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which had been adopted by other territorial conventions. In tlie schedule, however, pro viding for the transition from a Territorial to r State Government, the question has been fairly and explicitly referred to the people, whether they will have a Constitution "with or without slavery/’ It declares that, before the Constitution adopted by the convention "shall he sent to Congress for admission into the Union as a State,” an election shall be held ho decide this question, at which all the white male inhabitants of the Territory above the age of twenty-one are entitled to vote. They are to vote by ballot; and "the bai- U>t* cast at said election shall be endorsed ‘Constitution with slavery,’ and ‘Constitution with no slavery.’ ” If there be a majority in favor of the “Constitution with slavery,” then it w to be transmitted to Congress by the Pre sident of the convention in its original form, ft’ on the contrary, there shall be a majority in favor of the “Constitution with no slavery” ■“then the article providing for slavery shall be stricken from the Constitution by the President of this Convention and it is expressly de clared that “no slavery shall exist in the State of Kansas, except that the right «*f property in slaves now in the territory shall in n-> manm r J)e interferred with ami in that event it i* made his duty tn have the Constitution thus ratified transmitted to the Congre** of the United States for the admission of the State into the Union. At this election every citizen will have an opportunity of expressing his opinion by hi* vote, “whether Kansas shall be received into the Union with or without slavery,” and thu* this exciting question may hr peace fully > itb d in the very mode required by the organic Lav. "The election will be held under legitiirmte au thority, and if any portion of the inhabitants shall refuse to vote, a fair opportunity to do having been presented, this will b- their own voluntary act, and they alone will be rc*/»on.*i 4>le for the consequence*. Whether Kansas shall be a free < r lav*- State must eventually, under some authority, be decided by an election; and th* question vftn never be more clearly or distinctly pre sented to the people than it is at the present moment. Should this opport unity l»c rejected, Tsliemay be involved for years in domc>iio dis cord, and possiWy in civil war, Im lore she ran again make up the issue now so fortunately tendered, and hgain reach the point she has al ready attained. Kansas Ims for some years, occupied too much of the public attention. It is high time that this should W directed to far more impor tant objects. When once admitted into th Union, whether with or without slavery, the excitement beyond her own limits will speed i- Iv pn*« away, ami she will then for the first time Ik* left, as she ought to have bet u long since, to manage her own .affairs in Iter own way. If her Constitution on the subject of slavery, or any other subject, b • displeasing to a majority of the people, no human power can prevent them from changing it within a brief ]«eriod. Under these circumstances it may well be questioned whether the peace ami quiet of the whole country are not of greater importance than the mere temporary triumph of either of the political parties in Kansas. Should the Constitution without slavery be •adopted by the votes of the majority, the right* of property in slaves now in the Territory are reserved. The number of those slaves is very small; but if it were greater the provision would be equally just and reasonable. These slaves were brought into the Territory under the Constitution of the United States, and are now the property of their masters. This j oint has at length been finally decided by the {ligh test judicial tribune of the country ami this upon the plain principle that when a confed eracy of sovereign States acquire a new territo ry at their joint expenses, both equality ami justice demand that the citizens of one and ail of them shall have the right to take into it whatsoever is recognized as property by the common Constitution. To have summarily confiscated the property in slaves a! read;. in the Territory, would have been an a i of gro** injustice, and contrary to the practice of the older States of the Union which have abolished bl. i very. ITAII. \ territorial government wa« v't:d»li*hi <1 tor I tab by act of Congre**, approved the 9th of September. 1859. ami the Constitution ami laws of the United St ites w ere thereby extend ed over it" so far as the same, or any provi* ions thereof, shall be applicable.” Thi* .• « t provided for the appointment by the President, by and with the mjviee and consent of the Sen ate, of A Governor, who was to be ex-otli. io .superintendent of Indian affairs, a secretary, three judges of the supreme court, a marshal and a district attorney. Subsequent acts pro vided for the appointment of officers i: .sary to extend our land ami our Indian -y-tein over the Territory. Brigham Young w.i* ap pointed the first Governor on tl e 2 *th of Sep tember, 185(1, and h:t * held the office < v< r since. Whilst Governor Voting ha* been both Govern or and superintendent of Indian affair.* through out this period, he ha' Iwen at the same time the head of the church called Latter Day Saints and professes to govern its members ami di* pose of their property by direct in*pirati<»n and authority from the Almighty. Hi* power Im* been, therefore, absolute over both Church and State. The people of Utah, almost exclusively belong to this church, and believing with a fanatical spirit that he is Governor of the Territory by divine appointment, they obey his command* as if these were direct revelations from heaven. If, therefore, he chooses that his government shall come into collision with the government of the United States, the members of the Mor mon church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt that such is his determinate:;. Without entering upon a minute history of occurrences, it is sufficient to *ay that all the officers of the United S tacts, judicial ami exe cutive, with the single exception of two In dian agents, have found it iuce**ary for their own personal safety' to withdraw from the d’erritory, and there no longer remains any government in Utah but the despotism of Brig ham Young. This being the condition of af fairs in the Territory. 1 could not mistake the path of duty. As Chief Executive Magistrate. 1 was bound to re-tore the supremacy of the Constitution and laws within it* limit*. In order to effect this purpose. 1 appointed a m w Governor and other federal officers for Utah, and sent with them a military force .or their protection, and to aid as a < <.'/:• Hat in case of need, in the execution of the law*. With the religious opinion* of the Mormons, as long as they remain mere opinions, how ever deplorable in themselves and revolting to the moral and religious sentime .tsofall Christen dom, 1 had no right to interfere, .\ction* alone, when in violation of the Constitution ami laws of the United States, become the le gitimate subjects f<»r the jurisdiction of the civ il magistrates. My instructions to Governor Cumming have therefore been framed in strict accordance with these principle*. At their date a hope was indulged that no necessity might exist for employing the military in rv sturing mid maintaiog the authority of the law; but this hopj has now vanished. Gov. Young ha&, by proclamation, de-hired his determination to maintain his power by force, and has already committed act* of bo*- tility against the United States. Univ** he should retrace his steps, the Territory of Utah will be in a state of open rebellion. He has committed these acts of hostility, uotw iilistand ing Major Van Vliet, an officer of the army, sent to Utah by the commanding General t > purchase provisions for the troops had given Idm the strongest assurances of the a< elul intentions of the goveriuuent, and that the troops would only be employed us a7?c*v c>iu itatvt when called on Ly th* civil authc rity to uid in the execution of the law s. There is reason to believe that Gov. Young has long contemplated thi* result. He know * that the continuance of his desjKitic pow er de pends upon the exclusion of all *■ ttler* f rom the Territory except those who will acknowledge his divine mission and implicitly obey hi.* will: *ud that an enlightened publm opinion Hicre 4 * would soon prostrate institution* at war with l the laws both of God and man. lie has there fore for several years, in order to maintain his independence, been industriously employed in collecting and fabricating arms and munitions of war ami disciplining the Mormons for mili tary service. As superintendent of Indian affairs he has an opportunity of tampering with the Indian tribe*. ;»:i<l exciting their hostile feelingsogainst the United States. 'I bis, according to our in formation. he has accomplished in regard to some of these tribes, w hile other* have remain ed true to their allegiance, and have commnni catvil his intrigues to our Indian agent*. He ha* laid in a store of provisions for three years, w ldch, in case of nec-. ssity, as he informed Ma jor \ an Vlcit, he will conceal, “ami hike them to the mountain*, ami bid defiance to all the powers of the government.” A great part of all this may be idle boasting: but jct no w ise government w ill lightly e*ti matc the efforts which may be inspired by such pbrensid fauatacism as exists among the M<»r imm* in Utah. 'I bis isthe first rebellion which has cxi-ted in our Territories; and humanity itself requires that we should put it down in' such a manner that it shall be the last. To . trifle with it would be to encourage it audren- ’ dvr it formidable. We ought, to go there with 3»uch an imposing force as to convince these de luded profile that resistance would be vain, and thus *pare the vfiii*ion •>! bloo<l. We can in this manner best convince them that we are their friend*, not their enemies, in order to accomplish this object it will be necessary, ac- 1 cording to the v*iimate of the War Depart ment, to raise four additional regiments; and . this 1 earnestly recommend to Congress. At , ihr promt moment of depression in the revc- ' niic* of the country 1 am sorry to be obliged to recommend such a measure, but I feel confi dent of the support off ongr< **. cost w hatitjnay. in siq-pre*sing the insurrection and in restoring and maiiitaingthe sovereignty of the constitution and law * over the Territory of I tali. 1 recommend to Congress the establishment of a territorial government over Arizona, in corporating with it .*ueh portions of New Mvx i icoasthey may deem expedient. 1 need scarce- | ly adduce arguments in support of this reeom 1 mendation. We are bound to protect the lives • ami property of our citizens inhabiting Arizo na. ami these are now without any efficient protection. Their present number is already considerable, and is rapidly increasing. m»t withstanding the disadvantages under which they labor. Besides, the proposed Territory is believed to be rich in mineral and agricultural re sources. especially in silver ami <op|>er. The mails of the United States to California are now 1 carried over it throughout its wbell extent, nnd this route is known to be the nearest, ami believed to be the best to the Pacific. PACIFIC KAII.HOAD. Long experience has deeply convinced me - that a strict construction of the powers granted to Congress is the only true, as well as the on ly safe, theory of the constitution. Whilst this principle shall guide my public conduct, I con sider it clear that under the w ar-making pow - i er Congrv*s may appropriate money for the construction of a military road through the Territories of the United States, when this is absolutely necessary for the defence of any of the United States against foreign invasion.— The constitution has conferred upon Congress power "to declare war,” " to raise and support armies," •• to provide and maintain a navy,” and call forth the militia to “repel invasions.” These high sovereign pow ers necessarily in volve important ami responsible public duties, and among them there is none so sacred amt imperative as that of preserving our soil from the invasion of a foreign em’hiy. The consti tution has, therefore, left nothing on this point to construction, but v\j»r<**ly require* that "the United States shall protect each of them ; [the Statcs| against invasion.” Now, if a mil itary road owr our own Territories he indis pensably net cssary to enable us to meet and re pel the invader, it follows as a necessary con sequence not only that we posses the power, but but it i*ourimperatiAcduty toconstruct stic.h a road. It would be an absurdity to invest a government w ith the unlimited power to make and conduct war, ami at the same time deny to it the only means of reaching and defeating the enemy at the frontier. Without such a road it is quite evident we cannot "protect” ■. California and our Pacific pos*vs>ions "against invasion.” We cannot by any other means transport men and munitions <>t war from the Atlantic State* in Mifficient time successfully to defend these remote and distinct portions u.‘ the republic. Experience ha* proved that the routes across the Isthmus of Central America arc at best but a very unceitain and unreliable mode of com- | . municat on. But even if this was not thecasc, they would at once be c losed against ns in the j event o! war w ith a naval power so much stronger than our ow n as to enable it to block ade the ports at cither end of these routes. — After all, therefore, we call only rely upon a military road through our ow n tcrriturie*; ami ever since the orign of the government Con gress has been in the practice of appropriating I money from the public treasury for the eon strm tion of such roads. The difficulties and the expense of construct ing a military railroad to connect our Atlantic | and Pacific Mates have been greatly exagger ated. The distance on the Arizona route near ! the 32*1 parallel of north latitude, between the ' western boundary of Texas on the Colorado, from the In .*t explorations now within our know ledge, <loes not exceed four hundred and seventy miles, and the face of the country is. I in the main, favorable. For obvious reason* the government ought ( not to undertake the work itself by mean* of | its own agents, l ids ought to be committed ■ to other agencies, w hich Congress might assist either by grants of land or money, or by both, . 1 up<»n such terms and conditions as they may deem nqht beneficial for the safe, rapid, and economical transportation of troops and muni tion* of war. and alsojofthe public mails. The commercial interests of the whole country, both East and West, would be greatly promo ted by such a road; ami. above all it would be a powerful additional bond of union. And al though advantages of this kind, whether pos tal. commercial, or political, cannot confer con stitutional power, yet they may furnish aux iliary arguments in favor of expeditinga work i which, in my judgment, is clearly embraced within the war-making power. For these reasons 1 commend to the friendly consideration of Congress the subject of the Pa cific railroad, without finally committing my self to any particular route. THEAS! RY AM) EEVEM ES. The report of the Secretary of the Treasury will furnish a detailed statement ot the condi tion of the public timmces and of th<* respec tive branches of the public service devolved upon that department of the government. By this report it appear* that the amount of rev enue received from all sources into the treasn- ' ry during the fiscal y ear ending the 30th June, | 1857, was ‘ ixty-eight million six hundred and ' thirty-onelllousand five hundred and thirteen I dollars and sixty-sev m cents, which amount, w ith the b.dance of nineteen j million nine hundred and one thousand three hundred and twenty five dollars and forty-five cents, 10.901.320 45.) remaining in the treasury at the commencement <»r the year, made an aggregate for the service of the year of eighty-eight million five hundred and thirty two thousand eight hundred and thirty-nine ' dollars and twelve eents, J $88,582,839 12.) The public expenditures tor the fiscal year ending 3oth June. 1857. amounted to seventy million eight hundred and twenty-two thou *and seven hundred ami twenty-four dollar* ami eighty-five cents. (f 70.822.724 85.) of w hich five million nine hundred and forty-three thousand eight hundred and ninety-six dollars , and ninety-one cent* (x 5.943.896 <H j were ap- I plied to tlie redemj tion- of the public debt, in cluding interest ami j>remium. leaving in the treasury at the <-ommvn< einent < f the present fiscal year on the Ist July, 1857. seventeen million seven hundred and ten thousand one hund-ed and fourteen dollars and twenty seven cents. (17.71". 11 | 27 the receipts into the treasury for thv first I quarter of the present fiscal y. ar. commencing l.*t July, 1857, were twenty million nine bun tired and twenty-nine thrusand eight hundred ami nineteen dollars and eighty-one cents, ($20,929,819 81,) ami the e*timated receipts of I the remaining three quarters Io the 30th June, i are thirty-six million seven hundred and fifty thousand dollar*. • s-s»».^s<»,(aHi,) making , w ith the balance before stated an aggregate of ' seventy-five million three hundred and eighty nine thousand nine hundred and thirty-four ' dollars and eight cents, (75.389.931 08.) for the service of the present fiscal y ear. The actual expenditures during the first 1 quarter of the present fiscal year were twenty three mill: -n* seven hundred ami fourteen thousand live hundred and twenty-eight dol lar* ami thirty-seven cent*. (#23,714,528 37,) of w hi< h three million eight hundred ami nine ty five thousand two hundred and thirty-two dollar* ami thirty-nine cent* (3.81)5,242 39) w * re applied to the rc<k-mj>tion of the public debt, including intere.*t ami premium. The probable expenditures of tbc remaining three I <piartcrs. to :»"tb June. 1858, are fifty-one mil lion tw o hundred and forty-eight thousand five . hundred am! thirty dollar* an<l tour cents, (51.- 248.530 04.) including interest on the public debt, making an aggregate of seventy-four mil lion nine hundred ami sixty-three thousand fifty-eight dollars ami forty-one cent*. (#7 L t 933.055 41.) leaving an e*timated balance in 1 the treasury at the close of the present fiscal j year, of four hundred ami twenty *ix thousand 1 eight hundred and *evcnty five dollars ami sixty-seven cents. (125.875 (>7.) The amount of the public debt at the com ( mvuceinent of the ]»res»mt fiscal year w a* tw en ’ ty -nine millions sixty th«»u*and three hundred ami eighty-six dollars and ninety rents, (29,- 039.38 G 90.) The amount redeemed since the Ist July, w as three million eight hundred ami ninety-five thousand two hundred and thirty-two dollars ‘ and thirty-nine cents. (3,k‘.»5.232 39) —leaving i a Balance unredeemed at this time of tw enty live million one hundred and sixty-fivethou *and one hundred ami titty-four dollars and tis ; lyone cents ($25.1G5.154 51.) The amount of estimated expenditcrcs for the remaining three quarters of the present fis cal year will, in all probability, be increased from the causes set forth in the report of the Secretary. Hi* >uggc*tioii. therefore, that au thority should he given to supply any tempora ry deficiency l»y the issue of a limited amount of treasury notes, is approved, and 1 accord ingly recommend the passage of such a law. A* stated in the report of the Secretary, the 1 tariff ot March 3, 1857, lias been in operation for so short a period of time, and under cir cumstances so unfavorable to a just develop ment of it* results a* a revenue measure, that 1 should regard it as inexpedient, at least for the 1 present, to undertake its revision. WAR AXI> X’AVY. I transmit herewith the reports made to me by the Secretaries of War ami of the Navy. <»f the Interior ami of the Post Master General. They all contain valuable and important infor mation ami suggestions w hich 1 commend to the favorable consideration ofUongrcss. 1 have already recommended Ike raising of four additional regiments, and the report of the Secretary of War present strong reasons prov ' ing this increase* of the army, under existing • circumstances, to be indispensable. I w ould call the special attention of Congress to the recommendation of the Sec retary of the Navy in favor of the construction often small war steamers of light draught. For some years the government has been obliged on many oc casions to hire such steamers from individuals ,to supply its pressing wants. At the present moment we have no armed vcs*el in the navy w hich can penetrate the rivers of China. We 1 have but few which can enter any of the har bors south of Norfolk, although many millions of foreign and domestic commerce annually pass in ami out of these harbors. Some of our most valuable interc*ts ami im>.*t vulnerable points arc thus left exposed, Thi» cla*s of vessels of light draught, great speed, ami hea vy guns, would be formidable incoa*t defence. The cost of their construction will not be great, and they* will require but a comparatively small expenditure to keep them in counnission. In time of peace they will prove a* elective as much larger vessel*, and often more useful. < >ne of them should be at every station w here we maintain a *qitadron. and three or four should be constantly employed on our Atlantic ami Pacific coast*. Economy, utility, and cf ficiency combine to recommend them as almost , indispcnsiblc. Ten of thc*e *mall \c**c!.* 1 would be of incalculable ad vantage to the na val service, am! the whole eo.*t of their con struction would not exceed two million three I hundred thousand dollars, or 8230,099 each. INTERIOR DEPARTMENT. The report of the Secretary of the Interior is worthy of grave consideration. It treats of the numerous, important and diversified ofd<wuestic administrations intrusted to him by law. Among these the mo*t prom inent are the public lands and our relations i w ith the Indians. Our system for the disposal of the public lands, originating with the fathers of the re- I public, has been improved as exj>erience point ed the way, and gradually adapted to the irrow th and settlement of our western States ami Territories, It has worked well in prac- • tire. Already thirteen States am! seven Ter ritories have been carved out of these lands, and still more than a fho’j*aml millions of acres remain unsold. What a boundless pr«>*- pert this presents to our country of future pros- I jicrity ami power! We have hcrctore di*j»o* d of 36:1,802.461 ' acres of public land. \\ !iil*t the public land* as a source of re ven , uc are of great importance, their imjiortance is far grcateigas furnishing home* for industrious j citizens, w ho desire to subdue and cultivate the soil. They ought to be administered mainly w ith a view of promoting this wise and benev lent policy. In appropriating them for any other purpose, we ought to use even greater economy than it they had been converted into money and the proceeds w ere already in the public treasury. To squander away this rich est and noblest inheritance which any people have ever enjoyed upon objects of doubtful constitutionality or expediency would be to vi olate* one of the mo*t important trusts ever • committed to any people. Whilst I donut dc | ny to Congress the powers when acting bona ! n.7eas a proprietor, t > give any portions of ! them tor the purpose of increasing the value of the remainder, yet. considering thw great temptation to abuse this power, we cannot be , too cautious in its exercise. Actual settlers under existing laws are protect -1 cd against other purchasers at the jniblic sales, in 1 their right of pre-emption, to the extent ot a j quarter-section, or ltk» acres of land. The re mainder may then be disposed of at public, or entered at private sale in unlimited quantities. Speculation has of late years prevailed to a : great extent in the public land*. The conse j qiience has been that large portions ot them I have Income the property of individuals ami companies, and thus the price is greatly en hanced to tbo*e who desire to purchase for ac tual settlement. In order to limit the area of speculation as much as possible, the extinction of the Indian title and the extension of the pub lic survey* ought only to keep pace with the tide of emigration. If Congress should hereafter grant alternate sections to States or companies, as they have done heretofore, I recommend that tlw inter mediate sections retained by the government should Ik- subject to pre-emption by actual set- . tiers. It ought over to be our cardinal policy to re serve the public lands as much as may be for antual settlers, ami tin* at moderate price*. : We shall thus not only best promote the pros- ■ pcrity of the new- States and Territories, and : the pow er of the Union, but shall secure homes I for our jiostcrity for many generation*. The extension of our limit* has brought with in our juris<fiction many additional and popti- ! lons tribes of Indians, a large proportion of which are wihl. untra< table, ami difficult to control. Predatory am! warlike in their dis position and habit*, it i* impossible altogether to • --itrain tln-mfrom - onimi’t"igr jr- **?••’ *on ’ I each other, as well as upon our frontier citi zens and those emigrating to our distant States ami Territories, lienee expensive military ex peditions are frequently necessary to overawe and chastise the more lawless and hostile. The present system of making them valuable presents to influence them to remain at peace has proved inctfe* tuaL It is believed to be the i better policy to colonize them in suitable local- , itics, where they r can receive the rudiments of ' education and be gradually induced to adopt habits of industry. So far 11* th*? experiment has Imk*!i trie«l it has worked well in practice, I and it will doubtless prove to be less expensive than the present system. 'The whole number of Indians within our ter ritorial limits is believed to be, from the best «lata in tlie Interior war Department, about ' 325.099. 'The tribes of Cherokees, Choctaws. Chicka j saw*, am! Creek*, settled in the territory set . apart for them west of Arkansas, ore rapidly advancing in vdu *ation in all the art* ot civili zation ami self government; ami we may in dulge the agreeable anticipation that at no very distant day they will be incorporated into the Union as one of the sovereign States. It w ill be *ccn from the report of the Post- ■ POST OFFICE DEPARTMENT. master General that the Post Office Depart ment still continues to depend on the treasury. 1 as it has been compelled to do for several year* past, for an important portion of the means of *u*taining and extending it* operations. Their rapid grow th ami expansion arc *hown by a 1 | (lecenial statement of the post offices, and the ■ length of j ->*t road*, commencing with the ’ year 1827. In that year there w ere 7.0(H) post ■ ; office*: in ,in 1857 the number is 26.5*G. In this year 1.725 j»o*t office* have been established and 794 dScontiimed. havinga net increase of 1,021. — The i>ostmastcr* of 368 offices arc appointed by the President. * The length of p<»*t roads in 1827 was 105.- 336 miles; in 1"37. 141,242 miles; in 1847, 153.818 miles; ami in the year 1857 there are 242,691 mile* of post road, including 22,530 miles of railroad, un w hich the mails are trans ported. 'The expenditures of the department for the fiscal year ending on the 30th June, 1357, as adjusted h\ the Auditor, amounted to $11,507,- G7o. To defray these expenditures there was to the credit of the department on the Ist July 1856, the sum of 8789.599; the gross revenue ot the year, including the annual allowances I tor the transportation of free mail matter, pro duced 8*5 h 43,951 : and the remainder wassup : plied by the ap|>ropriatioii from the Treasury of $2,250,000, granted by the act of Congress | approved August 18, 1856, ami by the appro priation of $666,882 made by the act of March ’ 3, 1857, leaving $252,763 to be carried to the ■ credit of the department in the accounts of the current year. I commend to your considera . tion the report of the department in relation to the e.*tahlishment of the overland mail route from the Mi*.*issippi river to San Francisco, I California. '1 he route was selected with my lull conenrrem-e, as the one. in my judgment, t bc*t calculated to attain the important objects ‘ aiUicijaitcd by Congress. coNci.rsiox. 1 he late disastrous monetary revulsion mav have one go<nl etfcct should it cause both the ' government ami the people to return to the practice of a wise and judicious economy both in public and private expenditures. An overflowieg treasury ha* led to habits of prodigality and extravagance inoiir legislation. It ha* induced Congre.** to make large appro priatioiis to objects for w hich they never would have provided had it been ncc< s*ary to raise the amount of revenue required to meet them by increased taxation or by loans. We are now compelled to pause in our career, and to scruti nize’our exp Imlitures with the utmost vigi lance; ami in performing this duty. 1 pledge my co-operation to the extent of my constitu tional authority. It ought to be observe 1 at the same Him*, that true public economy d»»c.* not consist in w ithhohliiig the means i»cee*-ar\ to accomplish imj> >rtnnt national ohje< t* in*tru. tc<l Us by Hie eonstit .ition. ami espe« :a!ly *n-h as may be iicce*s.-iry for the common <K f« nc.'. In the pre sent cri*i* <>! the country, it i* our duty to c<»u --( tine our appropriations <<. o! j. < «»f this char- acter. unh *' in ca’e* where justice to individ j nals may demand a different course. In al! i casescare ought to be taken that the money granted by Congre** shall be faithfully and economically applied. Under the federal constitution, “every bill which shall have passed the House of Kepre seiitatives ami the Senate shall, before, it be come- a law,” be approved and signed by tbc President; and if not approved. "he shall re turn it with hi* objections to that House in which it originated.” In order to perform this 1 high ami responsible duty, sufficient time must be allowed the President to read and examine even bill presented to him f« 1 j proval. Un- I I •** the* be attbrded, thecon*t;t 1: ioii beconicsa dead letter in this particular: ami wen worse, it becomes a means of decv|»t icii. Our constit uent*, seeing the President’s approval ami sig nature attached to each act of Congress, are in duced to believe that he lias actually perform ed this duty, when, in truth, nothing is, in many eases, more unfounded. From the practice of Congress, such an ex ; amination of each bill as the constitution re quires, has been rendered impossible. The most important business of ea< h session is , generally crowded into its la*t hour*, and the alternative presented to the Pre.-’ulvnt is either I to violate the constitutional duty which he owestothe people, ami approve hills which, for want of time, it is impossible he should have examined, or by his refusal to do this, subject the country and individual* to great i loss and inconvenience. Besides a practice has grown up of late years to legislate in appropriation bills, at the last hours of the session, on new and important Mihjects. This practice constrains the Presi dent either to suffer measures to become laws which he do< .* not :qq>rovc. or to incur the risk ot Stopping the wheels of government by ve toing an appropriation bill. Formerly, such bills were confined to specific appropriations for carrying into effect existing laws and the well established policy of the country, and lit tle time was then required by the President for their examination. For my own part, 1 have deliberately determined that I shall ap prove no bill w hich 1 have nut examined, and it will be a ca.*c of extreme ami most urgent necessity which shall ever induce me to depart from this rule. I therefore respectfully, but earnestly, recommend that the two houses would allow the President at least two days previous to the mliourmneiit of each session within which no new bill shall be presented to I him for approval, l a lerthe existing joint rule j one day is allowed: but this rule ha* been i hitherto so constantly suspended in practice, that important bill* continue to be presented , to him till the very la*’ moments of the session. In a large majority «.f cases no great public i ineonvience can arise from the w ant of time to examine their provi*i«»ns, because the consti tution ha* declared that if a bill he presented to the President w ithin the last ten days of the session he is not rc<juir I to return it. cither with an approval or with a veto, "in which case it shall not be a law." It may then lie over, ami be fak< n up and !».•:*• ] at the next session. Great inconvenience would only be experienc ed in regard to apjrropri.ition bills; but fortu nately, nmlvr the late ex-client law allowing a *«ilary. inst«\i*l of apme to menib r* of Congre** the expense and inconvenience of a ; called *e**ioit wTH he greatly re<luced, I cannot conclude without commending to your favorable con.*idvrution the interests of the people of this Di*trh-t. Without a repre sentative on thefloorof Congress, they have for this very reason peculiar claims upon our just regard. To this I know, from my long ar.piain tance with them, thev are eminentlv entitled. j MES BUCHAXAS. Washington, Dee. 8, 1857. Tom Tiifmb beaten.—Tliere is a dwarf now exhibiting in C*»lumbu«, Ga., only 28 inches high. He i* a widow- with two children. State ✓ I MACON, GA. Thursday, December 17,1857. PRESIDENT S MESSAGE. We publish, to-day the Message ot the Presi dent—the opinions of a man and not ot a god —and like all other human productions, to be receive*! with caution, and approved or con demned according to its intrin*ic merits, and without reference to the fame, station, or pow er ofthe author. Indiscriminate abuse isto be expected from opposing bigots, and indiscrim inate adulation from the satellites, who are con tent to pass their lives in obedient revolution* around the fixed centre of authority. We shall fall into neither extreme, making it our rule to "prove all things” and “hold fast to that which is good.” While we shall accept with satisfaction nnd defend with ardor, many of the propositions enum iated in this document, there are others, to which w e can by no means subscribe, and from which we shall dissent without ceremony or equivocation. The views ofthe President on the subject of the ( frrency meet with a hearty assent from us, ami, in no distant period, will command the almost univeisal approbation of the people. He the re*ponsibility for the present wretched condition of monetary affairs w here it properly belongs—upon the Banks—and ascribes all our disasters to the spirit of specu lation and stock-gambling which notoriously pervades these Institutions. He regrets the limited power of the General Government to restrain the lourteen hundred Bank Corpora tions in the country w ithin their legitimate spheres, but he earnestly exhorts the Congress to exert all the powers which they constitu tionally possess in the premises. To that end, he recommends the pa**age of a compulsory Bankrupt Act against the Bank*, from which there can be no evasion, ami w hich shall make it impossible for a Bank Company to survive a moment after a suspension of specie payments. The State Governments are referred to, as the proper parties to accomplish other needed re forms. To expel from circulation, by a law of gradual operation, all bills below the denom ination of ffty— to compel the banks to keep on hand at all times, specie to the amount of one third of all their liabilities—to exact week ly statements of their condition, ami to follow the example ofthe General Government in the passage of stringent Bankrupt laws against these Institutions—are measures which the President commends to the favor of the people. In connection with this subject, the very able report of the Secret ary’of the Treasurydescrves a careful perusal. lie recommend* the passage ' ofthe Bankrupt Act. not only against Banks, ' hut also against their compeers and confeder i ates in speculation, the Railroad Companies of i the country. Such laws seem to us eminently i desirable, ami wo would hail their enactment as ' the precursor of the day, when the people of ■ the United States *hall be freed from a despo -1 tisin a* remorseless and exacting as any known to Europe. We mean the despotism of com j billed Corporations ami Monopolies from i w hich the country sutler* in every section of ; the Union. Such mea*urc* would at least . tenuh them, that they are not yet above the i law . Mr. Cobb al*o recommends the nd<q»tion t of the Independent Treasury System in the Government* of the States—a rollcetion and ' di'bursrim. nt of all their fund* in hard money —as an effective mean* of retaining a due pro portion of gold and silver in the country. We have already taken occasion to urge this meas uro. in the columns of our paper. We commend Hie views of the President ami > ike Se< rctnry. on tbi* subj i t. t » the attention of our Legislature m>w in Sv*.*ion—calling |>ar ticiilar notice to this fait, viz.: the amount of ; specie which it is held necessary that Bank* shall keep on hand, is one-third, not of circula tion merely, but of circulation un'l deposites. In our judgment, any less amount will be too little. The statement as to the condition of our Foreign Affairs, will be found to be generally satisfactory ; nor do we entertain a doubt that Mr. Buchanan will conduct this department of the Government, not only with wisdom, but with firmness and a jealous regard for the hon or and dignity ofthe American people. Upon the subject of the Kansas-Wai kei:- Lmbrog! u», the Message, we ar*- con*traincd to say, attbrds no satisfactory explanation. It i* now here alleged that Walker has transcend ed his instructions. It i* nowhere hinted that there has been any ditference of opinion be tween the Executive and his Agent—and the reader will be at a loss to discover any of those profound reasons of State which we have been told to expert in the Mcs*age, and which, it was insisted, would so fully explain and jus tify the retention of Walker in office. On the contrary, the Message is. upon this subject, very guarded ami reserved—for the mo.*t part, ominously silent —ami where not silent, silence would have been greatly t be preferred. He tells us that it has been his “duty and unques tionable right” to pronounce an “ opinion as to the construction” of the Kansas Act —that he has entertained “no doubt” that the Art i rec/aired the submission of the question of slavery to a "direct vote of the people of Kan sas”—and "hence” (we quote u my instruction* to Gov. Walker in favor of sub mitting the Constitution to the people were ex pressed in general and unqualified terms.” Tbi* is all that is •'aid with reference to Walk er—no intimation that he has transcended his powers —no reprimand for any portion of his official proceeding*—and a* to the matter of his retention in office —ala*! for the vaticina tion* of the priests who superintend the wor ship of the Administration in Georgia—no lights,” no “exfiliation,” no word of comfort whatever! < hi the contrary, it appears tons, the Message is an endorsement rather than otherwise, of Gov. Walker’* general career in Kansas. The great objection which the Democracy of Geor gia have urged against this official, ite this— that he ha* told the people that, in the event the question of slavery was not submitted them for ratification, he. the President, and the Congre**. would make war iq»on the Con stitution of Kansas—or, in other words, we have <lcnoum-ed him. because he ha* sought to dictate to the people of Kansas the manner of forming their Constitution. Yet it appears that Mr. Bucluinaa has done tbi* very thing— claiming it as his rhjht to construe the act — then construing it to mean the question of sla very be submitted to the people —and fi- ; nally ZnxD’uch/q; Walker in "unqualified” terms [ to to it flint hi* roiiMrm tion >* maintain cd in Kansas. Others may do ns they please 1 but wc shall not stultify ourselves by applaud ing usurpations like these. The Democracy of this State censured Walker for dictating a course of conduct to the people of Kansas in the adoption of their Constitution, and we shall leave it to others to praise the President because : he has attempted the very identical thing. We ‘ contend that the Constitutional Convention of , Kansas was a sovereign body—having the right 1 to prohibit or establish slavery precisely as I they pleased, and that, without any submission of the clause to the ratification of the peoplc-as was the “early practice” in the history ofthe country, as the President himself admit*. This is our opinion, and we do not stand alone. On the contrary, the Milledgeville Meet ing. composed, in part, of the first merr rn Geor gia, and, in the aggregate, as respetable a body as was ever assembled anywhere, have enun ciated the same views. These are two of their resolutions: ”<l. R' That the position of Governor Walk er, in his Inaugural Address, in throwing the weight of his otheial opinion, founded upon climate, Ac., against the Southern side of the question in the Ter ritorv ; in proclaiming that the Constitution of Kan sas should be submitted for raiiticahyn as the only mode us adoption when ‘-the h-gally and fairly ex pressed will of the majority of the actual residents” of the Territory, mnjht determine upon anotlwr; and in declaring the class of voters to whom ••nhi il should be submitted, when the ‘‘legally and fairly expressed will of a majority ot the people inlaid de termine oth-vri'f, w»< in plain palpable, nnd danger ous violation ofthe principles of the Kansas Act, as set forth and embodied in tlie foregoing resolutions. sth, It-y>h<<l, That whenever a Territory applies for admission as a State into the Union, with a Con .'titution rJ|»ubliean in form, and adopted in pursu ance ofthe requirments of law. Congress has no pow er to inquire into the matter of such Constitution, nor into the manner of its adoption, farther than to see that it embodies the legally and fairly expressed will ofthe majority of the peojde, ascertained in such way as they may have legally determined for themselves, and we regard anv interference by Congress with cith er the math r or the manntr as above stated, as equal ly unconstitutional and dangerous to the rights ot the States. Y’ct it appears that the President shared the opinion of Walker as to the submission of (he alar ery clause in the Constitution—and holds, that in the event that clause had not been sub mitted, tlie proceeding* ofthe Kansas Conven tion would have been void. Now if it was “unwarrantable” for Walker to dictate the submission of the whole Con*titutlon, it vvns equally "unwarrantable” for Mr. Budiamin to dictate the submission of a part -and this he tells us plainly he has done. And, again—if I it is “ dangerous and unconstitutional” a* the Milledgeville Resolution says, for Congress to , interfere with the mount r of Hie adoption of i the Constitution, what shall we say of Mr. I Buchanan who tells us that the slavery clause I mitat have been submitted to a popular vote— ■ and that such w ;* the tenor of hi* instructions jto Walker ! If it is wrong in Hie Congress, is :it right in the President t We must be per mitted re*pe« tfully to dissent from the whole ; argument, with which the President en-l*-avors ■ to prove his right to construe the Kan*a* Act. . and to dictate the submission of any portion of i the Kansas Con*titution to the people. It was, tor thi*. that we cci»*ured Walker, and most 1 assuredly we shall never be such sycoplnmts nt I the throne of power, a* to laud that in the master which wc denounce in the mam Nevertheless, it ba* h.iiqwncl, (hat this Kansas question, so ]*rotc:n> in form* msl fruit ful in issue*, now prc*eiit* itself in a *!.np*-. which, for the moment, throw* into the back ground all these consideration---the in-t. m , tion* to Walker, the intervention of th • Ex ' cciitive frml brin-s to the support <«.' i the President, in a soli I b»ly, all tho* ■ Southern men who hav > b'<>ppu-- <1 his Kansas Policy, mi l who :c - <!*** 3. * ivd. like ourselves, with the theory broached in the Message. Ta«* Kansas C »•»*!il :ti*Mi:d(.’mi vention have not *:i’»utirr«- 1 t!u-eiitiiv (unsti tution to Hie rat;:i<-ation ofthe people a* Mr. Buchanan anxiously desired. But they hare I submitted the s’mff.c cl.m* ■. Laving reference to the (piestion of slavery—anA lx*re arrives the new point of controversy. The Black Re publicans, backed by *ome « t’ the Northern I Democrats, contend that the Convention was bound to have submitted the ichde Constitu , tion-and that having failed t » do so, their work jis void. Mr. Buchanan that the sub mission ofthe single clause is cuonglg ai?»l in that position, the wh«»le South mrr*t sustain him. however much dissatisfied with the rea soning which Lils brought him to hi* conclu sion. Yet it i* clear that this co-operation of the South ha* been brought about only by an accident, and that there is no real concurrence of opinion. If, fur instance, the Convention had i declined to submit to the popular vorfe any part of the Constitution—which a* nine-tenths ofthe Southern [K*ople agree, they had a per fect right to do—the President would have been found contending against us, and main taining, with our enemies, that, the popular rat i fication of the Constitution wa* the indi.-qvusa ble pre-requisite of the admission of Kansas. Upon this fim iamenttd qnestjon, he is wide ly at variance with all the Statesmen of the South—contending that Congress has jurisdic tion over the manner of tkc adoption of Con stitutions in the territories —himself telling us that the slavery clause munt have been submit ted —and saved, merely by anzt r/Wr/d, from an utter and open breach with his Smthcrn sup porters. It is a painful reflection, bur it is unques tionably true, that while on thi* single issue, al! Southern men will be found on tlie side of the President, not one in a hundred can sul>- scribe to the propositionsemlrraced in the Mes sage —such a state of parties i* precarious— and a* one accident has produced it to-day, another accident may destroy it to-morrow. It is hardly possible to conceive a wider dif ference of opinion, than that which exist* be tween the President and the great body ofthe Southern politicians —tlie last holding that a Constitutional Convention is mweeeiyn. and the other that it can do no a< t having reference to Slavery without the subsequent ratification of the people —the last holding that all interfer ence by the Executive is dangerous and to be resisted, and the first claiming it as a right to con*true the territorial law, and instructing bis agent to carry that const: action into operation. How long such a combination can last, depend* solely on the chapter of accidents, and batlies every attempt at conjecture. For the present, however, tlie discussion of principles and theories must stand adjourned— all other considerations being absorbed in the < >ne practical issue before us. Ihe entire South, without distinction of party, w ill be found on the side of Mr. Buchanan —contending that the Kansas Convention have exercised no pow er which they did not legally posses*, and resist ing to the bitter end, any and every attempt by Congress to dictate to the people of Kansas the manner of the adoption of their Constitution. Upon this subject there i<. and can be, no di vision of sentiment on the South side of the Potomac. THE "TELEGRAPH" AND THE MESSAGE The ‘‘Telegraph” is delighted with the message of Mr. Buchanan—and not content with unqualified commendation of the President, takes it upon itself to plead for a suspension of opinion iu the case of Senator Douglas, who has just made a speech against the Lecompton constitution and denied the right of the Kansas Convention to frame a Constitution with out submitting it to the people. Nobody will deny that the "Telegraph” has a perfect right to boast that it has been disposed to defend Mr. Bfchanan’h Kan sas policy from the first -neither will anybody be surprised to find it interposing between Doug las and the indignation of the Southern people.— "Honor to whom honor is due’’ —let the •‘Telegraph’’ be satisfied that few will dispute its claims to be con sidered as champion in of Mr. Buchanan’s whole policy in Kansas, and as apologist in fttluro for the unexjiected course of Mr. Douglas. HON. JOHN C. BRECKINBIDGE. Hon. John C. Bheckinhidgb, Vice President of the ' United States, passed through MaCon on Monday night <n ' for Washington. He stopped fora short while at Brown’s Hotel, where he was received by i Mayor Adams and a huge concourse of citizens. Mr. Breckiuridge, as the Columbus Enquirer remarks, i« a fine specimen of the Kentucky genut homo. He i$ B feet high of strong marked features aud well devel oped person. His honest countenance and frank man ners are well calculated to leave a favorable impres sion on the minds of strangers. [communicated.] •When vice prevails, and impious men bear sway. The post of honor is a private station.” As one of the Macon body politic, I claim the priv ilege of your columns for the purpose of ascertaining from tho*e *ho are best informed uyun the subject, whether or not the three Garris’s have ever been ac quitted of the crime for which they were incarcerated in our jail me months ago. 1 undine to the opinion that they were not. But a brief period has elapsed when they are brought handcuffed to the polls, there side by side with the American freemen to depo»ite a felon’s vote, ami return to be again immured in their prison cells. A few days thereafter the public prints announced th* ir ‘'escape from jail by means of uu axe placed in their hands by some person un known." We do not hear of them again until the ••/// . /• In, i i'ortii" require their suffrages, when true to their natural impulses we find two es the three pi i*(»i:<’« * again depositing their votes at our municipal electi*»iu The question them arises, why are not th- s? prisoners arrested ' we answer, simp le because they vote with the same party to winch the sheriff and jail**r are attached. It is a foul shame : that such acts should be tolerate*! in un enlightened mimtry and in rhe face -fa respectable community. Shakspeare has said, “’Tis seldom when the steeled jailor is the friend of men," but had the bard lived in these our <lay* he would have discovered aiuong the beauties of a free government, dqiraved officials and outraged laws. If the Garris’s are fugitives t< »m justice, was it not the duty of the sheriff to ar rest them ? If his conscience does not dictate such a cou:.*c does not his oath compel it? Together with the above, ruui-r say* that the prisoners are not res idents of the city, and therefore have again crimina ted themselves by voting illegally, and that too in the presence of the officers of the law ! These are stub born facts; they speak for themselves, and need no further comment. AN AMERICAN. BOOK TABLE. i K/ i' 1,-■ The December number of this pe- riodical baa reached us. To our mind it is one of the best of tlie Monthlies, and the present number fully sustains its reputation. In fact like good wiue **okl Knick” seems to improve with age. JureniK H’orZ'-. Through the courtesy of Mr. Boardm \n we have received several books for young folks, recently issued from the press of Messrs. At’- pi.eton A (’•». A* the time for ** Christmas’ gifts" i* drawi-.ur we would remind the reader that then? are >.*• bet * r pr. -cst •, win :her foryouugor old, than g. hi ...k* ai.d 80. LI v. >’ is just the place to gvS them. Ans -•u to i'xi :m\. T-» the Enigma published LbM; wcc\ ow the gn.ituie »f " Beta," the correct an * \er " U uiver iiy of Virg: u. i” > h is been furn i iu ib' II i. ■: Butler. .!. B. A. of Montgomery, and T. ('. a<’ <-l Mo.- u. Want of space compels u.*to defer J. IL M.’s Enigma. 2 " We print ihe Pre i lent’* Message to-day in. large type a*i-l c ihl * •; unen lit to the careful perusal of our n-.ul It* length has compelled us to post pone numerous C'Umnuuic.itnris am? BiUtorials in tended for thi* nu’uher. N vt w *ek we will try fry have shorter articles and a greater variety of reading matter. For Sale.- A. R. Lamar, Esq., Editor and Pro prietor of the Savannah G >rgian, offers a half inter est in his paper for sulr on the most accommodating terms. This is a first-rate chance for any one wish ing to engage in the printing business, as the-Geor gian is one of the h ading papers in the State, and has a large advertising and subscription patronage. Devth of a PriNTEi:. The ‘‘Telegraph” of Tues day announces the death of Samuel Wright Minor. probably the oldest printer in Georgia. He has been connected with various papers iu different parte of noted 1 i' the inten st which he t<»"k in politics, lie was a son of Col. Wil liam Minor, an officer in the Revolutionary Army.— Hewa*boru i:i M trylaud in 1751, and died in this city on the I'dh ii»st. City Election. The Election last Saturday result ed very differently from our anticipations. The suc cess of th.) Know Nothings, however, is to be ascribed not so much to their numerical strength as to various local issues which operated in their favor. The Dem ocrats, w believe, have an actual majority both in the county and town; and although we have been' disappointed this time, let us pick the flint and try it again at the coming election in January. Mount Vernon Find.- We Ham from a private letter to a friend that Mr. A. IL H. Dawson will re peat hi* Mount Vernon Lecture, et Concert Hall, in this city next Monday night. We hope this simple announcement will insure him a fid! house. Rccol !« . t. his * Ir object is t • urge the claims of the Mount Vernon Fund, upon public consideration. Contribu tions in nid of the cause will be left entirely to the mauagemenct of t’ne tadies of the cninmu-nity. * - 'Gen. Win. Walker has landed in Nicaragua with 300 men. On a Large Scale. Mr. Nathan Weed believe* in doing things ou an extensive plan. He has a large *iiin in tlw shape of a monster anvil a large adver tis< ini-ut, as will be seen in our advertising columns — and a large stock, at his well known stand, on Mnl kw-ri vSi rec’, near the Lanier House. Consequently Ire does a very large foisiness, and is able to sell eve ry thing in the hardware line at moderate prices. Uoi.i vbi * Election. The Election i-n Celnmbtw on tlu* 12th in.*!., resulted in the re-election of WR kins, for Mayor; Hughes, for Marshal; Robmsow, Deputy Marshal; Stratton, for Clerk of Council; »»<l the election of Robert G. Mitcbell, for City Treasurer »wer John Lloyd, present incumbent. Mortality in Macon.-Tlxe Sexton reports inter ment* f«r the months of Augi>t4. September and Oc tober White Adults, 21; Children, 23; Colored Adults, 14; Children, 11. Total, 39. [Reported for the "State Press.”] GEORGIA LEGISLATURE. Milledgeville, Dec. 15th 1857, Since my last, the Senate bas passed the appropria tion for the erection of the Asylum for the Blind. — There can la* no doubt that the Governor will sane tion if; and as it has already passed the House it will then be a law, I have heard prominent citizens of Macon suggest that the present situation of the Asylum is u*4 as da siruble a site as Troup Hill would be. The lot now occupied by the institution is too small ; whereas* Troup Hill bas plenty of apace on its summit. To-day the House rejected the hill providing for the increase of the salaries of the Governor and Judges of the Supreme and Superior €ourts, Ac. This I regard as narrow.minded policy, and its evil effects mav be seen everyday. Mow can the Legislature ex 'p. . t di-tingni-h <1 m-n rr«itfn thrir lucrative pm