The New York Herald Newspaper, April 21, 1872, Page 8

8 NEW YORK HERALD, SUNDAY, APRIL 21, 1872--QUADRUPLE SHERT. a NEW YORK HERALD BROADWAY AND ANN STREET. JAMES GORDON BENNETT, PROPRIETOR, AMUSEMENTS TO-MORROW EVENING, NIBLO'S GARDEN, Broadway, between Prince and ‘Houston sts.—Biack Fripay. ACADEMY OF MUSIC, Fourteenth street—Irauiay Orxra—Mantua, WOOD'S MUSEUM, Bi formances aiternoon and FIFTH AVENUE THE, Axricie 47. ST. JAMES THEATRE, Twenty-cighth street and roadway.—MacEvor's New Hisuxxicos. Y, corner 80th st.—Per- SEA oF Ici. RE, Twenty-fourth street.— BOWERY THEATRE, Bower; —A Lost Lire—Srectae BuripeGRoom OLYMPIC THEATRE, Broadway.—Tux Batter Pax- Tomimx oF Humrry Doxrry. BOOTH'S THEAT! ‘av.—Tux lnon Cuxst. WALLACK'S THEATRE, Broadway and 13th street.— NDON ASSURANCE. LINA EDWIN’S THEA jor Love; on, Woman Pe enty-third st., corner Sixth 2) Broadway.—Tux Power ro’ Ricurs. \. GRAND OPERA HOU: Quata Rooxn, THIRTY-FOURTH STR a@v.—Vaniery Excurtai MBS. F. B. CONWAY'S BROOKLYN THEATRE— "Dux Kine’s Rivan ‘ner of Bth.av. and 23d st.— THEATRE, near Third tePARE THEATRE, opposite City Hall Brooklyn.— ‘Her, THEATRE COMIQUE, 514 Broadway.—Como Vocar- ‘asus, Neauo Acts, &c.—I'ny Freup or tux CLorn oF Gown, UNION SQUARE THEATRE, Fourteenth st. and Broad- Away.—Tax Vokus Famity. \ TONY PASTOR'S OPERA HOUSE, No, 201 Bowery.— Wieano Eocenrnicities, Bunixsaces, &c. BRYANTS NEW OPERA pnd 7th avs.—Burayr's Mix: DUST, 23d st., between 6th 2ELS. SAN FRANCISCO MINSTREL HALL, 585 Broadway.— Mux San Francisco Mins PAVILION, No. 688 Broad near Fourth st.—Granp \Concanr, NEW YORK MUSEUM OF Bcwnce anv Arr. DR. KAHN'S ANATOMIC. fvay.—Science anv Ant. TOMY, 618 Broadway.— LM EUM, No. 745 Broad- QUADRUPLE SHER | New York, Sunday, April 21, 15 | CONTENTS OF TO-DAY'S HERALD, ere PAGE. 1—Advertisements. i ents. Seventy's 7: Governor Hoffman Non- Committa! on 1 Eminent Lawyers Di he Charter Unconstitu chised!—-Le the Inaugur e Dominion Par- on of the Fishing Music and the Deuth of Bob Third Sunday After ises Te Religious fourth ial: ‘the Mon ip Active; The Bank —Mairiages and De; 'y Market e eral Grant's Opporta 8 Protectorate for MeXxico"—Amusement An- nouncements. 9—Mexico: Revolutionary Recruitment of the In- surgent Treasury for War—Cable Te from Enginnd, “France, Germany, Au Spain, China, ‘Scotland’ and ¢ quah Slaught*: . kee Court Housi 4 day's Proceedin; » Northwest—Pennsylvania cans—Murder in Business Notices. vertiscments, Xi ere vertisements, Beta Hyde: The Close of a Great Trial; Dis- yovtrict Attorney Britton’s Argument for the Peopie; Judge Tappan’s Charge to the Jary; ate me Ao) nee, Jntelli- i) Mence—Advertisemet i Wertisoments. first rtisements, Advertisements. ~Advertiscments, An Inpostnc Cenemontat.—In the Cathedral, ‘at. half-post ten o'clock this morning, the cere- mony of consecrating a new Bishop will be performed, with all the pomp which that Church of the gorgeous ritual hangs around Itenotable acts. The candidate on this occa- Bion is the Rev, Father McNierney, who forthe seventeen years has afted as secretary to the chancellery of the arch-diocese, under the present ‘Archbishop McCloskey and his pre- Hevessor,: thelate Archbishop Hughes. He beara, & high character among his fellow churchiian ‘for oxecutive ability, and is an nékoniplished theological scholar and polyglot. Whe’eénsecration’ will "be conducted by Arch- bishop McOloskey, of New York, assisted by Bishop, Loughlin, of Brooklyn, and Bishop Bacon, of Portland, Me. The sermon will be reached by Bishop Hailey, of Newark. sides’these the American Episcopate will be represented by the Bishops of Burlington, Boutot,' Springfield,’ Hartford, Rochester, Buffalo, Scranton, Harrisburg, Philadelphia, Lonisville, Delaware and Ogdensburg, and the Bishops of Hamilton’ and Kingston, Canada. Au the clergy of the metropolis are invited to be ‘present, and there is little doubt the church will present an impressive appear- buoe;1a¢ the venerable Archbishop, in full wdnonicals, sirrounded by the mitred bishops and surpliced priests, anoints the aspirant ‘with the holy chrysm, pronouncing the solemn words, *‘Receive the Holy Ghost.” | The new Bishop will be appointed the coadjutor in the diocese of Albany. Warrrxe rok tHe Widox.—Gdneral Blair feleégmphed'from Washington to a democratic wonyeution in Louisiana the other day :—«Our friends here think it would be good policy to wéfer the democratic nominations until after Wye Convention at Cincinnati.” Just so. In fike:manner Mr, Belmont, under the advice of ‘our friends’ in Washington, appointed the meeting of) his Democratic National Commit: fee for the 8th of May. In a word, the de- moralized:democracy. are waiting to see what Mr. Brown, Mr: Schurz’ and Mr. Greeley can “Hy Our Diplomacy—General Grant’s Oppor- tunity—Let Us Protectorate for Mexico. ip The administration stands fast on the Amer- ican case on those Alabama claims. In the interest of Confederate speculators and stock jobbers there has evidently been a deep in- trigue at work to secure the withdrawal of our consequential damages. Honest Americans, only interested in the matter in the mainte- nance of the consistency, honor and dignity of their government, will be gratified with the assurance that this intrigue has failed, and that the American case will not be abandoned. We presume that with the official promulgation of this fact the meeting and organization of the Geneva Tribunal for business will be delayed, and that exchanges of diplomatic notes be- tween the “high contracting parties’ will be continued for some time to come. So, then, let it be. There is no necessity in this busi- ness for haste on our part. Our- case will keep, and we can afford to await the sober second thought of England. Meantime, we would again call the attention of General Grant to his duty and his great opportunity in reference to that land of chaos—our neighbor- ing republic of Mexico, and to our existing frontier embarrassments with that unhappy country. Of course the argument that arrests us at the outset is that no governing power has the right to rescue itself from embarrassment by a wanton outrage upon its neighbors. But in no sense can intervention in Mexico assume the aspect of filibustering. All tendencies of that nature faded away with the rebellion. Be- fore the warour Svuthern statesmen were eager forany enterprise that looked to the aggrandize- ment of the South. What slavery wanted was room. The growth of the republic narrowed and stifled it, and the tide of emigration and wealth and education crept into the Ter- ritories north of the Missouri line. This was natural—almost unavoidable. The Southern States were sparsely settled. Slavery gave wealth to the few; but to the Commonwealth it brought atrophy and decay. Asmall, proud, powerful class was burnished into a condition of splendor that gave it the brilliancy and effectiveness of an aristocracy. But it was an aristocracy that took no root. Without titles, laws of entail and primogeni- ture, or an established Church, no aristocracy can grow. And in our country the leaders of this slave power, with their vaior, their accom- plishments and their chivalry, were constantly antagonized by the sentiment of freedom. The free States grew in wealth and popula- tion. The people were eager, practical, self- reliant and bold. Every ship that came to our shores brought recruits, in the shape of the young men of England, Ireland and - Ger- many. In the contest which came, and which, as Mr. Seward prophecied, was, in truth, an “irrepressible conflict,” freedom won. With this triumph there was an end of all fili- bustering adventures in the South. Since the war we have had no disposition to increase our area in the direction of slavery or in any other direction. The annexation of Alaska was a politi- cal necessity which we welcomed because of our relations with England, and as a step in ful- filment of that ‘‘manifest destiny’? which looks towards the Arctic circle. But, apart from the sentiment involved in the annexation of Alaska, we felt a keen delight in surrounding, or flanking, or in some way circumvallating the English on this Continent, Alaska was nothing to us. It was an outlying colony; could not be- come attractive for emigration, and, while giving us a valuable commercial com- modity in seal fur and adding to the area of our fisheries, it was more a burden and an expense than an advantage. Our other annexation ventures were in the direction of St. Thomas and St. Domingo. That St. Thomas affair was shabby and dishonor- able on our part. We agreed to take the island from Denmark, and gave King Christian such assurances that he lowered his flag, abandoned all sovereignty and released his subjects from all allegiance. But we refused to pay the money we agreed to pay, and put upon Den- mark, a small, ancient, and, to us, very friendly Power, o humiliation we would not have dared to offer to Russia or England. We would not pay for St. Thomas, because in time we could take it. This was the whole of the argument. We had the money. We wanted the island. It was necessary to our protection in the West Indies and the safety of our navy in time of war; but the brigand’s plea overruled every other, and we retired from our bargain. St. Domingo would have been ours now but for an intrigue and a scandal. If we had gone about that business in a more diplomatic way, and had not attempted by a clumsy process to do what belonged to exact and cautious diplo- macy, we should have had theisland. The purposes which inspired General Grant in that matter did him great honor; but he failed be- cause he sought to doa regular and proper thing in on irregular way. But two enterprises in the line of our “manifest destiny’? remain, Cuba and Mex- ico. St. Domingo is only postponed. It will come some time or other, with General Grant's second term, if all goes well. As to Cuba, we are no nearer annexation than we were under Buchanan, when Robert J. Walker urged that timid and venerable statesman to make its annexation the ‘war ery of his ad- ministration.’’ We might have found a way to annexation through the present rebellion; but the truth is Spain has held the island too securely for us to have made a demonstration in that direction. The whole tone of the corre- spondence of the Spanish government with our Minister shows a spirit of defiance towards the United States which would be amusing and could be attributed to the spirit of intolerant and ignorant Castilian prided did we not know Have @ id for theft. at Chupinbntl, ond whieh, the why falls they will catch the larks, ‘A Baocx op an Eanrnquane’ was. felt | that there are more Spanish ships-of-war guard- ing Cube and swarming in the Mexican arid Central American seas than we have in bt Momphis- yesterday,” and in all ’ that | out/whole navy, that wo are outmatched and Jow. river country: between: Memphis gna. outaumbered at our own doors, and that Spain Uniro they will be fortunate if they do | may. well look with scorn upon any experi- not: fecl some. moré and. heavier ments against the Ever Faithful Island. If the before long. Th this district, and particularly | knowledge of this disparity has inspired the et Now Madrid and tho’ country immediatély || caution’ of General Grant he deserves great Bround it ‘on both’ sides 6f the Mississippi,'| honor. (We certainly are not in a condition there wns a'terriblé shhking from enrthiqhakes || to provoke a naval war with Spain—a war fu 1811, from day to day, for’ two ‘months. | that’'fh’ {he present’ unsettled condition of Fron these convitlsions the cowrses Of rivets || Spanish politics would be extremely agreeable ‘were changed, Inkes were formed, hills were | to King Amadeus'‘arid'"'the Sagasta Ministry. Ghrown up and ‘fissures were made which ro-'| We want Cuba, butte way to take the wiain to this day. ‘The earth’s crust in this is Rnquestionably very thin ; but we elements below, will go no furthes island is through Mexico, _Every reason poluts , tg towards Mexico. Wedava, “selfish aspects of the auestion. We have shown how the deplorable faflure of our diplomacy with Spain compels General Grant to strengthen himself before the country. We see in Mexico an extraordi- nary condition of affairs. One of the loveliest and richest nations on the earth is abandoned to pauperism and the banditti, to social an- archy, misrule. There is an absence of law, order and religion, We have seen a people claiming to represent oné of the oldest and proudest races in Europe sink into a condition far beneath that of the ancient Aztec Indians, whose dominions were plundered and stolen by Spanish armies. More than that, this people, unable to® keep the peace ot home, is unable to enforce Obedience to its international obligations. Owing its existence as a republic to the kindness and friendship of the United Stateg our frontiers are practically in a state of war because of the depredations of its people. Nor do we see an end to it! Revolution suc- ceeds revolution with endless rapidity; and in the interest of civilization, as well as fin the interest of good government and law, a pro- tectorate or an occupation of the Territory is demanded. Probably that cannot be done with- out the action of Congress. But General Grant can do his share without waiting for Congress. He has troops, and he can use those troops for the protection of his frontiers, Let him send a few regiments to the Rio Grande, and place General Phil Sheridan in command. Lot us have no more trifling with those Mexican border ruffians. Give them Sheridan, and give him authority, and he will settle them. Sheridan on the Rio Grande would have a moral effect upon Mexico of an instant and salutary character, and would, we are pro- foundly convinced, lead to a revolution which would only end when he entered the capital of. the Montezumas as the Liberator and Protector of the Mexican people. The Substance and Shadows of the Re- ligious Press. The substance and shadows of our religious press may be summarized in this manner:— First, the substance, as religious organs, the pure religious teachings of the Gospel ; second, the shadows, the religio-political teachings of pseudo-religious organs. The Observer is a religious organ of the first class. It is Presbyterian in doctrine, and rarely runs into excesses, unless it be on its own side. In speaking of ‘social problems’’ it gives its opinion that ‘the law of gravita- tion seems to hold good in morals as well as in physics.’’ If ‘‘politics’’ had been included there might have been a ready solution to the social problems of the Observer. But tho Christian Union—Henry Ward Beecher—takes another view of the ‘law of gravitation’ in regard to politics. Beecher thinks that the law of gravitation in politics tends to the re-election of General Grant. On the other hand, Theodore Tilton, of the Golden Age, thinks that Grant's withdrawal from the field is necessary in omger to secure the success of the republican party. The Inde- pendent, ignoring altogether the “law of gravi- tation’’ of the Christian Union, plunges thor- oughly into the stream that leads like a torrent to Grant and the White House, and erects a beacon light to direct the faithful on their way. The Hebrew Leader gives a discourse upon the Feast of the Passover, which is drawing near, and the Jewish Times talks upon the same topic with unction and vividness, The Jewish Messenger is indignant upon the Is- mail and Cabul outrages, but does not forget to remind its followers of the Jewish faith that the Feast of the Passover is approaching. The Table (Roman Catholic organ) in dis- coursing upon ‘Exclusive Salvation,’’ does not forget ‘Catholicity in Western Pennsyl- vania,”’ A Catholic Review comes into view. Itisa new organ of the sect whose name it bears. “Father Beckx’’ is its first subject. “Is hea German?” The answer is, ‘that he undoubt- edly was for a long time on the mission in Germany, but neither Bismarck, Ernst Ardt nor the New York Heratp, can show that Bel- gium is a portion of the ‘Fatherland.’’’ Father Beckx, like Father Gavazzi, probably has a “fatherland” of his own. The Freeman's Journal (Catholic), having demolished the Bishops, turns its attention to the demolition of the republican party, con- cluding an elaborate article on the subject in this wise: —‘‘We are for any man representing what is permanent in old time democratic principles against Grant and the infamous party that holds and manages him.” The Methodist talks of the ‘Missionary Question,’’ the ‘Short Lives of Methodist Min- isters,”’ the author of ‘Ecce Homo,” “Church Construction,’ &. But it has not a word to say on the Alabama claims. * The Boston Pilot is the Catholic organ of New England. It does not have much to say editorially, but it publishes a good deal, and what it publishes is always received with satisfaction by Catholic families and allegorical readers and students. It now talks of ‘Reli- gion in Massachusetts,” and asks, “Is it just?’”’ For Heaven's sake let Massachusetts have some sort of religion, whether it be just or not! Within our whole list of religious exchanges we find only two or three that think the poli- tical situation of enough moment to give it a passing line. They have nothing to say about Grant, about the Cincinnati Convention, about the Alabama claims, about the Geneva Con- ference, about revivals in religion—nothing at all about these public religious and political questions—but leave their followers to flounder in ignorance upon the great movements of the age. This should not be. Bismarck and the Charch. One of our latest cable despatches from Ber- lin informs us that the government of Emperor William has taken most decided ground re- garding the hitherto unquestioned authority of the Catholic Church. Recently, and mainly in consequence of the decrees of the Vatican Council, the Church in Germany has been putting forth its strength, and excommunica- tions have been frequent. Opposition to the Vatican decrees has, all over Germany, been visited with excommunication. The Arch- bishop of Munich, the Archbishop of Cologne, and now, the Bishop of Ermaland, have each tried their hands at excommnication. In every case, however, so far as we know, the result has been the same. The civil power has stood by the unfortunate outcasts, and in spite of the Chiurch's frown the pay has gone on. Dillinger and his friends still receive their salaries in Bavaria. The recently excom- municated professors of the University of Bonn still lecture to their students and draw their money as usual. And now the Bishop of Ermaland, and all other bishops who, in any way come under the control of Prince Bis- marek, are told that ‘sentences of excommuni- cation against German subjects clash with the civil law and affect unfavorably the social status, and that, henceforth, before such sen- tences are pronounced, the consent of the gov- ernment must be obtained." The Bishop of Ermaland is further informed that failure in the discharge of this part of his duty ‘will lead to the withdrawal by the government of its recognition of his ecclesiastical functions."” Itis no longer to be denied that in Germany, at least, the Vatican Council has brought forth fruit. Bismarck has done more than conquer France—he has conquered the Catholic forces of Germany. So long as the civil power stands by the excommunicated the Vatican must thunder in vain. In the land of Luther, it is not impossible, we may have another Reformation. , A Bloody Tragedy in ‘the Indian Territory. A terrible story comes to us from the Indian Territory which painfully tells us that the utter lawlessness of the times of the border ruffians, although pushed further out into the wilds, still exists. The despatch which we print in another column gives us the outlines of a tragedy which in savage bloodiness out-Herods anything in the annals of backwoods crime that can be found in history or romance. That the sanguinary affair took place in a court of justice, turning that outpost of legal dispensa- tion into a shamble, marks the fearful condi- tion of society there still more. The Indian Territory has long been known as the resort of some of the worst desperadoes in the world. Among the Indian tribes they find an asylum which their crimes in other parts of the coun- try deny them. One of these scoundrels, named Proctor, for whom the generic term of “border ruffian’”’ was coined—a man steeped in the blood of eighteen murders—was on trial’ for wife murder at Whittemore’s, Barren Fork, in the Cherokee country. An idba of the chance he had of being convicted will be gained from the fact that tho Court House was filled with sympathizing desperadoes armed to the teeth. It appears that about three weeks ago'this same ruffian shot the wife of a white settlor named Kesterson and attempted also to kill the husband, who, however, escaped, and on reaching Little Rock, Arkan- sas, told his story. It was decided that a strong posse of United States marshals should go down to the Court House, at Talaquah, where the miscreant was being tried. The party numbered eleven men. Their instruc- tions were to arrest Proctor on the fresh charge, in case of his acquittal on the other. The vindictive hatred of tho federal govern- ment by the Indian Nations, growing out of th e endeavors to bring criminals among them to justice, finds every possible opportunity to show itself by murdering the deputy marshals who make, or endeavor to make, the arrests. The posse proceeded to the vicinity where the Court was being held, and, knowing the danger of their enterprise, dismounted and approached the place on foot. They wero mot by a volley from the ruffians ambushed in the Court House, and seven oyt of the eleven were killed, one being mortally wounded. Some friends of the posse within the building fired on the scoundrels, and as the result of the fight that ensued there were in all ten killed and six- teen badly wounded, the Sheriff being among the former and the Judge on the bench among the latter... The letter from one of the surviv- ing deputies, written in expectation of a sec- ond attack, is one of those graphic pieces which bear witness to a firmness of purpose, Spartan courage and fidelity to duty which which would have done honor to Leonidas him- self: —‘We are with the dead and wounded, and expect to stay with them until the last one of us goes. Owens is wounded. For God’s sake send help and send quickly.” With a company of thirty determined mounted men en route to the scene of slaughter our informa- tion breaks off like a thrilling chapter in a sen- sation serial, We shall look with strained at- tention for further news from that lend of blood, whose history is one of similar crimes, although this certainly exhibits the feroe nature more awfully than anything coming previously from within its bloody bor- ders. The government has a grave duty to perform in this connection, and the pursuit, capture and condign punishment of these brigands will be its most effective perform- ance for the present. In consequence of the attempt to civilize the tribes and preserve them from annihilation by allowing them a tribal government of their own the march of civilization has been re- tarded in this region and a way made open for the complete defiance of law by the white criminals like this Proctor who take refuge in the Territory. These men, in order to secure themselves a further immunity from the consequences of their crimes, inflame the minds of the Indians against the general gov- ernment, and a wholesale slaughter, as in the present instance, is only an illustration of how snecessfully these white fiends have worked upon the credulity of the Cherokees. The usual stage of judicial advancement in the West which succeeds the era of the white demons among the Indian tribes may be called the period of ‘Lynch’’ law, which, as society grows stronger, disappears. We are aware of the often loose way in which justice is administered in these backwood courts, and how the disregard of human life prevails that sometimes makes law a mockery, the guilty only being brought to justice when uninfluential and wanting in “clear grit,” by which is meant the ability to die before surrendering. Even when a trial is had the guilty often escape, because judges, as well as jurors, in such a state of society, are easily influenced by sympathies that would not be admitted in any court where civilization was more than a name. ‘We have a bad repu- tation for hanging in this county, but it’s mostly before trial,’ was the explanation of a Californian sheriff who had been introduced by a citizen to a traveller aso first rate officer, because “that sheriff never drew a bead and missed, and he’s as good a shot with his horse on the lope as an or’nary man at a hotel bar.’ This fearful grade of civilization is gradually passing away; but the bloody affray at Tala- quah reminds us that it is determined to die hard. In the States and Territories along the Pacific coagt the. law prevails, and this Indian Territory seems like an immense outlaw land, which should, as soon as practicable, be made amenable in some shape to the first necessity of civilization—protection to the law-abiding citizens and punishment to the criminal. The Underplots of the Washington Treaty—Canada Draws the First Prize on Fenians and Fisherics. At the present rate of travelling the Treaty of Washington looks os though it would rival that stultified performance, the tragedy of “Hamlet” with Hamlet left out by special re- quest. All the minor parts of the diplomatic masterpiece are filled, and several scenes of the underplot are being performed with varying success, The San Juan boundary is being played to a limited imperial audience at Ber- lin. The British claims have been convulsing some respectable old gentleman at Washington. The fishery clause has drawn excited audiences at Cape Cod, with interludes, in which Ben Butler played a solo on a fog horn in the House of Representatives. Across the Canadian border, too, the three-mile-limit burletta has been performed with striking effect by a chorus of Blue Noses, with the Governor Gene- ral, Lord Lisgar, as the effective Masaniello, With these small encouragements in view, it is painful to reflect that the absorbing action of the main plot, with its lurid fires of. burning ships in mid-ocean, grave judgment on mo- mentous questions by the Grand Inquisitors at Geneva, all to end in Columbia and Britannia being completely reconciled to each other, is in a fair way to be left unplayed. When, too, we consider how capitally the final tableau was conceived by the high joint authors the present hitches in the great consequential’ damage scene become peculiarly mortifying. As we understood it in America it was as fol- lows:—As the Grand Inquisitors, Adams, Oockburn, Scelopis, Staempfle and Gajuba, con- clude the arbitration chorus with a breakdown 4 T Africaine Columbia and Britannia join hands across a miniature Atlantic Ocean. At this momenta number of English steamers appear on the ocean, heading for America, laden to the water's edge with British gold; at the same time an American steamer (first ap- pearance) heads for England, laden with five cent nickels, to make a good show. Kaiser Wilhelm now advances and decides the boundary question in favor of America, while our fishermen’s schooners are seen swarming in the distance and hooking cod and haddock at the very doors of the Kanucks. Red, white and blue fires—curtain. The present outlook is, therefore, discouraging; and since Miss Britannia swears that the consequential dam- age scene must be left out, and Miss Columbia says she'll be consequentially damaged first, the bewildered managers in our State Depart- ment and the English Foreign Office have our profound sympathy. We can console ourselves by‘looking at the fishery clause as it has worked on both sides of the border. On our side, after much clamor against making the clause a law, the subject seems to have resolved itself into a vague sort of assurance that when the law goes into effect our fishermen shall receive a bounty to compensate for their actual losses by the work- ing of the treaty. On the other side of the border, the Dominion government found fault with the whole affair, because the claims against Great Britain for Fenian invasions had been excluded from the treaty, and there was no commercial compensation for the loss their fishermen were to sustain in the working of the fishery clause. It will be seen, then, that the fishermen on both sides aro to be injured by the action of the treaty—something which is a puzzle to the ordinary mind. On tho Fenian claims the Canadians have been more successful. Finding themselves in a fair way to be sacrificed on the altar of arbitration by England—which, like Artemus Ward, is always ready to generously sacrifice its dearest relatives—the Canadians objected lustily. If they went to the slaughter they were determined to open their mouths. From the correspondence laid before the Dominion Parliament on Thursday last, and printed elsewhere, we learn the devious diplo- matic ways through which these impor- tant international codfish and Fenian raid questions were brought to a solution. The Fenian claims had been rejected by the Joint High Commission, which, wrote Lord Kimber- ley on the 17th of last June, ‘was nothing more than was to be expected.’’ He then very adroitly proceeds to argue why the Dominion government should, in the interest of harmony, allow the Americans to fish in their waters in the coming season. He regrets that the United States would not renew the Reci- procity Treaty of 1854, but gives them a grain of hope-deferred comfort in his sapient opinion that the United States is drifting so fast to free trade that a reciprocity treaty would soon be a suyfrfluity. How far this comical chaff could catch such old birds as Sir John A. Macdonald we can dimly surmise, but Lord Kimberley said something more to the purpose, which a looker-on might think very patronizing, not to say insulting. It was as follows :—‘'Canada cannot reasonably expect that Ehgland should for an indefinite period incur constant risk of serious misunderstandings with tho United States, imperilling, perhaps, the peace of the whole empire, in order to force the American government to change its commercial policy.” The Canadian government resented this pa- ternal treatment, in a mild way refusing to al- low the Americhns to fish, and recounting tho unpopularity of the treaty. Then came a proposition. They wished to meet the views of the imperial government, of course, and as they had made on agreement with British Co- lumbia to construct a Pacific Railroad, and since their canal system wanted ex- tension, they would waive all Fenian claims against England if she would guarantee four millions sterling of a loan for the purpose, Canada at the same time to raise an ttnguaranteed loan toa like amount. Eng- land saw her chance, and replied, offering to guarantee two millions and a half sterling. Canada, observing she had turned a trump, thankfully accepted the offer as a quid pro quo for the sufferings of the Queen's Own at Fort Erie and in recognition of the great battle of Pigeon Hill, and is now prepared to give legislative effect to the treaty clause relative to Canada, fisheries and all. This is a very neat stroke of business, and as the funds are to be applied to the construction of another great Pacific highway and extending her canal system, Canada will be the better for it in every point of view. Fortunately for her, tho carrying out of this will not depend on the treaty’s success or failure, because the Fenian shiudies were excluded with the consent of the Englich themselves, It would be odd indeed, in the event of the whole treaty falling through, to find Canada the only party anything the better for the great diplomatic fuss and flutter. They have some canny people directing affairs in the New Dominion, eed Church and State Independence. Some of us very well remember the divi- sions—the sectional and party divisions—that arose in this country during the long and heated controversies which prevailed on the slavery question before the war. And some of . us also remember with what bitterness those controversies were continued even during the years that we were fighting for the preservation of the Union and the overthrow’ of secession and rebellion. Not only were the States, North and South, arrayed in arms against each other, but churches and denominations drew, swords in defence of or against the hoary- headed lie. Methodists and Presbyterians and, to a lesser extent, Baptists, became divided on this matter, and so cherished their respective theories that they became as bit- terly hostile to each other as if they had not been members of the same branches of Christ's Church or citizens of the same great republic. Local communities and churches were thus divided into cliques and parties, and neigh- _ borhood wor was prosecutéd with all the rigor and hate of pitched battles between alien armies. But the close of the rebellion made it necessary that these hostile factions should transfer tho scene of their battles and conflicts from the open field and ‘the bush to the eccle- siastical and civil Courts. And hence when the war was over we had accounts from all parts of the South and Southwest of civil suits instituted by one party against another for the recovery of Church property. In some instances, and in some places where martial law prevailed, and while it was in force, the government decided such suits by seizing and confiscating the property in dispute and hand- ing it over to that party which had proved its loyalty to the government. Without en- tering into a review of the merits of any such case, or the law under which it might have acted, we believe that, as between loyalists and rebels, the government did what was right and proper in thus rewarding loyalty and punishing rebellion. Several such cases in the State of Lonisiana were thus disposed of, we believe, by the late Secretary Stanton. There arose, however, disputes between churches and congregations in tho “border States,”’ wherein the question of loyalty could not be so easily decided. The States them- selves, in their corporate capacity, had not taken sides either with the government or against it, and they had no power over their citizens, individually, to hinder or to compel them to join such side as they pleased. Those disputes were consequently referred to the State or federal Courts for their decisibn. Kentucky was, perhaps, the most unfortunate of the border States in this regard. Its vacil- lating policy reached down deep among the churches, and they were morally compelled either to declare or to renounce their allegiance to the government of the United States. ‘The General Assembly of the Old School Presbyte- rian Church took its stand against slavery and secession, and the result was, among other things, a rupture in the Synod of Kentucky, and the partition of the Presbyterian Church in that State into Northern and Southern. The Walnut street Presbyterian church of Louis- ville was one of the unfortunate ones. While the majority of its members remained true to the old flag its ruling elders, or a majority of them, went with the South. The members brought suit in the State Courts to recover their Church property and to decide who should be the ruling elders in the Church. The Court of Chancery had this last question under consideration when the other aspects of the case were brought,up for decision in the United States Circuit Court. This Court held that while the ruling elders, whom the State Courts had decided to be such, were trustees of the property, they must hold it in trust for the benefit of the majority of the members. The elders appealed from this decision, and the Supreme Court of the United States a few days ago reaffirmed it, and, in addition, de- cided that where ecclesiastical courts, recog- nized by any church organization or denomi- nation, as the proper tribunals to pass upon any ecclesiastical question, shall so decide, the civil Courts must follow their decision, and ought not to attempt to inquire into its correctness. , ‘This is the true doctrine of law to be held toward an independent church in a free State. Were it otherwise we should soon have a union of Church and State among us, and have to contend with all the evils incident to such a union as we see our neighbors across the ocean contending for. In this decision the Supreme Court has followed precedents, not exactly on the same technical points, but on others where this principle was involved. We have had several similar cases decided as this Louisville Church case has been within & recent period. There was one such Methodist quarrel in or near New Orleans, another Presbyterian in Philadelphia, and still another Methodist at Rockville Centre, L. I, and we believe another, Presbyterian, in Rhode Island; and still more recently was the case of the Alle- gheny church, in which the State Court of Pennsylvania decided in favor of the Roman Catholic Bishop and against the Rey, Father tack. In all those instances and in many more the civil Courts followed the decisions of the ecclesiastical courts; and they did well. It will be o sad day, indeed, when the civil Courts in this country advance ote step beyond this point, or unduly or unjustly interfere with our religious liberties. We have very success- fully and peacefully passed nearly one century of our national existence—an independent Church and an independent State walking hand in hand together, dispensing the blessings of civil and religious liberty to every citizen. And we hail asa good omen this decision of the highest judicial authority in the United States that this is to be our policy henceforth and forever. And by this sign only shall we conquer in the future as we have conquered in the past. silos ke tame THE METROPOLITAN MUSEUM OF ART. ‘The direccors of this excellent institution are re- solved not to allow any opportunity to pass in ad- vancing the knowledge of art. Already several lectures have been given on variors subjects connected with arf, and the directory seem resolved to continue steadily In the road they have entered upon. ‘To-night Mr. Russell Sturgis, Jr, will lecture on the interesting subject of “Coramio Art,” and, we have no doubt, will treat of it with marked ability. Ou Friday evening evening next a reception will be held at the temporary gallery of the Museum. It wil be exclusively for the subscribers.