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Bk. Four HF of thanks ar* due to an All-merci- hot only tor staying the pesti lence which in different- forms has deeolated aome of our cities, but tor crowning the labors of the husbandman with an abundant harvest, and the nation generally with the blessings et peace and prosperity. MR. WEBSTER. Within a few weeks the public mind has been deeply affected by the death of Daniel Webster, filling at his decease the office of Secretary ot State. His associates in the Executive govern ment have sincerely spmpathiied with his fami ly and the public generally on this mournful oc casion. His commanding talents, his great po litical and professional eminence, his well-tried patriotism, and his long and faithful services, in the most important public trusts, have caused his death to l>e lamented throughout the country, and have earned for him a lasting place in our ■ history. THE FISHERIES. In the course ot the last summer considerable anxiety was caused for a short time by an official intimation from the government of Gieat Britain that orders had been given for the protection ot the fisheries upon the coasts of the British pro vinces in North America against the alleged en croachments of the fishing vessels of the United States and France. The shortness of this notice and the season ot the year seemed to make it a matter of urgent importance. It was at first ap prehended that an increased naval force had been ordered to the fishing grounds to carry into effect the British interpretation of those provi sions in the convention of ISIS, in reterence to the true intent of which the two governments differ. It was soon discovered that such was not the design of Great Britain, and satisfactory explanations of the real objects of the t-ave t*ee« uiveu UoVU here aiwf m London. The unadjusted difference, however, between the two governments as to the interpretation of the first article of the convention ot ISIS is still a matter of importance. American fishing ves sels within nine or ten years have been excluded from waters to which they bad free access tor twenty-five years after the negotiation of the treaty. In 1845 this exclusion was relaxed so far as concerns the Bay of Fundy, but the just and liberal intention of the Home government, in compliance with what we think the true con struction ot the convention, to open all the outer bays to our fishermen, was abandoned, in conse que-ce of the opposition of the colonies. Not withstanding this, the United States have, since the Bay of Fundy was reopened to our fisher men in 1845, pursued the most liberal course to ward the colonial fishing interests. By the rev enue law of 1846, the duties on colonial fish en tering our ports were very greatly reduced, and by the warehousing act it is allowed to be en tered in bond without payment of duty. In this way colonial fish has acquired the monopoly of the export trade in our market, and is entering to some extent into the home consumption. These facts were among those jwhich increased the sensibility of our fishing interest, at the movement in question. These circumstances and the incidents above alluded to have led me to think the moment fa vorable for a reconsideration of the entire subject of the fisheries on the coasts of the British pro vinces, with a view to place them upon a more liberal footing of reciprocal privilege. A wil lingness to meet us in some arrangement of this kind is understood to exist, on the part of Great Britain, with a desire on her part to include in one comprehensive settlement, as well this sub ject as the commercial intercourse between the United States and the British provinces. I have thought that whatever arrangements may be made on these two subjects, it is expedient that they should be embraced in separate conven tions. The illness and death of the late Secreta sy of State prevented the commencement ot the contemplated negotiation. Pains have been taken to collect the information required for the details of such an arrangement. The subject is attended with considerable difficulty. If it is found practicable to come to an agreement mu tua ly acceptable to the two paities, conventions may be concluded in the course of the present winter. The control of Congress over all the provisions of such an arrangement, affecting the revenue, will of course be reserved. CUBA. The affairs of Cuba formed a prominent topic in my last annual message. They remain in an uneasy condition, and a feeling of alarm and ir ritation on the part of the Cuban authorities ap pear to exist. This feeling has interfered with the regular commercial intercourse between the United States and the island, and led to some acts of which we have a right to complain. But the Captain General of Cuba is clothed with no power to treat with foreign governments, noris he in any degree under the control of the Span ish Minister at Washington. Any communica tion which he may hold with an agent of a for !!»; 4Wrt yoweris informal and matter of courtesy.— Anxious to put an end to the existing inconve niences, (which seemed to rest on a misconcep tion.) I directed the newly appointed Minister to Mexico to visit Havana, on his way to Vera Cruz. He was respectfully received by the Cap tain General, who conferred with him freely on the recent occurrences; but no permanent ar rangement was effected. In the meantime,the refusal of the Captain General to allow passengers and the mail to be landed in certain cases, for a reason which does not furnish, in the opinion of this Government, even a good presumptive ground for such a pro hibition, has been made the subject of a serious remonstrance at Madrid ; and 1 have no reason to doubt that due respect will be paid by the government of Her Catholic Majesty to the re presentations which our Minister has been in structed to make on the subject. Bis but justice to the Captain General to add. that his conduct toward the steamers employed to carry the mails of the United States to Ha vana has, with the exceptions above alluded to, been marked with kindness and liberality, and indicates no general purpose of interfering with the commercial correspondence and intercourse between the island and this country. Early in the present year official notes were received from the Ministers of France and Eng land, inviting the Government of the United States to become a party with Great Britain and France to a tripartite Convention, in virtue of ■which the three powers should severally and collectively disclaim, now and for the future, all intention to obtain possession of the Island of Cuba, and should bind themselves to discoun tenance all attempts to that effect on the part of any power or individual whatever. This invi tation has been respectfully declined, for reasons ■which it would occupy too much space in this communication to state in detail, but which led me to think that the proposed measure would be of doubtful constitutionality, impolitic, and un availing. I have, however, in common with several of my predecessors, directed the Minis ters of France and England to be assured that the United States entertain no designs against Cuba; but that, on the contrary, I should regard its incorporation into the Union at the present time, as fraught with serious peril. Were this island comparatively destitute ot inhabitants, or occupied by a kindred race, I should regard it, if voluntarily ceded by Spain, as a most desirable acquisition. But, under exist ing circumstances, I should look upon its incor poration into our Union as a very hazardous measure. It would bring into the Confederacy a population of a different national stock, speak ing a different language, and not likely to har monize with the other members. It would pro bably affect, in a prejudicial manner, the indus trial interests of tne South; and it might revive those conflicts of opinion between the different sections of the country, which lately shook the Union to its centre, and which have been so happily compromised. MEXICO. The rejection by the Mexican Congress of the Convention which bad been concluded between that Republic and the United States, far the pro tection of a transit way across tne Isthmus of Tehuantepec, and of the interests of those citizens of the United States who had become proprie tors of the rights which Mexico had conferred on one of her own citizens in regard to that transit, ba* thrown a serious obstacle in the way of the attainment of a very desirable national object. I am still willing to hope that the differences on the subject which exist, or may hereafter arise, between the governments, will be amicably ad justed. This subject, however, has already en gaged the attention of the Senate of the United States, and requires no further comment in this communication. NICARAGUA. The settlement of the question respecting the portof San Juan de Nicaragua, and of the con troversy between the republic* of Costa Rica and Nicaragua in regard to tjeir boundaries, was considered indispensable to the commencement of the ship canal between the two oceans, which wa* the subject of the convention between the United States and Great Britain of the 19th of April, 1850. Accordingly a proposition for the same purposes addressed to the two governments in that quarter, and to the Musquito Indians, was agreed to in April last by the Secretary of State and the of her Britannic Majesty. Besides the wish to aid in reconciling the dif ference* of the two republics, 1 engaged in the negotiation irom a desire to place the great work of a ship canal between the two oceans under one jurisdiction, and to establish the im portant port, San Juan de Nicaragua, under the government of a civilized power. The propo sition in question was assented to by Costa Rica and the Musquito Indians. It has not proved equally acceptable to Nicaragua, but it is to be hoped that the further negotiations on the sub ject, which are in train, will be carried on in that spirit of conciliation and compromise which ought always to prevail on such occasions, and that they will lead to a satisfactory result. VENEZUELA. I have the satisfaction to inform you that the executive governmentof Venezuela has acknow ledged some claims of citizens of the United States, which have for many years past been urged by our charge d’affaires at Caraccas. It i* hoped that the same sense of justice will actu ate the Congress of that Republic in providing the means for their payment. BUENO* A.RES. The recent revolution in Buenos Aye* and confederate] State* having opened the proe- ’ nect of an improved stale of things in that quarter, the governments ot Great Britain and | France determined to negotiate with the chief I of the new confederacy for the tree access ot 1 their commerce to the extensive countries wa tered by the tributaries of the La 1 lata; and they gave a friendly notice of this purpose to the Mfflifted States, that we might if we thought ■ diaper pursue the same course. In compliance '2OWt this invitation, our minister at Rio Janeiro • * d'affaires at Buenos Ayres, have k ' to conclude treaties with the newly organized confederation, or the States composing it. The delays which have taken place in the formation of the new government have as yet prevented the execution of those instructions; but there is every reason to hope that these vast Countries will eventually be open ed to our commerce. ORIENTAL REPUBLIC. A treaty ot commerce has been concluded Be tween the United States and the Oriental Re public of Uraguay, which will be laid before the Senate. Should this convention go into opera tion, it will open to the commercial enterprise of our citizens a country of great extent and un surpassed in natural resources, but from which foreign nations have hitherto been almost whol ly excluded. TUR LOBOS ISLANDS. The correspondence of the late Secretary ot I State, with the Peruvian charge d'aflaires, rela tive to the Lobos Islands was communicated to ‘ Congress toward the close of the last session.— ’ j Since that time, on further investigation ot the ’ I subject, the doubts which had been entertained r of the title of Peru to those islands have been | removed, and 1 have deemed it just that the ! temporary wrong which had been unintention i ' ally done her, from want of information, should be repaired by an unreserved acknowledgment !• • of her sovereignty. . I have the satisfaction to inform you that tne ’ ' course pursued by Peru has been creditable to l the liberality of her government. Before it was , ! known by her that her title would be acknow ledged at Washington, her Minister of Foreign ' ' Affairs had authorised our charge d affaires at ■ i Lima to announce to the American vessels ; which had gone to the Lobos tbr guano, that the ’ Peruvian Government was willing to freight them on Its own account. This intention has ’ i been carried into effect by the Peruvian Minis ' ter here, by an arrangement which is believed ’ to be advantageous to the parties in interest. X Kir the shares ofjthe Pacific , I have already -i a great exterfsion, and in f some respects a nev direction, to our commerce II in that oce; . A direct and rapidly-increasing intercourse has sprung up with Eastern Asia. I The waters of the f ort hern Pacific, even into r I tl— Ai .die s;. have of late years been frequented , b- The application of steam to ' th 1 ;. ral purposes of navigation, is becoming t daily ■• conui.-ii, and makesit desirable to I obtain i?tl and other necessary supplies at con | venient points or. the route between Asia and r j our Pacific shores. Our unfortunate countrymen, ! who from time to time suft'er shipwreck on the . ; coasts of the eastern seas, are entitled to protec ; I tion. Besides these specific objects, the general j I prosperity of our States on t e Pacific requires ■ that an attempt should be made to open the op . ■ posite regions of Asia to a mutually beneficial . intercourse. It is obvious that this attempt could I I be made by no power to so great advantage as . I by the United States, whose constitutional sys -5 i tern excludes every idea of distant colonial de £ I pendencies. I have accordingly beeu led to or , der an appropriate naval force to Japan, under ’ | the command of a discreet and intelligent officer j of the highest rank known to our service He , is instructed to endeavor to obtain from the gov- j eminent of that country some relaxation of the , ; inhospitable and anti-social system which it has ' pursued for about two centuries. He has been f. ; directed particularly to remonstrate in the strong . est language against the cruel treatment to which , our shipwrecked mariners have often been sub jected, and to insist that they shall be treated j i with humanity. He is instructed, however, at ' the same time to give that government the arn -1 plest assurances that the objects of the United States are such and such only as I have indicated, , and that the expedition is friendly and peaceful. ' ' Notwithstanding the jealousy with which the " ■ governments of Eastern Asia regard all overtures i from foreigners, I am not without hopes of a " beneficial result of the expedition. Should it be ’ crowned with success, the advantages will not ’ be confined to the United States, but, as in the j case of China, will be equally enjoyed by all the j other maratime powers. I have much satisfac ’ tion in stating that in all the steps preparatory ’ I to this expedition, the Government of the United ’ States has been materially aided by the good of -5 | fires of the King of the Netherlands, the only ’ European power having any commercial rela , tions with Japan. STATE DEPARTMENT. i In passing from this survey of our foreign rela ' tions, I invite the attention of Congress to the l condition of that department of the Government to v. 'Jeb this branch of the public business is en ; trusted. Our intercourse with foreign powers has of late years greatly increased, both in conse quence of our own growth and the introduction , of many new States into the family of nations In this way the Department of State has become : overburdened. It has, by the recent establish i ment of the Department of the Interior, been re lieved of some portion of the domestic business. If the residue of the business of that kind, such as the distribution of Congressional documents, the keeping, publishing and disiribution of the laws q the United Slate*, the execution of the ■ copyright >4w, the subject of reprieved and par dons, and some other subjects relating to interi or administration, should be transferred from the Department of State, it would unquestiona bly be for the benefit of the public service. I would also suggest that the building appropriated to the State Department is not fire-proof; that I there is reason to think there are defects in its construction, and that the archNes of the Gov ernment in charge of the Department, with the , precious collections of the manuscript papers of ■ Washington, Jefferson, Hamilton, Madison, and ' Monroe, are exposed to destruction by fire. A similar remark may be made of the buildings ap propriated to the War and Navy Departments. TREASURY DEPARTMENT. j The condition of the Treasury is exhibited in I the annual report from that Department. The cash receipts into the Treasury for the fiscal year ending the 30th June last, exclusive of trust funds, were forty-nine millions seven hundred and twenty-eight thousand three hund red and eighty-six dollars and eighty-nine cents, ($49,728,386 89.) and the expenditures lor the same period, likewise exclusive of trust funds, were forty-six millions seven thousand eight hundred and ninety-six dollars and twenty cents, ($46,007,896 20.) of winch nine mil lions four hundred and fifty-five thousand | eight hundred and fifteen dollars and eighty : three cents (§9,455,815 S 3) was on ac- ■ count of the principal and interest of the public I debt, including the last instalment of the indem i nity to Mexico, under the treaty of Guadalupe I Hidalgo, leaving a balance of $14,632,136 37 in I the Treasury on the first day of J uly last. Since i this latter periol. further purchases of the prin- I cipal of the pul ■ debt have been made to the i extent of twe s four hundred and fifty-six thousand five i i: red and forty-seven dollars j and forty-nin •< . ($2,456,547 49,) and the i surplus in the . leasury will continue to be ap ! plied to that object, whenever the stock can be : procure ! within the limits, as to price, authori ' zed • !•••' T ■! for rti merchandise imported duri-o' iart fi.-.cal year was two hundred and seven i. iiiciic two hundred and forty thousand one hun.oed and one de'lar.’, ($207,240,101;) and the value .>f dome, tic productions exported was one hundred and l-uty-nine millions eight hun i dred and sixty-one thousand nine hundred and eleven dollars, ($1.18,801 9! I.) besides seven teen millions two hundred and four thousand and twenty-six dollars ($17,291,026) of foreign mer chandise exported; making the aggregate of the : entire exports one hundred and sixty-seven mil lion sixty-five thousand nine hundred and thir ty-seven dollars, ($167,065,937;) exclusive of the above there was exported forty-two millions five hundred and seven thousand two hundred and eighty-five .dollars ($42,507,285) in specie; and imported from foreign ports, five millions two hundred and sixty-two thousand six hun dred and forty-three dollars, ($5,262,643.) THE TARIFF. In my first annual message to Congress I called your attention to what seemed to me some defect* in the present tariff and recommended such modifications as in my judgment were best adapted to remedy its evils and promote the • ; prosperity of the conntry. Nothing has since occurred to change my views on this important j question. Without repeating the arguments contained in my former message, in favor of discrimina ting, protective duties, 1 deem it my duty to call your attention to one or two other considera tions affecting this subject. The first is, the effect of largi jimportations of foreign goods upon our currency. Most of the gold of California, as fast as it is coined, finds its way directly to Eu ropein payment for goods purchased. In the second place, as our manufacturing establish ments are broken down by competition with foreigners, the capital invested in them is lost, thousand of honest and industrious citizens are thrown out of employment, and the farmer to that extent is deprived of a home market for the sale of his surplus produce. In the third place, the destruction of our manufactures leaves the foreigner without competition in our market, arid he consequently raises the price of the article • sent here for sale, as is now seen in the increas led cost of iron imported from England. The i prosperity and wealth of every nation must de pend upon its productive industry. The farmer is stimulated to exertion by finding a ready market for his surplus products, and benefitted by being able to change them, without loss of time or expense of transportation, for the manu- j factures which his comfort or convenience re quires. This is always done to the best advan tage where a portion oi the community in which he Jives is engaged in other pursuits. But most manufactures require an amount of capital and a practical skill which cannot be commanded, un less they be protected for a time from ruinous competition Irom abroad. Hence the necessity of laying those duties upon imported goods which the Constitution authorizes for revenue, in such a manner as to protect andj encourage the| labor of our own citizens. Duties however should not be fixed at a rate so high as to exclude the foreign article, but should be so graduated as to enable the domestic manufacturer fairly to com pete with the foreigner in our own markets, and by this competition to reduced the price of the manufactured article to the consumer to the low est rate at which it can be produce. This po licy would place the mechanic by the side of the farmer, create a mutual interchange of their respective commodities, and thus stimulate the industry of the whole country, and render us in dependent of foreign nations lor the supplies re quired by the habit* or n«e«*sitiM of th* people. Another question, wholly independent of pro j tection, presents itself, and that is, whether the ! duties levied should be upon the value of the article at the place oF shippient, or, where it is practicable, a specific duty, graduated according to quantity, as ascertained by weight or measure. All our duties are at present inWa/oiTui. A cer tain per centage is levied on the price of the goods at the port of shipment in a foreign coun try. Most commercial nations have found it indispensable, tor the purpose of preventing fraud andjperjury, to make the duties specific whenever the article is of such a uniform value in weight or measure as to justify such a duty. Legislation should never encourage dishonesty or crime. It is impossible that the revenue officers at the port where the goods are entered and the duties pajd should know with certainty what they cost in the foreign country. Yet the law requires that they should levy tile duty according to such cost. They are therefore compelled to resort to very unsatisfactory evidence to ascertain what that cost was. They take the invoice of the impor ter, attested by his oath, as the best evidence of which the nature ot the case admits. But every one must see that invoice infiy be fabricated, and ttie oath by which it is supported false, by reason of which the dishonest importer pays a part only of the duties which are paid by the honest one.and thus indirectly receives from the treasury of the United States a reward for his fraud mid perjury. The reports of the Secretary , of the Treasury heretofore made on this subject ! show conclusively that these frauds have been . practiced to a great extent. The tendency is I i to destroy that high moral character for which | onr merchants have long been distinguished ; to ■ 'defraud the Government of its revenue; to : break down the honest importer by a dishonest I competition; and, finally,to transfer the busi- i ness of importation to foreign and irrespon sible agents, to the great detriment of our own ■ i citizens. 1 therefore again most earnestly re >' commend the adoption ot specific duties, wher s ever it is practicable, or a home valuation, to . prevent these frauds. i I would also again call your attention to the t fact, that the present tariff in so ne cases im s poses a higher duty upon the raw material im i ported than upon the article manufactured from t it, the consequence of which is that the duty s operates to the encouragement ot the foreigner - and the discouragement of our own citizens. ] INDIAN AFFAIRS. For full and detailed information in regard to the general condition of our Indian affairs, I re c sjjctfully refer you to the report ofthe Secretary r offiaie Interior and the accompanying docu e ments. » The Senate not having thought proper to rati fy the treaties which had been negotiated with a the tubes of Indians in California and Oregon, J our relations with them have been left in a very o unsatisfactory condition. g In other parts of our territory, particular dis ci tricts of country have been set apart for the ex- - elusive occupation ofthe Indians, and their right J to the lands within those limits has b een ac i, i knowledged and respected. But in California e j and Oregon there has been no recognition by - the Government of the exclusive right ot the 1 : Indians to any part of the country. They are s i therefore mere tenants at sufferance, and liable - ' to be driven from place to place, at the pleasure ,1 ; of the whites. 1 The treaties which have been rejected pro s ; posed to remedy this evil by allotting to the dis- - lerent tribes districts of country suitable to their - habits of life, and sufficient for their support. - This provision, more than any other, it is be r : lieved, led to their rejection ; and as no substi r tute for it has been adopted by Congress, it has e j not been deemed advisable to attempt to enter - into new treaties of a permanent character, e although no effort has been spared by tempor s ary arrangements to preserve friendly relations i with them. If it be the desire of Congress to remove them a from the country altogether, or to assign to them - particular districts more remote from the settle -1 ments of the whites, it will be proper to set apart t by law the territory which they are to occupy, - and to provide the means necessary tor removing 1 them to it. Justice alike to our own citizens , and to the Indians requires the prompt action of Congress on this subject. » The amendments proposed by the Senate, to s the treaties which were negotiated with the i Sioux Indians of Minnesota, have been submit- > ted to the tribes who were parties to them, and t have received their assent. A large tract of va ‘ luable terrritory has thus been opened forsettle- > ment and cultivation, and all danger of collision with these powerful and warlike bands has been • happily removed. I The removal of the remnant of the tribe of Seminole Indians from Florida has long been a ■ cherished object of the Government, and it is one to which my attention has been steadily direct ed. Admonished by past experience of.the dif ficulty and cost of the attempt to remove them by military force, resort has been had to conci liatory measures. By the invitation of the Com missioner of Indian A ffair.s several of the princi pal chiefs recently visited Washington, and whilst here acknowledged in writing the obliga tion of their tribe to remove with the least pos sible delay. Late advices from the special agent ! of the Government represent that they adhere to their promise, and that a council of their peo ple has been called to make their preliminary arrangements. A general emigration may there- I fore be confidently expected at an early day. GENERAL LAND OFFICE. i The report.from the General Land Office shows I increased activity in its operations. The survey ot tlie northern boundary of lowa has been com f pieced vvitt» ■ » the last year 9,522,953 acres of public land have been surveyed, and 8,032,163 acres brought into market. acres. In the last fiscal year there were sold.. 1,553.071 Located with bounty land warrants... .3,201,314 Located with other certificates 115,682 Making a total of 4,870,067 In addition, there were— Reported under swamp land grants.. ..5,219.188 For internal improvements, railroads, &c 3,025,920 Making an aggregate of 13,115,175 Being an increase in the amount of lands sold and located under land warrants of 569,220 acres i over the previous year. The ,whole amount thus told, located under ■ land warrants, reported under swamp land grants, and selected for internal improvements, exceeds that of the previous year by 3,342,372 acres ; and the sales would, without doubt, have been much larger but for the extensive reserva tions for railroads in Mississippi, and Alabama. acres. For the quarter ending 30th September, 1852, there were sold 213,255 Located with bounty land warrants... 1,387,1 16 Located with other certificates 15,649 Reported under swamp land grants... .2,485,233 Making an aggregate for the quarter of 1,431,253 THE CENSUS. Much the larger portion of the labor of arrang ing and classifying the returns of the last census has been finished, and it will now devolve upon Congress to make the necessary provision for the publication of the results in such form as shall be deemed best. The apportionment of rep resentation. on the basis of the new census, has been made by the Secretary of the Interior in conformity with the provisions of law relating to that subject, and the recent elections have ; been made in accordance with it. PATENTS. I commend to your favorable regard the sug ' gestion contained in the report of the Secretary . ofthe Interior, that provision be made by law for the publication and distribution, periodically, ot i an analytical digest of all the patents which have been, or may' hereafter be, granted for use ful inventions and discoveries, with such des criptions and illustrations as maybe necessary to present an intelligible view of their nature i and operation. The cost of such publication could easily be defrayed out of theipatent fund, and I am persuaded that it could be applied to no object more acceptable to inventors and ben eficial to the public at large. INSANE ASYLUM. Aii appropriation of $109,000 having been made at the last session fol the purchase of a suit able site, and for the erection, furnishing and fit ting up of an Asylum for the Insane ofthe Dis trict of Columbia, and of the Army and Navy of the United States, the proper measures have been adopted to carry this beneficent purpose in to effect. BOUNDARY COMMISSION. By the latest advices from the Mexican Boundary Commission it appears that the sur vey of the river Gila, from its confluence with the Colorado to its supposed intersection with the western line of New Mexico, has been com pleted. The survey of the Rio Grande has also been finished from the point agreed on by the . Commissioners as “the point where it strikes the southern boundary of New Mexico” to a point one hundred and thirty-five miles below Eagle Pass, which is about two thirds of the distance along the course of the river to its mouth. The appropriation which was made at the last session of Congress for the continuation of the survey is subject to the following proviso : “Provided. That no part of this appropriation shall be used or expended until it shall be made satisfactorily to appear to the Piesidentof the United States that the southern boundary of New Mexico is not established by the commis sioner and surveyor of the United States farther north ol the town called‘Paso’than the same is laid down in Disturnell’s map, which is added to the treaty.” My attention was drawn to this subject by a report from the Department of the Interior, which reviewed all the facts of the case, and I submitted for my decision the question whether, I under existing circumstances, any part of the appropriation could be lawfully used or expend ed for the further prosecution of the work. Af ter a careful consideration of the subject, I came to the conclusion that it could not, and so in formed the head of that Department. Ordeis were immediately issued by him to the commis sioner and surveyor to make no further requisi tions on the Department, as they could not be paid; and to discontinue all operation* on the southern line of New Mexico. But as the De partment had no exact information a* to the amount of provisions and money which remain ed unexpended in the hands of the commissioner and surveyor, it was left discretionary with them to continue the survey down the Rio Grande as far as the means at their disposal would enable them, or at once to disband the Commission. A special messenger has since ar rived from the officer in charge of the survey on the river, with information that the funds subject to his control were exhausted, and that the officers and others employed in the service were destitute alike of the means of proiecuting the work and of returning to their home*. | ' The object ot the proviso was doubtless 1o ai4 rest the survey of the Southern and Western lilies of New Mexico, in regard to which differ ent opinions have been expressed ; for it is hard ly to be supposed that there could be any objeg-c tion to that part of the line which extends along the Channel of the Rio Grande. the terms of the law are so broad as to use of anta part of the money for the prosecution work, or even for the payment, to the and agents, of the arrearages of pay justly due to them. Ajec i I earnestly invite your prompt attentlV " .7' this subject, and .recommend a modification of the terms of the proviso so as to enable the De partment to use as much of the appropriatiot£ro will be necessary to discharge the existing oblV% gations ofthe Government, and to survey of the Rio Grande to its mouth. Jf": It will also bo proper to make furtherTrovi sion by law for the fulfilment of our treaty w*Ur Mexico for ruiimng and marking the residue o f the boundary between the two counties -Strict of Columbia. ” , Permit me to invito your particular attention to the interests of the District of Columsi aj which are confided by the Constitution to j ou r peculiar care. Among the measures which seem to me ofjft greatest importance to its prosperity, are IhslS. traduction of a copious supply of water int|info city of Washington, and the construction of, suitable bridges across the Potomac to regactf those which were destroyed by high wat® j n the early part of the present year. At the last session of Congress an approffia-i tion was made to defray the cost of the srn»?y S necessary for determining the best meaiiQ>( a s. fording an unfailing supply of good and Whole some water. Some progress has been made in the survey, and as soon as it is complete sh e result will be laid before you. Further appropriations will also be for grading and paving the streets and avfo llPSi and enclosing and embellishing the Riblic | grounds within the city of Washington. I commend all these objects, together wist : charitable institutions of the District, to y<n fa vorable regard. . i THK FRONTIER. J Every effort has been made to protect oj tier, and that of the adjoining Mexican tyf-s. L from the incursions of the Indian about 11,000 men of which the army is*-...~l , posed, nearly 8,000 are employed in , of the newly-acquired territory, / - as,) arujof emiuiaiits prugei-ijjHr tl-A/A.j gratified to say that thesa e'fforß suallj' successful. With the exception partial outbreaks in California and Oregon, asj? i occasional depredations on a portion of the Rio ( Grande, owing, it is believed, to the disturbed • state of that border region, the inroads of the Indians have been effectually restrained. Experience has shown, however, that when ever the two races are brought into contaft, col ; lisions, will inevitably occur. To prevent,these collisions the United States have genersli se j t apart portions of their territorj' for the ejcjisive ■ occupation of the Indian tribes. A difficulty . occurs, however, in the application of this poli . cy to Texas. By the terms of the compief by > which that State was admitted into the U|ion. . she retained the ownership ol all the vatan! lauds within her limits. The governmenlj**; . that State, it is understood, has assigned no . tion of her territory to the Indians ; but as fas( r as her settlements advance lays it off into coun ties, and proceeds to survey and sell it.'This poh icy manifestly tends, not only to alani, and ir. ritate the Indians, but to compel them to resort , to plunder for subsistence. It also depriv<s thus • Government of that influence and control over them without which no durable peace canlever exist between them and the whites. 1 trus 1 , ; therefore, that a due regard for her own iottrest', apart from considerations of humanity and jus tice, will induce that State to assign sma.l portion of her vast domain for the pro isionti occupancy of the small remnants oi tribe? within her borders, subject of course :o her ownership and eventual jurisdiction, if sh« should fail to do this, the fulfilment of ou Jlreaty 1 i stipulations with Mexico, and our duty ro the ■ Indians themselves, will, it is feared, becme a i subject of serious embarrassment to the i I ment. It is hoped, however, that a timely aixf ■ just provision by Texas may avert this evil. FORTIFICATIONS. No appropriations for fortifications were made, at the two last sessions of Congress. The catuea of this omission is, probably, to be found in al growing belief that the system of fortifications' adopted in 1816, and heretofore acted on, requires ' ! revision. The subject certainly deserves full and ifire : fill investigation ; but it should not be delayed longer than can be avoided. In the mearlirne there are certain works which have been irn menced—some of them neaily designed to protect our principal seaports frrm Boston to New Orleans, and a few other iipor , tant points. In regard to the necessity for(h<ise works, it is believed that little difference ofoj n ion exists among military men. I therefoie 're commend that the appropriations necessary to prosecute them be made. | I invite your attention to the remarks oi tils subject, and on others connected with hh be partment, contained in the accompanyii g re port of the Secretary of War. RIVERS AND HARBORS. j Measures have been taken to carry into .fleet the law of the last session making provisio i for the improvement ofcertain rivers and harirs, and it is believed that the arrangements n*de for that purpose will combine efficiency yitn t.. UjaiMh r-il adlson rt nen rue act was p I set RMtgT**** in regard to many of the works beyond in.c;'Tig' the necessary preparations. With respect -a a few of the improvements, the sums already ap propriated will suffice to complete them, but most of them will require additional approba tions. I trust that these appropriations wil be made, and that this wise and beneficient pdicy, so auspiciously resumed, will be contifoed. Great care should be taken, however, to com mence no work which is not of sufficient inpor tance to the commerce of the country to be iew ed as national in its character. But Vorks which have bee.n commenced should not dis continued until completed, as otherwise the sums expended will, in most cases, be lost. NAVY DEPARTMENT. The report from the Navy Department will inform you of the prosperous condition a the branch of the public service committed b its charge. It presents to your consideration~inany topics and suggestions of which I ask you! ap proval. It exhibits an unusual degree of aaivity in the operations of the Department during the past year. The preparations for the Japan ex pedition, to which I have already alluded; the arrangements made for the exploration an! sur vey of the China Seas, the Nothern Pacific, and Behring’s Straits ; the incipient measures taken towards a reconnoissance ofthe continental Af rica eastward of Liberia ; the preparation ir an early examination ofthe tributaries of theßiver La Plata, which a recent decree of tiiPprwCsion al chief ofthe Argentine Confederation hasopen ed to navigation; all these enterprises, and the means by which they are proposed to be accom plished, have commanded my full approlnuon, and I have no doubt will be productize of most useful results. Two officers of the navy were heretofore in structed to explore the whole extent of the Am azon river from the confines of Peru to its tnouth. The return of one of them has placed in the pos session ofthe Government an interesting and valuable account of the character and resources of a country abounding in the materials of com merce, and which, if opened to the industry of the world, will prove an inexhaustible fund of wealth. The report ot this exploration will be communicated to you as soon as it is completed. Among other subjects offered to your notice by the Secretary ofthe Navy, I select for spe cial commendation, in view of its connexionwith the interests of the navy, the plan submitted by him for the establishment of a permanent corps of seamen, and the suggestions he has presented for the reorganization ofthe Naval Academy. In reference to the first of these, I take occa sion to say, that I think it will greatly improve the efficiency of the service, and that I regard it as still more entitled to favor for the sflutary influence it must exert upon the naval discipline, now greatly disturbed by the increasing spirit ot insubordination, resulting from our present system. The plan proposed for the organisation of the seamen, furnishes a judicious substitute for the law of Sejitember, 1850, abolishing cofporal punishment, and satisfactorily sustains the policy of that act, under conditions well ?Japt*l to maintain the authority --■ v 1 and security of our ships. Tt is believed that any change which proposes permanently to dis pense with this mode of punishment, should be preceded by a system of enlistment which shall supply the navy with seamen ofthe most meri torious class, whose good deportment and pride of character may prelude all occasion for a resort to penalties of a harsh or degrading nature. The safety of a ship and her crew is often upon immediate obedience to a command, and the authority to enforce it must be equally ready. The arrest of a refractory seaman, in such mo ments, not only deprives the ship of indispensable aid, but imposes a necessity for double service on others whose fidelity to their duties may be re lied upon in such an emergency. The exposure to this increased and arduous labor, s.ace the passage of the act of 1850, has already had, to a most observable and injurious extent, the effect of preventing the enlistment of the beet seamen in the navy. The plan now suggested is design ed to promote a condition of service in which this objection will no longer exist. The details ofthis plan may be established in great part, it not altogether, by the Executive, under the au thority of existing laws; but I have thought it proper, in accordance with the suggestion of the Secretary ot the Navy, to submit it to vour ap proval. The establishment of a corps of apprentice* for the navy, or boysto be enlisted until they become ot age, and to be employed under such regula tio is as the Navy Department may devise, as proposed in the report, 1 cordially app. »ve and commend to your consideration ; and I also con cur in the suggestion that this system for the early training of seatnen may be most usefully engrafted upon the service ot our merchant ma- ' rine. ' The other proposition ofthe report to which J ! have referred—the reorganization of the Naval : Academy—l recommend to your attention as a , project worthy ol your encouragement »nd sup- , port. The valuable services already rendered , by this institution entitle it to the continuance l of your fostering care. I GENERAL POST OFFICE. Your attention is resjiectfully called so the re- 1 port of the Postmaster General for this detailed 1 operation of his Department during the last fiscal 1 year, from which it will be seen that tho receipts ' from postages for that time were less by sl,- , 431,696 than fol the preceding fiscal year, being . a decrease of about 23 per cent. . This diminution i* attributable to the reduc- I tion in the rate* of postage made by the act of ' 3,1851, which reduction took effect at | the commencement ofthe last fiscal year. Although in its operation during the last year the act referred to has not fulfilled the predic tions of its friends by increasing the correspond "nee of the country in proportion to the reduc tion of postage, I should nevertheless question policy of returning to higher rates. Expe rieftce warrants the ex pectatiou that as the com rftunity becomes aceu torned to cheap postage, 'correspondence will im lease. It is believed that from this cause, an I from the rapid growth of the country in popula'ion and business, the receipts »f the Departmen must ultimately ’ex ceed its expenses, and th.i the country may safely rely upon the contin i anee ofuLUe cheaji rate of postage. W FOREIGN CONSULS, &C. ' Th former messages I have, among other things, respectfully recommended to the consid t Nation of Congress the propriety and necessity 1 ot' further legislation for the protection and pun ishment of foreign consuls resing in the United States ; to revive with certain modifications the act of 10th March,J 1838, to restrain unlawful military expeditions against the inhabitants or conterminous States or territories; for the pre servation and protection from mutilation of theft of tho papers, records and archives of the nation; for authorizing the surplus revenue to be applied to the payment of the public debt m ad vance ol the time when it will become du ’; lor the of land offices for tljo sale < the pub lie lands in Calilbrniaand the territory of Oregon: for the construction of a road the Mi.-iis pi valley to the Pacific ocean ; for the estab kshmentrof a bureau of agriculture for the pro motion of that interest, perhaps the most impor tant in the country ; for the prevention of frauds upon the Government in applications for jxmsions and bounty lands ; for tpe establish ment ot a uniform fee bill, prescribing a specific for every service .required of i clerks, district attorneys and marshals; for au- I thorizihg an additional regiment of mounted ' men, for the defence of our against the 1 Indians, and fox-fulfilling our stipulations with Mexico to defend her citizens against the 4-Indians “with equal diligence mid energy aS 7 our own ;” for determining the relative rank be- I tween the naval and civil officers in our public Lfliips, and between the officers of the Army and in the various grades ol each; for re-or- I ganizing the naval establishment by fixing the fWimber of officers in each grade, and providing /kJ- a retired list upon reduced pay of those unfit vea!u.tyl for prescribingjand regulating V’p^nijhsS’fits^trthv navy ; tot the appointment* J" u ?i>mmission to revise the public statutes of f States, by arranging them in order, 1 deficiencies, correcting incongruities, simprfying their language and reporting them to Congress for its final action ; and for the es tablishment of a commission to adjudicate and settle private claims against the United States.— j I am not aware, however, that any of these subjects have been finally acted on by Congress. ' Without repeating the reasons for legislation on ! these subjects, which have been assigned in for- I mer messages, I respectfully recommend them , again to your favorable consideration. THE DEPARTMENTS. I think it due to the several Executive De- : partments of this Government to bear testimo ny to the efficiency and integrity with which, they are conducted. With all the careful super- | rintendence which it is possible for the Heads of i those Departments to exercise, still the due ad minstration and guardianship of the public mon ey must very much depend on the vigilance, in telligence. and fidelity of the subordinate officers and clerks, and especially on those entrusted with the settlement and adjustment of claims and accounts. 1 am gratified to believe that they have generally performed their duties faith fully and well. They are appointed to guard the approaches to the public Treasury, and they oc cupy positions that expose them to all the temp tions and seductions which the cupidity ofpecu culators and fraudulent claimants can prompt them to employ. It will be but a wise precau tation to protect the Government against that i source otmischief and corruption, as far as it can I be done, by the enactment of all proper legal j penalties. The laws, in this respect, are suppo r, sed to be defective, and I therefore deem it my ! duty to call your attention to the subject, and to I recommend that provision be made by law for the punishment not only of those who shall ac ' cept bribes, but also ol those who shall either | promise, give, or offer to give to any of those I officers or clerks a bribe or reward, touching or . relating to any matter of their official action or duty. non-intervention, &c. It has been the uniform policy of this Govern ment from its foundation to the present day, to abstain from all interference in the domestic af fairs of other nations. The consequence has been that while the nations of Europe have been en gaged in desolating ware, our country has pur sued its peaceful course to unexampled prosperi ty *nd happiness. The wars in which we have been compelled to engage, in defence of the rights and honor of the country, have been for tunately of short duration. During the terrific contest of nation against nation, which succee ded the French revolution, we were enabled by the wisdom and firmness of President Washing ton, to maintain our neutrality. While other na tions were drawn into this wide sweeping whril pool, we sat quiet and unmoved upon our own shores. While the flower of thair numerous ar mies was wasted by disease or perished by hun dreds of thousands upon the battle-field, the j’outh ofthis favored land were permitted to en joy the blessings of peace beneath the paternal '• 1 -a n r'' 1 jects stid groan, and which must abs_MJ.o small part of the product of the honest industry of those countries for generations to come, the Uni ted States have once been enabled to exhibit the proud spectacle of a nation free from public debt; and, if permitted to pursue our prosperous way for a few years longer in peace, we may do the same again. But it is now said by some, that this policy must be changed. Europe is no longer separated from us by a voyage of months, but steam navi gation has brought her within a few days’sail of our shores. We see more of her movements, and take a deeper interest in her controversies. — Although no one proposes that we should join the fraternity of potentates who have for ages lavish ed the blood and treasure of their subjects in maintaining “ the balance of power,” yet it is said that we ought to interfere between contend ing sovereigns and their subjects, for the purpose of overthrowing the monarchies of Europe and es tablishing in their place republican institutions. It is alleged that we have heretofore pursued a different course from a sense of our weakness, butthat now our conscious strength dictates a change of policy, and that it is consequently our duty to mingle in these contests and aid those who are struggling for liberty. This is a most seductive but dangerous appeal to the generous sympathies of freemen. Enjoying as we do tho blessings of a free government, there is no man who has an American heart that would not rejoice to see these blessings extended to all other nations. Wo cannot witness the struggle between the oppressed and his oppressor aaiywhero without tho deepest sympathy for tho former, mid the most anxious desire for his triumph. Never theless is it prudent or is it wise to involve our selves in these foreign wars? It is indeed true that we have heretofore refrained from doing so merely from the degrading motive of a conscious weakness? For tho honor of the patriots who have gone before us, I cannot admit it. Men of tho Revolution who drew the sword against the oppressions of their mother country, and pledged to Heaven “ their lives, their fortunes, and their sacred honor” to maintain their freedom, could never hare been actuated by so unworthy a motive. They know no weakness or fear where right or duty pointed the way, and it o is libel upon their fair fame for us, while we enjoythe blessings for which they so nobly kught and bled, to insinuate it. Tho truth is that the course which they pursued was dictated by a st ern sense of international justice, by a statesman- , like prudence and a far seeing wisdom, looking not merely to tho present necessities, but to the perma nent safety and interest ofthe country. They knew that the world is governed less by sympathy than by reason an I force; that it was not possible for this nation to become a “propagandist” of free prinoi- j pies without arraying against it the combined pow ers of Europe; and that the result was more likely to be the overthrow of republican liberty hero than its establishment there. History has been written in vain for those who can doubt this. France had no sooner established a republican form of govern ment than she manifested a desire to force its bles sings on all the world. Her own historian informs us that, hearing of some petty acts of tyranny in a neighboring principality, “Tlkl National Conven tion declared that she would afford succor and fra terhil,"ro'-amTTrr;lmn who u l.ihi .I to . c,their liberty; and she gave it in charge to tho executive power to give orders to tho generals of the French armies to aid all citizens who might have been or should bo oppressed in tho cause of liberty.” Hero was tho false stop which led to her subsequent mis fortunes. She soon found herself involved in war with all tho rest of Europe. In less than ten years bor government was changed from a republic to an empire; and finally, after shedding rivers of blood, foreign powers restored hor exiled dynasty, and ex hausted Europe sought peace and repose in the un questioned ascendancy of monarchical principles. Let us learn wisdom from her example. Let us remember that revolutions do not always establish freedom. Our own free institutions were not tho offspring of our Revolution. They existed before. They were planted in the free charters of self gov ernment under which tho English colonies grow up, and our Revolution only freed us from the domin ion of a foreign power, whoso government was at variance with those institutions. But European nations have had no such training for self govern ment, and every effort to establish it by bloody rev olutions has been, and must, without that prepara tion, continue to boa failure. Liberty, unregulat ed by law, degenerates into anarehy, which soon becomes tho most horrid of all despotisms. Our policy is wisely to govern ourselves, and thereby to sot such an example of nationaljiistico, prosper ity, and true glory, as shall teach to all nations tho blessings of self government, and tho unparalleled enterprise and success of a free people. Wo live in an ago of progress, and ours is em phatically a country of progress. Within tho last half-oentury tho number of States in this Union has nearly doubled, tho population bus almostquiid iiiplcd, and our boundaries have boon extended from tho Mississippi to the Pacific. Dur territory is cheqttorod over with railroads, and furrowed with canids. Tho inventive talent of our country is ex cited to the highest, pitch, and tho numerous appli cations for patents for valuable improvements dis tinguish this age and this people from all others. Tho genius of one American Ims enabled our com merce to move against wind and tide, and that of another has annihilated distance in the transmis sion of intelligence. Tho whole country is full of enterprise. Our common schools are diffusing in telligence among the people, and our industry is fast aocumulating tho comforts and luxuries of life. This is in part owing to our peculiar position, to our fertile soil, and comparatively sparse population; but much of it is also owing to the popular institu tions under which wo live, to tho freedom which every man fools to engage in any useful pursuit according to his taste or inclination, and to the en tire confidence that his jiorson and property will bo protected by tho laws. But whatever may be the 1 cause of this unparalleled growth in population, in telligence, and wealth, one thing is clear, that, the 1 <Jevornm«nt mu»t keep pace with the piogre** »f ' the people. It, must participate in their spirit of enterprise, and while it exacts obedience to the laws, and restrains all unauthorized invasions of the rights of neighboring States, it should foster and protect homo industry, and lend its powerful strength to the improvement of such moans of in tercommunication as are necessary to promote our internal commerce and strengthen the ties which bind us together us a people. ijfeig ,- q It is not strange, however much it may bo regret ted, that such an exuberance of enterprise should cause some indviduals to mistake change 'for pro gress, and tho invasion of tho rights of others for na tional prowess and glory. Tho former uro con stantly agitating for some change in tho organic law, or urging new and untried tiicories of human rights. The latter are ever ready to engage in any wild crusade against a neighboring people, regard less of tho justice of tho enterprise, and without looking at the fatal consequences to ourselves and to tho cause of popular government. Such expe ditions, however, arc often stimulated by mercena ry individuals, who expect to share the plunderer profit by the enterprise without exposing themselves to danger, and are led on by some irresponsible for eigner, who abuses the hospitality of our own Gov ernment by seducing the young and ignorant to join in his scheme of personal ambition or revenge, un der the false and delusive pretence of extending tho urea of freedom. These reprehensible aggressions but retard the true progress of our nation and tar nish its fair fame. They should, therefore, receive tho indignagrffc'rowns of every good citizen who sin cerely country and takes a pride in its prosperity SWrlionor. Our Constitution, though not perfect, is doubtless tho best that over was formed. Therefore let every proposition to change it bo well weighed, and if found beneficial, cautiously adopted. Every patri ot will rejoice to soo its authority so exerted as to advance the prosperity and honor of tho nation, whilst he Will watch with jealousy any attempt to mutilate this charter of our liberties, or pervert its powers to acts of agression or injustice. Thus shall conservatism and progress blend their harmonious aetien in preserving the form and spirit of the Con stitution, and at tho same time carry forward the great improvements of the country with a rapidity and energy which freemen only can display. In closing this, my last annual communication, permit me, fellow-citizens, to congratulate you on the prosperous condition of our beloved country. Abroad it* relations with all foreign powers are friendly; its rights are respected, and its high place in tho family of nations cheerfully recognised. At homo, wo enjoy an amount of happiness, public and private, which has probably never fallen to tho lot of any other people. Besides affording to our cit izens a degree of prosperity, of which on so large a, scale I know of nir other instance, our country is annually affording a refuge and a homo to multi tudes, altogether without example, from the Old World. We owe these blessings, undvr Heaven, teJihe happy Constitution and Government which vjforof bequeathed to us by our fathers, and which it is our sacred duty to transmit in' all their integrity to our children. We must all consider it a great distinc tion and privilege to have been chosen by the peo ple to bear a part in tho administration of such a Government. Called by an unexpected dispensa tion to its highest trust, at a season of embarrass ment and alarm, I entered upon its arduous duties I with extreme diffidence. I claim only to have dis l charged them to the best ofan humble ability, with a single eye to the public good; and it is with do vout gratitude, in retiring from office, that I leave I the country in a state of peace and prosperity. MILLARD FILLMORE. Washington, December G, 1852. Liability of Rail Road Companies, Stage and Om nibus Proprietors, and others engaged in the Transportation of Persons, for Baggage accom ■ panning Passengers. Oscar H. Dibble, Pltff. in Error, vs. Brown & Harris. Halls for Pltff.—Poe, Nisbet & Poe for Defts. i Writ of Error before the Supreme Court, al Deca- tur, m August last. Nisbet, J. ' This action was brought to recover the value of a Trunk and its contents from the Defendants as Common Carriers. The defondants were pro- I prietoTs of an Omnibus running from their Hotel in the city of Macon. The Trunk was placed in charge ofthe Plaintiff’s son, a youth about four teen years old, at Columbus, and taken with him as baggage on Coaches running from that city to Macon. At Macon he stayed a night at the Defendant’s house, and passed from thence in their Omnibus, the next morning, to the Central Rail Road Dopot. His baggage, including the lost trunk, was received by the Defendants at their hotel, and brought out by their servants to be sent to the depot with him. Upon arriving at the depot it was found not to be with the bag gage and was finally lost. Having proven that the trunk belonged to him and also its loss, and the facts above stated, the Plantiff offered to read the testimony of Mrs. Margarrelle Dibble, i his wife, taken by commission, to prove that she packed the trunk—what were its contents, and their value. The defendants objected to the reading of her testimony upon three grounds : i First, because the plantiff had not proved that the trunk had been delivered into the posses sion of the defendants. Second, because the articles, contained in the bill of parcels annexed to the declaration, and which the evidence was offered to show were in the trunk, were , merchandise, and not such articles of necessity and convenience as travel lers are accustomed to take with them, and for the loss of which, alone, the defendants are by law liable. Third, because the evidence of a party to prove the contents of a trunk, in an action to charge a common carrier lor its loss, is admissible only in case of spoliation being committed on the pro perty of the plant 1 fl by the carrier, and as no spoliation was proven to have been committed i by the defendants, the evidence was inadmissa i ble. ' ted, and they make the pointsUrcught up tor re view. No objection was made to the evidence upon the score of Mrs. Dibble being the plantifl’* wife | The Plaintiffin Error, in'.the record, and counsel j on both sides in the argument, treated the case as if the plaintiff in the action had himself been offered to prove the contents of the trunk, and their value. The general rule is, that a wife is not a competent witness in a suit where her husband is a party; for reasons which grow out of the relation of husband and wife. Her com petency, in this case, depends upon those prin ciples which in like cases would make her hus band, who is the party plantifl' in the action, himself a witness to make out his cause. We shall find that bis competency, in just such a case as this, grows out ofan overruling necessity. So her’s. Without farther remark upon the char acter of the witness, as the wife of the plaintiff than that we considered her as not excepted to, on the ground of that relation, I proceed to no tice the three grounds of incompetency taken in the bill of exceptions, and stated above, as I find them there stated. The first is easily disposed of. If there was no delivery of the trunk to the defendants—if it is not proven to have come into their possession, there can be no recovery for the plaintiff. Re ception of the trunk as baggage, lies at the foun dation of the plantiffs right of action. Whilst this is true, I do not see what it has to do with the competency of Mrs. Dibble. If her testimo ny is admitted, and no delivery is proven, it goes for nothing; for in that event it would be the du ty of the Court to instruct the Jury that the plantiff could not recover. Indeed, it that is not proven, no matter what else is proven, the plain tiff lias not made out his case, and would be non suited. Again; there is no room for considering thisquestion. The fact of delivery Is forthejury to determine, if there is any evidence going to prove it. There is in the record evidence of delivery. It is proven that the'defendants were the proprie tors of the Washington Hall Hotel, where young Dibble stopped, and that in that character they received both him and his baggage, including the trunk; and. it is also proven that they were pro prietors of the Omnibus whico conveyed him to the Central Railroad Depot from their door; and it is larther proven, that the trunk, at the time j when he entered the Omnibus, was present in | the hands of one of the servants waiting at their Hotel; and also, that he, (young Dibble,) inform ; ed the servant that it was to go with him to the Depot. I will not say that this testimony is positive demonstration that in their character, as proprietors of the Omnibus, the trunk came into their hands: for it is not necessary so to say, but I will say, that it is evidence going to show that they received it, and that is all that is necessary for my purpose. It was quite sufficient to carry the case to the Jury on the fact of delivery. If so, we are not at liberty to enquire whether proof of delivery was first necessary to be made in or der to the admissibility of Mrs. Dibble’s testi mony. The proof was made, and that is an end to this objection. The third ground ol objection, which I next notice, because more appropriate to this stage in the argument, is that the exception upon which the evidence of the plaintiff is admissible to prove the contents of a trunk, in an action to charge a carrier for its loss, extends to cases onZy where the carrier is proven to have been guilty of some fraud, or other tortious and unwarranta ble act of intermeddling with the plaintiff’s goods, and is then only admissible when there is no other evidence to prove the damage. In no case is it admissible, if there is other evidence of the damage at the command of the plaintiff. If there is none, then it is true; that the spol iation being proved, the evidence of the party is admissible in odium spoliatoris. This rule is fully illustrated in the case of Herman V. Drinkwa ter. There a Ship Master received on board of his vessel a trunk of goods to be carried to an other port. On the passage he broke open the trunk, and rilled it of its contents, and in an ac tion by the owner of the goods, the plaintiff, hav ing proved uliundc the delivery of the trunk, and its violation, was held competent to testify to the contents of the trunk. [I Greenleaf’s, R 27; Children’s vs. Saxby, 1 Vern. 207 ; 1 Eq. Cas Ab. 229, S. C.; Tait on Evid. 280; 1 Greenleaf’s Evid. § 318.] The principle upon which the rule goes, has been extended to the case of bailors who have been permitted, in suits brought by them selves for the contents of trunks lost by the neg ligence of bailees, to prove their contents.— (Clark vs. Spence, 10 Watts’ R. 335; Green leaf’s Evid. § 348.| In such cases, growing out ot the negligence of bailees, the idea of spolia tion is excluded. Whilst then it is true, that be cause ol the abhorence which the law has for acts of spoliation, the evidence of a party is admissi ble m his own case ; yet it is true that there are other cases where upon other grounds a party may also testify. “ The oath in litem, says Pro fessor Greenleaf, is admitted in two classes of cases: First, when it has been already proved that the party, against whom it is offered, has been guilty of some fraud, or other tortious and unwarrantable act of intermeddling with the complainants goods, and no other evidence can be bad of the amount oi damages; and, Second, where on general grounds of public policy it is deemed essential to the purpose of Justice.”— [Greenleaf’s Evid. 1 vol. § 348.] Again in speaking of the admissibility ot a bailor suing tor the value of goods lost by the (negligence of the bailee, the same learned writer says, “ Such evidence is admitted, not solely on the ground of the just odium entertained both at Equity and at Law against spoliation; but also because from the necessity of the case, and the nature of the subject, no proof can otherwise be expected, it not being usual even for the most prudent persons, in such cases, to exhibit the con tents of their trunks to strangers, or to provide other evidence of their value. For where the law can have no force but by the evidence of the person interested, then the rules of the Common Law, respecting evidence in general, are presum ed to be laid aside, or rather the subordinate are silenced by the most transcendent and universal rule "that in all ca#s. that evidence is good, than which the nature of the subject presumes none better to be attainable.” [Greenleaf’* Evid. 1 vol. § 348.) The necessity of the case, and the nature of the subjeetjare, therefore, grounds upon which the evidence of a bailor, who is a party, may be admitted to prove the contents of a lost trunk. Upon these grounds, we rule that the evidence in this case ought to have been admit ted. This rule received an enlightened exposi tion in the case before referred to, of Clan; vs. Spence, 10 Watts, 335. In that case, Judge Ro gers remarks, “ a party is not competent to tes tify in his own cause ; but like every other gen eral rule this has exceptions. Necessity, either physical or moral, dispenses with the ordinary rules of evidence. In 12 Vin. 24 pl. 32, it is laid down that on a trial at Rodnur coram Monta gue B , against a common carrier, a question arose about the things in a box, and he declared . that this was one of those cases where the par- ty, himself, might be a witness, ex necessitate rei —for every one did not show what be put in his box. The same principle is recognised in decis ions on the statute of Hue and Cry, in England, where a party robbed, is admitted, ex necessitate —-That a party then can be admitted, under cer tain circumstances, to prove the contents of a box or trunk must be admitted, &c.” I then as sume upon authority, that the parties’ admissi bility does not depend upon the fact of spoliation alone, but that he is admissible to prove the con tents of a trunk, when no other evidence is at tainable, upon the ground of a policy, in favorem justilier, springing out ofthe necessity ofthe ease, and the nature of the subject. Equally is the assumption sustainable upon principle; for as argued by Greenleaf, all subordinate rules ol ey-Mence are silenced by that universal and tians- S nt rule, that that evidence, in all cases, is ;han which the nature ot the subject pre non-e better to be attainable. Justice has her ities—one of which is, that wrong must be pr*£pnted even by over-riding rules of evidence, -Wecriurnfiy, thn'not only salutary but indis their interest. TT »■ < — to thisfcase. "t is Dot pretended that there is any.evidence attainable, to prove the contents of this trunk, but that of Mrs. Dibble; she packed it, and she, alone, knew its contents. The necessity of her ad mission, then, is found in the fact, if she is ex cluded, the plaintiff looses his rights. The rea son of the rule is fortified by a consideration of the confidence and trust, which the public are obliged to repose in carriers, and the facility with which that confidence may be abused. [Lane vs. Colton, 1 Viner. Abr. 219 ] The second ground of objection to Mrs. Dib ble’s testimony, involves a question of some dif ficulty, and of great practical importance. And it is this, to wit—how farthe rule, admitting the evidence of a party, is limited by that kind of liability which the law has imposed upon Stage Contractors, Railroad Companies, Omnibus Pro prietors. and others, who convey passengers, for the loss of their baggage. The point then re solves itself into the enquiry— Eor what articles in a trunk, accompanying a traveller as baggage, is the carrier liable I The question is mooted in the books, whether such persons, as regards baggage accompanying travellers, are liable as common carriers, or as private persons engaging to carry for hire. If the former, they are liable as insurers against loss, except, when occasioned by the act of God and the public enemies ; and, if the latter, they are bound only to due and reasonable skill and dilligence in their under taking. It is, however, now well settled that they are liable for baggage as common carriers. Without other compensation than the fare for passengers, they are liable for their baggage as common carriers are liable for goods delivered to them for transportation—that is, they are liable for bag gage, at all events, except when destroyed by the act ot God, or inevitable accident, and the public enemies. [Brooks vs. Pickwick, 4 Bing. 218, 222; Christie vs. Griggs, 2 Camp. R. 86; Allen vs. Sewall, 2 Wend. R. 327.341 ; S. C., 6 Wend., 335; Clark vs. Gray, 6 East. 504; 13 Wend. 611, 627, 628; 9 ibid, 85, 114 tq 119: 19 ibid, 234; 2 Kent’s Com. 600, 601, 4th edition ’; 1 Bell’s Com. 167. 468, 475, Bth edition ; Story on Bail, 511.] It remains, however, to enquire what is to be understood by baggage for which they are thus liable. And we are not guided in this enquiiy by adjudications which settle a definite rule of universal application. From their usual course of business, when they carry a passenger, a con tract is implied to carry also his baggage. They are presumed to be compensated in the fare sot his transportation, and 1 can very well believe, well compensated, because the amount of travel is greatly increased by the comfort and conveni ence of carrying baggage, and would be lessened if for his baggage a passenger was required to pay freight. It is curious to remark, as I do tn passant, that the law takes more care of a man’s baggage than it does of his life and limbs ; for the former, the carrier is liable as insurer against loss, except by the act of God and the public enemies ; for the safety of the latter, he is bound . r-niv to extraordinary care an<l diligence. But loreturn—to what filTOlfe "iiuuei the deiifflfflns* i tion of baggage does this implied contract ex . tend ? i Judge Story informs us that “by baggage we ; are to understand such articles of necessity, or personal convenience as are usually carried by passengers for their personal use. and not mer chandise or other valuables, although carried in the trunks of passengers, which are not designed for any such use but for other purposes, such as a sale, and the like.” [Story on Bail^§499.] In Orange county, Bank vs. Brown, Judge Nelson says, “a reasonable amount of baggage, by custom or the courtesy of the carrier, is con sidered as included in the fare for the person; but Courts ought not to permit this gratuity or custom to be abused, and under pretence of bag gage to include articles not within the sense or meaningofthe term, or within the object or in tent of the indulgence of the carrier, and thereby defraud him of his just compensation, and sub ject him to unknown and illimitable hazards.” [9 Wend. 115, 116.] I In Hawkins vs. Hoffman, Bronson, J. says, “an agreement to carry ordinary baggage may well be implied from the usual course of business; but the implication cannot be extended a single i step beyond such things as the traveller usually ’ has with him as part of his baggage. It is doubt less difficult to define with accuracy what shall be deemed baggage, within the mie of the Car- 1 riers liability. Ido not intend to say that the articles must be such as every man deems essen- 1 tial to his comfort, for some men may cairy nothing or very little with them when they ! travel, whilst others consult their convenience by carrying many things. Nor do I mean to say that the rule is confined to wearing apparel, brushes, razors, writing aparatus and the like, which most persons deem indispensable. If one 1 has books for his instruction or amusement by the way, or carries his gun and fishing tackle, they would undoubtedly fall within the term baggage, because they are usually carried as such. This is, I think, a good test for determining what things fall within the rnle.” [6. Hill, N. Y. R. 589, 590.1 It has been decided that under the term bag gage, merchandise, such as silks, and other fine articles, are not embraced; [25 Wend. 458 ] Nor large sums of money ;[9 Wend. 85. j Nor sam ples of merchandise ; [6 Hill’s N. Y. R. 586 ] A watch is embraced, according to the Ohio Courts; [lO Ohio R. 145.] So far as these rul ings go the doctrine may be considered as settled, and it must be considered as settled in all cases falling within the reason of those rulings.— When, however, all this is done the subject is disencumbered of but little of the difficulty which environs it Nor does the text ot Story, or the opinions of Judges Nelson and Bronson relieve it of embarrassment.—When we settle down with Judge Story upon the proposition, that by baggage is to be understood -‘such articles of ne cessity or personal convenience as are usually carried by passengers for their personal use,” we are still without a rule for determining what ar ticles are included in baggage- For such things as wotild be necessary i»oue man, would not be necessary to another—articles which would be held but ordinary conveniences by A., might be considered incumbrances by B. One man, from choice, or habit, or from educational incapacity to appreciate the comforts or conveniences of life, needs, perhaps, a portmanteau, a change of linen and an indifferent razor; whilst another, from habit, position and education, is unhappy without all the appliances of comfo r t which sur round him at home. The quantity and charac ter of baggage must depend very much upon the condition in life of the traveller—his calling—his habits—his tastes—the length or shortness of his journey, and whether he travels alone or with a family. If we agree farther with Judge Story, and say that the articles of necessity or of con venience must be such as are usually carried by travellers for their personal use, we are still at fault, because there is in no State of this Union, nor in any part of any one State, any settled usage as to the baggage which travellers carry with them fortheir personal use. The quantity and character of baggage found to accompany passengers are as various as are the countenances of the travellers. The negative part ol Judge Story’s definition, with more precision furnishes a rule protanto. Baggage, he says, does not em brace merchandise, or other valuables not de signed for personal use: but which are designed for other purnoses, such as a sale or the like. We may safely say that it does not embrace mer chandise or other articles which are intended to be sold. But it is not to be understood, I appre hend, that no article is embraced which may be classed with merchandize, or which is a valuable other than such as is usual for personal use. Re gard must be hud to the quantity and value of the articles. A trunk of laces, for example, al though light and small in bulk, clearly is exclu ded. Their value would exclude them. The risk imposed upon the carrier is not that con templated in the implied contract to carry Z>ag g«gr and to be responsible for it. The liability in such a case would be wholly disproportioned to the compensation which he is presumed to derive from the fare of passengers. Besides, it is a fraud upon him to subject him to so great a hazard without warning him of its existence. As to extra baggage, the proprietors of Railroads, Steamboats, Coaches, Omnibuses, &c., engaged in the business of carrying passengers, have the right to stipulate for compensation. So also in regard to goods and baggage which do not ac company the traveller or his agent; and if they hold themselves out to the public as persons ex- ercising a public employment, and as being ready to carry goods for hire for persons in general, a* to such goods and extra baggage they are com mon carriers, that is, they are liable for loss, ex cept where caused by the Ret of God and the public enemy. [Lovett vs. Hobbs, 2 Show, R. 128; 1 Salk 252; 2 Pick. 50; 2 Wend, 327; s. C. 6 Wend. 335; 9 Ibid. 85; 11 Pick. 45; Story on Bail, §500; 7 New Hampshire R. 137.] So all articles of a value disproportioned to the compensation received in the fare of the passen- • ger, and which must, on that account, subject the carrier to unreasonable hazard; and which are not presumed to be needed for personal use, either as a necessary or a convenience, I would suppose are in like manner excluded. At the same time I must say that the obligation of the carrier which is incidental to and implied from his con tract to carry persons for hire, as to baggage i* not limited absolutely to wearing apparel and other appliances of necessity, comfort or conveni ence, suitable to the tondition of each traveller, but may embrace other articles of limited value and ordinary bulk which he may think proper to take with him. If, however, it is apparent from all the circumstances—from the amount, nature, bulk and value of these artii les—that they are such as, according to the usual course of business' are transported as freight, or it it is manifest that they are intended for sale, then they are not to be viewed in the light of baggage. It is certain ly right too, that usuage however indeterminate, should be considered in ascertaining what is bag gage. This must be the usuage of the lime and of the carrier and his patrons. Nothing subject to the limitations before stated, should be exclu ded which have been usually considered in prac tice as baggage. These remarks are made, not as containing the judgement of the Court, which prescribe them as rules, but as my own obiter dic ta. Among other things, they are intended to demonstrate the utter impossibility of laying down any rule which can govern every case. And it is our judgement that no such rules can be prescribed, but that each case must be controll- . ed under the gene al principles which apply to' ' the class, by the facts and circumstances which j belong to it. The application of those princi- “ pies to each case being the duty of the Court, and the finding of the facts being the duty of Jury. Under these views we admit ih'iu i ot Mrs Dibble, to the . m.t.mls ol i :ie ti link p.iilir I u- <,■»■.•.oi 1 9 l.'T. - I ll.l'. <• UjdiSM . • l^ll. : ■;'•lelK t H A. f s 1 1 .- .1 ' , , ... ' ’ DAiA I .r i'ffl n—. jmS , • 'Mai'S - AivJk'TSi! if* .■ j/..ii.'ill'i- u'.' • ■ v, :,■.■■,. .. h! iWB Im,. ll.like- l' l.rCcsMll v!o <! Comt I .dial out the evi-h-nev braßM rfq. the trunk and its contents “were sui gmMMI not within the rule.” Now, although the tents of the trunk are various, yet some of are such articles as the defendants are bound make good, and therefore it was error not to mit them to be proved. It is not good law hold that a passenger cannot recover for loss baggage, for which defendants are liable, because ■ he had also in his trunk articles for which they ■ are not liable. The evidence must go to the Ju-B ry, and the extent ofthe recovery must be left : with them under the instructions of tho Court. , Let the judgement be reversed. i [jMjgru/MeiZ for the Baltimore Sun.] We Webster Obsequies in Boston. Boston. Nov. 30.—The funeral ceremonies in honor of the late Daniel Webster took place to day, and constituted the most splendid and im posing pageant ever witnessed in this city. Bu siness was entirely suspended, and almost all the public and private buildings throughout the line of the procesrion and elsewhere were draped in mourning. All the public offices were closed and decorated with festoons of crape. The ho tels, newspaper offices, &e., were also gorgeous ly decorated with appropriate emblems of grief. Flags were everywhere suspended at half mast, and minute guns fired. Vast numbers of stran gers were in attendance from all quarters,amount ing in the aggregate probably to 40,000 persons. The delegations from Salem,Cambridge,Charles town, Worchester, Roxbury and other adjacent cities were very large and imjiosing. The Legislature of New Hampshire, accom panied by Gen. Pierce, arrived early this morn ing and weie escorted to the State House. Gen. John S. Taylor acted as Chief Marshal. The procession commenced moving at 11 o’clock, and proceeded through a large number of streets to Faneuil Hall. It was of immense extent— every association and society in the city, as well as many from elsewhere, being represented.— The Mayor and Council, Gov. Boutwell and suite, together with the Legislature and Council of New Hampshire, the Judges of the different Courts and the members ot the Bar, Military, Firemen, &c.. were in the line of the procession. The escort to the funeral car—which was mag nificently decorated —was under the command of Brig. Gen. Sam). Andrews. Faneuil Hal) was most tastefully and appropriately decorated. The interior was lined with black cloth, extend ing over the whole length and breadth of the building. The drapery overethe ceiling was fastened at the centre piece with a silver star.— Healy’s magnificent painting of Webster occupied a prominent place, on each side of which was placed portraits of Washington and Faneuil, the JtMioc of tbe Mall. Over the wlvde the bei*ris of many gas lights, ensemble beautiful beyond description. When the funeral cortege had entered the Hall, the celebrated Germania orchestra played with magnificent effect Handel’s celebrated Dead March,” from the oratorio of “ Saul,” af ter which an impressive prayer was delivered by the Rev. Saul K. Lothorop. A funeral an them was then chaunted by the Handel and Hayden Society, the words of which were adapt ed to the occasion by the Hon George Lunt.— The Hon. George S. Hilliard, orator of the day ; then arose and pronounced a most chaste and eloquent eulogy upon the life, virtues and public services of the illustrious deceased, which was listened to with breathless attention and evident emotion by the largest audience ever assembled within the walls of Faneuil Hall, a very large proportion of whom were ladies. Upon the con clusion of this most affecting address, the vast audience were dismissed witi. •> benediction. The pageant, in all its detaio, was most ap- propriate and magnificent, and reflected infinite ‘> credit upon the committee ot arrangements. ' A large sized bust of Webster, which was ’ placed in an alcove in the front gallery, was re- • ’ garded as a model of good taste and produced a ' most admirable effect. ? Hon. Edward Everett, Secretary of State,and other eminent men who were invited, were un- ‘ able to attend, owing to the pressure of public 5 business. Hon. Franklin Pierce, President elect, at ’ tracted much attention, and seemed deeply af ' fected by the solemnity of the occasion. : The majority of the strangers who were in at ’ tendance left for their respective homes this eve ’ rung, but our hotels are still crowded with those ’ who remain. . . The Democratic Festivities at Washington. , Washington, Dec. Ist. i The Democratic Festivities last night were kept up until a late hour. The principal speak ; ers were Mayor Maurey, Senators Douglass,Wel ler and Brodhead ; Gen. Lane, Dr. Olds, Judge Brocchus, and others. Douglass made one of his best speeches and was warmly applauded. He > congratulated his fiends on the result of the elec- j r tion, and the harmony which prevailed. was sure every Democrat felt proud of the ing of their candidate before and since the - > tion. It promised well for his They had friends to reward and enemies ish, yet he would make removals in a justice and moderation with a view to good. Upon our foreign policy he length. He would like to see a decree i tii.it no European power was either to foijAl - . new Colony or extend an old American Continent. ,r jw war al out it. Emd.ind ■ ’'' 1 ,:i ■'■ p, sij'' V ■ : A J ’ "rij " r * < - „ eV-C-' ‘-J1 ■’ '?'?/.-'S 'i S ■> .1 .ii by ass. rtmg and niamtaimm , , , f apply lor annexation, she ought file same persons thought that should be willing to sell Cuba to any ■ Ab el on earth than the United State, we take he: any how. If that was would find a good many fillibusters in the cratic ranks. >7; Gen. Lane followed, and said that would have electoral votes to give in 1856, he pledged the State to the Democracy. Wr. Weller said he would take one step in vance of the Monroe doctrine; that whenever a 1 nation on this Continent was struggling for Re publican liberty and showed the ability to main tain it, he would secure it to them, not only by moral, but by'physical aid, As to removals from office, if he were President he would cut off the heads of all at once. He would not have this constant squealing amsng office holders. Letters were read from the Hon. James Bu chanan and Hon. Daniel S. Dickinson. The toasts were numerous and of a highly pro. gressive character. Portland, Dec. 1. Vote of Maine, — The Electors met to-day and cast 8 votes for Pierce and King. J. C. Talbot of Machias was apjiointed Messenger to Wash- ■ ington. Concord Dec. 1. Meeting of the Electors of New Hampshire.— The Electoral College of this State met to-day, and cast five votes for Pierce and King. John H. George was appointed messenger to Wash ington. Harrisuvrg, Dec. 1. Vote of Pennsylvania.— The Electoral College was in session all this afternoon and cast 27 votes for Pierce and King. Mr. Dowell of Cam bria, one of the Electors, was absent and Mr. O’Neil was appointed in his Gen. Pat terson was appointed Messenger to Washington. The College will meet again to-morrow. Albany, Dee Ist. Vote of New York.— The electors met to-day and cast thirty-five votes for Pierce and King. Jas. H. Sperrill was appointed Messenger to Washington.