The New York Herald Newspaper, April 27, 1858, Page 4

? rid, and his resistance to some extra official sions, having brought on his head the enmity of cer- tain people in the Spanish capital, but who have hitherto boon unsuccessful in procuring his ral. ‘The Paris Presse thus alludes to the ray cur- rent in Spain with respect to a fusion between the reigning dynasty and the heirs of Don Carlos: —It is very evident that the intentions of the present Cabinet are by no means favorable toa fusion, for article 25 of the bill on the press, pre- sented to the Cortes « few days ago, d as 3 crime any direct or indirect attack on the laws of exclusion from the throne. Rusie—The Serf Question. of Potlon of th serfs in those of tl peel e in Ly oer One “ Each is consist of members Sottnen aetentatemetio we serfs, an Peietore Coslqnated ey Ais of the local adminis. The general committee is to consist of two mem- ‘bers of each of the three districts selected by the landed. rietors, an experienced proprietor from each ict, and one member appointed by the un imperial resoript contains the following rules cont follo for the emancipation of the serfa:— 1. The retains his right of over the ‘whole soil, but the peasant retains the enc! of his habi- tation, of which he becomes owner by ion within redemption a given time; moreover, he has the use of the quantity of land necessary according to local conditions to assure his ‘existence, and to provide him with the means of fulfilling his obligations towards the State and his landlord. For the use of this land the peasant must either pay a rent or work for the landlord. 2. The peasants are to be classed into rural districts; the domaina! police is under the proprietor. 8. The relations which are to be established between the [proprietors and the peasantefmust be such as to gurantee 0 regular payment of the taxes to the State. Similar te age rescripts have been sent to the ier iad Samara, Simbirsk, Orenburg and Saratow. ‘The Napoleon Assassination Plot. TRIAL OF BIMON BERNARD IN LONDON—OPENING OF THE SPECIAL COMMISSION AT THE CENTRAL CRIMI- NAL COURT. A sitting of the Central Criminal Court took lace this morning (London, April 9, 1858,) at f-past ten o'clock, by a special commission issued under the great seal, for the purpose of trying Simon Bernard for the offence of being an a before the fact to the commission of the crime of wilful murder committed out of the do- minions of her Majesty, upon land in the empire of France. The commission was directed to the Lord Chief Justice Campbell, Lord Chief Baron Pollock, Mr. Justice Erle and Mr. Justice Crowder. Soon after the hour appointed the Lord Chief Jus- tice entered the court, accompanied by the Lord Chief Baron, the Lord Mayor, Aldermen Sir C. Mar- shall, Sir F.G. Moon, Bart.; Phillips and Hale, Mr. Alderman and SheriffLawrence, Mr. Alderman and Sberiff Allen, Mr. Under Sheriff Millard, Mr. Under Sheriff Parker, &c. The proceedings appeared to excite a good deal of interest, and the body of the court was crowded. When the learned judges had taken their seass, The Lord Chief Justice, addressing Mr. Clerk, said:—Let the commission be read. Mr. Clerk accordingly read the special commission, and the Grand Jury were then called and sworn. There were only two excuses, both on account of 58. Several members of the bar were present, which is contrary to practice under ordinary circum- stances when the Grand Jury are to be charged. Mr. Payne, the senior member present, addressed Lord Campbell, and said it was the practice for the bar to attend the delivery of the charge in a special commission. The point had been argued, and was settled in the case of the special commission for the trial of the Bristol rioters. Lord Campbell—Certainly; it is a mark of re spect to the Court. Mr. Harker, the principal usher of the court, then | made the usual proclamation for silence, and The Lord Chief Justice then delivered the follow ing charge to the Grand Jury:— Jentlemen of the Grand Jury you it will only be necessary for me briefly to ex- pain to you the occasion of your being summoned ere to-day, and the duty you will have to perform. ‘The ordinary tribunals of the country cannot take | izance of the offence mentioned in her Majes- ty's special commission which you have just heard read. An act of Parliament creates this offence and reecribes the specific mode in which the offence is + to be prosecuted. By statute 9th George 1V., cap. $1, section 7, it is enacted:— That if any of his Majesty's subjects shal! be charged in Fngiand with any murder or manslaughter, or w th being an accessory dotore the fact to any murder, or after the fact to any murder or manslaughter, the eame being re- spectively corumitied on land out of the United Kingdom, whetber ic the King’s dominions or without, it shall be Inet Justice of the Peace of the couaty or place where n 80 charged shall be, to take cogui. eo charyed, ab’ to proceed therein as ame had been committed within the | f Aiction Ro for Winl, or atmitted to bai scommission of over avd terminer under pa be directed to su speedy trial of aay such offender acd such oe stall have full power to toquire of, hear and ‘eterm'ne al fonces within the county or p!ace Limited in their « iesion, by Buch good and Iswful men of the sald county or piace as #uall be returned oefore them for that purpoee, i the same manver ar If the of fences had been actually committed in the said county or the part of the prosecution that en by birth, while voluntarily ntry and enjoying the p therefore, a temporary alleg’ nd, and for certain purpo: has been guilt nt by b murder committ Kingdom.” Gentlemen, it jepositions which lie before me w a matter of history) that on the ever of January last a most atrocious at Emperor of the tion ance ing of the tempt was made to assassinate the French ashe was going to the Opera at Pari, o companied by his angust consort: that the fon of hand grenades was resorted to for this purpose; that providentially the km peror pr Empress escaped unhurt; but that (as might have been expected) some bystander were killed on the spot and others received severe ‘wounds, of which they died in a few days. The question of fact, gentlemen, which you will have to consider will be whether the evidence which wil! be laid before you is sufficient to show prima facie that Bernard, while residing in England, was an accom r in thie plot to assassinate the Emperor of the rench. If he was such accomplice, and if, sup posing that the detestable object of the conspir.tors baa been fatally accomplished, he would have been accessory to that murder, he is equally accessory to the murders which were committed, as they were & probable consequence of the murderous deeds which he had expressly sinct.oned. Now, gentle- men, the depositions clearly show that, whether Bernard was privy to it or not, a wicked plot had been formed in the end of the year 13: gg an ers, who had found an asyium in Englad " nate the Emperor of the French by the ex; of gunpowder. The two chief conspirators were Felix Orsini and Joseph Pierri. They procured the grenades to be manufactured in England, and to be carried first to Brussels and afterwards to Paris. At Paris, accompanied by Antonio Gomer, a servant of Pierri, and by another foreigner, named De Radio, who was hired in London to assist them in their en terprise, Orsini and Pierri, armed with the grenades aod with revolvers sent to them from England, ac tually did make the attempt by throwing the gre- nades, and causing them to explode, as the Emperor was about to alight from his carnage. Bernard was not present; he was still in England, and there is not in the depositions any direct, positive evidence to prove that be was aware of the purpose fo which the grenades were to be applied. But the depositions do disclose serious facta which, till contradicted or ex pleined, may lead to the presumption that he was an accomplice. A few of the most pr minent of these ( will mention to you. Residing in London, and being Very intimate with Orsini, Bernard was instrumental in Causing the grenades to be manufactured, and in No- vember, 1857, he on two occasions purchased mate- tials from which the fulminating powder for tie ex- plosion of grenades is compounded. Whea the gre- hades were completed, in December, he induced the keeper of the Café Suisse in London to carry them secretly to Brassels, on the representation that they Were connected with » new invention for the making of In the ae of December, when the grenades carried over to Brussels, Bernard weat thither himself, and there be met Pierri, and Ike- wise Orsini, who was passing onder the name of Allsop, and whom he appears to hay. ated in ob teining @ false port which enabled him d At Brussels Bernard remained some days, till, with bis privity, the grenades were delivered to a waiter of a hotel, to be carried to Paris, and Orsini xplosion left Brassela for Paris in the same train as the waiter. Bernard then returned to london, and ac } cording to the depositions was very active (n induc jog De Rodio, who wae then{n a state of creat ertaiua wad massa, to ge gree be Pauls tas uy | In now addressing | facilitate Oruini's personation of Al Paris, Bernard, in December, wrote several letters to one Outrequin, a commission agent at Paris, and ad- vised Outrequin of the consignment of a package containing revolvers, which, in fact, had been pur- by Pierri in England, and were to be deliver- ed to Orsini in Paris. The last fact atated in the de- tions with which I wili trouble is that on he 2d of January, 1898, Bernard himself brought the packege containing the revolvers to the office of the Southeastern railway, in Regent circus, directed to “ Monsieur Outrequin, 277 Rue St. Denis, Paris,” making of language which, although it dicate ot some plot against the existing government in France, yet if serivus- ly and sincerely, repels the notion tha! Bernard was then aware that this plot contemplated the assasai- nation of the Emperor. Gentlomen, having heard and considered the evidence which wiil be laid of the prosecution, you must ‘ion as to ita sufficiency to justify facie inference of complicity or guilt the plot on the part of 1 rerzaingly improtabter Bat he might by por robable. e Y por ibility suppoos that they were only to be used in some Whole history of them, with which "was well _ But ae Aiea 5 Zour jadgment make outagainst Bernard a prima facie case of pomnplctiy in the plot againt the life of the Emperor, | thiuk that you ht to return the indictment which will be laid fore you “not a true bill;” and this wil! put an end to all further p lings under the commission. But if the evidence does in your judgment make out a prima facie case of complicity, 1 would advise you to find “‘a true bill,” so that the trial may proceed. Such complicity may be sufficient to make the accused an accessory before the fact to the murders which, in the event, were committed, although the deaths of the individuals who were killed were not in the contemplation of the accused when he became a party to the plot. It is laid down in our books that “an accessory before the fact is he who, being absent at the time of the offence committed, doth yet procure, counsel, command, or abet another to commit felony; and it seems that those who by hire, command counsel | or conspiracy, and those who, by showifig an express liking, approbation or assent to another's felonious | design of committing a felony, abet and enco | him to commit it, but are so far absent when he z, | actually commits it that he could not be encouraged _ | by the hopes of any imnediate help or assistance from them, are accessories before the fact. As to the objection that Bernard could have had no inten- | tion that those who were killed by the explosion of the grenades should be put to death, it may be ob- | served that such a question can Ca arise when the | principal does not act in strict confor lans and instructions of the accessory. f Bernard was privy to the plot, Orsini, Pierri, Gomez and De Radio, in throwing the grenades as | they did, must be considered as having acted Hl strict! in conformity with his plans and in- | structions, and he is answerable as accessory | for the consequences. It is even laid down that “where the principal goes beyond the terms of the solicitation, yet if, in the event, the felony committed was a # pee consequence of what was ordered or advised, the person giving such orders or advice will be an accessory to that felony.” Asif A } advise B to rob C, and in robbing him B kills him, either upon resistance made or to conceal the fact; or if A solicit B to burn the house of C, and B does it according] nd the flames taking hold of the house of D that likewise is burnt—in these cases A is accessory to B both in the murder of C and in the burning ot the house of D; the events, though pos- ray A in the ordinary course of things, the probable conse- qu the instigation of A. The approved test is, “was the event alleged to be the crime to which the ac- ensed is charged to be accessory a pro- bable consequence of the act which he coun- selled?” Yc can have no difficulty, gentle. men, in applying these authorities to the cir- cumstances of the present case. Geutlemen, it may be proper that] should mention to you that an act of Parliament passed since the 9th of George | IV.—viz: 11th and 12th of Victoria, cap, 46-—after re- citing that it is expedient to make farther provision | the more effectual prosecution of accessories before the fact to felony, and that it is expedient that any | accessory before the fact of felony should be lable | © be indicted, tried, convicted and punished in all respects like the principal, as is now the case in trea son and in all misdemeanors, euacts that “if any per son shall become an accessory before the fact to felor ch person may be indicted, tried, convicted and punished in all respects as if he were a princi pal felon.” Therefore, perhaps, the indictment sub- mitted to you may contain coants charging Beraard asa principal; but still the question of fact for your consideration will be whether the evide shows prima facie that he was an accomplice in the assassination plot. If yon find the In dictment a tree bill the accused will have an am ple opportanity of making his defence both oa + the facts and on the law of the case. He may be able to contradict or discredit the witnesses for the prosecution, and to show that he was entirely inn cent of any evil intention; or, at all events, that he had not the guilty knowledge of a plot to assassi- nate the Emperor of the French. Lven if this fact were found against him, it will be open to his coun gue that he cannot in point of law be pro- icted according to the acts of Parliament ntion rests. I abstain for ny opinion on any ¢ decmed doubtful questions of law may be raised during the trial will be most deliberately considered, and J trust satisfac: torily disposed of. There are’ four Judges of her Majesty's superior courts wppel edd to preside, and they will all be present, alth still engaged on their circuits. to say that we have a power, either ce, of taking the opinion of al! the y doubtful question of law which trial. The accused not being a ct, there must be an extraordinary in al rs that he may have a fair and im tial trial. Bot if it should ta t that, enjoying an asylum in this kingdom, he has ated those laws which are equaily binding on igners re- « here as upon uative born becoming an accomplice in a plot against the the sovereign of a neighboring country, the ally cur Queen, he bas committed an offence for which a native bor» subject would be liable to punishment, urther, | am bappy re or after during born sul we are required not only by what ia doe to foreiga | he equal administration | ustice in our own land, to take care that he may | nations, but what is due t of scape with impunity. ist as the Grand Jury were about to retire, ¢ niet Jumtice that in the event of their returning a trae it was the inten tion of their lordships that the trial should take place on nday morning, at 10 o'clock, and he said he hop le the trial was proceed- ing no discussion would take place in the p ablic press in reference to it. It was very desirable that the whole of the proceedings should go before the pub jie, but it appeared to him that it would be very in decorous to discnas the evidence while the trial was going on, as euch a course was calculated to preja dice the accused and to obstruct the course of justice. In the afternoon the Grand Jury came into court with four bills, two of which charged the prisoner as a principal with the murder of persons named Nicholas Batti and Eugene Rigueur. The other charged him with being an accessory before the fact to the commission of the same marders. They returned the whole of the bills ae true bills. The Grand Jury were then discharged. Radio, who was convicted with Orsini and Pierri, and sentenced to death, for the attempted assassina- tion of the Emperor Napoleon, has arrived in Lon- don in charge of several French and Bnglish deteo- tives, to be ready to go before the Grand Jury at the Old Bailey, to give evidence against Dr. Simon Ber- nard. During bis stay in London he remained in Newgate ; after the trial he returned to his old quarters in Paria, Interesting Commercial Case. THE LAW AND PRACTICE OF COMMIASION AGRNTS— PRARD AND ANOTHER VS. FANSHAWR. This action, which involved questions of conside- rable interest to men of business, was tried at the Liverpool Assizes, vefore Mr. Justice Byles, on the 29tb and 30th ult. Tae action was brought to recover a commission of one per cent on certain consignments alleged to have been made through the instrumentality of the plaintiffs, who are or were commission merchants | and commission agente at Manctester, to the bone of Fanshawe, Milliken & Townsend, at New York. The plaintiffs stated that Mr. Fanshawe, who is a member of the latter firm, and who resides at Man- chester, proposed to them, iu the year 1853, that they should endeavor to obtain consignments for the New York house, and informed them {bat if they suo- ceeded in obtaining any !> would allow them upott the gross the usnal commission of one per cent. these terms the plaintiffy assented, and upon their recommendation several of their friends consented to consign. In November, 1854, defendant's firm made out a statement of account, in which they gave the plaintiffs credit for the commis sion of one per cent upon all consignments made up to that time. After that misnnderstandings arose, and the question to be decided in thik action was nee us rmity with the | But here, falling out beyond his original intention, were, | ences of what Bdid under the influence and at ny | h two of them are | teen Judges ts, and that, | Commulasiod Far P°TAIE MPa era's ment to the amount of rate ate of , from Decem- Mr. J ,Jr., ber, 1863, 0 to the present time. At the time of the introduction, Mr. John Swainson was the partner of the firm of Swainson Bro- and the consignments since made had pete mesen? that gentleman on his own account. ‘The plaint! contended that they were entitled to the commission, notwithstanding the dissolution, inasmuch as it was to Mr. John Swainson that toy duced Mr. Fanshawe in the first ‘instance, and Mr. Fanshawe himeelf, on being examined as a witness, produced @ piece of Py) upon which Mr. Fanshawe had put down in pencil the charges to which he was subject, in reference to the consignments in the course of the discussion which tovk place betwéen them ‘in January, 1855. In that paper the very first ilem was “Beard one per cent;” and the learned Judge asked the defendant's coun- sel (Mr. Atherton) whether he could alter the evi- dence given by a witness who had no interest in the action. Mr. Atherton consulted with his client, who was understood to deny that the handwriting was hia; and tho learned gentleman upon that intimated that the case must go on. Mr. Mills, the clerk of Mr.Swainson, was then called. Ho first fixed the interview between the defendant and Mr. Swainson at the office of the lat- ter, some time in 1653, and then in 1854; but hav- his attention called to the contested question, that he saw Mr. Fanshawo per conviction that the wo per ceut” were in the defen . Forwood, ference to of this kind, and thoy all stated tho was to pay the commission not only apon first consignment, but upon all subse- | quent consignments as long as the business con- tinued. They concurred in stating that the arrange- ment, once made, could only be terminated by no- tice, in which event, Mr. Fleming said, the commis- sion agent, whose connection was his stock in trade, ht carry it elsewhere if he pleased. mie in the first day,at the close of the plaintiffs’ case, the court adjourned. The next day the case was resumed, and Mr. Atherton made a very able. address to the jery on behalf of the defendant. He submitted that the evidence of custom was not only incon- clusive but inconsistent. No two of the witnesses ened as to what the custom really was. Upon the main question ia the cause he should call the | defendant himself, who would tell them that the | bargain which had been made between himself and the plaintiffs was not the bargain which the plain- | tiffs bad descriled to the jury. And the defendant would also telltbem that the paper prodaced by Mr. Swainson was not in his handwriting, and that he | knew nothing about it. Mr. George Fanshawe said: I am the defendant in ; this action, In the autamn of 1853 Mr. James | Beard called on me and said he could get me a con- signment of delaines, and asked me if | would allow him the comniission, which I agreed to do. His quea- tion was whether I would allow him the commission on the consignment of delaines. Me took me to the warchoure of Swsinson Brothers, and introduced me toh.. Jobn Swainson. He left me with Mr. Swainson, _ and T arranged with that gentleman for a consign- | ment. 1 have no recollection of having made | any arrangément with Mr. John Beard. There was no general arrangement to pay commis- | sion upon all subsequent consignments; the agree- ment pparien to that single consignment only re- | ceived but one consignment from the house of Swain- | son Brothers, although there were several invoices, | and the goods were sent out in several ships; the | firm of Swainson Brothers diseolved at the end of | 1853; early in 1854 Mr. John Swainson called on | me and said he had no objection to continue send- | ing consignments through our house, but he would | have nothing to do with the Beards; after that the pom were sent in by Mr. Swainson to Measrs. hwabe, Chamberlain & Co., in the gray state, to be packed and finished; Messrs. Schwabe, Chamber- , lain & Co. sent me an account of the expenses in- curred in putting the goods into a condition suitable for the market, and added a commission which they charged for doing the business, and at the end of | every season I rendered an account to Mr. Swainson; Messrs. Beard had nang to do with the consign- ments from John Swainson, but the consign- ment from Swainson Brothers, in the previous yer, passed through their hands, to be packed and | finished under their superintendence; I never saw the paper produced by Mr. Swainson until yes- terday; none of the figures upon it are in my hand- writing; | don’t know who wrote them; they are not added up correctly, they are 1 64 and ‘14, making 9 | altogether, whereas the total upon the paper appears to Le 8 per cent only; when Mr. Swaiason called upon me he asked me if I had not allowed the Beards a commission of 1 percent; T told him I | had; he ssid | ought to allow him that cominission, | because he had to pay a commission to Schwabe & | Co, for their trouble iu relation to the getting-up of the goods; after some di on Lagreed to allow him fie 1 per cent on that season's transactions only; | I did aot allow it the following season; aud in the autumn of 1855 [made an arrangement with him altogethi rent. — Cros+examined—What Mr. Swainson said yt a conversation in January, 1855, is : itis not trae that | wrote this paper; and trae that 1 Tede the agree. that the s. meat Coanibed by Mr. Beard, y commission should apply to all co ts. Mr. Beard,» partner ‘in the house of Schwabe, berlain & Co., stated that he kaew of no such m as that which was spoken to yester knew the defendant's handwriting; he should the handwriting on the paper prodeced w: he believed that it was not. Cross-ex.am better acquainted with the defendant's le e oth . Mr. Coll Wild and Mr. Lewis corrobora' last witness as to the non-existence of any w the commission of 1 per ceut for * upon all subsequent consignments as well as upon the first. And Mr. Lewis also said that, knowing the defendant's handwriting, there wae no figare upon the paper which Mr, Swainson had produced which he should take to be his, He jr 1 from the handwriting iteelf and not from the defer had heard him eay last night that the handwriting was not his, ander Dawson, a merchant, of Li | verpool J his Lelief that the paper was net written by defendant, with whose hand writing he was familiar, and with whom his firm had had repeated busine last nine years. Mr. Hill replied up learned Jndge, in ew of the jury to the f Mr. Benjamin \ . TI t jeace of the | quish that which is another man’s. introduc le case; and the cted the attention defendant was in ming ¢ t that the direct conflict with four witnesses with reference to the terms of the contract, and that with reference | to the important paper of Jannary, 1858, he was in ly positive in his state- © defendant write opon a reneral appear. gh his memor: ry iuperfect, and al- ttake to swear that the The jary almost i atits— damages P of paper. | ance to the oue as to time was,no de he would not nnd pe roanced was the «a | mediately found for the p A part of the marine guard of the Uaited States steam er Surquebappa, erat to the Quarantine Hosp'tal, were able to lonve yesterday, baving served out the full po tlod of their “black Ih 4 are now quartered ia the Marine Barracks, Br: », New York, at which place they will remain until yald off In our iseue of the 25th lost, under the head of “Naval Intelligence,” we stated, through a false representation mace to our reporter, that Lieut Fuward A. Barnet, of the Brooklyn Navy Yard, woul’ be in temporary oom mand of the Un'ted States steamer Susquehanna daring the time of ber being quarantined at the lower bay. This jean error. Mr. bert ©. Barnard, of the Brookiyn | Navy Yard, and Mr. John F. Wangh, Captain of the Navy | Yard Police, end six reliable men taken from the riggers’ gang, bave her ie charge ‘Captain Robert Tansiil, late in command of the marine a board the United States receiving ship North , has been ordered to Washington, to fill @ more important post st the Washington Navy Yard, Captain Tansili inevery inch asoldior, and u lea’ ba tast position leaves behind bim the regreta of bis le com. mand. It bas been aeserio’ by military mon—one of whom our reporter conversed with on the subject—thet there js not # better drilled set of mon in the marine ser. ‘vies than the guard of the receiving ship North Carelina, ond °Z have been brought to this strict state of disci Ee rough the unremitting exertions of their late ender, who infused a spirit of military pride and ardor into bia men alike creditabie to himae.f and the service to which he betongr. ‘The United States Lawrence, Commander Hull, and sloop of war Falmouth, Commadder Ferrand, ‘wore at Montevideo February 23. | The steamer Shubrick ‘was probably there also, though no mention is made of her. Bt. The United States sloop of war John Adams came ap last evening from Bampton Toads and anchored off the Navai Hospital. She left Pansma Nov. 3, and touched at ‘alperaiso and St. Pelona—saied from the Iatter March 6, and arrived here April 23, in forty eeven days ‘al! well, and no sickness on board since leaving Panama. < j aut, Napoleon ©. Be Milton Haxton, J. R.'Pegieston, Francie H. Raker, F. r’ MoOne; Surgeon, Thomas M. Potter: Assistant yi Thomas J. Tarnor; Marine Officer and Acting Pursor, First 1, Broome: Ganner, Wm. 8. Hatch: Se!) . We learn that the John Adams somewhat shert banded in sailore aad been previously sent . AS soon department st Washing. come up to the Navy Yard onfoly Meravl, Agrit A astom to | | The | dent's denial, although he | actions during the | The Crittenden Kansas Bill Among the Anti-Slavery Factions. Revolt and Revolution Among Migger we ‘Beecher, Che & Co, of ag an ht (From the New York Weekly Independent.} BY THE REY. GHONGR B CURVES, D.D. THB LECOMPTON CONSTITUTION FOR THE SLAVE AND 178 INORRASE. There is a text concerning our stewardship which we should do wedl to ponder as a nation, in pepe to our liberties. “If ye have not been faithful in that which is another man's, who shall a) you that which is your own?” The cruelty of fraud aud oppression may seem confined to the subjects of it, be for a while the oppressing nation may seem ro:perous and eecure, but at length the appointed Boer and execution of vengeance comes, and God ys the nation in its own coin, and chooses its de- Foon, and compels it to drink to the dregs tho cup of slavery it has ministered to others. Because 7 trost in oppression, therefore this iniquity shall ruin. Because ye have not proclaimed liberty Z otners, your own liberties shall be taken from yourselves, and your own hands shall deatroy them. It ia a fearful thing to witness the unmingled and | absorbing selfishness so unconsclously disp! in the preeent professed conflict for freedom. It is no longer a conflict against enslaving others—a battle in behalf of an oppressed and injured race, to re- store to them the rights and #0 long with- held from them, to deliver them from bondage—but it is mere self-defence against included with them ander the endurance of a similar injustice. The battle which men have refused to fight for their neighbors ty are compelled to tight for themselves. it the deliberate renunciation of all obligation of justice or mercy to the enslaved—the forgetful- ness and of principle toward and benevolence toward man, and the degradation of the warfare to a mere strife for poliiical superiori- ty between the slave States and the free, or be- tween slave labor and free, are indications ominous of evil. We have some reason to fear lest all the apparent p 38 toward a national anti-slavery sentiment and firmness may turn out to be sheer selfishness, and that the question of the actual abo- lition of slavery, the emancipation of the slaves, may be farther off than ever, our whole virtue and patriotiem being active and brave only for ourselves, — ae for others, only for the whites aud not the jac] The thing against which a majority in the House of Representatives bave been stiflened and propped up to a transitory display of steadfastness, was not the monstrous iniquity of forcing the slavery of black persons upon a State, but that of forcing a constitution upon the State, without consent of the white people. The, inhumanity and im- morality of eas Sap the jastice and wickedness of enslaving the blacks would not have provoked a conflict. On the naked principle of opposition against slavery, or against enslaving the blacks, a majority could not have been rallied. Yet that iniquity, and its [pogo security and increase, made up the great thing that rendered the proposed constitution, apart from its border ruffian origin and authority, infamous; and the sanction of that iniquity by the constitution was just the qualit; coveted; without which none would bave dreame: of enforcing it. That atrocious article and element of slavery, that insurance of its being fastened forever on the blacks, made up the prize for the sake of which the supporters of slavery were willing to enact a con- stitutional despotism over the whites. For the sake of eternal, undisturbed property in black men, they were ready to force a constitution upon white men, ready to violate and sacrifice the constitutional fundamental principles of our own liberty, ready to convert the government of the United States itself into a t; ny, ready to forbid and destroy the ele- ment of popilar representative freedom, and to bind down a Sate under a government, which the people not only have not chosen, but have rejected and de- nounced; a government which was a usurpation from the beginning, the miscreation of whulesule fraud, enforced by villainy and violence; a government founded on a violation of the ballot, in the gross manufacture of illegal votes, and establishin; its constitution @ more diabolical article of crusty and injustice than ever was incorporated or ventured upon inany of the most despotic constitutions on ea Now the vital and most detestable iniquity in this complicated and accumulated monstrosity of wrongs, this series of iniquities and oppressions upeoiling and inveterately convolved, is not the thing that has movoked and steadied the unexpected opposition. his show of bravery has not the honor of a consci- entious conflict against sin, against injustice. The principle of inhumanity and avarice, for the sanc- tion, establishment, and perpetuity of which the whole usurpation was undertaken, and every succes- sive invasion and outrage perpetrated, has not been the clement resisted and abborred, but merely the | tmunver of enforeing it; not the iniquity itself, but just only the compulsion of it on the State, w: tation of the people. In proposing an the adoption of such a system, the th excited all this indignation, wrath, opposition, both in the Senate and House of Representatives, ia not at all the making slaves of human beings without their own consent. but the doing of it without con- sent of the people, without popular sovereignty. If popular sovereignty ordered it, it was all right. It | was the making men slaveholders again-t their will, not the making of other men slaves, that roused all this ire and evoked all this patriotism. The making merchandise of black men is not the thing opposed, brt the making of white men, against their will, the merchants of such merchandise. Portes of But the enforcement of a constitution upon men in that thing, and for the sake of that, involves the principle of a tyranny over them in everything, therefore they ayes it in this thing temporary and half-way abolitionists, regard to the rights an of a jealons and benevolent c but their owa. They demand their om, own, but relia ntral iniquity in this scheme, at which the old prophets would have called upon the heavens to be astonished, and the earth to be afraid with horri- ble amazement, is the deliberate extablichment of slavery, in the most heaven defying and infamous terms. The right of property in human beings ia distinetly affirmed in the constitution proposed to be enforced, as before and bigher than any constitu tional sanction. The right of property in man is in fact assumed as one of the rights of man; d it is declared that “the right of any owner a slave to such ad its increase is the same and as invi as the right of any owner of any property whatsoever.” Had the terms of this proposition been purposely studied to obtain as insulting and darmg a mode of affirming the perpetual and inviolable right of slavery as lan guage could contrive, obvionsly, no more definite and compact sign could have Geen hit apac, than the vse or the impersonal pronoun its, in reference to human chattel, the slave and its increase. And this is the central article, oa which the whole constitution hangs; the establishment and perpetuity of slavery, by this article, is the final object of the constitation, and of all the usurpation, crime and rufl.anism requisite for its adoption. How any man, with any living conscience 1 and man, with any commanding sense wrong whatever, give consent, even for an instant, | to such an execrable proposition? How could any man vote to propose #0 deliberate an infamy, so glaring an insult against God aud man, to any people, as possibly admitting their voloutury as sumption, asl cing the possible subject of a righteons pepular choice, and to be sanctioned, adop made the supreme law of the State, from yenerati to generation, if the people plevse? And yet, neither that infewy and crime, central. | ized in’ the constitation, nor that infamous propo sitition submitting it to the people, as a thing of rightful popalar choice and sovereignty, (the sove- reign right in the highest manner to sin against Ged and man.) constitntes the dificnity. The arty does not revolt at slavery, even in the naked, ideous deformity of the doctrine of human chat- telism stereotyped as the theory of political per- fection, and made eternal and accumulating by the ferm of the constitutional guarantee, the slave’ and its increase. That is not the trouble, that does not rouse the conscience, there is no remonstrance ey) that, no voice lifted for humanity, or the Word of God; no defence of human nature or divine justice and righteousness, against euch an atrocity. it is not the establishment of slavery that troubles the conscience and stirs up wreth, but ite estadlish- ment against the popular vote or without it, the aad- dling of the system upon the people against their will, Not the inhumanity and sinfuln the sys tem are objected to; not the adoption of an infinite | moral wrong into the government, as its central principle; not the perpetual hereditary enslavement of a race of outcast and downtrodden human be ings; not, in a word, the legalized existence and ity of slavery, Wut the being demed an oppor: nity to vote in regard to if; not the frand and vio- lence against God and man in the establishment of slavery iteelf, but the fraud inst popular sove- reignty ir having the system chosen and appoiuted for the pec le, instead of being permitted to choose it or reject it for themselves, is t great crime and | the insurmountable exasperation, But Senator Crittenden’s amendment makes ail ) . by submitting it to the people whether they | | choose to enslave others; the perfect right cH | enslave, if the questioned | Re choose, not bein or controverted. Nay, by such a submission, as being the rectification and cure of the whole mis chief, it is admitted that the right to enslave is an elementary, native, intrinsic right of popular sove- | ereignty, one of the rights of man, rightfully to be enebrined in the people's bill of rights, and in the State constitution, if the people pleasé. The poor creature to le enslaved, the poor miserable chattels of this lar sovereignty, comprehended in the damning clause of the slave and its increase, have no rights to be ted, no will to be consulted, io choice permitted in the matter. ‘The constitution ciem, or with shouts and hootings of derision, as the drivellings of aman insane. The whole ly can vote to submit the question of enslaving , 298 rightful, unquestioned privilege of humanity, to the ee popular soverei; , for its decision; adel tiwag ce or it ni jon belage. whots it ia * to decision to the doom to ‘uch bonds , 18 not to be ent slavery or not. .A most grand and dt —a most noble and exalted patriotism ! the Steamboat Ocean Spray on the Mississippi. RACING THE CAUSE—TWENTY LIVES LOST—HEART- BENDING SCENES--STATEMENT OF ONE OF ONE OF THE PASSHNGERS. It hasalready been announced by telegraph thet the steamboats Ocean Spray and Keokuk were burned about five miles above St. Louis on the 22d inst., and that twenty of the passengers of the former vessel lost their lives. The Ocean Spray, at the time she took fire, was racing with the Hannibal City, and the accident seems to have been caused through the grossest carelessness. The following statement of one of the passengers, we copy from the St. Louis Democrat:— . Mr, Deniston is from Tynohbarg. Ohio, and was on his way to Florence, on the Illinois river. Ho says when the boat started from St. Louis the Han- nibal City backed out just behind, and when under good headway she was about a hundred yards in the rear. He says that when the Ocean Spray was within about a mile ot where she took fire she saw the Hannibal City gaining on her, and the command | ven to put turpentine in the furnaces. He says he had been ver and had taken a position in front, where the steps | come down together, so that he could see them firing up. They firstthrew in rosin, and then the mate suggested turpentine. The captain was by when the order was given, and some of the men went down into the hold and browcht up a barrel of tur- ntine, which had been consi; to some personin The men took an axe and split a hole in the head ef the barrel, and then, under orders of the mate, dipped the fluid out and threw it over the coal that was lying by. This was not expeditious enough, and the head of the barrel was knocked in, and a bucket with a piece of rope to it was used to dip out the turpentine. The barrel at this time was standing not more than six feet from the furnace doors. After dipping with the bucket and Kiempor 4 the coal, sticks of wood were taken up and their en plunged into the barrel, and then laid down between the barrel and furnace. While |, there one of the firemen, in pulling out his rake, jerked alive coal, as is sup) ..on the wood, when it wes immediately ignited and blazed up furiously. The mate swore at the men and ordered them to throw water on the fire. The water seemed to drive the flames to the barrel, which was soon all ablaze. ‘The mate grew furious, and cursing the hands, or- dered them to cast the barrel overboard. In at- tempting’ to do this the barrel was upset, and the burning fluid in an instant spread all over the deck and poured in fery torrents down into the hold. At this the ery of fre was shouted and the alarm became peneral. . Mr, Deniston says he immediately ran op stairs for his baggage, which was in stateroom No. 26. He Retermining for themselves whether Say, will | dragged his trunk and carpet sack as far as the clerk's office, when he saw the flames coming in at the door in front of them. He dropped the trank and umbrella, and made a dash for the stairway through the flaines. Somehow, he says, he reached the bottom of the stairs, bat not without having his hair and eyebrows pretty badly singed. Here, at the forward deck, he found a crowd of men all wait- ing for the boat to strike shore. He jamped when the rest did, and landing safely, he began to throw in the river all the pieces of wood or logs he could gather on the shore. While on the shore he saw the women rshing over the top of the boat, some on the hurricane roof, and some, even, with their children up on the Yexas, all imploring for help, and screaming from the fright of the mo- ment. He saw ose mother bring three children to the edge of the hurricane roof, the oldest being probably about ten years old. She first caught her youngest in her arms, and gave it a desperate fling. It struck the shore with great violence, and must have been seriously injured. The second child she could not throw +o far, and it fell in the water, where its little hans, paddling above the surface, arrested the attention cf se gentleman who reach. ed in and saved it. The third child, being so heavy, fell farther from shore, and would probably have drowned but for some noble hearted r who hav- ing witnessed the efforts of the heroic mother, plunged in head foremost, and bronght the child to the surface and to the shore. The mother after. wards leaped in the water, and was reseued. Mr Deniston says some four or five women were found clinging to one woman who was bolding ou to the rudder of the Star of the West. The captain, clerk, pilots and mate were saved. All the cabin boys bat one, called Hank, were saved. of them saved all his clothing, and the othe:s having lost all, he generously offered bis entire wardrobe took them oat be- hind the trees to change th Jothing. He saw one poor Irishman sitting on a log crying over the loss of his brother. Mr. Deniston relates that while the flames were raging be saw some poor woman at the railing just in front of the wheelhouse. Those on shore shouted to her to jump, which she attempted to do, but was caught by her clothing aud swung in under the rail- ing down into the engine room, where all was one blaze of fire. Mr. Deniston thinks there cannot have been leas than twenty lives lost. Te thinks there were some rixty or seventy passengers in all, and a good many of these deck passengers. ‘ Army Intelligence. sippments to duties of siaffofflcers have been ordered by the War Department as follows:— TOPOGRAPHICAL ENGIVERT Captain Howard Starabury in charg of constructing miliary roads in Minnesota Territory Captain George Thorn in charge of constructing military roads in Oregon and Waahingtoa Territories. Lieutenant R. 8, Williamson to duty in the Department of the Pacific. 3. H Mendel! to report for duty to Captain G, Lievten G. Meade at Detroit, Michigan, 'o charge of the survey of the Lakes Lieutepant J. B. Wheeler to report to Captain Thora for duty on military roads in Oregon ead Washiogton terri tories. QUARTRRMASTER'S DEPARTMENT Bre vet Major J. 1. Dooaldson to proceed to and report for duty at the herdquarters of the Department of New jexico, Captain L. © Faston to proceed t St. Lovie, Mo. ana | report to the Quartermaster Goneral for daty in the De of the Weat, A large drsit of rocruite ander tho command of Capta.a Nathapiel Lyon, 2d Infantry, left Jefferson Barracks, Mo. , om the 17th inat., for Fort Leavenworta, to fill up the Oth tanh Seca Jone! Loom: jofantry, commanding the Depart- ment of Florida, bas been compelled to aoctaege, witeont py or allowanoe, a large num! of the mounted volun- leera, recently mustered into eervice in that department. ‘bis has been the eeound or third di made ia this regiment for willfully abandoning and deserting their ranks, which spenke rather poorly of our volunteer system. Obttuary. General Count pk Vewrors, who for thirty yoars was in the service of native princes in India, and who at one time Played & somewhat important part in the events of that country, bas dred, after a short matady, at his estate of : Toulouse, France. He went to Cadool in Wered the kervice of the = who gave him the comm'saion of a lieutenant colonel. Sabsequently he followed bis countryman, General Aliard, to L and an hie ite decamp, with the rank of brigadier general, rk wo nine Ranjeet Singh's army on the stem + ja almost al 4 , at General Ventura re the service of Carrack Singh (who succeded ther) anti! 18: hen he returned iy ig Aydt large fortune and a liver complaint. He bes len some memoira, which {t is said contain certain inter ng vavions ian affairs. = nny great ca of the M'lle, Lovise pe CoRsmILLR, ss hag ted ae from Bayrout of the death Accounts have “ RWMANN, @ Bava had been into the Darfur and the ft Cairo, last ene nen 1000 | i Wravet'in search of pews of Dr, Vogel. eee traveller, much interested in the race, | Bleed i i Fite 2 i venlng repeated, with the laughable farce a ’ ai George Christy ard Wooi’s, tho whimsica “Dream of Shoveiry’’ at Bryant’s, and the paso mime of “Le Moulin Magique’ at Matt. Peoi’s. Mr. J.G. Maxper —The numerous friends of this emines: exceptionable programme for bis concert at tonight Various eminent theatrical and musical arust have volusteered for the occasion. Tue Poran Recioys.—The graphic panoramic ilusts tlons of the explorations of the Arotic regions by the le mented Kane and big hardy companions are stil! om es hibition at the Brooklya Atheawum, Weekity Report of Deaths In the city and county of New York, from the 17th dag ¢ April to the 24th day of April, 1358. Men, 74; womeu, 91; boys, 115; giris, 119—Totat, 299 Aduits, 166; nom, ; males, 130; females, 21¢ color: : Abecees, of the brain. Abecess, lumbar. Cancer of the breast, Cancer of tho leg.. tines... Killed or Killed or murdered, Chol: stabbing .. Cirrhosis of the liver... eee etree Leet) eet 3 Suicide, by hanging. Teething.” 2 i & ss the heart. 1 Ulcoration of the boweis. Epilepey.....-.. .. 1 Unknown to the jur; 5 Eruption, pemphygus.... 2 Varioloid........ Reynipelae... 8 Erysipelns of the bend... 1 Total.ssescecseesseeeed number of deaths, compared with correspoed! Of 1866 and 1867, and of last wook, wae as lowe :— ‘Wook ouding April 26, 1266 sc April 25; 1867, Suillborn bir Btomar other digestive organa blood vessels. 12 Lang®, throat, 11S Uncertain seat and gone Od age. ce, 6 pal fevers Skin, ke., and eruptive — Unknowa tothy jury fevers... ceeys 42° Urinary orgnas.... Spain ; United States... Unknown ponte isanten Almahouse, Bik's Island. 6 Lunatic Asylam, Bioom'l %”% Lying tn Asytum 3 Old Laaies? Awylui PHgToGRArRY —PURLTEIRD THIS DAY, A» NUAL OF PHOTOGRAPHIC CHEMISTRY, includ raclioe of the “Calloehin” process, by T. 'Freder ‘b 6Fourth e‘idon containing 30) 1 th, SLper copy. When forwarded by prepaid. 8. D. TUMPARRY, 87 Lispenard street, N. ¥ YHUROH OF THE PURITANS, ON UNION BQUAR: / Rev ©. G. FINNEY will preach this avanng espa: aia quarter before cight o'clock: also on Wednesday, Thr day and Friday evenings, ai the same hour, Prayer meet each evening at 7% o'clock. FOTURR 4 be * Poot OY Mike TERESA RaMONDE, « “ ‘ it Powter , 7 reer oetey Oe Te reply to Charles Mackay, in re) ‘with iMnstrations of Moore's maven, ADAM® DE Las 4s «| MOZART HALL, on WEDNESDAY evening, April 2 wear, comaneuce as iokets 99 cena. ocommence o' Tickets to be had at the book Dunigan & Bred SL Broadway: PM. Haverty, 110 Fulton Cag By the Irish News, Irish American, and Vindicator, and thet ale stores, DENTISTRY, ENTIATRY —TRETH EXTRACTED IN TEN sROON Dy eiteet he ght at yaar Sec only, Reference sir e4 Ii dad Ganial street, nenr Woorte: tanner Joh 10 engine ins Der maneaan bepesiine’ i eneaiarore sooronl Siig & arte on right Bold. Inquire at 145 Atlantic street, Iya, between Henry and Clinton sirec’ CLOTHING, Je (VAST OFF CLOTRING WANTED —LADIBS OR 0! Co iemen ‘having any of tan wane to dlepose of oun ajanah uric by tending or tho 'suhanribery ahi rex yd une ee Bo YWOTHING —ORNTLEMEN WISHING TO DISPOSR their onat of wearning apparel cam obtain the bic Bee Ler, hem by calling upon or addressing Joba Muar) Pear! street. ADTER A ND GENTLA oth t BN HAVING ANY CAQr « é recond hand furti'nre, &0,, 00 dispose of wi Tre the value in cae, by ny on aaa a ARRIS, 166 Seventh avenue, between Twentiehand T~ ty first atreets, 5 TO INVERST IN FRCOND HAND ¢1¢ 5.000 lng.—Genilemen deairoas of coneriing of surplus elo into cash, c8n O8ta'd Rity per more then else wher calling on oF # nie Uhele me to Fame Moronny, 470% Pearl siren,