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religious equality, with especial reference to the

present movements in Ireland. We are again obliged to compress our review of The English papers unanimously predict serije foreign intelligence into a much smaller space than difficulties, and even war, in case of any attempt its importance demands.

on the part of the United States to get possession In England, the assembling of Parliament is of Cuba, otherwise than by purchase. These re the most important event we have to chronicle. marks were all made before the news of the Cres Both houses met on Thursday, the 4th of Novem cent City affair could have reached England As ber. The Hon. C. Shaw Lefevre was elected ticipating an honorable settlement of the present Speaker. The policy of the Ministry is, of course, jar between ourselves and Cuba, and the pacifics the subject of much speculation; and although tion of our turbulent but good-natured Aibustieros Lord Derby has not definitely abandoned his ad- the criticisms of foreign journals upon our morevocacy of Protection, the Free Traders express no ments are perhaps more amusing than instructive fear as to the successful continuance of their own

The Restoration of the Empire in France

is looked for with the arrival of every steamer. Perhaps the best hint as to the course of the The authority for its establishment must proceed English Parliament during the present season may from the former edicts of Napoleon Bonaparte, be obtained from the speech of Mr. Macaulay, who whose son, it is well known, was to have been dewas returned to the House last July by the elect- clared Napoleon the Second, and not from any ors of Edinburgh. We find his speech delivered previous regulations of the monarchy. The method at Edinburgh, November 2d, reported in the Lon- by which Louis Napoleon, who will be declared don Times of the 4th. It is a concise, pointed, and Napoleon the Third, has arrived at his present strong argument against the Tory Ministry, and security in power will form one of the most interplaces Mr. Macaulay at once in the front rank of esting chapters of modern history. the Opposition.

The pacific professions announced by Louis NaAfter alluding with deep sensibility to the death poleon at Bordeaux do not prevent him from of many of his old associates in Parliament, and making active preparations for war. Besides the comparing the revolutions and misfortunes of the enormous additions making to the steam navy, the continent with the stability and peace of the Brit- fortifications on the coast are every where being ish empire, secured by its incomparable constitu- extended and repaired. Enormous works are going tion, Mr. Macaulay comes to the measures which on at Cherbourg, and a decree was published during he intends to advocate:

Louis Napoleon's visit to Toulon, for an increase to “And, gentlemen, preëminent among the pacific the fortifications of that already important place. victories of reason and public opinion, the recol. It is now the turn of Havre. The Constitutionnel lection of which chiefly, I believe, carried us safe announces great improvements about to be made through the year of revolutions, and through the in the harbor of that place, with a view to the year of counter-revolutions, I would place two great improvement of the entry, and the increase of the reforms, inseparably associated, the one with the accommodation. memory of an illustrious man, who is now beyond

It is questioned whether Austria intends the reach of envy; the other as closely associated to recognize the title of Napoleon III. A tacit acwith the name of another illustrious man, who is quiescence, as was said before, will be given to the still, and I hope long will be, living to be the mark choice of the French people, and the Empire, as for detraction. I speak of the great commercial such, will be tolerated; but in the question of sucreform of 1846, the work of Sir R. Peel, and of the cession and pedigree the Northern Powers are Reform Bill of 1832, which was brought in by Lord likely to be more susceptible. To assume the title J. Russell. (Loud cheers.) I particularly call of Napoleon III. would be, in the eyes of the your attention to those two great reforms, because Austrian organ, to set openly at defiance the treaties it will, in my opinion, be the especial of that of Vienna. When Napoleon first abdicated, small House of Commons in which, by yop- hed note was taken of the feeble plea he put in on favor, I shall have a seat, to defer

Waterloo retook possession of the the Parliamentary reform of

behalf of bis - and after the catastrophe at reform of Sir R. Peel, and to

throne the

and nothing was heard (Applause.)

f a set

Even the revolution of Mr. Macaulay also advocate

aly pa

murmur respecting the Reform,” which, we take it, is a

Aims o

oleon, who had then atand about as difficult to be accon

ned i

watchful eye of the gressional Reform" on our side


the secret thoughts


that unfortunate prince may have been, he well authorities of Cuba against the entrance of the ew that it would be a piece of folly to utter U. S. Mail stearnship Crescent City into the port em, and it is not without reason that an Austrian of Havana. The alleged cause was the publication wspaper loudly proclaims that the Duke of of certain articles in the United States newspapers zichstadt never even pretended to the throne of by Mr. Smith, the pureer of the Crescent City. ·ance. It would be therefore wilful ignorance of The Crescent City was finally permitted to land e lessons of forty years were the French Presi- ber mails and passengers. It is, however, threatnt to assume the title of Napoleon III. ened that the vessel will not again be allowed to

land in case Mr. Smith is on board. Mr. George Law, President of the Mail Steamship Company

to which the Crescent City belongs, has published AMERICAN INTELLIGENCE.

his correspondence with the Department of State We had intended to give in this number the on this subject, in full. It would appear, from the sult of the late Presidential election, by the offi- facts disclosed by this correspondence, that the al returns from the several States, but the slow- force and dignity of the United States Government •ss with which the records are made up renders should be maintained at this time with peculiar is impossible. An incomplete table would of care. It is not a new thing for our nation to have urse be useless, and would require correction in a share in difficulties to the full as vexatious as this, ibsequent numbers. We shall therefore defer but the circumstances of this case make it one of ving the details of the vote till our January is great interest to every class of the ommunity. le, at which time the official vote of each State Aside from the question of the maintenance of our ill probably be declared. We shall include with commercial honor, and the rights of travellers, our le Presidential vote of the present year, the votes Government must manage this affair so as to satis'several elections previous. The vote of Califor- fy the national feeling of the people, or the aggresa is not yet known. It has probably been thrown sive and annexation-favoring radicalism of the presr Pierce, thus leaving the Whigs only Vermont, ent hour will inevitably be strengthened by this assachusetts, Tennessee and Kentucky. proceeding of the Cuban Spaniards. It is a mat

It is hardly necessary to do more than ter of gratification to us that the President has ention, in this place, the death of Daniel Web- made so wise a selection of a Secretary of State. e; as his life and death have been made the sub

A very interesting and important legal ct of an article in the present number. Mr. Web- decision has recently been pronounced in the Suer died at Marshfield, on Sunday morning, Oct. perior Court of New York, in the matter of the Ith, at twenty-two minutes before three o'clock. liberation of eight slaves, who had been landed in is last moments were tranquil, and unaccom- the city of New-York, their owners being on their inied with pain.

way from Virginia to Texas. We cannot give the The Hon. Edward Everett has been ap decision in full, but shall aim to present it in a conpinted Secretary of State, in the place of Mr. densed form as fairly as possible. The decision Vebster, deceased. Mr. Everett has been long 13tb, by Judge Paine of the Superior Court.

was delivered in the City Hall, New-York, Nov. ad honorably known in his own country broad. He brings to his post a clear and manly him upon a writ of habeas corpus, issued to the

Judge Paine remarked that the case came before tellect; a reputation without stain or suspicion ; uch experience in diplomacy; and a measure of respondent, Mr. Lemmon, requiring him to have dustry such as the people have a right to expect the bodies of eight colored persons, lately taken om a public officer. Mr. Everett's term of office from the steamer City of Richmond, and now conill necessarily be short, but we are confident that fined in a house in this city, before him, together Having disposed of several cases urged as being here to reside temporarily may bring with them parallel with this, in which the slaves had been and take away their slaves; and the sixth sectica returned to their owners, the Judge proceeded to contains the following provisions : examine the laws of nations on the subject of the “* Any person not being an inhabitant of this transmission of property from one State or terri. State, who shall be travelling to or from, or pass tory into another. These laws, as presented by the ing through this State, may bring with him any best writers, did not acknowledge so complete and person lawfully held by him in slavery, and may arbitrary a possession in slaves as in inanimate ob- take such person with him from this State ; bei jects of use or merchandise.

withthe causeoftheirimprisonmentand detention. s Secretaryship will be remembered hereafter ith satisfaction by the nation and himself.

The respondent has returned to this writ, that

said eight colored persons are the property of his Judge Sharkey, U. S. Consul at Havana, wife, Juliet Lemmon, who has been their owner uiled for that port after a brief stay at New-Or- for several years past, she being a resident of Viraps, on Tuesday, the 26th of October. The ginia, a slaveholding State, and that by the Constiisturbed state of feeling existing at present be- tution and laws of that State, they have been veen the Spaniards of Cuba, and the American and still are bound to her service as slaves; that ition, demands the constant presence of an active she is now, with her said slaves or property, in ad firm American officer at Havana.

transitu from Virginia to Texas, another slaveIndeed, the position of the Cuban Spaniards is holding State, and by the Constitution and laws of ot at all satisfactory. The Governor of the island which she would be entitled to said slaves, and to a headstrong and quarrelsome man, who seems their service; that she never had any intention of sposed to act before he receives instructions from bringing, and did not bring them into this State to le mother country, and perhaps does not intend remain or reside, but was passing through the har

regard orders after they have reached him. The bor of New-York, on her way from Virginia to overnment of Spain, unless more foolish and rash Texas, when she was compelled by necessity to ian we are willing to believe it, can hardly be touch, or land, without intending to remain longer Lid to be fairly “represented” by an officer whose than was necessary. And she insists that said perplomacy is of the aggressive nature of the pres- sons are not free, but are slaves as aforesaid, and at Governor of Cuba.

that she is entitled to their possession and custody, Our readers probably recollect that on the 3d To this return, the relator has put in a general | November, an order was issued by the Spanish | demurrer.

the person so held in slavery shall not reside er The Judge considered how the local law of New. continue in this State more than nine months; York affected this case.

and if such residence be continued beyond that “To go back first to the right of transit with time, such person shall be free.' slaves, as it is claimed to exist by the natural "Such was and had always been the lss of law: It appears to be settled in the law of nations, this State, down to the year 1841. The Legisla that a right to transit with property not only ex- ture of that year passed an act amending the ists, but that, where such right grows out of a Revised Statutes, in the following words, viz: necessity created by the vis major, it is a perfect The third, fourth, fifth, sixth and seventh see right, and cannot be lawfully refused to a stranger. tions of title 7, chapter 20, of the first part of the (Vattel, B. 2, ch. 9, s. 123. Ib., Preliminaries, Revised Statutes, are hereby repealed. s. 17. Puffendorf, B. 3, ch. 3, s. 9.) In this case, " The sixth section of the Revised Statutes, and it is insisted that the respondent came here with that alone, contained an exception which would his slaves from necessity, the return being so have saved the slaves of the respondent from the stated, and the demurrer admitting that state operation of the first section. The Legislature, by ment. It is perfectly true that the demurrer ad repealing that section, and leaving the first in foli mits whatever is well pleaded in the return. But if force, have, as regards the rights of these people the return intended to state a necessity created by and of their master, made them absolutely free; the vis major, it has pleaded it badly; for it only and that not merely by the legal effect of the re alleges a necessity, without saying what kind of pealing statute, but by the clear and deliberate necessity; and, as it does not allege a necessity intention of the Legislature. It is impossible to created by the vis major, the demurrer has not make this more clear than it is by the mere lanadmitted any such necessity. Where the right guage and evident objects of the two acts of transit does not spring from the vis major, the " It was, however, insisted on the argument same writers agree that it may be lawfully re- that the words imported, introduced, or brought fused. (Ib.)

into this State,' in the first section of the Revised "But, however this may be, it is well settled Statutes, meant only introduced or brought' for in this country, and, so far as I know, has not the purpose of remaining here. So they did, w heretofore been disputed, that a State may right- doubtedly, when the Revised Statutes were passed, fully pass laws, if it chooses to do so, forbidding for an express exception followed in the sixth the entrance or bringing of slaves into its territory. section, giving that meaning to the first And This is so held even by each of the three cases when the Legislature afterward repealed the sixth upon which the respondent's counsel relies. (Com section, they entirely removed that meaning, learmonwealth vs. Ayres, 18 Pick. R. 221. Willard ing the first section, and intending to leave it, to vs. the People, 4 Seammon's Rep, 471. Case of mean what its own explicit and unreserved and Sewall's Slaves, 3 Am. Jurist, 404.)

unqualified language imports. “ The laws of the State of New-York upon this "Not thinking myself called upon to treat this subject appear to me to be entirely free from any case as a casuist or legislator, I have endeavored uncertainty. In my opinion they not only do not simply to discharge my duty as a Judge, in interuphold or legalize a property in slaves within the preting and applying the laws as I find them. limits of the State, but they render it impossible Did not the law seem to me so clear, I might feel that such property should exist within those lim- greater regret that I have been obliged to dispose its, except in the single instance of fugitives from so hastily of a case involving such important conlabor under the Constitution of the United States. sequences.

“ The Revised Statutes (vol. I. 656, 1st. Ed.) *My judgment is that the eight colored persons re-enacting the law of 1817, provide that "No mentioned in the writ be discharged." person held as a slave shall be imported, introduced, or brought into this State, on any pretense

ONEL BENTON'S PROGRAME-Such whatever, except in the cases hereinafter specified

T. Benton's late speech at Jackson, Every such person shall be free. Every pers“

find it reported. Mr. Benton has held as a slave who hath been introduced

in eclectic system lities, and brought into this State contrary to the laws

tance he has

creed force at the time, shall be free.' 'S. 1.

ence and for “The cases excepted by this section are provid

governme for in the six succeeding sections. The second se

measy tion excepts fugitives under the Constitution of t

howeve United States; the third, fourth and fifth sectio.

thro ornant nortnin slae Lelongiog to immigran



mocratic majorities were in both houses of | out, some snags pulled out. Yet, no sooner is an ngress when that appalling sum was voted.” appropriation for them proposed, than they are Mr. Benton condemns the Collins appropriation, clogged with the company of most unequal comd letsin a good deal of light upon the corrup- panions. Obscure streams-canoe-paddling creeks ng practised at Washington. Turning from the -coon-hunting branches---mere streaks of water ste of the public money, to what, in common in a corner, their names unknown to the general th himself, we regard as a legitimate use of it map-are brought forward in juxtaposition, desays:

mand the same national countenance, and embar"Quitting this distant view, and coming nearer go the appropriation unless they are included. me, and looking into our own wants and inter- Unity in the West would put an end to this inters, the first great want that we feel is that of a ference. It would say to these infantile streams, estern spirit in our public men—the want of Stand back! wait till you have grown as big as rsonal devotion, unity of feeling, and concert of the Mississippi, or at least as big as the smallest ion, in relation to Western interests. The Great of his tributaries ! and then come forward with est, like a huge and helpless hulk tugged by your pretensions to equality. An equal among ittle steamer, dangles at the tail of Eastern | equals is what is wanted--a peer among peers !-bjects, no matter how wild! neglecting her and we cannot be damped ourselves for the sake n, no matter how legitimate. How mortifying of saving you. The united voice of the West sce this mighty Valley become an appurtenance, would give authority to that answer, and save our d an obsequious follower in deplorable Eastern legitimate river appropriations from the incumiemes-ocean steam lines, for example-instead brance of small companions on one hand, and the giving a lead, and commanding a support for danger of a Presidential veto on the other.” rown great measures. We have such measures ; Mr. Benton is justly severe on National Conven. d nature has pointed them out with an unerring tions; advocates the choice of Presidents by the od and an imperious voice-marked them out people, and disclaims all selfishness or ambition on th a clearness which admits of no mistake, and his own part in the following words: th a precision which tolerates no oversight. “For myself

, I feel the gravity and responsibil“Here are our great rivers, to us so many arms ity of my position. Time and events give admothe sea; and on which we have a right to safe nitions which cannot be disregarded-time, which well as to free navigation. They are kingly hurries us along to that .bourne from which no ers, requiring each a greater extent in which to traveller returns ;' and events which thin the ranks fold its enormous length than European king of our contemporaries, and leave solitude where ms present; and the smallest of which would associates stood. Four times in the short space of dain a comparison with that majestic Po wbich two years (to go no further back) I have seen the rgil saluted as Rex Fluviorum. Rising on a departure of some one of those with whom I st circumference, collecting in the centre, drain- have long been associated, often matched in fierce ; an area as large as the Roman world in the political contest, never in malice or envy. Cal. ae of the Cæsars, connecting with the seas by boun, Woodbury, Clay, Webster, have all gone ! • heads and the mouths, interlocking with At leaving voids where they stood, and the reflex of a itic and Pacific streams, and uniting the waters light which shines through the world, and will be the torrid Mexican Gulf and the frigid Hudson's seen by after ages to the latest posterity. In the y; they constitute a system of navigation presence of such impressive events and on the jose aggregate is thrice the breadth of the Atlan- verge of such a time, I can have no feelings but ocean ; and of which steam power is the de those of good will to the departed, good wishes lopment, and railways the supplement. These for the living, solicitude for the national honor and ers, though the noblest on earth in a state of prosperity, and an anxious desire to save for myture, yet need some help from the band of man. self the good opinion, valuable beyond all prico ley need improvements which the National with which my countrymen have honored me.” vernment alone can give-some rocks blown

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hundred performers, and will be led by Carl Ec

ert, under whose direction the principal Germ In our review of the musical season of New. Festivals have been conducted. To afford the r York, during the last two months, we have had oc- quired accommodation, the orchestral portice casion to mention with more than usual prominence, the Hall will be entirely remodelled, on the pla the names of M'mes Sontag and Alboni, who have of Exeter Hall, London, forming a spacious az indeed so entirely filled the popular ear that other phitheatre occupying one third of Metropolitai artists have produced but little sensation. We Hall

, and greatly facilitating the acoustic effecs: have waited till the present month before express the music. ing any opinion as to the comparative merits of To be present at one of these concerts will rich these two famous singers, not because we contem- repay the expenses of a trip to New-York fra plated receiving any bias in our own decision from any reasonable distance; and those of our readers the judgment of the public, but because we deem who have travelled hundreds of miles to be such comparisons unfair until time and place have Jenny Lind, may well repeat the journey to atten! fully tested the excellence of rival artists. It was a concert of Madame Sontag. easy from the first to predict a much larger measure -Ar Niblo's, Madam Anna Bishop, sep of success for Madame Sontag than for her younger ported by an excellent company, is giving a series u competiter, but it would not have been in the operas in English. Martha, the most celebrated power of any one to say that the latter would bave composition of Fiotow, a German master, of wbor neglected the accessories of her concerts as she has in this country, we have as yet beard little, was the done, and would have suffered the sight of declin- first of the series, and enjoyed a very successful ing audiences without taking measures to remedy run. The plot of the opera is very slender and the evils that occasioned them.

amusing, while the music is of every shade-some Notwithstanding the advice of her friends, and times as light as the lightest comicalities of Auber, the constant strictures of the Press, Madame Al- and sometimes so sombre as to remind us of Mozart boni bas neither enlarged her orchestra, nor made and Bellini. The comic parts of the composition, any alteration in her troupe. Her orchestra is an however, very much overbalance the serious fragindifferent one, and she knows it. Signor Rovere ments which it contains, and evening after evening, is absolutely distastful to most hearers, and she as the audience have shown their evident prefercannot be ignorant of so very manifest a fact. ence for fun, the comedy has been more broadly With a better basso, Sangiovanni, who is a meri- developed, and its accompanying gravities pushed torious and modest artist, would appear to much into the background. The tragic muse, we venture better advantage than he does; and in fact bis to say, never took up her abode at Niblo's powers are well nigh thrown away in his present This opera of Flotow's deserves to be made a company. But we do not like to enlarge on this classic; and if a few of its faults can be got rid of. subject, since the truth of what we have said is it will be. The “Last Rose of Summer is a very perfectly apparent to those of our readers who pleasing and well-known air no doubt, but this is have attended Madame Alboni's concerts, and the no reason why it should be introduced into a public too are sufficiently aware of it.

musical composition so as to stamp its character Madame Sontag bas displayed greater sagacity. on the entire work. Au appropriated melody, She has gone on from good to better. Like a skil especially, should be but sparingly introduced ful merchant, she has, with increasing success, in. But in "Martha,” the “Last "Rose of Summer is creased her expenditures. Since her third appear- made a great “point." It opens an act. The ance there literally has not been a spare seat at heroine sings it to her lover; and here, let us say any of her conterts. In Philadelphia and Boston it is not at all inappropriate. It appears in nearly her prices were higher than in New York, and every scene, sometimes in scraps, and sometimes even at these rates were largely resold by sp cula. in all its fair proportions. The curtain falls while tors. Her course thus far has been one continued the entire tableau of characters are chanting its success. This has been accomplished mainly by melodies. We submit that this is giving us entirely her own merits, but much is also due to the tact too much of a good thing. People can see too and sagacity with which her concerts have been much even of an old and popular acquaintance. managed.

We will not enlarge upon the occasional inconMadame Sontag has even better things in store sistencies of the plot, because these are of less 000for us. She repays the favors of the public with sequence. The opera contains so much good music usury. Her last series of concerts will commence that we hope our managers will hereafter include at Metropolitan Hall about the 25th of November, it among their stock pieces. and will exceed in richness and effect any thing Madam Bishop's company have an engagement yet witnessed in America. Preparations and re- of some weeks' duration at Niblo's, and we have hearsals have been ing during the last six l heen glad to see a succession of full houses. weeks, to givet Is that character

-MR. WM. HENRY Fry, formerly the prograndeur and

hich the Trier

the Astor Place Opera House, will comMusical Festiv

Hermany s

ies of lectures on inusic, at Metropolijustly famed;

1 of the

the 1st of December. He will illuspieces to be p

ality of

eories and conceptions by the aid of s arrangements,

in the m.

a and chorus. His project has been annals of Ame.

will be

in contemplation, and the present ed into classica


Lvorable season for its accomplish

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