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ICimttM**' * the Balti ' rnrf < Congress—2nd Session. Washington. Feb. 21, 1853. ’ SENATE. The Chair laid before the Senate a message ] from the President, in response to the resolution , calling for copies of the applications made by , British subjects for permission to fish in tne waters of the coast of Florida. 1 Al«o a communication from the Secretary ol . the Naw. transmitting the report ot the com- , missioned to examine the coal mines and coal fields of the western waters. Mr. Hunter urged the importance ot taking up , the army appropriation bill, in order to get it out ; of the way before the others reached the Sen- ate Mr. Walker moved to to take up the home- Messrs. Walker. Gwin, Borland and Rusk supported the motion. Mr. Bell said he was sorry the Senator trotn Texas should be in favor of giving any bill a precedence over the Pacific Railroad bill. Mr. Rusk —There is no Pacific Railroad bill. There w as one. but it is dead. Mr. 801 l said he would be glad to have some explanation ot the matter of its death. Mr. Rusk said it was killed on Saturday by the amendment of the Senator from Illinois, which was adopted by a majority of two .Mr. Shields replied, defending ris amendment. It was necessary for securing the construction ; of the road. It was intended to require the i money appropriation to be expended in the ter- | ritori.'s where land was worthless, and leaving : the land in the States where it was valuable to I construct the road therein. . ... Mr. Rusk rejoined, contending that the bill . was valueless with the amendment—under it no road c uld ever be constructed. 1 Mr. Douglas replied, showing that the road, both in States and Territories was one road. | The amendment did not reduce the appropria- ; tion of money or lands, but simply provided tor , the expenditure of the money in the ternto- Ties, it did not take away any portion ot the ; means appropriated by the bill, but regulated the expenditure of the money. Ihe amendment would enable many gentlemen to vote for t.ie bill who otherwise could not. No one who was a friend of the bill without the amendment could x object to voting for it with it. Mr. Pratt said he was in favor of the South ern route if this amendment were adopted, flint tou.p tie selected, for it would lea* f through I'exas. I'here being n<» public lands in I Texas, and no money being allowed to be used there, it could not be made through 1 exas. Mr. Douglas said the bill provided that if there . were no lands at any point on the road, the land might be taken elsewhere. Mr. Weller spoke in opposition to taking up > the homestead bill because he believed the Pa cific bill had yet vitality enough to carry a loco- ( motive at full speed to the Pacific. Mr. Bell took the same view. Messrs. Chase, Walker. Dodge of lowa. Borland and otheis ad vocated taking up the homestead; and Messrs. Bright, Buier and Mason the taking up the Tex as debt bill. The question was taken and the motion was rejected, and the homestead bill was not taken ; up—yens k'3. nays 33. The Pacific railroad bill was then taken up. Mr. Weller moved to reconsider the vote by , which Mr. Shields’ amendment was adopted on Saturday. Mr. Geyer opposed the reconsideration. I Me srs. Butler and Mason opposed the bid, ; and Mes rs. Gwin and Underwood and others supported the bill without the amendment. The debate continued till after four o'clock, when Mr. Shields’ amendment was rejected yeas 34 : nays 28. . Mr. Weller moved an amendment confining the money appropriated to the road in the terri- , tories—and it was agreed to—yeas 27 ; nays 26. [ Mr. Brooks moved a substitute for the whole I bin. and the Senate then adjourned. HOUSE OF REPRESENTATIVES. The House was occupied during the entire : dav in disposing ot the amendments which had been reported to the civil and diplomatic bill; - upon several ot which the yeas and nays were j taken, and decided in the affirmative- Among , which was an appropriation of §20,000 for the , support of the transient poor in the District ot Columbia; those for the custom houses at St. Louis. Cincinnati, Louisville and New Orleans, and a minister to Central America. The amendment voting 530,000 for heating, furnishing and repairing the Presidential man sion, was negatived—yeas 67, nays 105 ; as was also the section of the bill appropriating §200,- 000 for th-* purchase of Winders building lor public offices. In favor of striking out the sec tion : yeas 99, nays 92. The bill was tt en read a third time and pass ed. A motion to suspend the rules for the purpose of taking up the bill for the better regulation of the navy, was negatived; yeas 98, nays 84, not I two thirds voting. _ . ! The House then went into committee of the ; whole, and took up tne Indian bill, after which : it adjourned. Washington, Feb. 22. SENATE. Several Executive communications were re ceived of no special import. Mr. Hunter moved to take up the army ap propriation bill, when a long, uninteresting dis cussion took place regarding the priority of bust- , ness. The motion was finally lost. I Mr. Hamlin moved to take up the bill for tne j relief of indigent insane, which was lost by fit- ; teen to twenty-six. The joint resolution postponing tne operation | of the steamboat law of last session until the . Ist of June, was warmly debated, and passed. . Mr. Chase introduced a joint resolution au thorizing the President to purchase Powers statue of America, which was debated and j amended. The Pacific railroad bill was tnen taken up j again. , , • • " Mr. Seward moved to amend by authorizing a contract for fifty vears to carry the mails over the road within the States, for 3600 per mile.— Some time was spent in debate thereon, when Mr Hunter moved to Jay the bill on the table. This was lost—yeas 24; nays 30—after a long debate. . . was a strong disposition manifested to get rid of the bill, and in the meantime mem bers had begun to indulge in eulogies on the bill as a defunct affair. Finally, on motion of Mr. Badger, with the view of paying respect, as was said, to the de eeased fail . the Senate adjourned. HOUSE OF REPRESENTATIVES. The resolution requiring the binding o! cer- | tain maps was passed. j The House next resumed the bill establish- . ing reciprocal trade with the British North | American Colonies on certain conditions. Mr. Fuller, of Maine, opposed the bill. Mr. Tuck replied. The House then went into committee on the Indian appropriation bill. Mr. Johnson, of Arkansas, offered an amend ment appropriating §1,769,000 to pay the Creek nation for lands the government took from them. After debate, the committee rose, and the House adjourned. Washington, Feb. 24, 1853. SENATE. Mr. Davis reported a bill amendatory oi the act granting registers to yachts; which was considered and passed. The army appropriation hill was taken up. Mr. Chase, by the decision of the committee on roads and canals, moved to amend it by . viding for a reconuoissance and survey oi the . route for a railrod to the Pacific. This renewed the subject of a railroad to the Pacific, and it was debated for some time. Messrs. Mason, Hunter and Butler denounced that species of legislation which sought to make the appropriation bills the veh'de of all mat ters which a majority could not otherwise carry. Mr. Walker moved to amend the amendment by providing for the construction of a railroad to the Pacific, by granting alternate sections ot land to ac’ual settlers, »nd appropriating the others to the construction of the road, and granting in ad dition a sum of money. The Chair ruled the amendment of Mr. w al ker *o be out of order. Mr. Walker appealed from the decision of the Chair. The appeal was debated at great length, and the decision of the Chair was sustained yeas 40 nays 5. Mr. Walker modified his amendment so as to confine it to a grant of land to actual settlers for the alternate sections along the line of said road six miles on each side, and the others for the railroad, and the money appropriated to be used in the necessary survey. The Chair decided this to be in order. Mr. Chase appealed, and after a long debate the decision was sustained—yeas 25, nays 10. Mr. Charlton presented the credentials of the Hon. Robert Toombs, Senator elect from Geor gia for six years from March 4th, next. Mr. Adams then addressed the Senate in op position to the Homestead bill, and in favor ol ! graduating the price of the public lands. I The debale was continued by Messrs, (marl ton, Dodge and Butler. Before coming to a vote, tne subject was post poned, and the Senate proceeded to consider ex ecutive business. HOUSE OF REPRESENATJNES. Mr Townshend, of Ohio, concluded his re marks b v calling the attention of members to the irnpoi’ance of the navigation of the fit. Lawrence by which the lake vessels would be employed coastw ise and to foreign ports during the winter season. He moved to insert dried fruits” among the enumerated articles in the bill, which was agreed to. Mr. Stuart, of Michigan, ?n the absence of Mr. Seymour, who bad been away by i - ness in his family, said he was opposed to all the amendments which had beer) pro|»wd, as, un less the House had definite action to-day, the bill under the rules must lie over till I ues'lay ; end therefore he should move the previous ques lion forth* purpose of testing the ° House. The bill, he said, provided for tne set tlement of the finhety question, and the tree nav igation of the St Lawrence and the bt. John, and although it might not be satisfactory to Maine, yet there must be a compromise tor the purpose of obtaining a general benefit. After he had concluded, Mr. Clingman, of N. C., moved that the bill be laid on the table, but withdrew his motion : which was renewed by Mr. Orr, of S. C., and the motion was negatived —yeas 63; nays 110. The previous question was then put and sus tained—yeas 87; nays 34; but before the main question could be submitted—the morning hour having expired—on motion of Mr. Houston,of Ala., the House went into committee of the yriwle on the stat* of the Union, and proseeded with the Indian appropriation bill, which was finally passed. When the bill providing for the remuneration of the depositors ol public moneys came up. Mr. Gentry, of Tenn., moved an amend ment, having reference to the reduced amount paid clerks by the heads of departments which led to an irregular discussion from which it ap peared that a practice prevails of paying young men a portion of their salaries, and handing the | remainder to their impoverished parents. Mr. Gentry's motion was negatived, and th bills, as amended, for paying the ocean mail steamers, was ordered to be reported upon fa vorably to the House. The committee then rose, and the yeas and nays weie taken upon the amendment for pay ing the Shawnee Indians—which was agreed to; yeas 82, nays 78. Nothing further of importance occurred, and the House adjourned. Extract from Senator Butler's Speech, on the Pa cific Kailroad Project. Mr. Butler said: Mr. President, we are en gaged in the consideration of a bill of unusual importance, and it seems to be assumed, us I un derstand, that it is to be carried through this body and through the other House by the mo mentum of its own magnitude. I heard the Senator from Illinois [Mr. Douglas] yesterday with great interest. 1 listened to his instruc tive speech with great interest ; but I must confess that when he announced that this was an enterprise without a parallel in the history of the world, and that therefore we were to dis i regard all the lights of example, experience, , usage and precedent, 1 telt somewhat astonished : at the attitude in which the American Senate ' was likely to be placed, bv being forced to adopt i a foregone conclusion without the advantage ot ■ examination or the security of deliberation ; in i other words, to run all the hazards of a legislative ) experiment in reference to the greatest tuea- I sure of the kind the world has ever known—to l borrow the language of the Senator from Illinois, | “ a measure without a parallel. I The reason given by the friends of this bill [ why we should not have such lights before us ‘ as are usually consulted in such eases is, because ! this is a measure whose magnificence puts at i defiance everything that has preceded it, either jin the Congress of .the United States, or in any other deliberative laxly ol the world—a mea sure. the success of which must therefore de pend more upon the chances al blind fortune than the counsels of wisdom or lights of expe rience. Mr. President, I have been referred to more I than orfee, and 1 appreciate the compliment, as i one of the gentlemen who fmight have some J constitutional difficulties in relation to this mea l-sure. I shall not indulge in a homily upon the , constitution. No. sir, I shall go directly to the ‘ merits of this bill; for, independent of all my I constitutional obligations, 1 shall be bound to I oppose it on other grounds, such as have no • doubt been well indicated by several other gentlemen. Then, sir. 1 come directly to the question, What is the bill? It is the boniest proposition that has ever been brought before this legislature for a system of internal im provements. I give my friend from lexas [Mr. Rusk] credit for his intrepidity. I say it is the most undisguised proposition which has ever been brought before the Congress ol the : United States looking to a system of internal ; improvements. What, then, are the provisions lof the bill? Let me analyze them. The bill proposes to construct a road from the i Mississippi valley to some point on the Pacific ocean ; and how ? The President, as I under | stand it, is to indicate the termini at the Mis j sissi ppi and the Pacific, and also some ot.the mountain passes through which the road is to go; and then he is to employ engineers to fill up the intermediate space by reconnoissances, or to make such examinations as may be satisfac tory to him. What next’ After the President shall have performed this function of saying l where this great channel of commerce shall run ■ —of having imposed upon him powers so ex- ■ traordinary, and such as, in my opinion do not ' belong to the executive branch of the govern ; ment, or ever was before conferred upon any I American President—we are required to divest ourselves of all legislative jurisdiction and con | trol over a measure involving the abiding des ; tinies of this confederacy, and perhaps of the i world. : It is to be taken from the sphere of our legis lative judgment, and to be transferred to the ex clusive will and discretion ot the Executive—a proposition heretofore entirely unknown in the history of federal legislation. It is, Mr. Presi dent, in my opinion, a precedent oi fearful im port. , So much as to the mode of locating the road. Now as to the means and agencies to be employed for its accomplishment. They, in my opinion, as I shall show, are equally unprecedented, dan gerous and unwise. What are they? Why sir, §20,000,000 are to be supplied directly from the treasury, to be paid out under the terms and con ditions of the bill, which, in practice, would be mere parchment provisions, to be dispensed with, if need be. by an appeal to legislative liberality. Besides this amount, small as it is in comparison with what it will be in the p ogress ofthe woik, i we are to give alternate sections of public land, equal in amount to about twenty millions of acres, and much more, as many believe. Thus we shall have contributed, at the very com mencement of the enterprise, means equivalent to 350.000.000 to 360 000,000, and this is but a small index of what may be the future de mands upon the treasury, under the auspices and favorable indulgence of an interested ma- I jority. I The next question is, what agencies are to be j employed in the enjoyment, direction, and ap ; propriation of these funds ? i Why, it is to be a corporation, to be invested | with a franchise that maybe of immense value, j and certainly, in its exercise, will be one of : great power. It is to be a body corporate that ! may wield the influence of enormous wealth, ■ and to acquire a title to a tract of country that I may be regarded as an isthmus through the great | West to the Pacific ocean, and thus to unite un der the influence of capital two of the greatest [ sections of this vast continent, having the ele ments to increase and perpetuate its own pow er. It will wield the fover of modern times— money, money'—and, like the East India Com pany, in the exercise of its immense monopoly of pecuniary power, may take itself the attri butes of sovereignty. What security have we in the future against such a result ? This corpora tion will have every temptation and induce ment to comply with all the conditions of its ■ charter, to enable it to assume the imposing condition which its wealth and political influ ence may give it, to become as imperium tn imperia.” But it is contended by the friends of the bill that, by its provisions it is subject to forfeiture fora non-compliance with the terms I and conditions of the grant. Depend upon it, i Mr. President, there will be no forfeiture if the franchise should prove successful and profitable, and it is evident that 350,000.000 will be first I expended before 'any contingency for a charity ' can arise. After that, the corporation will still be under legislative favor, if they have acted in good faith. Recent precedents go strongly to show the facility with which Congress will bestow bounties to indemnify capitalists for any losses they have sustained or may sustain. Yes, Mr. President, I have long seen that the federal treasury has become an insurance office, 11 to af ford indemnity for the past and security for the future.” In the event of the enterprise be coming wholly worthless, there will be no oc casion for any forfeiture, for the corporators would then be wiling to throw the enterprise upon the government, to be carried on to com pletion by the contribution of unforeseen sums from the federal treasury, for which they, or new swarms of speculators, would be applicants So that with a bonus of 350,000,000 or 860,- 000,000, or perhaps more, this charter company may embark in this undertaking with more confidence of advantage than of hazard to them selves. They will begin with contributions of the government, and may well rely upon its guarantees in their future operations. Since I have been referred to aa one that may have constitutional objections to this measure, I will present, byway of illustration, a proposition involving the same principles of this bill which many of the gentleman now advocating it have condemned as opposed to party creed, upon the ground that it was subject to the same objections which I might well urge to it now. Suppose the proposition once made to construct a federal road from Buffalo to this city, and hence on to New Orleans, were now to be revived: what would gentleman say? Why, that it was oppos ed to the constitutional doctrines laid down in the Baltimore platform. Or, to make the propo sition more germane to this matter, suppose the scheme was to be to extend the construction of this road from the valley of the Mississippi to the Atlantic. Gentlemen would then take party alarm and cry out that this savors of a general system of internal improvement, and violates the cardinal doctrines of the democratic creed. In principle the cases supposed cannot be distin- ■ guisbed from the measure under consideration, for this bill proposes to make a railroad to itin through two or more of the States west of the Mississippi by the direct appropriation of money from the federal treasury. The other cases referred to would propose to I run a road of a similar kind through two or more States lying east of the same river, having an Atlantic instead of a Pacific termination. The difference, then, between these systems of in ternal improvement is simply the difference be tween the words Atlantic and Pacific, unless the difference can be qualified by the fact that part of the Pacific road runs over the territory, and that a desert belonging to ail the United States —a distinction that cannot avail gentlemen, un less they are prepared to give up conviction or party professions to the force of interest and the temptations of sectional aggrandizement; to this complexion it must coma at last. I hey cannot even lay the flattering unction to their souls, which seems to have sustained Mr. Jeff rs.,:i in hig disregard ofthe constitution by the purchase of Louisiana upon the broad doctrine of State ne cessity. Suck a doctrine might afford a place of refuge fora virtuous and wise magistrate, act ing under the duress of necessity, whilst it might become a dangerous hiding place for selfish ex pediency or criminal ambition. Gentlemen do not pretend to plead this necessity—indeed they cannot - fora communication with California can be now had within thirty days by the ocean and Panama route. And when a railroad shall be completed at some one of the many points in contemplation across the Isthmus, it is very doubtful whether this one will have any advan tage over it. Ina commercial point ol view, it is a common opinion that there will be none. These natural facilities of communication seem to have been pointed out by the finger of God, whilst this road, to be indicated without recon noiissance or survey, will be the work oi a guess ing man. Now, Mr. President, let gentlemen look at it. Is not this measure of internal improvements, to be constiucted by the direction and the means ol j the federal government—not by the direction of | the federal government, in its full meaning, but bv one of its departments—the Executive ‘ It is but an illustration of many of the lessons of history that doctrine and principle melt and crumble under the temptations of interest. — Creeds and party platforms are but: as barriers of sand against the tide of power and the force of local combinations. Allow mo to say. sir, that if we are to have a system ol infernal improvements to be commenc ed now in disregard of all of our party profes sions, I greatly prefer that it shall be devised by the Congress of the United States, looking to the general welfare and commercial regulation ol all the States of the confederacy, than to such a partial system of improvements and commercial regulation as has in many instances been com m?tted to several ofthe States. Here, sir. I al lude to the donation of public land to several ol the western and north-western States, lor the construction of railroads and cutting ot canals, j The mere donation ol such lands as gratuities would be objectionable as a partial inode of dis posing of the public domain. But that is not my main objection to this policy. My ob jection is, it allows to the States receiving such donations to make selfish regulations ot com merce. not only lor their own benefit, but such as may operate to the prejudice ot other States. To illustrate: I might be willing to put a staff into the bands of another, but when 1 know he is to use it against me it becomes my duty to look to self protection. A single State, or one or two States, acting in combination, under the influence ot local and sectional interest,might yield to the temptation ot making adversary diversions oi commerce. For instance, the lake States, to make communica i tion through the lakes, to the great sea-ports on I the north Atlantic, whilst Congress, reprsenting | all the States, would have every inducement to i make commercial regulation to suubserve the in i terest and preserve the equality ot all the parts. ! I do not admit, however, that no such regula- I tions ot commerce by Congress, that 1 could ex i pect equality in the appropriations ot money for ' such purposes. All that 1 mean to say is, that I a general system of internal improvements, em ; anating from the common council ol the confed | eracy, would be preferable to partial anddisjoint ' ed regulations of a tew ot the States frequently having inducements to make their channels oi commerce adveisary to others. Mr. President, we are standing on the thresh hold of an eventful future. We are about to em bark upon a system that will destroy all others, and will -increase the tendency ot this govern ment, once a confederacy ot republican States, )o becoinn n consolidated empire. We are depart ing from old landmarks, and entering upon a boundless wilderness of unknown powers, with out chart or compass. We are committing our destinies to the discretion of irresponsible legisla i tion, instead of allowing it to be controlled and protected by the obligations and guarantees ot a > written ami once respected constitution. i I fear, Mr. President, we are approaching a > period in the history of this government when I we shall have to escape from abuses and dangers : by revolution, instead of resorting to reform un- i derthe dictates ot justice ami the prescription of acknowledged forms of government. Butin all j this I know, sir, I have not the sympathy, much . less the support, of the majority of this body. I | shall spare it, however, the task ot listening to i any discussion ot my constitutional opinions on j this great and often considered subject. I acquit I myself to the country by referring them to the ! opinions of the greatest statesmen who have ! adorned the republican school of politics in this i country. Il the opinions of Jefferson, Madison, ' Tazewell, Crawford. Randolph, Hayne, Rowan, j and other distinguished democratic republicans, | are to be disregarded, mine may not be expected j to have any weight upon your deliberations. No, i Mr. President, I have lived too long, and seen | too much ofthe predeterminations upon subjects ■ of this kind, to enter upon discussions that are ! regarded as the stale notions ot our ancestors, un- I der the tide of what is called progressive de- mocracy. ! Yessir, I have seen enough to convince me I that the machinery of this government in its ac- I trial operation is stronger than the constitution. ; The law of progress has superseded the law ot the ] constitution. I was reminded by a friend, no ■ longer than last night, ofthe futility of resisting j what is called the progressive tendency of the j age. I was asked the question, will you continue to think with your ancestors ? I will give the ' same reply to you that I gave to him : That I am willing to obey the law of progress ; for we would not fulfill the laws of Providence if we were to oppose it. But to conform to tnat law, I as 1 would have it observed, it must be regulated ; by wisdom, freedom, and justice; otherwise it ' becomes rash, inconsiderate, and aggressive, run ning into the doctrine that "might makes right.” Under the influence of this law, as I have heard it so often interpreted upon this floor, conserva tive restraint and guidance are looked upon as stupid impediments, restraining the wisdom and suppressing the genius ot Young America. In looking at all Nature, I find there are salu tary vetoes upon the unrestrained energies and impulses of progress. No nation or great people ever attained the security' ot greatness by a dis regard of these wise lessons, and a diregard of the n, even in our own history, characterized as < it is by such wonderful developments, would be ; like Apollo giving up to Phieton the reins of the horses ofthe Sun. It is a law to be conducted very much as the concerns of society are, under the impulsive energy of youth and the restrain ing wisdom of age. I once heard my venerable preceptor, Dr. Maxey, when I was a young man, preach a ser | mon that struck me with great force. The oc casion was upon the death ol a young man, re -1 markable for hiaxenergy, gallantry, and • v «*r quality calculateiTto address itself to the favora ble consideration of young men. In that address, : he said it was well for man to die, for it the great machinery' of this life were committed to old age j alone, with all its timid wisdom, society would become stagnant, and the impulsive motive power of y’outh was necessary to carry on the great concerns of society. es, sir, one is just as necessary as the other; and he remarked, that if you were to commit the whole concerns of the world to youthful energy, without the restraints and the controlling wisdom of age, you would make a great mistake that would almost, be a : profane opposition to the laws of the universe, as regulated by the wisdom of Deity. Shall we trust this law of progress to the judg ment—J would rather say the decision—ot an ■ unrestrained majority, having no other control than the wisdom of its discretion and the policy of progression.’ Those who are for trusting alone to the impulsive energy of progress may sow the seeds of the storm and reap the whirl wind. I have not more caution than most men; but surely I maybe permitted at least to appeal to the conservative principles and. spirit oi the constitution, even when its provisions have been ! disregarded, to save us from the dangers of accel i eration and the consequences ol transgression, j And now, so far from my suffering the consti- > tution ofthe U. States to restrain this great law of progress, I say that it ought to have been con sulted, and its expansibility ought to have been tested, in order to embrace everything that would ' accommodate it to this law of progress. Sir, the ! constitution within itsslf contains the very ele ment of self existence —that of amendment. I Have you amended it? Have you not practical ' ly disregarded that provision which allowed the | constitution to expand with the progress of events 1 Let this be answered; there stands j the constitution, a dead letter in many respects —I will not say in all. You have not expanded ! it by the wise interposition of the legislature, al- I : lowed by the instrument itself to amend it ac- i j cording to the exigences of the change of human affairs. But what have you done? I intend to speak boldly, and freely, and fearlessly before i the Senate upon that subject. If I had the elo | cpienco cf Cicero, 1 could but pay a decent tri : bute to the memory of the constitution ; but I ! could not restore it no more than he could restore j the life and virtue of the Roman Senate, over ! which he wept in such strains of eloquence as ; have survived Rome itself, and given immortali- I ty to the violated institutions of the Common wealth as it existed in the days of its primitive purity and simplicity, and before they were tar nished by Augustan casuistry ot imperial pollu tion. The constitution has not been amended and expanded to accommodate itself to the progress of events. But what has been resorted to to I supply that wise provision? Deceptive con struction—a construction, like India rubber, that accommodates itself to the interests of those who choose to avail themselves of the constitu tion when an advantage is to be gained by any measure—compromises where there is no provis ion of the constitution ; I say deceptive compro mises, to be violated whenever there is a temp tation to do so r and platforms deceptive, falla-' cious platforms, to whip parties in and keep them in harness, and scarcely for any other purpose. These are the miserable expedients that have been resorted to to supply the place of amend ments to the constitution. If I am to be re proached because I appeal to the spirit of that sacred instrument, allow me to say that I have been doing more to preserve this Union, and the integrity ol the institutions ol this confederacy, than those who blindly obey the aggressive spir it of progress. Progress, left entirely to legisla tive discretion, is a law without limit or certain direction, and must vary according to the fluctu ation of times and the temptations of men. It is as easy to obey it as to float with the current, but would be as unwise as to follow that current without knowing over what cataracts it may fall. It would be like committing the vessel to the wind without tudder or compass. To make it safe in a political point of view, it “ must have a right direction, and be kept within constitu tional limits.” So much upon that general subject; and I say now, without going into the constitutional dis cussion, that this bill, in principle, if it be cor rect, allows you to appropriate money to any extent for a system of internal improvements anywhere and everywhere. Gentlemen can not get over that proposition. I repeat it, so that they may understand it. It is to appropri ate money from thu federal treasury for a sys tem of internal improvements. To be sure, this is an internal improvement through Texas or lowa, or Arkansas, and California. But it you can go through one State, you can go through ten; and if you can appropriate $20,000,000 you can appropriate $500,000,000. If the prin ciple of this bill be admitted, there is no limit at all to the system of measures that can be ac complished by the appropriation of money by this government. In doctrine, it is but a pre lude to other measures of the same kind, such as the establishment of an Agricultural Bureau and a National University, both of which have been made the subject of public meetings and popular declamation. Having made these general observations, I come now to the specific provisions of this bill, and! intend to deal with it with gloves off. I say it is premature, undigested and experiment al ; and I think neither of these three proposi- I lions can be very well denied. It is premature, because we do not know where the read is to | run. It is undigested, because we havi had no survey, no reconnoissances, no means of intelli gence to enlighten our legislative judgment. I know it is very convenient to transfer alegisla five judgment to executive conscience- jj u t I say we have nothing to guide our Jegisltive judgment. Have we any survey to enable us to say where the road hall run ; how high this or that mountain is hich has to be passed ? I heard an able engines no longer ago than last week, say that the j- e at difficulty in this enterprise was the want olwa ter along the route from which to make stem ; and he said that unless Ericsson’s discover of caloric, as a motive power, could be btoiigj; in to requisition, it would be a doubtful prposi tion to undertake to carry a steam car froi the valley of the Mississippi to the Pacific jean, and for a very good reason. This is one if the difficulties that may exist. Ido not say hat it will exist, because I have heard it said ji a t if you will give an engineer money enoijh he will go anywhere. If you were to give m en gineer money enough,! do not know but hat he would find some way ol getting over fi e At lantic ocean itself. Give engineers money enough, and I know they may go oer any route which may be indicated by the PrsiJent. But when we, within our sphere of lejelative judgment, have option to say which of bur or five routes is the nest, are we to be depjyed of that opportunity ? Now, suppose threl corps of engineers should be inquired to survy this route, and come in, and not leave it to Ayjec ture, but demonstrate that there would* wa ter upon one route, and that upon it tie road could be built for half the money that itfoould cost by the other routes, should 1 not gave a right to make a choice? Am Ito tranfer my legislative judgment upon this subject to |e Ex ecutive? Am Ito avoid the responsibiliy, and throw upon him a duty with which, £ my opinion, the constitution of the UiritifStates never intended to invest him ? It is, therefore, premature, because y e have not this survey and this intelligence j guide us. It is undigested, I undertake to siy, with due deference to gentlemen, becausejts pro visions are conflicting in many partiefars. It resorts to agencies, which it seems fotnc, not withstanding my deference lor the kilorable senator from Massachusetts, [Mr. I must say to him have heretofore beengnknown in the management of the federal go'emment. 1 know that he said there was no mje objec tion to employing a corporation to the plans and policy of the federal than there was to carry out tj I icy* te governments. It gentlelWn'of the Ki-uikiean' school have a mind to break down /I t‘a> old defences, and say that the federal government ; has the plentitude of sovereignty tfel the States j have, then he is entirely right. But it _we act under delegated powers, they are Inalienable, I according to any doctrine of trust, aid we have j not the right to transfer them to a'.ybody, but ’ must discharge them ourselves. Again : I have said that this S an experi ment. How do I know that tbs road can be built? I know and believe that perhaps it can be; but have I such satisfactoryinformation as would authorize me to go on am lay out a road in the way prescribed by this bii, when I have an option to have a better wiy ? If it is de monstrated that I can have a letter route, will ; you deprive me of the oppor'mity of selecting it ! What has taken place lere? There have been three bills presented—<xe by the honora > ble Senator from California, [Mr. Gwin,] who I has delievered a speech uion it, which I do j not intend again to compiment; another bill was proposed by the hoiorable senator from I Illinois, [Mr. Douglas,] aid the one n itpend : ing has been reported bythe honorable Senator from Texas, [Mr. Rusk.] The second bill is said I to be better than the first and the third better 1 than the second; perhapsa fourth may be intro- I duced to-morrow better than all. But it is said that we are not to wait to have one better than ■ this—that we must aval ourselves of the temp tations of opportunity; and if we do r.ot coma and make the experinwnt by a trial of this bill, i we can have no measure —that is, in other words, | we cannot wait ten rronths for a great enterprise of this kind. I say ten months because I sup i pose until the next meeting of Congress there I will be no great difficulty in getting to Califor ; nia over land through the different routes, or by water ; and I doubt very much whether the route j by water is not better than the one by land. ! There is no great necessity that this question should be pressed just at this time. Because it , is of such immense magnitude, are we to forego ; the opportunity of making the ordinary investi , gations which regulate prudent men, in the i management of their own concerns? I know, j sir, that zeal has some times its delusions as well ; as its salutary effects ; but in the zeal which some I of these gentlemen have manifested, I am very much disposed to think that they overhok the grever counsels, the surer pud wiser dfttdres of } prudence and wisdom. I have s» great'deal of confidence in their suggestions oi time and ex i perience, and I have some toleraile reliance up j on the lights of science ; but all ttose are to be disregarded, and this experiment :s to be made. I say therefore, that this measure is premature, ! undigested, and experimental. ; The next objection which I urge to it is this: j what right have we to transfer to the President j the power of deciding between the different j routes ? I live in the State of South Carolina, upon the southern Atlantic seabord: and though this road may not confer and immediate advan tage to that section of country, I must be per mitted to say that I have a great interest in the location of it. The southern Atlantic States I have a d->ep interest to know white shall be its termini, and I want to have a S7 ce upon it when the dilfer.-ut plana shall be gyc^jh - Imre for ftectsion. t have no idea of partrje with that power. I have no idea of giving th K President authority to regulate commerce by making a road wherever he may think proper. lam not willing to give to the President the irrevocable power of fixing the route for a great channel of commerce and a highway for the transportation of passengers or a military road, as you may think proper to regard it, anywhere upon the Missippi, jrom its source to its mouth, to any where on the Pacific. This is the greatest margin of executive pow er that has ever been allowed upon any paper project. It may be said that he will exercise it well, because he will be President of the United States. Ido not say it individiously; but I must say that the Senate has not been free from the operations of the capitalists—not that gen tlemen have suffered their ears to be polluted by anything like a direct proposition to sway their judgments ; but capitalists have influenced pub lic opinion, and capitalists have made their way to the legislature ofthe country, and capitalists have influenced the judgment ofthe legislature. The President of the United States, virtuous as I know him to be, cannot see, cannot guard against the avenues of capital. Sir, the inva sions of capital are irresistible. Capitalists are not going to advertise you when they want you to vote for this or that project in which their inter ests are involved f- r this reason : They are men of talent, and they employ men of talent, and the avenues to the President’s judgment on this subject will be the legion. I have seen execu tive officers attempt to guard themselves against undue influences in the application of the power of pardon, but they could not do it. And if this i measure is carried into effect you will subject the President to influences to which no one hu- j j man being ought to be subjected. You subject i him to all the fair and to all sinister influences I of talent and capital; and, what is more, you re- I quire the President, blindfolded to take the state- I ment of engineers and scientific men who may jbe under the influence of the capital. Could we guard against it? Ido not know that we could; , but there is something very wise in the.ifotincts of interest; and perhaps after different proposi tions shall have been brought before this body, each one of us may elicit something, or make satisfactory explanations, so as to bring the truth to bear. Further more, if I were to consult the dictates cf prudence on this subject, I would have three separate independent corps of engineers, who should be bound, if possible, by an oath not to confer with each other, to have separate sur veys; and if they should concur, there would be some assurance that the route they recommend ed might be practicable, and such as wouljl.com mend itself for adoption ; and if they differed, they might give us the reasons for their differ ence and we could decide for ourselves. There fore I oppose th s measure on the broad ground that I have assumed, and I oppose it upon the ground that it is enlarging executive power far beyond what I think a vigilant legislature should allow. I come now to the next objection. What is the agency to be employed to accomptoh his great enterprise? Why, we aretjlgijjMßMk itnprrinm in impel io, a them forty, or fifty, or sixty millions of dollars to commence enterprise; and what then 1 If the enterprise be prosperous, they enjoy all the profits, restrainable only by the consideration, that Congress, by one of the provisions ot this bill, a potential supervision to the extent—that “ Congress may, at all times regulate the tolls to be charged upon passengers and freights, so as with an economical management of said road, not to reduce the profits of said company below eight per cent.” According to this provision, Congress cannot reduce the tolls beyond a cer tain minimum, but may allow them to run up to any amount; and who is there here that sup poses for a moment that Congress will ever in terpose to reduce the profits of this corporation? With a profit of thirty or sixty per cent, and wielding an influence perhaps of hundreds of millions, the company can always fortify itself against congressional interference. So far from Congress ever interfering, either to forfeit this charter or to curtail the profits under it if the company goes into successful operation, I make the prediction it will noteven refuse to renew the charter when it expires. The com pany will have the elements of perpetuity.- Its own success will increase the duration of its existence. I know it is said that we can protect our selves and produce a forfeiture. As 1 have al ready stated, I have not the least idea that we shall resort to forfeiture. The corporation will go on with our money as long as it lasts. The first fifty miles will be finished from Memphis, or somewhere in the neighborhood. The com pany will get the rich land which lies there.— The company is entitled to take land six miles on each side of the road through the States and twelve miles on each side where it runs through the Territories, making a strip of twenty.four miles through the Territories. Mr. Rusk. They only got the alternate sec tions for twelve miles on each side. Mr. Butler. [ know that, but as soon as the company get the fust section they will soon take the other. Mr. Rusk. That is not in the bill, though. Mr. Butler. I was not going to allude to that but one thing that I wish to allude to is the phraseology of this bill. It is the most acco modating phraseology that I ever saw used. It allows the company to select land in alternate I Sections for certain distances on each side, and if that land should be occupied, or should not be fit for the purpose, where do you suppose they are to take it .’ Adjacent lands? No, sir, not adjacent, nor land within fifteen or twenty miles, as other companies have been restricted to; not in this State or that State, this Territory or that Territory, but at any point, or at any distance, too, that may be deemed by the company the nearest, leaving them to decide the question of distance. In this selection they have a wide margin of choice. They may even go to one hundred, two hundred, or, for might 1 know, one thousand miles to take up their lands; and I vciy greatly fear their determination of this matter of distance will depend in no small de cree upon the quality and value of the land. Mr. Rusk. They are to select those lands at the nearest point. Mr. Butler. But live hundred miles may be the nearest point where they can get good land ; and you may be sure they will select the best land they can find, and instead of selecting lands that are worth $1 25, they will take lands worth $lO an acre; and if they cannot get land along the line of the road, they may go offinto Oregon or California; mid I will answer for it, when they come to the nearest point to get it, they will find the nearest point to be just where they can find the richest oases. ] am not a merchant, and therefore I make ' the assertion with caution. If I were an un derwriter to-morrow, and this road were made now. as by volition, from the valley of the Mis sissippi to the Pacific, I would much sooner in sure goods to go round by water than to cross upon this land route, unless it should be built up with cities, and these rich lauds, so much spo ken of, should be found for the promising settle ments that seem to have excited the imagina tion of some of the gentlemen who have spoken upon the subject, and whose imagination have imparted an interest to those lands far beyond : their real value. All accounts of the engineers who have passed over them, concur in one com mon statement—that a large proportion of the lands over which this road must pass is a desert, and unfit for the habitation of man. Some por tion is said to be an arid, sterile, mountainous : range, without water, and without grass, resem bling more the description ot the Dead Sea, than 1 that given to it by the eloquent Senator from . Illinoss. All the richness they have, I fear, is what they have received from effusions of rheto ric—their poverty is the gilt of nature. 1 This road itself is, thus far very much indebt i ed for the favor it has received, to zeal and elo quence. They have poured out upon it the first ir l»qs ever received, and I trust the last, ' jK.jrwe have received better Information as to roe choice of routes and general practicability of : the whole scheme. Yes, Mr. President, 1 will : repeat, that thus fat parliamentary eloquence and conjectural estimates have superseded , all other agencies heretofore resorted to, for .the laying out and construction ot railroads. ■ They have superseded the surveys and maps of engineers. They have made conjecture better than facts; for it has been gravely said, it we 1 wait for a survey, the road will never be built, and thus we are required to commit ourselves by • way of experiment, as the surest way of involv ! ing us in this great enterprise. Are not such : questions as these, Mr. President, pertinent? Is there a sufficiency of water, on any of the routes I thus far brought to notice, to supply the steam ; for the propelling power of this road ? Some : j gentlemen have said, that if water would not be ■ ; found on the surface, it would be found by dig ‘ j ging into the earth. Another question : Have we 1 j any survey ofthe height ol the mountains? No, I | sir, we have not. But the broad ground is taken, j that with money enough, all these difficulties ■ j can be overcome. Yes, sir, the Federal Treasu- ry is to supply water, level down mountains, and I provide all the other agencies that be necessary ' for the construction of this great road. I wish ■ to be understood, Ido not take the ground, that I some road may not be practicable, for it has been 1 said, if yo i will give an engineer money he will go anywhere ; and, under the light of science. » which is now blazing out from so many sources, i Ido not know that there are any physical impos- > sibilities in the way of the genius of man. De : velopments are making that will even supersede ■ water or steam as motive agents. The facilities > of communication, from one part of the earth to the other, seem to keep pace with the demands ’ of man. ’ Here allow me to say one thing in reference to what fell from my honorable friend from Mass. 1 [Mr. Davis] yesterday, and he said it with a ‘ | philosophical turn of thought, that I admired at ’ j the time. He said that it seems, in the great ' ; providence of God, that the facility ot communi ! ; cation from one country to another has kept up ’ ‘ with the progress ot discovery. The ancients : thought the Pillar of Hurcules the ultima thule ' of the earth; but no sooner was the compass j discovered than Columbus found America; and : i scarcely had America been discovered, when the !. j means of establishing a communication between ' ; it and Europe were found. Scarcely had that ' ■ been effected, when the great power of steam, to which the honorable Senator alluded, came forth, ’ j and it may be reserved for another power to car- ■ i ry us over dry lands. It may be the discovery ' I of caloric, as a motive power, is one which will I enable us to fulfil that beautiful providence of \ God, that man shall not be a stranger to man, if : j be consults the great principles of science and 1 i truth. It may be that this motive power will ■ ; supply the wants of man. Isay it may be so; 1 but when we urge these things with too much ' : rapidity under the doctrine ol progress, let me ’ ; tell gentlemen that there is danger in the ter ’ j merity of acceleration. You have no right to ’ i anticipate for posterity what perhaps posterity ’ j rnay accomplish with the lights before it, when " ; it shall be properly called upon to act, and un ’ J dcsWlco vvilh an that may be " i rWrdeJ as somewhat presumptive, that you can s i doftetter than it can do for itself. For myself, ' I prefer trusting the ordinary method of getting ■ round to California in thirty days by steamship ‘ navigation for some time yet to come, than to 1 rush headlong into the field of wild experiment. And in any point of view, if my vote is to r have any influence over the measure, and I am ! forced to vote for one route or the other, I wish ’ to have some latitude in my choice. Ido not wish to be compelled to give a decision upon ' one route alone. I want light. I want the in : formation of scientific and practical men. With ! ; the light at present before me, I am not sure that ' : I would not select several routes in preference ! to this one. But upon that subject I do not com -1 j mit myself, and for a very obvious reason, that I ■ may not have the boldness other gentlemen have ' j exhibited of their readiness to leap in the dark. ' j My notions are illustrated by the familiar remark I made concerning children: “they should crawl ’ | before they walk.” This bill reverses that, and 1 j assumes that the child can run before it can I crawl. It is Young America, out and out. _ 1 ; I have seen in a book of heraldry, ambition, ; represented by a serpent crawling up a smooth | column of dangerous and difficult ascent, the ' I dangers increasing with the pro;gressof the ascent . i and with these significant words issuing from its | mouth ; “ Sat cilo si sat tuto.” This is applica | file to more passions than ambition, and incul- ■ i cates a lesson of wisdom and caution. j There is another provision of this bill to j which I wish to draw the attention ofthe Sen- 1 j ate and the country, and that is the eleventh j section. It assumes that Congress not only has j jurisdiction over the subject of internal improve- i 1 j rnents, by the specific provisions of any particu- I I Jar law but an authority to restrict States and . f Companies from the right of making railroads, | • except in subordination to its authority. For | fear I may do injustice, I will here insert the section itself: j “Sec. 11. Jlnd be it further enacted, That I Congress may, at any time hereafter, authorize I I individuals, companies, or States, to form a con- I nection between said railroad and any railroad | or railroads under their control, respectively,” I &c. This making a State tributary to, or depend- j ent upon a corporat ion, of Federal creation, is a ; blow upon the rights of the sovereign States of j this Union, to which I shall never give my | sent, and in my opinion, that alone is cause ; enough to seal the fate ol this bill. I I have thus intimated some of my objections ; to the amendment introduced by the honorable Senator from Texas. I may be asked what course I would recommend in relation to the great policy. lam under no responsibility to •give any opinion beyond the subject before us, and the specific one on which I might be re quired to cast my vote. The first question, then, occurs on the amendment offered by the honorable Senator from Pennsylvania, looking to the information to be acquired from a survey and a reconnoissance, before any route shall bo selected. I think it competent for Congress to seek this information, and as it seems to be as- Sfißift-od that sooner or later a road must be con- j structed, I think it, therefore, wise and proper j that we should have all the information on the ; subject. Besides in another point ot view, it j may be necessary as one of the means of, fulfil- i ling our obligations under the treaty with Mexi co, that we should have a military road through the territory lying between Texas and Califor nia. Whether that will be necessary or not. will depend very much upon the information to be gathered by the survey contemplated in the amendment of the Senator from Pennsylvania. And what may be the kind of such a road must depend upon the same information. If in good faith, a road for military purposes, looking to an actual state of war for its employment, 1 could well justify myself in that view of the subject, to vote for any road to subserve the ends con templated; and whether a railroad or any other kind of road, would depend more upon the pur poses in view than upon anything else. I now speak of a road running through the Territories ofthe United States: and if such an one should be a highway for passengers or a channel for commerce, there would be no objection to it, be cause it may be used for more purposes than one. According to the views of the honorable Senator from Illinois, no military road, such as the one proposed in this bill, will ever be necessary in times of peace; and whether I can regard it as a military road, for war, must depend upon infor mation and a conjuncture of affairs which has not yet been presented to my rnind. But the fact cannot be disguised, and ought not to be, that this road is intended to open a commercial communication between California and the Mississippi river. It is a road for the benefit of some of the States of this Confederacy, and by money to be contributed, and by a char ter to be conferred, under the Federal Govern ment. It may be that if we have full informa tion, such as might be procured under the amend ment of the Senator from Pennsylvania, no such road as the one proposed here would ever be built, or one ofa very different character, and liable to fewer objections. This survey might be regarded as no more than an exploration, which is fully warranted by precedents. Mr. President, I have thus in a cursory man ner thrown out my views, both upon the meas ure itself and many of the topics that have been brought under the discussion in connection with it. I have appealed to the spirit of the Consti tution of our forefathers. I have referred to the authority ol great names. I have intimated the dangers of disregarding the provisions of the written Constitution. I have intimated the necessity of some amendment of it, with a view to acornmodate it to the progress of events and tne deyleopments of the age. The worst of despotisms would be an irresponsible Demo c.acy, left without restraint to consult the temp tations of interest, or to be influenced by the excitement of passion. Some one has quaintly said that constitutions and laws are deliberate ly made by the few when sober, to restrain the madness of the many when intoxicated.” Re publics may become as tyrannical, under an un restrained majority, as any other form of gov inent can be. Os all despotisms, there is noth ing so dangerous as the dominion of an inter ested inajm ity. ft is said of the Roman people, that they left themselves more disposed to in dulge their freedom, because they knew they would be restrained by the veto of their tri b tines. Now, sir, what do I behold? This Govern j mi ni, once simple in its administration, and comparatively confined in its operation, throw ing away all the restraints and disregarding ail the limitations which gave it a proper direction and coi fined it within its proper sphere—is about becoming, in my opinion, a Governmet of legis ati ve discretion ; to become an agency to col lect the people’s money to be distributed for any purpose that may be effi-cted by the mere ap propriation of money; and I fear, in additon, 1 may say that the President’s veto can afford no security,and. that his election is to be looked to as a mere prize combat for office. With these convictions on my mind, I want some greater security for the regulation of commerce, under a system of internal improvements, than the fiat of a majority—l fear a tempted majority. If it were a new question, I would say as much. The great and paramount inducement for the formation ol the Federal Constitution was to regulate commerce, by reconciling the hostile and conflicting legislation of the States upon the same subject. The great object was to have uniform rulesand regulations applicable to all States. And even this power thus to be conferred was jealously regarded in the Conven tion by the representatives of the rural and agricultural inter, st of the country, and until very nearly the close of the Convention there was a clause in the Constitution requiring a vote of two-thirds to pass any measure regula ting commerce, and that, too,by declaratory laws merely, and not looking,as the history of the country and the debates of the Convention show to an appropriation of money for that purpose. The proposition to regulate commerce by dig ging canals or building road, was made and ex pressly rejected in the Convention. If the vote of two-thirds, looking to the kind of regulation | I have referred to was required at that time, | with fewer adversary interests involved, how I much more necessary is it now, when prepon | derating interests have actually taken posses i session of the Government? They may be I subserved, but it will be at a dreadful cost, if I the Constitution has to be broken. : 1 tell gentlemen, with deep sincerity, that I I am, in reality, a better friend to the Constitu- I tion of this country, by opposing enlargements I of power, than those who resort to them for ■ temporary purposes. There is no danger so great as that which blinds us to the consequences of the future, and no right has any security unless it has the guarantee of protection. The last resort which an intelligent people should make is to revolution for the vindication of their rights, and the greatest danger of such a resort will be a disregard of the organic law of existence. When it shall be ascertained that this Confederacy,in the name of the Union, shall have survived the Constitution of its exis ; tence, it deserves to perish. Qtaral Jntdliijnifc. [ From the N. O. Picayune, 22d inst.\ Important from Tampico. ’ We have received files of El Comercio to the 9th inst. Thatofthe9th says: I “ From several sources we have learned that : during the last week Don Mariano Arista arrived i incognito at San Luis Potosi, and after staying I two days in that city. left tor Matamoros, where j he probably is at present. We do not doubt the : flight of his Excellency, for we are convinced i that his rule has been one of the worst we have ! seen, and the time having come for him to an : swer to the charges against him, he cannot have I even the excuse of good intentions for his con- I duct. * * * We conclude this notice ' affirming that Don Mariano Arista has descen : ded from the Presidency with abundant wealth i and the nation remains bankrupt.” [lf this report should prove to be truejwe may ! soon expect some new political movements on I the Rio Grande.— Eds. Pic.] The Tampico papers contain no other items of I interest. From The Rio Grande. By the arrival of the steamship Yacht, Capt. Lawless, we have received dates from Browns | ville of the 9th inst. ' I Col. Valentin Cruz has succeeded Gen. Avalos ' \ in command at Matamoras and of the military 1 throughout Tamaulipas. The change was ef ‘ fected mainly through the instrumentality of : Col. Quaintana,of Matamoros, who is said to have I conducted himself bravely during the late strug ' gle in that city between the revolutionises and j Arista’s troops, and humanely after its t. i.nina- I tion. ; After the success of Col. Quintana a;.d i.is I command, Gen. Avalos, taking alarm fron.' some I causqor other, lied across the river at night, and , took temporary quarters under the hospitality of theofneeis of our army in Fort Brown. But the I Matamormses, says the Flag, were prompt in convincing the General that it was not the man, but the principle they were contending for. A deputation from Matamoros waited upon him at his new quarters, and assured him there was no danger in person or property should he ; return to Matamoros. Under this assurance he : returned, remaining but a day on the American ! side. He took up his line of march from Saltillo, , having been furnished with an escort of above ■ a hundred men. Carvajal was last at or near Reynosa with i troops. There is enminty between him and Cruz, and he intended attacking the latter as he come down to the command of Matamoros, i Carvajal and his men, and the National Guards generally, are incensed at the massacre ofßodri guez at Tampico, and of one of Carvajal’s men ; by an officer of Cruz, at Las Cuevas. The Flag finds Carvajal’s sorrow for Rodriguez rather odd, ! since the latter was opposed to him. Cruz is sued a proclamation, giving twenty days from the 22d ult., for Carvajal and his followers to ' lay down their arms and unite in the plan of Guadalajara. [From the Charleston Courier, 25th inst.) Later from Havana and Key West.—Arrival ofthe Isabel. The U. S. mail steamship Isabel. Capt. H. Tit- I tie, arrived yesterday morning, from Havana via ■ Key West and Savannah. She left Havana on I the 22d inst. Among the passengers is G. Hamilton Jones, Esq., Private Secretary to the Hon. W. R. King, ; who is bearer of dispatches from our Consul at j Havana to Washington. We are gratified to | learn from Mr. Jones that the health ofthe Vice I President elect is much improved. He is at | present staying on the plantation of Mr. Jenks, ' four miles from Matanzas, that gentleman hav . ing politely tendered him the use of his house. Mr. Jones describes the place as being exceed- I ingly beautiful, and says that Mr. King seems | thoroughly to enjoy himself there. Mr. Jones | left Mr. King on the 21st instant, and appears j perfectly sanguine as to his speedy recovery. ■ The sugar house in Mr. King’s case, has proved ■ very efficacious, affording him almost instanta ' neous relief. Mr. King is accompanied by two ■ neices and two nephews. The telegraphic account published in the Cou i rier on Thursday, of the misunderstanding be i tween Mr. King and the Captain-General is 1 substantially correct. It is, however, definitely ; settled, although no interview took place between the parties. We learn from another passenger by the Isa bel that some excitement existed in Havana in consequence of the authorities having broken open the mails from Havana, which were placed on board the U. S. mail steam ship Empire City, Capt. Windle, for New-Orleans on the 19th inst., by the agents, Messrs. Drake & Co. The Empire City was advertised to sail 0.. that morn ing at seven o’clock, but prior to that hour was boarded by the Chief of Police, two Commis sioners and three Police officers, who proceeded to open the Havana letters, detaining thereby ■ the steamer until half past eight o’clock—one I hour and a half. The following morning the U. : S. mail steam ship Crescent City, Capt. Baxter, l just as she was about proceeding to New-York, I was similarly treated, and detained one hour and a quarter. it is said that the authorities have adopted this course in order, if possible, to discover what Creoles in the Island are engaged in correspon dence with the Fillibusters ofthe United States. On the 21st inst., however, the U. S. Consul at Havana, Judge Sharkey, addressed a communi cation to the Captain-General, protesting, it is said, in energetic terms against the right ofthe Cuban authorities to search any U. S. mail steam ship. Our informant further states that he be lieves no response had been received by our Con sul, prior to the departure of the Isabel. The Isabel, however, was permitted to leave Port without undergoing any examination ; the com munication therefore, of our Consul, seems to have had a desirable effect. E. K. Collins, Esq., the enterprising projector ’ of the Collins’ Line of Liverpool Steam Ships, 1 also arrived from Havana in the Isabel. [Correspondence of the Savannah Courier.] McDonald, Wilkinson Co., Ga. | February 23, 1852. j 1 S. T. Chapman, Esq.—On last Thursday ( evening Mr. William J. Holmes, of Hamilton I county, Florida, was murdered by a man by ( the name of James Hall. Gentlemen, from that 1 section are here in pursuit of the murderer and 1 wish the matter to be published, and Hall ap- i prehended. lam told that there is a large re ward offered for his arrest, but 1 do not know how much—l reckon not less than SSOO. Mr. > Holmes was a gentleman of high respectability and Hall a vagabond. Hall is a man about forty-live years old, light complexion, light hair f rather red—blue eyes and deep set—remarka- * bly bump-shouldered, and bis head thrown back —will weigh about 115 lbs, and was riding 1 a chesnut sorrel horse when he left. He is f said to be quick spoken and as cunning as a s lox. , Philadelphia, Feb. 21. j Mr. Meagher tn Philadelphia.— Mr. Meagher I lectured to night, on the subject of “Grattau” [ to a very large audience. He was enthusiasti- < cally greeted. [Correspondence of the N. Y. Tribune.] The Trip ol the Ericsson. Washington, Tuesday, Feb. 22, 1853. The Caloric ship Ericsson arrived at Alex andria, yesterday afternoon, from the mouth ot the Potomac, where she had laid at anchor for 27 hours during the late snow and thick weath er. Capt. Lowber weighed anchor at 9} o’clock last Wednesday morning, at Sandy Hook, and in pursuance of instructions, stood to the east ward in the face of a strong gale and heavy sea. He kept his course for 80 miles, when the wind shifted to the north-west. He then stood in shore again, in the face of the gale. During these two gales the ship stood the test nobly, and, though she pitched her bowsprit un der water with her lee-guard immersed, her engines performed with the utmost regulari ty, the wheels making 6J turns a minute with entire uniformity. Not the slightest motion was perceptible in the frame work and bracing ofthe engines. After the ship and the engines were thus fully tested, Capt. Lowber shaped bis course for the Chesapeake, and in going up the bay against a gale from the N. N. E. encountered a a heavy snow storm. On approacning the Potomac the weather became so thick that the pilot declined to go further, and the ship came to anchor at ]0 o’clock Saturday morning. The engines had then been in operation for seventy-three hours without being stopped for a moment, or requiring the slightest adjustment, only one fireman being on duty during the whole trip. The consumption of fuel was under five tons .in the twenty-four hours. Capt. Sands, ofthe U. S Navy, who was on board to witness the performance, is delighted with the result, and says that be would willing i ly go to Australia in her. Thus the great prin ciple of the new motor is now a demonstrated ' reality. [Telegraphed for the Baltimore .American.] , Washington Items. Washington, Feb. 21. > Gen. Pierce reached here at 8J o’clock this ■ evening accompanied by Sydney Webster and I Pierson Butler. Mayor Maury was at the cars to ' | receive him. but he passed out unobserved before - | the cars had fairly stopped, and was off to Wil -1 I lard’s in a coach. - | Jefferson Davis has not yet reached the city. = ; nor is there any intelligence of his departure 5 from Mississippi. ' [ Mr. Marcy appeared in the Senate to-day and • j attracted much attention. Notwithstanding the ■ ' presence in this city ol several distinguished gen- • 1 tlemen named in connection witfy the Cabinet, ' much uncertainty exists not only 'as to the per j sons really fixed upon, but also as to the position i that may be assigned to them. 'I Mr. McClelland has arrived. The Hon. D. K. Carter has received a letter from Sam. Meda ry since his return, dated, Columbus, Ohio, Feb. : 17th, stating that he has no intimation orexpec i tatior. of getting a Cabinet appointment. It is reported that Mr. Buchanan will be appointed Minister to England. ! The Caloric ship Ericsson reached Alexandria ! > this alternoon at 5 o’clock. She came up in fine style and anchored off the city. i [Telegraphed for the Baltimore Sun.] Washington, Feb. 22. . ; Washinston .Affairs. — Gen. Pierce has kept , ' his room the entire day, declining to see compa i ny, and noteven admitting the Mayor. Thisaf- 1 ; ternoon Gov. Marcy was closeted with him for a [: j considerable time. The various volunteer companies of the city : paraded the streets with stirring music, in com ; memoration of the day, and in passing Willard’s . . hotel saluted Gen. Pieice, but he did not show j himself. An unfortunate sequel to the late affair be tween Postmaster General Hubbard and the ; Hon. George Briggs, occurred at the capitol to day. The parties met in a dark passage near l the House Library. Mr. Hubbard grasped Mr. > 1 Briggs by the hand, saying “how are you Briggs.” Mr. Briggs shook hands with him, but in a rao t : ment discovering who it was, followed Mr. Hub- 1 ; bard, and meeting him in the ati-room leading , I from the House to the rotunda, said, “ I have . ! just shaken hands with yon—l wish to retract ; 1 that act of politeness—you have insulted me J and I have publicly called you no gentleman.” . Mr. Hubbard answered “just as you please, . you are beneath my notice.” Mr. Briggs,there- 2 upon, with his left hand, immediately slapped . Mr. Hubbardin the face, saying, ‘'will you s make no resistance.” None being affered, Briggs . : continued—“l have said in public that you are i I no honorable man, and I have now slapped your ! face ; don’t yon resent it I „ Mr - Hubbard then replied, “ Strike away, i | Briggs—strike away—l shall not strike back, I for you are beneath my contempt 1” f I Mr. Briggs then struck him on the left side of I his head with his right hand, and repeated the blow once or twice. The bystanders then interfered before serious injury was effected. It is said that Mr Hubbard intends to institute legal proceedings against Mr. Briggs. ’ [Telegraphed for the Baltimore Sim.] Philadelphia, Feb. 25. Shipwrerks and Loss of Life The brig Champi on; from Portland, Me., with a cargo of coal, ' went ashore last Saturday night, on Chincotea ", uge Shoals, and all on board were drowned. 1 The schooner Mary E. Balch, from Washing ton, N. C., for Boston, with naval stores, also went ashore, and will prove a total loss. Two ’ of her crew were drowned. ; The schooner John Franklin, which went , ashore on Fenwick Island, will be gotten off ‘ with slight injury. Philadelphia, Feb. 25. , Explosion and Heavy Demage.— A large blast pipe at the Crane Iron Works, Catasangua, Le i high county, Pa., burst last evening, damaging i the works to the amount 0f540,000. Two fur i naces, turning out forty tons per day, are stopped : by the accident, which will require three months to repair. No one was injured. I Horrible Fate of a Boat’s Crew—Let ters received at Lloyd’s report a most shocking ; catastrophe having happened on the Great West i Hoyle Bank, off the mouth of the Dee, to six . mariners who had gone to examine a vessel which had been wrecked upon the shoal in the i course of Sunday last. Reaching the edge of the sand, which extended many miles, the ill fated men had secured their boat bj' fastening the painter round the boathook, which they threw into the sand. Like those ofthe Goodwin, the sands are hard and dry when the tide is out, in which state of apparent security they found , them on landing. Having gone to the spot where the wreck lay. they were about returning, when they were not a little alarmed at observ ing the boat adrift, and the tide rapidly cover ing the sand. One account states that some boatmen a considerable distance off observed the unhappy fellows rushing about, holding up han kerchiefs and other things in the hope of at tracting attention. None came, however, and in little more than an hour the sea swept over the entire range of the bank, and the poor fel lows thus miserably perished. Incest and Murder.—The Selma, Ala., Re porter of the 16th inst., has an account of a re volting outrage perpetrated in that neighborhood, by a man named Joseph Noals, the particulars of which are ot a most repulsive character. The citizens of Burnsville being informed of the mon strosity of Noal’s conduct, (improper intercomse with two of his own daughters, and a forcible attempt upon the third.) uetermined to bring him to punishment. Mr. Geo. T. Sharp was ordered by tha magistrate, Mr. Burns, to exe cute a warrant of arrest upon Noals, and, with some others, proceeded to do so. Repairing to the residence of Noals, Sharp summoned him to go before the magistrate, which Noals refused to do, and as Sharp advanced to arrest him, he was shot by Noals, and died in a few moments. The murderer succeeeded in making his escape. The relations of the deceased have offered a reward of SSOO for the apprehension of Noals. He is described as being about six feet one inch high, dark complected, with high cheek bones, and thin visage. His dress was homespun cotton cloth and a white wool hat. Another Webster and Parkman Trage dy.—The Editor of the Lynchburg Express has seen a letter from a friend at Kanawha Sali nes, Va.,of which he gives the following ex tract : Kanawha Salines, Sunday, Feb. 13. Dear ****** ; Our Valley was thrown into a considerable excitement yesterday and to-day by the discovery of a very singular murder perpetrated a few miles above us. It seems tha a man by the name of Stoghin, owed one Ro mines, several hundred dollars, appointed an evening, (last Friday) for settlement. Stoghin left his work in the evening, and went to R’s house, telling his companion, that he was going to settle with R. Since then he had not been seen or heard of until his friends becoming alarmed at his sudden exit, commenced a search, finally entered R’s house and looked every where a body could be concealed, and found no thing. until one of them thinking probably ofthe notorious Webster case, commenced scraping in the ashes, and to his surprise, found several hu man teeth and the cheek bone, also, part of the flesh, supposed to be that of the man, which had run into a crevice in the fire place partly roasted. It was a very large fire place, five feet long. It is known that R. had nearly a cord of pine knots at his house, which it seems are all burnt up. He was immediately arrested and committed to jail on Sunday. He exercised more ingenuity than Webster did in disposing of the body. The few bones that are found, will be difficult to iden tify as those of a man, from their calcined state His trial will be very interesting if further velopments are not made. Rain.—During the present month there have been but three slight showers in this vicinity one on the sth, when 0.083 inches fell • one on the 19th, when there was 0 392 inches’; and one on the night of the 22d, 0.412 inches, or in all not quite 9-fOth of an inch up to this date We learn on the other hand that our f r j en( i s in the interior oi the State have had copious showers. We have been informed that three ofthe most substantial farmers ot Knox county, who are large stockholders in the East Tennessee and Georgia railroad, have paid up their entire sub- i scription. This is a good move, and we hope , others will follow the example. If all the stock taken in this county was promptly paid up, it 1 would greatly facilitate the work on the road, ' and enable the company to reach this place at 1 an early day.— Knoxei/fc Register. j A Valuable Hen.—The Rochester Daily Advertiser says that Mr. Recker, who less 1 than a year ago purchased a pair of Cochin t China Fowls from the proceeds of which since that time, he has realized $433. The Chick ens sold for $lO par pair, and the Eggs for $4 < psrdoaen, t AUGUSTA, GEORGIA. WEDNESDAY MORNING, MARCH 2. Terms of Subscription. Daily Paper, por annum, in advance... .$8 00 Tri-Weokly 5 00 Weekly, par annum in advance 2 00 If paid within the year 2 60 At the end of the yoar 3 00 above terms will be rigidly enforced. Subscribers writing to request their pa pers changed to another Post-office, will please ba particular to atate the office to which the paper is now sent. Bank of St. Mary s. The bills ofthe Bank of St. Mary’s under five dollars, and the change bills of J. G. Winter, are still taken at par at this office. Postmasters are requested to notify us promptly in all .cases when our papers are not taken from the office Pacific Railroad Project. The speech of Senator Butler in opposition to the Pacific Railroad projects before the U. S. , Senate, will reward a careful perusal. We com [ mence its publication to-day, and will conclude 1 it in to-morrow’s issue. Though the scheme is effectually tabled for the present session, now so near its close, yet it , will be brought up hereafter with strong, and ! probably, constantly increasing influences in its I favor, from session to session. It therefore be . hooves every thinking-citizen to examine the • subject carefully, and prepare an opinion upon it. ’ We are glad to see Judge Butoku has bruugh the force of his intellect and influence against a scheme which, if not defeated, must introduce a formidable and fearful corporate influence in our government, infinitely more to be dreaded than a National Bank. It will be a means of exhaust i ing the public treasury, or at all events, be an I importunate pensioner upon it. It will over shadow the legislation of the country by lobby . ; intrigues and log-rolling combinations. It will, I with its cormorant appetite, swallow al! the pub lic lands in the line of its route, and from be ing a sturdy beggar for legislative favors, become an arrogant dictator whose will can neither be defied or circumvented. It will be apt to endan ger the republican system of our government, render the federal compact a dead letter, strict construction an obsolete term, and State rights a , theme for the metaphysician and the antiquary. Let the democrats of the South steadily resist new interpolations in the democratic creed—let them unitedly insist upon the rigid rules of con struing the chart of federal power, and the country may yet be saved from this gigantic scheme of centralization and monetary despotism. Pacific Railroad Bill. The 'Washington correspondent of the Charles ton Mercury thus notices the efforts made by Senators Butler, Shields and Mason, to defeat the Pacific Railroad Bill offered by Mr. Rusk. The amendment ot Mr. Shields, adopted by a vote of 22 to 20, but afterwards reconsidered and rejected, was to the effect that the money appropriated to build the road should be appro priated exclusively to those portions of it run ning through territories. Its fate for the pres- I ent session is sealed, but it is a question to be I fought against, “ over again and oft,” by the ad ' ' vocates of State Rights principles : ' ■ “ The Pacific Railroad Bill has also developed • I antagonism in the Party, in relation to the strict or latitudinarian construction of the Constitu tion. Its death was due to the stab which the States Rights men gave it through the hands of ' Senator Shields, who not only struck, but exul ted in the blow—and nut some searching inter rogatories to Senator Rusk on the subject, when he enacted the part of Anthony over his defunct bantling. Your Senator Butler’s speech on this subject has made a profound impression. It is acknowledged to be one of the ablest speeches of this session, and has has enchaneed his already ’ high reputation as a profound constitutional ex pounder. The doctrines oi States Rights and strict construction are not abstractions; they are j the sole bulwarks that now are left for the pro , tection ot the numerical minority against the encroachments or usurpations of the majority, j aud Senator Butler has done good service by ■ striking his blow in time. Gwin and Rusk ; have fought fiercely for the bill, containing a provision in direct conflict with the true Repub lican doctrine, and concerning which, Mr. Ma son, himself in favor of the most stringent action of this Government for securing Tehuantepec, made these strong remarks for bis place on Fri day : “ Mr. President, if this bill become a law', the : fear which the Senator from Texas expressed a few days ago—that it might have the effect o.V reading him out of the Democratic party—will never be realized. If this bill become a law. there will be no longer parties in this country, except the party in power and the party in op position. The whole character cf the Govern ment will be changed. Yes, sir, the whole . character of the Government will be changed, never to be reclaimed ; and it will have been done by gold, and, worse than all, by gold out of the public treasury. Sir, there will be no Democratic party then. Least of all will there be that party to which the honorable Senator 1 know belonged, and to which I belong—the Republican party—the party under whose ban ner you appeal from the people to the Consti tion. The Constitution will be gone. There will be no appeal to that, and the Govern ment will be one of unlimited power.’’ The test vote on Shield’s amendment, whick killed the bill, will throw' much light on this point. Here it is : Yeas—Messrs. Atchison, Bright, Brodhead l , Cass, Charlton, Dawson, DeSaussure, Douglas, Felcb, Fitzpatrick, Geyer, Hamlin, Hunter, Ma son, Norris, Pearce, Petit, Shields, Soule, Tou cey, Walker, and Weller—22. Nays—Messrs. Bell, Borland, Brooke, Chase. Davis, Dodge of Wisconsin, Dodge of lowa, Foot, Gwin, Houston, Jones of lowa, Jones of Tennes - see, Miller, Rusk, Seward, Smith, Spruanea, Sumner, Underwood, and Wade—2o. President Fillmore and General Pierce, ac companied by the Secretaries of State, Navy and Interior, and others, visited the Caloric ship Ericsson, at Alexandria, on Thursday. Among the Heads of the Naval Bureaus present were Commodore Morris, Shubrick, Smith and Sloat; Captains Wilkes, Ringgold, Maury, Sands andl Powell, and several other officers of the Navy Messrs. Burroughs, Goodenow, and Penniman, ofthe Naval Committee es the House, Hon- Messrs. T. Butler King and R. C. Winthrop Messrs. J. O. Sargent, Blair, Stoughton, Ritchie, Thackeray, Washington Irving and others, were present by invitation ofthe Secretary of the Na vy. The company embarked at the Navy Yard. on the steamer Vixen, at Hi o’clock, and pro - ceeded to the ship, where they w’ere received by the Commander, Capt. Howber. They were introduced to Capt. Ericsson, who explained the invention, partly by models and partly by the machinery, in its practical operation. The prin ciple upon which the vessel is built was ered as fully established, and the Secretary ofthe Navy will immediately advise the building of two first class Caloric ships for the United States Navy, with screw propellers. Arrest of Lard. A man by the name of Ben. Lard, who recent ly shot another by the name of Jonathan Briggs, Barnwell District, was arrested in this city on Friday evening last by our police, and conveyed to Barnwell Court House. he was delivered over to the sheriff. Mr. Briggs is, we understand in a very critical condition, and his life is des paired of. Lard was mistaken in his man when he shot Briggs—his intention was to shoot John Mixson, who was but a short distance behind Briggs. Fire at Eatonton Factory. The following is from a letter to this office, dated Eatonton, Feb. 26th: “ The Store House and Cotton Shed attached to the Eatonton Factory, with about fifty bales of Cotton, were burnt last night. Loss about three thousand dollars.” Among the clearances at New Orleans on Tuesday, was that of the American ship Golden Eagle, of Kennebunk, Me., Capt. Thompson, for St. Petersburg, with a cargo of <5,090 bales of cotton, weighing 2,309,778 pounds, and valued at the large sum of $245,000. This ship is 1,273 tons register, and the cargo is the largest by more than 2,000 bales ever shipped to Russia from that port. The Picayune is informed that it is all shipped by one mercantile house, and is undoubtedly the largest and most valuable car goof cotton ever shipped by one house from the United States. The ship was cleared by Messrs. J. P. Whitney & Co., and her freight list amounts to the large sum of $3.5,000. The Golden Eagle and her cargo will give our Russian friends an idea of the progress of Young America in the ship and cotton line. Athens.—The population of Athens, Ga., ac cording to a census just taken is 3,492, showing an increast in th« last two years of 380. "