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THE CONSTITUTIONALIST.
PUBLISHED BY
JAMES GARDNER.
JAMES T. KESBlT—Editor.
office on Mclntosh street. * ___
Htto DOOM iraon THE soil"-' 1 * 1 oomiti* or m»u> sik*t.
TERMS. oo-
Daily Id advance 7 00
If not In advance o 00
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'wiU *be spin ov 'ixwka' mil As’ the' money
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AUGUSTA, GrA.
~ WEDNESDAY, APRIL 14, 1858.
We have placed in the hands of Thaddkus
Oakma s, Esq., for collection, a large amount in
accounts and notes due this office, and hope his
calls will be promptly responded to.
The Election Monday.
The following is the result of the election held
in this city, on Monday, for Mayor and Members
of Council:
tor Mayor. B. Conley. SealUmng.
Ist Ward US
2d. “ 95 36
3d. 44 H 2 9
4th. 44 208 8
Total 563 53
MEMBERS OP COUNCIL —FIRST WARD.
Democrats. 1 Know Nothings.
J. E. Macmurphy... .107 | *F. Blodget, Jr... .158
Jas. T. Gardiner 73 *W. H. Tutt 136
S. D. Heard 87 | *J. 0. Clarke 132
SECOND WARD.
*J. D. Smith 117 I *Jas. M. Dye 106
*J. G. Sledge 96 G. W. Evans 94
M. N. DeLettre 92 | R. J. Bo we 65
THIRD WARD.
No candidates. J *L. 1). Ford 109
*R. H. May 107
I *W. E. Dearing.. .105
FOURTH WARD.
C. A. Platt ....145 I *B. F. Hall 219
James Garigau 109 *W. V. Keener... .178
W. H. Salisbury 108 | *H. Rigby 171
All marked with a * are elected.
Strawberries.
The Savannah News of Monday says:
41 We had the pleasure of receiving yesterday
morning from a new source, ‘Myrtle Grove Garden,’
two and-a-half miles from this city, a basket of
strawberries, and thiy proved as tine in quality as
they were in appearance. They were sent us by
out old friend, Mr. Wm. Haines, late of Augusta,
who has located here, with the view of establish
ing permanently a large garden and fruit orchard,
to supply the local as well as northern demand,
and being associated with one of our most worthy
citizens, Dr. J. M. Schley, we trust the enterprise
may be abundantly successful, receiving the liber
al patronage of the community.”
Some of the farmers of this locality will com
mence supplying the Augusta market to-day or
to-morrow. Mr. Phinster, near Dean’s Bridge,
is generally first in market.
Death of Charles 11. Patterson.
The Savannah News, of yesterday, says that Mr.
Charles B. Patterson, a well known citizen of
Savannah, died about 11 o’clock last Saturday
night, quite suddenly. He was apparently as well
as usual at iea time, and for several hours after.
Between 10 and 11 o’clock he complained of a
headache, and in a few moments expired.
The Disagreement ot the two Houses
upon the Kansas Bill.
The House of Representatives, on Thursday
last, as our readers are aware, voted to adhere to
their amendment to the Senate bill, for the admis
sion of Kansas into the Union. Marshall, of
Kentucky, had paired with Bowie, of Maryland,
and their names consequently do not appear in
the record of yeas and nays, but with ttifs excep
tion, the vote on Thursday was the same as that
by which the Crittbnden-Montgomkry substitute
.was first adopted by the House. The Senate had
adjourned to Monday, before the bill reached it
from the House, but it is probable that it was re
ceived on yesterday, and that ere this, the Senate
has asked a conference with the House, in order if
possible to reconcile their differences in reference
to it. The custom which has been heretofore in
variably observed, is to grant a conference, when
ever it is requested, aud we presume that the
House will not violate this custom, but promptly
appoint a committee, to confer with one from the
Senate, and attempt an adjustment of the difficul
ty. The friends of the Senate bill, it is stated, are
still confident of its success in the House ; but we
can see no reason for their confidence, and no way
in which an accommodation can be effected, ex
cept by concessions on the part of the Democracy
and of the South, which nevre ought to be made.
Port Royal and Hamburg Railroad.
A meeting was recently held at Barnwell 0. H.
for the purpose of hearing an address by Mr.
George Elliott, of Beaufort, on the subject of
the proposed railroad.
The meeting was duly organised, and from the
report of the proceedings, which we fiud in the
Barnwell Sentinel of the 10th instant, we extract
the following:
“Mr. Elliott demonstrated the fitness of Port
Royal, on account of its magnificent harbor (hav
ing great depth and extent) to be the great future
commercial metropolis of the South. In reply to
the objection that the trade of the country was
now unalterably fixed in certain channels, and that
it would be impossible to change its direction, he
cited the examples of Colchis and Syre, of Alex
andria and Carthage in ancient, and of Amster
dam and Antwerp in modern times, as demonstra
tive proofs that the great centres of commerce are
only permanent and fixed so long as the necessi
ties of trade and the laws of progress do not re
quire their translation to other ana more eligible
localities. The great city of Liverpool was noth
ing but a fishing hamlet in 1(100, and the present
flourishing city of San Francisco was but yester
day under the feeble dominion of Mexico, a mere
harbor of refuge for our Pacific whalers. In like
manner, under the hearty and resistless will of
southern men. Port Royal was destined to become
the grand commercial metropolis of the South. The
eloquent speaker concluded his remarks by a
strong appeal to those present to put their ener
gies to work for tne speedy and successful accom
plishment of this great enterprise.”
After the address, a committee of twenty-five
was appointed to canvass the district, to secure
the l ight of way, and also subscriptions for the
Port Royal railroad.
Interesting to Slaveholders.—A white man
was lately convicted in Georgia for the murder of
a slave, and another case has just transpired in
Vicksburg, Mississippi. A mau named Daven
port, charged with killing a slave, was convicted
of manslaughter and sentenced to seven years hard
labor in the penitentiary. The Vicksburg Whig
says:
This was a case of some importance to the slave
holders. The accused was au overseer, and plead
ed in his defense that the slave was resisting his
authority when he gave the blow causing death.
We learn his Honor, Judge Yerger, at the instance
of the State, charged the jury to the effect: That
the slave, when his life was threatened or endan
gered by the infliction of cruel and unusual punish
ment, had the right to resist, even the master, and
that his resistance, under such circumstances,
would be no justification to tha accused for killing
him. 6
James T. Brady, the distinguished lawyer, gave
a lecture in New‘York, on Thursday evening, on
the legal disabilities ot women. He advocated a
relaxation of the divorce laws, an increase of the
privileges, personal and pecuniary, of married
women, and an extension of the right of suffrage
to single women.
Kansas Constitutional Convention.
The legislature of the Territory of Kansas, at
its last session, as our readers are aware, passed
an act providing for an election of delegates to a
convention to be held at Minneola on the 23rd of
March, tef frame a Constitution and State govern
ment. The election was held, free State men only
participating in it, and the convention, seventy-four
delegates being in attendance, convened at Minne
ola on the 23rd ultimo, and was organished by the
election of the notorious Jim Lane as President, and
of S. F. Tappan as Secretary, Gen. Lane stating
on taking the chair that he had only sought the
honor conferred upon him as an endorsement of
his course by the people of Kansas; and that he
should resign it before the convention proceeded
to business.
The first business submitted to the convention
was a motion to adjoftrn to Lawrence. This led
to a long and stprmy discussion, which disclosed
the fact that there was a large party in the conven
tion' determined to thwart the schemes of those
who, by bribery and corruption, had secured from
the legislature the location of the Capitol at Min
neola, and that this party was divided, by the con
flicting interests of its members, in the towns of
Lawrence, Topeka and Leavenworth. After a pro
tracted session and a narrow escape from a vio
lent dissolution, the convention adjourned, to meet
at Leavenworth, on the evening of the 25th of
March.
From the correspondence and telegraphic dis
patches of our exchanges we extract the following
account of the proceedings of the convention, after
its re-assembling at Leavenworth :
Mr. Ewing, of Lawrence, made a motion contem
plating the appointment of sixteen standing com
mittees by the President, to draft different articles
of the Constitution.
While the motion was under discussion, the at
tention of the convention was called to the follow
ing resolution, which was referred to a special com
mittee during its session at Minneola:
“ Re soloed, That the instrument known as the
Topeka Constitution be adopted os the work of
this convention, with the single erasure of the
clause prohibiting amendments, and that a com
mittee of fifteen be elected by ballot to prepare a
schedule and attach it thereto providing for an
organization of the government under the same.”
The committee to whom the above resolution
was referred, reported as follows :
“To appoint sixteen committees, consisting of
seven members each, upon the following named
subjects: Preamble and Bill of Rights; Elective
Franchise; Legislative Department; Executive;
Judiciary ; Jurisprudence ; Education ; Public In
stitutions; Public Debt and Public Works; Mili
tia; Finance and Taxation ; Corporations; Amend
ments ; Miscellaneous Matter; Banks and Curren
cy ; Schedule.”
Mr. Walden, of Quindaro, moved that a commit
tee of seven be appointed to prepare an address to
the people of the country, to be sent with the Con
stitution to Congress, which was concurred in by
the convention.
A committee was also appointed to prepare a
protest or remonstrance against the admission of
Kansas into the Union under the Lecompton Con
stitution. to be presented to Congress.
On the 26th, Gen. Lane peremptorily resigned
he chair as its presiding officer. In bis valedicto
ry address he thus alluded to the instrument known
os the Topeka Constitution :
44 The Topeka government, he firmly believed,
was all that saved Kansas from the chains of
slavery. If members W' uld look deep down into
the recesses of their hearts, below the little film
of prejudice, they would acknowledge this to be
true. Yet it had become a thing accursed in the
estimation of some, and as he had been prominent
lv identified with it, he resigned his position in
tliis convention, that all might be harmonious.
This consideration alone it was which caused his
present willingness, his desire to see the two Con
stitutions and the two governments kept entirely
separate and distinct.
“Who, continued the General, that has read
the news ot the day, does not know that the Lc
comptou constitution is deack aud damned? He
wanted nothing in the Constitution about to be
framed objectionable to any free-state man, but
(everything to entice a full vote of the people—that
it might be sent to Washington with an endorse
ment as nearly unanimous as possible. He be
lieved that Congress, by that time, as well as the
whole country, would be glad to receive it, even
with Jim Lane’s name attached, but he didn’t
wanthis name to stand first at the head of
the signatures as president of the convention,
because that would only elicit an extra volley of
oaths; and, for his part, he was unwilling to run
the risk of damning any more souls than strictly
necessary.
4 ‘Go on, gentlemen, said the General, frame
your Constitution under the auspices of another
president, and what you can consistently work in
of Topeka, do so. 1 ask it not so much for the
living as for the dead. The soil of Kansas con
tains the bones of five hundred martyrs who fell
beneath the Topeka banner fighting for your rights
and for those of humanity. Let it be shown that
their cause and their memory are alike consecrated
in our hearts.”
Judge M. F. Conway, of Lawrence, was chosen
president of the convention’to fill the vacancy
caused by the resignation of Gen. Lane.
On the 27th the convention did no business of
importance; and adjourned, after a brief session,
to the following Monday.
The result of the convention, as it is announced
by telegraph, is the adoption of a remonstrance to
be forwarded to Washington, against the admis-,
sion of Kansas under the Lecompton Constitution,
of a bill of rights, identical with that attached to
the Topeka Constitution, and of a State Constitu
tion, which is to be submitted to a vote of the peo
ple, on the third Tuesday in May, at which time,
it is also provided that the election for State offi
cers under it shall be held. When this election
takes place the people of Kansas will have three
I Constitutions, and three different sets of State of
ficers.
The action of this last of the constitutional con
ventions of Kansas, like everything else accom
plished by the free State men of the Territory
since its first organization, is irregular and illegal.
The act under which it was convened was not
signed by the Governor. Its legality, under the
organic act of the Territory, depends upon the
length of time it remained in his possession before
the final adjournment of the legislature. The free
State men contend that it was in his possession
three days and three-quarters—the Governor con
tends that three days had not elapsed after it was
presented to him, before the legislature adjourned.
This is the opinion of the Attorney General of the
United States, as may be seen by the correspond
ence which we subjoin:
GENERAL CASS TO GOVERNOR DENVER.
Department of State, ]
Washington, March 13, 1858. f
Sir: It having been understood that some doubts
had arisen in Kansas concerning the proper con
struction of the last clause in the 24th section of
the organic law of that Territory, I herewith trans
mit for your information a copy of the opinion of
the Attorney General upon that subject. I am,
sir, very respectfully, your obedient servant,
Lewis Cass.
MR. BLACK TO MR. CASS.
Attorney General’s Office, )
March 10, 1858. J
Sir: The question you propounded to me is on
the construction of the following clause in the act
organising and establishing the Territorial Gov
ernment of Kansas: “If any bill shall not be re
turned by the Governor within three days, (Sun
days excepted) after it shall have been presented
to him, the same shall be a law in like manner as
if he had signed it, unless the Assembly, by ad
journing, prevent its return, in which case it shall
not be a law.” Does this bill give to the Gov
ernor three clear days to consider a bill? Oris
he bound to return it on the third day, counting
in the day on which it is presented as one of the
three?
It is the universal rule in the computation of time
for legal purposes not to notice fractions of a day.
When the law allows a thing to be done within a
certain number of days, you cannot take a frac
tional part of one day at the beginning and add it
to another fraction at the end in order to make up
one whole day. But whether the fraction at the
commencement of the time shall be counted as a
whole day, or whether it shall be excluded from the
calculation altogether, was a much vexed question
on which both the English judges and the doctors
of the civil law disputed so long and so earnestly
that it was called the controoereiu omtrovertissimma
(18 How., 158.) The weight of the judicial author
ities in England, especially in the more recent
cases, is in favor of the doctrine which excludes
the first day from the count Chittysums up their
eflects by pronouncing that to be the modern rule
of construction. (Gen. R.109:|10.) In this country,
although there may be cases in which the peculiar
a statute or a contract would require the
first to be counted, it may safely be declared
as the settled law, universally understood and ac
cepted, that a fractional part of the day from
which time is computed cannot be counted at all
A leate of land for one year from the first of Aprii
does not expire until the first day of April follow
ing. It would expire on the 31st of March, if the
dav on which the term began were not excluded
When a bill is payable ten days after sight the
day of presentation is not one of the ten. When
the decree of a court requires an act to be done
within four days, the party cannot be put in con
tempt uutil the expiration of four whole days af
ter the day on which the decree is dated When
a policy of insurance stipulates for two days no
tice of a lire, the day of the fire is not included
A right by Btatute to redeem lands sold for taxes
within sixty days alter the sale, means sixty days
without counting the day of the sale. These are
a few of the innumerable cases to which the Amer
ican courts have applied the general principle
that, where time is to be coDiputed from an act
done, the day on which the act is done shall be
excluded, unless it is apparent that a different
computation was intended.
The case under consideration is a stronger and
eiearer one for the application of the rule than
either of those I have mentioned. Though divi
sions of a day may be allowed sometimes to make
priorities, or give Other advantages in private
transactions, they are always efcluded in public
proceedings. (5 Wolib., 653.) If the fraction of
the day on which the bill in this case was present
ed to the Governor cannot be counted as a fraction
and added to the fraction of the day on which the
Assembly adjourned, (as it manifestly cannot,)
then it must be left out of the count altogether by
the plain words of the act of Congress. The’act
says that the Governor shall have three days after
the bill is presented. To count the whole of the
first day would be making the time commence
before the bill is presented. Indeed, this mode of
counting a part for the whole might be used so as
to reducejthe three days allowed by law to one.
Suppose the bill to be presented at the last minute
pf the 11th day of February, and the Assembly to
adjourn at the first minute of the 13ib. In thnt
case, if wc count the two fractions for two days,
the Governor has. in effect, but twenty-four hours
to consider the bill. The absurdity of this con
struction may be made still more apparent by sup
posing the act to give the Governor only one dav
to consider and relurn a bill. In such'a case, if
you count the day on which the bill is presented,
you leuve him no time at all.
The provision of the organic act for Kansas is
copied from the Federal Constitution. The ten
days within which the President is required to re
turn a bill have never been understood to include
the day of presentation. Though 1 find no record
evidence ot the fact, I have very high and respec*
table authority for saving that the question was
raised during Washington’s administration and
settled in lull Cabinet council. It was then decid
ed that the day of presenting a bill was notjo be
counted as one of the ten; and this rule has been
regarded as the true one ever since, though there
has seldom, perhaps never, been anv practical occa-.
ston for its application. ' f
My opinion, therefore, is tliat, if the Governor o
Kansas failed to return any bill passed by the Ter
ritorial legislature at its late session, such bill is
not a law unless the Assembly was in session three
days after the day on which the bill was presented.
Very respectfully, yours, Ac., J. S. Black.
From the -V. I’’. Daily News.
Additional by the America.
Great Britain. —Parliamentary proceedings on
the ‘24th were unimportant.
On the 2oth, in the House of Lords, Earl
Malmesbury, refering to the case of the British
Engineers at Naples, stated that Mr. Watt had
arrived in England very much improved in health,
and that a telegraphic dispatch had been received
from Mr. Lyons, staliug that Mr. Parses had been
liberated on bail.
The same subject had attracted attention in the
Commons. Mr. Griffiths asked the Chancellor of
the Exchequer whether, if in the opinion of the
law officers of the Crown, the capture of the Cag
liari proved illegal, it was intended to demand from
Ibe Neapolitan Government full and ample com
pensation to the engineers for the treatment they
received? Mr. D’lsraeh declined to answer.
Gen. Peel announced that it had been deter- '
mined to grant a medal to all troops serving in
India, and to give a clasp for service at Delhi and
Lucknow.
Mr. Roebuck brought forward his motion for the
abolition es the Irish Vice Royalty. After some 1
debate a motion for the previous question was
negatived by a majority of one hundred and twen- i
tv-seveu, when the subject dropped, the main ques
tion not having been put.
In the House of Commons, Government was
asked whether it meant to prosecute the directors
of the Western Bank of Scotland. The reply was
that they had no materials before them to justify ■
prosecution.
Mr. D’lsraeli moved for leave to briDg in a bill
to amend the government of India, and explained
its provisions at length. Like the bill of the form
er Government, it abolishes entirely the East India
Company and Board of Control, and substitutes
in their place a council composed of a President,
Vice-President and eighteen members, the Presi
dent to be a Secretary of State. It was not pro
posed to interfere with the powers of the Governor-
General. 1
The details of the bill were objected to by sundry
members, but leave was given to bring it in.
The appointment of General Pelissier as Ambas
sador from France gave very general satisfaction
in England. The Tune* believes the English na
tion may be fairly gratified by tbe appointment of
the Emperor, as be is said to have declared that
be selected this distinguished soldier as a tribute
of respect to the alliance, to the English people
and to the two armies.
The Times’ correspondent believes General Pe
lessier to be a warm partisan of the English alli
ance, and says that on a recent occasion, before
the Privy Council, he expressed himself very
strongly to that effect.
Th a Herald unhesitatingly asserts that the re
signation of Count Persigny does not proceed
from any difference with the existing administra
tion, but is the result of some difference of opin-
Walewskf 11 ' 11 maUerS between him and Count
The log of the U. S. steam frigate Niagara,
shows that on several occasions during tbe trip to
England, she ran over three hundred miles in
twenty-four hours. She would have made a quick
er run but for the bad quality of the coal.
It was reported that Mr. Allsop, Orsiui’s accom
plice, had offered to surrender himself, provided
the government would be at the cost of his de
fens*.
The British government have decided, it is
said, to repair and augment the fortifications at
Malta with activity.
The appeal from the decision of the Court of
Admiralty, in the matter of the collision between
the American ship Tuscarora and Andrew Foster
has resulted in the decision being affirmed. ’
Nothing official had been issued in regard to
the Indian loan. It was supposed that the whole
or greater part of it would be taken by joint stock
i batiks and insurance companies, so that it would
% be scarcely heard of in the money market. It was
supposed the biddings would range from ninety
■ eight to one hundred.
The supply of money continued very abundant,
but, although it was generally anticipated, the
bank of England made no reduction in its rates.
London , Saturday Morning.— The Daily News'
city article says a decided improvement has taken
place in the funds, owing to the accumulation of
unemployed money, coupled with the relief to the
feeling of expectation involved in the definite issue
of the Indian loan. Tbe market closed to-day
with great firmness at a fresh rise of one-quarteV
per cent. The other departments of the stock
were generally stronger. At the bank to-day there
were no bullion operations worthy of notice. There
was no increase in the applications for money at
the bank to-day, but in the open market a better
demand was experierced. First class bills are
still freely discounted, out of doors, at two and-a
quai ter to two and-a-half per cent.
If is remarked that the terms for long dated pa
per have advanced—four, and even six percent, is
being paid in many cases for good six months bills.
This circumstance seems altogether unconnected
with the recent decision of the bank relative to
re-discounts. The banks do not discount bills
having more than ninety-five days to run. Small
er discount houses, finding their facilities dimin- <
ished, do not care to block up tbeir funds in six
months bills. Foreign exchanges were firm this
afternoon at Tuesday’s rates.
The Diplomatic Service, —Lord Malmesbury has
inaugurated his reign at the Foreign Office by the
following important changes :
Lord A. Loftus, Secretary of Legation at Ber
lin, will succeed Sir Hamilton Seymour at Vienna.
Sir J. Crampton, Minister at Hanover, and late
Minister to the United States, will succeed Lord
Woodhouse at St. Petersburg.
Mr. Buchanan, Minister at Copenhagen, will
succeed Lord Howden at Madrid.
Mr. Elliot, Secretary of Legation at Vienna,
will succeed Mr. Buchanan at Copenhagen.
Mr. Howard, Secretary of the Embassy at Paris,
will succeed Lord Normandy as Minister at Flor
ence.
Lord Chelsea will succeed Mr. Howard as Secre
tary of the Embassy at Paris.
the Times, in a* leading article, expresses its
gratification at the removal of Lord Normandy
from Florence, but complains of the appointment
of Mr. Howard. With this exception it thinks
the appointments indicate a disposition to ac
knowledge the claims of long service and ex
perience.
Tbe Times' city article 'says the funds opened
steadily at the improved prices of yesterday, but
subsequently experienced a further ad vance, which
was well maintained. The strength of the market
is entirely consequent upon the state of the foreign
exchanges, and ibe general belief that the bank
rate will on Thursday next be reduced to two and
one-half per cent. Money was in rather hicrcased
demand to-day, both in the discount market and
Stock Exchange, but this is to be attributed mere
ly to the usual requirements at the end of the quar
ter in foreign exchanges. This as eiuoon the rate
upon Amsterdam was slightly firmer, and on other
places generally without alteration.
Th.e railway traffic returns for the United King
dom show a difference of seventeen thousand nine
hundred and seventy pounds sterling for the week
ending March 20th. Yesterday the price at which
it was conjectured the new loan would be taken
was between ninety-eight and ninety-nine, but it
is now doubted if it will be so high, since the lead
ing firms do not announce any intention of form
ing lists where the total exceeds one or two mil
lions!. It is always best to invite the co-operation
of firms accustomed to operations of the kind,
instead of adopting the French plan of calling
upon the public indiscriminately by offering to
receive tenders for small sums.”
Dr. Forbes Winslow has been requested by the
Foreign Office to report upon the mental state of
Mr. Watts, the engineer.
Mr. Cobden has been elected an honorary mem
ber of the Atbeuseum Club on the ground of his
eminent public services.
India. —There is nothing later than the tele
graphic advices takeu out by the steamer Indian
to Portland ; but an official dispatch to the East
India government says that Sir Colin Campbell,
with his force, consisting of fifteen regiments ot
F.uropeaH infantry, three regiments of native in
fantry, three regiments of European cavalry, three
regiments and detachments of two others of native
cavalry, with eighty heavy guns and mortars and
sixty-three field pieces, had crossed the Ganges
and was in progress to Lucknow. The attack was
expected to take place on the 27th of Feb
ruary, when Jung fiahadoor’s and Gen. Frank’s
forces, twelve thousand strong, would also have
reached Luckuow.
France. —The Paris Cbnstitutwn«l,o( Ilie 2ith ult.,
has an article in large type on the alliance between
Fiance and England. Most friendly sentiments are
expressed throughout. It says that the Duke de
MalakofF personifies the‘alliance as a living me
morial of common glory and common perils, and
that the Emperor could not have made a choice
more significant or more flattering for the Queen
and English people.
* The Paris Bourse on the 25th exhibited an ani
mation to which it had been for sometime a stran
ger, and a rise in the fuuds assumed a decided
character.
The London Globe's Paris correspondent says
that a line of rail is about to traverse the West
coast of France, from Bordeaux, through Rochelle,
Brest, and Nantes. It is clearly a strategic rather
than a commercial project.
The Minister of the Interior had ordered all the
artillery in the several towns of France to be dis
mounted and deposited in the arsenals, on the plea
that they are in such a state as to be dangerous,
to use, and promising they should be replaced by
artillery iu better condition. The impression pre
vailed that the guns were removed lest they should
fall into the people’s hands in case of a rising
Spain. —. Some disturbances had occurred at Va
lencia, and a few arrests were made. Quiet was
easily restored. The agitation was occasioned by
the drawing of a lottery. There were also doubt
ful rumors of disturbances at Saragossa.
Dispatches from Madrid to the 22d ult., say that
tbe Government has presented a project for the
abolition of slavery in the colonies of Spain.
Italy.— A Turin letter says that Count Cavoor
has seut another note, written in very energetic
terms, to the Government of Naples, on the refusal
of the latter to give up the Cagl ari.
Russia. —Great agitation prevails in Russia, in
consequeuce of the opposition of the nobility to
tbe emancipation of the serfs. Many gteat pro
prietors hud fled to St. Petersburg, in fear of their
ives.
A letter from Warsaw states that a camp of one
hundred thousand men will be formed toward tbe
middle of May. This is considered as a manifes
tation against Austria.
Turkey. —A dispatch from Ccnstantinople says
that eight hundred Montenegrins had violated the
Austrian t< rritory and penetrated Herzegovia.
Forty of them entered Sutorina and burned every
thing.
The Russian Embassador at Constantinople is
understood to have notified his government that
Turkey refuses to submit to the treaty for the nav
igation of the Danube.
Several irregular corps were being organised in
Bosnia by wealthy Turkish Beys.
From the Washington Union, April 11.
i» Death of fflr. ISeutuu.
Mr. Benton died at his residence in this citv
yesterday morning, after an illness of several days.
The eveut was not unexpected by his family, and
the country has been long prepared for the an
nouncement. Up to within a single day of his
demise, he continued to labor at the great work he
had undertaken—the Condensed Congressional De
bates, which, we believe he had neurly brought to
a close. His age was extreme—we believe about
seventy-five. As his life has been full of honors,
the award of his fellow-men, so did he die full of
years, the boon of Providence.
Ilis disease was cancer in the bowels. He had
endured severe surgical treatment a few months
before bis death, aud obtained temporary relief.
His affliction returned upon him, however in a
more aggravated form, and resulted in a lingering
and painful death. His intellect remained unim
paired to the end, and he made every arrangement
and preparation for his demise with Roman for
titude.
Tbe President, bearing of the extreme illness of
his ancient compeer, called upon him on Friday
cveuiug. The dying statesman declared after
wards his exceeding gratification at the visit. The
interview is said to have been protracted. Mr.
Benton is said to have expressed his extreme so
licitude for the condition of public affairs, and a
painful sense of the imminent dangers which
threaten the country, lie is said to have exhorted
the President to rely upon Divine support and
guidance, and not upon that of men, who would
deceive him.
Mr. Benton was a native of North Carolina,
where he was reared. His ancestors were among
the leaders of the revolution. The family of Harts,
from which he descended on the maternal side,
were among the early emigrants from North Caro
lina who settled in Kentucky, under the name of
the Transylvania colony, and who were supporters
of Daniel Boone. It was through this circumstance
that Col. Benton was led to choose the West for
his home when he had grown to manhood and left
the army. He established himself at Nashville,
rather than in Kentucky, where he immediately
rose to distinction at the bar. About the year
1815, he emigrated again, still westward, to St.
Louis, Missouri. His senatorial life, which lasted
for the unprecedented period of thirty years, com
menced in 1820, when he was elected by the legis
lature of Missouri, anterior to the formal admission
of that State into the Union. His history since
that event has been intimately interwoven with
that of the country; and for twenty-five years con
stituted some of the most thrilling and illustrious
pages of the history of the Democratic party.
At the beginning of his senatorial career Col.
Benton sat on the same committee (Military Af
fairs) with Gen. Jackson, ot which they were both
industrious aud valuable members, Gen. Jackson
being the chairman. Here was necessarily renew
ed that intercourse which had in former years in
Tennessee been most friendly aud intimate, but
which had received an unhappy interruption from
an occurrence which became historical. This sec
ond intimacy and mutual confidence and reliance
continued thenceforward, as is well known, during
the Whole of Gen. Jackson’s eventful aud conspic
uous public service. The early alienation was
never alluded to between the two friends until one
or two evenings before Gen. Jackson’s final de
parture from Washington for the Hermitage in
March, 1888, when a very solemn and affectincr
conversation occurred, the natnre of which we
may readily conjecture, but which of course has
never transpired. gs;
Mr. Benton was a determined member of the op
position to Mr. Adams’ administration during his
wnole term. He warmly supported Gen. Jackson
tor the presidency, and was one of the main pil
lars of support to his two administrations It is
unnecessary to specify the particular occasions on
which he distinguished himself in his conspicuous
parliamentary service. The panic session how-
Tn e , r v. i Ca S DOt n be . l ' tt3sed wlthout » special notice.
In this Mr. Benton sustained, aided by a few pow
erful Democratic debaters, among them o.Tr now
President the whole brunt of the tremendous ah
tack by which General Jackson’s administration
was then assailed with a fury and powerful array
of talent and eloquence never before or since wih
nessed in any legislative body. His services then
rendered to the Democratic cause ranked him
among the first intellects and statesmen of his age
and have placed Ins name among those of our first
American statesmen.
His controversy with Mr. Clay, in the famous
veto debate in 1302, affords, perhaps, as striking a
specimen of his powers in the gladiation of debate
as any that could be selected. If either knight in
that celebrated encounter was borne worsted from
the ground, it was certainly not the Democratic
orator.
The measure upon which he won the largest de
gree of popular eclat was, however, that of the ex
punging resolution, a measure which he himself
conceived, and, without broaching the subject to a
humau being, moved in the Senate. It was on the
17th of January, 1837, at the close of the long de
bate which had occurred on this famous resolve,
shortly before the vote was to be taken} that Col!
Benton rose in his place, and—addressing himself
to the chair, in the course of a brief and emphat
ic speech, refering back to the scene which had
been enacted in tbe Senate chamber three years
before, on the adoption of Mr. Clay’s memorable
resolution of condemnation upon (ien. Jackson for
the removal of the deposits, and to his own pro
phecy, then fearlessly hazarded,!hat that resolution
should be expunged by. the people of the United
States from the journal of the Senate—uttered the
well-known words, which are the svnonymes of
his name, “ solitary and alone i set this ball
IN MOTION.”
' We believe that it was in 1851 that Mr. Benton
retired from the Senate. During the last dozen
years, though the mortal part has lingered amongst
the living, yet has the esteem of our generation
for him been chiefly retrospective,and been chiefly
concentrated in the historical man as he was in the
pride of intellect and in the prime of manhood.
These later years of Mr. Benton’s eventful life
have been appropriately devoted to registering the
events of those in which his intellect and his fame
were at their zeninth. Ills two great historical
works, the Thirty Yeans ’ View and the Abridg
ment, though they may not be exempt from de
fects and blemishes, are valuable depositories of
political knowledge, and the former will popular
ize a period of the history of o.ur institutions tliut
will exert as great an influence upon the destiny
of our country as any of equal length through
which it has yet passed.
It would be superfluous to dwell upon the char
acter of a man whose name and history are as fa
miliar as household words auioDg the American
people. Os gigantic intellect, strong physical con
stitution and imposing presence, of inflexible will,
undaunted com age, immense application, vast
erudition, capacious memory, direct manner or
thought, and nervous emphatic eloquenco—it was
impossible that he should have lived under insti
tutions like ours and failed to reach, and to figure
upon, the most conspicuous theatres of actiou—
impossible that be could have failed to stamp the
impress of his genius iudelibly upon our public
policy. The history of no public man of our coun
try during the quarter cf a century which inter
vened from 1820 to 1845 is more clos ly interwoven
with the history of our country than Mr. Benton’s.
In private life, in the circle of his own family,
Colonel Benton possessed none of that sternness of
character and angularity of manner that distin
guished him in public. As a husband, he was
tender, anxious, thoughtful, and gentle to a de
gree never exceeded ; and this leature of character
alone would have been conclusive proof of a noble
and exalted nature. He was us devoted, uffection
ate, and assiduous a father as husband, an inde
fatigable tutor in his own household ; no less proud
of the results cf his unremiting labors in this do
mestic department of duty than of bis more con
spicuous labors on the public theatre.
United Synod oftlie Presbyterian Church*
This body, comprising representatives from the
various Synods in the United States, met at Knox
ville, Tennessee, on the Ist instant. Rev. Charles
11. Reid, D.D., of Richmond, Virginia, was elected
Moderator by acelammation. On th > second day
of the session, a declaration of principles was re
ported, for the purpose of showing the position
tne Synod proposed to occupy. The eighth article
of this declaration reads as follows :
“Inasmuch as neither tho Savior nor his Apos
tles intimated that the slaveholding relation was
siuful, and as they did not attempt to remove
slaveholders from the church by legislation, or by
testifying against it; und, further, as the system
of slavery is an institution of the State, its contin
ance or abolition depending entirely upon the will
of* the State, irrespective of the views and deci
sions of the church courts, it is the judgment t f
this Synod that the discussion or agitation of sla
very in the judicatories of the church, except so
far as respects the moral and religious duties
growing out of the relation of master and slave,
is inappropriate to the functions of judicatories.
This Synod representing Presbyteries that hare
withdrawn from their former ecclesiastical con
nection because of the repeated and unconstitu
tional action on slavery by tbe General Assembly,
therefore declares that', under the present constitu
tion of the Presbyteriau Church, the agitation of
slavery in any of our judicatories, or further than
pertaius to the moral and religious duties arising
from the relation, would be inconsistent with the
design of our withdrawal from our former connec,
tion, and in forming a new organization. Whilst
then, we propose an alteration of the constitution
of the Presbyterian Church, believing that, as it
now stands, the spirit of it is against the agitation
of slaveholding in the Church, we express the
opinion that those who unite with us, or who may
come after us, will be under a moral obligation, so
long as the constitution remains as it is, to exclude
slavery, the agitation of which has already divid
ed three large denominations in this countrv as a
subject of discussion from the Church courts.”
That portion of the report refering to slaverv
was made the special order of the day for Satur!
day.
Tuesday, Anril 6, 1858.—The Synod convened
at nine o’clock, and being opened with the usual
services, the consideration of the report on the
union with the Old School, was resumed. A de
bate ensued upon the instructions to the commit
tee of conference as to terms of union, which was
continued throughout the day, without the Synod
finally acting on the entire report. Portions of it
were recommitted to the committee, with instruc
tions to report to-morrow.
Wednesday, April 7.—The Synod met, and the
report of the committee on bills and overtures in
regard to the matters recommitted to them y*ster
day, being heard, the debate was resumed, and
continued at some length. The report was ulti
mately adopted as a whole, substantially as al
ready printed in the papers—that is, the Svnod
voted to send the committee to New Orleans to
confer with a committee of the Old School Assem
bly—with instruction to propose terms of union,
in the maiu, in accordance with tbe “Declaration
of Principles ” adopted by this body. The Synod
proceeded to the election of the committee, when
Rev. Dr. Read, of Va., and Rev. Mr. Marshall, of
Tenn., were elected as the committee, with Rev.
Dr. Boyd, of and Rev. Mr. McClain, of Miss.,
aS .u *«r n^ eS ' *? r ‘ Bo^d was appointed to consult
with the General Assembly from which this Synod
has withdrawn, and which meets at Chicago in
May next, in reference to property in which this
Synod is interested. Appropriate permanent com
mittees, boards, trustees, Ac., were appointed, and
resolutions of thanks to the citizens of Knoxville
for their hospitality—to the railroad companies
tor favors extended—to the pastors and trustees
ot the city churches for the offer of the use of their
church buildings—-and to the gentlemen of the
press, tor their activity in reporting the proceed
ings of the Synod—were unanimously adopted,
r ? , adjourned till to-morrow morning, at nine
o clock, when nothing remains to be done but the
reading and correction of the minutes.
On motion of Rev. C. Parish, the third Thurs
day in May, 1859, at a quarter before eight o’clock
in the evening, was fixed as the time for the next
meeting of the United Synod. The place, the
Second Presbyterian Church, Lynchburg, Va.
Kf*’ The New Orleans Picayune , of 9th instant,
states that a match race for ten thousand dollais
a side, two thousand dollars forfeit, four mile
heats, has been made between General Thomas J
Wklls’ ch. c. Starke, by Wagner, out of Reel,
and Mr. D. F. Kbknkb’scd. c. Vicen/y, (own broth
er to Voucher), by Wagner, out of imp. Britannia,
to be run over the Metairie Course on the Saturday
preceding the regular spring meeting, 1859.
Thomas Hart Benton*
We publish, in another column, an article from
the Washington Union , of the 11th inst., upon the
death of this distinguished statesman. The
lowing letter, written two days before his deatb r
was read in the House of Representative- on Fri
day. The two Houses adjourned on Monday, to
attend the funeral of the deceased, but it is pro
bable that bis wishes, conveyed in this letter, will
be respected, and that no eulogies will be pro
nounced in cither House:
C Street, Washington, April 8, 1858.
To Samuel Houstor, Esq., Senator in Congress
from the State of Texas, and George W. Jonee,
Esq., Representative in Congressf om Tenr.e ?see :
To you, as old Tennessee friends, I address my
self to say that in the event of my death here, I
desire that there should not be any notice taken of
it in Congress. There is no rule of either House
that will authorise the announcement of my death,
and if there were such a rule, I should not wish it
to be applied in mv case, as being contrary to my
feelings and convictions, long entertained, as shown
in a note to a speech of Mr. Randolph’s on the
occasion of the death of Mr. David Walker, in the
Abridgement of Debars, vol. vi, p. 556. The re
quest of Mr. Walker, there recorded, and the rS*
marks of Mr. Randolph, express entirely mv sen
timents and convictions. Should, therefore, any
of my kind friends in either House make it neces
sary to do so, I entrust to you to make known by
means of this note my express wish and desire,
that the event remain unnoticed in Congress.
I Your old Tennessee friend,
TnoMAS H. Benton.
/ rom the N. O. Picayune, April 9.
Execution of George W• Stovall*
. . —“The morning lowered.
Ana heavily in clouds brought on the day-”
This, the day fixed for the execution of George
W . Stovall, for the murder of Mary Rav Durand,
opened inauspiciously. Dark clouds overspread
the heavens and gloom seem settled on the face
of nature. For-the prisoner there were no omens
which offered a ray of hope, although, without his
being aware of it, efforts were being made with
the Governor of the State to procure a commuta
tion of his sentence.
At quite an early hour all those who had the
open sesame to the Parish prison began to assem
ble, there being a general anxiety manifested to
see how a man of education and good intellectual
powers would approach such a doom as that which
had been assigned to Stovall by the laws of his
country.
vv lien wc entered the prison yard, our ears were
first greeted by tbe sounds of sacred music which
came from the doomed man’s cell, and Stovall’s
own strong and pecnliar voice could easily be dis
tinguished by its earnest energy. In the cell with
him were the Rev. Dr. Palmer and other pastors
of Protestant churches, and after the hymn was
over, prayers were in succession offered to the
Throne of the Most High. The occasion was a
solemn and impressive one, and all present seemed
to sympathise with the unfortunate culprit.
Mingling freely among those who had assembled,
wc ascertained that the general wish was that the
Governor wouilte ield to the prayer of those who
were to procure a commutation of the
prisoner’s sentence, and hopes to that effect ap
peared the more sanguine as the Governor arrived
iu town last night, and could be the more readily
appealed 10.
In the expectation that the appeal to Executiv©
clemency would not be in vain, the Sheriff delayed
tae execution of the seutence till after eleven
o’clock, but at that hour it was definitely ascer
tained that the sentence would not be commuted,
and preparations were at once commenced lor vin
dicating the law’s sternest vengeance.
Shortly after eleven, the prisoner, dressed in
white and attended by his religious advisers, was
led to the spot wherethe fatal trap had been pre
pared. His step was firm, and his appearance
venerable and imposing. Directed bv a motion
ho took his seat, und the executioner adjusted the
fital uoose. Tbe prisoner then said:
“(rtntlemen : You have assembled as spectator*
to witness the last of an unfortunate man. Not
like some can [ plead that my fate was brought
about by any agency other than my own. I hare
no one but myself to blame for the position which
I now occupy, for it is true that I committed the
terrible crime for which I am to suffer.
I wish here to say that I entertain no unkindly
feelings towards the Governor for not yielding to
the solicitations which have been made on my be
half. I believe that in refusing to commute my
sentence he did what he conscientiously believed
to be his duty, and I trust that I have obtained. £
pardon from a higher power. All blood stained
as I am, I have appealed to the Savior of man
kind, and in his pardoning grace I Relieve that 1
have found redemption.
Before I depart, let me offer my grateful ac
knowledgments to Mr. Soule, Dr. Delei y aud oth
ers who have interested themselves with tho Ex
ecutive of the State iu trying to obtain a commu
tation of my sentence. Though they have failed,
I am as truly grateful as if they had succeeded—
ay, as grateful as if they had obtained my entire
pardon. I must also teuder u»y thanks to Capt.
Fremaux, and his underkcepers of tbe prison, for
their uniform kindness since tbe date of my incar
ceration.
Now, gentlemen, I must tell you that I have not
been brought to this end because 1 didn’t know
better. I was raised in county, Va., by
respectable parents, and received a pious educa
tion. Indeed, I may say I occupied a respectable
position in society. ’ But I fell, aud for the last
fifteen years I have been led captive bv the devil,
ut his will, and now, by an ignoble death, I am
about to receive the wages of sin. I have even
held the position of a minister of the gospel, and
was beloved and respected as such ; but tins only
shows the height from which I have fallen, and
from which all are liable to fall, if they yield to
their baser feelings.
For ten years pust I have followed the path of
ruin in New Orleans, and here a misfortune hap
pened me which darkened all my future life, but
to which I do not wish more particularly to refer.
I intend to cast blame on no one but myself. Af
terwards, I wont to Nicaragua, but, being forced
to return agaiu, gave loose rein to my vile propen
sities, aud in due course of time became the mur
derer that Inm to-day.
Though late, I have returned from my wander
ings, to my Savior~to the merciful Jesus who to
tbe dyiug thief said, “This day shalt thou be
with me m Paradise”—l feel that my spirit is
like a caged bird, anxious to escape from its pris
on aud seek refuge in the Paradise of God. Oh,
that I may have the happiness of meeting you all
there! Lord, sanctify this death to the salvation
of these spectators. Let my prayer and my words
go forth to the uttermost parts of the earth! 0,
gracious God, make us penitent in thv presence.
These remarks were made with a firm and un
wavering voice, and after the prisoner closed, the
Rev. Dr. Palmer offered up an impressive praver
for the culprit.
When the prayer was ended, the prisoner bade a
last farewell to Dr. Delery, Dr. Palmer, and the of
ficers of the prison. He then, after the cap was
pulled down over his eyes, exclaimed in a loud
voice: 44 10 rd Jesus, receive my spirit.” As he ut
tered the words the trap fell, and his spirit took
its flight to the realms of the Hereafter.
£*F”The New York Tribune , of the 9th inst.,
commenting upon the speakers and the speeches
of the great debate upon Kansas affairs in the
Senate, says:
“The most powerful debater on the Adminis
tration side of the question, and the man who car
ried the argument most fiercely into the ranks of
the opposition, was Toombs, of Georgia. His
first speech was a masterpiece of extemporaneous
discussion, curt in statement, broad m principle,
distinct in view and powerful iu manner. His
last exhibited the pluck and power of a strong
man, struggling under a load that was crashing
him at every step, yet resolute to the last.”
Murderous Outrage. —The company that came
down from Washington yesterday with the re
mains of a late comrade, behaved in the most out
rageous and brutal manner. As the train left our
depot for Washington, the villains inside com
menced a firing right and left from the cars, dis
charging twelve or fifteen pistol shots. One of the
balls struck a negro woman in the mouth, knock
ing out a tooth, and wounding the tongue. Sev
eral other persons narrowly escaped tbe balls of
these outlaws ; and perforated doors and windows
remain as memorials of their visit.
Alexandria ( Ya.) Sentinel.
Florida. —The last legislature of Florida hav
ing provided for the construction of a canal con
necting the waters of the St. John’s with thosa of
Indian river, Gov. Perry has appointed com
missioners to survey and lay out the work, and
they will speedily commence their task. When
this work is completed, Florida will have a con
tinous line of inland navigation for steamboats
parallel to the Atlantic sea shore, for nearly her
entire Eastern coast, and when the Fernandina
and Cedar Keys railroad is finished, she will have
an iron way connecting an Atlantic with a Gulf
port through the upper portion of the peninsula.