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BY W. S. JONES.
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l*ers*’ s >i; au •■-\r ttjou prompt re tunas, i
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* <;!>)!> LOCATION FOftt V PHY SICI AN in
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Hoim - H< . LW.auti whauler Guru and Fodder i
taiy t*’ * ‘ ba. ia: : . .• . •: Fo- -o - -;oa given
CUr>'iuwi>, or ear nor. n p ctv*abi
viv_■ 1 JOHN M BLOrNT.
GEO&G SAiS-*PAJ LLA ‘OvpCUND,
2 #W 2>
3Ui App a |
I'he f dkw vc alters >bo .v that it fell# readily and j
..r t “*> . v ■xv I PKATT aCo i
TUfoJo-’ :' t ; :n r*r ui ibe Rev W A McSwain |
gfifJAfl
o- Mr KotK. Mvci3.mu- parSon t*un
Kaysvilie I* O , v.oiutabia w.il be ?citat>lr re
ward- * • r mformtticn in roderence to her. will bo
•LaxAiuMy reeved by WM W SHIELDS,
dwell/ Coliu&bit county, Oa
iLjjrmiklc & Sentinel.
PKi:SII)i:\TS M ESS AGE.
! FA v Ctt zen* rs the Senate and
Hovse of Representatives:
j In obedience lo the command of the coDPtitut'mn,
’ v become my duty ‘to give to CoEgrew?
• ,:.v i nos the state of the Uuion. aud recom
T -d to ideir con?'deration such measures” lb I
’ • “tobe • necessary and expedient,
iiat fi t. and above ail, our thanks are due to A)
, -Jy L<nl tne numerous benefits which He
‘owed upon this people and our united
• - cugh? to ascend to Him that He would
■■■’ Lue to hleea our great republic in time to come
\ He J.a-i blessed it in time past. Slice the ad
i „:mer.t of the laet Congress our constituents
e y and nn unusual degree of health. The
-;.r . i yielded her fruits abundantly, and has
• y rewarded the toil of the husbandman.
. >n great, staples iave commauded high prices,
•. i, up till within a brief period, our xnanufactur
j ‘ ‘ mineral and mechanical occupations Lave
part*-.ken of the general prosperity. We
i\ i . •- j -ed all the elements of materia: wealth
abundance, and yet, notwithstanding all
jf > r ! vantages, our country, in >ts monetary in
{ i* at the present moment in a deplorable
/ <u. In the midst cf unsurpassed plenty in
| :i<e produefions of agricultrire, and in all the ele
j nit- 1 national wealth, we find our manufactures
j < c ponded, our public works retarded, our priva’e
j • at- v pri e. j . of different kinds abandoned, and
| ti:.- u-sudfl of useful laborers thiown out of employ
} merit and reduced to want The revedue of the
} verome&t, which is chiefly derived from duties
I on imports from abroad, has been greatly reduced,
jw: ; the appropriations made by Congreee at its
L.:t .► * i< n for the currant fiscal year are very large
iuan ouit.
( o.vr these circumstances a loan may be required
I t■ 4 • th‘j close of your present session ; but this, al
••••<'■ d'-eply to be regretted, would prove to be
; i ?j!y ■ light m -forturie when compared with the
I titterings and distress prevailing among the people.
V ! ill's the government cannot fail deeply to
;-v': though it may be witLiait the power to
’ extend relief.
1? is our duty t) enquire what has produced such
. i unate results, and whether their recurrence
’ fftc be prevented ? In all former revulsions the
blame might have been fairly attributed to a vari
i ty of co-opper&tiug causes . but not so upon the
[■” -e.it octiasion. It is apparent our existiug mis
ior:unes have proceeded solely from our extrava
t. :/ and vicious system of paper currency and
liank credits, exciting the peole to wild specula*
,n and gambling in stocks. Theee revulsion*
u:- continue to recur at successive intervale so
ng a- the amount of the paper currency and bank
dthe discounts of the country shall be left
to the discretion of fourteen hundred irresponsible
aching institutions, which from the very law of
’ . i na*are will consult the intere st of their stock
!. !i rs lather than the public welfare.
t framers of the constitution, when they gave to
(’ -..grees the power “to coin money and to regulate
t! <* value thereof,” and prohibited the States from
coining money, emittirg bills of credit, or making
anything but gold and silver coin a tender in pay
it of debts, Huppcaed they had protected the
S ‘ !*• against the evils of an excessive and ine
’ ieenuible currency. They are not responsible for
[ the existing anomaly that a government endowed
; wit!: the sovereign attribute of coining money and
; i . ibir.g tbo value thereof should have no power
to prevent othns from driving this coin out of the
1 > untry and fibing up the channels of circulation
I wi'ii paper which does not represent gold and ail-
Ii ,ne of tlio highest and most responsible du
| * ‘ government to insure to the people a sound
! < dating medium, the amount of which ought to
n .vbipted with the utmost possible wisdom and
• kill m the wants of internal trade and foreign e\
’ • If this be cither greatly above or greatly
• v* 11.• proper standard, the marketable value of
! - •• !• iM.ui’s properly i* increased or diminished in
! ;ii- -.me proportion, and injustice to individuals as
: v , ii •■ dculable evils to the community are the
■
I'll‘‘'■riui.at.cly, the construction of tlie federal
• i'ution, which has now prevailed too long tobe
! Migcd, ihis important and delicate duty has been
• it! I from the coining power, and virtually
I 11 ,i. cTfi dI - more than fourteen hundred State
j ! t ■ ;independently of'each other, and regu
j biting tin ir paper isauus almost exclusively !iy a re
r i to thf pt < sent interest of their stockholders.—
l;.- ; i / tlie sovereign power of providing a pa*
I • • < o’.rciu y, insl ad of coin, for the country, the
liir.-t duly which these banka owe to the public, is to
i ; in thi; r vual's a sufiicient pmount of gold and
sili Ar to insure the convertibility of their notes into
r-, uat nil (inland under all circumstances. No
I I ‘Milk ought ever to be chartered without such re
tro on its business tu* io reoufe this result
\,i o*ll r restri lions are comparatively yajp. This
I it* only true touchstone, the only tlh-ient regula
t of a paper currency—the only one which can
Ii .;n the public against over issue and bank pus
| ; i -n A3 a collateral and eventual security it is
| liouti l* -- wise, and ii; all oases ought to be requir
| t a, that backs shall hold an auiount of United States
j or State m vuritiea equal to then notes in circulati vn
! and pledges for their redemption This, however,
f .; i• no adequate Becurity against over issues.
On the contrary, it may be perverted to iutlate the
I cmreiicy. Indeed.it is possible by this means to
■ i-.ir■ vert* all tne debit* of the United States and State
! goveiumetiii into bark notes, without reference to
| H:h specie required U> redeem them. However val
i uiM - these securities may be themselves, they can
j in be converted into gold and silver t the mo
jit ent ot pressure, as our experience teaches,in aufli
:,-nt time to prevent bank suspensions and the de
jI: nation ot Lank notts. In England, which is to
i •; - ..(-ruble ox-ent a paper money country.
, i ougii vastly behind our own in this respect, it was
I deem’ and advisable, anterior to the act of Parliament
l if 184-1, wh’ch wisely separated the issue o! notes
| ft >m the barking department, for ihe Bank ol Eng
’ land always to keep on hand gold and silver equal
I to one-third of its combined circulation and depos
I, pro . ; i was no aon than sufficient
to secure the convertibility of its notes, with the
j whole of (Ireat Britain, and to some extent tlieoon
i !i, ent of Europe, as a field for its .circulation, ren
dering it almost impossible that a suddep and im
! mediate rim to a dangerous amount should be made
! upon it, the same proportion would certainly be in
! t ullioieut unde our banking Bystem. Each of our
j fourteen hundred banks has but a limited circum
| h■! .>nce for its circulation, and iu the course of a
I very few days the depositors and note holders might
! demand from such a banka sufiicient amount in
, specie to compel it to suspend, even although it had
I coin in its vaults equal to one third of its immediate
liabilities. And yet f oi* npf aware, with theex
! . ption of the banks of Louisiana, ihat any State
: bank throughout the Union has be.en required by
; chat ter to keep this or any other proportion of
. .id and silver compared with the amount of its
\\ inbined ciieolation and deposits. What has been
• the coi:v cquence ? In a recent report made by the
• 1: •• -ui v Department on the condition of the banks
i hroughout the different States, according to returns
I nearest to January, lso7, the aggregate
mmuiit *t aetuul specie in their vaults is foS.Hlfi,-
•: of their i irculation f‘2l 1,778,822, and of tbeir
cejn . it. f2i>(),X 1,352. Tlius it appears that these
backs in the aggr gate have considerably less than
<>i e i..!lnrin seven of gold and silver compared
with the i” circulation and deposits. It was palpa
ble. tin refore, that the very fir.-t pressure must drive
them to suspension, and deprive the people of a cpn
v < i tiblc > urrency with all its disastrous oousequen
1.. It is truly wonderful that they should have so
rve tbeir credit, when ade
i;iMmi tor the payment of one seventh of their imme
diate habiiities would h-ve driven them into insol
’ fin’ v. And this is the coi diiiou of the banks,
nor withstanding that four hundred millions of gold
tunn (Jalifotuia have flowed in upon us within the
IH.-t eight years, and the tide still continues to flow,
indeed, such has been the extravagance of bank
credits ’iiat the new banks now hold a considerably
lets amount of specie, eilher in proport ion to their
capital or to their circulation and deposits combin
<d, than they did before the discovery of gold iu
< aliti inia. ’Whilst in the year 1848 their specie in
j.- , p,Tlicn to tbeir capital was more than equal to
. - oiiar tor four and a half, in 1807 it does not
. iut toon* dollar for emy di dollars and thir
(Vile i x ids of their cnpiial. In the year 1818 the
; cio was equal within a very email fractipu to one
.xrintiveo. their circulation aua deposits; in
is..; it not equal to one dollar in seven and a halt
of their circulation and deposits.
From thiseiatement it is easy to account for our
financial history for the last folly years. It has been
t- ’; 1 -■ i>i y of extravagant expansions in the business
followed by ruiuous contract ion?.—
At successive intervals the best and most enterpri
sing men have been tempted to their ruin by exces
, e bank loans of mere paper credit, exciting them
1 to extravagant mportations of foreign goods, wild
-oti-ulaiiciis. and ruinous and demoralising stock
gambling. When the crisis arrives, as arrive it
must, the banks can extend no relief to the people.
In a vain struggle to redeem their liabilities in spe
, . • they are compelled to contract their loans and
,i issues and at last, iu the hour of distress, when
. hob assistance is inoel ueeded, they and their debt
iatoi—ohrwoy.
It is this paper systems of extravagant expansion,
raising the nominal price of gver)’ article far be
vot-d i: -1 cai value, when compared with the cost of
.in.uar articles u countries whose circulation is
-eiv regulated, which has prevented us from com
pel mg in our own markets with foreign manufac
- ,;rcrs. has extravagant importations, and
lias counteracted theetfeot *>f the large iiioideatal
t i election afforded to our domestic manufactures
’ tl.e present revenue tariff. But for this the
brain c. sos <ar manufactures composed of raw ma
, -, the pi\x2u.‘:u>ai of our own country —such as
, ~uoi'. irou and woolen fabrics—would not only
ha%e a> xjiiired ahmst exclusive possession of the
h tne market, but would have created for thein-
.. t , a foreign market throughout the world.
Deplorable. however, as may be our present ti
i m. !a: condition, we may yet indulge in bright
. ,* for the future. No other nation has everex
i: red which could have endured such violent expau
- n- and contract tons of pape: credits withoutlaet
g i. jury : yet the energies of our population, anil
-a;, which never quailsOc.oredifficulties, wiii
enable us >an to recover from our piesent financial
t mbarrassinems. aud may even occasion us speedi
ly is! -u'ct the asson which thc-y have taught
In the oie.au time it is the duty of the government,
by ail proper m ans within its power, to aid in alle
via’ ing the suffeimgs of the people occasioned by
li e ulpensi uof the banks, aud to provide against
a rei urreuce of the same calamity. Unfortunately,
■a e.t cr aspect of the case, it can do but little
iLacks to the independent treasury, the govern
. -at lias not snspeuded payment, as it was compel!-
■ itodo in 1837. It will continue to discharge its
ah ::* to the people in gold aud silver Its dis
, Out--.0-nits in coin will pass into circulation, aud
j ins’., dally assist in restoring a sound currency.—
from its high credit, ehould we be compelled to
i ti ake a tempera y loan, it can be effected cm advau
t-c •a- ti rus. This, h-wever, shall, it possible, be
aw u ■ but.if i: t. ti.-nthe amonut shall be lim
; ited to the lowest practicable sum.
1 ..ave. therefore, determined that whilst no use
uii government works already in prepress shall be
. siispeuacd, new works, not already commenced,
w.j be postponed, if this can be done witbeut in
ury to the Country. Those necessary for its defence
eaatt proce and as though there had been no crisis in
our monetary all's ra.
But the federal government cannot do much to
; prov.de against a recurrence of existing evils Even
...surmountable c institutional objections did not
; . i: ‘ against the creation of a National Bank, this
would famish no adequate preventive security.—
T .e h.s'.ory of the last Bank of the United S'ates
abundantly proves the truth of this assertion. Such
a uank could n.'t, if i< would, regulate the issues
and credits of fourteen hundred State banks in such
manner as to prevent the ruinous expansions and
ecu racuoua iu our currency which affl.cted the
. try ihiongtout the existence ot the late bank.
: . u ' le at u: future suspensions. In 1 tffb an
, ..... made by the Bank of England to curtan
luc : -lies of the country banks under the tuoal fa
\ -rable circumstances. The psj>cr . urTtncy bad
, W n expanded to a ruinous extent, and the Bans
put iurtn all its pow. r to ooutract it in order to re
u.ioe pnee* aud restore the equihbr.um the tor
.• gu exchange*. It a-oordiugiy oon a. ~ - s
i .;i ot of Kmim *i*o in me
V sin hope that the joint sto- k aud piivate banks of
the kb gdom would be compelled to f ‘ row its e rent
pie. It found, b-wever. that as it contracted ‘.hey
expanded, and at the eud of the proc*e, to employ
the language of a very high official an homy, “wha
ever iiouoliou of the pa|>er circu-ation was -ffecled
by ihe Bunk of EagiaLd (in I Sun was more than
in ide up by ’he -s-u-s of the country bai-ks “
But a Back o. tee Cooed Males wou>d not, i. it
c-u and, :-strain tie issues and locus of the State
banks, l- cause its duty as a legutaior of the curreu
cv uiusf often be in uireut conffioi with the unme-
diate interest of its etockhoiders. If we expect one
agent to restrain or control another, their interest
n>us% at least iu some degree, be antagonistic. But
the directors of a bank of the United States would
feel the same interest and same inclination with the
airectora of the State bank? to expand the currency,
to accommodate tbeir favorites and friends with
loans, and to declare large dividends. Such ha&
been our experience in regard to the last tank.
After ali. we mut mainly rely upon the patriot
ism ai.d wisdom of the States, for the prevention
and redress of the evil. If they will afford us a
real specie basis for out paper circulation by in
creasing the denomination of bank notes, first to
twenty, and afterwards to fifty dollars ; if they will
require that the banks shall at all times keeptn
band at ltasf one dollar of gold and silver for every
three dollars of their circulation and deposites ; and
if they will provide by a self-executing enactment,
which LOtliing can arrest, that the moment they bus
pend they shall go into liquidation. I believe that
such provisions, with a weekly publication by each
bank of a statement of ita condition, would go far to
secure us against future suspension t f specie pay
ments.
Congress, in my opinion, possess the power to
pa?H a uniform bankrupt law applicable to all bank
ing institutions throughout the United States, and I
strongly recommend its exercise. This would makc
it the irreversible organic law of each bank's exis
tence, that a suspension of specie payments shall
produce its civil death. Toe instinct of 3elfpre3er
vat ion would then compel it to perform its duties in
each a manner as to escape the penalty and preserve
The existence of banks jmd the circulation of
bank paper are so identifiedwithU. habits of our
people, that they cannot at fbfe day be suddenly
abolished without much immediate injury to the
i-ountry. If we could confine them |o their appro
priate sphere, and prevent them from administer
ing to the spirit of wild and speculation by
extravagant loans and issues, they might be con
tinued with advantage to the public.
But this 1 eay, after long and much reflection ; if
experience shall prove it to be mpossible to enjoy
the facilities which well-regulated banks might af
:ord, without at the same time Buffering the cala
mities which the excesses of the banks have hith
erto inflicted upon the country, it would then be far
the leaser evil to deprive them altogether of the
power to issue a paper currency and confine them
to the functions of banks ol'deposite and discount
i >ur relations with foreign governments are upon
the whole, in a satisfactory condition.
The diplomatic difficulties wnich existed between
the government of the United States and that of
Gieat Britain at the adjournment of the last Cou
gresa have been happily terminated by the appoint
ment of a British minister to this country, who has
been cordially received.
Whilst it is greatly to the interest, as I am con
viuced it is the sincere desire, of the governments
and people of the two countries to be on terms of inti
mate 1 iendshio with each other, it has been our
misfortune almost always to have had eorne irrita
ting, if not dangerous, outstanding question with
Great Britain.
Since the origin of the government we have
been employed in negotiation treaties with that
power, and afterwards in discussing their true in
tent and meaning. In this respect, the convention
of April 111, 1850, commonly called the Clayton and
Bulwer treaty, has been the most unfortunate of
all; because the two governments place directly
opposite and contradictory constructions upon it*
fii et and most important article. Whilst, m the
United States, we believed that this treaty would
place both powers upon an exact equality by the
stipulations that neither will ever “occupy, or forti
fy, or colonize, or assume or exercise any domin
ion.’ over any part of Central America, it is con
tended by the British government that the true
construction of this language has left them in the
rightful possession of all that part of Central
America which was in their occupancy at the date
of the treaty . in the fact, that the treaty is a vir
tual recognition on the part of the United States of
the right us Great Brituin, either as owner or pro
tector, to the whole extensive coasts of Central
America, sweeping rouud from the Bio Hondo to
the port and harbor of San Juan de Nicaragua, to
gether with the adjacent Bay Islands, except the
comparatively small portion of this between the
Saratoon and Cape Honduras. According to their
construction, the treaty does no more than simply
prohibit them from extending their possessions in
Central America beyond the present limits. It is
not too much to assert, that .f in the United States
the treaty had been considered susceptible of such
a construction, it never would have been negotia
ted under the authority of the President, nor would
it have received the approbation of the Senate.
The universal conviction in the United States was,
that, when our government consented to violate its
traditional and time honored policy, and to stipulate
with a foreign government never to occupy or ac
quire territory m the Central American portion of
our own continent, tiie consideration for this sacri
fire was that Great Britain should, in tbjs respect
at least, be placed in the same position with our
selves. Whilst we have no right to doubt the sin
cerity of the Briish government in their construc
tion (*f the treaty, it is at the same time my delibe
rate oogyiction that this construction is in opposi
tion botli to its iettpr and its spirit.
Under the late adminieu&iiop negotiations were
instituted between the two governments for the
purpose, if possible, of removing these difficulties ;
and a treaty having this laudable object in view
was signed at London on the 17th October, 1856,
and was submitted by the President to the Senate
on the following 10th bf pecembcr. Whether this
treaty, either in its original or amended fgrrn, would
have accomplished the object intended without giv
ing birth to new and embarrassing complications
between the two governments, may perhaps be
well questioned. Certain it is. however, it w 8 ren
dered much objectionable by the different
amendments made to it by the Senate. The treaty,
as amended, was ratified by one on the 12th March,
1857, ai.d was to Loudon for ratifica
tion by the British government. That government
expressed its willingness to etpeur all the amend
ments made by the Senate with the single excep
tion of the clause relating to Buatan and the other
islands iu the pay of Honduras. The article in the
original treaty, ac submitted to the Senate, after re
citing that these islands and thoir inhabitants “hav
•ing been by a convention bearing date the 27th day
ot August, 1856, between her Britannic Majesty
and the republic of Honduras, constituted and de
dared a tree territory under the sovereignty of the
said republic of Honduras,’’ stipulated that “the
two contracting parties do hereby mutually engage
to recognise a*id pesnect in ali future time the inde
pendeuce and rights of the sajid free territory as a
part of the republic of Honduras.’-
Upon an examination of this convention between
Great Britain au i Honduras of the 27th August,
1856, it was found t.at, whilst declaring the Bay
Islands to be “a free territory under the sovereign
ty of the republic of Honduras,” it deprived that
republic of rights without which its sovere gnty
over them could scarcely be said to exist. It divi
ded them from the remainder of Honduras, and
gave to their inhabitants a separate government of
their own, witjj legislative, executive, and judicial
officers, elected by themselves. It deprived the
government of Honduras ot the taxing power in
every form, and exempted the people of the islands
from the performance of military duty except for
their own exclusive defence. It also prohibited
that republic from erecting fortifications upon them
for their protection—thus leaving them open to in
vasion from any quarter: and, final y, it provided
“that slavery shall net at any time hereafter be per
mitted to exist therein.'’
Had Honduras ratified this conveution, she would
have ratified the establishment of a State substan
tially independent wjthin her own limits, and a State
nt all times subject to British influence and control.
Moicover, had the United States ratified thetrea'y
with Great Britain in its original form, we should
have been bound “to recognize and respect in all
future time ’these stipulations to the prejudice of
Honduras. Being iu direct opposition to fiie spirit
and meaning of the Clayton and Bulwer treaty, as
understood in the United States, the Senate rejected
the entity clause, and substituted in its stead a sim
ple recognition of the sovereign right of Honduras
to these islands in the following language; “The
two contracting parties do hereby mutually engage
to recognise and respect the islands of Ruatan, Bo
naoo, Utila. Barbaretta, Helena and Mflrat, situate
iu the Bay of Honduras, and oft’ the coast o! the re
public of Honduras, as *nder the sovereignty, and
as part of the said republic of Honduras.”
Great Britain rejected this amendment, assigning
as the only reason, that the ratifications of the con
vention of the 27th August, 1856, between her and
Honduras, had not been “exchanged, owing to the
hesitation ot that government.” Had this been
done, it is stated that “her Majesty's government
would have had little difficulty in agreeing to the i
modification proposed by the Senate, which then
would have had in effect the same signification as
the original wording.” Whether this would have
been the effect . whether the mere circumstance of
the exchange of the ratifications o i the British con
veution with Honduroe prior iu point of time to the
ratification of our treaty with Great Britain would,
“in effect, ’ have had “the same signification as the
original wording,” and thus have nullified the
amendment of the Senate, may well be doubted.—
It is, perhaps, fortunate that the question has never
arisen
Tne British government, immediately after re
jectirg the treaty as amended, proposed to enter
into anew treaty with tLe United States, similar in
all respects to the treaty which they had just refused
to ratify, if fbe United States would consent to add
to the Seuate s clear and unqualified recognition of
the sovereignty of Honduras over the Bay Islands
the following conditional stipulation: “Whenever
and so soon as the republic of Honduras shall have
concluded ana ratified a treaty with Great Britain,
by which Great Britain ?hall have ceded, and the
republic of Honduras shall have accepted, the said
islands, subject to the provisions and conditions con
tained in such treaty.”
Tnis piopositiou was, of course, rejected After
the Senate had refused to recognise the British con
vention with Honduras of the 27th August. 1856.
with full knowedge of its contents, it was impossi
ble for me. necessarily ignorant of the “provisions
and conditions which might be contained in a fu
t ure convention between the same parties to sanc-
tio i them in ad. auce.
The fact is, that when two nations like Great Bri
tain and the Cnited States, mutually desirous as
they are. and I trust ever may be, of maintaining the
most friendly relations with each other, have unfor
tunately concluded a treaty which they understand
in senses directly opposite, the wisest course is to
abrogate such a treaty by mutual consent, and to
commence anew. Had this been done promptly,
all difficulties in Central America would most pro
bably ere this been adjusted to the satisfae ion of
both parlies. The time spent in discussing the
meaning ti the Clayton-Boiwer treaty would have
been devoted to this praiseworthy purpose, aud the
ta-k would have been the more easily accomplished
becau.-c the inters,- 1 us the two countries in Central
America is identical, being confined to securing
safe transits over all the routes across the I tiimua.
Whilst entertaining these sentiments. I shall ne
vertheless not refuse to contribute to any reasonable
adjustment of the Central American questions
which is not practically inconsistent with the Am
erican interpretation of the treaty. Oveitures for
this purpose have been recently made by the British
government in a friendly spirit, which I cordially
reciprocate; but whether this renewed effort will re
suit in success I am not yet prepared to express an
opinion. A brief period will determine.
With France our ancient relations of friendship
still continue to exist. The French government
having in several recent instances which need not
be enumerated, evinoed a spirit of good will and
kindness towards our country which I heartily re
ciprocate. It is, notwl bstandinc. much to be re
gretted. that two na'iocs whose productions are of
such a character as to invite the most extensive ex
changes and f-eest commercial intercourse, should
continue to enforce ancient and obsolete restric
turns of trade against each other. Our commercial
treaty with France is ii this respoct an exception
from our treaties with all other commercial nations,
I* .lea-oualy leviee discriminating duties both on tou
uage, and ua articles, the growth, produce, or mar, -
utac.ure of the one country, when arriving iu ves
sels belonging to the other. ”
so£°s? Ul “‘ funy ye s E K°- on the Od of March.
1510, O stress passed an act offering to all nations
to admit t - vessels ladenad with their national
production, mu the porta of the United Sta'esupon
the same le-ms with our own veaiels, provided they
would reciprocate to us similar advantages This
act e—.rind ;he ree procity to the productions of
the res, - ‘ve ioreign nation* who mn-kt enter into
‘he propose- rangemeat with the United Stales
The act of May -1. IffJS, removed this restriction
and offered a similar reciprocity to all such vessels
without reference to the origin of their cargoes
Upon tiles- principles our commercial treaties and
arrangements have been founded, except with
France and let us hope that this exception may not
bong exist
Onr faiaUous with Uussia remains as they have
ever been, ou the meet friendly luotiug. Tne pre
sent Emperor, as well as his predecessor, have nev
er failed, when the occasion offered, to manifest
AUGUSTA, GA., WEDNESDAY MORNING, DECEMBER 16, 1857.
their good w ill to our country; and their friendship
has always been highly appreciated by the govern
ment ana people of the United States.
With all other European governments, except
that of Spain, our rela*iona are as peaceful as we
could desire. I regret to say that no progress what
ever has been since the adjournment of Con
gress towards the settlement of any of the numer
ous c!a ms of our citizens against the Spanish gov
ernment. Besides, the outrage committed on our
flag by tLe Spanish war frigate Feridana on the
high sea?, on the coast of Cuba, in March. 1855, by
tiring into the American mail steamer Ei Dorado,
and detaining and searching her, remains unac
knowledged and unredreß߀d. The general tone
nvd temper of the Spanish government towards the
United States are much to be regretted. Our pre
rent envoy extraordinary and minister plenipoten
tiary to Madrid has to be recalled; and it is
my purpose to send out anew minister to Spain,
with spetial instructions on all questions pending
between the two governments, and with a determi
nation to Lave them speedily and am .cabiy adjust
ed, if this be possible. Iu the meantime, whenever
our minister urges the just claims of our citizens on
the notice of the Spanish government, he is met
with the objection that Congress has never made
the appropriation recommended by President Polk
in his annual message of December, 1817. “to be
oaid to the Spanish government for the purpose of
distribution among the claimants in the A misted
case. A similar lecommendation was made bv ray
immediate predecessor in his message of December,
1853; and entirely concurring with both in the opin
ion that this indemnity is justly due under the trea
ty with Spain of the 27th October, 1795. 1 earn
estly recommend such an appropriation to the favor
able consideration of Congress.
A treaty off iendship and commerce was conclu
ded at Constantinople on the 13th December, 1856,
between the United States and Persia, the ratifica
tions of which were exchanged at Constantinople on
the 13th June, 1857, and the treaty was proclaimed
by the President on the 18th August, 1857. This
treaty, it is believed, will prove beneficial to Ame
ricau commerce. The Shah has mani ested an
earnest disposition to cultivate friendly relations
wbh our Country, aud has expressed a’ strong wish
that we should be represented at Teheran by a min
ister plenipotentiary, and I recommend that an ap
propriation be made for this purpose.
Recent occurrences in China have been unfavo
rable to a revision of the treaty with that empire
of the 3d July, 1844, wjth a view to the security aud
extension of our commerce. Tho 2Jth article of this
treaty stipulated for a revision of it iu case experi
ence should prove this to be requisite ; “in which
case the two governments will, at the expiration of
twelve years from the date of said convention, treat
amicably concerning the same, by means of suita
ble parsons appointed to conduct such negotiation.’’
These twelve years expired on the 3d July, 1856 ;
but long before that period it was ascertained that
important changes in the treaty were necessary ;
and several fiuitless attempts were made by the
commissioners of the United States to effect these
changes. Another efforj was about to be made lor
the same purpose by our commissioner, iu conjunc
tion with the ministers of England and France, but
this was suspended by the occurrence of ho tilities
in the Canton river between Great Britain and the
Chinese Empire. These hostilities have necessari
ly interrupted the trade of all nations with Canton,
which is now iu a state of blockade, and have occa
sioned a serious loss of life and property. Mean
while the insurrection within the. empire agai ist
the existiug imperial dynasty still continues, and
it is difficult to anticipate what will be the result.
Under these circuinstauces, 1 have deemed it ad
visable to appoint a distinguished citizen of Penn
sylvauia envoy extraordinary and minister plenipo
tentiary to proceed to China, aud to avail himself
of any opportunities which may offer to effect
changes in the existing treaty favprable to American
commerce. He leit the United States for the place
of his destination in July last in the war steamer
Minnesota. Special ministers to China have also
been appointed by the governments of Great Bri
tain and France.
Whilst our minister has been instructed to occupy
a neutral position in reference to the existing hos
tilities at Canton, he will cordially co operate with
the British aud French ministers iu all peaceful
measures to secure by treaty st.ipulat.ons, those just
concessions to commerce which the nations of the
world have a right to expect, and which China can
not long be permitted to withhold. From assuran
ces received, I entertain no doubt that the three
ministers will act in harmonious concert to obtain
simil ir commercial treal lea foreacli of the powers
they represent
We cannot fail to feel a deep interest ;n all Ujat
concerns the welfare of the independent republics
on our own continent, as well as of the empire of
Brazil.
Our difficulties with New Grenada, which a short
time since bore so threatening an aspect, are, it is to
be hoped, in a fair train of settlement, in a manner
just and honorable to bo h parties.
The isthmus of Ceutral America, including that
of Panama, ip the great highway between the At
lantic and Pacific, qve: which a large portion of the
commerce of the world is destined to pas?. The
United States are more deeply interested than any
other nation in preserving the freedom and security
of ali the communication across the isthmus. It is
our duty, therefore, to take care that they shall not
be interrupted, either by invasions from our own
ceuutry, or by vqrs between the Independent States
of Central America. Under our irealy with New
Grenada, of the 12ih of December, 1846, we are
bound to guar mtee the neutrality of the Isthmus of
Panama, through wnich the Punama railroad passes,
“as well as the rights of sovereignty and property
which New Granada haoand po?set over the said
Territory.” This obligation L founded upon equi
valeuts granted by the treaty to the government
and people of the United States.
Under these circumstances I recommended to Con
gress the passage of an act authorising the President
iu case of necessity, to employ tbo laud and naval
forces of the United States to carry into effect this
guarantee of neutrality aud protection. I also re
commend similar legislation for the security of any
other route across the isthmus in v. hica we may
acquire an iuterest by trebty;
With the independent republ cs on this continent
it is both our duty and our interest to cultivate the
most friendly relations. We can never feel indiffe
rent to their fate, and must always r juice in their
prosperity. Unfortunately, both for them and for
us, our example and advice have lost much of their
influence, in consequence of the lawless expeditions
which have been fitted out against some of them
within the limits of our country. Nothing is belter
calculated to retard our steady material progress, or
impair our character as a nation, than the tolera
tion of such enterprises, in violation of the law ot
nations.
It is one of the first and highest duties of any in
dependent Bfate,8 f ate, iu its relations with the members of
the family of nations, to restrain its people from acts
of hostile aggressions against thpir citizep3 or sub
jects. The most eminent writers on public law do
not hesitate to denounce such hostile acts as rob
bery aud murder.
Weak and teeble States, like those of Central
America, may not feel themselves able to assert and
vindicate their rights. The case would be far diffe
rent if expeditions were set on foot within our own
territories to make private war against a powerful
nation. If such expeditions were fitted out from
abroad against any portion of our country, to burn
down our cities, tmurjer aud plunder our people,
and usurp our government, we should call arty pow
er on earth to the strictest account for not prevent
ing such enormities.
Ever since the administration of General Wash
ington, acts of Coug f ess have been in lbjce to pun
ish severely the crime of setting on foot a military
expedition within the limits of the United States, to
proceed from thence against a nation or State with
whom we are at peace. The present neutrality act
of April 20th, 1818, is but little more than a collec
tion of pre-existing laws. Under this act the Presi
dent is empowered to employ the land and naval
forces and the militia “for the purpose of prevent
ing the carrying on of any euch expedition or enter
prise from the territories or jurisdiction of the Uni
ted States,” and the collectors of customs are au
thorized and required to detain any vessel in port
when there is reason to believe she is about to take
part in such lawless enterprises.
When it was first rendered probable that an at
tempt would be made to get up another unlawful
expedition against Nicaragua, theSecretaiy of State
issued instructions to tie maislials and district at
torneys, which were directed by the Secretaries of
War ami he Navy to the appropriate yrmy and
navy officers, requiring them to be vigil&n't and to
use their best exertions in carrying into effect the
provisions of the act of 1818. Notwithstanding
these precautions, the expedition has escaped from
our shores. Such enterprises can do no possible
good to the country, but have already inflicted much
injury both on its interests and its character. They
have prevented peaceful migration from the United
States to the States of Central America, which could
not fail to prove highly beneficial go all parties con
cerned. in a pecuniary point of view alone, our
citizens sustained heavy losses from the seiz
ure and clcaing of the transit *oute by the San Juan
between the two oceans.
The leader of the recent expedition was arrested
at New-Orieans, but was discharged on giving bail
for his appearance in the insufficient sum of two
thou3ana dollars.
I commend the whole subject to the serious at
tention of Congress, believing that our duty aud
our interest, as welt as our national character, re
quire that we should adopt Buch measures as will
be effectual iu restraining our citizens from com
mitting such outrages.
1 regret to inform you that the President of Para
guay has refused to ratify the treaty between the
United States and that State as amended by the
Senate, the signature of which was mentioned in
the Message of my predecessor to Congress at the
opening of its session in December, 1853. The
reasons assigned for this refusal w ill appear in the
correspondence herewith submitted.
It being desirable to ascertain the fitneS3 of the
river La Plata aud its tributaries for navigation by
steam, the United States steamer Water Witch was
sent thither for that purpose in 1853. The enter
prise was successfully carried on until Feb., 1855,
when, whilst in the peaceful prosecution of he. voy
age up the Parana river, the steamer was fired up
on by a Paraguayan fort. The tire was returned ;
but as the Water Witch was of small force, and not
designed for offensive operations, she retired from
the conflict The pretext upon which the attack
was made was a decree of the President of Para
guay of October, 185-1. prohibiting foreign vessels
of war from navigating the rivers of that State. As
l’araguay. however, was the owner of but one bank
of the river of that name, the other belonging to
Corrientes. a State of the Argentine (Confederation,
the right of it. govern i ent to expect that such a
decree should be obeyed, cannot be acknowledged.
Bat the Water Witch was not, properly speaking, a
vessel-of-war. She was a small steamer engaged in
a scientific enterprise intended for tne advantage of
commercial States generally. Under these circum
stances. lam con.-: rained to consider the attack
upon her as unjustifiable, and as calling for satis
faction from the Paraguayan government.
Citizens of the Cnited States, also, wno were e.-
tablished in Paraguay, have had their property
seized and taken from them, and have otherwise
been treated by the authorities iu an insulting and
arbitrary manner, which requires redress.
A demand for these purposes will be made iu a
firm but conciliatory spirit. This will the more
probably be granted if the Executive shall have an
thority to use other means in the event of a refusal.
This is accordingly recommended.
It is unnecessary to state in detail the alarming
condition of the Territory of Kansas at the time of
my inauguration. The opposing parties then stood
in hostile array against each other, and any acci
dent might have re-lighted the flames of civil war.
Besides, at this critical moment, Kansas was left
without a governor bythe resignation of Governor
Geary. . . ,
On the l'.'.h of February previous, the territorial
legislature had provided for the election of delegates
ou toe third Monday of June to a convention to
meet on the first Monday of September for the pur
pose of framing a constitution preparatory to ad
mission into the Union. This law was in the main
fair and just . and it is to be regretted that all the
qualified electors had not registered themselves and
voted under its provisions.
At the time of the election for delegates, an ex
tensive organization exited in the Territory, whose -
avowed object it was, it need be, to put down the j
lawful government by force, and to establish a
government of their owe under the so called Tope
ka constitution. The persons attached to this revo- 1
lutionary organization abstained from taking any’ i
part in the election.
The act of the territorial leg:;,store ha.: omitted ,
to provide for submitting to the people the consti
tution which might be framed by the convention :
and in the excited state ot public feeung througnoat
Kansas an apprehension extensively prevailed that
a design existed to force upon them a constitution
in relation to slaver, aga net their will. In this
emergency it became my duty, as it was my un
questionable right, having in view the union of all
good citizens in support of the territorial laws, to
express an opinion on the true contraction of the
providers concerning slavery contained in the or
ganic net i>: Congress of the *3O :h May, 13; 1. Con
go.:,; declared it to be “the true intent and mean
ing of lh : s net not to legislate slavery into any Ter
ritory or State, nor to exclude it therefrom, but to
leave the people thereof perfectly tree to for i. and
regulate t’ne.r domestic institutions iu their own
way.” Under it Kansas, “when admitted as a
3 ate,” was to “be received into the Union, with or
without slavery, as their constitution may prescribe
a‘the time of their admission.”
Did Congress mean by this language that the
delegates elected to frame a constitution should
have authority finally to decide the question of
slavery, or did they intend by leaving it to the peo
ple, tnat the people o! Kansas themselves should
decide this question by a direct vote ! On this sub
ject I confess I had never entertained a serious
doubt, and, therefore, iu my instructions to Gov.
Walker of the :28th March last, I merely said that
when a constitution, shall be submitted to the peo
ple of the Territory they must be protected in the
exercise oi their right ot voting for or against that
ii: Vrumeut , and the fair expression of the popular
will must not be interrupted by fraud or vio
lence.”
Iu expressing this opinion it was far from my In
tention to interfere with the decision of the people of
Kansas, either for or against slavery. From this
I have always carefully abstained. Intrusted with
the duty of takiug “care that the laws be faithfully
executed,’ my only desire was that Uie people of
Kansas should furnish to Congress the evidence re
qutred by the organic act, whether for or against
slavery; audio this manner smooth their passage
into the Un on. la the emerging from the territo
rial dependen e into that of a sovereign State, it
was their dntv, in my opinion, to make known their
will by the votes of the majority, on the direct ques
tion whether this important domestic institution
should or ehouid not continue to exist. Indeed, this
was the only possible mode in which their will could
be authentically ascertained.
The election of delegates to a convention must
necessarily ak: place iu separate districts. From
I tbnl cause “tmay readily happen, as has often been
t io case, mat a majority of the people of the Terri
tory are side of a question, whilst a majority
of the ri prasentarives from the several districts into
which it is divided may be upon the other side. This
arises f.om the faet that In some districts delegates
may be elected by email majorities, whilst iu others
those ot different sentiments may receive majorities
sufficiently great not only to overcoms the votes
given for the former, but to leave a large majority
of the whole people iu direct opposition to the ma
jority ot the delegates. Ilseid.e, our history proves
teat iutlueuces may he brought to hear on the rep
resentative sufficiently powerful to induce him to
disregard the will of his constituents. The truth is,
that no other authentic and satisfactory mode ex
i;ta of ascertaining the will of a majority of the peo
ple of auy State or Territory on ati important and
exciting question like that ct slavery iu Kansas, ex
cept by leaving it to a direct vote. Ilow wise, then,
was it for Congves; to pass over all subordinate and
intermediate agencies, and proceed directly to the
source of all legitimate powtr under ouriustitutions.
How vain would any other principle prove in
practice! This may be illustrated by the case of
Kansas. Should she be admitted into the Union,
with a constitution either maintaining or abolish
ing slavery, against the sentiment of the people,
this could have no other effect than to continue and
to exasperate the existing agitation during the brief
period.required to make the constitution conform
to the inti-pon-ibit will of the majority.
The friends aud supporters of the Nebraska and
Kansp act, w hen struggling on a recent ocoasiou to
sustain its .v ise provisions before the great tribunal
of the American people, never differed about its
true meaningon thissubject. Everywhere through
out the Union they publicly pledged their faith aud
their honor, that they would e ueerfully submit the
questicq cf slavery to t|;e decision of ttm bonq fide
people of Kansas, withoui any restriction or qualifi
cation whatever. AU were cordially united upon
the great doctrine of popular sovereignty, which is
the vital principle of our free institutions. Had it
then been intimated from any quarter that it would
lie a sufficient compliance w'ith the requisitions of
the organic law for the members of a convention,
thereafter to be elected, to withhold the question cf
slavery from the people, and to substitute tlcir own
will for that of a legally ascertained majority of all
their constituents, this would have been instantly
rejected. Everywhere they remained true to the
resolution adopted on a celebrated occasion recog
nizing “ the right of the people of all the territories,
including Kansas and Nebraska, acting torougb t'ue
legally and fairly expressed will of a majority cf ac
tual tesidants, and whenever the number of their
inhabitants justified it, to form a constitution, with
or without slavery, and be admitted into the Union
upon terms of perfect equality with the other
States.”
The convention to f’ame a constitution for Kan
sas met on the first Monday of September last.—
They were called together by virtue of an act of the
teintoriul legislature, whose lawful existence had
been recognized by Congress in different enact
ments. A large proportion of the citizens of Kan
sas did tbink proper to register their names aud to
vote at the election for de)Dgate3; but ar. opportu
nity to do this having been fairly afforded, their re
tusal to avail themselves o; their right could iu no
manner affect the legality of the convention.
This convention proceeded to frame a*Constitu
tion for Kansas, and finally adjourned on the 7th
day of November. But little difficulty occurred in
the couvention, except on the subject of slavery.—
The truth is, that the general provisions of our re
cent Stn'o constitutions are so similar—and I may
add, so excellent—that the difference between them
is not essential. Under the earlier practice of the
govgrantent, no oonsrituticn turned qy the conven
tion of a Territory preparatory ta its’ admission in
to the Union as a State had been submitted to the
people. I trust, however, the example set by the
last Congress, requiring that the constitution of Min
nesota “ should be subject to the approval and rati
fication of the people of the proposed State,” may
be followed on future occasions. I took it for grant-1
ed that the convention of Kansas would act in ac
cordance with ibe example, founded, as it is, on cor
rect principles; and hence my’ instructions to Go
vernor Walker, iu favor of submitting the constitu
tion to the peofik, were expressed in general and
unqualified t er”.
In the Kansus-Nebraika act, however, this re
quiremenf, p-s applicable to liu; whole constitution,
had not been inserted, aud the convention were not
bound by its terms to submit any other portion of
the instrument to an election, except that which re
lates to the “domestic institution” of slavery. This
will be rendered clear by a simple reference to its
language. It was “not to legislate slavery into any
Territory or State, nor to exclude it therefrom, but
to leave the people thereof perfectly free to form
and regulate their domestic institutions in their own
way.” According to the plain construction of the
sentence, the words “domestic institutions” have a
direct as they lav an appropriate reference to slav
ery. ‘'Domes, ic ‘institutions” are limited to the
family. The relation between master and slave
aud a few others are “domestic institutions,” and
are entirely distinct from institutions of a political
character. Besides, there was no question then be
fore Congress, nor indeed has there since been auy
serious question before the people of Kansas or the
country, except that which relates to the “domestic
institution” cf slavery.
The Couvention, after an angry and excited de
bate, finally determined, by a ma jority only two, to
submit the question of slavery to the people, though,
at the last, torty three of the. fifty delegates present
affixed their signatures to the Constitution.
A large majority of the convention wero in favor
of establishing slavery in Kansas. They according
ly inserted 8n article ip the'constitutiou for this pur
pose similar in form to those wbioh i ad been adopt
ed by other territorial conventions. In the sche
dule, however, providing for the transition from a
territorial to a State government, the question ifes
been fairly and explicitly referred to the people,
whether they will have a constitution “with or with
out slavery.” It declares that, before the constitu
tion adopted by the convention “shall be sent to
Congress lor ahmiasion into the Union as a State,’
au election shall be held to decide this question, at
which all the white mde inhabitants of the Territo
ry above the age of twenty one, are entitled to
vote. They are to vote by ballot; and “tbe billots
cast at said election shall be endorsed ‘constitution
With slavery, and‘constitution with no slavery.’ ”
If there be :: majority in favor of the “constitution
with slavery,” then it is to be transmitted to Con
gress by the president of the convention in its origi
nal form. If, on the contrary, there shall l.e a ma
jority in favor ot the “constitution with no slavery, ‘
“then the article providing for slavery shall be
stricken from tbe constitution by the president of
this convention ;” and it is expressly declared that
“no slavery shall exist in the State of Kansas, ex
cept that the right of property in slaves now iu the
Territory shall in no manner he interfered with
and in that event it is made his duty to have the
constitution thus ratified transmitted to the Con
gress of the United States for the admission of the
State into the Union.
At this election every citizen will have au oppor
tunity ot expie.,3iug hiaopiuion by his vote “whether
Kansas shall be received into the Union with or
w.thuut slavery and thus this exciting question
may be peacefully settled in the very mode r quir
ed by the organic law. The election will be held
under legitimate authority, and if any portion of
tbe inhabitants shall refuse to vote, a fair opportu
nity to do so having been presented, this will be
their own voluntary act, and they alone will be re
sponsible for the consequences.
Whether Kansas shall be a fiee or a slave State,
must eventually, under some authority, be decided
by an election ; and the question can never be
more dearly or distinctly presented to the people
than it is at the present moment. Should tins op
portunity be rejected, she may be involved for
years in domestic discord, and possibly in civil war,
before she can aga'n reach the point she has already
attained.
Kansas has for some years .coupied too much of
the public attention. It is high time that this should
be directed to far more important objects. When
once admit', and into the Union, whether with or with
out slavery, the excitement beyond her own limits
will speedily pass away, and she will theD, for the
first time, be left, as she ought to have been long
eince, to manage her own affairs in her own way.
If her constitution on the subject of slavery, or on
any other subject be displeasing to a majority of
the people, no human power can pre vent them from
changing it within a brief period. Under these
circumstances, it may weil be questioned whether
the peace and quiet of the whole country are not of
greater importance than the mere temi orary tri
umph of either of the political parties in Kansas.
Should the constitution without slavery be adopt
ed by the vote of the majority, the rights of proper
ty in slaves now in the Territory are reserved. The
number of these is very sma ); but if it were greater
the provision would be enualiy just and l eaa,cable.
These slaves were brought into the Territory under
ihe constitution of the U niten States, and are now
the properly of their masters. This point has at
length been lu.’.’ y decided by the highest judicial
tribunal of the country—and this upon the plain
principle that when a confederacy of sovereign
states acquire anew territory at their jointexpense,
both equality ardjuriice demand that the citizens
of one and a 1 of then shall have the right to take
into it whatsoever is recognized as property by the
common constitution. To have summarily confis
cated the property in slaves already in the Territo
ry, would have been an act of gross injustice, and
contrary to the practice of the older Stales of the
Union which have abolished slavery.
A territorial government was established for
Utah by the act of Congress approved the 9th Sep
tember, 1850, and the constitution and laws of the
United States were thereby extended over it “so
far as the same, or any provisions thereof, may be
applicable.” This act provided for the appointment
by the President, by and with the advice and con
sent of the Senate, of a governor, who was to be
ex-officio superintendent of Indian affairs, a secre
tary. three judges of the supreme court, a marshal,
and a district attorney. Subsequent acts provided
for the app-intment of the c-fficers necessary to ex
tend our b. . and our Indian system over the Ter
ritory. B-tg. si.i Young was appointed the first
governor ot the vOth September, 18SJ, and has held
the office ever sir.ee. Whilst Gov. Young has been
both governor and superintendent of Indian affairs
throughout this period, he has been at the same
rime the head of the church called the Latter Day
Saints, and professes to govern its members and
j dispose of their property by direct inspiration and
authority from the Almighty. His power has been,
therefore, absolute over both Church and S’ate.
! The people of Utah, almost exclusively belong to
| this church, and believing with a fanatical spirit
• that ue is governor of the Territory by divine ap-
J pointment, they obey his commands as if they were
; direct revelation* from Heaven. If, therefore, he’
chooses that hi! government shall come into collis
j ion with the government of the United States, the
I members of the Mormon church will yield implicit
obedience to his will Unfortunately, existing facts
leave but little doubt that such is his determination
Without entering upon a m nute history of occur
rences, it is sufficient to say that all the officers of
the Cnited States, jndicial and executive, with the
stogie exception of two Indian agents, have found
t .
it necessary tor their own personal safety to with
draw from the Territory, and there no longer re
mains any government in Utah but the despotism
of Br ghaut i'oung. This being the condition of af
fairs in the Terrritoy, I could not mistake the path
of duty. As Cbiet Executive Magistrate, I was
bound to restore the supremacy of the constitution
and laws within its limits. In order to effect this
purpose, I appointed anew governor and otherfed
eral officers for Utah, and sent with them a military
force lor their protection, aud to aid as a posse
comitatus, in case of need, in the execution of the
laws.
, ffk the religious opinions of the Mormons, as
.ong as they remained mere opinions, thowev. r de
piorab.e in tuemseives and revolting to the moral
and religious sentiments ota'l Christendom 1 had
no right to interfere. Actions, alone, when in vio
lation cl the constitution and laws of the United
States, become the legitimate subject for tbe juris
oiction ot the civil magist a'e. My inatiuetions to
Gov. Camming have therefore been framed in strict
accordance with these principles. At their date
uepe was indulged that no necessity might exist for
employing the military in restoring aud maintaining
the authority ol the law ; but this hope has now
vanished. Gov. loung has, by proclamation, de
clarcd his determination to maintain by force, aud
already committed acts of hostility, notwithstanding
Mij. Van Vliet, an officer of the army, eeut to Utah
Ly the commanding general to purchase provi
sions tor the troops, had given him the strongest as
surances of the peaceful intentions of the govern
ment, and that the troops would ouly be employed
ns a pakse comila'us when ealied on by the civil
authorities to aid iu the execution of the laws.
There is reason to believe that Gov. Young has
longcontemplatcd this result. He knows tha” the
coutiuuance of his despotic power depends upon the
exclusion of all settlers from the Territory except
those who will acknowledge his divine mission and
implicitly obey his will; and that an enlightened
publjo opinion there would soon prostrate institu
tiona at war with the laws of uod and man. He
has, therefore, for several years, iu order to main
tain his iudependance, been industriously employed
in collecting and fabricating arms aud munitions of
war, aud iu disciplining the Mormons for militarv
service. As superintendent of Indian affairs he has
ban an opportunity of tampering with the Indian
tribes, and exciting their hostile feelings against the
United States. This, according to our information,
ho bas accomplished iu regard t j some of the tribes,
while others have remuined true to their allegiauce,
and have communicated his intrigues to our Indian
ageu's. He has laid in a store of provisions for
three years, which, iu cast- of ueces ity, as he inform
ed Major Van Vliet, he will conceal, “and then take
to the mountains, aud bid defiance to all the powers
of the government.”
A great part of all this may be idle boasting; but
jet no wise government will lightly estimate the ef
forts which may be inspired by such phrpgsied fanat
icism as exists among the Mermens in Utah. This
i; the first rebellion which has existed in our Terri
tories ; aud humanity itself requires that we ehouid
put it down iu such a manner that it shall be the
last. To trifle with it would be to encourage it and
render it formidable. We ought to go there with
such an imposing force as to convince these delud
ed people that resistance would be vain, aud thus
spare tile effusion of blood. V'e can in this manner
best convince them that we are their friends, not
their enemies. In order to accomplish this object it
will be necessary, according to the estimate of the
War Department, to raise four additional regiments;
and this I earnestly recommend to Congress. At
the present moment of depression iu the revenues
of the country, I am sorry to be obliged to recom
mend such a measure; but I feel confident of the
support of Congress, cost wliat it inay, iu supprets
ing the insurrection and in restoring and maintain
ing the sovereignty of the constitution and laws
over the Territory of Utah.
I reepqpneqdto Cungi-eesti.e establishment of a
territorial government over Arizona, incorporating
with it such portions of New Mexico as they may
deem expedient. I need scarcely adduce arguments
in support of this recommendation. We are bound
to protect the lives and property of our citizens in
habiting Arizona, and these are now without any
efficient protection. Their present number is al
ready considerable, end i_. ixpi.dy increasing, not-
Withatandmg the disadvantages under which they
labor. Besides, the proposed Territory is believed
to be rich in minerals and agricultural resources,
especially iu silver and copper. The mails of the
United States to California are now carried over it
throughout its whole extent, aud this routeis known
to be the nearest, aud believed to be the best, to the
Pacific.
Bong experience lias deeply convinced me that a
strict construct! not the powers granted to Con
gress is the only true, as well as the only safe tlieo
ly ot the constitution. Whilst this principle shall
guide my public conduct, I consider ir. clear that un
der the war-making power Congress may appropri
ate money for the construction of a military road
through the territories of the United States, when
this is absolutely necessary for the defence of
any of the States against foreign invasion. The
constitution has conferred upon Congress power “to
decinre war, to raise and support armies, to pro
vide and maintain a navy,’ and to “call forth the
militia to repell invasion.” These high sovereign
powers necessarily invole important and responsi
ble public duties, and among them there is none so
sacred and so imperative as that of preserving our
soil from the iuvas'on of a foreign enemy. The
constitution has, therefore, left nothing on this point
to.construction, but expressly requires that “the
l nitod States shall protect each of them [the States)
against invasion.” Now, if a militaiy‘road over
our own Territories be indispensibiy necessary to
enable us to meet anil repel the invader, it follows
as a necessary consequence not only that we pos
sess the power, bat it is our imperative duty to con
struct such a road. It would be an absurdity to in
vest a government with the unlimited power to
make and conduct war, aud at. the same lime deny
to it the ouly means of reaching and defeating the
enemy at the trontier. Without such a ’•oad it is
quite evident we cannot “protect,’ California and
our Pacific possessions “agaiost invasion.” We
cannot by any means transport men and inanitions
of wur from the Atlantic States in sufiicient time
successfully to delend these remote and dis’ant
portions of the republic.
Experience has proved that the routes across the
Isthmus of pejitrai Amerma are at best but a very
uncertain and unreliable mode of communication.
But even it this were not the case, they would at
once be closed against us iu tiieeventof war with
a naval power so much stronger than our own as to
enable it to blockade the ports at cither end of theae
routes. Alter till, therefore, we can duly rely upon
a military road through our owjt territories : and
ever since the origin ol the government Congress
has been in the practice of appropriating money
from the public treasury for the construction of
such roads,
Ttlm difficulties and the expense of constructing
a mifitary railroad to connect our Ktlunffo and pa
cific States haye been greatly exaggerated. The
distance on the Arizona route near the 3"d parallel
ot north latitude, between the western boundary of
Texaa on the Kio Grande and the eastern bounuary
oi California on th- Colorado, from the best explo
rations now within our knowledge, does not ex
ceed four hundred and seventy miles, and the
lace of tin; country is, in the mam, favorable. For
obvious reasons, the government ought not to un
ite! take tile work itself by means of its own agents.
This ought tobe committed to other agencies, which
Cobgress might asßist either by grants of land or
money, or by both, upon such terms and conditions
as they may deem mo-t beneficial for the country.
Provision might thus be made notonly for the safe,
rapid, and economical transportation of troops ami
ammunition of war, but also of the public mails.
The commercial interests of the whole country, both
East and West, would be greatly promoted by such
a road ; and, above ail, it would be a powerful ad
ditional bond of union. And although advantages
of this kind, whether postal, commercial, or politi
cal, cannot confer constitutional power, yet they
may turnish auxiliary arguments in favor of expe
diting a work of winch, in my judgment, is clearly
embraced within the war-making power.
For these reasons I commend to the friendly con
sideration of Congress the subject of the Pacific
Railroad, without finally committing myself to any
particular route.
Thu report of the Secretary of the Treasury will
furnish a detailed statement of the condition of the
public finances and of the respective branches of
the public service devolved upon that department
of the government. By this repoit it appears that
the amount, of revenue received from ail sources
into the treasury during the fiscal year ending the
ffttth June, 1855, was qifiS.fid! 513.67, whi'h amount
with the balance ol $19,901,3125 -15, remaining in the
treasury at the commencement of the year, made an
aggregate for service of the year of $88,532,839.12.
The public expenditures for the fiscal year ending
30lh June-, 1857, amounted to $70,822,724.85, of
which $5,943,896.91 were applied to the redemption
of the public debt, including iuterest and premium,
leaving in the treasury to the commencement of the
present fiscal year on the Ist July, 1857, $17,710,-
t i 27.
The receipts into the treasury for the first quarter
of the present fiscal year, commencing Ist July,
1857, were $20,929,819 81, and the estimated receipts
of the remaining three qarters to the 30th June, 1808,
are $30,750,000, making with the balance before
stated an aggregate of $75,389,934 08, for the pres
ent fiscal year.
The actual expenditures during the first quarter
of the present fiscal year Were $23,71 i,528 37, of
which $3,895,232 39 were applied to the redemption
of the public debt, including interest and premium.
The probable expenditures of the remaining three
quarters, to 30th J ne, 1858, are $51,248,530 04, in
cluding interest on the public debt, making an ag
gregate $74,903,058 41, leaving an estimated bal
ance in the treasury at the close of the present fis
cal yesr of $420,875 67.
The amount of the public debt at the commence
ment of the present fiscal year was $29,060,386.90.
The amount redeemed since the Ist of July was
$13,895,232 39—leaving a balance unredeemed at
this time of $25,165,154.51.
Tne amount of estimated expenditures for the re
maining three quarters of the present fiscal year
will, in all probability, be increased from tbe causes
set forth in the report of the Secretary. His sugges-’
tioa, therefore, that authority should be given to
supply any temporary deficiency by the issue of a
limited amount of treasury notes, is approved, and
1 accordingly recommend the parage of such a
law.
As stated in the report of the Secretary, the ta
riff of March 3, 1857, baa been in operation for so
short a period of time, and under circumstances so
unfavorable to a just development of its results as
a revenue measure, that I should regard it as inex
pedient, at least for the present, to undertake its
revision.
I transmit herewith the reports made to me by
the Secretary of War and of the Navy, of the In
terior and of the Postmaster General. They all
contain valuable and important information and
suggestions which I commend to the favorable
consideration of Congress.
1 have already recommended the raising of four
additional regiments, and the report of the Secre
tary of War presents strong reasons, proving this
increase of the army, under existing circumstances,
to be indispensable.
I would call the special attention of Congress to the
recommendation of the Secretary of the Navy in favor
< f the construction of ten small war steamers of light
draught. For some years the government has been
obliged on many occasions to hire such steamers from
individuals to supply its pressing wants. At the present
moment we have no armed vessel in the navy which can
penetrate the rivers of China. We have but few which
can enter any of the harbors south of Norfolk, althcugh
many millions of foreign and domestic commerce an
nually pass in and out of these harbors. Some of our
moat valuable interest* and most vulnerable points are
thus left exposed. This class of vessels of light draught,
great speed, and heavy guns would be formidable in
coast defence. Tbe cc&t of their construction will not
be great, and they will require but a comparatively small
expenditure to keep them in commission. In time of
peace they will prove as effective as much larger ves
sels. and often more useful. One ot them should be at
every station where we maintain a squad'on, and three
or four shouid be constantly employed on our Atlantic
aßd Pacific coasts. Economy, utility and efficiency
combine to recommend them as almost indispensable.
Ten of these small vessels would be of incalculable ad
vantage to the navl service, and the whole cost of their
I construction would not exceed two million three hun
dred thousand dollars, or $230,000 each.
The eportof the Secretary of the Interior is worthy
of grave consideration. It treats of the numerous, im
portant. and diversified branches of domestic adminis
tration intrusted to him by law. Among these the most
prominent are the public lands and cur relations with the
Indians.
Our system for the disposal of the public lands, origi
nating with the fatners of the t epublic, baa been im
proved as experience poin ed the way, aud gradually
adapted to the growth and settlement of our western
States and Territories. It baa worked well m practice,
already thirteen States and seven Territories have been
carved out of these lands, and still more *han a thous
and millions of acres remain unsold. What a boundless
prospect this presents to our country of luture prosperi
ty and pover.
We have heretofore disposed of 363,862,464 acres of
the public land.
| Whilst the public Unde, as source of revenue, are
1 of great importance, their importance is far greater a a
1 ttirtuahing homo* for a hardy and independent race of
honest and industrious citizens, who desire to subduo
and cultivate the soil. They ought tobe administered
mainly “With a view of promoting this wise aud benevo
lent policy. In appropriating them for auy other pur-
P oso . ought te use even greater econemy thn if
t.iey had been converted into money, and the proceeds
were already in the public treasury. To squander away
this richest aud noblest inheritance which any people
hate ever enjoyed upon objects of donbtful constitution
ality or expediency, would be to violate oneof tbe most
important trusts ever committed to any people. Whilst
1 do not deuj to Congress the power, when acting bona
fide as a proprietor, to give atvay portions of them for
the purpose of increasing the value of the remainder,
yet, considering the great temptation to abuse this pow
er, we cannot be too cautious in its exercise
Actual settlers under exispng laws are protected
against other purchasers at the pttblic sales, in their
right of pre-emption, to the extent of a quarter sectiou,
or 163 acres of land. The remainder may then be dis
posed of at public or entered at private sale in unlimited
quantities.
Speculation has of late years prevailed to a great ex
tent in the public lands. The consequence has been
-^ a J urge portions of them have become the property
of individuals and companies, and thus the price is
greatij-enhanc ;d to those who desire to purchase for
actual settlement In order to limit the area of specu
iatnm as much as possible, the extinction of the Indian
title and the extension of the pubic surveys ought only
to keep pace w ith the tide of emigration
l i. C .''' n 2 re3s should hereafter grant alternate sections
to states or companies, as they have done heretofore. I
recommend that the intermediate sectious retained by
the government should be subject to preemption by ac-
...Jur n ? llt - eTer to onr cardinal policy to reserve the
public lan _s as much as maybe for actual settlers, and
this at moderate prices. Wo shall thus not only host
promote the prosperity of the new Mates and Territor.es
and the power of the Union, but shall secure homes for
0.. r posterity tormany generations.
The extension of our limits has brought within our
jurisdiction many additional and populous tribes of In
d:ans, a large proportion of which are wild, untractable,
and difficult to control. Predatory aud warlike iu thier
disposition and habits, it is impossible altogether to re
strain t. cm from committing aggressions on eacli other,
as well as upon our frontier citizens aud those emigra
ting to our distant Sta*es and Territories. Hence ex
pensive military expeditions are frequently necessary
to overawe and chastise the more lawless and hostile.
Th • present system of making them valuable presents
to influence them to remain at peace has proved ineffec
tual. It is believed to bo the better policy to colonize
them iu suita ile localities, where they can receive the
rudiments of education and be gradually induced to
adopt habits of industry. So far as the experiment has
been tried it has worked wel} in practice, and it will
doubtless prove to be less expensive than the present
system.
The wbo’o number of Indians within
limits ;> hidieved to be. from the best data
Department, about 325,000.
The tribes of Cberokees, Choctaws, and
reeks, settled in the territory set apart for them west
°i i “f kanß&3 * . ar . e advancing in education and iu
all the arts ot civilization au and self-government; and we
may indulge the agreeable anticipation that at no very
distant day ihey will be Incorporated into the Union as
one of the sovereign States.
It will be seen from the report of the Postmaster Gen
eral that the Post Office Department still continues to
depend on the treasury, as it has been compelled to do
for several years past, for an important portiou of the
means ot sustaining and extending its operation j. Their
rapid growth and expansion are Qhown bya decennial
statement of th number vis post offices, and the length
of post roads, commencing with the year 1827. In that
year there were 7,003 post offices; in 1837, 11,177; in
1847,15 146; and in 1837 the number is 20 386. In this
year 1,723 port, offices have been established and 704
discontinued, leaving a nett increase of 1,021. The
postmasters of 368 offices are appointed by the Presi
dent.
The length of post roads m 1827 was 105,335 miles ; iu
1837, 141 242 miles; in
year 1807 there are 242,601-miles of post roads, including
22,530 miles of railroad, on ‘Which the mails are trans
ported.
The expenditures of the department fbr the fiscal year
ending on the 30th June, 1837, as adjusted by the Audi
tor, amounted to $11,507,670. To defray these expendi
tures there was to the credit of the department on the Ist
July, 1836, the sum of $789,599; the gross revenue of the
year including the annual allowances for the transpor
tation of free mail matter, produced $8,053 951; and the
remainder was supplied by the appropriation from the
Treasury of $2,250,000. granted by the n;t of Congress
approved August 18. 1856, an.i by Uie appropriation of
$666 882 mad? by the act of March 3, 1857, leaving
$252,763 to be carried to the credit of the department in
the accounts of the current year. 1 commend to your
consideration the report of the department h\ relation to i
the establishment of the overland mail route from the
Mississippi river to San Francisco, California. The route
was selected with my full concurrence, as the one, in my
judgment, best calculated to attain tlie important objects
contemplated by Congress.
The lute disastrous monetary revulsion may have one
good effect should it cause both the government and the
people to return to the practice of a wise and judicious
economy, both in public and private expenditures.
An overflowing'treasury lias led to habits of prodigality
and extravagance in our legislation. It has induced Con
gress to make large appropriations to objects for which thev :
never would have provided had it been necessary to raise j
the amount of revenue required to meet them by increased
taxation or by loans. We are now compelled to pause in
our career, and to scrutinize onr expenditures with the ut
most. vigilance ; and in performing this dntv, I pledge my
co-operation to the extent of my constitutional competency.
It ought to be observed ut the same time that true pub
lic economy does not consist in withholding tlie means ne
cessary to accomplish important national objects entrusted
to us by the constitution, and especially such as may he
necessary for the common defence. In the present crisis
of the cpuqtty it is qur duty to confine our appropriations to
objects of this character, unless in cases where justice to
individuals may demand a different course. In ull cases
care ought to be taken that the money grunted by Congress
shall he faithfully and economically applied.
Under the federal constitution, “every bill which shall
have passed the House of Representatives and Senate shall,
before it becomes a law,” be approved and signed by the
President; and, if not approved. “ lie shall return it with his
objections to that house in which it originated ” In order to
perform this high and responsible duty, sufficient time must
he allowed the President to read and examine every bill
presented to him for approval. Unless this be afforded, tlie
constitution becomes a dead letter in this particular; and
even worse, it becomes a menus of deception. Our consti
tuents, seeing the President’s approval and signature at
tached to each act of Congress, are induced to believe that
lie has actually performed this duty, when, iu truth, noth
ing is, in many cases, more unfounded.
From the practice of Congress, such an examination of
each bill as the constitution requires, has been im
possible. The most important business qf tigeh’ session is
generally crowded into Its last hours, aud the alternative
presented to tqe President is either to violate theconstitu
tional ‘duty which he owes to the people, and approve hills
which for want of time, it is impossible he should have ex
amined, or, by liia refusal to do this, subject the country and
individuals to great loss and inconvenience.
Resides a practice lias grown u]> of late years to legislate
in appropriation bills, at the last hours of the suasion, on new
and important subjects. Thu; practice constrains the Presi
dent either to suffer measures to become Jaws which ho does
not approve, oft 6 Incur tlie risk of stopping the wheels of
government by voting un appropriation bill. Formerly,
such bills were confined to specific appropriations for carry
ing into effect existing laws and the well-established policy
of the country, and little time was then required by the Pre
sident for their examination.
For my own i luve deliberately determined that I
shall approve no bill which 1 have not examined, and it will
be'a case of extreme and most urgent necessity which gliall
ever induce me to depart, from this rule. I therefore res
pectfully, but earnestly, recommend that the two houses
would allow the President at least two days previous to tbe
adjournment of eadli session within which no new bill shall
he presented to him for approval. Under the existing joint
rule one day is allowed; hut this rule Im been hitherto so
constantly suspended iu practice, tligt important hills con
tinue to he presented to him till the very last moments of
the session. Ip a large majority of cases no great public
inconveuience can arise from the want of time to examine
their provisions, because the constitution has declared that
it a hill be presented to the President within the last ten
days of the session he is not required to return it, either with
au approval or with aveto, “iu which caae it shall not boa
law.” Itmuytlien lie over, aud he taken up and passed at
the next session. Great inconvenience would only be expe
rienced in regard to appropriation hills; hut fortunately,
under the lase excellent'law allowing a salury, instead of a
per diem, to members of Congress, the expense and incon
venience of a called session will be greatly reduced-
J cannot conclude without commending to your favorable
consideration the interests of tlie people of this District.
Without n repr'ser:t ?t i ve on the floor of Congress, they have
for this very reason peculiar claims upon our just regard.
To this I know, from my long acquaintance with them, they
are eminently entitled.
JAMES BUCHANAN.
\X ASHINCTOM, Doc. 8, 185/.
The Resources of the Nation—On a careful
reading of our exchange papers with other cities,
we find no evidence of financial pressure beyond
what is always attendant on the increasing de
mands of trade at this season, indeed, it is less
than might be expected from the exhaustion of
produce throughout the country. The time of re
cuperation has not yet arrived. The shipments
t hat are to form the basis of exchange on Europe
have not begun.
In view of this—considering the shortness of the
time that must elapse before we shall receive an
accession of means ample for our fall liquidations—
considering that our resources as a people were
never so large and valuable as at the present
moment, it would be suicidalin our city banks to
press heavily on the market. A liberal course on
their part for the next thirty or forty days, will save
millions of property to their depositors, and very
much tend to strengthen their position. They
are not, m truth, the superiors of commerce, but
its equal parsers. Their position as purseholdera
gives them superior power, but by no principle of
lair dealing are they authorized to use it, any more
than the monied partner of * commercial house has
the right to withdraw his means in violation of the
compact, for the pupose of protecting interests out
side of the firm. —Sew York Evening Post.
Alabama on Suspension. —ln the Alabama
House of Representatives, on the sth inet., Mr.
Wood, from the Committee on Banks, to whom
was referred the bill in relation to the suspension
of specie payments by the Central Bank of Ala
bama. and the Commercial Bank, at Selma, repor
ted a substitute which legalizes the suspension on
condition that they shall pay $300,000 of their bills
now in the Treasury, before the 15th February
next, and $200,000 more by the 15th of May fol
lowing ; and if that amount, at the times mention
ed, is not in the Treasury, then they pay all that is
in it; and requires them to pay it in specie, at any
point designated by :be commissioner; and if tbe
provisions of the act are not complied with, then
the Governor is authorized to commence proceed
ings against them as if the suspension had not been
legalized. It also prohibits the issue, or re-issue of
bills under $5, and that they shall always keep on
hand specie in the proportion of one to three of pa
per circulation, and resume specie payment by the
15th of November, 1858. The substitute was made
the special order for to morrow. —Columbus Huh,
‘Jth.
Dangerous Calculations. —The English manu
facturers are calculating on the “unusual abun
dance of the American cotton crop as a means of
recovering from the South what British commerce
has lost by the North.’ They assert that the crop
grown in the United States lies at their feet, and,
Bay they, “the planters must take the price the
British spinnerß choose to fix, or keep their cotton.’’
There may be two sides to this estimate of the
power of the Earopeau buyers to set their own
prices on American cotton. However large our
crop may be, it is certain that the supply is now
short in Great Britain, and all that has kept prices
down so far is the dull demand for goods under.the
existing commercial derangements. The factories
must go on reducing their work, until their s'arving
laborers are goaded into bread riots, and possibly
revolutions; or they must come into the market
soon, and strongly, to make up for past inaction.—
Our planters can afford to bide their time, but the
factory slaves of England cannot wait for food.—
They must have work and bread, or they will grow
thirsty for blood. The full fed slaves of the agricul
tural South know nothing of these sufferings. The
price of cotton does not affect their general well-be
ing, but it cannot faU very low without proving a
terrible state of affairs in Europe.
An End to Kissing. —A short while since the af
fectionate public was astonished by the story of a
young lady whose neck was dislocated in conse
quence of the ill-advised resistance which she offer
ed to tbe amicable salute of an admirer more ardent
than discreet. Our last exchanges from Europe
now match this tale with another of tn inquest held
at Leeds on the body of a young man of 21, who
fell down stairs and killed himself in the course of
an attempt to snatch a kiss from tbe unwilling lies
of a girl of fifteen. Some of our cotemporaries de
duced from tbe first of these occurrences the whole
some moral that young ladies should never oppose
the advances oi their admirers. In common fair
ness we are now bound to infer from the Becond
accident that no man should ever attempt to take
a kiss until it is offered to him. Between the two
lessons there is reason to fear that an ancient and
not altogether disagreeable custom may be summa
rily abolished.
Two Old Citizens or Edgefield Gone.—John
Mobley, Sr., one of the fathers of Edgefield, depart
ed this life on Thursday last. If ever there was a
Christian armed at all points, or a citizen ,a ‘
and honest in all things, or a “ man in whom there
was no guile ’’ such was the venerated deceased.
We alsTthat “T. Traylor, Esq.,is no more.
He was lor many years a prominent citizen of^Ldge^
field, and once or twice
the General Assembly of South Carolina. Adfe
field Adv. ___
Deep Boriwg—The £reat artesian well now in
at the paper mill of Messrs. Dupont, at
Lomsrille, Ky., has been bored to tbe depth of 1-46
feet. The drill ia through gray limestone of alter
nate hard and soft strata.
The widow of Commander Herndon has just re
ceived from the agency of tbe New England Life
Insurance Company of Boston, five thousand dol
lars on a poiliey signed only a year since.
VOL. LXX.—NEW SERIES VOL. XXL NO. 50.
From the Liverpool Times } of 21 si ull
European Iteim—By the Americn.
Monetary.—The gloom which for the past few
weeks has spread over the commercial community
has not been removed; the cloud of distrust still
hargs over us, and without any prospect of relief
until the meeting of Parliament.
The demand for money is exceedingly active,
both at the Bank of England and in Lombard street
aud although no advance has taken place in the
rate of discount at the bank, many rumors have
been flying that such a step would be necessitated,
and that the directors would be compelled to ad
vance the rate to 11 per cent. These reports most
probably gained °*length by the heavy failures re
ported during the week—chief amongst which was
the Wolverhampton Bank, one long established,
and of old high commercial reputation. The ac
counts from Scotland and Ireland, however, are
more satisfactory, and the demand of gold has for
*he time, as far as they are concerned, evidently
exhausted itself, and prospects of a return of tlie
bullion to the bank cellars at au early period are
fully entertained.
The pressure upon almost all classes, at the present
critical period, should cause general forbearance.
The discount houses are limiting their accommoda
tion, and, in all cases, require full rates for the best
paper, considerably higher for other descriptions.
The timely arrival of gold per the Emeu, ha j pro
duced a favorably feeling and the exports of specie
to tlie Continent and the East have been almost
entirely suspended. The advices from the United
States are more satisfactory, and we have had some
amounts by the mail steamships returning to this
country, chiefly, however, for the purpose of cover
ing bills. The high rates for money here have
reudered the export of the precious metal an un
profitable proceeding.
The intended summoning of Parliament is the
most satisfactory announcement that could have
accompanied the suspension of the Bank Charter
act. While the causes of that event are freßh they
must be thoroughly sifted and exposed.
The account in to-night’s Gazette, under the
item of notes issued, states that £2,000,0% of the
total amount are issued under the authority of the
government letter of November the 12th. In the
week ending Wednesday night last, the coin aud
bullion was further reduced, and on the above day
stood at £6,45-4,00t>, being a decrease in the we<k
of £686,412.
The return from the Bank of England for the
week ending the 18th of November, gives the fol
lowing results when compared with the previous
week:
Public deposits. £5,483,881 Increase. ..£169,222
Other deposits. 13,959,163 Increase 1,023,051
Itest 3,434,500 Increase 69,144
On the other side of the account:
Gov’ut securit’s £ 6,407,134 Decrease . £3,037.694
Other do. 30,299,270 Incifase... 4,185,817
Notes unemp'd. 404,501 Decrease.. 553 09
The amount of notes in circulation is £22,150,094
being an increase of $1,967,739, aud the stock of
bullion iu both departments is £6,484,096, showing
a decrease of £606,412, when compared with the
preceding return.
Ihe Bullion market has been quiet since our last,
but with a more settled tone than the previous
week. Bar Silver is now quoted at ss. ljd., and is
readily taken at the price; and South American
dollars are offering at the quotations. Purchases for
the East have ceased for the present, nor is there
gold shipping for the continent. The Bank hasceen
the principal purchaser of gold, of which there have
been several arrivals.
The feeling in the British Funds has been one of
flatness, the prossure for money being undimiuishod.
The operations of the Scotcli and Irish banker* have
lain in the same direotion, aud the stoppage of the
Wolverhampton Bank has caused many batik, in
the midland, and other districts to ‘urn securities in
to money, by way of precaution. The advices from
Ireland and Scotland, however, report tbe state of
affaire as much quieter. In both countries the pres
sure upoit the banks for gold is rapidly subsiding,
and, but for the extreme caution of the banks, com
would probably now flow back freely to London
To-day Consols had made a marked improvement,
closing sellers at 90J.
The Cocrt or Pekin liEEustNa to Receive thk
Russian Amhassauou.—A St. Petersburg letter
says ■ According to the latest intelligence, the rela
tions between Russia and China have taken a hos -
tile turn. At all events, the Court of Pekin has re
fused to receive the Russian ambassador. It is evi -
dent that the generally hostile attitude of the Chi
nese government towards foreigners has beoomo
still more so since tlie suspension of military opera
tions against it in consequence of Ihe rebellion ip In
dia.
The interior troubles of tlie country are to be ap
peased, aud the Chinese Government now flatters
itself tuat it is able to make heud against Europe.
Since China shuts her eaia to all pacific negotiation,
we shall at last be compelled to adopt the most en
ergetic measures. There is one important circum
stance which wo must always keep in mind, viz :
that Russia aud China are close neighbors along a
great extent of common frontier, and that our new
establishment on the Amoor river must be protec
ted.
The Kino or Delhi and hu Atkocities.—A
private ‘etter from the wife of a medical officer,
dated Burdwan, Oct. 8, 1857, gives the tollowing in
formation of some of the brutal atrocities commit
ted on our poor unoffending countrywomen ; “I
write you under feeling so acutely painful as to
make ita difficulty accurately to describe the horrid
details, for myself and children might have been
subject to dreadful indignities—ten thousand times
worse than death. But alas (or say unfortunate and
polluted countrywomen ! Twenty-three ladies, by
order of the aged monster within the walls of Delhi,
were ordered to be brought before him, and then
stripped naked; unheard of indignities were then
practiced upon them, which the wretch gloated
over; and then, with a filthy piece o( rag to cover
their loins, they were ordered -lid forced to work as
coolies, and fed tike horses, no food being given
them but ‘ghram,’ and the most offensive water
from the dirtiest tanks. At leng'h our bravo troops
appeared before the walls of Delhi, and then the
aged demon completed his horrid buchery. Our
poor countrywomen were again brought before ifie
wretch again tortured by the vilest indignities, and by
his lowest of ruffians, and then savagely slaughtered,
and their poor bodieß and limbs hacked to pieces
and flung into the streets. Can human suffering
surpass this bloody act 1 and yet the monsterlives I
Great God! is there justice lett, and shall such un
heard of cruelties remain unpunished f
I have heard from good authority that our sol
diers have peremptorily demanded the king of Del
hi to be given up to them, ad let the consequences
be what they may, they are determined to hang the
old villiau outside the city walls; nor is this his just
deserts. The Maharajah has been a good and true
friend to England thioughout the fearful massacres.
59.090 rupees are offered for the capture of Nena
Sahib, but we fear tfiathe is too strongly protected
by iiis savage hordes, over whom he seems to have
unlimited control; and we hear that on the least dis
position of wavering among his rebels, they are cat
down and their bodies Uurnt. Fifty thousand of
these monsters are yet within a short distance of us,
but we know also that our brave English soldiers
are arriving fast to our relief. May a merciful Pro
vidence save us from the horrors of another massa
ere and atrocities that lam unequal to pen. * *
* * The thirst for English blood is scarcely to be
credited, and nothing but a signal retribution will
have any avail. The mutinous disposition of the
natives has been more widely extended than you
will believe in England, and nothing but prompt
measures, supported by a powerful English army,
can stay the lurious tide of rebellion. You know
not how kind the Maharajah has been to my hus
band and rnyßelf. We are very grateful to him.”
Letter from Delhi.—A letter from an officer
of engineers, dated at Delhi, Sept. 23, speaks in the
following terms:
“I am happy to say we are not so lenient as we
were. Two of our native sappers were murdered
in the city, bo we went out and hunted up 59 or 60
men—thorough rascals, and our men have been
shooting them ever since. I saw 24 knocked over,
all tied together against the walls ; and when you
hear those wretches, when they see they have no
chance, coolly teil you, ‘Well, you mayahootme,
if you like ; 1 killed three Europeans iu the glorious
massacre,’ you lose all horror at the sight.
1 have given up walking about the backstreets
of Delhi, as yesterday au officer and myself had
taken a parly of 20 men out patrolling, and we
found fourteen women with their throats cut from
ear to ear by iheir own husbands, and laid out in
their shawls. We caught a man there who said he
saw them killed for fear they should fall into our
hands, and showed us their husbands, who had done
the best thing they could afterwards, and killed
themselves. We took about 280 cannon, with shot,
&c., for about three years. Without artillery they
are no good ; with it, no despicable antagonists.—
There are no better gunners anywhere, aa we dis
covered in this siege. By returns we lost 1,350
men and 61 officers during the assaults only. Tole
rably bloody work. Our loss in the assault, out of
19 officers on duty, was 1 offioer killed, ‘poor Tan
dy,) 19 wounded, many severely , one, I fear, mor
tally ; 1 the day before the assault, 1 after. Total
13, out of 18.
A Sad, Sad Story.— The Cincinnati Gazette re
ates the following incident, which recently occur
red at Xenia :
Among the passengers in the train from Cleve
land was a young man of perhaps twenty and a
lady some few years his senior. The gentleman
was plainly clad, but the girl was dressed in the ex
treme of fashion aud rouged beyond even brazen
wautonesa. It was frequently observed by the
passengers that the young man appeared to be
earnestly remonstrating w\*h the girl and seemed to
be deeply affected. At Xenia both left the cars, and
it was apparent that the course of each lay in differ
ent directions—the man to this city and the gin to
the west. As the cars were about starting tbe young
man kissed her a hasty good bye, and both burst
into tears. The conductor, seeing that there was
some deep grief at heart, invited the gentleman to
a seat in the baggage car, as more secluded from the
gaze of the crowd. “Anywhere,” said he, “only
come with me. I must speak to someone, or my
heart will break.”
After becoming a little calmed, he said : “That
lady and myself were raised together; with moss for
carpets, acorns for cups and saucers, and pebbles
for walks, we played in childhood. She was a few
years older than myself, but we were inseparable. —
She grew up to womanhood, was married, then se
parated from her husband, and sought the city and
became a wanton—a heartless, disgraced courtesan.
Steeped in sin a? she is, shameless as she may be, I
could not but kiss her good-bye—for she is my sis
ter! She has already hurried a loving mother to a
premature grave, and brought disgrace upon her
orothers and sisters. But while she acknowledges
it all and sheds tears of apparent contrition and re
gret, no remonstrance can change her course. She
has just been home to make us a vbit, but has left
again for her residence in the city, to drown in the
wanton’s life the remembrance of what she might
have been. Do you blame me, then,” turning to
the sympathizing conductor, “for weeping as I do
over one so loved and fallen V’
Mrs. Mettler, of Hartford, is a “medium,” whose
performance are thus described by “Granger,” of
the Tribune:
When in a clairvoyant state she Las D ?, l De f
ask you what you haa for dinner, as you wW P 7
perceive that when I tell you that she can J 8
straight into a body’s inwards aa tracs
clothes, skin, flesh, nd ™ en, o b n ™ tbßt , bnt if your
parent as plate glass. S<*r wit b you, Mis.
dinner should happen to jj again.
Mettler knows £*•**•* “aXrvTyant
She has ail extons P people, when they loose
and a PjjT’jlJXheir pur( . e y their appetite*, post
their spoons, to know what has bt
wmfoftbemi“n* treasures, and to find out the
wrv to recover them. , . t . .. . .
So widely spread is her fame that ehe has lately ta
ken her husband into partnership ; and whereas it
sometimes happens that sick folks in remote.tow™
are desirous ot profiting by her science and skill,
and are yet unable to bear the fatigue and exposure
of ajourney to Hartford, Mrs. Mettler has contrived
an expedient whereby this d-ffieulty ia overcome.—
The angel at the Pool of Siloam wasu't a ciroura
stance to Mrs. Mettler, for she don’t require that
bed ridden people should come to her. If a man is
sick, and wishes to get well, he needn’t even Bend
her a statement of bis symptoms. All that is neoes
s&ry is to inclose to Mrs. Mettler a lock of his hair in
a five dollar bill, and be ii cured presently. With
these tokers of affection clasped in her fist, Mi's.
Mettler falls asleep, and looks into the moet hidden
recesses of a man's interior, while he lies twenty
miles away upon a sick bed, as easily as if she stood
by his elbow.
Eleven runaway slaves were recently captured
near Nebiaska city. Tbeir leader was shot down,
aud the others surrendered thirty odd rewohrers.
The Constitution of Kansas.
The constitution of Kansas, formed by the receu
convention in that Territory, has been officially
published. We subjoin a synopsis of its prinoipa
provisions :
The “ ordinance” contains Uve sections, setting
forth how the publio lands shall be set apart for
purposes of eduoation, 3c c. Then follow the pre
amble and and two articles defining the “ bounda
ries.’
Next art twenty-one sections, providing for an
executive department.” The governor is to hold
ofiioe tor two years . he must be thirty years of age,
twenty years a citizen of the United States, five
years a resident of the State, and oannot hold offioe
more than four years out of six. The other provi
sions are of the ordinary charaoter, having refe
rence to the governor’s powers and duties, the crea
tion of a lieutenant-governor, sheriffs, coroners,
State treasurer, &o.
Twenty-five sections establish a “legislative de
partment.” They contain nothing peouliar. Mem
here of the House of Representatives hold office
tor two years and of the Senate for four. There
are twenty representatives and fifteen senatorial
dis ricts.
Tweuty-three sections establish the “judiciary.”
Oue supreme court, circuit courts, ohanoery courts,
courts of probate and justices of the peace are
provided for, and the legislature tnay establish
others.
Next follow four sections on “slavery,” which
we give in full:
Section I. The right of property is before and
higher than any constitutional sanction, and the
right of the owner of a slave to such slave, aud its
increase, is the same and as inviolable as the right
of the owner of any property wha'ever.
Sec.’-!. The Legislature shall have no power to
pass laws for the emancipation of- Blaves without
the consent of the owners, or without paying the
owners previous to their emauc ipstion a full equiva
lent in money for the slaves so einauoipated. They
shall have no power to prevent emigrants to the
State from bringing with them snob persons as are
deemed slaves by the laws ot any one of the United
States or Territories, so long as any person of the
same age or description shall be continued iu slave
ry by the laws of this State ; provided that suoh
persou or slave be the bona tiae property of such
emigrants ; and provided, also, that laws may be
passed to prohibit the introduction into this Slate
ot slaves who have committed high crimes in other
States or Territories. They shall have power to
pass laws to permit the owners of Blaves to eman
cipate them, saving the rights of creditors, aud pre
venting them from tiecoming a publio charge. They
shall have power to oblige theownerßof slaves to
treat them with humanity, to provide for them ne
cessary food and clothing, to abstain from all inju
ries to them, extending to life or limb ; and in case
of their neglect or refusal to comply with the direc
tion of such laws, to have such slave or slaves sold
for the benefit of the owner or owners.
Sec. 3. In the prosecution of slaves for crimes of
higher grades than petit laroeny the Legislature
shall have no power to deprive them of an imparl ial
trial by a petitjury.
Sec. 4. Any person who shall maliciously dismem
ber or deprive u slave of life shall sutler suoh pun
ishment as would be inflicted iu case the like of
fense had been committed on a free white persou,
and on the like proof, exoept in case of insurrection
of suoh slave.
On “elections filid rights of suffrage” there are
nine sections. Tho provisions are of ordinary char
acter. The word “white” is not used, “every male •
citizen” being understood to Include only white
men.
Next are eight sections on “finance.” The State
may not contract debts exceeding In the aggregate
five hundred thousand dollars. These sections aie
also of the usual tenor.
On “revenue” are eight sections. AU bills for
raiding revenue are to originate in the House of
Representatives. The Legislature may levy an in
come tax ; must divide the publio lands into three
classes and fix the value of each, assessing thereon
an ad valorem tax ; must impose a tax ot ten cents
on the one hundred dollars on all railroad inoomes
proceeding from gills on public lands; lotteries as a
souroe of Slate revenue shall not be permitted
On “publio domains and internal improvements’*
there are but two sections. A liberal policy is pio
vided with respect, to improvements.
The sections on “corporations,” “militia” and
“education” are of the usual character, and these
are followed by miscellaneous provisions. Lucotnp
ton is to be the seat of government until otherwise
directed by law. Aliens who become bona fide re
sidents of the State shall have the same rights of
property as native born citizens. And—
Sec. fi. AU property, both real and personal, of
the wife owned or claimed by marriage, and that
acquired afterwards by gilt, devise or descent,Bhall
be her separate property; and laws shall be passed
more clearly defining the rights of the wife, in rela
tion as well to. her separate property as to that held
in common with her husband. Laws shall also be
passed providing for the registration of the wife's
separate property.
The Legislature may incorporate banks of depos
it and exchange, but Bucb banks shall not issue any
bills, notes, checks, or other paper as money. The
Legislature may incorporate one bank of disoount
and issue, with not more than two branches; provi
ded that th'e act incorporating the said bank and
branches thereof shall not take effect until it shall
be submitted to the people at a general election
apd shall have been approved by a majority of all
eleotors voting at such elect ions. The stockholders
of said bank and branches shall be Individually re
sponsible to an amount equal to the stock lielu by
lem for all dehts or liabilities of said bauk or
branches; auU no law shall be passed sanctioning
directly or indirectly the suspension of Baid bauk or
i)a branches of specie payment. The State shall
not be a stockholder in any bank, nor shall the cre
dit of the State ne given or loaned in aid of any
gerson, association or incorporation , nor shall the
tate become a stockholder m any corporation or
association. A general diffusion of knowledge be
ing essential to the preservation of the rights and
liberties of the people, sohools and the means of ed
ucation shall be forever encouraged in tldß State.
Then follows the declaration of rights, of the usual
extent. Free negroes are not to be prohibited, un
der any circumstances, from liviug in the State.—
The “schedule,” which completes the document,
provides for the submission of the question to the
people whether they will have the constitution
with slavery or the constitution without slavery. If
without slavery, it is declared that “the article prov
iding for slavery (the four sec;ions above quoted)
shall be stricken from the constitution, and slavery
shall uo longer exist in Kansas.” But then it is im
mediately! added “exoept that the rights of prop
erty iu slaves, now in the territory, shall in
no manner he interfered with.” And the same
things occurs in auother part of the schedule which
provides that uo “alteration shall be made to af
fect the rights of property in tbe ownership ol
slaves.”
A Regular Blue Law in Viroinia.— Tho
editor of the Norfolk Argus, in looking over some
old musty reoords of Virgiula, name across the fol
lowing :
At a Grande Assemblage held at James Cittie in
tho year of our Lord llilC, were passed manie ackls
to the clone of Aluiightie God and publique goode
of this his Majestic's Colonie among which is act
V. (with amended orthography.) “ Women causing
scandalous suits Io be ducked. Whereas, oftentimes
many babbling women often slander and scandalize
tbeir neighbers, for which their poor husbands are
aften brought into chargeable and vexatious suits
aud cast in great damages—Be it therefore enacted
by the authority aforesaid, That in actions of slan
der occasioned by the wife, as aforesaid alter
judgement found for the damages the women shall
be punished by ducking ! Ana if the slander be so
enormous to be adjudged at a greater damage
than five hundred pounds of tobacco, then the
woman shall be ducked head and heels once for
each five hundred pounds of tobacco so adjudged
against her husband, if he refuse to pay the fine
imposed.
Tuckerman, the Mail Robber. —The Postmaa’
ter of Boston has received a letter from Mr. Hol
brook, the Mail Agent who effected the arrest of
Tuckerman at New HaveD, in which he states that
be has obtained overwhelming proof of the guilt of
Tuckerman, and of his connection witb all the rob
beries between this city and New York for several
months past. This proof consist of letters found in
his rooms at New York and upon his nerson, that
were taken from the stolen mails. These letters had
been broken open by Mr. Tuckerman.
The Boston Traveller Bays:
There has been great anxiety upon the part of our
merchants to learn tbe fate < f the immense amount
of notes and drafts, aud other documents of value
which were abstracted from the letters in these mails.
Dpon this point Mr. Holbrook states that they have
been burnt or otherwise destroyed by Mr. Tucker
man. This statement makes it probable that, tbe
rumor in the Portland papers in regard to the re
covery of the lost Cuban mail for tbe State of Maine
which contained about five hundred letters, was in
correct.
Taken altogether, this proves to have been one of
the most extensive and systematic mail robberies
ever brought to light in this country, especially when
coupled with the faot that, so tar as is known to
the public, he was without a confederate in the mat
ter.
Ttchoon in the China Sea. —A letter from
Hong Kong dated September 25 saysOn the
4th, Foo chuufoo was visited by a terrific typhoon,
attended with great destruction of property and
loss of life. The largest trees weie uprooted or
broken across , tbe air was filled with leaves, tim
ber, sticks, See. All tbe houses of the foreign resi
dents were more or lees damaged, many of them
having verandahs blown in and p> rtly unroofed.
The American flagstaff was blown down , tbe Eng
lish Consulate rendered uninhabitable. Per steam
er Ann from Amoy, I learn thatthe brig Julia was
totally destroyed by fire, caused by spontaneous
combustion. A vessel witb five feet of water in
ber hold came in frein Formosa, reports that eleven
vessels out or thirteen at anchor off Khelcng, being
driven on shore or missing ;of these tbe brig Nile
was seen to go down with all hands; (the captain
was recently married, aDd had his wife on beard )
The schooner Vixen was wrecked, tbe crew getting
on board the Whampoa—that vessel slipping and
standing out to sea.
The Crus al Palace is lying at Swatou, dis
masted ; also tbe Hamburg bark Patria, which
vessel brought in nine of tbe crew of the Confucius
foundered in the typhoon of the 4th. With nothing
of interest to add,
I remain, yours truly. T. H. C.
The Sovereigns of Europe.— Of the forty
seven rulers of Europe, the prince A-f Schaumburg.
Lit pe, a petty German principality, has reigned tbe
longest—his administration dat.ng from February
13 1787 But the oldest of European
thi Grand Duke of Mecklenbnrg-Btreliti, born Au
-19 1779 ■ the next in point of seniority is tbe
friJu, of Wurtenburg, born September 27,1781;
the King of Belgium, born December 16,1790, is
airth - the King of Prussia is the eleventh ; the
Emperor of the French, born April 20, 1808, ia the
twenty-second, and the King of Bavaria the twenty
fifth. The youngest sovereigns of Europe are the
Emperor of Austria, the Queen of Spain, aged 26 ;
tbe King of Portugal, aged 20, and the Duke of
Parma, aged 9 years.
Female Politicians.— Women formerly pos
sessed, and at various times exercised the elective
franchise in New Jersey. By the constitution,
adopted July 2, 1776, the privilege of voting was
acoorded to “ all inhabitants of full age,” £SO pro
clamation money, olear estate, and who had resided
a oertain time within the country. As this end could
be oonstrued to include womeD, a prominent Qua
ker member of the Assembly bad tne act so drawn
ae to read “ be or ehe, ’ when referring to qualified
voters. No change was made until 1807, and wo
men often voted when the elections were < loeed or
there was any special exoitement. In tbe Presiden
tial contest of 1800, there were many instances o
their voting.
Disastrous News from the Sugar Planta -
tions.—Or Saturday and Sunday last, Bays the
New Orleans True Delta, there were some grave
rumors afloat in relation to the damage to the su
gar crops throughout the State by tbe recent severe
fros’s, and the still more recent warm weather. —
Last evening, however, those grave rumors as
sumed the form of grave factß. From a plauter in
Jefferson Parish, in whose word we place the ut
most reliance, we learned last night that the dam
age done to the cane has been treble what was at
first anticipated, and that on somi plantations in
Jefferson and the adjoining parishes, ofiWhird yield
will not be made.
The Bridgeport Farmer is informed that General
Tom Thumb, wto ia now in France, is dangerously
ill, a#d not to lira.