The New York Herald Newspaper, January 18, 1860, Page 2

NEW YORK HERALD WEDNESDAY, JANUARY 138, 1860. ADDITIONAL FROM EUROPE, THE MAILS OF THE EUROPA. The Excitement About the Pope, the Congress and Napoleon's Manifesto, Serious Agitation in the Germanic Confederation, Our London, Paris and Berlin Correspondence, Ker Kes ke. ‘The mails of the Europa reached this city from Boston yesterday evening, bringing our European correspondence and files, dated in Paris on the 29h and London on the ‘30th of December. ‘We are indebted to the mail agent on board the Europa Tor London papers of the evening of the 31st of Decem- Der, later than those to hand by the Jura and New York. Our letters from London, Paris and Berlin will be found ‘very interesting, containing as they do accurate note of ‘the progress of the groat religious contest inaugurated in Europe by the publication of the Napoleon pamphlet. A despatch from Madrid of the 30th ult., says:— ‘Yesterday tho Spanish squadron burnt and blew up the forts at the mouth of the river of Tetuan. The troops are ‘im perfect readiness to eontinue the military operations. ‘Two tribes, not wishing to continue the war, have with- drawn to their mountains. ‘The London Glolz of the 31st of December remarks:— ‘The revenue returns for the year 1859, and for its last quarter, although showing an actual decrease on the former, and buta slight increase on the latter, when closely examined, will prove abundantly satisfactory to the public, and will fittingly close a decade of unexampled national prosperity. The absence of a very large in- crease, both on the year and on the quarter, is entire- ly owing to two causes—the great reduction of tax- ation, and a exceptional circumstance arising from very great sale of old stores towards the close of 1853. But every head of taxation that can be taken as an ind! eation of general comfort apd financial prosperity fu nishes a result aa satisfactory as the most hopeful could anticipate A letter from Par evening, says:— There is nothing new touching the Congress. It is con- didently expected, however, tuat it will assemble early in February. ‘A provincial paper © taries, who bad arr! at Lyons, have res by telegraph not to continue their journey to Paris. The Italian journals continue to speak highly of tho pamphlet, “ Le Pape ef le Congris.”” A letter from Mo- dena, in the Opinione, of Turin, says:— This pampbiet proves once more what we knew beforo, dated on the 30th ultimo, ia the e that Cardinal Anto: viz.: that Napoleon JiL is our friend, and the friend ot | Italy, and that he wishes to complete by diplomacy the task he commenced on the field of battle. Our London Correspondence. Lonnon, Dec. 30, 1859. Startling Political Events in Process of Rapid Evolution~ United States Affairs almost Unheeded, and the Union Inftto Go Ahcad—Phe Arvepressible Religious Conflict— Catholics Advocate the Napoleon Pamphlet Doctrine— The Pope to be Secluded, but Saluted in Rome, dc. The political world is so extremely active that deaths of the moet prominent men and events of the most start- ling importance receive but a transient notice. Even your great Harper’s Ferry émeute, and all the attendant Duncombe, only provoked a single editorial in tho leading journals at the reception of the news of the execution of Brown. Your Congressional struggle for Speaker ut- tracts little notice, and very little interest here seems to ‘be attached to the measures that will come up in Congress. The United States, in their relationship to Great Britain, are in the position of a son, who, on coming of age, leaves the paternal bome, marrics and sets up bu- siness for himself. The ‘governor’? has good reason for Delieving that the boy is able and willing to take caro of himself. In all that bas been said bere on the Harper's | Ferry affair, the cemsures of both extremes of the Union and of politics have been about equally divided, and very few crumbs of satisfaction can be extracted by either party. English journals and English statesmen generally express the almost unanimous opinion that the only chance of safety for the American republic lies in the 89- ber counsels of the conservative men of the Union. ‘There may be breakers ahead with regard to the Pope and his position, and the late pamphlet supposed to be authorized by Louis Napoleon. The last rumor is that Rossia, Austria and Naples have declined going into the Congrees unless the Pope is allowed a representative also. ‘e is, no doubt, a screw loose somewhere, for the day of the meeting of the Congress has been put off, first from the Sth January—the original day set—to the 19h, and now it Is said to be postponed indefinitely. One thing, however, is certain, and that is, that some of the moat eminert Catholics on the Continent, as well as in Great Britain, have given in their adhesion to the doctrines of the pamphlet. But that matter will be settled, not by the individual opinions of theoretical Romanista, but by the gee remo A ue ‘The Pope's subjects throug! magna are in a state of successful and chronic rebellion, and nothing short of a force of foreign bayonets can subdue them. Now, Louis Napoleon virtuall, says that be cannot con- | sistently, as a Catholic poreretys, interfore to force 1 these Italians a government that they abhor, and other nations shall not. He is ready to secure to the Pope, on the Seven Hilis, under the shadow of St. Peter’ asafe asylum, and abeolute sovereignty to the Holy Fa- ther, but beyond that he will not go, Our Paris Correspondence. Pants, Dec. 29, 1889. Continuance of the Great Anti-Papal Pamphlet Excile- ment—The Spirit of Conflict Against the Pope's Tem- poral Rule Extending—Government Not Likely to Disa- vow the Paper—England Forewarned of the Emperor's Intention to Bring Forth the Paper—The New Princt- ple of Revolution Against Legitimacy—The Emperor's ‘Anziey for England's Friendship—A Reply to the Bishop of Orlecns—Stubborn Arguments, cc. The pamphlet “Le Pape et le Congrés,” which by good | fortune I was enabled to torward you within an bour of | ita publication, bas, although eight days have clapsed, lost nothing of its interest. In a day or two it seemed uncertain whether the government would not disavow it; and eo deeply did the ultramontanes take it to heart that one or two of the semi-official organs gave indications of being quite ready | to trim their sails if anything stronger than a gale were | of the Faithful should retain the splondor of the imporial | purple? A genoral idoa seems to provail that Napoleon will yield, or induce Austria to yield, in the matter of the Duchies; that he is exceedingly anxious at the presont moment te allay the jealous passions of Eugland, aad be loft in peas to attend to a long-sighted policy, se aims not oniy extend to the Mediterranean, but to the German Confede- ration and India, ‘The much ta'ked of Conference, which first appeared in the correspononce of the London Yimes, betwoea an | © Englishman aod a Frenchman,” aud which cxamon Teport &t once assigned to the Emperer himself and Mr. Cobden, has created quite as much imtorest here ag on the other site of the British Channel. AS respects either of the above named porsouages | being the true colloquista, I confeas I have great double. In the firet place, the part the Englishman is nag to per- form in the argument is much more subordinate’ than is applicable to a man of Mr. Cobdoa's calibro, The groat apostle of free trade has passed a life in aharply confuting the arguments of others; ho has a legical acumon instan- lancousiy at command that would s00n overbear a logi- | clan of the closet, as tho Emperor of the Fronch may be not inapuly termed, and I think it very untkely that Napoleon | would ever conseut to run the hagard of a fall with such an | amtagonist. In the next place tho rélz which the Emperor plays in the conversation is yery unlike himself, for lo is & man not given to the enumeration of statistics, or the | recitation of long periods, and his style of address is intl- nitely more courteous than that which is attributed to him | im this colobrated . | It is currently reported, with what truth I do not pro- | tend to eay, that im the Emperor's present anxioty to | stand well with England the conversation, as reported, was , forwarded by M. Moquard, tho ge le Secretary, to | Lord Cowley, who consulted with Lord Chelsea, ‘the | Charge 4’Affairs, as to the best method of giving it publici- | We: O'ateagher dup Timer sorreapondent "hers wroeed to Mr. 0" er i ident here, Mr. Howard, brother of the Bar! of Carlisle, and the novo- riows Minister at Florence who succeeded the Marquis | of Normandy, and only remained at his post forty-obt | hours, departing without ever once the Grand Duke.’ Mr. Howard ia at presont in dis; é, a6 the | French say—without any diplomatic employment, though still belonging to the general diplomatic sorvice of Groat ! Beitain, but notof Paris particularly. It was said that such aman might confor with the ‘Zimes corresponttent without compromising either the Tuilerics or the Britiah embassy, and that accordingly he it was who conveyed the document just as it came from the pen of M. Moquard. To me,1 repeat, thero is something highly artificial about the whole, and I shail bo giow to believe in a faith- ful report of auy bona fide conversation. Moreover, I do not think it likely to itiuence the English mind in any degree whatever, for whether France possesses her formidable armament in obedience to the laws of Louis Philippe’s reign or Louis Nupoleon’s, must be pretty much the same to England, whose tax- paying capacity for the purpose of counter- armament is, in either case, equally _ tested Jobn Bull knows the great fact that France, notwithstand- ing her vast military resources, has this year obtained from her Imperial! Parliament, or whatever it may bo called, the ways and means for no less than one hundred and fifty shigs of war asa peace establishment, together with an additional steam war abip service of seventy-two vessels, each capable of conveying 6,(00 men—a fact that will still “stick in John’s gizzard,” lot who will atuempt to explain it away. The Constitutional of this morning has a long letter from M. Emile Ferriere, written with great modera tion in reply to Monteigneur Dupauloup, Bishop of Orleans, whose commentary on tho’ famous pamphlet, <'Le Pape et le Congrés,” had appeared in tho Gazette de France. It confutes the Bishop's aesertions of the necessity of an army to the Holy Fathor for the purpose of self defence and the maintenance of public order, by declaring that nota mouth has passed away during the ten yoars of French occupation, that the Pope bas not been reminded of the readiness of France to cease such oocupation, provided the Pontifical go: yernment deemed iteelf ‘strong enough by its own forces “to detend itself and maintain public or- der,” but that to every such intimation the answer has always been the saime—that without such foreign oc- cupation the Papal government was not safe. In 1843, the august Pius the Ninth being solicited to let his people take part in the war of independence, wrote that in spite of his ardent sympathios for Italia independence, he could not forget he was tho common father of the faith- ful—of Austrians as well ag Piedmontese. And long be- fore, says M. Emile Ferriere, the ptfblication of the pro- gent’ pamphlet, tho Holy Father wrote these words:— “That the hand of the pastor ought only to be lifte up to bleas—not to strike.’’ Respecting the revolt of the Romagna, the Bishop of Orleans had said:—Is it w crime, a weakness, to govern in the pame of Coca ig Teges regnant?"’ Must these words be effaced from our note books? And when kings and emperors declare they by the graco of God, shall it be termed a mere form aifair of aty “No, monscigneur,”’ is the reply; “but if emperors and kings reign in the first instance by the grace of God, they reign afterwards by the national will, whether they admit the fact or not.’” So, as tho national will happens to bo against his Holi- nees in the allair of Romagna, the grace of God amounts to pretty much what the Bishop insinuates—a formula or affair of style. Our Berlin Correspondence. Barun, Doc. 28, 1859. ‘The Great Movement on the Continent of Europe—The Austrian Empire Broken Up, and the Empire of China in Triumph Over England and France—Napoleon’s Denial of the Di- vine Bight of Kings—Policy of Prussia in the Oongress— A Catholic Memorial to the Prince Regent—Cabinet In- trigue—How a Change of Ministry would Subserve Austrian Diplomacy in the Congress—Presentsto the Rulers of Japan and Siam—Christmas Among the People and at Court One of the most eventful years in the annals of modern hbistory—a year big with the fate of monarchs and of na- tions—is at length drawing to a close. The same yoar that witnessed the renewal of the triumphs of the drst Bonaparte, and the resurrection of downtrodden Italy, that beheld tho defeat of the two most formidable naval Powers in the world by the despised Chinese, the submis- sion of the indomitable Circassians to the yoke of Russia, and the revival of the crusades of Spain against the Moris- coee, bas heralded in the announcement of a great national movement in Germany and the final breaking up of tho Austrian empire. On the let of January Napoleon the younger (I had almost said the greater) addressed those portentous words to the representative of Francis Joseph, which, in their studied laconism, thrilled through Europe like the touch of an clectric wire, filling the hearis of men with vague hopes and fears, and substi tating the din of warlike preparation for the supine slumbers of peaceful security. On that day the pride and puisshnce of Austria wore still at their height, her troops were esteemed equal, her generals per- haps superior, to any in Europe, and the specd with which, on being roused by the ominous accents that fell from the lips of the taciturn ruler of the French, she hur- ried ber legions across the Alps into the plains of Lombar” dy and to the frontiers of Piedmont, inspired the world with a high idea of her decision, her foresight, and her moral and material resources. Her friends and admirers— with the leading journal of Europe, the London Times, at their head—boasted that Louis Napoleon had at length found his match; the hereditary tenacity of the Hapsburge Ikely to blow. But the reception it hag met with | from al) other shades of religionsts im France, from | England and from Italy, mduces one to believe | that the government will not attempt to evade | ‘its responsibility. There is now no doubt that Lord Oow- | Jey, Lord. Palmerston and Lord John Russell were made | privy to the Emperor’s intention, and it is said that the | Pope was also duly apprised of the determination; and | hence Camdinal Antonelli’s disinclination to accept the | ‘Papal mission at the Congress. | The Univers, the organ of the ultramontane clergy, has received a second warning; another will check M. Veuil- Jot up altogether, and it is strange if the Bishop of Orleans» | who has published a most severe commentary on it, doos not get into difficulties. Indeed, the exultation of Protes- tant Engiand, the applause of French liberals everywhere, | the delight of all who are struggling for Italian freedom, ‘are enough to rouse the sensitireness of the extreme Papal | party, if thore were nothing else. But words emanating from such an imperial source are wynonymous with events, and whatever the Pro- festant world may think on the matter, unquestion- | ably every true Romanist must feel that a heavy blow ' and great discouragement are dealt at Christ's Vioegorent | on earth. As the Univers does not fail remark, a new ‘and dangerous principle is enforced in it, namely, that be- cause State rebels against its constituted authorities, } therefore its cause must be a good and justifiable one. | "Tho principle is, in fact, what in diplomatic language is | called uti possidetis, but which is only made use of when | the fate of arms has rendered it impossible to adopt any | other, But the Univers calls it the principle of fattsac | complis, which it says is now for the first time solemaly recognized—a principle which would justify the | thief who has accomplished the robbery of your | purse in retaining it. In other words, the revolt of the Romagna i equivalent to a robbery of the Pope, and iki would again be displayed; and, whetber victorious or de- feated, she would resist to the last extremity, and never yield as long as she had a man or a florin at her disposal. Seven weeks after the opening of the campaign her armies were swept from Lombardy and Central Itaty, and reduced to skulk behind the shelter of their fortresses; hor pres- tige was annihilated, her resources exhausted, and she was forced to accept @ peace which deprived her of one of her finest provinces, and which, humiliating as it was, ‘only the policy of the conqueror prevented from boing Still more calamitous. And now, with Hungary on tho brink of an insurrection, with a bankrupt exchequer, and the whole country torn by internal dissensions, which ex- tend to within the bosom of the imperial family, she rests ber sole hopes upon a Congress which a few months since she rejected with haughty disdain,and which is held at | the capital of her late enemy—that same Mongieur Louis Bonaparte, who was to be driven from his throne by ber invincible arms, to make room for the legitimat» dynasty of Bourbon. Even these hopes, however, seem doomed to be frus- trated. The brochure of M. Laguerroniere has spread consternation among the adherents of the divine right, and the effect it will have upon the Italians will render the restoration of Austrian in the Duchics and the Legations more impos- sible than ever. On the public in general it bas made a vory favorable impression, offering, as it does, a solution of the Italian question in the only way that, by satisfying the wishes of the people, wil! prevent a recur- Paper on - Sepenarinn pocpuneares disturbi of pamphlet Frese conten eat zesity expreanse the views of his Master—if resolutions on it are advocated by him : the Ry oe certainly will be, y. 1, wi mi any serious oppo. Sion frees the’ clher: Powers, ask Of all from Prussia. The Prince Regent, it legitimacy; ia true, ts personally devoted to the himseit an ancient royal Tine; he i ze § ! cf A modification of thin pecite and sensible policy would only be produced by a change in tho ministry, concerning which there have been rumors flying adout of late, whica | 1 bave reagon W believe are not quite destitute of founda- tiop. Tho dirmiseal of Gen. Bonin is generally regardad a8 the result of tho itrigues of the Kreuz Zoitung pacty, fou whose ranks the Prince Regent has selected his successor; and after having achieved this triumph, it appears vata Ta} that they should endeavor to follow it up by an on- elaught upon the reat of the liberal portion of the Cabinet. | ‘The person most obuoxioug to them just now is M. de Scbleinitz, the Minister of Forcign Affairs, to wou thoy sacribe the tardiness exhibited by this country in coming to the assistance of Austria during the Inie war, and whom they shrewdly suspect of sympathizing with Ee land in ber anti- dynastic view of the Itaitan question. they should succeed in ousting Sobloinitz aad roplacing him by a member of their own party, we may expect to 68 & repetition of tho events of 1850, Prussia would thea unite with Austria in stifling the national moveraent in Germany sat her support would evabie the Court of Vi enna to a of Paris than it can think of doing at ib Tt is Bu- perfluous to advert to the disastrous influence which such @ step would have upon the destinies of Prussia; and, not. ling the legitimist predilections of tho Prince Re- geut, it seems difficult to imagine that he could shut his eyes to the ruinous consequences it must lead to. By joining Austria he would loge all the hold ho has gainod during the last twelve months upon the confidence and the seen cr ie Garman Perens ee Wool Jace himsolf im opposition not only to or England, but to tno libe- ral opinion of ail Europe, and lay himself open to aa attack im which he would find himself by the very Power for whom he had sacrificed bis own inlerests aud those of his kingdom, and who, to judge from her antecedents, would be the firet to turn against him, of leave him to wwould Graw upon himscl by taking ber put Os. the would draw upon himself by part, 12th of Jauuary the Chambers meet, and by that time it miuat be decided whether Prussia will persevere in the constitutional policy inaugurated by the guava waae. Minis- try in November, 1858, or whether she doviate once more into the slippery paths of reaction. The expedition that started a fow weeks eince for Siam and Japan has taken out some valuable-presents inteud- ed for the sovercigns of those regions. They consist partly of specimens of Pruseian manufactures, and partly of works of art illustrative of the state of society and man- bers in Germapy, 8.¢h ag photographa of the most inte- resting buildings, cities and landscapes of the Prussian mo- “barcby , executed by the best artists in that line; engravi of castles, royal residences and noblemen’s seais, similes of Prussian and German coias, &c. The Royal Tecbuological Institution bas furnished a series of truthful patterna and ornaments, showing the application of art to Practical purposes; aud the Railway Department a splen- did atlas of the maguiticent bridges across the Vistula au Nuget, on the road from Koniogsberg to Berlin. . The su perb appearance of these truly princely gifts is greatly en- anced by the costly binding of red morocco with gilt edgee, which leaves you in doubt whether the internal contents, or the sheil that envelopes them is of the greater value, There are two copies of every articio—one for the King of Siam, and the other for the Emperor of Japan, tbe arms of each of these potentates boing stamped on the volomee respectively destined for them. Count Eolenburg, the ambassador to the two courts, will leave Berlin m February, and proceed by the overland route to Singapore, where he expects to meet the equadron. Christmas e' massed of this year rather more quictly than usual, owing, probably, to the alarming state of the King’s health, which is such as to leave vory little pros pect of bis recovery. The royal family wore assembled at the Prince Regent's, including Prince and Princess Fre derick William, who returned lately from their visit to Queen Vi The United States Envoy, Mr. Wright, gave a soirée, which was attended by about cighty uative and adopted citizens. News from South America. OUR BUENOS AYRES CORRESPONDENCE. BvEwos Arua, Nov. 16, 1859. Peace Peaceably Fffected—A Dificult Work-+ Discipline of Troops—Thetr Removal—Flects Employed—Senator Mar- mol, Editor—Gen, Lopes—Courlesiei—Paraguay in Trouble with England, ce. As you are alrcady informed, on Noy. 11, 1859, there was signed @ treaty by which all fear of hostile collision between two powerful armics was totally avertet. Gens- ral Urquiza began, two days after, to withdraw his troops and prepare toembark for @ poaceful retarn. So high was the expectation of a battle, and, perhaps, of plunder also, that some of Urquiza’s soldiers and officers have subjected themselves to the highest military penalty for their strenuous opposition to peace. ‘There were so many conflicting interests to be provided for, that many here feared.that the transition from tho statefof siege to one of amity would be attended with great irregularities, if not a counter revolution. This was the more feared,'as on the 13th there appeared a proclama- tion from General Mitré to the Buenos Ayrean army, couched in language which could ‘be taken as a great offence to General Urquiza, and city was dis- turbed by the report that tho embarkation of the troops had beep countermanded. But the clouds are away. The genorosity of Urquiza appears in atrong light; is Hutorest cnemles” are slsat and bis frioude reas? ultant. The troops of Urquiza—taken from the wild camp, shoeless and unlettered, filled with hatred of all that was “ Porteno”"—were encamped near the city, in the beau- tiful artificial groves, bat bave now retired. They have hardly left upon the living trees a sign that thoy have been here. Robberies, a8 far ag they came to the know- ledge of the officers, were most severely punished, and now, that all further danger may be avoided from returning soldiers, they are carricd back by water. Both fleets and a large number of the coasting craft are to-day receiving on board the army of Gen. Urquiza at San Fernando Senor Don Jose Marmol, Senator, has taken the editor- ship of the 2ribune , for a’long time ere a violent organ of the government. ’ He is a man of talent and of modera- tion, and the Tribune will now be a more reliable paper than formerly. Don Felipe Llavallol, President of the Senate, becoming Governor by the resignation of Gov. Alsina, he vacates tho office of Senator by law, and Don Jose Marmol has been lected | President of the Beuate a his toad. lt Gep. ‘ANCi8CO 10 Lopez has won gol \- ions for his tact in negotiating a peace. Men of skill represented the two governments, but the prominent worker, as well as the unseen manager of all, was Gen. Lopez. He receives a handsome testimonial from the foreign merchants here for his services. ‘Yesterday the diplomatic and consular gentlemen of this city made a complimentary visit to Gen. Urquiza in the midst of his erabarking’ a subject by Paraguay, The imprisonment of an Engl for « political offence, has cued t wo thee waters a force of ips and gunboats from an "ance, bringing, it is said, 12,000 men. The demands of England are rf heavy that Paraguay will not entertain them, and vit since the Engliah Consul withdrew. The prisoner is living in solitary confinement. ‘One of the boats of the United States Exploring Expedi- tion, under Capt. Page, is now here for supplies. The expedition is prospering Snely, and will, most likely, finish in another year. Court of General Se: ms. TRIAL OF HBNRY KARPLES FOR GRAND LARCENY— INTERESTING HISTORY OF THE CASE—CHARGE OF THB CITY JUDGE—TUE JURY LOCKED UP FOR THE NIGHT, Jan. 17.—The summing up on the trial of Henry Kar- ples, Jr., the young clerk engaged at Hecker’s cstablish- ment, charged with stealing twenty barrels of flour, was resumed this morning. All the evidence was taken yes- terday, the City Judge adhering to his rule, having com- pelled the counsel to sit till midnight to finish the testi” mony. Mr. Hall commenced his argument on behalf of the accused and finished it this morning. The Assistant District Attorney followed on behalf of the prosecution, after which Judge Russell proceeded to charge the jury. He ob. served that n great deal of extraneous matter had been introduced into this case which was calculated to distract their minds. It would be his duty to briefly call ther attention to the strong points of the case and leave them to determine the guiit or innocence of the accused. The City Judge then gave a clear digest of the evidence ad- duced on the part of the prosecution. an, the carman, testified that on the 27th of June he delivered, by order of young Karples, twenty barrels of flour to the New Haven Railroad depot, and that he Drought back the receipt to Karpies. Matthew Smith, a baker, residing in New Haven, de- poeed that ou the 28th of June he purchased some ‘flour of @ man named Heyden (having made purchases pre- viously from him), and thas he paid him $7 10 a barrel for the last flour be bonght; be paid Heyden $60 of money in pennies, and identided the boxes in which were placed; he telegraphed to New York, and Mr. ney went out to New Haven to make inquiries about matter. Mr. Smith also brought on one of the oge of the barrels, marked * G. G. ers’ establishment as being the mark that he placed upon the twenty barrels of flour that went ont on the 27th of Mr. Renney, the bel iat oe ae testified to the mode in which the business of Heckers? conducted, and that be asked Karples what had become of the order of Lane, Lawrence & (0. for mt sae uf i i i Superior Court—Part Second. Before Hon. Judge Pierrepoint. Jan. 17.—Richard Morse and others vs. Joeeph A. Pesamt THE NEW TREATY WITH MEXICO. The Protest of the Central or Miramon Government. Jan. 16) From the Washington inteliigenecr, Jan. 16, We Hbiae on ‘sanbaagt last that we had received from an authentic source a copy of the Protest addressed by the Central government of Mexico to our owe, ynst the ratification of a weaty alleged to haye been recently ne gotiated between our Minister, Mr. McLaao, and tho ad- ministration of Juares at Vera Cruz, We to-day subjoin ® translation of this dosument, and need not invite for it the candid perusal of our readers. The nature of tho ro- commendations made with regard to Mexico by the Prosi- deat of the United States in his lato Moesago to the Coa- greas, gives to our relamons with that country a special in: terest at the present time, and this communicauon, oma- nating trom te govornmeat representing an undoubsed majority of the eee P people, is consequently entitled e1 ie to respectful consid “ Navionat. Patace oy Mextoo, Dec. 17, 1859. Mexican republic, to address himself to his Excellency the Secretary of State of the United States of America, in ey’ to call the Pen erng) bpd [Ab cheep to s sub- the greatest gravity and of transcendent imper- Zanoe to both countron,” Phe unde knows full well that inasmuch ag the government of tho United States has recognized and still sustains relations with the adminis. tration established at Vera Cpe ty Excellency Mr. Case is not bound to consider him who subscribes this note a legiumate functionary; but, as he cannot disavow his own charactor, and ag the subject on whioh he pi deserves a e as well ag a loyal ‘and sincere ‘explapation om the part of Mexico, he trusts that dis Fapelieney ney. waiving fg gidloaly of mere see favor of peace cy repab- will to receive ics of the American this communication and give information thoreof to his republic, and the Exceliency the President of the United ‘The events occurring in the Moxican war, at once obstinate and bloody, im which ithas been in- volved during the fast five years, aro well known to fo- reign governinents, and must{be ver: of the United States. Desirous as which shall put an end to the effusion of blood and re- establish peace, the goverament of the undersigned can- not believe that that of the United States will be the onl; one to incite new complications in this country, and mu lees that it will find ground of congratulation in the disas- ters and misfortunes of Mexico, by procuring for itself ad- vantages which would not honor its mame, and which could not be obtained except at the coat of sacrifices, while in the meantime there would be engendered aud ac- cumulated, every day more and more, a mutual aversion between the two countries, His Excellency the Secretary of State of the United States will have already perceived that the undersigned refers to the treaty which, ac- cording to information in bis poesession, bas been ‘con- certed at Vera Cruz between Mr. Mr. Juarez’s Minster of Foreign Relations. has vos been sigued, if it is not certain that it i# ou the point of being signed, there is at least no doubt thatfan attempt has been made with earnesta: id even, with warmth to conclude such a treaty, and it re- lates to conceesions of territory or to routes of transit for citizens aud troops of the United States. The first im- pressions which such an event has produced have been and still are 0 profound that neither the goverument of this republic nor that of the United States could close their eyes to its consequences without incurring before God ana the world a great responsibility. ‘The Secretary of State of the United States will reco. lect that when the government of the undersigned was in stalled in January of the last year, it was recognized spontancously by Mr. John Forsyth, the Minister of (he United States, and that the Minister of Mexico, General Robles, was received in Washington by the President in a public andience, with a view to the presentation of an au- tograph letter of the General who then exercised in Mex- ico the executive power; that Mr. Forsyth presented in March following to this ministry the bases of a treaty for a pew demarkation of limita between the two republics, which involved a very considerable loes of Mexican ter- ritory and other regulations ia like manner of great im. pene that the reply given by this Pevectneds was, Congress, which alone could authorize and avprove a negotiation of such gravity; and, in fine, that a subject of this nature was destined more and more to enkindle do- mestic war at a time when peace was the principal object at which the government of the republic was aiming. From that time Mr. Fersyth declared himself in open hostility to the government, favored, as far as he was able, the enemis who were warring against it, broke off, without waiting for instructions from Washington, and without any ascertained cause, the relations existing be- tween the two countries, snd did not fe the republic until, wearicd with so many fruitless efforts to break down the very government he had A all of realiving his desires. The of even the United ‘States bas already appreciated condi and un- dersigned would make no mengion of itif such antece- dents did not fx 2 seal so unseemly and dishonorablo on the negotiation that bas followed or has been concladed at Vera Cruz. The government of the United States, its action on the number of departments which obeyed the government ed at that port, subsequently thought proper to recognise the latter. When this was done, the present government had only just installea it- self in the National . The undersigned will not undertake to vindicate the le- gitimacy of the government he represents. The question how under discussion in the country is too grave not to have already caused the formation of cog nape in America and Europe with regard to possessed. by the belligerent parties. On the one side is aconfedera- tion which has produced the existing anarchy of the re- public, and on the other is the defence of its religion and of society iteelf: the former is ‘Supported by the forces who cali themselves Seonstitationsl.” and the latter by all clasees and by he people, who everywhere receive the troops of the government with signal demonstrations of Joy. Always conquerors in the most decisive and impor- tant battles, they would have secured general obedience throughout the republic if the extent of its territory and the bad climate of the coasts on both scas had uot hindered the military eases Without a suffrage 60 decided as that which favors the pro- sent rnment it would be impossible to explain the adhesion of all the most popular and important de- partmente, or the enthusiasm with which it is welcomed im the places now being occupied by the it. But, if these exp! ay to State of a ueret - i, prompted by the spi party, ceny a the | hmm eon) Me ma at Vera Cruz has arrayed against most influential portion and classes of the Mexican society, without excepting the most indus- trious population, whether engaged in trade or agriculture. Under such circumstances the undersigned docs not hesi- tate to maintain that no foreign government can ratify a treaty like that Pepper or concerted at Vera Cruz. But, moreover, government which calls itself ‘“‘con- atitul sorvof negotiations, and none can know better than the Secretary of State of the United States what are the limits which nations and constitutions, ina matter so grave, impose on even the most consolidated governments. In the seventy second article of the said constitution it is ordained that only to the Congreas belongs the power ‘‘to approve Treaties, compacts or diplomatic conventions,” ana ‘‘to grant or deny the entrance of foreign troops in the territory of the federation.” What would become of a country which should tolerate whatever might be dono by certain men who by en od a band or party in circumstances simi- jar to those by which the government of Vera Cruz is en- vironed? A brief period of civil war might suffice to ter- minate or greatly endanger its independence. The govern- ment, then, of Vera Cruz, in approving of the treaty, has assumed titles and prerogatives which it does not possess by the very charter which it invokes; and if it should attain a trinmph, or its partisans succeed in establishing any order whatever, they would cause it to atone by an exemplary punishment for such an atteupt against the national sovereignty. It does not belong to the undersigned to signify what aro the duties of the government of the United States as re- gards a neighboring country weighed down by misfortune, yet none the lees worthy, for what she bas been and still can be, of the esteem and consideration of all nations; but he cannot forbear to represent that a treaty wrenched from a conquered party, which seeks in the ruin of its native jJand the means of reinforcement, would result in a per- manent conflict between the two countries. It, theret » behoves the government of the United States to weigh in the councils of its policy the difficulties and the incongrui- ties of a com) ton so mournful in itself, and destined 1c} sincerity, to the end that she may never be with having failed chargea loyally to fulfil the highest of her obligations. With such a Toyalty it is that a me rotests: the has been concerted, will not be ratified in Washington; but iid prove otherwise, Mexico accepts with confi- the Position in which it is about to be placed by Provideuce, without at all envying that of United ‘States. The latter will have tor supporters treason and honor and justice. the Secre- The Loe to his Excellency of State of the United of America the assurances very distinguisbed consideration. 0. MUNON LEA. To his Excellency the Secretary of State of the United States of America. Domestic Dificulties—A Husband Sues to Recover House Property from His Wife. SUPREME COURT CIRCUIT. Jan. 17.—Alenamder McKenzie vs. Jane MeKenc® and of competent to execute the papers, knowing what he did, Tesues were framed 3 Term, was if hie acknowledgment that eee ‘wife and children. ’* fudge ine the jury, Who earel Sout [-past six P. M.,on Mon- day, and remained lockod up all night, and this morning poy a into court, stating Judge land sent them back to their room, where they remained until about twelve, noon, when not being able to agree, they were discharged by the Court. Jno. McKeon, ¥. Smyth and Francis Byrne for plaintiff; Sam’l 4. Glassy and Mr. Emmerson for defendant, ——— mal’ ig not authorized to ratify and conclude this ; Important and Novel Metiou to Quash Indictments—J ud, Roosevelt's Firat Appearance in Court as United Stutes District Attorney. UNITED STATES CIRCUIT COURT. Before Hoa. Judge Botts. Jax. 17.—In the matter of the motion im arrest of jutg ment in tho oases of the sovera! prisoners convicted during the past week, hie Honor, Judge Betta, expressed his desire te hear the viows of ths Unitod States District Attorney against tho motion, The ground of the motion is, that the indictmoats were found by the Grand Jury after the ceath of the late Theodore Sedgwick, Uuited States District Atvorney, and before the appointment of a successor; and that, therefore, there was no owe author- ized by law to present the charges to the Grand Jury aad to sign the indictmeats, without which the imdictmeats were null aad void. Hon. J. 1. Roosevelt, United States District Attorncy, suggested to the Court that it would be well in a matter of go much importance to take time to consider caretully the case. He arguod that at common law the signature of the District Attorney was net necessary to give effoct and validity to an indictment; that by this nothing was required but the finding of the indictment by the Graad Jory, and its presontment of the same to tho Court. Further, that the act of Congress, of 1789, in making it the duty of Diatrics Attorney to “ prosecute delinquents,” mot be construed to declare void an indictment found by the Grand Jury without the assistanco of the District Attorney: This act is worely dircctory to the attorney, and can- not with be extended further. Judge Roose- vyelt contended further. that this question was iu ettect 16- termined by the Court at the tume of the Oindiog of these indictments and by its subsequent action in the im that, the Court, knowing of the vacancy in ottice of District Attorney, allowed the Grand Jury to hear’ com- plaints and find indictments, and + the samme when found tm open court. The maictments thus acoepted were properly recorded by the clerk, aud subsequently the prisoners wore called upom t» plead thereto, which the) accordiagly did—one of the charged actual: a ing guilty to the indictment against him. rev bron the Court must remember that at the time these prisoners were thns arraigned on these incictments, the office of District Attorney was no longer vacant. Judge Roosevelt bimseif bad been appointed to the post, and was actually in charge of the business of the office; and he that when the cases thus came on regularly for trial, this defect, if such it be, was patent on the face of the indict- ment; and yet it was not suggested as error by either the Court or by the counsel of amy one of the prisoners, al- though, if the ground assumed by the defendamts now, be correct, these were tadictinents upon which not oly no judgments could be rendered, but were indictments upon which no trials could be had—that these prisoners by thus going to trial upon indictments which they be- lieved to be absolutely void, instead of refusing to sub- mit theimseives to this (in their opinion) illegal and ua authorized action of the Court aud the Grand Jury, had most justly forfeited all claim to be now heard. In con- clusion, Judge Roosevelt suggested that, in view of the serious importance of the question, involving as it does the discharge upon a more technicality of six criminals, whose guilt has been conclusively and satisfactorily | proven, and whose certain aud severe punishment is ae- manded by justice to society, as well as by the laws of ‘the land, that the Court should reserve its final action in the premises, in order to give its most carefal reflection, and, if need be, again hear counsel upon a point of such grave importance, and one calculated to imtroduce into this court a practice in criminal proceedings of the most Gapgerous tendency. Mr. Ridgway, on the part of the prisoners, was about to reply, when he was interrupted by the Court. Berns J.—The counsel for the prisoners in these various indictments move an arrest of judgment upon the convic- tions rendered in them severally, because the indictments were not framed in the name and under the authority of a disfrict attorney, and that the office of District Attorney of this district was vacant at the time the cages were cop- sidered by the Grand Jury, and were found and presented in court by the jury. — “my Lad “=e Lepcheoweem ar in court and pui upon their trial, a District ne) been comasioasones a and was acting officially inthe dletrio.. No exception was taken to the suflloiency of the indict- ments until these motions in arrest of judgment were made. It ie intimated on the present motion that Judge Ingersoll, before whom the proceedings in the causes ) suggested to the parties or the Grand Jury that the va- cacy in the office of District Attorney worked no dis- bility to the action of the Grand Jury on acct preterred ‘the ‘and that the were ‘by the Grand Jury and received by the Court, to ‘When, owing to his pursuant to such indisposition, it devolved upon me te preside on the trials of the causes, no question was raised as to the validity of the indictments in point of form or substance; and the point now made against the power of the Court to render judgment on the convictions, is that the indictments were framed and presented by the jury as their own act, with- out the concurrence and assent of a public prosecutor ap- pointed by the government, and are, therefore, ii . mefficient and void. The District Attorney resisis the motions because out of time, as the objection, ifever available, bas been waived by the prisoners by pleading to the nts and going to trial under them;, the objections are merely formal, the Grand Jury having in- herently power to originate and ‘an indictment without the consent or concurrence of a District Atorney, ana that there would be a manifest failure of justice if the prosecution of criminal causes could not be instituted and conducted in courts of the United States when no District Attorney is in commission. Donbts in questions of this character can paral te alee! by Cee ye dare! of ex- diency or convenience, however urgent and imperative they be. The jurisdiction and authority of the United States judiciary is of a limited and_strict- ly defined character, the Courts nothing by implication which is not rigidly necessary to carry out powers expressly conferred upon them. Con- grees bas, by special law, appointed a public officer to whom is confided the power phd Prosecuting all actions in behalf of the public, and criminal, and they nowhere empower that authority to be otherwise bestowed, under any by the courts or other departments of government. of the Trea- sury, or the B cannet rey it the go- vernment in civil actions for the recovery of debts or the enforcement of civil contracts, nor could any officer other than a District Attorney authorize or authenticate acts specifically assigned to him by statute. There is strong reason for considering, under the terms of the law ap- pointing this ofiicer, that his official concurrence in crimi- ‘nal proceedings, in every stage of their prosecution, is vital to thelr legal validity, and that an indictment without his official sanntion and concurrence is void. The possible inconveniency of such restriction, or the want of means to transfer his functions to some substitute, in the course of the administration of justice, must have been ‘ent to Congress, and the presumption is forcible that if no substitate is authorized, that Congress intended to withhold all power from courts to create one. It is be- lieved no case is extant which sanctions any other mode of conducting prosecutions in the name of the govern- ment, in civil or criminal causes, except in the name of a district attorney. I think there is at least doubt whether these indictments are legal and valid and justify the Court in pronouncing the heavy judgments snourred by —H convictions rendered against the prisoners; but as Proceedings were taken under the assent or directions of another Judge, I consider it proper to defer any forther argument upon the motion in arrest of the judgments in these causes until the return of Judge Ingersoll to his seat in court, or until we may ascertain dofinitely from him what action was had before him in the incipient pro- ceedings in + Hh accordingly \imesanyis i a several argument post] to next, an that the be removed to the custody of the Mar- shal till that day. United States vs. Wm. Slavin.—The defendant was in- dicted for taking a letter from the Post Office notaddressed to him, and containing valuable articles. Mr. Ridgway made a motion to quash the indictment, because no had been committed against the act of Congress charged in the indictment. The motion was resisted by Mr. J. L. MeLane for the government. Motion to quash overruled. Lord Macaulay. TO THE EDITOR OF THE NBRALD. Although Lord Macaulay was not accustomed to enter much into general society, being rather a monopolist of conversation, he was much valued in the circles in which ofthe Club. it has been supposed that Macaulay was only great at a speech, and could never reply. This was a mis- take. In the many discussions which took place at the 4 ie blr e E we to resign his appointment in India and accompany him to ae rior Tei boon wr ateryarcp magma jury, a year, ir to £2,500. Macaulay did not dio’ rich, but his interest in the of his history will, for years to come, yield a moome to his ', most probably Lord Tre- velyn, ONE WHO KNEW HIM WELL. ‘ond: te caacrennn Intell: i MeMallen . Gen. Gaines, of Louisiana, Ex-Gov. F. 5 Va.; Judges Rush Elmore and John Pettit, and A. . Da- vis, of Kansas, are in Wi ¢ Vicksburg learns that the Hon. Wm. 1. Shar. key is lying seriously ill with pneumoaja at bis rogidence in Jackson, Miss, A From Bremen and Sout New York—B Schubert, w Srtia ob Fon hr Sabet, Upc fal ohn KO 0) ir Sui feai—tbogast,\t from Hating, From Liverpool, in steamship Hungarian, at Portland —Liews FH buckling wife ard two children: Rose Modtniay, Mies ‘Anns Apsden, Miss Rob Mra Beory, Mr Kirk Me Mil Teagan, Joseph n. George Greensiey, Alloa Joy, John Greene’ os MeUulay. “Total x. From Savannah, in steamship Angusia—J C Smith Messrs Wing, iirown, Adana, 1 Giiara A Bancad. eben Earley, ievfbe Sq uir iV Moya, 8 EB Habersham | bare snd infant Mr ¢ and wife, Misa Wing, HM Haba, Me Wippie, G W Davis. & cbhs»fron, B A Jeffries, lasac Roa aS AM Corwie. M Nichols, rs Courtland aad da David Brown, Mrs tmert. L. Jackson, Miss Tay bata, J Mann. GA DcUieakey, J T'ateh, Mrws and 6 in steerage. From Chariestoa, ip the steamship asbrillo—W . Zense Thompson, 0 C Jo} aaost Molt bce Mena Mel zeae ne a8 fn Sadone thomas, J Cardedge, Jr; JR Beystoa, HO Baker’ L wife, Lag he eo and arin SJ Mo Rosenthal oad HW Crine—and 22 in steerage eet inte DEPARTURES. sea ei, nara if For Liv bar, W Newcomb, 5 Gilles jie, Thomas Cole sad 3 ter, James Foley. A Roy. W opti Rev Pen and wife, Joba Millar, ‘A pie Mrs Gra, aager Willaing abd servant, Moaireal; Mr" Keckie, it Pemiburten. UW Wilna, lon Dares. Quebee: IW ticker ft Penis i . ttlen. ; . Thomas 1 Chariea mor ‘fiom ba Jaume Welvon roe, 2 Mar Grayston, Londen; Mr Ohalmers and w! Willian, L Moos, Mise H Vinceut, Foglandy’ Revit Gameee, Scotland; Capt ® bomas J Hdward Stappea” 3 Colley, burg, Bcston; Jno Barelay, Ottawa; Capt 0 Geodam, Will eet. Cope F Spirker, ‘St Joba, NB; P McNaughton, Alabama; William J Smith, Part- Gborge ; Joseph Atkenson, 4 Bull, Yowa; abner’ Duguid, Barbadoss, Samuel H Predy, ©.a Werthus, A Curl, Now York; 8 Hope; 8 Detroit. Total 69. nik Seharbu. nell, Port Firemen’s Hall, on Tuesday evening. The minutes of the Preceding meeting were read and accepted, the roll called, dues and initiation fees collected, new members preposed, and the reports of the committees received. By the re- port of the treasurer it appeared that the receipts of the association for the present scar had been $336 50.and the. expenditures $266 48, leaving an excers of over expenditures of $7002 This being added to $1,216 29, the fund of last year, gives tho suin of 81,285 St’ as the present {und of the arscefation. ‘fhe next business being the election ot officers, a motion was made and carried that the present oflicers be re elected. The olicers for tke, ensuing Sear, therefore, sian” as follows:—Puilip W. Kage, President; Zophar Mills and Adolphus Ookersbaasen, View Presidents oo. W. Wheeler, Recording Secretary; Franets Hogeiorn, Puancial secretary; Joseph M. Price, Trea- eurer. The following nominations were then made by the President:—Sergeantat-Arms, David Thealt; Executive Committee, J. Y. Watkins, 8. R. Titus, N. Finch, 8. HL Logan, Alfred Ashfield, Mark Fowler, Jaco Feeks, Day L. wiih; Delegates'to the Firo Department, Adam W, ‘Tornbuil, Jobu Cogar, Jr. ‘The meeting adjourned until the third’ Tuesday of Apirl. pis PERSONAL. RTHUR.— LOOK FOR A LETTER IN THE ig aquare Post ollice, 1 C. G.—ALL RIGHT.—MAKE IT AN HOUR EARLIER + ifyou can. RANK.—I WOULD LIKE TO SEE YOU BEFORE E remove to Twelfth street. Piease call on me to-night. FRANK. F MARGARET PARFREE BROWNE. WHO CAMS ft hh rae Peckew i d there oss of much iaterest te D Boge At ety ided REQUESTED—OF THE RESLDBNOR OF Caroline Birch, now the wife of Mir Met her brotker, Thomas Birth, 420, of treets, in care of Joha La = i ae eae ‘PNFORMATION WANTED—OF MARY CATHERINE Mullens, aged 15 years; last beard of at 8; ‘alley, Rockland cot New York. Any information rege! her would be than! ived by her M at 693 Kast Fourth street or 367 Water ffeil WANTED—OF lencaner coman and ber four sons—P% and James—whe were in Ritsbolstows, hanes, + rea ers ee ‘ther will be most tuankfully received by thelr aur. ween ter, Catharine Cowen, at 164 West Nin vet Seventh and Eighth avenues, top flooc, New York. Eltsavedh town papers p! copy. 2 NFORMATION WANTED—OF DENNIS SULLIVAN, 2 years of age, who loft hia father Inst Juno, while in Mite: Tirtnation of the above will be aaaktuby recsinsd by tay te, pe Armoire sy oy 3 ther, at 323 Frout st., N. ¥. varie wun 1) getter DAY. BECCA —I WAS DISAPPOINTED IN BURECKI Bifisice voor return rom ‘Havanna. 1 will as . Ann's. Wattadea (PE Macro GLase. THE LECTURE SEASON. ((OOPER LUBITTUTE, HALL 24 DOCTOR M. E. FOY'S THIRD LECTUR! OF EO AOE iaisttOk AND FOURTH LECTURE—HBART AND LUNGS, ON SATURDAY, AT 8 P. M. ‘Admission 48 cents. M* AND MRS. G. VANDENHOFF WILL GIVE TOU-NIGHT, AT HOPF CHAPEL, in this week. * M*5. CORA L. Maries gf Rt jay evening, o’elo Iinton Hall, place. Subject to be selected by fer or Tickets 15 cents. UR SOCIAL RELATIONS—MARRIAGE.—THIS Professor Hope subject Fe ture, Del, At SOreIRE tonight ee Tomer ® leotre, in ~ Private examinations, i ne MOST INTERESTING LECTUBE OF THESEASON.— SILLIMAN, Jr., will Lectures wait LOgT AN SE SPED. _. To PREMISES OF THE SUBSCRIBER on taturday, Jan. 14, a brown Horse. The owner cam have by Proving property and ‘paying expenses. Inquire ter ‘Timotsy avenue A. + ‘Uollipa, jOND—A SMALL SUM OF MONEY, BETWEEN WAI. street and the Howling Green. The person to whom it be- Be it by proving property and paying expenses, L9St, SOME TINE DURING THE SUMMER, FROY NO. 4Carroll Park, a indy's gold bunting case Watch and crape Shawl. ‘The watch was tbe gift of. Foner te Auer. Any person bolding the same may retain the shewt ifthey ‘will leave the watch with the priest of St. Mary's Star of the Sea, South Brooklyn. No questions will be & finder ia weloome to the money, f reward by leaving the safe key'at the office of Stearns & vin, 40 Murray street, i LO8t 08 THE THIRD AVENUE CARS, ON TURS day evening, 17th inst a Pocketbook containing no ‘anc payable to the order of $. Walsh, viz'—One drawn by Hunt, three months from Dec. 1, 1489. $201 82; one drawn, F. Bange, four months from Oot, 1859, $125 64; two for &3 each, by'J. A M. S., $700; the payment of ihe same bei pent oles are Dot soatetee, ot ot return t same wo st own ret, will receive & 3 T. HE OWNER OF A NANWYGOAT CAN FIND TH same at 60 avenue A by paying for adver Usements, 16, WE , Green check oT poste book: coatsining & SSoee reward’ by" tenting’ i ni Comer tee ¥, JAN. Baok,