the Old Do- minion contrived to preserve the moral encr- ergies of her leading men into a compact union. Here Mr. Monroe declined to be a can- Gidate in opposition to Mr. Madison, not be- cause he approved the principles upon which the latter was nominated, but because he was afraid to meet the penalties to result from of- fending the caucus by which he, Mr. M., was placed in nomination—precisely those penal ties that were visited eo mercilessly upon De. Witt Clinton. Tn 1816 another Congressional cancns was held. The republicans, or democrats, had ong bundred and forty-one members, one hundred and eighteen of whom united in the meeting. At this convention what had previously been enacted in the case of Mr. Madison’s nomina- tion and Mr. Monroe’s disaffection waa re enacted in the person of # new aspirant for the Presidency, then a young but very popular and Ferry Beats and Ferry Privileges. very promising man. Mr. Olay offered a reso-| The recent exposure of the reckless and Tution not to make any nomination. If was the purpose of Mr. Clay to break up the caucus system and secure the selection of unpledged Presidential electors by each State; but the caucus decided to make a nomination, and Mr. Monroe was the nominee over Mr. Crawford, who received sixteen out of nineteen votes of the State of New York, while Pennsylvania voted thirteen for Mr. Monroe to five for Mr. Crawford. Thus, having first secured Mr. Madison by bonds of personal interest, and subsequently Mr. Monroe by a like tevure, the power of the caucusiwas regarded as safe, and ite inaugura- tion as a permanent element in American poli- tice secured. It was a new institution, em- bracing a) the active politicians, who, besides the advantage of a vast reduction of numbers in fixing the precedence and promotion of in- dividuals, thus secured the absolute control of executive sppointmente, It is easy to see that the politicians became the actual constituents of the Executive. They nominated him, and he was indebted to them for his position. Strictly speaking, the President was bound to regard them as the rightful controllers of the patronage of his administration, From this point of view we are enabled to see the origin of Congressional interference with and control of the public offices and of their absorption, toa great extent, by mem- bers of the two houses. The election of Mr. Monrce produced a peculiar calm in all our political waters. The war had just termi- nated, a new impetus had been given to every branch of industry, men readily found employ- ment, and for eight years of his administra- tion there was little active political effort in the country. Meanwhile, the Congressional caucus had been bitterly aseailed, and had fall- en into general disrepute. But it was not easy to eradicate an evil which had borne such fruits to the thousand politicians of the coun- try; 0 in the place of the Congressional cau- cus, State and national conventions were sub- stituted in 1824, and delegates chosen to the latter, purporting to derive their authority di- rect from the people. It ia menifest, if we consult the history of this new phase of political management, that it was simply jumping from the frying pan in- to the fire. The conventions, as organized, were no improvement upon the old caucus sys- tem. It was only making delegates by the au- thority that intrigued members of Congress intoa nomination, instead of conferring the power directly upon the members of both houses. It is thus seen to be, in fact, even more remote from the people, and without se- curing anything like the responsibility and character that attached to the old system. There was undoubtedly a certain degree of re- spectability and credit in a meeting of the re- presentatives of the people—certainly more than in a promiscuous assemblage of delegates selected by State conventions. In either case it operates as a substantial assumption to con- trol the people in the election of their highest officers. Asan example of this, we may refer to the nomination of Franklin Pierce, who was little known to the country, and who was made President wholly by the machiuery of party. It is thus seen that all the prominent fac- tions have adopted the convention system as a medium for selecting their candidates for Pre- sident and Vice President. It would be a cu- rious work to trace out the demoralization of American politics from 1808 to the present day, and find that the machinery of conven- tions was the chief cause of the decline of our political morality; and yet it is doabtless so. One of its most obvious effects is seon in club- bing together all over tho country a corps of leading politicians, who undertake to carry up public opinion from town to county, from coun- ty to State, and from State to national conven- tions. It is the most perfectly drilled body of men in the Union, and although there are mapvy who are deceived and cheated, the re- warés are definitely assigned according to the service performed. So perfect was this work arranged by Mr. Van Buren, and so accurate were all the details fixed, that it was said Mr. Flagg, the present City Comptroller, coula give you the name of every man who would vote the democratic ticket in each town and school district of the State, and point out the rewards to he distributed, and the recipients, in case of success in the elections, Such have been the failures, the short comings, the frauds, the debasement of all classes, growing out of past caucuses and conventions, and such the disgust of the public at their fruits, as to leave but little room to doubt that the year 1856 will close the whole system, and place it ‘amongst the forsila of American politics, Oxe or Marcy’s Dirtomatio Frars—We publish elsewhere s copy of a treaty of com- merce and amity, drawn up by Mr. Wheeler, our Minister at Granada, and signed by the legitimist government of Nicaragua. The | treaty bears date June, 1855, and was signed before Walker arrived in the country, he hay- ing reached Realejo late in that month, ‘The history of this treaty is very simple. As our relations with Nicaragua were daily grow- ing more delicate and intimate, Mr. Marcy cent Mr, Wheeler to Granada to make a treaty. The legitimist party then held Granada, and Mr. Wheeler recognised their government, The treaty wae done between Mr. Wheeler and the legitimist commissionere, whose names are affixed to it, When Walker surprised and cap- tured Granada, and the two parties were fused, Wheeler again pressed this treaty, which was agreed to by both parties, and Mr. French, the new Minister from Nicaragua, was directed to exchange ratifications at Washington, Mr Marcy, for some profound reason which no one can understand, declines to receive Mr. French, and the treaty does not see the light until it is given to the public in the Heratn of to-day, These facts place Mr. Marcy in r@her a more etnpid position than he ever has been before, He first negotiates a treaty, which is approved by all parties, which is precisely what he ask- ed for, which hos received the sanction of all the governments in Nicaragua. Ie then re. fuses to receive the treaty, nod insulty the envoy who bears it. As there is no precedent for the refusal of Mr. Marcy to receive Mr. Frevech as the agent of the government of Nicaragua, so is he utterly withoafWarrant in declining to acknowledge and respect an envoy bearing a treaty of commerce and amity from apy Power on the face of the earth, Mr. Morey has completely stultified himself by this Jast diplomatic feat. Read the treaty, Coxoness——The House of Representatives being at length fully organized, they will pro- bably proceed to business to-day in a little opening breeze upon the bigger question, shametal manner in which the Staten Island ferry privilege is abused by the men who heppen to hold it, has drawn public atten- tion to the subject of ferry boats and ferry rights in general. In ordinary, persons re- siding in New York think and care little about the ferries. They use them at rare intervals, to visit a friend in Brooklyn or Jersey City, or to take an airing in the bay. If they are kept waiting on these occasions—if the ferry house resembles & pig sty—if the boat isslow or ap- parently unsafe—they grumble, but forget it next day, in resolving to stay as much as pos sible in the city. The general idea has seemed tobe that the ferries concern the people of Brocklyn, and the people of Jersey, and the people of Staten Island, but not the people of New York. A greater mistake it were impossible to point out. We shall have little difficulty in showing that to obtain good ferry accommodation be- tween New York and the suburbs from which itis separated by water, is a matter of the very highest importance to its citizens; aad that a proper regulation of ferry trips is actu- ally essential to the commercial intereat of the port. Time being money, the period required to travel from a man’s residence to the seat of trade is a part of his expenditure. The longer that period, the more expensively he lives. He who spends two hours per day in travel- ling from his house to his office, requires a larger income than he who only consumes one in the same necessary journey. A resident of Forty-second street, New York, lives more wastefully, in respect of time, and, therefore, money, than a resident of any portion of Brooklyn, except the outskirts, or Jersey City or Williamsburg. But to avail himself of the privilege of living in either of these suburbs— to effect this economy—he must have safe, re- gular, commodious and rapid ferry accommo- dation. Every person doing business in Wall street or the vicinity is therefore interested in securing such ferry accommodation, in propor- tion to the value of say one hour of his time per day. London, Paris, and the other chief cities of the world, are built on both sides of rivers, which are traversed by several excellent bridges. These cities expand equally, or nearly so, in all directions, There is no limit to their capacity of expansion. Hence @ euperabundance of supply of houses which more than keeps pace with the demand; and hence, cheap rents. There are parts of London, Vienna and Paris, where houses are dear; namely, the particular localities where the rich and fashionable choose to congregate; but in general it is safe to say that, under equal advantages, house rent in those cities it one-third of what it isin New York, for New York cannot expand beyond its natural limits. It swells on one side only—northward. Hence the impoesibility of providing houses for all who are ready to become tenants; hence the exorbitant rents; hence the disgusting, demo- ralizing boarding house system. It is a fact within the knowledge of all who have made inquiry, that it is impossible to obtain a small dwelling house in a suitable situation in this city for less than $800 a year; and by far the greater portion of the houses that are built rent for over $1,000 and $1,200—the rent of a first class mansion in Hyde park square or Bel- gravia. What refuge is there for men of mode- rate means but the suburbsin Jersey, Staten Island and Long Island? And what is the value of this refuge if the means of crossing the water be unsafe, irregular or limited? Some people console themselves with the hope that real estate will fell, and houses grow cheaper in the city. It is impossible. The shape of the island forbids it. There is no room for houses enough to feed the demand. All the building in the world will not supply it. We may fill up the blocks to 125th street, and find rents then higher than they are now; whereas, in Jersey, Staten Island avd Long Island, there is enough elbow room to ensure an excess of supply of houses; and consequently it is safe to estimate that rents will never there be much higher than they are now—except in some favored localities—and that a Christian may lodge himself in these suburbs, for the next fifty years, for $500 a year. But five hundred dollars will be dearer than a thousand in the city if the ferries are insecure, or incommodious, or irregular. This suject of rent is, after all, the largest of our material concerns. Man’s happiness de- pends more on the place where he lives than on any other objective influence. By far the greater part of the existing matrimonial dis- “comfort and female frailty springs from the babit of living in boarding houses. Women learn idleness there, mother of mischief; men Squire a distate for home, a fondness for the tieatre, the political meeting room, the grog- op, and worse places; or, in happier instan- fj 8, learn to engross themselves in their Wisiness, and degenerate into the dry, Wiritless, sapleas, sallow, hard-f.::d au- § mata which we meet of an cvening returning home, with downeast eyes, and absorbed expreseion. Round one’s “home,” on the contrary, cluster the kindlicat feelings, the best of all influences. Family affection fs a creature of home; filial respect grows at home; religion and morality are planted at home; genial tastes for the true and the beantifal are pureed at home; patriotism is but a love for home expanded and developed. “It is my aim,” caid the greatest of British statesmen, “that every Englishman shall have « house of his own—a home~where he may cultivate in a small circle that self respect and manliness and virtue which the notion requires of citf- zens at large.”’ We forbear to inquire how far the want of homes has diminished these virtues in New York. Bat if the subject of homes for the people was worth the attention of the Prime Minister of England, shall it not command a brief consideration at the hands of our city government—shall we consent to do withcut homee, rather than make the ferries what they ought to be? There is another point of view in which the regularity of ferry trips appears absolutely es- sential to the commerce of the port. Kvery reader of history or old memoirs must have noticed how much oftener the ice-bridge took between the island and the Jersey and Brook lyn shores in former times than it does now. The present rarity of the phenomenon is as. eribed by some people to the gradual modo- ration of our winter temperature, This is very loose reasoning. The winter temperature may be milder; it is dificult to institute compari- sons of the kind; but any one can see that if the water of either the East or North rivers had been left. unstirred for two days during the late cold term, the ice-bridge would have takep and would be holding still. It is the re- gular passage of ferry boats which breaks up the ice and prevents the formation of a bridge. If the ice were kept broken up, every ebb tide would cerry it out to sea; it is only because, at certain periods, the terry boats slacken, and time is left for the formation of large sheets and cakes of ice, that any difficulty is caused. Tf, for instance, the ferry boats to Williams burg, Brooklyn, Staten Island, Jersey City and Hoboken were forced to run all night at regu ler intervals during cold weather—tue boats being strong and solid, well fitted to encoun- ter the ice, and built like the present New Jer- sey ferry boats—there would never be enough ice in the harbor to cause the least inconye- nience to ships. As fast as it formed, these | ferry boats would plough through it, smash itup, and prepare it to drift to sea It is not possible to estimate the advantage which the comimerce of the port would derive from an arrangement of this kind. Cap‘ains of ships and underwriters know the damage done to veegels by the ice; the melancholy case of the W. H. Safford is only one out of a hundred. How many ships, too, sail to Southern ports, for lower freights, daring winter, for fear of the ice! It would be the business of the city, of course, to impose upon all the ferries the duty of running at night, for the special purpose of breaking up the ice. It could be easily ma- naged: all the ferry companies could afford the extra expense: the surplus of the Brooklyn company could not be better laid out. The new lease for the Staten Island,Ferry Company --which is now anxiously expected by persons interested—will afford the Comptroller a con- venient opportunity of introducing the new re- gulation for euch permanent night trips. Luasmiry or Rarroap Compantes.—A ver- dict of five thousand dollars damages was ren- dered in the Superior Court of this city, a few days ago, in the case of Sarah S. Smith against the Harlem Railroad Company. It appeared from the evidence elicited on the trial, that her husband, an engineer in the employment of the company, was killed by a collision on the road while engaged in running a train to New Haven, on the 9th of February, 1854. The, principal ground of defence was that the situ- ation of engineer had been taken with all its attendant risks, and the plaintiff could not re- cover damages under such circumstances. This, however, proved insufficient, and damages to the amount stated were awarded. A verdict of $20,000 was also rendered in one of the Courts of Louisiana, some months ago, to the widow of Dr. Landrews, who was killed on the New Orleans and Carrolton Railroad, but was, on appeal, reversed by the Supreme Court of that State, on the ground “that such actions were not warranted by law.” Here we fird the laws of Louisiana and New York, in regard to the liability of railroad com- panies, in direct conflict. In one of these cases heavy damages were awarded to the widow of @ man who was killed in the performance of his daily labors, and while in the employment of the company; while in the other they were denied to the plaintiff, whose husband was a passenger, and under circumstances that en- tirely precluded so strong a ground of defence. The judgment of the Court in the latter case was based on the alleged illegality of the claim presented. Now there is but one way of re- medying this apparent defect in the laws re- gulating the liability of railroad companies, and that is by making them more definite and distinct in their provigions, and more stringent in their application. The number of accidents on railroads, under euch legal restrictions, would be of far less frequent occurrence than they are now. It has been truly said that cor- porations have no souls, but they have a pock- et, and the only way by which their feelings can be reached is through that. Let us have laws, then, clear, direct, and stringent, not only in this, but in all the States of the Union, making the railroad companies liable in heavy dawages for all injuries to persons and property from accidents on their roads. Srecta Nationa American Covsci.—A special National Couneil of the American party meets in Philadelphia today. It is altogether a different affair from the National Convention appointed by the Grand National Council of June last, to open on Friday next at the same place. That convention was appointed for the sole purpose of nominating a Presidential ticket—the gathering of to-day is an after ihought. It was discovered, afew months ago, that the 22d of February was too early for the South and the Southwest. They were opposed to taking the ficld so soon with a candidate. Hence the Supreme Directory of the Order hit upon the expedient of this anticipatory and re- visory Council of this day. The decrees of the Supreme National Council being, like the laws of the Medes and Persians, irreversible, the Grand National Convention of the 224 had to stand, Any other party, when convinced of the inexpediency of the call as to the matter of time, would have simply postponed it to tome future day. But this anticipatory Coun- cil will, perhaps, answer the purpose. It ie supposed that the business before them will take up the whole interval to Friday, and that, among other things, they will consi- der— The expediency of extinguishing the dark lantern, The propriety of an extensive curtailment of the oaths against Roman Catholics and aliens, The policy of open Councils, The expediency of postponing the nomi- nating convention to June or July next, &. We fear that, all these things taken togetb- er, the brethren will have a tougher time of it for the next two or three days than they had at Washington in the election of a Speak- er; but we hope they will do as well as could be expected. Mexico—An Orenine ror AxoTHEeR Gapspax Treaty— It is reported that Gen, Haro y Ta- mariz, en rowe to Mexico, has got as far as Puebla, and has fortified it against the govern- ment forces of Gen. Comonfort; but that Tama- riz is sadJy in want of money. Should he suc- ceed in driving out Comonfort, therefore, there will be a fine opening for another Gadsden treaty; and the best of it is, as there is no time to be lost in such operations in Mexico, Gen Cadeden is said to be cocked and primed for the work. If he should go int» another wild land speculation, we hope he will make a better thing out of it than he did with Santa Aaria, Ten millions more than the ex-Dictator finally agreed to take, was a liberal offer for the Gadsden country. ‘Tue Disrvrep Jupcrsutr.—The late scenes in the Sdpreme Court demand public remark , and observation. The Courts are the property of the people, and when their proceedings are likely to end in general contempt, it is time that the public sentiment should be expressed. The case is a very simple one. At the time of the last election, it was supposed that there were two places to be filled on the bench of the Supreme Court—one, for the long term of eight years, and one for the short term, to fill the vacancy occasioned by the death of Judge Morrie, For the long term, Mesers. Whiting and Cowles were run, and Mr. Whiting suc- ceeded. For the vacancy, Mesars. Davies, Hil- top, Leonard and Peabody ran, and Mr. Davies received the bighest number of votes—some 17,000 against 5,000 received by Mr. Peabody. Mr. Davies, prima facie, was entitled to his seat, and would have taken it immediately, had not Mr. Cowles, in the meantime, accepted a com- mission from the Governor to fill the vacancy. This precented an obstacle which the Court of Appeals finally removed by declaring that Mr. Davies was legally elected. He stands, there- fore, at the present time, as the only person whose rights have been adjudicated by the highest tribunal, and became entitled to exer- ciee the duties of his office a few days ago. But when he goes to take possession, he finds that Justices Roosevelt and Clerke have de- termined not to recognise him, but to adopt Mr. Peabody as their associate. Mr. Peabody, thereupon, takes his seat, although he hadre- ceived the lowest number of votes of all the candidates, holds nocertificate from the Can- vaseers of Election, holds no commission from the Governor, and has no adjudication of any Court in bis favor. It was, therefore, a strange and unprecedented proceeding for the two Jus- tices to say that he should be recognised, and that Mr. Davies, having the largest numer of the popular vote and a judgment of the Court of Appeals in his favor, should be ignored, So, then, we have two gentlemen, both claim- ing the same seat and exercising the same fanctions, to which only one of them is en- titled. What, then, is to be done? The public interests suffer by the wrangle, and the dignity of the Court is impaired. Their rights cannot be settled by physical force—they must be de- termined by the legal tribunals, Both parties concede this. Who, then, shall take the initia- tive? Who shall commence the proceedings, Davies or Peabody? We say, unhesitatingly, Mr. Peabody. Mr. Davies claims by a title of the Court of Appeals--Mr. Peabody claims by no adjudicated title whatever. Mr. Davies should, therefore, be allowed to go on with his duties without molestation or interference, and if Mr. Peabody or his advisers consider that the judgment of the Court of Appeals has not adju- dicated upon the particular question between him and Mr. Davies, he should apply for a quo warranto, and have the question settled between them by that Court. As the case stands now, one of them must yield and apply for the quo warranto. Let Mr. Peabody do it, and abstain from judicial duties until the case ie decided, and then we shall have an end to a squabble which is getting to be disgraceful. This would have been the course if Judges Roosevelt and Clerke had not unnecessarily and most unwisely undertaken to decide th: case, without suit and ex parte. Let them revoke their order, and recognise Mr. Davies for their associate, until a judgment of the Court of Appeals is produced to them in favor of some other person as better entitled to the seat. Kansas Movements.—We lay before our rea- ders to-day an interesting compilation of the various Kansas movements on foot throughout the country, pro-slavery and no-slavery. It will be seen that on both sides these move- ments are everywhere extensively mixed up with arms, munitions and equipments of war; and that while the no-slavery party are forti- fying themselves with earth-works, with “all the modern improvements,” like the Russians at Sebastopol, the pro-slavery party, or the so- called “border ruffians” of Missouri, like the Allies at Varna, are preparing for a descent upon the abolitionists which will sweep them from the face of the earth. In the meantime, the President of the United States, with four- teen hundred regular troops within striking distance, has notified both parties that he is ready to join in the dance when the ball opens, and that Governor Shannon has returned to Kansas with the necessary orders to carry out this resolution. Notwithstandiimg these bel- ligerent demonstrations and preparations among the three parties, we hope, and are in- clined to believe, that this impending Kansas campaign will terminate like the siege of the Swedish fort Christina by the ancient Knicker- bockers, “without the logs of a single man on either side.” Tothat great balance of power peculiar to the American people—common sense—we look for the bloodless solution of this Konsas imbroglio, Can’t Bevieve Ir—The Albany Express, a sort of outside Anti-George Law Know Nothing organ, eays:—~ We learn from a gentleman well posted up in tics, who passed through here yesterday, and sate fan ood tified copy”’ of the delegates to the Philadelphia Conven- tion, that only ten of the thirty-two votes will ba cast im favor of George Law. The others, with the exception of two votes, will be in favor of Millard Fillmore, At an ap- pointed meet'ng of the Know Nothing Couneils in the city ot New York, for the purpose of en expression cf opinion in reference to the Presicential candidate, every Council in the city voted agaim-t George Law, and we are reliabl: informed cvery Council, but one or'two, cast their suf frages for Millard Fillmore, Well, “seeing is believing,” and when we shall gee all this fuldlled at Philadeiphia we shall begin to think that “Live Oak George” has been brought out too soon. We await the labors of the mountain. Svrrortine tue Prestwpent.—When Captain John Tyler had vetoed the second bank bill of Mr. Clay, the question was put to an old demo- ratic Senator, “What shall we do for Mr, Tyler—dererted by his party, he will need our support?” “Do for him—why, sir, we must sup- port him to the end of his term against the whigs.” “But what shall we do at Balti- more?’ “Do, sir, why we must nouinate somebody else.” This appears to be tho prin- iple upon which the democrats of Congress are supporting the present administration, with their minds made up that at Cinsinnatf they must “nominate somebody else.” an City Intelligence, Axomien Ci ance iy Tan Wearner.—The Glow of Saturs day wan succeeded yesterday by » Dlow, @ severe ous, too, from the Northwest, which continued up toa late hour last evening, Dwiing the day it stormed fiercely, and blew & young hurricane through the streets of tna city, and on the tivers und bay, It was an iey oold wind, too, and every puff seemed armed with a search warrant to find ont the sorest and most tander portions of the hue man avetomy, to sting ond torture them, The amusing and temper-roothing employment of chasing after ran- away bats woo indu'ged fa to a great extent, and Iatica skiris monifen‘ed & disposition to fly heavenward to the ‘eat a'arm and annoyance of the fair wearers, who di fiat “vest “to. hoop” dows tho" resolines ibenwes a

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