The New York Herald Newspaper, June 18, 1858, Page 2

iE | Hi g E i} 32 i H Hs HG i : ze fi ; i z i 3 i i r : E3 i ie rr Bz HE t i j i 4 ge E iE ton, rejectirg the woes on al (orvign questions, has made pubuc the oilicial. communications tbat have passed with Lord Napier, as well as the tostructions sent to Mr. Dallas. But for these documents the Enghsa people would probably perpen] the matters referred to He has since been sup- plied with the necessary dooume evidence, which he has trapemitted to her ‘8 go vernmert. Mr, Dallas, the American here, has to pursue a “most peremptory oraer to discontinus the practice of detain- tng and searching American vessels.” And, ae days lster, the American Minister of Marite announced that “‘the steamer Fulton had been ordered to cruise actively on the sorte const of Sate. sat = euch a as m © deemed necersary to protect all esse! Tana shedes so the igh seas from search or detention by ion."’ Other vessels of war any other nation. versols sre immediately 49 follow. Such, of al! the exaggeration ia which’ American journalists in- opwwicn entertained io tbe United States as to ihe motives by which we are sctuated. Lord Pa'merston’s y bas tation ip the American that statesmen 80 to shape his ects as to imply a hidden motive, The most maya! and jastifiadie objects tous be- wtme distorted by jealousy or fear inio laid plots Sgainst the dignity of the States aod their independence of action Our persevering cetermination to extirpate the slave trade, above al/, bas been rewarded as the mere stalking boree of an exaggerated amtition. Ji is regard- ed asa mere colorable pretext for the perpetual assertion of a mariteme supremacy, to which we would not dave to pre- tend in an opmand straightforward way Naturally, wo- der mericars affect to believe euch circumstances the A: their country men ents of our officers, and cupping evasions of wich provide for the suppression of the covered by the gereral claim of exemp- tion fer ve bearivg tte American flag. fhe com- mancers of sbipe are not always men of nics discro- tion, and, without intending to offer updue provocation, (hey eometumes conduct themre!ves io a manner to offend @ proud aod sensitive people, who bave been as eedatous. ly taught to believe themeelves our superiors as our own ‘pfatuated countrymen have been convinced of their capa- city to fgh’ the world ip arms. In bh a state of (eel- od with armed vessels of both nations craisiog in ‘bother ip the same waters, the slightest acci- Cent might briog about a collision, which a very litte world develope into a war. Is it mot time for the English perple seriously to com sider thecest ot which they indulge im the luxury of uni versal philanthropy? Ought they not to review their pre- tension to Gictate political morality to the other nations of the world? Years of persevering effort bave failed to eradicate, ccarcely even to check, the slave trade, and flavery, #6 an inatitution, is more fiercely defended than ever by the most powerful party in the United States Why ebeuld we be executioners as well as jadges? If the people of Eoglend, notwithsiencing ttoir failure to carry oet their benevolent design, still desire to play the part of benefactor to the human specics, let them at all events know tbe price they must pay in order to discharge that ploasiog duty. From the preseut state of our relations w th tbe United States, as todicated ia the instructious to Mr. Dallas, they may derive some very broad hiols for tteir guidarce. (From the London Post, June 4} : unfertepately bappeas that, with the best int @ worl’, and with the most carnest prof moiuai esteem and respect, England and the U are constantly getting into difficulties, which, if not ted with great moderation and Smmapeeian, way oy moment expand to the lmensions of grave and cos international quarrels, A few years ago the efair of the Car and the sudeequent trial of Macleod pearty brought wo countries to the briok of a war; next there was the Maine en A question which was fettled by the * Asbburten capitalation;”’ and during the jate Kursian war there occurred that foreign enlist mont dispute which ended in the summary dismissal of the Rritieh Minister from the United States territory. To whet cause is to be atiributed this jealous sensl- Dility on one or both sides—a feeling which, a'most wits out pote of warning, plunges the governments of the two couptrise into that ‘species of aipiematic contest which always becomes difficult of adjustment in proportion to wet of irritation which exists on thie or on the other side <{ the Atlantic. The policy of England iu refe- rence to {reiga patione is generally grossly misunder- stood or wii/aily Ciatorted. What object can this country bope to gain by offering gratuiious offence to any Power? ‘The aff-ovon which springs from efficity of race, the en- joy me { the same rational liberties. and the dictates of eeit tt for the people of America are our best cus- tomers), &i| copstitave strovg, epecisl, nay, over whelming reasons why Ergiand sbould abetam from aay course whieh, ¢ven unintentionally, might tend to alienate or fever the {riendsbip of her beet natural ally—the Uaited States The propbetis virion of the future destiny of Amcrica wb which a cotemporsry has lately been visit- €0, apd which it yesterday reveaied, may be interpreted It may be acoept-d and ewallowed in Ame- and timely compliment, or supp sing that, if Ceontairs the element of trutn—a rare occarrence in Greats of the night—it may lead the people of this coun- try to welleve that the consolidation of the alliance be- tween the two great families of the Anglo Saxon race is their best anc safest policy. Our wnfeigned belief is that Bngland, for various reasons, has lest desire and less cause to bluster, irritate and offend than any nation on the foce of the globe. Herempre i large enonga— ber power t Koown—ebe is the centre of the world’s commerce, and as & Christian mation abe reecogniees the important truth that unjustifia- be wer is & great crime. The very mat- ter whics new moves our transatlantic friends to irrita Lo 6 in ove ar} honorable two Fagland tba: it pro own.ng je a teeting of sullen slave trace American vessels of Beant Simply for the stop (0 the mont detestalae of olt treaty the United Statea have nd herself. urpost of putting a trafic wehert by wl mnly denownced as Dut in public iaw or well as im religion ‘This bi us to the considersting of ine rea! merits of the case, which now awaits the trea! ment of the British government In the fret place We mast observe that al! the state ments which bave re*ched this country are e their vaiure, and "uat. cou!d commusications ba’ received from W. de by the American hether Or pot the ines (he important indepeacently of ily ween koginad and the United SPator or ihe sudje ‘3842 by Lord Ashburton inton—that the ir. Wobeter. It contains contracting partion bail pare, equip and maintain on the const of wilcient end scequete equedrom, to carry fn all pet lene than eguty qune, for the euppression of the sive trade. The treaty says net one word om the sulject of the right (0 march—s right which we may add, ail the greet Powers of hurope bare mutasily con- Coded we far M8 ku of Aftios ie concerned. The omission was intentional. ihe Awericans, from the foun dation of Deir republic, hare always maintained the doo trime (hat the right of search dow nos exist in time of peace, Op the cther hand, Great Britain bas with equal ‘irmness maiotaned her right ‘‘to visit, in order to know whether 8 vessel pretending, for instance, to be American, and howting the Ameriean flag, is really what she reema to be Tease are the worde used by Lord Aberdeen in t roatch of December, 1941, addressed to the Amer ee ister Mr. Stevenson. The United States govern. n however, has never admitied any distinction dee the right of visitagon and toe right of srarch Re Gere the difference tw be rather one of dedoition ue ¢, and that ff is not known to the pe not admit the exercise of the o' tot ht, while the British government concedes that yp at Phe to be sone which © euspected vessal bears, any ' Mey le The 0 4 conse of pirates, where the * at coe is a branch of the Tt! may be perfectiy wae Wat the American government ass refused oF peg: | } ir Hi § i F 2 3 3 s i E z i § i it, E netat Washington may to a great the ‘and ‘of the Biates; tat what we say in merchantmen: = i H and cverhaul bis | z g i esa conflict an the two nations whose interests and affections ought ever to be identified. From the London Times, June 5. Are pee. to “go on? for eer) with ans oh eevee 2 me gipmren J — asked wered, too, because in agreat State ours everything ‘goce on” til Iti: stopped, or till there Bap glare Stn S's” pus " oo . Otioes in church and Stete, sinecures of ali kinds, but a Ducks muzt “go on’ as long as pen, ink paper are forthcoming. Put fm tho case of these lave trade squadrons there is inducemen,—9° mary ©! commission, so many cfficers in employ nidnt aad pay, so many arcert minds longing t> read their names i Fe ip the Geselte. We way depend on it a thing of this sort will “go ov’? moch faster end further than we reckon upon. The stokers will feed the ares, tie down the safety valve, and the train will rush on ai doubie express speed till it deas itself in @ cutting, topples over ap embarkment, or dashes tbrough a station into a populous theroughfare. There can beoniy one end cf such careers [i is the oldeat lesson te “Lock tothe end,” See betimes that you till it is too lote. Many a captain has per- n80 a widdy cals out to the Lieviensnt om the watch, “Breekers “abead;’ ‘“Norssnse! it’s the light of the moon ’’ Ip one minute more the middy has recoverea from the rebuke, rubbed his eyes, looked barder, and again feels emboldened to ory out, “Broakerg abeaa,”’ Before the ship has gome another length it is wedged on the rocks; it has “gone on’ too long. Ts it necessary’ to add to what we have said be fore om the olwvous certainty that this anti slavery cru ‘sade must come to an end? It might ‘go on’ jor this year, or the next year, or for ten or twenty years, but any one who thks for 8 moment on the character of tne Power with which we have priocipally to deal must see ‘not only that the end will come at come time or other, bat that the longer that ed is staved off the woree it will de, It ig the fast growing son or younger brother, rather lub- berly we may plesse to thiok at present, very saucy , sel!- willed, and more free for phynical developsmenis tuan bound'by moral ties. Lat us net quarrel over much with this diengreeabig stage of existence, for it belongs to the youth of men snd of nations. But this same Power must ime day heve fifty times our territory and ten times our people. Besides receiving year by year from the Old World the population of an English county, i& is more thrifty of its borncitizens than we are. It bas no ‘armies in Irdia, xo fifty colonies to be garrisoned, no im y in commission—ecarcely even the pretence slave trace squadron. The time must come when, invincible as we may be on our own soil, our cwn shores, our own seas, and anywhere on equal terms, we should have to contend with the United States on very un- equal terms om their soil, their shores, their seas, and gene- cally in the New World. To this must be addea the great peculiarity of their political constitution. It is by nO means settled out there what the Uricn may ander- take and promise, aud as in this purticular affair the anti slave trade treaty is against the conscience of many of the States, and the interest of nearly all, it is vain to expect that'a thing of paper ink will either compel the Union to sacrifices or the several States to compliance. We see not whence the virtue of fidelity and ccnstancy is t9 come; or where we are to look for the | patriots who shall stem apy tide of ete oe | at alleged “British outreges.”” That outrages are | very got up affairs, tbat our cruisers have plenty of work w do, if the treaty ts to be no more than waste paper, and that every Yankee +kipper bas ap interest in making | & mountain out of a molehiil, we grant to those who ! from these covsiderations against boing bullied out of a | noble cauge. But if it was necessary there should be « treaty—if, in order to eucceesful operations of our cruisers it was necessary there should be any understending with the States—‘ben, we eay, itis quite obvious that this neces. eary condit‘on fails altogether. The ground sipks beneath our feet. It is not that skippers are pouring {9 complaints and demanding damages, or that shipowners and the weraily aro ettire up Dreeze, but that there government of the Union to the alliance is between British enthusiasm and Awericen decency, We may ail pow see what that do cepcy bas done—*‘pot one capture against fifty of oars’ — and what tf ts likely to do against the combined passion of Southern planters, Northern merchants, the shtpownert of the whole seaboard, and the anti Britishers of the whole Union. Of courses, we shall be told these are the conneels of a coward, and that we are setting @ terrible example of Fieldirg to the argument of might We might aimost concede this We might even confess ubat, if the treth must be spoken, we sre yielding to & still woree argu- ment that of might e ore yielding to the ar. gument of the United States government being neapable of xtanding its ground againat the passions of ® populace orthe interest of a class; in other words, to the argument of superior weakness and immorality. Bot there are cater in which courage is mere foolhardiness; apd there are elxo cares in which we incur not only all the risks of our side, bat alzo those of the antagonist. ‘There are pations enongh and occasions enough in which we may show the courage of our race. If avybody doobts, we may Tolnt to India at this moment, where we are fighting meainst as grea’ difficulties and odds as those encountered by Cortez or Pizarro. Bat even courage iteeif tf it be not unnerved, at least listens to the voice of nature and of reason when it face to face with its own flesn nnd own kith and kim. Who are these people, so unrul; provocative, and eo glad to pick a quarrel with fare (hey upon whcru mere animal courage would goad us to an internecine war’ Thev are those who have already been worsted in old home quarrels with us. They are a teats, dinnosse@rad cot men of every case, Who Dave ress and fu! of the Old Country, tbe worst of all being that they inberit Our restiers, moody, {li contented nature. it is an old gredce iheee vouy fellows are working out against us on erican ventage ground. This, then, ie rather a social than & potitical quarrel, and es \!] an oocasion for herote | courege as @ quarrel with Ireland or the populace of our morale, evil must mot be done that goo! may come. | of toe lave trade waa conciuded in | ish cities. it what is now to be done, and whei is the danger that preeees’ it is empty Ker Of that cflicial ris momenti ich “goes on’’ with whatever it has becun. Greatas ia ‘be power of office “nct to 40” a thing, ila power to “go on’ doing it te still greater. At this moment, it would seem, from the acewer given the other night in the Commons, a mirebief is operating, ripening, coming to a head, and producing, righ'ly or not, @ serious grievance os the Atlantic, withont @ word of communicatian with the British government, ond withoul any kn noledge of the matter emerpt thre neh t m pers. Will our gov- ernment wait till the nce hax featered to the regulation soreners? Wall it 60 netlving (ill, in the course of ammonth or two, there arriwg rimulianenurly a dry report ome from the squadron and an angry demand for dai ‘om the American jxvermnent’ Something might Se now with grace and dignity. Six months hence wo nd the two governments irretrievably engaged fo a spondence er prodoving the angrieat feel on both *, will end in a sulky permission to our saucy young jo to do what be pleases op the other side of the Atlantic, We wish to act with Detter foresight than that What is government me 4 Mt had bert at once intimote to the American government readiness to take ony proper tere for obeiating future dis. ogrerment without sacrifiringthove principles of humanity recognized by teth governments. As, too, it it not prepared to vay that the cruisers have beem acting according tn orders, tt ought to express a reasliness to inquire whether they have dene © or not. Bot the woret it to be feared when gov- ernment knows nothing, when the grievance goes op, and nothing is doue to stop or to soften it. THE MONROE DOBTRIN DOGTRINE OVERTHROWN. Mons. Belly’s Nicerague Ship Canal Con- trect—French Ships of War to be Sta. Uoned on Lake Nicerngaa—OMcial Deoia~ ratte by Presidents Martine: and Mora thet the Government of the United States Petronizes the Pillbusters—Gen. Lama's Uitimetum Declared to be the Case Vrisarrt ‘Treaty or the Fitthusters’—Central America ander Protection of Mrance, Kngland nnd Sardinia, de, de. i fa (Jone 1) Correepondence of the London Times. | heve just received from Nicaragua, under date of the Ist Of May, the copy of convention concluded and signed between the governmenta of Questa Rica and Nicaragua on the one and M. Fekx Belly, acting on behalf Mitlacd , Of Pans, on the ether, relative te the con copsion of an nteroecaric canal by the river San Jaan aod Lake Nicarago cement i an follows — Ow fee propoetion O te wee Moly, Sad TUR A Tew ta ee __Ci‘;”NCOCOC(Cté#(U w#CCO#C#(#é#é#é#é#é#éwé#4wé#w | ____—ooooeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee po anf to international Folix Belly and M Pi itaadeot narey prepa a form oa the ‘broadest basis, and nations i #8 a i E 3 : § i i | E EEF ing in the Bay of Salinag. on the Pacitic, be recognized as practicable by tho epgiveers, this line will be chosen in by the compapy, the Pacitic, and by tbat fact tbe canal will become in its entire length the definitive limit of the two States of Nicarague ani Costa Rica. Sbould the contrary be the case, the limit will remsin ag it pow is, saving ulterior arrapgements. art. 5. There is accorced to the grantees as their pro- perty , of which they may take pcssession as soon as the works are begun, a French league of jand on each side of the line of the canal, to whichever of the two States the territory belongs, with the obligation to the grantees to make the survey, measurement, and limitation, at their own sxesea, of this double strip of four kilometers in ered as ono the course of the canal, and from that will become the property of the grattees fo the extent of @ and a surface equal te that curve will be granted to on the other side, either in the isles or on the the lake, at their own oboice, provided those to the State. Art. 7, All the mines of coal, gold, silver, other ral, situate and discovered on the lan - be granted to it by right, and on in $bg Jaws relating to mines ‘antoes BELL HE 38 5 5 a ww] dition country. fi Ait. 8, In roturn for the advantages the dertake. without subsidy, all the cost of the wa'pterar ce and working of the interoceapic Art. 9. Moreover, cight per cent of the;gross revenué of the working will Be applied in equal portions (four por cent for }), pending the continuance of the concession, to the treasuries of the two republics of Nicaragua and Costs Rica. eo. 5 The aes Lardner ge incommon grantees, their egents, ir property, against every sitack, exterra! or internal, under the es of Camages, te be Oxed by arbitration, and to be paid out of the eigbt per cept appi.cabie to the treasuries. “Art. 11. The two which will form the two heads of the capalen the Pacific end Atlantic are from this day forward declared free ports, and they will enjoy for ever all the immunities meant by that title Art 12. A lightboute of the first order sball be erected at the expenee of the two republics at each head of the capa six morths before the date of its opening, in order that the éeclaration to that effect may be made to the commerce of the worid in due time. But if the two repub- 58 Mea ¢emand it, the company will undertake the erection | of those I'g! |, Save COmy afterwards from the eight per cent applicable to the treasuries. Art. 13. The contracting parties Ceclare formally that the cana! shall be cpened on the same title to all flags and that an uniform taz, the most possible, shall be imposed equally on all merchandise, from whaterer part it proceeds. Thistow is now fixed ot’ ten per cent per mari- time Lg ye Icilegrammes,) and at sixty francs for person. company can never increase it, but serves to itgelf to recuce it ata later peried, if the reets of the trade of the world be not opposed’ in this spect (0 its own interests. Art. 14. As @ special measure, all ships belonging to company having obtained the grant, whatever be their will during ten yeors enjcy a free passage, provided they net carry amy merchandise for exportation. Art. 16. No tax cam be imposed, under any pretext Ss whatever, fer twenty years onthe lands, buildings, pri- = egricultural produce, or om any of the materiel of © com Dy. Art. Th. thie qrenteen aro exthortend to'Ber the Rio Oo- | Jorado, snd to ¢xecute im general on the river San Juan, on its Lrapcher, ite confluents and ite tributaries, as well e8.cu the Lake of Nicaragua, such works of art, barrage, embankment, dredging, &c..es their engineers may con- sider necessary to maiviain the level of canal. | Art. 17, The company will further haves right toim- | stating, Nations: pese on mercharts such regu! administration as it may think proper to publish for the good of the service, provided tbat the sovereign rights of o States of Nicaragua and Costa Rica do pot suffer apy | imjury. | Art 18. In order to meet all the requirements of its in- | tended purpores, the caval shall be constructed of such dimereic nr that it will be accessible to the largest ships, and ite width permit thoee ships to pass each other with- ont a the tate et the Art. 19 From the date of the signatare of the presest instrument a period of two years is accorded to the com. | Dany to commecce its works, and tix years for their com- plete execu! op, unless uncontrollable events occur. These | periods, moreover, may be at any time extended. | Art. 20. As it is just that the two governments of Nica- regus anc Costa Ric: meer Any So ny to the Board of Directors of the company, the Ministers of these two States sceredited in Paris eball be by right members of this counct!, and enjoy all the adwanteges attached to that periticn, with the eqoeption that they can have but one ote, v Art. 21. From the date of the po boaeghad tho first half yearly icstalment of the portion of the profits reserved for the toro States of Nicarsgua and Costa Rica, all mono: | jay porvirg to constitute nancial resources ehall cease | im there two States, and none can hereafter be established, of order and public commerce cr manufactures, war stores ex. | Art. 22. For the entire duration of the concession of the | csral, the customs’ duties at the entry and outlet cannot on the vaue of the merchandise. \gege Teciprocally to imme. y tako the pecesrary steps with the governments of France, Grest Britain, and tbe Usiied States, that the pentrality of the canal sball be guaranteed by those three Powers, on the basis established in the Clayton Bal@wer treaty Art 24 Ae long as this guarantee shall not have been eMicialy declared by the publication of the treaty to be copeluced for thet purpowe, the entrance to the canal bell be rigorously closed to all ships of war, and the States on its banks may adopt, in concert with the com- pany, scch meseurer as they may consicer necessary to case such interdiction to be eted. Art. 25, As scon az the pe of the canal shall be solemply guaranteed by an Act ewanating from ene of the governments of France, Great Britain, or the United Mates, the entrance may be permitted to ships of war by aD upspimrus Ceclaratien of these three Powers, provided the governments of Nicaragua end Costa Rica put no op- porition to it, and raving & previous regulation with the | company cr joy ing the copcestion | art 26. As en exceptional measure, and in order to protect the interests and responsibiiicy of a company wboee direction is extirely Frevch, the French government | ull have @ right to keep too ships of war stationed in the waters of the canal or in the Lake of Nicaragua for the en- | tire duration of the works. Art. 27. Every civil difference relative to the execution of thie convention sball be sovereiguly judged by a per- manent commission composed of two arbitrators chosen by the company, of a magistrate appointed by each of the two States on the banks of the canal, and of the oldest French Consular agent accredited in these two States. Art. 28, Every political ¢ifference relative to tion of this convention shall be laid before a arbivaticn composed of two repres ntatives of the com- pany and of a representative of each of the five States in- terested az puarantees— France, Great Britain, the United States, Nicaragua and Corte Rice—who shall pronounce judgment occording to a relative mejority. Made at Rivas. in triplicate, the Ist May, 1958, the anni- versary of Walker's capitolation. Pigned, and resled with the real of the two covern- ments, in the house which waa the headquarters of the National Art: TO! MARTINEZ, Presidest of tho republic of Nicaragua. GREGORIO JUAREZ, Minister of Foreign Affairs, JUAN RAFAERL MORA Preaident of the ropablic of Conta Rica. KAZARIO TOLEDO, Minister of Foreion Affaire. FELIX F . (For MM, Felix Belly and P. M. Millaad), The fellowing i appended :~ DECLARATION. ‘The Sepreme Chiefs of the two republics of Ni d Costa Rica, sesembled at Rivas, after baving | the questions which divided the two republics, and hay- ing recetablihe’ peace and the mort complete barmoay between ibem, with & Com Mon Accord, ana In order to se cure tbe Independence and eafety of the two countries, aa wel es of all the States of Central America:— Cone\dering thats fresh inves'on of American filibus- tern i till menacee the Independerce of Costa Rica and Nica ragva, in conte mys of all the lawe that protect nations and that guarantce the lives @0d properties of citizens in civil ned ecuntries; ‘That this in of the U nage, a America. if Ventral America intarily to the Unied States That bith in} agente of the United States ially reprobated ly the goverment weparing in reality under de pat. moans of definitively taking possesvion of Ventral efse wo currender itself vole et Noaragy ti accomplices and auxiliaries of ng se Maslers, and mudaciousiy hoistiog nited States jo ai! parts whore, aa at San Jaan del Sad, the leg of Nicaragua only onght to float, And openly menaced Central Amorica with an inevitable annexation That ihe Minister actually accredited to Nicargua beats tn public of peremptorily propesing this ultimatum—either the l gal peaession of gua bythe ratification of the treaty Case Yrisarri, or a fresh invasion of the flibusters airrody orgamised af Molile under the American flag ‘That, moreover, the governmem of the United States either on the produce of the country or on any branch of | bas, aconrding to Cficial reports made to that of Costa boy by Me Miniter Preuipotgatierg a Washington, dg ‘victims. 2. That 4. Fiat they bind themseives tn tho name wh eines ple to those Powers all the they may attach to their assistance, provided the public Jaw of civilized be extended to all the States of Ame! apd by force, if need be, om those who 0 sudactourly v it. In faith whereof they sign the doclaration. TOMAS MARTINEZ, May 1, 1858, QUAN RAFAEL MORA. a granted to cent convention with the latter republic. the headquarters of the force at two o'clock yesterday afternoon. There were present the President, in the Chair; Mayor Tiemann, Mr. Bowen, ex-Judge Beebe, Mr. Siranabas and Mr. Stillman. ‘Tho minutes of the last mecting having been read and confirmed, The Sxcretary read ® letter from Mr. Field, counsellor at law, in reference to thé Application mate by direction of the Commissioners at their Iast meeting to obtair his opinion concerning the legality of the act of the New York and Herlem Railroad Company in runnivg steam cars be- low Forty second street. Tne purport of the commanica- tion was that Mr. Field thought it would conflict with his position as counsel to the rallroai compaoy in question to give the desired opinion, especially as there are many other folicitors, entirely unconnected with the Harlem Railroad, whom the Beard were accustomed to cousult. Be thereiore declined to give bis opinion. Ab opinion of Mr. Noyes, solicitor, or the rame subject, was then read. Is stated that by tho fifth and twentieth section of the Police act the police wore bound to take measures for the suppression of all public nuisances. If @ train Of team carriages were to run through Broaaway, there would be no question as to the auty of the police. According to tbe Jaw no train was to ran scuth of Forty- second street eighteen months after the of the act. It concluded by stating that the ordinaoco is erciee of the ve powers granted to the cty, and could be enforcea against the Hariem Railroad iy ‘The Mayor moved that a copy of the opinion be forth- ‘with rent to the directors of the railroad. “«, Hice Gazette was going to fits.” A dircuasion of some length took place upon this case; ex Judge Becby warmiy defending officer Lindsay, on the ound that he bad been guilty of no violation of rules. pon the recommendation of the Presid iy Deputy Superintendent. other charges for roll call, &c., were disposed neglect of duty, absence from of, and then weot into secret session. tho Commissioners: The Fourth Ward School Site. SUPREME COURT—SPECIAL TERM. Before Hon. Judge lograham. Jone 11.—Hermann Korff agt. Andrew H. Green, Albert Gilbert, the Commissioners of Common Schools of the Fourth Ward, John Moore, James Farley and Henry McKillop, and the Mayor, ic. —Plaintiff in this case is a resident free- holder and a taxpayer in this city, and brings this suit in bis own bebalf and in bebalf of others, taxpayers. Ho sbews in his compleint that on the 16th of March, 1857 the trustees of the Common schuola in tho Fourth ward agreed with the defendants, Moore, Farley and McKillop, to purchase certain ines to tho latter at Nos. 71, 73 and 75 Oliver street, for Lic school, at the of $91,000; that not worth more $20,000, and could ‘hesed individually B ite ? {Fe iy He g Z Se a against the city could pot sustain city, when the latier bad not ment of any interest thereon. eny opinion of bie own, but dec! pn ag in accordance with thi "m. : a e° Hy i i i Muate and the Drama. Trauan Orena.—Verdi's “La Traviata” is te be formed for the Inst time this geeron st the Academy bight. Sete io Geet Gan Gazzaniga aud Brignoli, Amodio and Gaceier. Nimo’. —The Ravels are to give their last entertain ment but one this evening. Their selections embrace the “Fete Champetre,”’ @ divertiasement from “Figaro,”’ and “Mazalm.”’ Bowsny. —Manager Fddy tenders another very atirac tive bill for to-night. The entire str Of his excellent company is combined in the casts of “The Robbers,” “Faustos,’’ and tho “Lady of the Lake.” Berton's.—Mr. and Mrs. Clarenos Holt are to reprerent the hero se4 heroine in Bulwer's elegant play of the “Lady of Lyons” this even it. H. ig aleo to play William in Black Ryed WaALiack’s.—The popular drama called The Brigand,’ in which Mr. Lester ms made a hit in bis father's great part of Mattoo Faleone, is to be given with the comedy of “Americans in Paris.” Awenrcas Mcaaum.—Mr. Blanchard aod bie eagscious dog will perform in the melo drama of the * Watoh Dog” this alternocn, The new piay of ‘' Jessie Wharton” is an- vounced for the evening. Feescn Treatan.—Mdlle. Pirron, who made a most suo: cersful début at Metropolitan Hel! on Tuesday, in to ver form to night in “La riz Rouge.’ Two amusing vao- devilles are also cn the bills. ‘Tur Rrnrortas Barnes appear to be doing quite as woll an ever. Their respective programmes for this evening em brace a novel and varied assortment of melodies, bar. le , &o., and the panoramic farvo of the ‘ Hudson River Voyage’ at Wood's, the Shaksperean whimeicality, « He Wovld be an Actor,” at Bryants’, and thecharas- teristic plantation secne and song of the ‘ Darkey's Dream’? at Matt. Peel's, Orders were received last week a} the Portemouth Navy Yard to tranemi| to the Navy Department at Weehiogon fo estimate of the provable coat of fling ont all the abipe- ar nt the yard. The ship ofthe ie Ainbama, the steam frigate Frank!in (on th apd the frigaien Paniee (new) and Constitution (afloat) comprise the ver- tela there, making a force of two ited Staten steam frigate San Jacinto, Commander ‘The atoam frigates Min- Commander Nichol- ‘The Be)l, wen at Hong Kong Apri! 13. pesota, Capt. Dureat, and Mire issijpi, con, were at Bhanghas at last advices. ng New Ontsans Veinanck Commirrer.— ae Committees in Now (Orieans had dis Commissioner sent a communication to the Common Council stating that he had bought half barrel of chioride of time and five barrels of lime to pu rify the public buildings, which were feund in the most Pchy condition, and were cilenswe to the ae ‘gh dorheot, MUBDERB TEIALS. ‘The Cancem! Case, {THE THIRD TPIAL OF CANOBM( FOR THE MURDER OF POLICEMAN ANDBRSON—THB SUMMING UF OF ‘TRNTH DAY, it. Susu 11.—The People ve. Michael Cancemé.—At the sit- tiog of the Cours this morning Mr. Edmon Blankman, one Of the assigned counsel for the prisoner, prooceded to ad- Gress the jury on bebalf of the accused. He carefully and minutely analyzed the testimony, and pointed out several discrepancies and irreconcilable statements made by the witnesses on the part of the prosecution and the defence. ceeded cakply to sum up om the part of the prosecution, ‘and proposed to tho prisoper was guilty in three waye—first by evi THE HOWARD STREET TRAGEDY. ‘Tatal of Danéel Cunningham for the Marder of Patrick McLaugblin, alias Paudeen. COURT OF GENBRAL SESSIONS. Before Recorder Barnard. June 17.—The courtroom was crowded this morning aa it was understood tbat Daniel Cunningbem, charged with the homicide of Patrick McLaughlin, alias Paudeen, would be placed on trial. The most distinguished of the fancy were in attendance and awaited the commencement of the trial with interest. The Grand Jury having presented @ number of indictments on Wednesday, considerable time wag occupied in arraigning the prisoners. Ann Chatham, indicted for forgery in the second degree, pleaded guilty to the fourth grade of that offence, and was sent to the State prizon for two years. Daniel Cunningbam, indicted for the murder of Patrick McLaughlin by shocting bim with a pistol in a saloon in Broadway, on the 20th of March, was placed at tlie bar. He appears to be about twenty-six years of ago, wasdress” ed in a fine black suit, cocupied a seat beside his counsel, Mr. Whiting, and appeared t> be quite cool. ‘The process of empanneling a jury was then com- mexced, and at the expiration of an hour, the following gentlemen were sworn to try the case:— Wm. Wocd.., . Banker..,......... Wall street, Alfred L. Bristow .. Provision dealer. ..102 Waverleyplace. Bookbinder .......15 ‘The Assistant District Attorney called the witnesses for the prosecution, but none of them answoring to their namés, the gourt took @ recees of an hour, when Mr Sedgwick opened the case as follows:— GxxmeMEN Cy THe JurY—I shall detais but a it im opening this case, I shail very brie:.° sate 10 ¢ ESLDTE of the indictment, and the character 0” she wr as applicable lo the cane. The name of the defondact is Davie! ningbam (which indictment you are to try) for the murder or jitated killing of Patrick MoLaugh- lin on the 20th of March. You undoubtedly keow, or at least will be charged by the Court, that it is your province cither to find him guilty under the indictment, or of any srect-cr Dek gully Tho case la an actremely impertash greer—or pot guilty. case is an importa one, beirg che peculiar to the institutions of New York, and ene which it is that a New York jury abould pare upon; tbat every citizen who should read of i, and shall take the law from thin ‘cago, shall know the | exaot rights that they bi dence wiil be briefly thi That the morning, (the cocurrence having taken place between be apd two o'clock.) the deceased and the defendant being in a room of Mr. Allen's, (a place of public enter- tainment in Howard etreet,) there wassome difficulty, parsed between them. The precise character of the difficulty will be undoubtedly construed diffe by the defence ard the prosecution. The prosecution will serert from the evidence that has reached them beretofore thet it was mot of a malignant char- scler at ali, and that the defendant, bem, krew that i was not; thai the end acts that passed between them were words and acts that would paturally cccur between the those circumetances, apd which toc defendant bad a “oe to expect from the surrounding circumstances, that difficulty eubsided, but again arose, there being Tar maignity sbown by ap: of words, that just before me friendship, when the deceased anc others, opt ingbam participated then Jooular | fs a pace, that C leaned cver, simply putting bis Copningbam, drawing bim towards ment the defendant drew a ope, two, three,” and abot determice is, whether or not the life of any man, whoever he may be, yet siilla human being, having a'soul, porsereed of rights ou earth, ‘a fearful future be- fore him—whether that life could be takea at by the violent ect of the important te society that that act fered, or that McLaugbiin'’s life the evidence that has the pert of Connirgham in using this end carried for evch @ berpene #8 that fo tered ipto this combat. The prosecution ingbam wes not excused ia using the pi od mains for you to say, under the evidence, of what degree of crime he is gui’ty, whetber of murder or manslaughter, in pome of the degrees of that offence. Charles Helms eworn—I am a gas fiter; I was attend. tng ber fer wr. Allen, 13 Bows street, on the night of the 19th of March, think I firet aaw the defendant between is Ou night; the frat! beard wasn remark made by Mclaugh- lip that Morrissey was ad—-d loafer; don’t know wont called that ont; Jorg; the entrance ts from thiee doors frors the street to a In the room, but am pot certain; the hext thing I noticed wars scuftie, when I think that MoLanghiin bed beid of Conpingham by the collar, I beara Cun Dinghsm say at the seme time, “Let go of me,” I busy attending ber, and dia not notice very par- : heard then which I could pot hear eninehem came bebind the bar; Mclangblin wade an effort to get behind the bar, but his friends, as I tuppesed. endeavored to atop him; he ; Leonid not 3 eee He & 7 i i i i ie wal next Lsaw wes when McLaughlin was stil, talking, to whom T Dot en rieoner much, because I was very y m first came bebind the bar I did notree him haveany- thing tl haf ap hour afterwards; I could not say what McLougbiin raid, ar | was engnge’ attending to tne cus wmere: [beard Molaughlin’s and Cunning "8 voices, but did rot hear what they said; during the talking VcLougbiin, or “Peudeen,” cavght bold of Cunningham by the cont! I saw that; Icould not eay wheter it wae before or aiter that [raw the pistol, but think (t was af- terwarde: when Cunningham said, “Let go," McLanghliin ¢14 80; MeLany at. ‘The rext time I see you I'll z z $ i g i i ningbam ceid % putied outa quarter of a dollar, which T took up; Mclaughlin, Mr. Yourg and Mr. Hill then started for the door; Bill seked all bands to have ® drink before they drank; the and iy dcn't remember anything after that til] the chot was fired ; the act ef picking up tombiers bebind the bar at 10, 1 did por look at the prisoner, butaaw Mclaugb- rand fall; I eaw pothing of the wards, | caw the before they took a drink, but not say bow long; it might have been half ao boar or an bour, | can’t exactly say; Conningbam nad the pwtol by bis aide standing bebind the bar, Mclaughlin wee in front of the bar, detng nothing: T did not pee Cunninghsm 4o any thing with the pistol; be bad it only tev minutes: the pir- tol wee hid by the ccunter; this might bave been bail an hour ¢rap bour before the firing; 1 think Cuningham wae bebind the bar ap hoor and a half aitogether; | don’t recollect of bim saying anything curing thet time but Let go of me;" he may bave said something elre, but | éo wort reodlect: the deor of the ball room at the rear of 23 Howerd street was open at the time. Crces exem ined by Mr. Whiting—The bar and Ball room #76 che And the rome: there wea no other way of encape from the recm save by the door of No. 20; MoLanghlia ‘went by the name of Paudeen; I never beard him cated Melsugh'in, be was in the habit of coming to that place; T did oot know what bis beriness waa, or whether he was copaged in avy ce pot: it might bave half an hour after he came Loy Tg or — wre talkirg to Me. Petrie; reason why went ebine the bar war, that Melangh!in made an effort to get hold im; 1 wan steading in the centre of the bor, Cuppingtam passed me and went into the corner ae 4 got into it; Lonly raw MoLanghiin take nybam once; I don't know whether they hen the shot wae fired; Paadeon was « na a great dea) larger then Cane inghem ; 1 shonld think bo wea ® very strong mam, bread shoul- dered ard taller than Cunningham " Q Was be what ia termed a fighting man’ O@ected to Me Whiting arqued at great length aa to the propriety Wat ¢ che question, maintaining Ueet if Campi ogham 2 Aci Theat bealy injory from MeL auyhim, Krow To the Court—Paudeen did not touch Cunningham when Geran) whomeen hast. recotlect of Cunningham wr. — bebind the bar, saying that be wanted to got out, EVIDENCE OF PATRICK MACKAY, Patrick Mecksy eworn—I board corver of Broadway and Leovard atreet; T was at Allen’s on the night in question; eee there; I saw ry the south side of ttt) fa 2 i | 35 efi +r] adn i 5 j i eee. best Cupningham said would bet him betber they bet op bot, talk Jaa went over to thing I bee “ — pel ocut; he strug, you, I want you to burt me;” theo I saw nirgham three minutes Seo what McLaugblin did hp po aw the 100; about ten over te B elke. The direct examination peso the Court adjourned to meet at eleven o'clock om ay. — TRIAL OF PATRICK LALLY FOR MURDER. of this witness having brea com- Conviction of the Prisoner of Manslaughter In the Second KINGS COUNTY COURT OF 0° AND TREMINER. Before Hoa. 8. B. Strong and Associates Emmons amd Schoonmaker. At the opening of the Court yesterday morning Mr. James T. Brady commenced summing up for the defence, and contirued until 10 o’clock, when 8 recess was taken. On reassembling Mr. R. W. Peckbam made his closing address for the prosecution, occupying about two hours, when Ju¢ge Strong charged the jury, in substance as fol- lows — Couneel in the case bad Jaid down the rules of law se generaily correctly that a lesser duty bad devoived upon bim than otherwise would bave dove, It was no faait of the prosecution tbat these men had been the subject of a Joint indictment. They would not, be was sure, pay any re- ard to the eacitement which may have existed outside, Dut they would decide upon the evidence. He would osn- sider whether tbe death was homicidal, whéther the priscper was the person who etruck the biow, or whether it was struck by his associates so a3 to make bim lable; end thirdly, the degree of guilt, if any. He would netge into any lengthened dotails of the testimony, which, hew- ever, he carefully reviewed in its main features. Was ‘the Ceath accidental’ They had heard the testimony as to his familiarity with the place. If it was accidental, it mut bave been from falling down the stairs. some obscurity in the evidence aa to the there was in the ball or entry. It did not a; ‘was intoxicated in any degree; it did not had drank more than once or twice, which bly bave little or no effect upon him. They the wounds described. Ove physician did not could have been caused by @ fail. Ayros, who exemined at lengin and carefully, said it was poasi but vot probable; and it was safer and better pe see ii te i E rf i { Wee it probab they are topocent men if they had seen Mr. Sithonson falling down the steps in the manner described—a man with whom they bad been driokieg oa frisadiy terme thal tbey would net bave tod aseinted Bim. this in co@nection with the edmiwion te ene to suspect and Pharged with pig whether fore. They (the jury) bad they remained ip the acme conversation. i 33 i F Hs i 4 & i i done } ; i | | *s ks i ? i 5 zg HE 5 € : il probably rewalt in death: then it sirock blow. as the blow of eech and all. But if there was then it would be only it. They would take ail ‘nto conaiceration, and should : i go Tet to take it, it ot manstanghtar in tho fret If it was by pushing di ras kavekles,” it might be ia “a gree, the staire, or by crorl and onueval manner,’ and cowe within the second Copgree. te (the learned Judge) did not consider ® blow | with the naked fist was ® crue! and unusual manner; | end If wee not within thet, as here was no pretence thab {wae justifiable or excusabie, it would be mansiaughter | 1m the fourth degree. Mr, Brady excepted to the charge in every Instaves tm which Iie? Hover, hed said where the weight of ' 4 feond, and he asked him now to crssc ore at iney were to presume the fall wes aoeideatal at Ht was Dot. | J sarge. rurtber ‘xcepted to that part in which he ebarg- 4 that they were to be guided rather by probabiisiew then possibilities, end thet, in circumatantial evigeuse, where a possibility existed the defoacant was eptith “ihe Goort refered #0 to charge, except that in all cases of doubt they were to give the prisoner the benoft, Counsel excepted, aod then arked aleo that be would ‘that the parties being together was no evidence of community of design. ‘The Court refined eo to charge and counsel excepted. ‘Aw to charscter, the Court would charg that in cages of doubt it war very Important, The jury retired about ten minutes pact five o'clock, with directions } bring io & sealed verdict unless they sgreed before seven o'clock, til! whion time tie Court took a recess, Seven o'clock.—The Ccurt reessembled ani the jury came into the room with a yrdict of manslaughter in the moond degree, Judge Streng etated that be would sentence the pri- soner this (Friday) morning at ten o'clock The jory egreed ehort!y before seven o’el