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A € © N G E OK U 1 1 T E L E G IS A P II FOREIGN. MASSACRE AT BARCELONA. Park, Jan. 11.—Oeplorulo excesses Mere commit ted at Barcelona ou the 4Ui mst. Upwards uf a iw i- <iied prisoners were massacred by the populace in the citadel. The body a; Col. O’JJouuctl was uornbly luutilatcJ. Tno disturbances continued on the .'<lb.— The lives of all persons inspected of Curlisui were threatened. Ou the 4Ui, upon receiving uu account ot these disorders, Geu Alma leli Ban Lorenzo lor Barce lona. Paths, Jim. 14.—Tho-foUo wiug account of the 5th inst. from Barcelona, affords details of the horrible massacre in that place, winch we have already an nounced. Horrible excesses tvero commuted m this t wvu in the course of lost night. A stilled fermeut hud prevailed for several days, which took a fresh de gree of intensity upon the uirival of the uctis that the prisoners detained at Bon Lorenzo del Pitlieiis, by the CorUsts, had been shot. The authorities, however, Were but little disquieted by the disposition of (he peo ple* but tua troops that were to have inarched on the 4 th received counter-orders. All the troops were or dered to remain in their barracks, lu the course of the day, it was learned that sums Cabecillors (Carlist clut-lV) hod escaped from prison,— Tun populace murmured aloud, and a decision of a Court Martial held in the day carried the exasperation to the highest pitch. The court contented itself with condemning to a few years' transportation, some Car 709 which arrived at Vera Cruz from Alexico, Janua ry thith. A successful revolt has taken place at Acapulco.— The message of the President of the United States had somewhat softened the asperity of the Alcxicuus a- gainst the Americans for assisting Texas. The army of ssautaAuua left SmLouis, Jan. 2d, and arrived at Loo' VicarioJau. 9th, and would ultimately amount to 10.000. [Doubtful.^—(leu Colazar is to command the army ol the reserve. Ilis Lx. D. Manuel Lduardo Gorostiza, Minister Ex traordinary from .Mexico to tlie United Stales, cutne passenger iu the Montezuma. It is confidently assert* ed (and this rumor we heard from a very creditable quarter before his arrival) that hois charged with a spe cial mission yejaiive to the cesriuu of Texas to the U. Slates. VmiiLMA. Impartial history requires that the following Document should be preserved among the events of tho times. LETTEIi FROM MR.'TYLER. W'ashixoto.x, Feb. 'JO, JS3C. To flit Speaker and Mentbers of the O'tt.trcl Asstully oj' Virginia: Gesti.emes:—Certain resolution* of ilia General Assembly, instructing their tSciKnors in the Congress of the U uited States, to introduce and to vole for a re lists convicted of having committed acts of mulctty, of solution to expunge the journals of a previous Senate *—* K “ | “| **»/—»- ,| w particulars therein mentioned, and pointing out the precise manner in which this act shall he perform* ", have been made known to uic. After the most de having oven torn out the eyes of a woman. i\o soon- j n d*. particulars therein mentioned, and pointing out er was the .eutence known, than armed bauds, who no doubt hail received the watchword withiu a lew days, began to scour the ditferent quarters of the town] •hjutingp.it “death to the Carlist!” These men al most ali belonged to the 1‘Jtli battalion of the National Guard, culled La Biussa, which battalion contributed iqost powerfully to the Kevolmion of August 5th. It was four o’clock when these groups in aruii be gan tlictr excursions in the streets. The night soon camdon, nud the mobs became more and more threat ening. Tiie drums shortly after beat to arms, and the troops speedily mustered, and proceeded to those poiuts where the groups were most numerous. At this mo ment, tile populace surrounded the hotel of the Cap- gaincy-Geiieral, and with vocifciutiuu*, demanded that •11 the Carlist prisoners should bo shot. Gen. Alva rez, hoping to calm the infuriated populace, promised that they should bo executed ou the morrow, upon which utnv clamors arose, and uu every side were heard cries of “ this very instant." The General re fused, and immediately a cry of war issued from ib>s mass of armed men: “To the assault of the citadel i” Ladders wore brought and placed in the ditches. The advanced posts were carried, amt ilic popuiacc, iu (heir impetuosity, took the citadel by assault. The conquerors, enhearlcned by this triumph, rushed to wards the apartments of Pedro de Pastors, tho Gov ernor, who learning bis defeat at the same time as the battle, delivered up the keys of the dungeons. The first prisoner who fell under the weapons of these wretches was Col. t iDonm.ll, who was captured •t Ulcot.' If is body was thrown from the top of the r impart to the multitude below, who rushed with bow lings of rage and joy upon their bloody prey. A rope wir tied to the feet of the victim; and after haviug dragged the body through all llic streets, and satiated their thirst of vengeance, these Cannibals burnt the mutilated remains upon die Kambla. at the same spot where Bossa was burnt. During this disgusting oigy, dreadful sce.ics of ocs>daiion and massacre took pluce ih-tlie prison, where some brigands, equally ferocious anil resolute. shot the unfortunate and defenceless pri soners . To the victims’ shrieks of distress, and the vo eiferations of the assassins, were joined fthc shouts of joy of the populace without, who answered by hur rahs to every fresh senort of fire-arms. The draw bridge had been let down, aud the populace, being complete masters of llic citadel, pursued within their work of death and vengeance, After having massa cred all the prisoners, they rushed iuto tiie rooms of the sick and put them to death. Tin- mas-acre com menced at eight o'clock in the evening, and still contin ued at midnight. The National (maids remained in active under arms, without tuakiug the least demon stration to stop the popular torrent. The town was illuminated during tne whole night. This morning Gen. Alvarez reviewed the troops who had bivouacked throughout the night in the pub lie places, and inspected tho ranks of the National Guards; lie expressed the utmost satisfaction with their conduct on the preceding day, and added that he would ever be found in the midst of them. This ap parent calmness of the General, who is Governor of the town in the absence of Mina, these praises be stowed on troops who did nothing to prevent horrible mos t' res, may astonish one, particularly when it is co.,sidered that, at the moment when the General was expressing himself thus, the populace were talking of proclaiming tho Constitution, and .demolishing the ci tadel Numerous detachments of the National Guards pa raded the town with the drums beating and (colors Hy ing, and carried in trumphthe stone of the Coustitu- ed liberate examination which 1 am capable of bestowing by which theconduct, the motives, the actions of men shall be judsed, n^t by those of the present day only, but through all time. It was a wise custom among the Chinese, which required the biography of each bmpe- ror to be written before the close of liis life, and placed before him, so as to give him foreknowledge of what the world would think of him after his death. It was de signed to restraiu his evil passions—to curb the exer cise of despotic sway. It addressed itself to his ambi tion, aud excited within him a longing for immortality iu thu gratitude and admiration of succeeding ages.— But this provii-io'n in our Constitution is still wise/.— Each Senator writes daily his own biography, lie is required to record his own acts, and takes an oath to keep that record and to publish it from time to time.— Tho applause or censure of his fellow-mea is not post poued until he has descended to the tomb, it is duilv uttered by the living generation.—flow pow erful are the inducements thus addressed to each member Jo be faithful to the trust confided to him .’ How much to he adinncd the wisdom of our an cestors in framing the Constitution 1 If this was iis only feature, their title to immortality would be established. This simple provision is one of the greatest se curities of American liberty. It takes nothing upon trust. If the Senate kept no journal, it would be a secret conclave, where deeds the most revolting might be performed iu secresy ami dark ness. The train might lltcro ho laid, the miue ndministi niton of Herbert Jeffries, should he ex punged from their records, “ as highly derogatory to his Majesty’s prerogative.” Robert Beverly was Clerk to the House of Burgesses. Every ef fort xva$ made to induce him to produce the jour nal, in order to have it expunged. He was sub jected to all manner of persecutions ; but he glo ried in his sufferings, anti his noble spirit rose ii proportion to his persecutions. He pertnrptdrUy refused tp comply, alledging “ that his master, the House of Burgesses, had alone a tight to make such a demand, and that their authority alone he durst or would obey."—And I too, reply to these orders which arc uow given me,—that I will! not expunge the records ol the .Senate until the Con stitution, which, while it is permitted to remain is master over all, shat! he changed, altered or a- hoiislicd. You will have full opportunity, gen tlemen, to appoint another in my place. For my part, I will not conseut to be made an instrument to accomplish such an object—nor shall I envy auy successor whom’you may send ou such a mis sion. Had your resolution directed mo to repeal or rescind the resolution of the Senate, I would have obeyed your orders, although with great reluc tance. I would, nevertheless, have felt myself constrained to do so by my recognition of jour throw of a free government. Liberty could not co-cxist with such astute of things. There is no upon them,and with a sinceic desire to couform my i liberty >» here thore is no responsibility, aud there conduct to the wishes of the General Assembly, 1 find ! cm i be no resposibility where nothing' is kuowii. it impossible to reconcile the performance of the pre- q«o have a secretary seated at th table of theSc- " c . r ?kf d I tas k. with the obligation* of the solemn oath i nale lo , v ,.;, e down its proceedings, and to claim which I have taken to support the Constitution of the r United Stoles. With whit promptitude I sho.-ldco.n- j fo ‘ * e . "6 h , 1 »» cancel, obliterate, or ex- ply with the instructions of the Legislature, if cotnpli-] l )u,,pe boli.id wntlci.. is equivalent to fcav- auce was j crnmit’tl me, may readily l>e inferred from ; * ,, 6 u # ° journal ai all a uiocKory and a fraud.— iuy past course of conduct; and 1 Leg your indulgence,' 'l lie journal of the morning may .be cancelled in S omleintir, whilst i advert to tlio most prominent inci- j the evening—that of to-day may be expunged on ei cuts of my life, in connection with the great question m morrow—cancel it in any member, (Gov. Barbour.) to vote against rerl.artering i cessary results of okcdicuce to your instructions, ■the Bank of the Uuited States. The first, while he vo-! If that journal contains a transaction discredi ted against the Bank, denied the rigid of the tiwe to instruct him—the last disregarded the prepared, ami the first knowledge of thcTrcason j ri S ,u lo instruct mo. 'That proceeding would might he the explosion, ai.d consequent over- I have reversed ajid annulled tile act complained of. 1 If your object was to vindicate tho President iu • he authority which ho assumed aud still exercis es over tho public money, and esteemed it neces sary in order to do so, to have had your opinions expressed through tne in the Senate Chamber, they should have been faithfully represented.— His vindication, after all, cauuot consist in the T»rm in which it may be urged. It is to be found alone in the legislative expression of opinion; mid even if your declaratipus in his behalf were con fined to yonr own journals, tho historian would not fail to avail himself of them as efficiently as if they stood emblazoned ou the heavens. From my knowledge of you, I am sure that you would not bo willing to pull down the Constitution unneces sarily and without object. In your effort to vindicate tho Presidents you have cast on me, in common with others, the ve ry reproach which you arc pleased to regard so offensive iu reference to him. Yon have publicly. whether by Legisla-; bit* to tiie Sen ate, 1 should preserve it ns a per-1 fu,! { before the world, declared a instrac- i petuni monument uf its disgrace. If to a party j which I voted, to bt “subversive c th. ir ocrrthroie. The resolution thus introduced by me, J once was, and I do not doubt it, to return within passed into other hands, and was substim.cd by oilier j her limits. The execrations of her people would resolves, which ivce finally adopted by the two Hous- 1 be thundered ill my ears. The soil which had esof Assemby by large and overwhelming majorities, j been trod by her heroes nod statesmen, would fur- At die ago of twenty-five 1 took mv M-at indie House u i s h ,jj e no resting place. I-should feel myself of Representatives of the I mted Mates. I he repeal, ^ ' aud howevcr , Ini Ilt SUC ' CC<1 of tbe compensation law foon crunc under discussion. ® ~ ; ,# f „ a . . #• . , 1 came in to sunply a vacancy, and brought with me i 1,1 cw . ,,r ' e,i ,,, P ^J 5 *} 5 ** from the «igut of meo f I c<»ulti Uic wishes of my constituonts in regard to that uica- 1 uu ** 1:1 ,n J* ' * c ' v **■ liiesiilycc!» save tuy^eif from sure. I made them known, and claimed die repeal of (ho upbraidiugs of my own perjured conscience, the law, as due to the well esccriair.cd wishes ol tbe : How could. I return lo mix among her people, to people. This brought into diseiiss.on the obligation share their hospitality and kindness, with ttljs de- of instructions; and 1 contended fur the right, under tiie some restrictions and limiKitio/is as bud been laid down in the resolution before alluded to. I now re affirm the opinion at all times heretofore expressed by me, tiiat instruc tions sre mandatory, provided they do not require a violation of the Constitution or the com mission of an»ct of moral turpitude When acting duration on my bps, “1 have violated my oa'b for office, ami sooner than surropder my place in the Senate, have struck down the Constitution J” Sf the Senate has the right to touch tho journal under instructions, it has a right to do so without. — If to caned a part, a right to expunge the f musketry Uevex o’clock.—The garrison ha* at length come fori. The authorities have given orders to remove the stone of the Constitution. There is a contest be fore the residence of the Captain-Geueral, and it is im possible to approach it on account of tbe firing of musketry, and the charges of cavalry in the surround ing streets, to prevent the rioters from concentrating. In die other quarters the disturbance is increasing: tho National Guards are running in all directions calling to arms! To the Palace square! The Constitution or Death! The town is iu a state of excessive agitation, and there is every reason to apprehend that the uight will not pass over wi'hout some great disaster. Bakckloxica, Jan 12.—This city has not yet recov ered front the effects of the dreadful scenes which were enacted in itonthefivh and 6th, and die accounts from Reus anil Tarragona, two considerable towns near it «n the coast, continue to keep up the public a- Inrm. At the former tho mob were picparing to rise when the lostuicsrcngcr came away, and it is still nn nnderun oatlf, die public agenr, whedier a Senator or | whole. If to use ink from a pen, a right to pom it flora a bottle—to destroy the jcurutil in any o- a Juror, is bound by obligations of a higher aud more controlling character than can proceed frum any earth ly source. The Constitution of die United Mates is the original and primary letter of instructions, supreme overall, and binding upon all. For die agent who is sworn to support it, to violate it knowingly aud iuien- liotially, would *bc an act of the grossest immorality and most unmitigated debasement. Such is the con dition in wliich, in my view of the subject, obedience to your instructions would place me. It is knowi to you, gentlemen, dial on my entering the Benute, die only oath which I took vvasan oaih to support the Con stitution of die Uuited States ; to supnoit it iu ali aud each of its provisions; to yield it neither to force, per suasion or expediency. No matter what ihc object; should its attainment confer upon me the greatest per sonal advantage, still to remain unsedneed—not to touch the forbidden fruit. I entered iuto a covenant with my Creator—to break which, would not fait to S lave in my bosom a I’romethiau vulture, to tear aud evoiir me. The obligation, then, to obey an instruc tion which calls upon me to break that covenant, can not possibly exist. 1 should he uuwordiv tbs confi dence of all honorable men. if 1 couftf be induced, wil der nay circumstances, to commit an act of deliberate Instead of a seat in the Senate, I should ther way- to buru it—to make a bonfire of ali thatis bright and glorious in our history. 1 know it has been said that tbe process directed to be a- dopted by your resolution is not deriguod to ex- ptmgo. 1 cannot beiieve this, and reject it as c- qu-ally injurious to yourself and those you repre sent. You direct tiie words “ Expunged by or der of the Senate.'’ to he written across tho reso lutions ou which you propose lu make war. 1 will not believe that you merely design lo ensnare my conscience—much less will 1 indulge Ibr .a moment, the idea, that yon direct a falsehood to lie recorded by me. Those do uot understand ▼ou who make such ascriptions, aud 1 am uot misled hv them. Tito General Assembly of a proud and lofty State, is incapable of a mere quib ble, and such an one as would disgrace a King's jester. No. gentlemen, the aft which >ou direct to be performed, is designed to he, and is equiva lent to, an actual obliteration in nil its practical re sults. The manner af accomplishing this act of concpllation, is wholly immaterial. In publish- my cars as an indelible mark ofniy baseness—and such resolution ! hits* caui.c licit cannot be published «t» <t would be the sentence which the-laws of Virginia part of jt. Il isoeclared to lie expunged upon it- would pronounce against tne. 1 ou have admitted the tiutii oi U 1 *:? uosition in the alternatives presented in your second 'resolution. Between these alternatives I cannot hesitate to CttoC 60 - ® * 3 nnl S VC *J’ diller- rcsolution for of the rights of the House of Representatives aud the fundamen tal principles of free government.” If you de sign to charge tne with impurity of motive in the vote thus given, yourarcusatioti would Imply the highest censure. But this I do not ascribe to you. You intend to say no.more than that your judge ment and opinion differs from that expressed by me upon the subject out of which grew the reso lution of the Senate, and that the Senate com mitted nn error, which, in its effects is calculated to subvert “She rights of the House of Repre sentatives aud the fundamental principles of free govertmieut. 1 The ceusure which your resolu tion conveys, implies a want of correct judge ment on my part, in voting for that resolution, and nothing more. If this be your meaning, aud I will not permit myself to think otherwise, I am yet to leant how I incur the hazard of subverting “the rights of the House, of Representatives and the fundamental principles of free government.” by having declared in substance, wh.it as a mem ber of the Senate, I did by my vote declare, that the President had mistaken (ns course, and that his conduct was “in derogation of the Con stitution and Jaws.” Have 1 done more in this than you have done in this declaration ? Aud if not. I submit it in all camlc to your dispassion ate judgement to say whether, if 1 .was liable to trial or impeachment before you, you would cou siiler yourselves us having already pronounced upon my guilt in advance ? I should certainly not dream of excepting to you as nn judges, because, resting on my integrity of motive, I should feel confident of ncquittal. There can be no guilt without a criminal design—and I am sure yon would be among the last to ascribe to the Presi dent any'criminality of design.. Am 1 to under stand you as declaring, that because the House of Representatives may originate an impeachment against the President or other officers of the Go vernment, the Senate has no right to express an opiuion as to auy act of the President or such o- therofficer? No matter what may be the act, e- ven if it annihilates tiie powers of the Senate— has it no power inherent in all other bodies, of self protection and defence? A Rrennus may invade fhe body and pluck it by the beard. and all due d- fcrcuce to yourselves, tvhat is to be the condition of a Senator in future, if, for yielding obedience to the wishes of one Legislature, he i« to be called upon to resign by another. If he o- beys the lit si. lie is coutcmned—if lie obeys the last, he violates his oath, and becomes on object of scorn and contempt. I respectfully ask, if this he the mode by which the great right of instruc tion is to he sustained, intty it not degenerate in to an engine of faction—au instrument employed by the outs to get in? Instead of being directed to' noble purposes—to the advancement of the cause of civil liberty—may it uot be converted in to a political gullotine, devoted to the worst ol purposes ? Nor are these anticipations at all weakened by the fact, as it exists »u the case uow under consideration, that several of those who constitute the present majority iu the General As sembly, and who now call upon me to cxpuuge the journal or m resign rpy seat, actually voted for the very resolutions of a previous session to which I have referred. I have thus, gentlemen, with frankness, but without designing offence, expressed to you my o- pinions. With the question, whether the resolu tion of the Senate which you direct to be expung ad, he true nr false, I have nothing in this place to do. If false, to rescind or repeal it. was to annihilate its force ns effectually as to cancel it. You have preferred to adopt a different course.— I dare not touch the journal of tilt Senate. The Constitution lorbids ir. in the midst of ali the agitations of party, I have heretofore stood by that sacred instrument. It is the'only post of ho nor and of safety. I'arlics are continually chang ing. The men of tu-day give place to the trpn of to-mnrrow ■ and the idols which one seijwor- ship, the next destroy. Tho only object of a- ny political worship shall be the Constitution of mjt“couiitry. I will not be the instrument to overthrow it. A seat in the Senate is sufficiently elevated to fill tho measure of any man’s ambi tion ; and as an evidence of tho sincerity of my convictions that yonr resolutions cannot be exe cuted without violating my oath, i surrender into your hands three unexpired yeais of my term. 1 shall carry with tne into retirement, the princi ples which I brought with tno iuto public life— and 1 y the surrender of the high station to which I was called by the voice of the people of Vir ginia, I shall set an example to uiy children, which shall teach them to regard ns nothing, place and office, when either to be attained or held at the sacrifice of honor. I am.gentlemen, your Fellow-Citizen, JOHN TY'I.ER. a , fC0l »M. command of Gen. C.'aiue?, he ,i , ny them. Under these eircumii» U d mined to do so. n8 tauc cs j, e P'/ 1 *- The editor of the Pensacola panerc * * the only prop tuous moment for <hui. ually, as the rainy season comm eral, °5 ef5. * first of March, and for « ZTT a C'/' army will have abundant occupaVoS^' 3 *!*. J* mg against the elements. No^‘7,'" knows these facts belter than G cn r 6 Cnil W, believed, therefore, that it is hi • IDe *- t.-* forward in pursuit ortho Indians 4 *f ia l>4 deuce will allow beh.ro the rai , v / ar a 4nt indices. H v »easou Vt „ Ou reaching the Indian Town •, object of his expedition, G liU . Gai„ J'f 1 ,f ''S it, fires of the savages still burning, i"?' 0 !"*! tit, eu and children, the capture of Jl. l ^ ,r w 0m . considered of considerable imi^Jf ! "NL Tl,c S, Augustine I!c3&*ta<3 wrong impressions had obtained „ 1llas ccting the discharge of tho Florida S' 7 r ' s P- Lusik has authorised the e ,|i, or fo G *t. order did not contemplate the deliver 7 hit glc musket . He also desires the mSL? * **»• sured that it was in a spirit of kind,,! . ,0 h « as- eel that his communication was T aml r ° s P- Hernandez n ' ,0a !o Au express had arrived at M • M’Rqe’g, win. states that he saw a ^st of Indian tracks near Golconda tniil '^n ,IUa,1 ' f ' stis immediately ordered a deiachm , &• to scour the country iu that direction" lr °<»P» "'aT ™,! a - b y w,uer au(l f> a <tBylstad ?Sr ‘ tf i hc following paragraphs are fro m ^ - gusttne Herald : *5tAc- Gcn. Gaines.,vc learn had joined Gen r,- with IiOO men on the 21th Fclsrua-- f- R ‘ pa Ray via the upper crossing of -hT w-?*’ .t hy, had smarted hack again for T ...„ ,!li r ays provisions, by the lower ernsd. cooc 8 day understand that Gen. Gaines came ilims*, 6 scene of tho massacre of the gallant Dad^ mntid, and that they found and hi es SEilimOLE WAR! fare. But if in this 1 could possibly tic mistirkeii —if. alter all. it is merely child’s play—the mak ing a few flourishes, aud putting the Secretary of the Senate to the trouble to write n few unmoaii- enccof opinion between the repre?e^ !a livo cod ton- j | n .fard9i the question would not be changed.— Htilneiit, that the constitncui would necessarily rcqnire ” «. a , j s the so shall it be kept, unaher tlifk SueiirnSt'iAM r.P tlui wmviicnntntii I., ■ I... t/UITli - •* , • — the resignation of tlic representative. Iu die course of a somewhat long political life, it must hav» occur red that my opinions have been variant from the opin ions of those I represent; but in -presenting to me the alternative of resignation in this instance, you give tne to be distinctly informed that die accomplishment of your object is regarded as of such primary importance, that my resignation is desired, if compliance cannot be yielded. I am bonnd to consider you, as in this, fairly rcpiescutmg tho sentiments of our common constitu certain whether tho authorities were enabled to pre- cnts , the People or Virginia, to whom alone “911 are rcrvD order or not, and at the latter the lives of die amenable if j-on have mista!.'iii their wishes. *AIy no- (.arhst prisoners wero alone saved by the noble inter- 1 ^ - - -■ • — • « * J 1 position of Lord Inscstre. in di Tyne, who, hearing ol tne intention of the brutal p—cpfo to murder them, hastened to offer his services to the Governor, and a- proed to receive them on board his ship if dioy would claim his protection. The authorities were willing to yield, but they dreaded the mob vengeance, and they ware absolutely compelled to couic to terms with the leaders of tho riot, who, after a long parley, permitted the pri .oners to be placed out of.their reach, on condi- :i.>n that terty inhabitants, of whom they handed in a list, should be compelled to leave die town at half an hour’s notice; and diis dishonorable treaty was entcr- «• 1 iuto— the nrtoTjndtng fathers of families separated from their homes, and the inter f •laughter! ed in a letter, tinCi?*»ged in a comma—tho same yet. according to this, it has 110 authority to strike. Go to that venerable Patriarch of Montpelier. (Mr. Madison.) nud a£,k him whether, iu framing the Constitution, ho designed that the Senate should be a mere motionless stock, or <1 vigilant sentinel to give notice of tbe approach of danger that very Constitution which it is sworn to sup port—whether the Representatives of the sove reign .States are such mere automata as to move as it now is. “to the last * viable of recorded bnly u hod! hey are bidden, and to sit in their pla- tiinc.” Such is tho fiat of, the Constitution.— ‘ “ ''' * * 4 L'.aded victims saved from MEXICO AND TEXAS. N» 'v-Oni.i:Ass, Mareh5. trailq.iility, and coaUinuO intelligence of the rising a- gainst Acapulco. Btu vve have received the following extract of 11 private letter. » .Mrxtco, 27th January. T1!j not hnow wbst to make of die political affairs of this country atlhe present lime. There is n great td'< of a promtitbiutniiuq in die Toutlis that Acapul co Is taken, that Aivatw aud liravn have joined and declared for die federation, left mates left here this morning with tnatiey am! ammunition for that quarter, ni»J yontrrkiy J>0 : > men marched also. It is generally heiioved that Santa Anna will return to Mexico im- mediately, in consequence of such movement. On tli», 1st of February, 9anta Anna writes from. U.dtilln. where he winf then encamped, to a gentleman of this city. Unit he would conquer and could cosily vanitiislt die To.rians. But it is uot likely loathe will lead the army in person. Bosnia will command one division, mid (’os another, and tho clucf conimnnd i * raid lo he given to Urrea. The march was towards Goliad hv Matemoros. Tiu Mexican government has purchased two ves sels at Jautair.a to cruise off the coast of Texas; and Bangui, the>p resident pm tent, issued a decree on the Idih at' J ciliary, declaring the ports of Galveston and .MatagorJas elo-od to all coastwise trade in 30 days af terwards; mid to foreign commerce in 90 days—tbe uib.trgn to be continued during the war with I'cXh.s. The Mexican congress baa declared tbe war with 'ffsaas to he a national contest against insurgents, and issued alow establishing military ordi rsof honor to lie ciiitforrsd on tliote wh » distitiguish themselves iu the contest.— &c*. sition in regard to this whole subject, is of a character to preclude me from going into abstractions. I do not hesitate, on the contrary, to declare that, if you had, as the neredited organs of the people, addressed me a re quest to vacate tny scat in the Senate, your request would have had with me the force of law—not a day or on hour could I desire to 1 email) in the Senate be yond that hour wherein I came to bo informed that it was the settled wish of the people of Virginia that I should retire from their service. That people have honored me with the highest offices withiu their gift — If the talents which I have brought into their service be humble,-1 shall have at least brought fidelity to their interest*. No where else have 1 looked for reward, but to their approbation. I have served under four Administrations, and might doubtlessly, by 11 course of subserviency and sycophancy, have obtained what is culled by sonic preferment. 'But what eottld have compensated for tne baseness of tny prostitution, and •ho betrayal of confidence reposed in uie by a gener ous people. Tho Executive files furnish no record of my tiamo as an applicant for any of the crumbs which have fallen from the Executive table. 1 repeat, that I have looked exclusively to the people of Virginia; and when they have extended to mo their confidence for twenty-odd years—when I am indebted to-thciu for whatsoever of credit and standing I possess in the world, I cannot and will not permit myself to remain deputy 1 monneallli ol Virginia who would execute such an order in regard to his records. The people would benlivetothe question, and in vindication of their rights, would Lrpvn&e the Court sooner than permit the records containing the titles to their estates 1C !* cancelled in mty mautier what ever. They surely* cati,*^! take less interest in the preservation ot the CC'UStlluP on » 'fi c great chatter of oil their rights. Tbe effort Las been made to bunt up precedents to justify this net. The pages of English Parlia mentary histoiy have been rntisackedC and au ar ray has becu made of examples drawn from tho times of the Jameses and Georges of England— With equal force might examples Im quoted to justify an Amertcan President in exeeuliug capi tally a citizen of any ouo of the States without the form of a trial. He might equally be justified in tho use of the how-s'.ring, because such is the power of the Grand rieiguor. The power of the English Parli; nient is unlimited. Bo is that of many of the Mates of this Union, iu regard to this partirulor subject. No prccedeut can have force to overthrow an express enactment of the Constitution. Under its provision, the Senaio is ces like statues, to rrcor'u ypeh edicts as may come to them? if the President recommend: e mea sure which tho Senate believes impolitic, shall .'! not say so? So, if he adopts a course which he may believe to be correct, but which the Senate thinks unzoustitutioiial—umy it no: say $0? Aud does its sodeclaring tend to subvert or to support “tho' fundamental principles of freo govern mctit?” You surely can be ot no loss to decide. The Senate,in the instance of the late Postrnas- ic* General, (.Mr. Barry,) who bad contracted loans in his ointrin! character for ths use of his Dcpat ttnrnt without anthon-'j - : declared by an u- ntmimous tote, that his proceedings nt this respect were in violation of the Constitution—ancijr? 1 r -° complaint has ever becu uttered ngaiust that re solution of the Senate, flow comes it about that anathemas have not hecu thun tered iu the ears of the Senate because of that vote? Why is not that ordered to he expunged ? M hy is nuiThat also declared to bo “ subversive of the rights of tho House of Representatives, and cf the luuda mental principles of free government? is not tho error as vital when it afle<-ts William T. Bar ry, ns when it affects Andrew Jacksou ? If so, every tnolivo of generosity prompted au inter ference in behalf of the first. He was powerless, that Constitution, 1 would go to Virginia for bright and glorious examples to conduct tne iu safety. Thu first iu point of prominence, altho’ uot iii point of time, is the course nitcmptod to in tbe Senate for a moment beyond the time that their ? “dopted by tne kmg s party ... the Honoof ftccrFdited organs shall instruct iuc that iuy services Burgesses, m 1/6-1, as to the cclebr.Ueo resolu- nrc no longer acceptable. If gratitude t« r the past did Uuus uf Patrick lle^ry, of that period, i ntse directed to keep a journal of its proceeding$2- and is now in his grave. 1 had a personal regard If 1 were permitted to look elsewhere thou to for Mr. Barry, llo was talented, and his fault MEXICO. Taa M «a|uiitx. Cap: < arrivcJ at N. York, 'ir'.ngs inteiljc. aco from Vera Cruz to Feb. 7. She tin,-.. • ur r - , “.nt ofrprrio, ehig part of^LOll,- uot. iny own conscious wenkness would comrol my course. What would it profit the country or myself, for me to remain in t! o Senate against their wishes ? By retaining my place in opposition to their fixed, de clared and settled will, I should aid no cause—advance no^reat purpose—bn powerless for good, and provoke only to harm—reposing on my feeble stnnigth. 1 should vaiuiy flutter mys-elf that I could, with my single arm, sustain the Constitution, and keen back wlmt I inq ht consider the tide of error, when, in very trnih, I should but excite the popular prejudices more strongly, and imminently endanger the Constitution hv my very ef forts to sustain it. In resigning then, gentlemen, into your hands, my place it. the Senate of die United States, to whirh I was culled by yonr predecessors, I trust I sli.di le in dulged in 0 brief exposition of the reasons wbi< h have resolutions were declaratory of the rights of Bri tish America. After their ndoption. many of those who voted for jjictn left the city of Will iamsburg, thereby giving tbe opposite party tho accidental ascendancy < and they immediately formed the tesoliitiou to expunge them from the journal. But by a stroke of policy as bold as it was successful, Mr. Heury saved those resolutions from being expunged, which form at this day one of tiielirightest pages of Virginia history, nud re- ro.dcd oa any innn's tomb would etcruizo his fan'". And v et, to expunge them from the jour nal. was regatded as much at. act of duty hy those who proposed it, us you, gentlemen, can esteem it to be in the ease under consideration. They led me to the conclusion, Unit to obey vottr in<tructions ! htth d- nml my prayer, as a citizen of a free couu- would be to violate the Constitution of the United j ,r }’ **• '“ 3t J' ou ,ou m a J' be unsv.eecsflu 1 vour States. I shall do so boldly and fearlessly, but with all posterity may have good cause to rejoice to your becoming respect, and with nil tbe brevity in tny pow-1 failure. rr.—Tho Semite is ordered hy the Congress to http a Auolbc’r example, almost as .ijustrious, is to be journal of its proceedings, and topMishitfram time to f„,unl in the cou'tuct uf Robert Bevcrlv, during tine. TbU h^licm is l!ms solenndy imposed npdn | the adi* lih-watioii j>f Urd Culpeper. 'Tiie his- the aggregate body, and on each individual Senator.— Whatever shall be done, shall be fiiiilifi.lly recorded by the Secretary, and shall be foithfully kept—not for aii hour, and then to be defaced—not for a day, and then to be erased; not fora year, and then to be expunged —but forever, as s perpetual wiutCFs, • faithful history, lory of the i.uideu s of that transaction are not only insiructivcbut highly iuterestii.g. Lord Cul peper. nrn.ed with :.ll the authority of tho King of England, his master, orderod that a resolution adopted by the Honse of Burgesses during tho lay in being too confiding. Honest linos-If, he did not suspect others, and they deceived him.— This was the rock on which lie split. Iu voting for that resolution I did not desigu to impute to bin. moral guilt: I did not believe it—I designed nothing more than to vindicate the Constitution. I thought that in so doing I gave support to “ the fundamental principles of free govertmieut,” aud never once dreamed that I had done nt. act in the remotest degree “subversive of tho tights of the 1 louse of Representatives. Rutsay that in all this I was w rong. In vo ting fur the resolution of tho Senate, against which you arc now so indignant, I did no more thau carry out the people’s derlarcd views of th« Legislature, as expressed it. their resolutions of that day, and which were passed by ovcrvvlicim- uiug majorities of more thau two to nuo iu both houses. The terms employed by the Legislature wero strong and decided. Tho conduct of the President was represented as dangerous and a- lartniug. I was told that it could uot bo too strong ly condemned—that ho had manifested a dispo sition greatly to extend hi? official influence—aud because, with these declarations before me, I vo ted for a resolution whirh declares “ that the President iu the lato Executive proceedings, has assumed upon himself authority and power not conferred by the Constitution aud Laws, but in derogntiou of both.” I am not catechised by your fiat, which requires obedience or resignation.— Compare the resolutions of tho General Assem bly of thatdav with the above resolution, and its mildness will be entirely obvious. I subijijl, with From the Charleston Courier 9th inst. FROM ST. AUGUSTINE. Anotlict* Buttle with the Indians. JWfejor Hade, fits officers and snesz buried* The' Pclir. S. S. Aid Is, Cant. Spufbtviek, ar rived hero yesterday morning front St Augustine by which vessel tvp received the St Augustine Herald of the 2nd inst. and aLo the following extra slip, dated G:h iast. '•Office of the Herald, > St Augustine, March 6. ) ••The express rider who started from tins yes terday ntoriiing for INcolata, and returned last night, states that he was shot a, by a party of In dians, In or 20 in number, as be supposes; litres of them fired their rifles, the balls passing through the.top of his crip, lie storied again for .Picobi- ta, aud arrived ssfe there this piorniijg, “A negro man belonging to Mr Purely, came in this, afternoon, repons that he saw nine Ind ians at hra master’s house, about daylight, tins morning; their tracks aro seen on this road jn several places; and scouting parties have been out. but owiug to the numerous swamps and thickets, aud their activity, it is very difficult to intercept them, and ns yet. uoue of them' have been taken. “An affirm was given in the encampment of Voluureers. about 2 miles from town last night. Itissnid mi Indian was seen a.id fired upon by one of the sentinels; and n'sn hy tho officer of the guard, aud chased for half a mile, when he escaped into a thicket ” “'i’he following extract of a letter to a geutlc- tnnn in this city, gives a more particular account of the hair breadth escape made by the express , “St Augustins .March5—A mart named Prime lielougiug to Dr Company, and another . white man mid a negro, left here for Picolata.express. A frer proceeding about II miles, while passing through a small thicket, about 15 Indians sprang out in the road, and fired upon thorn. Prime had oue ball through his hat, one through his coat, aud while timing to make his escape^ a shot pussed-througli the back of his coat, and another cut tbe front of bis pantaloons—the two in company w ith him beiug behind, were not so tnueh exposed. The white man had a bal 1 pass through his coat. The three escaped, uninjured, and re iciied here last evening. The Indians were within 15 or 20 paces of Prime when they fired at him. and to this may be at tributed his almost nrir .culous escape.” Rattle with the Indians. Tho St Uugustine Herald contains the follow ing account of a most severe engagement be tween Gcn• Gaines and tho Indians; and also gives information that the re n) a las of tho gallant detachment of U. S. troops, under command of .Major Dade, who were massacred hy thp Indi ans. had been discovered, and wo have the mel ancholy satisfaction of knowing that they were decentfy{huried by their comrades m arms. Wchavc been favored with the sight of sever al letters from ril Augustine, which gives some tiif.lher details of tho above engagement, the substance of which, we give without vouching for their correctness, as the accounts appear to ho much confused. The letter says Gen Gaines had been 2 days engaged with the Indians (1500 iu number.) af Witlilacoochy; that in consequence of being short of ammunition, he was loading his field pieces with trace chains and firing them nt tho Indians with tremendous effect—Slid that he had scut to Geu. Clinch for a reinforcement, who could uot grant it without orders from Gen. Scott. Another letter states that between, two and three hundred of the Indians had been killed, when the express left Fori Dranc, and tho en gagement still continued: that Gen. Gaines had written to Geu. Cliuch. to send him 300 mount ed men and provisions, and hcjwould put an end to the war. The writer expresses an opinion that this rciurorecmcin would not lie sent on, as some jealousy existed between Gcn. Scott and Gaines, aud that the hitter was acting on his own responsibility, without orders. A postscript to this letter informs that six of Gen. Gaines’men bail been killed, ami 50 wouu- detl. after fighting 3days. Another letter says our troops fought the Ind ians for two days across the river, and ou the day, having formed au entrenched eatnp. procee ded with 200 men fvr the purpose of enticing them across die Withlacooehy. lie succeeded, and the Indians attacked him in his entrenched camp, when ho committed great slaughter am ong them, having killed 300 of tlioir number.— Oue of the officers said to be wounded ou our side is Lieut Izard. The Force of Gcn. Gaines is stated to have been composed of militia front Alabama and Louisiana, Tho Pensacola Gazette of fhe 27th ult. states that when Gen. Gaines reached that place, on his way from New Orlenus to Tampa Bay, he received orders to repair to the Mexican frontier, to w hich poiui.it seems, the 6th reg't of Infantry has been ordered. On this fact being made known to the troops aud Volunteers, the latter manifested much dissatisfaction, and insisted, that as they hud volunteered Jo go under the I nuans attar!:. . :sco la . of/ officers nud 1)3 men. 1; is seven of the fated hand bad erawfod • ,i ^ 1 ished in the woods, or were tnn e n prisore^ 1 ^' The ceremony of consigning them » &• graves is representod a, solemn a and the effect produced upon those such as never will be f ,rg )ttPa . B*W * was recognized. The Indians h i! n 'ot tai their clothes nor their jewelry. Tiny !, „(. ■ ta away their arms and belts, but bad |J‘-■'ri- triilgo boxes. An express arrived here front Picoiata t],h-t ternonii, from whom wo b arn i! ;it it iva ■-* rently reported there, that (ieu. Gaines b„i | n bat'tlr at or near the Ouitblaoeorliv. oa '. '■'■l turn; that the first day the troops 'V oils were on opposite sides of the river, ami it." on the. night of the third day , the cd the carap of Gen. Gaines and that been 40 of nor men killed and wounded. V.'j believe the report to be true, though ive Lave n knowledge from official sources. _ IV H.—Since writing the above we learn of:, eialiy that Gen Gaines had been attacked mul e- night of ttieikhb February, by a bon! !;,00 : nt jj! mis as he supposes, and after two hours hard fighting he succeeded in heating them ejf. 'fj, 0 loss on our side is four killed ami CO wounded the latter two officers- Geu Oaii.es is iu a genius situation ; to use his own expression,-Idj wounded arc increasing a id his horses dowst- iug.‘ He is short os' provisions, and e-.itrecr’acd and surrounded by the enemy. On Friday last. Jim a free black, and Carlos a slave, went in the country iu the neigid.nrliond of Pahjika, ir. drive iu some ealtie for.’.Ir Solano. They had collected 15 head, and were relurninj: with (l)em, when in crossing Deep Cr ek they were surrpntided by a party uf IM-liaivs, 22 i,: auudier, and made prisoners, about m.-on r,n Saturday. Tbe Indians travelled with tlirnir.n- ti! dark, when t!n*y encamped. iin:I killed ,-i betf. aud feasted sung and danced several hours, they all got r.sleep and the negroes nn.de their escips and arrived io town on Afoaday night ahost l<) o’clock haviug travelled through liir ivomh all the way,* and avoided ovary path. Jin state* that he discovered veryTeaeut ftidian rr-wks at one place where lie crossed the road, wldcuiu- dured hint still to keep off iu the woods am! to travel through she swamps and ponds. Jim bn resided among the Indians for some years a.nJ has a'thorough.knowledge nftht ’r language aid customs, to which he attributes his escape, siri that of G’ntlos his cotniiatiioi!. lie pncfirel considerable duplicity wiih them, represcatiig his wiRingtsess to go with them ami he il -k slave, was glad to get with them again, ami jci- iin ! iu their songs and dances. Tl:i» tlirc.v llvra off their guard, and a liule occasional advjcs t» his comjiauion how to act, enabled them toma'.s, ihcli escape. Jim s.'ixs that they were boasting of their ex ploits, ami told them of killing .Mr Woodruff. Lleuovar and Hatch. Tiie Indian who hiked Llcuovar and Hatch, near Picolata, bad :i crook ed leg, but does not know his name. TheoM who killed Mr Woodruff at Spring Gardce, wu known bv tho name o<‘ M’Konsie. tiie s-j!i of a ball'breed of rite same name. They statedjlsst they ha l received information of iim br.t.jo»' Dunn Lawton, and that Ben Wiggins had Ldro six Indians; and they meant to have !.'.’ -ocalp- They also expressed a determination to siiec 1 Jack Forester, who was also engaged in'ibat baule. because he had deserted them aud jo'uel the Whites. They stated also that one hundred soldiers had heenktlcd at Withlacooehy. am! tto Indians hail taken away their “i.ig gmi,” s ,JU chopped the wood work to pieces with an :1XC ' aud burned it. They eitquiicd how rainy peo ple wero at St Augustine, aud how many at I’ 1 " eolatn. They It ! seen a gun b-»at go up to? Johns river, and had fired several gun* im° Ilie swamp some distance above where diry wrtt - It was with some difficulty that they could prevented from shooting Catlos; They had di>- covered him w hen he iode an express ’o Iviug, and they attempted to cut bint ou 11 could uot succeed. ,i Many doubt tiie truth ofthese sta f cmei:H »j • think tlieso are mero 6tnbc!li>lnneius t» f'. veucure; but wo sire inclined to believe thcai, j are two particular to be false. We have 1 , the tale ft om Jim’s own lips repeatedly, a!lli '|'," very little variation, and none in the io ol ' e u '- oi taut details. . j:. Two companies of 80 men each,were ,m atcly ordered to scour the country iu that < ■ tion, aud it is to be hoped that they win llu perm-.ued to aci.ur. .. v Capt Elmore’s company .S. C. Volte* Lieut Irving's company of II. S. Arlillr fX ’ ^ compauied by Capt Cai ncbt. U. B. • . n Lieut. Brundiy, sailed on the 27tl» -t the slcntnbtiat Santee, to establish a ‘bT 1 " , ;j Volusia. O:* the return of the steam’P ' was fired upon by h party of six /' 1 . d,a '' | Is ( 0 d- five miles above Paimka. Oueoftlio,. - god in the Captain's berth The tire was ^ ned by those on board, but without c | ' ne . no doubt is the same party who teak die . [ u| ^ groes prisoners, on Saturday last, sis 1 , ( . t o few miles from their eucampuneut, au '■ ) days afterwards. r ;. T( l io Geu. Bull of the S. C. Milma. ar ^.. mllC j town on Sunday last, and imaiediricy the com m a ml of his brigade. 1baik- We regret to learn that the Measles. • ^ yol- eu out in Capt Barker’s company. ' 5 i* ameers,stationed at Ft Josephs t0 stnt® caso? had occurred, btrt we arc b a Pfy that they aro all convalesreot- . . ff jik The steamboat Dolphin, Cap* L Cl nn- two com pontes of U- S. troops* ’J 0 ' -tjjt, U> maud of Alajor Kirhy. sailed.on * t!0S ‘ h 'jjalifr* take post at Williams’ plantation. <m i e natth? r * river, for tho purposeofestablishing <» r