The New York Herald Newspaper, July 11, 1859, Page 2

2 federation should pot make war on each other without the Diet interfering to prevent what woula be areal civil Austeia bad the skul to avail berself of Maks is of bbe Arst importance, aud to array Ib against every liberal movement From that commeorad tuis ro. ‘ction which bas lasted forty years, of #hicn oae of the most curious epides is Cougesss of Carisbed, which assembed ims 1819. By severe regulations ia regard to the press, by an organized Surveillance ip the uviversities, by the Coastitutioa of a Committes of the Diet cha ged with a general wyeten of Police, Austria crested that force of repressing whica 449 desired to act tn all the German States, Soe converted tho Diet into a cove: sige power, ag Well in the Laverna! as ap the external pot of view, reserving to herself tne reotion of the Diet, except in dividiog that directive with Prusela. Chia v8 the key of the inner biswory of tne Joafe- deration for pear haif # century, Proseia bas rometimes seconded this work of rasction; | bo} it must be remarked that it ts mot essentially ia toe matore of Prussian poricy to combat Liberalism. Cas ox Pression of public opinion is ao additional strongta Cor Pruséia, aud that is proved by the coastitutioaal guvera meat which to day exists at Borlia For Austria, re sreesion is a system and almost a necess - ty of ber situation. With races of diverse orig'a, with poya> 6 Of different nationality, language aad miod, aus ‘tria has aiways to dread decomposition oy mesas of Liberty. Toe privcipal cause of that sicuation we Li ‘With her other populations Austria might more eas’ gree, and form a great bo1y which liberty would ¥ Fity Hence it follows that far trom its being & direct aad esseu- tia) terest for the Germanic Cvafederadon, the taverial domination in Ita'y vecomes, oa the contrary, & Gauger, it being the strongest incentive to a policy WhICD arrenge Germany ip ber libera: developement, 4s well 3 In bor Bitempls at national orgeotzatioa. The cifference setwown German interests and Austriag Intoreste ts remarked vot aloue ta Francs, dat Dovous (2 Rbine. There receetiy appeared at Borits * pamoniet ea titled “Germ im Ag'tation, and the Rignt@ of the Jeowa of Hapeburg” Toe aushor inquires iv woat respect Ger mieoy 15 iDberested in he Maiutanance of Austriaa power Be eska what bas Ausiris doce for Ue saves hor eorieniog herve f snd aggraudigng Derself, #iuout Profit to the common cmotry, aud rometines at bor ec pense = Woatcan aus ris do to-day for Germaay? “Sas prowents hundret vuluerable porate,and pws Btretebed toward and that iat» overcome the reeistsnce of ber Loa fermi pro vinees, Ten years ago Buogary fought Austria ag she did in the ume of Rakoozi Twelve years ag che nobility of Gatlicia were maskacred by the peasants 4t he instigation of the Austrian oureaccracy For neas half a ceutury Austria saicd ta Maly; bac withous doing able to govern the country Expl as a territory just ax quires by conquest, aud t) Gefead the ricaest proviaces of Rer empire, she ex eos more movey and meo than iu Provinces cau give ber ie tea 3” Grant, fora m+ Ment, that the Germauic Uonfaderation fly t tue sup.0°t of the uppertal powor in lts'y, aod place itself io tue Trout of war with Frans, (ve [tala question, may, 1% i fe, De eflared for a Ume; Dat Wes Otaer Com ce ow Up, more exciting Qoextoas arise through tos 8 ity Of war OD che Po and on the Kbine; and wailst Austria is diencaged «om Ttuly, Germany tux to dear the pring pal weight the cintic Let us goa step farther. Is it reatly certain that wasu Peace WoUid sbine wgain, thowe small Saree woicit wi LOW sgiteted would uo: ve the dret rictins, tria berself would pot debver them up 4s ‘Baye ber Own iwterrets 00 other porot ? Hoe, then, has thie German agitation been craatet? Doudtless macy caures ecootribated to Py, TUDEAEIDGES Dok Desa the generous Priaciole of the mo meant, but baw oot aivel the soeelemsat, Cos Laos ria) Cabinet face # racKe sud duwimitar auciliaries to in Bristocracy of the souin of Germany, waich nas larg possersions 19 Ave'ria, ia radicanem itself, wach has foen new gimp» & of 4 generat upset reopeao! by s vowweresi war aud ia & matttud> of imtoreste of industry aed of sdecutstioa that nave flowed for som years to Vieovaand which are gow menaced — [tis tuys Bhat this agitwoon te deroioved, aad thas Gormany pre Ben's the KvEctuc'e OF @ CONLKTY Where the excitement 1! the greater to rhon 45 tbe States are the § natier Nagcau is efe-veseve —avover i mu't plyiug proposi tioua to the Fravk’ort (ret, aod Prosar bas not, up to thie time, departea trom & solicy that ie ful! of reserve ant of moveraton Woev it was sought to give to whe federai armaments the stam. of oosihty agaior: France, Praseia exer ted herself to Marutaie @ defensive character for sam armaments When the Court of Vieuoa atiem sted to cva Rect with the Age rian Uitastum the military measires Bdopted ia Germavy, the cabinet of Berlin aasteved co declive that eoiicercy We do not meso to say that Proseia has not her own per. Plexities, wach Were recen'y EXpreeted 10 thy debassa of the two Chambers, Nevertneices, truih requires tt to 9 Bald that Pruwsia Coes vo. at ut! Deleve tac (a2 aplidarity of Germany depende uyoo the imperial domination io Itey. Tbe speakers who have shown most fecitag agains France bave pot coperaied that Toey have repaniate! for their country the 7Gl- of suxiiary of Austrian poicy ‘Dut im decenng that 76l- Prussia wishes to preserve the Fight of bereeit, Oxinz the mit where Austriaa interests Will come to be mix- op «ita German interests ia the Ttaiiau war, aod ip this atttode ehe probsbiy sees « means of interveniog more eff-ctasily at ihe desired mo Ment, to bring back peace. Tnat is wnat she catis the really German poitcy One thing is certain in the midet of the pressing con junctures that surroond ug, and tbat te, tout the [alia question, which all efforts sbould tend to etmo'ity, acd ‘which Austria ulone has avy interest in complies'ing, 'mev Decome a means of strengthening the eqailinrivu of Ga Tope tostead of placing ii in peril If this hatian ade Reepce, woish ougot to be the aole onject of tas war, ad existed loog sivce, flods of pumen diood m gat aol Barve flowed To ti tet@ ui! intereets and alt policies Eave come to conta As@tria has summoned France Aud France bss eum oagpe@ @ystriag Said a diplomat, for'y years ago, * Tois vi @rays give blood until (taly left to herecif sud a Yoreigners De exciuded from it * Thus itis that che nevessity of the independence of Italy Eprings out of history even, Not a8 a menace, but ag anes guarantee for universal order. MOBILIZATION OF THE PRUSSIAN ARMY—THE MOVE MeNv IN HAMBURG. {Hamburg correrponvence (Juve 2) of the ladependaace ted for the New York A#xato | f the Nor.h O° Germany have got yet thelr ‘armé o SeCIDS DOL LO DE BO Lear at LAOd ar bad been anvouvcea The troops of the Dutcnies of Holstein, Lauenourz, whi also form pat of that cor 9 Bll remain io the’ garrisons of Copenasgea and tue Danish Isies, #bere ter have been siace 1852. We see simosi di) pack bere Dumert us traogporta 0 Dorees, bought ic ths agri uitaral disericia ia ovr neigbborhoos, for the ceva'ry and artillery of Aas tria and of; States of tne & of Germaay. Che district of Jurland alo borees in the at prereut the breeders must bare realized from six to seven milliovs of frauce Immense quantities of salted moat have also Late dougdt for the Germao smies The Hamburg tors, who have unsertuke to provite toe several fadera fortrestes, buve been 80 much pressed by the demauts We DeeD ODied to erder large quantities of from the United Staves of America, O« Steamers which ply regularly betuxen cur port and thu Uf New Yurk, nm from tw ive fourteen days. offer many facilitres in that Fespec!; the vast steamer brnwght us bor funcired toms of vassd mon!, which w-re Immediately sent ¢ the federal fortress of Ulm, Rastadt and Muy-nce AN DSFENCH OF THE UIRCULAR TO GERMANY. The Nerd, ot Jane 22, commenting va the cirowur oF Priace Gortschakof! says toat Ruseta bat 89 muca more the right w remio4 the federa\ goveramenisof the correct principles which they seemed dispose? to overiook, U Bhe has alwavs g veo proo’s of how mach she is coacernoa in the integrity and the independence of Germacy A ter having quoie: the articles 46 2u9 47 of tae Gna! ct of the 15ib of May, 1820, tha Nord conciuder as foi lows :—Let Germany remaia therefore in peace Sue ts ‘ot intereses in the [taltau war. Neither her rights, her interesta, her security, cor her iodependence, wii snifer from the just reprisals which war cow toflicwe upon Austria, vor by the deserved disporsession by whica she ts threateucd. No real, eventual or early danger can result {rom it to the Confederation, The datier bas, therefore, no right to briog to bear its exclu Bively defeonive power Tf it interferes, is wili subvers ite wetKutions Nd Violate the treaties which have estab Jisbed itas a means of defence for common interests, aod Ot v8 & tool of utiack for the deuelit of private iateresta At will shew tbat it is itssif a real danger to tne equipytae Of the forces ao’ the Powers of Europe Aud the great Powers, exported by that usexpected revelation, wili pave 20 devise means to force it to reaxsume the rile which ine treaties bac aecribed io it io the midst of the great politi- cal combinations upoa which the presest systim of Euro. pean public right is founaed. {Transiated from the Zeitong for the New Yors HERALD } It may certainly be regretied tnat foreiga Powors oc cupy themselves about tne attivude of the German Powers, and address them advice and warviugs But the Great Powers are tbemecives in the same predicameat apd we would have moe reseon to complain if Russ'a, for instance, Bboul’ a) a Certain Moment declare war Ageust the German Powers wivout having fret wareet em There is, theo, ovly a question of the form aioue of th proceeding of the Rosaian government. Now wnat orm ja not offending. cot even in ibe flast parazrapo, meaning of which will be uudersiood by every > As to the covteuts 0° the desoaten it would be ditl to find fanit with it. The opinion of Russia 6 also that of England; and, we confess t,ot the wavle wit We Germans live in comvietve retirement about ‘oply among us that people are sympathies wbicd cau be understooi, altuougn they are Hot Fupporied by reason, have wishes for th Of the foreign Common uf Austria in Cypor lay only amoog us shut mea are mst Wao look upon Liane as croking frogs, hich rboult be ¢ poles When Wey Care Lo epeak OF in epsBaoDL® ‘Ob condition that France Cows uot make canqaaste in Ttwly, ali nations degire the independence of tae Tis'iaus THE HUNGARIAN eee MC COMMENCEMENT OF HOSTILITIES ON THE LOWER DANUBE--GENPKALS B1S® AND VeTTER AT THE HEAD OF & HUNGABIAN CORPS IN THE Dan BIAN PRINCIPALIN LAS. Private letters from Genoa give ws moat important in- formation shout toe movement going on in the Daauvian Principalities. It if wei) known that at the moment ril the Austrian armies are occupied in Ttly, the weakest Bide of the Ausirian empire is its castera frontier. Nob only the chiefs of «1 Siates bor % tue Austrian pro vinces of Transylvania, of the Wo'wodina the Bonat aad Slavonia, the Prince of Montenegro, the Prince Muosch Obrenowitch of Serbia, *7d Prinve Sour of Wallach Moldavia are decided evemies of ibe Austrian government, but also the popalation in Tranzyivanis, H ingarincs us ‘well as Roomaios, aod of the Booat, have bow for slong time in a great political excitetnont agalont Austria, favored by the liberal and insurvectionary movements in the neigh boring Turkish provinors, by the secret Hungarian praos ganda and the open prowesion piven 19 thein by the newly establighod government) of Seroa and big Priaot (palivion. ‘ a} ‘The Hungeritn Committes, Intely to London, new in Go | Deve, bet, thererore, for a long time, iced its apooial at: S.ntion on thts poms, where, for ever Der of tho Huvgeria: otloors of Ib48-'44, Pungerans, refogees, had found covwpadoa aad liveral Protecion. Besides, is 6 Bo Becrot—eveR Lo the ASE .+ POVAFuMenI—Lhas HO Ore Hoe Of Whe Vast REpICS 18 Mae lackiond so goooral toaurrecvon, aed more atagted COMMHCe 4&0 losUTrectOusryY MOVemens m Buoge thao f Wwonta Toe rich Hiogariaa pony of chis Couvtey—tde Counts Bovhion, Laver, Toei, Maller, &o , &o-—are merediuary easmniee of be bowse of Ase Toe Wainod (KoumAIG) pspaadoa, 00 mical to the Hugsgariams ta 1848, have com pretely changed their sympathies and natipatiios ; tae Deevy tases, We LotOduCKON OF tae tobacoo M@oropoy, the Oeatrucros and 90 tedmoas OC all vid privin | pow fuldimeat of the Oriltaas prom 0d 1si8—viz : permanent freotous fom sexes, aistribution of the peooerty of the Hunger ten nomes, ovaplos adauition of (de Rotot #itvout aay totemeny—n eve reodered tasse Ol Cofencers Of Austria sat Asosourg vee more Hostile theo cde Huegsrian Popuiation of thia ooaatry, The mou esa nous Cdarecter Of Treas; tveaia Cevors very mucn the military Qperauoce of & smal pody of insu grow Almost ail Auogarina re: wus eat tusarrec- 1/08 bad their begtnatag as #eil as Caste inst Cony uisio! th tae Alps ano foreece of (nis yrovince Phe Clroumetacce thet the gariisoas of the towns aud fortrowees in Transylvania cousiss alas, exclusively of Isai, SeDt from the seat of war wo sbi remote ooaatey wil ano Coolidyre to reader w Huegarisa igsurrecion more Caogerous tRere than a: re lao. Toerefore, for several weeks tae formate of @ Hunga- Peo COrpR Wes CeCl ed UOIA, Kad bh leaterebdip of tat Perk of the Hungarian movement was entrusted to Gon Vetter, well Koven om tae pre of the Arleaite, and ¢o Gea Kies, #00 war io 1848-49 coamacder of the fortreas Of vetor warcew te Hi vy. The inet DEE as Lo Ke NCtIVILY Of these cero Vary able moO Very pate genersis a, that the formstion of the Hungeriaa corys of Wariwohia was accomovaned, thas tae Core te marching towards the Ausisiea (roatier, Bat Cast oor wenwer Craveyivan's Oy oa» ot the mountata pensee by Which the Kussisos oatvesd ta 1829, berry ove il coterstaat tay aga importance of thie rovomert, the operatuos in Tey aad the tamenss extension of the po rical im>rugt@ ta Coatral Kuro, WOick will eosue from it THE LINE OF THE MINCIO. STRATEGICAL VIEW OF [7S DBFYKNUES AND IMPORT- ANCE. “he great plain betweea the icine aad the Mincio offers DO ad vantages for Ube defeasive operatious of az army. ‘be lines of the Adda, from the Lage dt Lecco (the esst- ern bay of 6be Lago di Coms) down to its couflueace wiia she Po, above Cremona, as well a8 the lines of the Ogito, from the point where it ivaves toe Lago a’ Tseo, naar Ber. eofurte, owe to Mantua, woere tt rucs to the Po, are too extevsive, and beve too mauy practical fords to offer © eu army @ sufllveot support for attack, or a suffisieat pvrowetion for retreat Tuerefore, at least ia modera umes, Do great battle Gecitiug the fate and possession of Utstly bas been fought in this piaia of Lom. bercy. The Adda could be for some days a line 1 support, if the army watch takes it for tho basic Of operaicns be tn gossession of Lodi, Pizzegheltone, aud Hu 2a, Out evem thee the line is tue exieanire + cefepee sgainet the gerione atiack of a large army. From the little rivers ruoung paraviet wita the Adda oaiy tese (#bich flows ou: from the lttle Lago a’iaeo, Jos Dear ASol4 ch Ozlo) Bae sous eirategicnl tan but tt Delonge alreay to the strateg ca! lice of 1 Maelo, WHOSE Fidea tt msy be criled, being pralicl to (bie river at a aistance of gos more than ten or twelve milee Hue Mlocio leaves at Peschiers the Lago di Garda, aud t ia tpoumerahe crouke to the upper Inky pre) of Mantua, Jotetag tae Po afier caving ke below Mantas (tbe Lago laferiors) Uy ww & river preity large aa dovp, aud otf-re onty one or toro fords. if tbe raies have ceased at Isast for severe! Weeke—'bat 13 to 887 ry dry easaon. Bat agreat b Mer Of islands aga isola favor the laying of poato cmts It wecrosset by dve standing Borghetto (opiotit» Vallegio), Guitu, over the lake of Meotua, But are fortresses; Rivaita te atmost vover the oanvoa of Maatwa, an, therefore, a lige of onig erxtoep Engieh milee tg to be defended agenst aa enerar FG Comes to Crass the Mieco «Below Maniua, from tne axe to the Po, t 2 of the river ix caly seven ails, sod this part 's defended ead p-ulccted by the souibera fort of Mantua, by Pietoli mportaaco of the Mincto, therefore, lays im the etre that it te the shortest aiagonal tine netwaen the Alps sod the Po, off ring vetween the Lago di og ip the porta and ihe Po to tbe s.uta, Oalva itae of twenty or twenty tour teacet. Oa the left banks of the river, in & dietance of three or four miles, are eof. declivittes giving to ae army raage? oa thetr flinee tnd foot all tne Bavastags Of a protected position, with ali factlties of deboucotog and dusting ov tasenemy who dares to Crows toe river. Bork ends of this line are pro tected by two fortresses—Pewcaiora aod Mantua: ty tara, tous line and there lortresies 6 readered impossible ta bortn by the Arps, to the mips of tae Po and the morasere of the Ai ings. Peachreri inue town of pot more thaa 2,000 inhabi- tanta, is situated oo ap isiand formed by the Muncio at its exit from tue Lego di Garda. The fortitcattous consisted Originally tu & wait with bastions, aud a deep citen; under the Freced Gomittsa the neignboring bilivck, Mandella, on the left bavk of the river, was crowaed with a bastion The Austriags coustrccted ov tbe right bank the fort Salvi, and erected aivce 1843 eignt luceltes (Max'miliaa with bomb proof redoubis, proteoting and i ail acotsees to the ceatral fortress, tupettes betog a considerable ance from town, Pesspiera forms pow @ irge forts fed camp tor & whole corps darmee, which cau monace every Movement of the flanks of the enem 0 ig about © cross the Mincto, aA feet of small gtomaers Ising ender the walle of Peschier cay transp ret troovs to every pont of ine lake (brestened by the enemy. Large aluices were covetrucied im 1849. ghiuk, tf competely closad, slevate the whiter of the inks consmerably, ant, if opeaet, swoll suddsoy tbe river Mineo eo much es to cestroy pocton or rem bricges ‘The reileray from Verona to Brescia crosses under the , the Miccto. This a will Suffice (9 give @ pretty clear uader- stundiog of the p t watere and condition of tbe cortbern end (the nor ) of she Mincia line. The gourbero key | Mavtoa (stentova), a city ant for- tress for centuries renowned. [t con 108 tubabitents, en i situates on 8a te'and of erable exteut and cireumiereves, 06 and. Oo ike southern’ sta which ig maco g eater, and strozgly tort) UTe. [is lage epoagh for a whole co 66.000 or 60,000 mea Unier Warmer an army of Was bac ackedon (ois wiand The Camps ant fie! and bom proof. Around both ta'snds i the corwa and east is a brost, ¢ weet a amo, which ts ke, and evea more ullBtalt w pass ance fron the wall of tbe iu bsuks of the lake te 2,400 y spproacdes to the to isiaode wre five motes Gikes—tbree from the mgnt, teo from the left if lero mole lewling to the (faubourg) e long dike sud & walle of Giorgio, the b 4 Toe mows ic the wes and soute are under the cagaon of tt hora work Praveiis and we eirong fort Pretolt, Tae soctuera point (ihe pose) Ii Te 18 defended by a somhiaed d resoubis ca'led the redorbis (np the came potut are the great sluices woich, opened, ipuudate che env rons ty @ distance of four stem 0; ¢ jon reudera Mantua really tmpregnable, and fs long ae ite jaked it evdangers al! movemer « a0 army udvaucig agaiust the Moncio or operating on its te(teide, Napoeon tue Great, wuo, as (ar as possibie, Geopine! ail fortrezges in bia way, ‘and left them reso luteiy bebind, riaged the same ®ith Maota; he was obliged wo figot und gain more tha. twelve patties and even thes he crossed not the Ju so Alps, but returned to tbe siege sopihs the fortress sur- reuderred—damie, OOt Lie attscks of Napoicon, forcing tas commaniler wo this act ( ¥, 1797) Napoleon, as if Mutua, eutered Tyrol proper, aot could compei tne Emperor to ac A great battle lost duriug ed ibe vaoquished army to “eimywet, as we bave seen after baltic of Curtozza lost by Caries Albert, Toe itnroeuse importance of Lbe Mrocio line was resog- nived, ne hiwwory teaches un, by too greatess of our exc: ry, 20d iu the time of this great military genius Pescnie and Voroaa were oviy w suadow of what they arc now. Foon as he Was Ib Poseeesion aud Austr cept c THE LAKE OF GARDA. [Translated from the Pare Pays, duos 24, for the New York HitaLp } pW Oview Wines UNAeR the nama of Be rest of aly itis buicty-turee miles loug fiers at the north to P at che sun; tt 1 one leugue wide 10 it upper part, two leagues fram Torri to Maiern sud four waguce pear the peolwaa'e of Sarm\ 7 + to tos woath west, and 3. ftedepth in soma (worn Gurgnano aad Casteietta, whose walere this lake recetves ig ariog w that the norih, reissues tne name of Minclo. Name tt, for ita waters, which arn botwn cold in xunmer, aad when ie veariy ' jond i h) aud she ora It cxponee w aioras, whick form very atroug the Sarca, frou it at roug goure Ty clear, we Db warm in Ww 1 feed in is fam gious aad xog of ast are toe a which fall towards mero the lake; shed, eo! tabove ail the oar which, it eaid, a thie lake alone, at of Posta, in the Abruzes?the tories, which are scarce, ableis, which swim th immense banka, &o lis shores efford several! kiode of shots, which are dis anod for the variety of their colors’ it uke of Ob ia to be bal io all Reawons, and it ie ibe staple of ‘A large Bumbe embelian the wor! veoient barbors. the pre ties and villages of wall poy * of tae inks, sod afurd safe and con- The asvigaton is very active, the re- ult of Ba exiennive ovaime ce - : The principle port ix tovt of Desenzano, whence tbe grain of tbe provipee: of Mauina pnd Broscis ts orted to. Tyrol, aud of which the Vino Sacto enjoye a great re- now. Toe om 5,000 twhabiten’ mom frequented porta arc: Sslo, a city of , POenmming Bevers( remarkenle build mcat of a country Covered it wo leno, mulberry trees vod vines; Tosco chaditanta of wor work at paper amavles | turing; f véx, Liuona, Toroola, Peachiera, wiica | send eh te Venice, Mued, end even 10 Genoa, Torovlans, ) Kaserus, Dar’ otine, which export manifacjured article’, ‘mM, provision. , &G, ouve, ort | lane, the NEW YORK HERALD, MONDAY, JULY Il, 1859. Ome of the charms of the borders ef the Lake of Geria Couper ta the Sanden ese form of terraces, we Of COmMMUBICOON bes eces Lialy gat Cyrol, has opea sung by Virg'l ena Catuiius, a6 well as by Baveral modere poots. Cotvliva Lived om tte borders at the poist of the Sermiona Pevined o ruins WhiCh are Bull to De Been there, are Cu2- mocred as havieg beiooged 10 his house, THE FRENCH GUNBOATS POR TOR LAKE OF GARDA A better from ee Gane Ue. Jane, eaye:—Too ssenge of Preoch cavalry tOrough this piace hes cease i, ee comes the turn Of Deavy artillery acd «ll tae im pOs'nE Materia! COMpOHIUg & Complete siege oArK. T beve sito seep bere cevoral officers of toc Frezch navy, which ratber surprised mo, a8 this place is more chaa arty sgues from the bee. 1 went to the raliway station to eet seme explepation relative to the eppaarance of taese ofli- cern co far wiend, ard [ there saw an immense qiantity of pave! srtigles, and amoug the rest sx large wagons car- rytog gunboa’s takea to pleces, 80 as to be casy of coavey. ance. The passege of those boats through this p'ace, ac- companied by & pu@ber Of suitors, has been goiog ov for two or three days. There boata, when they loft France, Were in ended to operste on the Po, sad perhaps to act Beaices Pivcroze, but the battle of Magents cavoed thelr desttpatioa to be changed. They are now being sent to the Lake of Gerda, where they will loud a powertal uid to the army to tbe siege of Peschiera, as it is aguinat that plece, report says, that the Allies wil: first direct their forces. SOME OF THE MILITARY CELEBRITIES OF THE WAR. GENERAL. JOCAMUS OF THB AUSTRIAN ARMY. ‘This officer, who Les just Deeg appornted Field Lieu- teount berenn! of tus Austrian army of Itaiy, is the son of @ merehent of Hamburg. He bas commanded the Foregu (egiva in Spain after Sir De Lacy Evans retired to ugend. Hie aiso commanded ihe trove of the Sultan agunet ibe Paso of Egypt, and although tt is reported palized himself at that time as fal onief Of pertisave, yeu it is a matter of considerable doubt. He is Lot in thet hoe. He was afterwards of War of the Diet of Frankfort, and it is supposed that tbe Auetriaas want Bow to ovpose him to Garibaldi, who po dovtt would eooner see him than Bouedek, GENERAL GARIBALDI—AN ITALIAN PROPEESY. Tt was iv the year of Christ 1860 ( was rambling over the beautiful shores of the Maggior to the for e Oo a pleasure trip from Pa'lanza over tne lake little Lago ¢’Orta happened to meet a monk, who teveral cays become My Companion. He was from the conreut of Novaleee. which 16 situated on the foot ot toe Mont Coots, aud was about to return to his lovely re- Bidenve. Tepoke with bim about the .Chronik of Novaleso”’ (Cheorseo Novalenvie), a renowned historical work, writ. teu by & monk in the begiuning of te eleveuth centary. It 13 a rch coliscsion of cid populur stories wold and by the moun aineors, and bac much delizhted mo ta the lesure hours of my boyhood. ‘I remembered yet very ‘well the stories which had enchanted me the most of ali— the story about tne “Route of the Franks’ (via Franco rum), acd about ihe '‘Fidaler,’”’ who showed to Karl she Great bie way through tbe Alps; avout the brave goa of King Desiceriue, about the “Myuterious Algis,” who Sher Cissppeare?, his country being couguered by the F 8. a> ‘These aud eundry most beautiful romances and myths, long forgo:ten by me, rove vp out of the depths of my we- ory, and epiivened the lonyly mountain paths we wan Cered in. The monk was astoniabed aud delighted to seo a for a Tedesto taking 8 much interest in old Ta Itup Bisiory He began to get conficence im me, and to pour outtne hicden feelings of bia patriotic heart, be- cange he was more italian than priest. He spoke’ with magnificent havgbtiness apd proud complaccney of the Glory of olden Limes, with reddening face of she thataefal preeent 6 the Austria rule, witt brightening eyes of the Loves of aly —la spranca a’ Italia. Tk was wow oeer'y a year sivee the Austrians bad teft the rough country through which wo rambled, since by the ba'tiee of Mortara and Novarra the hopes of Sardinia and Twly Were cestioyed in one fatal day The Pope was,as the Lewermpers (oid 08, Some days before restored to Rome by the Frepch, under Ouaizot; aud Garibaldi, tho brave, cour: gesus copcottieri—the victor of Veiletri--the obecure Bhip boy who rose up to the reok of a general, who fought a} the La Plaia river, a8 gloriously we be now fighis for his couctty—Gurtbald!, T toia to tbe poor mouk, who ks Bot yet the last ielegrapuic news—Garibaidi, the t, dhe last hope star 1m the boly sbrine of all oat rictic bearts, bad just left the capitol of the Eternal City. Big tears dropped over the writkied cheeks of the oid mac, bis beert heaved ax if it would burst, bis legs trera bie¢, and iis withered hand covered in dark despair the €yes, tome moments ago so brilliant by the remem brevoe of ola glory and so bright with hopes. But sud- dently be stretched out his baud and stood erect before mA, as & prophet of old, aud cried out so Joudly that the echo of tbe rocks repeated his votce—“No, stranger, Gari- baic! 1 cot yet lost. Garibaldi wili rise again—will ba the Arminiue—the Washington of Italy. Ikmow it.” And ia his ecsteey he took out of bis large cow! a small ma- bogany box, nicely laid out with gilded brase, and and tap- ping ?ith bis hand on it, he crie¢— Yes, sir, here it is.”” Of course I #as quite astonished to see the poor old man in Sub an entbusisstical trance, and asked him what he meant with that mahogany box. He then took me aside and aeked me to sit dowm inthe shadow of an im- Tense rock, wich loftily soared over our mountain road. Opening ver- carefully the precious box with a little gol- dep key, be took out of itan oid parchmeat maauscript. “This menvecript,” be said then, coofdentully, “is a jeweil—is the only, tressure I bave acquired on earth. It cootaive el! prophecies of the Italiaa people about the future cestiny of oar dear country. I coliested them ta ail the cloistere which I have visited for fifty years, travelling D0 rambiing, as it te the custom of Italian mooks, from ore courent to the other; from tne foot of the Alps, and the sopescf the Apeonines to the Strats of Rhegiim. Avd of ail there prophesies, be continued, the moat dear c me is be prophesy about my dear Gartbaldi ” Here it is, Tw! \d it to cry pity co Ktug of ri®, bal affianced his beautifa! daughter, Theotolinda, to autbaris, King of the Lombards. Boing at war with the Franke he sent the young betrothed to Lombardy, where the vuptials were celebrated with great magnid- cepce in the platus of Verona. Horo it bapponed that Agilult, Duke of Torin, saw Theodolinda, anc fel! in love wih ber. Aciave of Agiiulf’s bourebold, propaected to bte master that the lecy, now roarried to Autbaria, would Foor be his wife. Aud indeed autharis died some months bis puptiala, apo Thecdolinda, the daughter of Gari Deid, became the wife of Agiuif. ‘Apd by thie marriuge Ag‘iul’, the Duke of furin, became King, and was crowned by the Lombards in Milan in the year of Christ 591.” “Ie Mt pot quite clear, thie prophesy?” asked me the monk ; con't you understand and see that Ag:iu!f, the Duke * Turin, is Victor Emsnuel, to whom Garibaldi gives bis beloved, beautiful daugh'er—Ita ia?”’, [podded gilently roy assent, and pressed the hacd of the warm putrict, and thoogtt that! wonid be hapoy, although & Trdesco to gee the time of Italian liberty Gud Ingepencence, THE ZOUAVES. THEIR HISTORY AND THEIR COMMANDERS. [fravelated trom the Paris Pays, June 16, fortne New Yoxk AeRarp | ©The Zousves have been much admired by both armies: they are the tirst soldiers im the world’’—this was written by Marah Arnevd to Napoleon III. on the eventog of the bettie of Alma It is now almost five yeurs since this gioriour troth has been recorded in our military niewry, kod every pew fight bas been for the Zouaves a8 occasioc imereese, if possible, their renown, whiad fs pow oropesn The’ four regiments” (inclad mg thet of the Imperial Guaro) which are row acquiring fame in Italy bave each their glertous blazon, but they Bave also innerited toat of the ol¢ regiment of Zouaves, which from 1830 to 1852 has taken pert in ali the campaigns and ail the works hich beve secured the conquest of Algeria. Armed witn a rifle and a space, sjeeping in the bushex and picogbing the desert, tue Zouavés were fighting and building strategical roace at the same time. Like the old Soldiers of the Roman legions, who fovght and were inthe meantime building those monuments which were the drat memorials of & ew civilization, the Zouave has Aided to the colonization of French Algeria. His ardor in the fight ts only t> be compared to his patiesce at the bivovae His bronzed foatures upon which energy, solidity and tnonghtlessaess are rtrongiy characterized, will remain as the proto tyve of the French soldier under Napoleon I[1., and bie madder chachia wii become a sudject for legends as the bonnet & prits of the grenadier of tne Firat Empire. To Geceral Clauzel belongs the honor or the formation of the Zovaves. The prescribed limits of this article dé not allow us to enter into grent purticulare; we will opty recall to mind that they were temporarily organized 10 1836 with pative soldiers, commanded by officers aad un der officers of the French army They received their legai existence by the ordonnance of the let March, 1831. Case were then divided toto two battalions, commante! by Memra M. Dumet aod Durivier. atvr some more changes they were defluitely organized as a regiment the Sth of Septemner, 1641 tis from that time that th batise Afrcans bave deen rigorous!y exciuded from their ranks The colonels of the Zouaves have all of them become gen ral. of d:ysion, Oue is Marsha) of tne Empire, 1840, Ge Lamoricere; (#42, de Oavatgonc, 1848, Certain Canto bert, 1849, Aurelie de Patwsines: 1851, Bourbaki If the Zooaves Save aiwaye Geen well conmaniet, the oflicers weo bave terved under the orders of the we have jost vamed, aad whose names alone conatitate nobility, deeeree by their oravery aud mililary Selente to honorably meotioued at tig eame time, One may it by ths follow ng lis taken from the roli of the to 1852:— t, General ot by General of Bey Genera! of Division. De Bars! Genera) of Brigade, kitted in Africa, Deolesuau, Who res fuer February, 1848. Biangint, ¢ af Vivien ville, General of Dt n Italy. D’Auwwarre o Kepord, im Italy. 0. aroue de Buwse, who died when General of Bri Je. Expinsese, Genersl of Division, killed a! Magenta. Regnauli, General of Br , killed ip June, 1848. It, Geoorst of Divisiva tu Waly. , Fetiret General ot srigate, Lrrey de Swint Arnaud, who died when Marshal of Fraoce, afer the victory of ima. Houdt, who died at Siza- when eral of Division. De G amp, Geveral of Brigade tn fiaty. Peeq) * Javarande, killed in 1895, uader the walls Of Sebastopol ‘The kervices rendered by that gallant troop, principally at the siege of Couriantive, at the Iran Doors, at Zuatcon, avd ip the first expeditions against Kabylia, indice Gens Tal Sait Arnavo, whea Min'sur of War, to provawe w tae Emperor to form three regiments of Zouavea, which were Citebuted io the following manaer in tas taree pro vitoo-'—Firat regiment, Algiers; second regiment, Oran, third regiment, Constantine An appeat was made in all the regiments of the Ine to the young and active ciflvera, principally w these woo LAs already bad aome experience in war, A choice was mn among the wumerous appiicauts, aad, trom the liret, thoes officers who were welecied’ ware’ aa able ae the predec.rsora. In euch new rogimont a basalion of to O14 ope was Incorporated. Ths m'xture produced th beet results, mid this orgs \zwtion, on ety ily suparinten ed by Sarehes St Arnaud au? Colvaot Trooha, is justly looked upon as one of Le mom perfect opes. FURST ZOUAVES. _ ‘The First regiment of Zowaves rovatued tho ateif of ta Old regiment, acd remained under the ovmm wd of Coloaal Bourbasi Fert of % made, wt the cud of 1892, the cam- en of El Aghouss. It lewt there soe prave Cactam Frantz, ope of the most distingalehed officers of the army. Im 1854 the First Zouaves was ordered for the Criavau army: First division, Geperal Canrovert; Fires Brigade, Geaorai Bourvasi, ‘To's beautiful cee: it, WOO Went throure toe pretimiar nes of the caumpe'gm wibous eufferisg from the cholera, {ered much ourmg the expeditious agauss Dobruischa. oth af or ward’ it embarked forthe Urimea, At Alma ite flog War Saved above the telegraph by Se goaut Mujor Fleury, woo, a few moments afi rwards, was cut ia two by a bullet, Oo that day the Zouaves of tne Firat regi- Ment bowed th: maelvos Of an inirepidity proof agains everything. They were the drst to crogs the river undor a Ebowoer of grapesuot and ebetls. Doering the night of the ‘240 of Maren 3955, under the commend of Colonel Jaunia, they Sepuised u gully of toe Rupr ane. Fe foc them again at the las! ana moat bloody epigote OL he wo ge, at the stormip ket, and on the dich of September, 1855, what they were at Alma Mr. Colli- neav guides tem; although wounded in the heat he pevetvates with a few men im the very neck of the work, apd it is the flag of the Fire Zouaves wick had the sigual bonor to ve plepted oa the summit of tat verribie pat- tery, the possesrion of whiod gave us Sebastopol. Since the peace, the First Zovaves bas made the two campaigns of Kabylis. Mr. Collineau woo there the stars of Goveral, aud bas yielded bis command to Mr. Paulzo aivoy, @ young add splewuil ofiicer, Wacn he lets tbe mitary academy be waa appointed sud licu- tenant, avd et the organization of the fox chasreurs ia 840, afew monthe after, bo was promoted to the rank of lieutenapt, apd the 22d of May, 1845,§to chat of captam. Ue was chicf of batal.jon w 18d0; be # 48 lieurenant colonel in a regiment of the Civision of occupatioa in Rome when the Eastern war broke out He wis then gent to the Crimea whb the 96th, and was wounded at the Aght of the 18ch of June, 1855, He was the aame yoar apponted colonel of tae Sith, and reterned to France at the end of December, wheo be was garrigoned in Paris, Colonel Pauize d’lvoy, for whom, oa account of his ereat fortone and the cowtioe of his fam) y, @ residence in Pars was mos, sgrveatie, abandoned the Jonkey Chub, 0° which he was » momber, and bis numerous friends pa big perccts, to go again to the baule flold, He was ebanged ip command and weot to Africa. Ho waa goa after invested with the command of the Firat Zouaves, which is one of the fucst commands to be desired by a colonel, Montebello, Palestro and Magenta bad not given to Colovel d’Ivoy the occasia to show his regiment to the Austrians. At Marigvan he engraved a new victory upon Ube cage of the First Zounves. TRE SECOND ZOUAVES, Tet us commence by quotivg the numerous fighte in which the Secon Zouaves has participated since its organ ization:—1862; expeditions of she Bubors and takiug of El @phoust ; 3854, Alma; 1855, tof =the 22d and id of February; Mameion Vert, 7ch of June; fight of the 18th of June and baitlo of Frakter; 1856, Rebate; 4857, Kabylia; fgbt of Theridan 24ta of june. The Second Zonaver has suoceratvely been commanded by Mecers. Vinoy, Cler, Sawrioand Tixier. Genera! Cler, woo fince its organ‘zstion served as Leutenavt Colonel, bas written the history of the regimect under the title of “Souvenirs d'un Cficier du 2me de Zomaws.”’ 1 is @ DOK wraten with simpiicity, ia which patriotiem and love of milttary art overflow. One feels when reading it that all the deocs of valor recorded im ithave beea witnessed by aatoor. It ia the golden book of the Second Zou es ; the names of all the officers and £0 diers who have Gutinguished themselves are recorded in it. The Second Zouaves forms now part ofihe brigade Gault (i8t of the 20 division of tbe 2d corps) It was while foarching af its head, from Turbigo to Magenta that its geverai of division, Expiname, was killed. M. Tixier, WhO Commands it, has gone through the whole campaign of the Crime, and has beea several years in Africa; he bas served a long time in the Foot Chasteurs, the speciality of which is pearly that of tue Zonnves. "He was appointed captain of the 8th battaliog on the 20th of Octeder, 1845, aud has alwave since besa moet favoranly noted. By giving to bim the command of the Second Zouaves, on the 24.) of Pecember last, (he Em- yr bas Gone a8 much honor to the oflicer as to the regi- ment, THE THIRD ZOUAVES, ‘The fight of Palestro bes immortalized the name of the ‘Third regirvect of Zonaves, but bas 101 brought to obiivion the great deeds of that corps during the Crimean war. If ib éirt-a it wee Dot able to unfold its eagle in the midst of ibe powver it t#, however, the one which out of the throe regiments bas Cone the most before SAbastopo!. At Aims, placed in General Borqne ’s division, it co ope- rated to the turning movement on the right wiog, which decided the euccees of the day. The next day i's Colonel, M. Turbouriech, died from the cholera. He was spared she day before by the euemy’s bullets to suffer dread: ul BgoDy. ‘AS ‘Takérmano, ‘obo: of" tha battalions, guided by the intrepid de Bourbaki, passed three times at the point of the bayonet through tke Rasalan masses, the firing of which would bave compictety destroyed the Eng: lisb army bad rot our so'diers promptly interfered. The 15th of March, 1865, they carried five ambuscades, The 7th of Juve at the Mamelon fort, and the 18th at the Caan atteck of Malakoff, the regiment covered iteelf ‘with glory. ‘At the battle of Traktir, it acted a moat important part, Finally, at the storming of the 8th of September, it took Part at the attacks of the left wing. When beck ip Africa, the Thiré Zouaves contributed with the two otbers to the expedition in Kapyiia during the years 1866 and 1867. After having been commanded by MM. de Bon- pet, Mavrelban, Polbes, it was placed under the orders of Colonel de Chabron. fhe bravory and noble character of that superior officer have been much admired by the whole Fastera army. M. de Chabron, who bas been spoken of on account of the fight of Paiertro, hus again done wonders at Magenta, The Emperor Napoleon Ill. bad electrified the Third Zovaves dy ment ooing their bebavicr on the 30th of May, 1869, in toe army order of the day At Magenta they ehowed themse:ves what they were five days previous. THE 20UAVES OF TAE GUAR! Organized cu tne battie fieias of the Crimes, the Zovaves of the Guard—the bravest among the brave— updountediy form ove of the corps delile for a band to hand Ggbt, like that which tooy have sus ‘aimed at the bead of we Buffalora bridge Chosen from among the Zovaves—and that meacs a good deai—brokea Jo the fatigues aud the gymuastic exercises, accustomed to hazard their hves at every moment, they poseces that Bolidity apd that coup d'ail which duplicate the forc2s of the soldier on the battle feild Their offivers al! come from the special troops of toe African army. After hav- ing Deen subwitied to a first telection to enter into their Old regiments, they are egaio attentively examiaed to be admitted in the Guard. Tuey may be proud of their posi- en, when, cousicering the qualities required from them, cfiicers and soldiers are worthy one of the other, aad the pad wey to praise them as they deserve ts to relate their aecda. Ov the 18th of June, 1855, the day was loat; the Gencral- mChicf, desirous to ty w Inst aod powerful effort, sent for the colowel of the Zouaves of the Guard. * Jsnoin,”” Faid be, pointing out to bi the evemy’s line, “ with your men you Cab pass everywhere, wast Task of you ig im peteible; 1tis, therefore, thas { eptrust you with it)? «4 Uuank you,” was the gay reply from ji Jannin; aod he suded, “General, Ido uot say good bye,” aod the regi- ment left, wih cries of Five!’ Empereur 1 At the storming of Malakof! tbey remained ag a reserve corpe, but ther élam brought teem soon on the tneatre of tube fight. When bandwg them their eage General Canrobert promised them tbat they sooa would bave occasion to lilustrate it. On'y two victories are recorded upon it—Sebaniopol and Magenta. But out of those two victories ope resumes all the struggles of a laborious Campaign; the otner opens aa ora forever glorious of the deliverance of a country The regiment of the Zovaves of the Guard has been or- Runized by M. de Lavarande, and afterwards commanded by hesers Jeouin acd Bonvet, Meureiban, Poibes. M. Goignard, who Jed ii to lay, is aa experienced off- cer of africa and of the Crimea. “When before Sebsstopo! as Lieutenant Colonel of the Fourteenth of the Line, be dia- Unguisbed bimself and obtained tbe rank of Colonel of the Ninewenth. Afier tbe batile of Mageuta M. Guignard bad the boner of receiving the felicitations of his Majesty the Emperor in presence of bis brave Zounves, wha had fought like tions snd hed sbown to the Austrians that they really were the best ro.dere of France, THE FFITH CORPS DARMEE OF FRANCE, Which is commandes py Prince Napoleon, is compoued of two divivious of infantry, v lot divirion—Geceral a’ a: der: lat brigade, General Noigre; 3d regiment of Zouawes, apd the 76th and 89th regiments of iafaotry of the line. ‘2d brigade, Geoerel Correard; 931 and 99ta of the line. 24 Givision—General Unrich commander: Ist brigade, Geoeral Grandcbamp; 14th oattalion of Foot Chaseenrs, 18tb and Z6rh of the line. vd brigade, General Cauyin da Bourquet; S0th and 824 of the tine. The chief of tbe genera! major staifis Genera! of Brigade de Reautort d’Hautpoul, woo bax ag his ussiataut Colonel Henry, aidedecamp of bis Imperial Biganesa Prince Jerome The engineers end tbe artiller? are placed uader ‘he commana of Generais of Brigade de Coffluteres ana de Fiereck. ‘The troops cf General d’Autemarre’s division, arrived ds how ® Month, are employed in the army of Abd wii) be uEU! tre Sth corps is definitively consti- twted, The Third Zovaves nae distinguished itweif at Pa- les'r0, apd the O8d at Montehello The Ubrieh division, which Jeft Paris at the end of May, is exclusively formed of corpe which gloriously shared ib tbe Crimean campaign, THE ITALIAN REGIMENT SIGISMUND LAY- ING DOWN ARMS JN LHE BATTLE OF MA- GENTA, Tue first French reports on the battle of Magenta spoke of 0.000 priwouers, three cannons and ove standard loet by be Austen The oficial report of Cyulai acknowledges the loge of ce gob, but reduces the bumber of prisooers made by (f we compare ali those reports Monivrur officiat aod the otver Parisian papers, mmolude tbat the number of prisonara lost by y not exceed 6,000. But evea euch a number ts ti Hagrantderepancy with the loss of outy three cannoas sng one stander, and can ouly be explaiued by the aup peainon that whole oodies of Austriva troop laid down hol arms oo the battio fed witout any combat. And thot oan reality the cage, Ove entire Traian regiment, ordered to attack a dardi- nian divictyn, stopped, by common conseat, autdenly tte tared nnd Vbrew down their arms under the ory, Ving Viola! vivo wt ret” Thia regimect was the regiment No 25, called generaily by the vame of ite proprieror (Inna. ber) regiment Sigismund, the Archdnke Sginmuad, Field Marshar lleutenant, boing its honorary commanter. It was establebed 1p 1916, and toe commanier ot it in the hattie of Mayents was Field Marsnal Lieutenant Baroo von Wall thor, The ivarulting district of the regimrot in Verona, und it covsigte therefore exsinsively of Lomnards of the 73 offioere of the regiment 45 are Italiana, aud, arcte- jog at Tuite a8 prisoners of way, 2 of thom bive asseptet vervices in toe Sardivian urmy. Tuo regimeat, being completa, tt ceruiviy had vot under 3,60 avd not over 4100 men The onty standard conquered by the Frensb in the battle A Magenta, and offered with ao gront a diaplay of grace f pony to the Kmorea ia ine gorgeonsiy de of the Tuilerics, was ihe staudard of th rre d’Ervilié, commen Raion mont. I we fear Anotrigs, Da ‘he 3500 oF 4.000 men of this regiment, the (oni 1.090 oF 1,600 prisoners in the battle of Mageota; @ sember vot incongruent with the other oa reperts an iss bettie. There in, th no deubtthet the Anstrien troops tm the bats'e of Magenta fought exocediig’y ® ail the French apa Sarciniam correrpor dence freely ao- Knowledge, but we moss alto covoede that the composi. too of Ye Austrian army, of 60 many national elements, i the feeble eid» of i The Commancer in Caiof Of the Avatrinn amy (8 Crary moment uVged 1a take ‘be ulnost cure thet po Aor gariso or Lulav regiment gots an ocearion of complete (ree setion. The circumstance tue reanon the Avrtriny General leit ator the ingente so puddenly to capital of Lo B06, by the police, eeores tops te that w Haug ment (ibe veeumewt of Hyrerlee) eud & bartation Tuliaa rep miewt No 13 were about to freervize with the citizens. *nd to evade such’ & drewiful wooden ho AVE Orders 60 ail Auetrinn tr00p6 10 ak cco leave Milan, Be bad oct to fear the Frencd or Sardinian: fread becanap bor bed suffered such immense lowee® ie attic of Magenta tbat two days Wore wocessary to ganise tho oratored regiments. Toere are, besides the regiment Sigiemunt till three other Italian regiments im the Austrian army in italy, Via ‘Ube regiment No. 38—Houorary Commander, Count Foges Bavgwiiz: reoruiting distiich Brescia; stationed bow at Venton No. 13—-Hooorary Commander, Prince Hoheulobe- Tounenburg: recruiting district Maptua; stationed now at ‘erous. No. 28—Commander, Baron Paul Airoldi: recruiting district Lodi; station now Dot known, but probably tu the darmé, which cecred some days ago the Ste! The other seven Itahan regiments are im Hungary, Gal- Neia and Bohemia, THE WASHINGTON MARKET CONTROVERSY, fatumph cf the City Over the State and its Lessees, SUPREME COURT—SPECIAL TERM, Before Hon. Judge Rooswveit. Jvty 9.—James B, Taylor, dic., vs. The City of New York, dc.—Roosevelt, J —Tbe Corporation of the city, it appears, having filled in the plot of about four hundred and eixty feet equare, consti ating the water frout of the old Washington market, and covetrocted a bulk bead and piers im connection with it, gave permits from time to time to various persons (more than one hundred and eighty in pumber) to erect upon it temporary sbeds for the sale of meata and vegetabies, ‘the respective occu pants” paying, as tho complaint avers, a “weekly” sum or rent “for the age thereof.” On the 24tb of April, 1868, whilo the city was thus tv poreeesion of the premises, claiming the ownership and receiving from them a revenue, in the aggregate exceed ipg $50 0CO per apnum, the Commiesioners of the Land Office, in the name of the People of the State, for reasons Lot very satisfactori!y explained in the papers before the Court, and secming!y without notice to the city authori. tice, executed to James B. Taylor and Owen W. Brennan, two of the plaintiffs, a lease of the whole plot at a rent for one year of $5,000, and with a covenaat, if valid, Dinding the Stete to maintain them (ihe two lessees) in peaceable and quiet posseeaion. Immcoiately upon the execution of this leave, Taylor and Brennao, in thelr own names alone, instituted an ec} ctmeat or quasi ejectment agsiost the city and its one Dundred apd cigbty tenants to incemnify themseives for the $5,0¢0, payable by them iow the tate treasury, by Withdrawing ten times that smount apt more from’ the treasury of tee city—a not unimportant portion of the State. ‘Thecomplaist, tn its origina! shape, being soon found tobe: defective, ap amended one was flied, making the people of the State co piarntiffe, spd praying, among orber things, ta addition to “tbe rendering of posscesion to the plamtiffs (tbat is the people and Tay lor ana Brenana), or to such of them 6s the!l be ceciared eptitied taereto,” that the de fencante may be adjudged “to pay them joiwtiy or ove. reliy the eum of one hundred thoutand Goliare domuges for tbe rents, issues sad profits whilst the same have been unlawfully withbeid from the plaiwtils ‘bis compiawt 1s verified by James B. Taylor; but, in stead of being rubscribed as usual by one name or fra as “attorneys for the plaintils,”’ it purports to be signed by the Attorney General for the people, and by other at- torpeys tor Taylor avd Brenoao. On the 16th of February, sbout nine months after ite Commencement, with the cousent of the attoruey for the city, 104 oD motion of the sitorpey for Taylor aud Brea- Dab, votbing being said in tho order as to any motios or consent on the part of the people, the other plaiatilis, the suit, as agsinat the city, “costs baving deco pail,” wae discontinued—so fer at least as such an order could have that effect. Hoving thus Cisposed of the city, the only real party to the controversy, apd having made some arrangement, as may be ipferreo, with one or more of the other defendants, the preciee navure of which does not appear, the plait on the 13tu of May, 1859, brought the cause on to a nomi. pal tria’, their advergaries, as the order expresses tt, * ing, by failure to appear, waived « trial by jury,” andthe Judge “thereupon found and directed judgment to be en- tered as followe’’: in substance, first, toat ove act of piain- tiffa, to wit, the peuple, recover possession of the land; feoond, ibatthe other set, to wit, Taylor aad Brennan, having’ been previousiy entitled to ‘possession of tue pre: mites for ibe year just expired, recover poserssion of the rents for that period, adjusted at the sum of $6»,108 45, to be paid by “the defendants,’ not proportionately and reapectively, but in eo ido (chat being the legal effect of the terme), ‘os damages for th withnolaing of the posses sion of the premises from the pia'ntfis’ (Taylor and Brepnan) from 1s: of May, 1858, to 24th of April, 1869, It will thus bo teen, witbout reference to another fea- ture im tbe transyction to which I edall prescatiy advert, that Taylor and Breppap, in one Fethe recover in round DuMbers $70,000 on an outlay of $5,000, and that the city at the same Lime is civposeeesed of the same amount of revenue sp¢ of the fee of a property which by the piatn- tiffs’ showing is worth more thao a million, without atrial, and aiter ibe plaiptiffs, or two ot them atieast, bad vo un: tartiy discontinued the euit aa agatust the city, and admitted it to be vefouncea by “paying the cota’? of the defence, Nor 18 this al}; the tenants, so called, the mere temporary occupants “respectively” of distinct and separate move- able ehontics, sre made liable, not each for bis own ovea paucy, but each for the whole plot, to the seemivg'y enor- mous ex parte uesessment of $70,000, and toat, too, after they bar already by an interlocutory pro:ceding, ax will presently be shown, been directed to pay their respective rents for the same identical period, to a recetver appoinied. by tbe order of the Court, made at the iastance of the Plaintiffs tbemeeives, be statute, too, provides (2 R. §., 807), “that when ax action is against several derendants, if tt appear on the tris] (as it must vecesearily have done in thik case), that aay of them occupy distinct parcels in Keveraity or joint ly, and that otber defendauis poeces oiber parcels in severaity or jointly (tout is, slogly or in groups), the laine shali elect, a% the trial, egaicst whion he will proceed; which electon shalt be made before the ‘esti mony im the cause shail be deemed closed, and a verdict ebali thereupon (as a sort of penalty) be rendered for the cefendspte no: 80 proceeded against.” In other erords, it o plamtifl, as in this inetauce, sbal! bring ac ejectment Rgaipet a multitude of persove not holding ta common, Dus in distinct and separate parcels, he shail, ineteat of Tecovering against ali, pay the costs of all exer pt one. The weil krown existence at the time of such @ provi fon of Jaw, together with other circumstavces airoudy in vt alluded to, demonstrates that toe juigmest com plained of must have been toe ‘reeuit of coi luston, nocigent, mistake or fraud. A teuant, whether by bis own direct act or by a collusive judgment, hue no rigbt or power to surrender the porsession of his ‘andiord to a stranger against pis favdlord’s consent; 1 R S744 A fraudulent attainment is nove the lees fraudu. lent, aod pone the less voto by be'ng invested with the babiliments of 8 sham judgment, which itself, in such case, ig one of the strongest tadicia of collusion. {t is w be observed that this judgment was obtained, notwita *tandipg that the defencanis only a few days before had able and faithful counsel, and was obtained by defauit; and in 1te present extraordinary and illegal form, aovwiih- standing that those couwveei, as the piatotiifs themselves show, then were paid nine hundred dollars to watch over (he interests of their clients. And it is further to ba observ. ed that, notwithstanding the seeming!y onerous and cer- tainly most irreguiar form of the judgment, one of the very detenduvts against whom it stands on the record ia found making an affidavit to resis! the motion to vacate the entry and to let the parties in to defend their rights Bot the case doee not stop bere. On the very day of filing the fret complaint, and before the name of ihe peo pie was inserted tn the proceedings, the plaintiffs on tuined from one of the Judges ax order, usually very much & matter of course, requiring the érfendacts to show hot before him er before any one of tha judges 0 might be present at Chambers, but before another and a particular judge by name, why ac injunc- tion =ehould not be issued and a receiver ap pointed to take charge of the premises und collect the rents. Althoogh = this notice of motion (ap order to show cause 18 tn substance nothing moro) “as returnable on the 17tb of May, 1868, thres days after ‘te date, yet, for some reason uvexpiained, no hearing vpop it was had tril the 29th of ie, and no decision til the 2d of Angust—clearly showing that the necessity for a private receiver as againgt th: ample guarantee of the City Troagury, aad that, ton, in ao cjectment enit, was not very presainz, even if the right bad been undisputed, ag it certainly was not, and a8 the <imiesione on the present argument show it could not he, io ap ejectment auit is coxfessedly, tn any cage, —inacase where there is nothing to to be tn jured, and (the city of New York not beng quite yet ta woivent) nothing to be lost, it 18, couceive, without a pre cedent—for even the one made by tho eorcil term 1 The present instance was Overruled, as | aco Inform: the general term, altbough the decision, tp couseq ve ead. of the supposed o scontiguaace abore referred to, was vever forma'ly provenncen, On the 20 of Angust, novertheleas—orronconsly ag the writicn opinion of the general term eubsequenily show d—n receiver ed Cyrus Curtiss) was appoited, during the pendency of the action and until the further order of the Court, firet giviug security in the sum of $29,000, ane with directions to pay all moneys into tue United States Trust Company, to be drawn out only on a Judg: flat, as the Court sbou'd from time to time direct, Before, however, say action was Usd on this appoiat- ment, the city authorities, conceiving the order to be er- ‘opeous, appeaied from it to the General Term, ant on he 4th of August, pending the appeal, applied to another Jusge, ae the practice parmita, and obtaiced a stay of pro. ceedings without security till a decision on the apveal uid be had. On the 13th of the same month anocher wraer meowitying the previous ouo was obtained, allowing ibe receiver ‘10 collect the rents,” but without prejavice to any motion to be afterwards made, &c. Mr. Curtiaa, accordingly, with limited powers, entered partially aon tho Guties of the office of receiver. Be was “at tiborty (Ab the order deciared) to catlect the renta’’ until the do. cision of the General Term, unless even this ‘allowance’? should previously to the hearing be ‘vacated’ by ‘any the justices of this court.” Judge Clerke, it tsob- (ou8, ba’ great hesitation ip modifying bis ahaolate Ktay of proceedings even to the above exient, and he Gaaliy copcurred ib reverting the order of tbe 24 of Angast tor ap Injunction and reonver altogetbor Mach of ihe pra veut diffleulty would bave been obviated bad that re- vortal, hike others at the same werm, deen duly an. nounced and entered of record before the discontinuance of the 16th of February. I see 00 resson, however—none thet ls iauporabie—why the yevorsal actually ugroed on } “ by the Court may pet now be eutered eunc pro (wits, ae ing to the fect as ot November +858 Should, however, thy order appealed from not be va. Cried 1p (DO ManLE Laioates, Heel, avd it must proep ouvely be cou ‘War the efhat upum tt of tue partial ainooot Balt nell Sfler Loe Ofcer eppoBting & receiver to the BUT, MBO the actoal appowtenevt UBSEF IL, Wore Mado, It 'A quite ovvioue, as It ecome Us we, Kut tbe tuteutom Of the Corporation Counts! w cepeentng to & Oisqve- 26 & covtItiON precedent, and of tbe coun Platot ia paylag wo care, was, sed fo fay 08 the OY Way COuoIBED, Matters should be realored be then Motu quo, aod Sand Werealter proakvelg ae they tuod D fore Wo commencement of the sar, Wi ous © euit sgaimet ‘De Cy LO Peortver acalues tae ony cold bave beep appavied. The order wovld 906 wave been merely eeronedos, Dut vod Stedbing Oat che ony, theres, Bae MK og Out tue Order, wOd & ju tore de cleration, therefore, for tue guidance of tha Foon as ee Officer of toe Conrt toay properly be made tu chas ede Such & dec aration Would Bab de Hw evEr-al bY Ooe jidge of Ube order of xootber judge [. woeie be graply aa a fu dicatwe thet the paities, by thor Own Burecquent acta, bad takes from under the order tho base va which & Teale, ond as a copecquerce tuut the ordes fell, La anole & proceeding there Is no vofiivess oF ioterference, Toe Order of be 2 uf August bad, wurcover, been tempore. Tily Modified Or sueuended by Judge Ciarke The oe was authorized (0. do, pwuding ap sppeal, by exurees seacate, air. Curtina never was, therefore’ put ia Of the wremines, or mushorizsd * 40 take ovarge of cr to let tae reme.” Alt pruceedings tw thet utes tion were “etuyed ? He ena “nt bberty 1 colleod ‘he rents,” meusing, Of coures, the rents oa letwwinge by the ety, aud not tw make now tonsoe bimvell, Be oc upied courequentiy (be position ef « Sheri bes received yg se under eo aturoment, ine gus requentiy Clee ved before judgement, aad wae Course Mur! Fe Lad LEU LO the delendant, to whom srigwally belvoged. For greater caution, pachans, sike ct Sheriff, be would reqotre, ane routs O- jostiGed wm requar: ing ob order to thats fret Busenob au order woud oalp CeOMFG BOL KIee, ELIE. Av wo Lue tand teeli, the Re. eiver bevivg oO ovseRsION bite, Could give wo Fepon 0 Ciara, 20d he teoents, owng aou 7 te ‘anclord, the Cty. and baviag recorved poeseesion frog the {0 n'y SiMe to & Bicnoger by Aras obsatoing ibe city's conremt. — 40 etornment of thew own wilt with Ovt Buch consent is regarded io aw a8 4p ac! Of quant tron. 0p, and therefore void. The Receiver conseque tly eb- tained no porneseion of the iaod by the order of the Coart or by the ct of the tenants. The one was KuSpsudet und ie 20 still; the ovmer had no iegat existeacofram the vogia- aft FY Iusion between some of whe plavtiife avd Kowe, porbaps On y ous, of the defendants, abuadsotiy Bufllc ent to wet aoiGo as Against the City end ail the deeooants wot saul cated m the arrangement Tare is, Lewever, aa wide tional ci cum@tsnee, Det yet adverted tu, which materiaiiy etengtbens te covciusion Tue sme Ove Of the Sefendants woo ant eno alone, fe Jun, 1868, verdes uncer Gate ab eDpswer iD opposiuoE to tbe planus cams, aut who, '» 1859, pre Seated av sflitevi, cnmtariy ver ged by b vet, ta BD port of Weir clsiws, eae furctrbed +o days velore tee #0 called (Fal Of the cu Be, @rdh # wrixten nubatitutios ta Diapk, to de Blies op ut bib direction. wigues oy 6ue vem adoracys all the d:fendauia exoeot tus olt7, teny re Cetving from biw os tbe time (contr bated by whom ie ot ptsted hy bi@) the Wberel Cunvevwason, as uiremiy shown, ot nwe boadrea do le Choke BOSS BOF IEE, Towsubstiveoron in bienk (1 quo bw ven ofiiaviy) wa Kept and ail! ke-ps, uouced va In his pocce\—suowig Cometvetvery that If@ col Object, ue UDdersand ab leash DE bimrel!, was © diecbarge ove atig’ uy and uot bo provide for another—in Ocber words, b@ lo& vis apparent adver. Baries quietly take ny defauts avy juigmost ia ary ferme they might soe fit, pot ony agstoxt binvelf, but aise against et bie covbuing asrooiates, and aysiast we city, too. if 8 effect 66 Buck a8 1 Lew CoMteuded fur by ibe Plain til’s couneel, Ie iS UWiged a & FeaBOE emODg Olbers way the Court Botwithstencing shoud vos mertore ay We Dp alid’e Proceed ngs, that the aflivevite wad pavers clearly anew that tbe sity Dab LO tue 10 tbe srewisee ? If dbak Do eu, i: must be Quite am oicar tha: the exeoutiqn of a (eae by tbe State officers 1 (wo private Ind vi iuals, for taoas fame r 1eiding & reat af $16,000 100, eG prejudice of @ cliy cOupititing Ia (aterest ore then ove fours of the Sule aad that, too, as far ee BPPeIS, Without Buy PLU! s LObiCn, Has w Very OKbrade Givary measure. But the Stetr offers, tt eyyerre, « we mej rely on tbeir report (0 the S~oaie, were Dot q lite ow Cicar us the counsel. They exunted, they eay, trom Tylor ond Brenvsc, oy wuthoriy of whet law ts Dol etaicd, Ow fore giving the lense or bond to (ocemuify bbe Stale agaiuee “ali costs apd expenses incurred ta app aud all asiioay thet should be browght to test the titie to tae vem ood premises,” thus mi edlrot aimtiting that thore wus an ad ‘Verge possession at the tine, and tues che city, if euod, Might estabiten its tito Tory add alee, to 60" thar knowledge of the subject: © Is ia vaderstocd by tae Jom Mles Overs tbat the titie of the date io the (ends cesie UVR the ground thet Said lands have b-en mate by Gling ty the Huceon river, without pat to whe Sate, below nigh woter merk, apd beyond the boundartes of was Inada thay bad been previously gravted, either by the aaci-us coarwr of New York or by aay subsequent graut, that said tsa) bavirg berm formed vy additions wade to tue bed of a public navigable river, the title there’o ts vested ia tas people of this State. Tn tide, however, is dispater by the pereous cleiming 1a bostility to the Stat, nut epee What grounds thoee ¢ aiws are based the Commissivaccs Bre pot fully informed’ Had they extended cuor re Starches, the Commitstoners would propabiy bare uscer tained thas the city woub tably owned che Isad, at loans so (and 400 feet besouc) low water mark, aud 0! coarse Several fect more beyond the “buh water” we (36 the charter.) They might aso have ascertanoi,or east have discovered some proteble ground for supuoms ing, that whe city notonly owned t that ettent the aod Leer Waier, With tbe right of buliding Ou rt, but with ‘ad ‘pd sivgular the beacts, earements, advaniazos, &oy hereto belonging or apuerteiuing.”’ including, vos in pros bly, the right of whurface and oavigstion aad Olver ures <f the water in front, to the exclusion, of courne, o right ip the Stale, withous just compcosntin, to deprive the city of these appurteoaucrs end thew © auowder, eppecially tf auch leave were not for “panic Mere privaweemolument It any, beyoud the outer Hae ft by lime may bo, was an injury to cavigation, aud as fiob, « purtvesture or public pursuance for whick ihe city. if th oe casioned any serious injury to the gevers! puriic, wird bave heen todicved by tbe State, aud #hioh, tf praciicante, the city might sino, gerber, beve vson compaiien, vot by the fla; of the Land Office, but op che will of the Jepisinture to remove—for that or avy otoer reas, (Lenaing ve. Srowb, 4 Weodeli,) but dia the ground jortwed by the eacroarbment coustivute She's leas — im. Proved” State land—which ths Sine offh ooutd lease to private indivicusls, 804 Not for tne removal of the ow tauoe, if 1! was one, Dat for ith contiournce, to be built om ard occupied to thew prot und to tae preja itse of toa, Cy? Toe right of the State w the Mubsiratum of a owt Baeble river Delow tow water mark and four BaWired feet beyoud Coe bor, ee KC seems to mr, Come WLM be Words “ands belonging to the Siate,”” (LK. S., 194) the Commissrouers of the Land Office are antbarignd ‘ia tease, fOr terme hot exon ding ove your To wareaws euch lensing, the law oc kouly requires that the the age ebould. Ip the ordinary +e be “lands belonging to tbe stee,”’ louging to the Sute as bave improve those Impiovemrenis, tov, just'y an: erty of tbe state, a we were mace the lease on worob this action 16 f. w me, rope Evex the couse who framed the amencmesta to the plaintiffs comulasot hag impliesiy signified ao optoton tw toateffect. ta te Gret clause as amewded he avers the rgal the State te the possersion of the prem “ones & ceruain thereof to James B Saylor aod Owen W. Rrevosa, nurew after more yarticulariy referred to 0+ va'ld? Tu tbe the Corporation of the city w PUBECRE OU thereof, ‘aud, MU ERK exit oasy O@ , withhold “from ube peopie the pusdeasins ve thelr great damage.” Tu the third cause G2 avors that “under eaid teese, if the aame be held valid, the plaly Tylor ano Brenuan, became lawfully poreresed of tho wuiges.”” Such inoguage and suod freq ieut repetition of it, are not usually characteristts of counsel entertaiamy & Clear conviction Of the solidity OF thetr slieut’s proves. sions. To make the argument still stronger, however, there la ab exprers Batute, Epecittiy on thy Kubject “of grants of feud under water,” (1 BR) 8, 208,) apolying as well we leases for Ove OF Gore years, a8 to GeeyauG a iM foe “Toe Commissioners of the Laud OMice," ways tint Btn tute, “pha! bave power to graut, in perp tuity or o'er. wine, £0 iUCL Of the Iauds Moder ths ware Of narigaiia rivers oF iskes, as they ebail deem neiessary to promale equitably, bho pre 48 the lands ov Walch taee What color of authority, then, was thors for elf AS it apmarw the commerce of thi State or propor for lv purpose of bevetiiul enjoyment of toe ‘ame o¢ the Adjacent ower; but wo such grant etait ade to ANY perso Other than toe proprietor of tha adjacent lands; soo avy snen grant that shal! ba mada ts any other person stat be evia The grant, therefore, to Taylor aud Brennen, ontat which this Itigetou bas eprang, aed on which ghe jj r0% tow snd reoeiverrtig and Boa! jrigment reat, is 4 dirs violation of law, and vot only of eoiutely void. Whatever, conrequently, may Of the city—ane it certyin!y is not co be determined, an ‘m this cake has heen attampted, by the loisa convere tions inaccurately reported of oorparate offlsiais—whateger, € say, may be th y’é Usie, Taylor woo Bresnan, it 9 clear are not rized to call tt in quertion They have eg rt, So much for the Sinte’s granteas Am to the grantare, or rather the assumed agenis of tho grancors, their On the subject, a» already orserved, may br comparing the 85.000, for which they soid Year, With the $70,000 which they Bay # reut far one year (on the trial) w > There in stilt xnotber oh, sidered. Tole parent, alinogh the saop> wan of, #an Commeve boned! of inty Hue un the tert in the uame of tue peoy'e,? ~.,180) that “worth anit anal he of an individual without che © ‘acvous ot cjout perally deatares (i. %, nen oe) for the te fent of the General. Ani no Ruch consent Adal be given by Lhe A torney Genera}, ualees the intivicaal deairoum vy prose cute the wait NAIL give RECUTity (9A L Lhe poop a, da} the defeadant for tho rage (be wut eball be dewrmined in fheor of woe A teacant.’? Tt iw made ¢ aloo of the Attorney Geeral (tec. 1) “to prosecute and dofand all actions in the event of which the povple of thia Sia mhail ba inte rested Here uo such cnaent war given or ap! and of coarse no Buch duty performed, fill lo { ihe name of the peuple” bad been masriod in “piaint, and after the compleint had heen wy Judgment. and [do not admit that in the ores of a pate. Offi er, with powers wtriclly defined be taw, an ex post Feet consent, viven uot dy the principe! bat by the agani, Cop make that id which before was void. Nor do L Weil Fee how the Attorony General was w Mestarzy “the duty?” of “prorecutiog,” while ho Rad no knowietze of tho pendency of ihe proscention. Tas name of the pro Pie, tt aprears, and of the Asoraey General was Arab wes. in obiainiog (he tnjanction on tho 2a of May, 848, A sear, oF 'bsreaboute, after that date, in answer t) a ra. Juion of the Sonate, be reporied thet no such action bad ¥en commenced by him or by hie authority, nor had be charge of any gach action. Me adds, however, that “om eAumination of the proceedings of the Caminiswoaers of sho Lace Office’ —showitg that he had no koowlodge of he meter before—he finda a reantition entered Pin tue tiputes,” auchorizing @ distloguisne’ momber of we bar, by uame, “to take charge of tho tutereses (ARAYA Cosh va ee —_ see