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6 NEW YORK HERALD BROADWAY AND ANN STREET. JAMES GORDON BENNETT, PROPRIETOR ~———rrrrrrrrnrnnnne Letters and packages should be properly sealed. Rejected communications will not be re- turned, Ali business or news letter and telegraphic despatches must be addressed New York HeEpacp. THE DAILY HERALD, published every day tn the year. Four cents per copy. Annual subscription price $12. THE WEEKLY HERALD, every Saturday, at FIVE CENTS per copy. Annual subscription price:— Three Copies. Five Copies... Any larger number addressed to names of sub- soribers $1 50 each. An extra copy will be sent to every club of ten. Twenty copies to one addresss one year, $25, and any larger number at same price. An extra copy will be sent to clubs of twenty. These rates mate the WEEKLY HERALD the cheapest pub- lication tn the country. Volume XXXIV.......... ES AMUSEMENTS THIS AFTERNOON AND EVENING. --No. 93 NIBLO'S GARDEN, Broadway.—Tar Borursqum Ex- ‘TRAVAGANEA OF THE ForTY THIEVES. Matinee at 2, WALLACK'S THEATRE, Broadway and 18th street.— Bcuoor. Matinee at 2 FRENCH THEATRE, Fourt eenth street and Sixth mue.—La Vik PARISIENNE. Matinee at 1. 3) BROUGHAN'’S THEATRE, Twenty-fourth st.—H1s Last Lres—Muci Apo ABouT A MERCHANT OF VENICE. OLYMPIC THEATRE, Broadway.—fumpry Dompry, wits New Frarunse. Matinee a Ly. GRAND OPERA HOUSE, corner ot b> th aveni 98d street.—Tur TEMPEST. Matinee at 1. . mera BOWERY THEATRE, Bowery.—Tar SEVEN Dwanrs; 08, HARLEQUIN AND THE WORLD OF WONDELS. Matinee. BOOTH’S THEATRE, 23d st., between Sth and 6th avs.— Matinee—Rouro and JuLrer. Evening—MARBLE Heart. ‘WOOD'S MUSEUM AND THEATRE, Thirtieth street and Broadway.—Aiternoon and evening Performance. BROADWAY THEAT Broad —Tar W: Corse. Maituce a Bg iinet toe WAVERLEY THEATRE. 2% Broadway. Perc Hour's BUBLESQUE ComPaNy—IVANHOR. Matinee at atpRATRE COMIQUE, 514 Broadway. Couto SKETOGES LIVING SvraTeES—PLU10. Matinee at ACADEMY OF MUSK, Ith street—Grruan Deama— rapes Matince—IL BARBIERE DE SEVIGLIO. GERMAN STADT THEATRE, Ni a wery.— Lupwie prs Eurex Lerere Taek amet THE TAMMANY, Fourteenth street.fan Hoese Ma- RINES, 4c. Matinee at 2. B. CONWAY'S PARK THEATRE, -_ eautove Vanity tase Macnee Booka. B= FRANCISCO MINSTRELS, 585 Broadway.—Eaaio- NTERTAINMENTS—SIEGE OF THE BLONDES. BRYANTS' OPERA HOUSE, Tammany Butidi atueet.—ETHIOPIAN Mineremtaye se, di TONY PASTOR'S OPERA HOUSE, 21 Bowery.—Comto Vooatiom, NEGRO MINSTRELSY, &c. Matinee ai 234. NEW YORK CIRCUS, Fourteenth street.— ano Ovumastic MNPaRTAtNN EO Matinee 8 ™ STEINWAY Fourteen: street. DORE Tuomas’ Syurnbxy SOrREE. on saat HOOLEY’S OPERA HOUSI Brooktyn.—Hoover' MixeTRELe—Tar +T ‘rmizves, dc. is ‘Matinee at 235, NEW YoRK MUSEUM OF ANAT OF ANATOM = SQENCE AND Ant. sesame rat TRIPLE SHEET. a New York, Saturday, April 3, 1869. THE HERALD IN BROOKLYN. Notice to Carriers and Newsdealers. Baooxiyn Carniers, anp Newsmen will in future receive their papers at the Breancu Orrice ov tHE New York Heraxp, No. 145 Fulton street, Brooklyn. ADVERCISEMENTS and Svsscriprions and all letters for the New York Heagap will be received as above. Europe. The cable despatches are dated April 2. Another fearful collicry explosion has occurred in Lancashire whereby twenty-eight yersons were Killed and many wounded. The Spanish government has despatched troops to prevent Carlists from entering Spain over the Pyre- nees. In consequence of orders sent to Cuba for the hoiding of elections the deputies are expected shortly to arrive at Madrid. The Tarkish government has agreed that the dit. ficulties with Persia shall be settled by a mixed commission. Mexico. Advices to the 27th ult. have been received by the Gulf cable from the city of Mexico. It was rumored that Romero liad been orderea to Washington asa Claims Commissioner, Oauto has confessed him- self guilty of the charge of assassinating Patont. Colonel Mayer will probably be banished. A rail- road accident had occurred by which eight soldiers were killed. Governor Ceballos continues to execute rebellious prisoners without trial in Yucatan, and he is to be superseded by Zerega. The sale of Mexi- can territory w the United Staves finds many sup- porters at the capital, where the subject has been agitated. Cuba. Casanova, an American citizen, has been arrested for alleged complicity in the capture of the steamer Comanditario. A gang of negroes from a sugar Plantation near Cienfuegos have escaped and joined the insurgents. The British frigate Huon was ex- pected at Havana from Caibarien, where she had been inquiring ypto the seizure of the schooner Jett Davis by the Spaniards. Hayti. ‘The United States Consul at Port au Prince has de- Clared tne steamer Mount Vernon piratical because She is in the service of the Haytien rebels. The Brit- ish naval commander, Phillimore, had demanded reparation of Sainave for breaking the seals of the mails of the steamer Cuba and shooting several per- sons Whose letvels thus obtained implicated them in the rebellion. Congress. In the Senate, yesterday, Mr. Howe, from the Com- mittee on Claims, reported a bill for the settlement of claims for storea furnished to the United States troops by residents of the rebel States during the war. Mr. Sherman introduced a bill in relation to the coinage of gold and silver, which was referred to the Committee on Finance. The Indian Appro- priation bill was again taken up, pending which tne Senate went into executive session and soon after adjourned. In the House, Mr. Logan, from the Committee on Military Affairs, reported a joint resolution for the purchase or lease of buiidings in New York for the use of the staff departments, which was passed, The consideration of the Covode contested election case ‘Was resumed and at the conclusion the whole sub- fect was recommitted. A bill allowing the Northern Pacific Railroad Company to extend a branch line to Puget's Sound was passed, and the House adjourned, The Legisiatare. Bills wore introduced in the State Senate relative NEW YORK H¥RALD, SATURDAY, APRIL 3, 1869.—TRIPLE SHEET. to the Homeepathic Hospital of New York; abolish: ing certain kinds of punishment in pépiténtiarics and prisons; relative to fre agg Marine individual underwriting, and sine others, Bills were reported } Fetative to the 02 motion, recommitted); lengthening the terms of office of Recorder, City Judge and Surrogate of this city; relative to New York street ratireads, and numerous others, Bills were ordered to 4 thir reading relative to the New York Hom«opathic7Col- lege; authorizing an industrial school on Hart's Island, and several others of minor importauce. Among the bills passed were those prohibiting the use of steam on Second avenue, and relative to the purchasing of supplies for the poor of Brooklyn. In the Assembly two contested election cases were disposed of. The bill relating to the Hell Gate pilots was lost; that amending the Metropolitan Excise law passed by 82 yeas to 13 nays. Billa were reported relative to steam ferries in New York and Brooklyn; regulating the preparation of medical prescriptions; authorizing the Comptroller of Brooklyn to issue registered bonds, and several others. Bills were introduced for the construction of an elevated rail road on Broadway, and relative to the New York and New Haven Railroad; a number of resolutions, including one relating to prison puniwhments, and another to river and harbor improvements, At the evening session several bills were reported and ordered to a third reading. Among the former one to suppress lotteries and the sale of lottery tickets. The Assembly adjourned until Monday evening. Miscellaneous. Preparations are being made in the departmenw at Washington for sweeping dismissals on the score of economy, and it 18 estimated that between 400 and 500 employés will be discharged within the next three months. General Custer has furnished General Sheridan with an official report of his late campaign. It merely corroborates and details the accounts that we received by telegraph ‘some time ago, The In- dian Agent at Yankton writes to Commissioner ‘Taylor that the Indians are again depredating along the Missouri and have threatened to kill every white Manin the country. He asks fora half company of soldiers to insure protection. Brevet Major General A. T. Webb has been as- signed to the command of Virginia until General Canby relieves him. General Buchanan has religquishe? command of the District of Louisiana to General Mower. The town of Rodney (Miss.) sutfered from a grand conflagration on Wednesday night. Nearly the en- tire business portion of the town was destroyed, and the loss is estimated at $200,000. The regular spring rise in the Ohio river has brought the water well up into the streets in Louis- ville, and it is expected that the inhabitants on the levee will be driven from their quarters. Andrew Price was hung at Ironton, Ohio, yester- day, for murder. Rich developments in the White Pine skver mines in Nevada are causing great excitement in San Fran- cisco and people are hastening there in great num- bers. The Indians in the neighborhood, however, are becoming hostile, and pne' nia and small pox prevail to a slight extent among the miners. Silver mines have also been discovered near Sonoma and the rush to them is great. The case of Twitchell, condemned as the mur- derer of Mrs. Hi, to be hanged next Thursday, was before the United States Supreme Court yesterday on a motion fora writoferror. His counsel made a strong plea and the court took the matter under advisement. Adelaide Evans, fhe stepdaughter of Pyke, the alleged wife poisoner in Fitchburg, died in child- birth at the Destitutes’ Home, in Boston, yesterday. She was the principal witness against Pyke, her mother being the wife that he is charged with poisoning, and he himself being the father of her new-born child. ‘The steam propetior Harvest, from Providence for New York, was burned off Point Judith yesterday and became a total loss. All on board were saved. Four colored men were nominated to office yester- day by the President, two of them to be justices of the peace in the District of Cotumbia, a third, Mr. Butler's protege, to be assessor of internal revenue in a New Orleans district, and the fourth to be post- master in Coiumbia, S. 0. The most severe shock of earthquake since Octo- ber last was experienced in San Francisco on the Ist inst. An express train from Boston for New York ran off the track about ten miles above Hartford yester- day morning, and fourteen persons were injured, three or four of them seriously. The City. Mr. Tweed, the receiver of the Union Pacific Ratl- road Company's assets, made another attempt yes- terday to break open the safe in the office, No. 20 Nassau street. He had with him a large force of deputy sheriffs and iron foundry men from Messrs. Cornelis’ works. The latter, after several hours’ hard pounding, were called away by their employer. Another force was employed and a breach was made. The inner doors, it appeared, were un- locked, and the receiver seized upon what assets he could find. Judge Edwards Pierrepont has been nominated for United States District Attorney of the Southern district of New York. Michael Cobby was arraigned before Justice Dow- ling, at the Tombs, yesterday, on a charge of subor- nation of perjury in persuading. several persons to swear having tllega'ly voted the democratic ticket at the last general election, before the Legislative committee investigating the contested rights of McLeod and Halpin to seats from the Thirteenth Assembly district in this city. Several aMdavits were read implicating not only Cobby, but Marshal Murray and Mr. McLeod. .The accused was com- mitted. Stocks opened weak yesterday, but graduaily im- proved and at the close were buoyant and strong. Goid opened at 132, but settled to 131% a 13154 at the close, Personal Intelligence. Ex-Governor Sandford E. Church, of Albion; General J. i. Anderson, of Richmond, and James A, Young, of Sait Lake City, are at the St. Nicholas Hotel, Ex-Postmasier General A. W. Randall, of Wash- ington, and James W. Piper, of the United States Army, are at the Astor House. Captain Charles Pike, and N. March, of St. John’s, N. F., and &, C. Tremain, of Saa Francisco, are at the St. Charles Hotel. *Congressman D. McCarthy, of New York; W. D. Griswold, of Terre Haute; 8. A. Bigelow, of Boston, and E. Corning, of Albany, are at the Fifth Avenue Hotel, Judge W. M. Byrd and John ©. Graham, of Ala- bama, are at the Westminster Hotel. Nelson Tibbitts, of Boston, and B. W. Morris, of Alabama, are at the St. Dents Hotel. Prominent Departures. D. A. Wells left yesterday for Washington, ex. Governor Buckingham for Connecticut, Congress- man Oakes Ames for Boston, H. 8. Haines and ©, D, Owen for Savannah, Ga., and Captain EB. R. Wilson for Buffalo. Western Rtvatry ON A Friat-Foorsp Svupsect.—Our Western contemporaries occa- sionally have some very amusing controver- sies. Itis a relief in high political times to obtain glimpses of these social lath-bladed controversies. For instance, the Mount Plea- sant (Iowa) Press, of a recent date, says:— “Out of fifty women eating supper at a festi- val, it is a fact that thirty of them sit on one of theimfeet. Why do they?” The Oskaloosa Citizen undertakes to give an answer in the following atrocious manner :—‘‘They don’t out this way. You can find no woman in this bailiwick with a foot big enough for any thirty other women to sit on. Not much. Good Heavens! what underpinning the Mount Pleasant dames must have if the above reflection of our bachelor contemporary was suggested by actual observation. And yet, in case of a grasshopper raid two or three such feet around on a farm couldn't be sneezed at. They'd be handy day times; but, ugh! what would you do with them o’ nights?” of ahip news (adversely, and, - | Gtueral Graut amd the New Tenure of Office Law. The repealers have been cheated. The bill agreed upon by the joint committee of confer- ence on the Tenure of Office law, and accepted by the late out-and-out republican repealers of both houses as a satisfactory adjustment, they say, proves to be a shabby trick. It appears that the new act, which it was thought restored tothe President a decisive authority in the matter of removals and suspensions from office, does no such thing; but that in the case of a suspension from office upon which, within a limited time, the Senate shall have taken no action, such suspension lapses and the sus- pended officer is reinstated. Looking at the new act for its own interpretation, it is a case that might puzzle a Philadelphia lawyer whether the law has been changed from twee- dledee to tweedledum or from tweedledum to tweedledee, But this compromise was Hobson's choice to the President; for it was either this or the old Andy Johnson law, which not only tied him fast in regard to removals and suspensions, but fastened his Cabinet upon him for his whole term, subject in any removal to the con- sent of the Senate. Now, as General Grant has intimated pretty broadly that when he shall become dissatisfied with any Cabinet officer he will make @ change, even to the extent, if necessary, of changing the whole Cabifiet every week till he shall have found the right materials, the full liberty given him here by the Senate in this new law is an important point gained. But the difficulty suggested in the matter of sus- pensions during the absence ot the Senate still remains. The President may assume that the law means tweedledum ; but if the Senate say that it means tweedledee they have him, or they bring him to an issue for the Supreme Court. Here it is. We will suppose that the Senate has adjourned and that John Smith, an unsatisfactory internal revenue officer in a a good whiskey district, has been, in’ the absence of the Senate, suspended, and that John Jones has been put in his place. We will next suppose that the Senate has reas- sembled, and that this suspension, according to law, has been reported to the Senate, but that the session has closed without any action upon the case. Then it is claimed that under this new law, Smith, the man suspended, goes back to his office, and Jones, the President’s substitute, goes out. But what does this signify if the President shall conclude to stick to Jones? In this emergency the Senate, on reassembling, will be waited upon by Smith and informed of his éontinued exclusion from his whiskey inspec- tions in defiance of the Senate’s construction of the law. A resolution of inquiry upon the President will then be necessary in behalf of Smith. What then? All that the President will have to do will be to say to the Senate that according to his construction of the law Jones is the right man. It will be re- membered that President Johnson found in one of the reconstruction laws a hole through which (as Daniel O'Connell said of the holes in the laws of Parliament) you might drive a coach and four, and that Johnson did drive his coach and four, labelled ‘‘my policy,” through the hole aforesaid. This done, the two houses of Congress, under a special law provided to head off Johnson, speedily reas- sembled and passed an explanatory law, filling up the hole in question and heading off John- son over his veto, as usual. In the case of Jones the only alternative to the Senate will be the same thing—a law ex- planatory of this new Tenure of Office act— but if they attempt it they will be swamped in the House and the President will have the victory. The case is clear enough. The President must execute the laws; but where there is manifestly a trick of pettifogging in a law capable of two or three constructions, the President must execute it as he understands it. In doing this, in default of any explana- tory law, he may get up a case for the Supreme Court, where, as that court now stands, all tlris office legislation trenching upon the unbroken practice of the government down to the tying up of Johnson would doubtless be pronounced unconstitutional and void. It would be a great thing for the country, too, if General Grant were to seize the first oppor- tunity to make a case for the, Supreme Court which would result in defining the constitu- tional rights of the Executive and the metes and bounds of Congress. The Pacific Railroad Maddie and Frauds, James Fisk, Jr., is stirring things up all round with a long pole and creating a lively sensation in Wall street, in the law courts, among the theatres, in the coulisses, and throughout the world generally. But his ope- rations with theatres, opéra bouffe and “Black Crook” spectacles are all eclipsed by the last grand sensation he has created about the Pacific Railroad schemes and frauds. Fisk is just the man for this work, for he knows all about railroad scheming and cheating. He is charged with issuing bogus stock and other- wise managing the affairs of the Erie Railroad for the profit of himself and associates to the amount of ten millions of dollars. But he can no doubt expose cheating in the Pacific Rail- roads to the amount of thirty, forty, or fifty millions. The truth is, there is cheating on the grandest scale in all these railroads, and it is only when the sharp managers quarrel over the spoils that the public get at the facts. Fisk is in his element now, and is stirring up simul- taneously in Washington and this city the Pacific Railroad managers, the Crédit Mobilier and all the other phases of the grand swindling ring. The lawyers are delighted, numbers of them being employed in the case, and numbers more expecting to be employed. They, at least, will reap a rich harvest, while the public will have the benefit of interesting and useful disclosures. When roguos disagree honest people may get their dues, Important RuMor—That Senator Sprague contemplates buying up the old National In- telligencer, in order’ to run it on a new depart- ure for the Presidential succession, Atry Atrire.—A Western paper states that the young Indians up about Toledo dress cool. The Republican saw one of them bravely clad in a red flannel string about his neck. This is something like the string the kindling wood dealers hereabouts place around their bundles, only there is hardly wood enough to keep the string together. * moment, particulaaly in Spain. The Critical Condition of Europe. ‘The News from Guba. Our correspondence and our telegrams from | Our telegraphic advices from Cuba show the Europe for some time past have been singu- larly suggestive and, in spite of peace desires, rather bellicose than otherwise. We have had intimations of the most contradictory kind. One day we are told of army reductions; another day we are told of army mobilization. We are again informed that officers and men of the French army on leave of absence are suddenly summoned to join their respective regiments, We have not yet had any high official announcement that war was imminent, but studious silence is oftentimes as suggestive a8 unguarded speech. We do not exaggerate when we say that since the outbreak of the German war in 1866 there has been nothing in Europe similar to the present condition of things. There is a cautious and determined measuring of strength. All the European na- tions are armed to the teeth. Every one of them believes that the time for action is close at hand, but no one is certain where or in what connection it may be necessary to un- sheathe the sword. We describe the situation when we say that Europe, burdened with in- tolerable armaments, is sick of peace, which is wae without the excitement which naturally belongs to it—war without the consequent honor and glory. The Emperor of the Prench presents in his single self the key to the European situation. All that he now is and all that he has been since 1851 he owes tosuccess. Of all success- ful men for the last quarter of a century he has been unquestionably, until very recently, the most successful. Fortune has favored him. The fates have all been on his aide. The tide so often written about, which occurs in the affairs of men, seems to have arrived in the affairs of Louis Napoleon. His schemes and plans are no longer necessarily successful. They sometimes fail. Some of the failures have been disagreeable to him and hurtful to his prestige. For years not France alone, but Europe and the world believed him infal- lible. He was the great temporal Pope. His sword swayed destiny. It is so no longer. He can make mistakes, and the mistakes are so palpable that France and even the outside world can see them. A reputation built upon success, deriving all its worth from supposed infallibility, cannot suwvive repeated failure. Such is the condition of Louis Napoleon and such is the situation in Europe. France is no longer the controlling Power ; nor is Louis Napoleon any longer the arbiter. The power has passed away from the country, and it is now in other hands. Bismarck, not Napoleon, commands the situation. Proof of this is everywhere. We see it at the present The arraage- ment about to be come to in regard to the Spanish throne is one which, to the French Emperor, must be extremely distasteful. Is is an arrangement, however, which he cannot resist. As in days gone by the money of England, this time fairly and justly used, has been too much for French wit, and more powerful than Corsican genius. Prussia and England together have been too many for Na- poleon and his Ministers. Spain makes an election which snubs Napoleonic as well as French pretension. Italy, tired of the Pope, angry about the approaching Ecumenical Council and sick of the temporal power, re- joices in the hope of freedom. If Bismarck would but say the word it would be the easiest thing in the world to unite Italy and Spain against France. With the aid of Eng- lish gold, which is already working in the Peninsula, it would be all the easier. France is thus losing her position. The French people are grieved; Napoleon, his mind filled with thoughts about his successor, bites his lip with rage. But France has a fine army, fully equipped, well officered and ready for action. One vigorous campaign might give France her ancient position and make Napo- leon greater and more powerful than ever. Why should not the army be let loose? This is the European question of the hour. When France is contented the world is at rest. But France is not contented. The trouble is all here. Tae Reporrep Fuss iv THe CABINET.— It is reported that Mr. Fish, Secretary of State, is in a bad humgg in consequence of the discovery that the bulk of the foreign missions and consulates were all arranged by Mr. Wash- burne before his retirement from the depart- ment, In short, it is conjectured that Mr. Fish will probably soon retire in disgust. Two or three of the Cabinet members, it is also said, are getting shaky. Very good. We have no objection to a new Cabinet out and out every Monday morning, until General Grant shall have secured one perfectly harmonious, all satisfactory and satisfied, and all just the thing. We presume that if Mr. Fish is getting out of patience with anything it is with the torments of the office-seekers, and it would not be surprising if, to escape these torments, he should seek relief in an early re- tirement, independent as he is of office-seekers and office-holders. Apart from his case, however, we regard the best thing in Gene- ral Grant’s programme his declared policy of holding his Cabinet subject to the uni- versal law of reconstruction all the time, Coor.—A Western paper confounds Moses H. Grinnell, our new Collector, with Henry Grinnell, who was distinguished for his libe- rality in aiding Arctic explorations. But it don't make much difference. Many of those who are seeking office at the Custom House will, if they keep up their courage long enough, find themselves lying out in a cold more penetrating than that of the Arctic regions. Wuat to Do witit AN Ot Sonoor Boarp,.— The Keokuk (lowa) Union states that the fol- lowing impromptu was perpetrated in a school in Albia one day last week :—Teacher—‘We now have a new school board and 4 Smart Boy—‘‘We'll split up the old one for kindling.” Here in New York they split them up to make Aldermen and Representatives with—kindling enough to set the City Hall and the lobby at Albany in a blaze. Repvsiican = Equatity.—In Connecticut twenty-three small towns, with an aggrogate population of only thirty-three thousand, re- turn to the Legislature every yoar forty-six representatives ; Haven, with a population of ninety thousand, are entitled to only four—and no more! No wonder the Legislature goes for negro suffrage in opposition to the popular will, while Hartford and New" efforts which are being made by the colonial authorities to put down the insurgent move- ments in the Villa Clara, Trinidad and Sagua district. Success in that district is of vital importance, as it is a sugar producing region and lies contiguous to the Western Depart- ment, the great seat of Cuban production and wealth. But our despatches also show that the emancipation policy of the Cubans is pro- ducing an effect in leading the negroes to abandon the plantations and join the insur- gents. This policy will no doubt extend and contribute essentially to the destruction of the Spanish power. The negroes are the laboring and hardship-enduring por- tion of the population of the island, and are much better versed in tropical wood- craft than the whites, either Cubans or Spaniards. This, with their power of physical endurance under deprivation, gives them great advantages over the troops, who can illy with- stand the sun and rains of the tropics. The angry feeling which the Spanish volun- teers entertain towards Americans resident in the island is continually showing itself in the arrest of citizens on trumped up charges of complicity in the revolution. The case of Mr. Codrington, our consular agent at Gibara, who has been arrested, his business broken up and himself taken in irons to Havana, is a case in point. To-day we hear of another ar- rest, Mr. Casanova, charged with complicity in the seizure of a steamer. The urgency of these cases, and the fact that the Spanish government refuses to entertain diplomatic communicatfons from our consuls, makes it urgent upon our government to instruct our naval commanders in those waters to look into every case of wrong and require of the Captain General immediate reparation. If reasons are required let the navy fur- nish them. Another step we expect from Congress, which is the immediate passage of the Banks resolution conferring upon the Pre- sident power to recognize the patriot govern- ment -in Cuba when in his judgment it shall be opportune. This will do much towards se- curing the safety of our citizens there and will give a great moral impulse to the cause of freedom. The Case of Real—A Political Job. The political friends of the Deputy Sheriff who was to have been hanged yesterday were right when they declared that the execution would not take place. Before a man can be hanged in this town a great many persons have to give consent, and this consent is more or less difficult to obtain according to circum- stances. If he is a fellow of no account— that is, no influence—say a ship carpenter or a blacksmith, not in the least known to the ward committee, consent comes like the drops of summer rain if there is reasonable cer- tainty of guilt. But if he is a man like Real,’ and has friends—friends in the Sheriff's office, friends on the general committee, friends in the Nineteenth ward gang, and in every other part of our political system—it is pretty sure to be found that one of the men who ought to give consent to his hanging will refuse that consent, No matter how fine the legal point on which the execution is stayed, so that it does not take place. In Real’s case the quibble that has stopped the hangman is beautifully fine. It is, perhaps, the nearest to microscopic of any legal point that ever saved a man’s life—but it suffices. Real was not hanged because his brother had been in the Penitentiary. Here is some benefit in having exuberant relations. His brother had been in the Penitentiary, and was a witness on the trial. He was asked by the prosecuting counsel if he ‘‘had ever been in the Peniten- tiary.” Now, they had no right to ask that; they ought to have produced the record; and this delinquency so far vitiates the proceedings that the accused must be given time to argue for a new trial. ‘All this is law. If you trans- late it into common sense it means*that a man cannot be hanged if he has the right kind of friends. ‘‘Merely that, and nothing more;” for if you set your shrewd old judge to.read a murder trial merely to find in it some question that the prosecution had no right to ask, he is sure to find such a question. There never was a trial without such a question in it, and the question once found, the case is clear—pro- ceedings must stop. This kind of question is as good as an alibi or an injunction. In future the defence must lay traps for these questions, so as to get a saving point of last resort. Reopening of the Hudson. The propeller Nupha, which was the last vessel to make the trip between New York and Hudson before the closing of navigation on the river, arrived here from Hudson on Thurs- day night at eleven o'clock. The Hudson has thus been reopened to the vast and yearly increasing business, both in passengers and in freight, which its waters bear to and from this metropolis, The Nupha left Hudson at seven o'clock on Wednesday, and, on reaching the ice barrier below Coxsackie, became fastened in. The tug Columbia was sent to her assistance, and also became fastened in. Both boats remained fast at the same point until late on Thursday afternoon. The passengers on the Nupha walked ashore. The Nupha was detained throughout Wednesday night by a field ofice. But the sun is already high, and at length the ice barrier was broken, and a scene was offered which James M. Hart might well have been glad to select for his splendid picture of ‘The Breaking Up of the Ice on the Hudson,” now on exhibition at Goupil’s new gallery in Fifth avenue. At last the Nupha has safely reached this port, as the precursor of hundreds of steamers which duriug the ensuing season will bring millions of pounds of freight and hundreds of thousands of passengers to our metropolis. One imme- diate. result will be the cheapening of eggs, butter, flour and all the other necessaries and luxuries of life for which we have had to depend during winter upon expensive railroad facilities. The Hon, Mr. Wells has conclu- sively shown how seriously all classes of our citizens have shared in and suffered by the aggravated cost of living since the extraor- dinary combination of causes directly pro- ductive of such an effect and involved neces- sarily in our civil war. But the opening of navigation on the’ Hudson will materially relieve us from the pressure of this evil. Trade in all its departments will revive, diminished prices will be amply compensated for by multiplied and vastly incroased gales, and the number of rural visitors who will crowd our hotels, our theatres and our churches will soon impart to New York even more than its wonted activity at this season. Murder by Discipline. The age has been villified for its supposed humanity. Especially have hard things been said of it on the score of a sentimental tender- ness towards men who have been consigned to prison. All things thus said, all charges that we treat prisoners better than they were treated in other ages, are simply calumnies. Recent events at Sing Sing must have shown to whoever is not wilfully blind that no cen- tury has ever outdone us in the barbarity of prison discipline. The case of Dean is a suffi- cient example. The treatment he received at the hands of the keeper Buckingham was hor- rible, with the ingenious cruelty of this inven- tive period. He was showered to death— murdered by the falling of water on his feeble frame as clearly as ever man was murdered by dagger or bullet. We do not say that the keeper intended to kill this man. But he in- tended to subdue him; he intended to inflict ran atrocious torture; he intended to crush the man’s obstinate pride, and in a spirit of vindictive and infernal tyranny he used what he knew to be a terrible instrument. He did this in that spirit of fury and hate that does not regard consequences. Death was the re- sult; and this we believe is even tech- nically murder. It is bad enough that such power is in the hands of keep- ers—bad enough that the machinery of justice is perverted to serve the resentments and furies of ill-tempered, savage men; but it is worse that when killing is a consequence of it this crime can be covered up and the protest of humanity smothered and gagged by the action of a coroner and his jury and the ignorance or perjuries of so-called doctors. Dean had asthma—that is some funotional disease of the heart or organs of respiration inducing fits of dyspnoea that nearly led to suffocation. Any cause that depresses the vital actions gives to such attacks a double power, especially the application of cold to the surface of the body, and still more especially cold and wet. Here, then, was man put by diseasesjust where a shower bath was next to certain death, and in this state he is seized by the keeper and for a trivial offence thrust into the instrument of torture and the water let on again and again till the malice of the keeper is satiated. Within twenty-four hours the man dies in an accds of his disease. On these facts the doctors and the coroner and the jury all swear and twaddle and save one another and bury the man without charging his death at any one’s door—thus making them- selves accessories to his murder. We do not know for what crime this man was sent to prison. He stole a dollar, maybe, and it is well for the people to know that while our prisons are in this condition the stealing of a dollar 4s punishable with death; for the keeper is still at large, the doctor who did the swearing still holds his place and the coroner is still coroner of the county in which the prison stands. Tue Heicur or Party ImpupENor.—It is really amusing to witness the coolness and effrontery of some of the politicians in this State. They throw dirt at each other with as much dexterity as if they were showering bouquets upon a prima donna. They cheat each other with a3 much composure as & thimble-rigger would fleece a countryman. Senator Fenton is a case in point. He is accused of corraption while the Governor of the State, and we do not know whether he is guilty or not, but it is certain he is too smart to be caught. Fenton has, no doubt, as easy @ conscience as any other politician.. But we believe him to be as honest as the average— and they are a bad lot altogether. But what strikes us as particularly impudent is in his being assailed with merciless vindictiveness by a paper one of whose proprietors was in- dicted by the Grand Jury for fraud and embez- zlement a couple of years or so ago, and has escaped trial to this day by some underhand or overhand or sleight-of-hand operation known only to the politically initiated. This is the man who is making fight against Senator Fenton, who very properly treats his attacks with the contempt they merit. Dust in tux Custom Hovse.—There are some thirty or more literary loafers whose names are on the pay rolls of the Custom House, and who call regularly once a month for their salaries, but are never seen or heard of at any other time. This is the first dust that will be swept out by the new Collector. COMPLINENTARY DINNER TO PROFESSOR COMPTON. Acomplimentary dinner was given last evening at Delmonico’s, corner of Fourteenth street and Fifth avenue, to Professor Alfred G. Compton, who has been recently appointed to the chair of mixed mathematics in the College of the City of New York, in the place of the late Professor Nichols, by hia per- sonal friends and the friends of popular education in this city. The affair was gotten up in unique style and was highly enjoyable throughout. About eighty gentiemen sat down to dinner. Professor Ogden Doremus presided, having on his right the guest of the evening, Professor Compton, and on his left Mr. Richard L. Larrimore, President of the Board of Education. Mr. James W. Gerard and Mr. Green, President of the Commissioners of the Park, also © CHAIRMAN rose to propose the first toast, “Our Guest, Professor Compton,” and in doing so referred to a long list of persons who had been edu- in the Free Academy, or New York Beste site’ ar, "the ‘pap ihe sean a ral ie v ‘and the various walks of I fe. a He concluded paying a handeome 6 valogan to Profeasor Comp- rete, Geis ante Ween 8 lection of Professor of Mixed Mathematics he traced in a manner reflecting the highest credit on that gentie- man. Professor ComrTon responded in a neat, unosten- tatious speech, whose simplicity was its mort grace- ful ornament. The next toast, “The College of the City of New York. and faithful foes ape | she hold fast the hapit of thorough scientific teaching,” was re- sponded to by Mr. — of the New York bar, tn a humorous Tagua woe third toast, “The Board of Trustees of the Gotlege of New York,” was aj ponded to Mr. LARtuMmons. president of that nay who paid a high eulogium on the new appointee the Fong chair, and remarked that it was an von lence of the ig Vitality of the institution ‘hen it took one of eS wae Ug and elevated iim as Tubaseenteny, bet i ys mpton, who, to was to say, an “unknown eat’. iad or Waldiyaciess: “Popular neation' was responded to by Mr. James W. GIRARD, He said there was nothing in the world to Bag with Mg & education, my Hook bbe se schools of ot New York’ 2 txhibitod ra the A 5355 i oe boy i ay oe tJ the world, of learning were cl power should be ol aia guid be in. would. be the decadiehoe of ion in this ie cont Tast, Coast —“On Common pig on i re spot toby Mr. Bouse, clore vo tue Bowed of au-