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have had too much special experience, not
to feel the infinite importance of securing
myself against danger—(ill will or precon-
demnaticn) in my rear, before advancing
upon the public enemy. Not an advanta
geous step can be taken in a forward march,
without the confidence that all is well be
hind. If insecure in that quarter, no gener
al can put his whole heart and mind into
the work to be done in front. I am, there
fore, not a little alarmed—nay, crippled in
my energies—by the knowledge of the im
patience in question; and I beg to say I
fear no other danger.”
This language scarcely requires a com
ment. That it conveys the strongest sus
picion—not to say a direct imputation of
most unworthy motives in the Executive
Government—of bad faith towards yourself,
of a reckless disregard of the interests of
the country—of a design to carry on a war
against you, while your are sent forth to
carry on a war against the public enemy,
there can be, I think, no question. You
must allow me to advert to the only fact to
which you ullude as the foundation tor such
grave imputations. You have learned,'jou
say, from me that much impatience is felt,
perhaps in high quarters, that ijju are not
already put cn route for the xiio Grande, tyc.
What was said on this point at out inter
view, when this subject was alluded to, is
not so fully stated as it ought to be, consid
ering the purposes to which you have con
verted it. You presented to me fully and
clearly the difficulties and delays which, in
your opinion, would attend the assembling
of the volunteers on the Rio Grande, and,
in conclusion, expressed your belief that it
could not be done before the Istday ofSep-
tember next. I then alluded to the troops
which were now hastening to Gen. Taylor’s
standard, under his requisition—to the ex
cited feelings of the country—to the patri
otic ardor of those troops—to the disap
pointment which both they and the coun
try would feel, if au army of eight or ten
thousand men were on the Rio Grande com
paratively inactive during the entire tour of
service, which, being limited to three
months, would terminate before the period
named by you for the assembling of the vo
lunteers on the Rio Grande.
It was with special referrence to the em
ployment of the troops that would be on that
frontier by the first day of June, that I
spoke of what would be the sentiments of
the country, and of the spirited and gatlent
men, who had entered into service, and of
the expectations of the Executive upon this
subject. I was well aware that the Presi
dent was most anxious that the war should
be prosecuted with promptness and vigor,
and that the brave and patriotic men who
bad been called out should have an oppor
tunity to render their country active ser
vice. I know too, that the President con
fidently hoped and expected that a large
portion of volunteers, authorized by the act
of May 13th, would arrive on the frontier in
sufficient force for active operations before
the time which you indicated. With the
view of securing this important object, the
most energetic measures bad been adopted.
Every consideration of economy and duty
forbade that the troops should, if thus col
lected, be permitted to remain inactive, by
reason of the absence of the general officer,
who, fully possessed of the views of the Ex
ecutive, was to direct their movements.
I did not deem it improper, indeed I con
sidered it a matter of duty, to communicate
to the general, to whom the President had
freely confided the management of the wai,
his views and expectations upon this point.
That this communication, madeiu the man
ner it was. should not have been kindly re
ceived, ts surprising to me; Dui vastly more
so is the fact, that it should be made the ba
sis of the most offensive imjiutations against
the executive government, which had vo
luntarily selected you to conduct our army,
and determined to put at your disposal the
amplest means it could command to insure
victory, and to bring the war to a successful
and speedy determination.
It was also a matter of unfeigned sur
prise to me that you should have attributed
to the President the intention of opening a
fire upon your rear, while a fire in front was
opened upon you by the enemy. On what
foundation could such an assumption rest?
Had not the President, in a frank and
friendly spirit just intrusted you with a
command on which the glory and interest
of the country depended, to say nothing of
the success of his own administration? How
could you, under these circumstances, ar
rest your labors of preparation, and suffer
your energies to be crippled, for the pur
pose of indulging in illiberal imputations
against the man who had just bestowed up
on you the highest mark of his confidence?
Entertaining, as it is most evident you
do, the opinion that such are the motives
designs of the Executive towards you, and
declaring it to be your explicit meaning
that “you do not desire to place yourself in
the most perilous of all positions—a fire up
on your rear from Washington, and the fire
in front from the Mexicans,” and so enter
taining them entirely without cause, or
even the shadow of justification, the Presi
dent would be wanting in his duty to the
country, if he were to persist in his deter
mination of imposing upon you the com
mand of the army in the war against Mexi
co. He would probably misunderstand the
object you bad in view in writing your let
ter, and disappoint your expectations, if he
did not believe that it was intended to af
fect a change of his purpose in this respect.
I am, therefore, directed by him to say that
you will be continued in your present posi
tion here, and will devote your efforts to
making arrangements and preparations for
the early and vigorous prosecution of hos
tilities against Mexico.
I have the honor to be, very respectfully,
your obedient serv’t. W. L. MARCY.
Major General Winfield Scott, Com
manding General, See.
Headquarters of the Army, 1
Washington, May 25, 184G. |
Sir:—Your letter of this date, received
at about 6 P. M., as I sat down to take a
hasty plate of soup, demands a prompt re-
ply.
You have taken four days to reflect, and
to convict me, upon my letter to you of the
21st inst., of official, perhaps, personal dis
respect to the constitutional commander-in-
cbiof of the army and navy of the United
States,
If you have succeeded in imparting that
impression to the President, then, by the
conclusion of your letter, written in his be
half, I am placed under very high obliga
tions to his magnanimity—may I not add,
to his kindness?—in not placing me instant
ly in arrest, and before a general court-mar
tial. I may then hope that the President
saw no such intended disrespect; and I can
assure you both that I feel too great a defer
ence to the constitution and laws of my
eountry, to offer or design-an indignity to
our chief magistrate.
The strongest passages in my condemn
ed letter, are, I think, hypothetical. In it,
I spoke of “impatience”—“perhaps in high
quarters;” of, “perhaps, utter condemna
tion, in the quarters alluted to;” of the “in
finite importance of securing myself against
danger (ill will or pre-condemnation) in my
rear,” and of that ‘‘most perilous of all posi
tions” to any commander—“a fire upon
[his] rear from Washington, and the fire in
the front from the Mexicans.” And I also
spoke of the necessity of “the active, can
did, and steady support of (such command-
eis) government” in the hope of concilia
ting it.
Now, if there be any offence to the Pres
ident in these passages—the inteution of
committing which 1 utterly disclaim—it
must, in candor, be found in the meaning of
the passages “high quarters” and the “quar
ters alluded to,” which qualify all the others
quoted by you.
It will be perceived that I spoke not of
the highest quarter, but, in the plural, “high
quarters:” and I beg as an act of justice, no
less to myself than the President, to say 1
meant “impatience,” and even “pre-con-
demnation,” on your part, and the known,
open., and violent condemnation of me on
the part of several leading and supposed
confidants of the president in the two hou
ses of Cotigress, (high quarters) because, on
an intimation—not an order—I did not fly
to the Rio Grande, without waiting for the
invading army, yet to be raised—nay, aban
doning it to get that river as it could, and
without the least regard to the honorable
pride and distinction of the gallant general
already in command on that river: who, we
knew, had done well, was doing well, and
who, I was quite sure, arid his little army,
would, if the occasion offered, cover them
selves with glory. My prediction, in this
respect, has been fully accomplished.
But that I did fear, and meant to ex
press the fear in my hasty letter of the 21st,
that those persons here enumerated would,
sooner or later, impart their precondemna
tion of me to the President, 1 will not deny.
My letter written, in pa-t, to guard both the
President and myself against such a result,
which would have been fatal, not only to
me, but perhaps, for a campaign, to the ser
vice of the country. Hence the details I
entered into to show the President and the
Secretary of War—neither supposed to be
professionally experienced in the technical
preliminaries of a campaign—what had
been, and what would continue for some
days—my incessant occupations. There is
no special pleading in this explanation. It
is written and offered in good faith; in proof
of which I beg to refer you to my letter to
you of this date, sent in three hours before
the reception of that to which I am now re
plying.
You speak of my interview with the Pres
ident on the subject of the intended formi
dable invasion of Mexico. I wish I had
the time to do justice to my recollection of
the President’s excellent sense, military
comprehension, patience and courtesies, in
these interviews. I have since often spo
ken of the admirable qualities he displayed
on those occasions, with honor, as far as it
was in my power to do him honor.
And to you, "sir, allow me to say I have
not accused you, and do not mean to accuse
you, of a set purpose to discredit me as the
commander at first designed for llie new
army that is to invade Mexico. I hear in
mind with pleasure the many personal cour
tesies that I have, for long years, received
at your hands. But I have for many days
believed that you have allowed yourself to
be influenced against me by the clamor of
some of the friends to whom I have alluded.
To that source, and from no ill-will of your
own, I have feared that you had not made,
and were not likely to make, the just and
easy explanations in my behalf, which might
be made. You are also aware of other
causes or uneasiness I have ag&inst the Je-
partment—of the want of that confidence
and support necessary to my official posi
tion—whether here or on the Rio Grande.
I have heretofore explained myself on these
points, which renders repetition unneces
sary.
Whether it shall be the pleasure of the
President to send me to the Rio Grande,
(which I would prefer,) or to retain me
here, I can only say, 1 am equally ready to
do my duty in either position with all my
zeal, and all my ability.
In great haste, I have the honor to re
main, your most obedient servant,
WINFIELD SCOTT.
Hon. W. L. Marcy, Sec’y of War.
War Department, May 26,1846.
Sir:—Your letter of yesterday, although
left at my house last evening, was not re
ceived by me until this morning. Though
not much of the time between the date of
yours of the 21st and of my reply of yester
day was devoted to the subject, yet it was,
as justice to you required it should be, well
considered, and the construction reluctantly
given to your letter, was such, and only
such, as your language seemed to me to
render unavoidable. As you now explain
that letter, the suspicions or imputations of
“ill will,” “precondemnalion,” &c, were
not intended by you to be applied to tbe
President, but in some measure to myself.
There is nothing in that letter which war
rants this particular application,—there was
nothing in our intercourse, and certainly
nothing in my feelings which could lead
even to a conjecture that such an applica
tion was designed.
You cannot recur with more pleasure
than I do to the “many personal courtesies”
between us for “long years,” and I was un
conscious that the kindly feelings in which
they had their origin, had undergone any
change—on my part they certainly had not.
I had hoped that your knowledge of my
character was such as to place me in your
opinion beyond the suspicion or apprehen
sion which you seem to have indulged, that
I was capable of being influenced and con
trolled in my official conduct towards you
by unfounded clamor, even should it come
from “leading and supposed confidents of
the President in the two Houses of Con
gress.” As you “have not accused,” and
as you declare you “do not mean to accuse
me of a set purpose to discredit you, as the
commander, &c., but only fear the effects of
sinister influences, I submit to your judg
ment whether it was not due to our person
al and official relations, that you should have
been more explicit—that you should have
stated the circumstances which had excited
your apprehension, and thereby opened the
way to correct the rash conclusion you have
adopted, “that (1) had allowed (myself) to
be influenced by the clamor of some of the
friends to whom (you) have alluded.”
You state that I am “aware of other
causes of uneasiness” (you) “have against
the department—of the want of that confi
dence and support necessary to (your) offi
cial position, whether here or on the Rio
Grande.” I must say thai I am wholly ig
norant of any just cause for uneasiness on
your part, and I am very sure you have no
ground whatever to sustain the allegation of
a want of that confidence and support ne
cessary to your “official position.”—The
matters, or rather matter to which you
probably allude, (for I can recollect but one)
and which has been made the subject of a
frank—and I hoped—satisfactory explana
tion, was of minor importance and of too
slight a character to disturb our friendly in
tercourse, or influence in the smallest de
gree our official relations.
I have the honor to be, very respectfully,
your obedient servant,
W. L. MARCY.
Maj. Gen. Winfield Scott,
Commanding, &c.
Headquarters of tiie Army, I
Washington, May 27, 1846. f
Sir:—I had the honor to receive your
letter of yesterday, at my office, about S
o’clock last night.
As you do not say that you had shown my
explanatory note to you of the previous
night, May 25, to the President, may I beg
you to lay the fair copy (herewith) before
him? In this copy I have inserted in brack
ets n material word—“friends”—accident
ally omitted in the hurry of writing, and al
so a development of my meaning in another
place, in red ink and in brackets.
Allow me to recapitulate some of the
principal facts in my present (to me) unfor
tunate misunderstanding with the War De
partment.
About the 13th inst., both you and the
President expressed the desire, very ex
plicitly, that. 1 should condui on an exten
sive scale, with the new forces about to be
raised, the conquest of a peace within Mex
ico. I considered myself honored by the
intended appointment, and I beg that my
expressions on the occasion, which I need
not here repeat, may be remembered.
I have said iri my letter to you of the 21st
instant, “I have received no order as yet,
assigning me to the immediate command of
the army about to be raised,” Sec. No offi
cer of the army or navy was ever dispatch
ed by any executive, on distant and impor
tant service, without written instructions, or
orders from his government. I have re
ceived no such paper, and have never even
heard that such paper had been drawn up,
or was even in preparation for me. It is
evident, then, that, without written instruc
tions or orders, 1 could not have left my
habitual duties here, independent of the
preliminary arrangements for the formida
ble movements contemplated against Mex
ico.
On the IStli instant, hearing that Mexi
can troops had crossed the Rio Grande, and
of the capture of Capt. Thornton’s detach
ment, I addressed a letter to Gen. Taylor,
a copy of which I annex, and beg it also,
(with this letter,) may be laid before tbe
President. The letter to Gen. Taylor was
twice sent up to you before it was dispatch
ed, and, at your instance, was changed (by
the omission of a paragraph) to the exact
shape of this copy.
Its last paragraph is in these words:—“I
do not now expect to reach the Rio Grande
much ahead of the heavy re-inforcements
alluded to above, or to assume the immedi
ate command in that quarter before my ar
rival.”
I quote this paragraph to show that I did
not expect to be sent to the Rio Grande,
and did not even suspect it was the inten
tion of the President, or yourself, to send
me thither “much ahead of the heavy rein
forcements alluded to”—viz. some twenty
odd thousand volunteers, besides a few ad
ditional regulars.
Though I had occasion to see you twice
or thrice in the mean time, I heard no com
plaint from you, and received no correction
of that misapprehension—if, in fact, l had
fallen into any—before the evening of the
20th instant, when you spoke of tbe impa
tience manifested at my occupations (or de
lay) here—which complaint caused my let
ter to you of the next morning—May 21st.
It seems, therefore, evident to me, at the
time, that your complaint liail been caused
by the out-of-door clamors to which I have
since alluded.
Three hours before I received your letter
of the 25th infant, conveying the displeas
ure of the Executive, and without the least
expectation of leceiving such a letter, I had
sent in to you my report or note of the same
day, (the 25th,) which concluded with this
declaration:—
“I think my preliminary and necessary
occupation may be ended here in (say)
three days more, when—premising that af
ter the great and brilliant victories of the
gallant Taylor, (of which we have recently
heard,) I should he ashamed to supersede
him before the arrival of competent rein
forcements to penetrate the interior of Mex
ico, and to conquer a peace—I shall be rea
dy for any instructions or orders with which
the President may honor me.”
And again, on that day, (the night of the
25th,) after receiving the censure of the
President, through your letter, I concluded
my prompt explanatory reply, thus:—
“Whether it shall be the pleasure of the
President to send me to the Rio Grande,
(which I would prefer,) or to retain me
here, I can only say I am equally ready to
do my duty in either position with all my
zeal and all my ability.”
I still hope, when the President shall
have read that explanatory letter, and the
foregoing exposition of facts attentively, ho
may be willing to recur to his original pur
pose, and accord to my senior rank the pre
ference which I have never ceased to enter
tain, and which I should have pressed with
incessent zeal, but for the apprehensions
heretofore expressed, and which your let
ters have nearly, if not quite, remove. I
therefore beg to claim that command, when
ever the President may deem it proper to
give me the assignment—whether to-day,
or at any other better time, he may be pleas
ed to designate.
In your rejoinder to me of yesterday
(May 26th.) which I have acknowledged a-
bove, you quote from my letter of explana
tion the words: “You are also aware of oth
er causes of uneasiness I have against the
department,” &c.,&c.
Your notice of this complaint, on my part,
is so liberal—not to say kind—that I am
bound to be frank and explicit, as to one of
those cases: I had, upon my mind, in hast
ily perming those words, these facts: Brig
adier Gen. Wool was called to this place,
by a letter of your own writing, to com
mand, under me, one of the detached col
umns against Mexico, according to an un
derstanding between the President, you,
and me, to that effect. I saw Gen. Wool
first, the day of his arrival, (May 17) and
communicated to him the purpose of his be
ing called to this place. In a day or two, I
learned from Gen. Wool that, notwithstand
ing my intimation, he had been told by you,
he might not be ultimately assigned to that
command, because, perhaps, other generals
might be authorized and appointed, for the
army, and called into service from the
States. That information gave me no se
rious apprehensions for Gen. Wool or my
self, until I saw, on the morning of the 20th,
a bill reported in the Senate (at your imme
diate instance 1 knew) the day before, pro
viding for two major generals, and four
brigadier generals, to be added to the reg
ular military establishment, besides giving
to the president the power of selecting
State generals for the command of the 50,-
000 volunteers.
I then thought I saw a strong probability
that both General Wool and myself would
be superceded, at least in the war against
Mexico, by two of the new regular gener.
als of our respective grades, to be appoint
ed, as was generally understood from civil
or political life. It was then that my first
apprehensions became serious, as may be
seen in my letter to you of the following
day, (May 21st,) and in many of my subse
quent acts. From that moment (before my
letter of the 21st,) I have had but little
doubt down to last night, that if that bill be
came a law—connecting it with the clamors
against me to which I have alluded—I
should net be sent against Mexico.
I will now, however, hope for better for
tune; and appealing to the justice of the
President and the rights of senior rank, I
have the honor to remain, sir, your most
obedient servant.
WINFIELD SCOTT.
P. S. I add to the papers, herewith, a
copy of Col. Butler’s explanatory notes of a
rough sketch made by him of north Mexico,
which may be valuable. The Colonel, in
the notes, is not so full on the rainy season
as he and Gen. J. T. Mason were in con
versation with me. I beg again to refer to
them personally. W. S.
Hon. W. L. Marcy, Sec’y of War.
Headquarters of the Army, )
Washington, May 18, 1846. j
Sir:—We have no report from you later
than the 26th ultimo, and but little through
unofficial soirees so late as the morniug of
the 29th. Cf course, notwithstanding our
high confidence iu you and your little army,
we are anxious to hear further from you.
All the success that may be expected under
the circumstances,is confidently relied upon.
Congress having recognized the exist
ence of war between the United States and
the Republic of Mexico, and having au
thorized the acceptance of 50,000 volun
teers, the War Department has already
called upon several States for quotas of
twelve month volunteers—making a total of
about 20,000, say one-fourth horse, to inarch
upon Mexico from different points of the
Rio Grande. Of course, at this early mo
ment, and at this distance from the scene of
intended operations, no definite plan of
campaign lias been laid down. Being des
tined to the chief command of the augment
ed forces, I shall delay as much as possible
of that plan until I can profit by your better
knowledge of the enemy’s country, when it
is my hope to have the benefit of your val
uable sei vices according to your brevet
rank and with the column that may be the
most agreeable to you.
We have multiplied our force on the
general recruiting service, and hope, in two
or three months, to bring up the privates of
companies to 70 or SO—at least in the reg
iments with you.
I fear that we shall not be able to put on
the Rio Grande, with our utmost efforts,
more than ten or fifteen thousand volunteers
by the first of September—the best period,
we learn here, for the commencement of
operations beyond, with the view to the
conquest of a peace. What you may have
done since the 26th ultimo, or what you
may be able to accomplish before Septem
ber, with your limited means, towards that
general end—an honorable peace—cannot
now be assumed. We may hope, that, with
the small reinforcements you have by this
time received, you have forced back the
Mexicans to the right bank of tho Rio
Grande, and perhaps may have taken Mat-
amoros, or possibly, by the greatly superior
army of the enemy, you may now be placed
strictly on the defensive.
By this, it is not intended to embarrass
you with new instructions, but to give you
information as to expectations or intentions
entertained here—leaving you under the in
structions you have already received, and
to your own good judgment, zeal, and in
telligence.
I do not now expect to rech the Rio
Grande much ahead of the heavy reinforce
ments alluded to above, or to assume the
immediate command in that quarter before
my arrival.
With great respect, I remain, sir, your
most obedient servant.
WINFIELD SCOTT.
Brevet Brigadier Gen. Taylor,
Com., &c.
W»n Juno 9, lSIfi.
Sin:—When 1 received your letter of the
27th ult., it was my intention to answer it
at some length, and to note the misappre
hensions under which you are still laboring;
but on account of my official engagements
at this particular juncture, and not wishing
to protract this correspondence, which can
end in no practical good, I have changed
my purpose, preferring to point out those
misapprehensions in a personal interview,
if you should so desire it.
Your communications have all been laid
before tbe President, but I have received
no instructions to change or modify the di
rections contained in the closing paragraph
of my letter of the 22d ult.
Very respectfully, your obedient servant,
W. L. MARCY.
Maj. Gen. W. Scott.
Gen. Gaims.—It is impossible to read the
letters of this timeworn veteran, to the War
Department, without coming, however re
luctantly, to the conclusion that the meas
ures of his service is, to the last drop, full.
It is to be regretted that circumstances ren
dered the publication of the evidence of
this fact, necessary. To use his own phrase,
he has no grey hairs, save those that have
whitened in the service of his country. He
should be regarded and treated with the
veneration that is due to the past; for the
crumbling ruins of the patriot who has won
the triumphs of th country, who has serv
ed her long and with zealous devotion and
unspotted honor, should be sacred. No
good can'result from courts to inquire into
the patriotic errors of his infirmity—for to
the latest [though the chill has reached his
head, it has not touched his heart,] he has
had but one wish—to offer his aged bosom
once more in defence of his country. The
idle and unthinking may discover in the iu-
firmities which age, and toil, and hardships
incurred for his country, have brought up
on him, subject for a ribald jest or a heart
less censure; but better men will have bet
ter thoughts, and will see in the tottering
columns°of that crumbling temple of patri
otism and honor, whose alter burns purely
and brightly to the last, a theme for rever
ence and admiration. Were it possible,
we would hope that the old hero might nev
er know that the country of his love grew
younger, as he grew older, and that her
heart ceased to beat quickly and fast when
his victories were named. He would die of
the thought. His retirement seems to be
inevitable; it should be an honored one-
crowning a manhood of glory with an age
of dignity and peace.—North American.
Locusts.—The Washington (Pa.,) Re
porter, of May 29th, says: “The locust are
here! The woods are vocal with their mu
sic. Untold millions clustej upon the
boughs of the forest trees, and the orchards
are literally black with them. Whether or
not our fruit trees are to fall a prey to their
voracity or only their foliage is to suffer fu
ture observation must decide.
FUNDS FOR CARRYING ON THE
WAR WIT11 MEXICO.
MESSAGE
OJ the President of the United states, in answer to a
resolution of the Senate of June 3,1846, calling for
information relative to the mode of raising funds for
carrying on the war with Mexico.
To the Senate of the United States:
In answer to the resolution of the Sen}
ate of the 3d inst., I communicate herewith
estimates prepared by the War and Navy
Departments, of the probable expenses of
conducting the existing war with Mexico,
during the remainder of the. present and
the whole of the next fiscal year. I com
municate, also a report of the Secretary of
the Treasury, based upon these estimates,
containing recommendations of measures for
raising the additional means required. It is
probable that the actual expenses incurred
during the period specified may fall consiera-
bly below theestimates submitted, which are
for a larger number of troops than have yet
been called to the field. As a precautiona
ry measure, however, against any possible
deficiency, the estimates have been made
at the largest amount which any state of the
service may require.
It will be perceived from the report of
the Secretary of the Treasury that a con
siderable portion of the additional amount
required may be raised by a modification of
the rates of duty imposed by the existing
tarifflaws. The high duties at present lev
ied on many articles totally exclude them
from importation, whilst the quantity and a-
mount ofothers which are imported aregreat-
ly diminished. By reducing these duties toa
revenue standard, it is not doubted that a
large amount of the articles on which they
are imposed would be imported, and a cor
responding amount of revenue ba received
at the treasury from this source. By im
posing levenue duties ou many articles now
permitted to be imported free of duty and
by regulating the rates within the revenue
standard upon others a large additional rev
enue will he collected. Independently of
the high considerations which induced me,
in my annual message, to recommend a mo
dification and reduction of the rates of duty
imposed by the act of 1842 as being not on
ly proper in reference to a state of peace,
but just to all the great interests of the
country the necessity of such modification
and reduction as a war measure must now
be manifest. The country requires addi
tional revenue for the prosecution of the
war. It may he obtained, to a great extent
hv reducing the prohibitory and highly pro
tective duties imposed by the existing laws
to revenue rates; by imposing revenue du
ties on the free list; and by modifying the
rates of duty on other articles.
The modifications recommended by the
Secretary of the Treasury in his annual re
port in December last, were adapted to a
state of peace, aud the additional duties
now suggested !>y him, are with a view
strictly to raise revenue as a war measure.
At the conclusion of the war these duties may
and should be abolished, and reduced to
lower rates.
It is not apprehended that the existing
war with Mexico will materially affect our
trade and commerce with the rest of the
world. On the contrary, the reductions
proposed would increase that trade and
augment the levenue derived from it.
When the country is in a state of war,
no contingency should be permitted to oc
cur in which there would be a deficiency in
the treasury, for the vigorous prosecution
of the war; and to guard against such an e-
venl it is recommended that contingent au
thority be given to issue treasury notes, or
to contract a loan for a limited amouut, re
imbursable at. an early day. Should no oc
casion arise to exercise the power, still
it may be important that the authority
should exist should there lie a necessity for
it.
It is not deemed necessary to resort to
direct taxes or excesses—the measures re
commended being deemed preferable as a
means of increasing the revenue. It is hop
ed that the war with Mexico, if vigorously
prosecuted, as is contemplated, may be of
short duration. I shall be at all times ready
to conclude an honorable peace, whenever
the Mexican government shall manifest a
iike disposition. The existing war has
been rendered necessary by the acts of
Mexico; and whenever that power shall be
ready to do us justice, we shall be prepar
ed to sheathe the sword and tender to her
the olive branch of peace.
JAMES Iv. POLK
Washington, June 16,1S46.
The Treaty.—In the Baltimore Patriot,
we find the following:
The treaty is short—contains but five ar
ticles, and they are as follows:
Art. 1. Fixes the territorial boundary be
tween the United States and Great Britain,
West of the Rocky Mountains, on the line
of 49 degrees, till it reaches Queen Char
lotte’s Sound, and then through the Straits
of Fuca to the Ocean, which gives to Great
Britain Vancouver’s Island.
Art. 2. Declares the navigation of the
Columbia river, up to where it strikes the
line of 49 degrees, to be free to tbe Hud
son’s Bay Company, during the continu
ance of its charter.
Art. 3. The rivers, ports and harbors
north of the 49 degree to be free to the
commerce of both nations.
Art. 4. Indemnity for the forts and trad
ing stations of the Hudson’s Bay Company
south of 49 degree, and of the Americans
north of the same, if any there be.
Art. 5. Indemnity for private property
of citizens or subjects who may be south or
north of 49 degree, if they wish to retire
within their own territory.
Privateers.—In the House of Representa
tives, on the 16th inst., during the discus
sion of the Navy pension bill, Mr. Thos.
Butler King, made the following interesting
statement in regard to the Privateer Pern
sion Fund:
The Prizes brought into the U. S. dur
ing the last war, were 313 public vessels,
and 2,044 private vessels. The number of
guns taken by private armed vessels was
6,155, taken by public vessels, 1,045.
These private armed vessels had brought
property into the country of between two
and three millions of dollars—and two per
cent of this was awarded them for pension
service, and this pension fund had been
misapplied.
O’Geu, Tayi.or, it appears by the following from
the Cincinnati Chronicle, Cincinnatus like, reaps at
times other harvests than those of the battle field:
“Directly iu the rear of Newport, on the estate of
General Taylor, we noticed yesterday afternoon a
wheat field of several hundred acres, which will pro
bably be ready lor the sickle in the coming ten days.
The sun has already tinged it with a rich golden hue,
and as the land is gently undulating, the appearance
of the field when bowing under the influence of the
breeze is ‘beautiful exceedingly.’ The berry is large
and well filled, and the whole field gives token of a
‘glorious promise.’ ’•
Washington's Death.—It is a fact not
perhaps generally known, says an eastern
paper, that Washington drew his last breath
in the last hour in the last day of the last
week in the last month of the year and in
the last year of the century. He died Sat
urday night, 12 o’clock, Dec. 31,1799.
Cases decided by the Supreme Court, at its
late session at Hawkinsville.
Zachariah M. Winkler, plaintiff-in error. )
versus >
Amos Scudder, defendent in error. )
Nesbit, Judge, delivered the opinion of the Court:
Question.—Could the maker of a promtnissory note
be allowed (bis interest having been first divested by
a release) to give testimony to prove the instrument
tainted with usury when he passed it away?
Decided, that he was a competent witness—the
Court affirming the decision of Jordaine vs. Lasb-
brooke, and overruling that of Walton vs. Sheley.
In this case, a qiiestun as to the pleadings was also
involved, hi determining which, the Court decided,
that a demurrer ore lenus, would lie in this State eith
er to a declaration or plea.
Decision below affirmed.
Charlton & D’Lyon, for plaintiff in error.
Law & Marsh, for defendan, in error.
are all well, with the exception of diarrhea
and some other slight cases of sickness
consequent upon a change of climate, wa
ter, &c.”
state Bights and United States’ Rights.
Eastman and Philbrick, plaintiffs in error, 1
versus >
Henry M’AIpin, defendant in error, j
Warner, Judge, delivered iheopiifion of the Court:
Question.—Is an absolute deed or bill ofsale, made
by a man in insolvent circumstances to a creditor, the
consideration of which is an antecedent debt, and by
which the one creditor is preferred to the exclusion
of the other creditors, within the operation of the Act
of the General Assembly, Dec. 19th, 1818. to prevent
assignments or transfers of property, &c?
Decided, that such a deed or bill of sale was not
within the operation of the Statute: That in order to j
bring such a deed within its operation, there must be |
a trust reserved either for the seller or some one ap- :
pointed by him.
It was further decided that the possession of the
vendor, after an absolute deed ofsaie, was only piima
facie evidence of fraud, and liable to rebuttal; and
that a defendant who is interrogated by a Bill in Equi
ty, as to the lact of possession, may also state facts
which go to explain such possession, and such state
ment will be evidence for him, being responsive to
the allegations of the bill.
Decision below reversed, and new trial ordered.
Law, for plaintiffs in error.
Charlton, for defendant in error.
James P. Dent, plaintiff in error,
versus
King & Combs, defendant iu error.
Nesbit, Judge, delivered the opinion of the Court:
Question.—How far equitable defences could be
set up between two parties against whom a joint
judgment had been recovered in an action for money
paid, laid out and expended for use by one of the par
ties who had paid the entire judgment, and sued his
eo-defendant for contribution?
The Judge below charged that the parly defendant
was liable unless he could show that h? had repaid
“’Tis the Star Spangled Banner, oh, long may it wave,
O’er the Land of the Free and the Home of the Brave. ’
.niLLEDGEVILLE, JCAE 30, I §46.
Mr. T. F. Stevens, agent for this office,
will attend the Supreme Court at Americus
and the adjourned Superior Courts in Lee
and Baker. He is authorized to make col
lections and receive subscribers.'
J
Congress.
The amendatory army bill has at last
passed both Houses. It creates one new
Major General and two new Brigadier
Generals for the regular service.
The bill for the modification of the ta
riff has been discussed for several days in
tbe House. Thursday next is tbe duv desig
nated for the vote to be taken upon it.
No day has yet been fixed forthe adjourn
ment,
Tlie Georgia Regiment.
The Regiment is fully organized. The
following are its officers:
Henry R. Jackson of Savannah, Colonel.
Thomas G. Redd, of Columbus, Lt. Col.
Charles J. Williams, of do. Major.
John Forsyth, of do. Adjutant,
the amount paid by the plaintiff for him on the judg- | j atest " accounts from Columbus state,
ment, or that theplmnt.ff had paid it with Ins funds. I expected that the Regiment
T. he decision of the Judge below was affirmed. 1 11 * • ° .
— - - — would take up the line ot march yesterday
or to-day.
Ward St Owen, for plaintiffs in error.
Bartow, for defendant in error.
Amos Scudder, plaintiff in error,
versus
Wyily Woodbridge, defendant in error.
Lumpkin, Judge, delivered the opinion of the
Court:
Question.—Is an employer liable, in an action on
the case, to an employee for an injury to him pro
duced through the neligence of another employee?
The Court affirmed me general priuciple, but drew
a distinction in this case, the person injured being a
slave—deciding that they could not recognize a slave
as an employee within the intent and scope of the
decision.
Decision below affirmed.
Marsh, for plaintiffiu error.
Charlton, for defendant in error.
John E. Davis, el. at. plaintiffs in error,
versus
G. W. Anderson & Brother, def’tsincr.
Warner, Judge, delivered the opinion of the
Court:
Question.—Is a mortgage given by an insolvent to
one of his creditors to secure an antecedent debt by
which other creditors are excluded, within the opera
tion of the Act of 1818?
Decided—That it was not. That a mortgage might
be within the Act. The mere form of mortgage did
The last Muscogee Democrat, contains
the list of the officers and privates of the
Regiment. In our next, it will appear in
our columns.
Tiie Oregon Treaty.
Although the proceedings of the Senate,
have not been authoritatively disclosed,
' there can now be no doubt, that a treaty has
'■ been entered into with the British Govern-
j ment, and been ratified by the Senate. It
| has been ratified too by a vote, larger than
! that, which has ever before sanctioned any
j important treaty. By it, our government
j has secured every thing that is essential to
j her interests, that i3 really of any intrinsic
! value. She has obtained much that Great
j Britain has heretofore again and again refu-
: sed to render. The Valley of the Colum-
| bia is ours, and to us will belong ultimately
the exclusive navigation of that noble
stream.
The question may now appropriately bo
not exclude it, but that an antecedent debt was a , asked, why is it, that Mr. Polk has succeed-
goodconsideraiton and a mortgage given to secure I ed in e ff ect j n g that, which his predecessors
such anteedent debt in which there was no other re- 3 r ,
serration of interest that the ordinary one of payment ; * or thirty yeats^bave failed to accomphsh.-
over the surplus to the mortgagor after settling the • W4iy is it that Great Britain has made con-
mortgage debt, was not such an assignment or trans
fer in trust as was contemplated by statute.
It was decided further, that if the security on the
appeal bond is a witness in the case, the bond may be
amended by the substitution of another surety, and
' the witness rendered competent.
Decision below reversed and new trial ordered.
Law & DeLyon, for plaintiff in error.
Lloyd, for defendants in error.
Cameron & Co., plaintiffs in error,
versus
Amos Scudder, defendant in error.
The question in the case was identical with that in
the case of Philbrick and Eastman, vs. McAlpin, and
upon the strength ofthat decision, the decision be
low was reversed and new trial ordered.
Decision below reversed.
Law, for plaintiffs in error.
Marsh, for defendant in error.
'1
FROM THE SEAT OF WAR.
cessions to him, that heretofore she has per
tinaciously refused to others? The answer
to these questions can be found, only in tbe
strength of the positions he assumed and the
ability and firmness with which he main
tained them. Had he listened to the syren
song of peace, which was so often sounded
upon his ears by whig alarmists, the notice
would not have been given, and England
by her diplomacy would have defer red the
adjustment and retained her occupancy.
Had he quailed when the whole artillery of
the whig press was hurled at him for reject
ing the arbitration proffered by England,
less favorable terms than those she has now
proposed, would have been submitted as
her ultimatum. She would have insisted
upon, as she has ever heretofore contended
for, the Columbia, as the boundary line.
His firmness has been appreciated at tbe
j Court of St. James, and will be held in re-
The Army of Occupation.—The New
Orleans Tropic, of the 17th instant, says :
“ Letters from Camp, dated June 6th re- j ^embrance “byTis“fateful^counUyrnen.
present the weather as intensely hot, which , The0re »on treaty will ever exist, the mon
caused some evidences of sickness—the ’ -
diarrhoea being the prevailing disease.
Green corn has been prohibited in the ar
my. It is stated that Col. Wilson’s com
mand will pass thirty miles above Reonoso
to Camargo, and take possession of that
point. It is supposed it will be done with
little or no opposition.
“ An opinion prevails that the main body
of the army will move towards Monterey,
where it is represented the enemy’s forces
are concentrating. Monterey is ninety
leagues from Matamoros and eighty from
the Rio Grande. A dialy mail arrives at
Matamoros, and the Postmaster dematids
ten cents for a letter. This is extending
our laws over Mexico certainly.”
ument alike of his ability and moral cour
age.
Who is there that was so unwise as to
condemn him for rejecting the proposition
to adjust the controversy by arbitration, that
is not now prepared to applaud him? Had
he acceded to it, years would have elapsed
before the question could have been set
tled, its agitation would have been continu
ed, and when settled, it would have beeD,
if peaceably by the sacrifice of rights now
secured, but more probably by the sword.
It is true, a portion of the Democracy,
contended that our title extended to the
Russian line. It is not without reason, that
they assumed that position. For such was
the character of our title, that if it had been
Later from the Army on the Rio Grande.
—Reynosa, about 60 miles above Matamo-
ras, on the same side of the river, has capit
ulated, and is now held by Col. Wilson.—
Reynosa is on tbe route to Monterey.—
The next movement will be for Cumargo.
which has already sent a deputation to Gen.
Taylor, to capitulate. It is intended to
make Cumargo a depot for provisions for
the army. Cumargo is about 90 miles from
Monterey. From Cumargo to Monterey,
the route will be across the country, so as
to be enabled to procure good water and
provisions—from Monterey the route will
be to Saltillo.
Saltillo commands the mountain passes,
which divide the northern from the southern
provinces of Mexico, and here the present
army will probably be obliged to stop in
consequence of the difficult nature of the
country, between it, and the city of Mexico
which is about 500 miles from Saltillo; con
sequently tbe city of Mexico will have to
be approached from Vera Cruz or some
other point on the Gulf.
Col. Bailie Peyton is at Burita, lying ve
ry ill. Cols. Davis, Dakin, and Feathers-
ton’s Regiments are at Burita.
The Louisville and St. Louis Legions
are at Brazos Island.
Capt. May, with 2 squads 2d Dragoons
are stationed near the battle ground Palo
Alto and near the 600 Texas Rangers.
[iV. O. Jeffersonian June 20.
A letter from Matamoras dated the 14th,
published in the Delta, says : “The whole
force, under Gen. Taylor, amounts to about
nine thousand two hundred and eighty,
(9,280) rank and file, at Point Isabel, Bra
zos Island, LaBurrita, Lorita, Camp oppo
site Matamoras. There are about twenty-
five hundred regulars at Fort Brown ar» J
Matamoras, and Cols. Walton’s and Merits
Regiments, Louisiana Volunteers, about
1,400 men, at the camp opposin’ Matanao-
ras. The re3t of the Louisiana Volunteers,
and the St. Louis, and Louisville Volun
teers are all at different points between here
and Point Isabel.
“Gen. Taylor is now only waiting tor
means of transportation, when he will move
at least a portion of his force, to Carmago,
and thence to Monterey. The volunteers
decided upon the battle-field, none would
have conceded a foot of territory,shortof fif
ty-four, forty. But the issue has been set
tled by compromise. England has conce
ded what she has repeatedly affirmed, she
never would yield, and if we have conceded
the barren waste lying between the 49th
parallel and 54, 40, we have obtained all
that former administrations of the govern
ment have insisted upon and all that the
President demanded in the compromise
tendered by himself.
In the retrospect the whigs may find
much to condemn in the course they have
pursued. The democracy, on tbe other
hand, may exalt in the wisdom that has
characterized the measures of the Presi
dent, and with united voice, may tender to
him and to each other their congratulations,
upon the glorious result that has crowned
his efforts.
Later from the Bi« Grande.
By the last mail, we received the New
Orleans Picayune of the 24th, giving ac
counts just received at that port, from the
seat of War by the James L. Day. It says:
The news by this arrival is not of great importance.
Tliecapluie of Reynosa by Coi. Wilson, isconfirm-
ed; so is the report that Gens. Arista and Ainpudia had
been ordered to Mexico. There was a report in the
camp, to which we attach no credit, that Herrera had
been restored to power in Mexico, and that an armis
tice had been tendered to Geu. Taylor-
We iearn from our correspondent “8.’ that Gov.
Henderson, who was at Fort P^k on the 19th, has
been uinstered into the service as * Major General,
Gen. Johnson has been elected Colonel of’.he Reg
iment ol Texas Infantry-
A company of the oth Infantry had left for ueynosa
on the steamboat Aid. Reynosa has been almost en
tirely abandoned by its inhabitants, as also the ranchos
between .Vatauioras and the former place.
Frow l,ie Mexican Army.—By a Mexican citizen
direct from Camargo we are informed that the Go
vernment has ordered the immediate appearance of
Generals Arista and Ampudia in the city of Mexico;
the former to explain satisfactorily the causes of the
misfortunes which befel the army in its late unsuccess
ful attempts upon the American forces—the latter, no
doubt, to sustain some very serious charges, which he
has preferred against Arista. The representations
made by these two chieftains, judgingjrom casual ex
pressions immediately after ihe destruction of their
united forces, differed materially. Gen. Arista passed
through Monterey some 12 days ago upon bis way to
the city of Mexico. Gen. Auipudia proceeded by the
way of Tampico. The almost universal opinion o
the Mexican population is, that Arista sold his coun
try for a good round sum of American gold.
Return of Cant. Price's Ranging Company from
Reynosa —By the arrival of this company on tiie