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THK CONSTITUTIONALIST. JAMES GARDNER. JR. TERMS. Daily, per annum 5° 00 Tri-Weekly, per annual..... 8 UO If paid in advance..... 5 (X) Week)}', per annum.. 00 If paid in advance Z 50 To ('lulls, re mining ;£IU in advance. FIVE COPIES are sent. Tliis will pat our W eekly pa per m the reach of new subscribers at TWO DOLLARS A WEAR. {fj’Subscribers n ho will pay up arrearages, and send four new subscribers, with the money, can get the paper at 5- W- If [0“All new subscriptions must be paid in ua- j trance. fr7*Posta»c must be paid oh all coßimumcatieus and iutters of business. —— —will 11 *■■■■«■ II i. TW i 1 m rirr —\ BY OUR PONY EXPRESS. 24 HOUUS IN ADVANCE OF THE MAIL, j j [From the New Orleans Picayune, ICt'i m.sf] Later from Vera Cruz. The ship 1 ahmaroo, Capt. Sinclair, arrived yesterday from Vera Cruz. Sue sailed on the Bth lust., four day* subsequent to our previous date*. The Tahmaro® arrived in Vera Cruz 1 from this port on the Gth inst., with four compa- j niei of tlic sth Tennessee Volunteers. The same day the ship Republic arrived from j Charleston with 316 men, under Capt. Hill, Ist Artillery. By this arrival we have accounts of the re- ! newal of outrages by the guerrillas. A wagon j train has been attacked, and the belief is that a large amount of property has been seized. The j particulars of the affair are given in the Free | American of the sth iust.: Train Attacked by the Caerrillcros- January 4,1 o’clock, lb M.—We have just learned that the last of the train which left yes terday morning for the capital was attacked by a large guerrilla force at Santa Fe. We glean from the various rumors the following stats- | meat; For some cause, not understood hero, a por tion of the train was unable to leave their en- , campmeut near this city until this morning; in dragging through the heavy sand the train and pack mules, of which there was a large | number, became much scattered, so much so that the rear guard, which consisted of C,;pt. Ruff’s company of the regiment of Mounted Riflemen, under the command of Ist Lieut. Walker, was thrown nearly seven miles in the rear of the main body of the wagon train; about 9 o’clock word was sent back that a guer rilla party at Santa Fe had capture I some of the packs scattered along the road. Lieut. 'Walker, leaving ten riflemen, with some wagons which had not been able to keep up, | immediately moved up to Santa Fe, where he found the guerrillas drawn up. One statement makes them 400 strong, another 250. They were immediately charged by the rifle- , men, and without attempting to stand and re sist, they scattered, keeping up a random and destructive tire upon Lieut. Walker’s little party of thirty men, who, finding it impossible to sent forward to the advance, sent a messen ger to this city stating nearly as above. Sub sequent messengers, two or three of w hom are men of the company, and who were in the light, state that Ruff’s company had been surround ed and nearly every man cut off; that Lieu. Walker had been killed, and that some sixty i mules had been driven off by the guerrillas. Another, who left still later, contradicts the death of Lieut. Walker, but states clearly and positively that he was ordered in by Lieut. W. to report to Gen. Twiggs—that the lb tanivint had posted the co r puny, or what remained of them in a ravine, from which they continued to keep up a most destructive tire upon the Mexican lancers. A company of Ist Dragoons, Lieut. Gardiner’s, had been sent out, and also i a mounted company of Louisiana Volunteers. Wo await in painful suspense farther infor mation, but arc inclined to think that, though attacked by ten times their numbers, no serious ; loss has occurred, either of property or lives. | We discredit entirely the death of Lieut. 1 Walker, and give the whole statement merely as rumor. It is a singular fact, that Ruff’s company of riflemen, though actively engag ed in all the battles of the valley, and all kinds I of duty, have not yet, in any one instance, made a march of over ten uI-Um without get ting under the Are of the enemy. Seven o’clock, P. M. —A few soldiers j u*t , arrived from Santa Fe with despatches to Gen. | Twiggs, some of them report that an engage ment had taken place between the guerrillas and Lie it. Walker, in which the- former lost some twenty-five men, and the latter five men killed and wounded. The guerrillas have been defeated; but it is ~ thought by our informant that a few pack piulcs have been carried off. Lieut. Walker is now on his way to the National Bridge, together with the reinforce ments sent to him by the Governor. We hope that they may overtake the robbers and chas tise them. Groat credit is due to Gen. Twiggs for his promptness in sending the reinforcement. The report of the danger in which Lieut. Walker was in, had hardly been received here when he sent two companies of mounted men to his assistance. One of the mon who came with the escort says that there was only one American kill ed. We have learned that a letter has been re ceived by Gen. Twiggs, by the same express, j which estimates our loss to be six killed, and i that of the Mexicans to be twenty killed. The report that Lieut. Walker had been killed is- unfounded. The number of guerrillas amounted to about 490 men. The small band under Lieut. Walker made a noble defence, and the enemy retreated. Further from Lieut. Walker's Command. By Express.—Just as we were going to press w« received the following distressing letter from a friend. The letter was written alter the en gagement of Lieut. Walker’s men and the guerrillas : Santa Fe, Jan. 4 —9 o’clock.—Here wc are -r-wc have lost about 390 pack mules—one hundred- tliousand dollars’ worth of property! The guerrillas attacked us at 1 o’clock; we have lost about ten men out of thirty under Lieut. Walker, of the Rifles. He was obliged to dismount his men in an open prairie, for at the first fire seventeen horses broke from under their riders. Thirty men were not enough to j protect a million worth of property. Yours, &c., g. x. The same paper of the Sth inst. has the fol lowing paragraph on the same subject: We understand that some of the merchants who suffered from the loss of the mules taken by the robbers left this city for Orizaba, or Cor dova (we suppose) to eater into an arrange ment with them. We wish them success. Tho Free American says the steamer South erner has been seized by the custom-house au : non ties of Tiacotalpaiu fur having a quantity 1 of powder concealed on board. ’ < The Arco Iris of the 7th iust., as we see by ■ the Free American, has the following curious ’ article: * Tin: Treaty of Peace Signed,—ln a letter ’ r*c ‘ive l by us yesterday from our com -pou- , 1 dent at Julapa, he informs us that an individual f holding a high position in the American army, and whose assertions deserve entire credit, said publicly, and without the least reserve, ; that from letters received at Jalapa from Puebla, on the Ist inst., it Was positively j known that a treaty of peace had been signed iii Mexico. On being told that it was strange that this should be the case, as Mr. Tri*t had , not the power to sign such treaty, he answered I that Geu. Scott had taken it upon his own responsibility to sign the treaty, in consequence ; of which the treaty had been sent toQueretaro for the approbation of the Mexican Govern ment. The Free American, putting no faith in the rumor, goes to reason on the subject us fol lows; It is very strange, indeed, if this be true. ; Gen. R'coct, it he is directed by his Govern ment not to sign any treaty, would certainly not sign one. He is too well known for his obedience to superior orders to put himself in a position that his countrymen might not ap prove; he has too much at heart the friendly feelings of those whom he serves. The annual message of the President assures us that Mr. Trist’s powers had been ! revoked, and that he was recalled. It is true 1 that Mr. Trist has not yet left the city of Mex- ( ico; but this ho may do to await farther orders i from his Government relative to the proposi tions of peace lately made by the Mexican i Cmimissioners, to which he could certainly not h ive received any answer from Washing- ! ton before the Ist of the present mouth. The Mexicans could not have been in such i a hurry to make the pence, as they have al ways j refused the propositions made by our envoy, and we are certain that Gen. Scott is not so anxious for it as to grasp at the first shadow of an opportunity. We wish to receive the news of peace from a better source before we give credit to it. Fran) tho Rio Chxmlo- The schooner 11. S. Scranton, Capt. Taber, arrived yesterday from the Brazos, having sailed thence on the 11th inst. By her we have the American Flag, from Matamoros, to the 9th. Major M. S. Pitcher, of the 11th ! infantry, came passenger on the Scranton. There had been no lute arrival from Mon- | torey. Here is a notice which we cut from the Flag of the (sth inst. Is it not characteristic , of American |U ogress? In virtue of the desire strongly and unani- i mously expressed by a great dumber Os Mexi- ; can citizens, as well as residents of all nations, : wc announce that a meeting of the friend* of ; education will take place on Sunday, the 9th inst., at 4 o’clock, I*. M., at the Cathedral.— | All arc invited, and all must attend. Who will be absent from a meeting where can be laid the corner-stone for the education of the million r Who will nut lend Ins aid in such an effort to diffuse knowledge and science —an effort to elevate a nation ? Let us give an impetus to this cause that cannot be arrest ed. Our Government officers would be high , ly gratified, would feel proud, to see the civil ■ ] authorities and the citizens generally take their appropriate places, the lead in this great work. They pledge themselves to sustain the j effort to the utmost of their abilities. Col. Davenport left Matamoros on the Sth inst., on a tour of inspection to the mouth of the river and Brazos Santiago. Major David 11. Vinton, Quartermaster,and Capt. C. W. Davis, Assistant Quartermaster, arrived at Matamoros on the Sth inst. cm the steamer Whiteville from the mouth of the river—the former on hi? way to Gen. Wool’s headquarters as chief quartermaster on this line, and the latter to take post at Cerrulvo. 1 The following article wo extract from the Flag of the 9th inst. We mentioned in our paper of tho 3d inst. that a lot of silver valued at ninety thousand dollars arrived here on the Ist. The duties [ on this (seven per cent.) will amount to about seven thousand dollars. It was consigned to Mr. J. I*. Schatzell, cx-Unitcd States Consul. As money appears somewhat difficult to raise here on short notice, our commandant allowed ! him to take the silver on his giving his writ ten promise fur the amount of the duties pay able on demand. Yesterday (the 7th) tho payment of tho duties was formally demand - I eJ, bat were not met. Our active and efficient collector, Capt. W. W. Chapman, was com pelled by tariff regulations dated March 30, 1817, to place a sentinel over the silver. Mr. Schatzell most unaccountably refused to pay the duties, refused to deposit a number of | bars of the silver equal to the value of duties. Would not tell where the silver was, nor give the key to any of his rooms. This is the more strange alter the indulgence shown him , by our worthy commandant, Col. Davenport. | Capt. Chapman had no other course left but to iufce a uoo?, which he promptly did, found the silver and placed a strong guard over it.— We understand that tho sentinel will remain until the duties are paid. We also understand that the captain posts every relief of sentinel i and counts the bars (85) each visit. Different conduct or example might be ex pected from Mr. Schatzell, who has been for several years the representative of our Gov ernment at this post —were it not (to use the mildest term applicable) for his wayward dis position, so notorious. From Jamaica and the Pacific- The bark Alton, Capt. Bowman, arrived yesterday from Kingston, Jamaica, having sail ed thence on the 6th iust, The Afton made I the passage from this port to Kingston in ex traordinary short time. She brought back from Kingston, Mid fipm in J. K. Wilson, of the U. S. Navy, bearer of despatches from ' California, Midshipman 11. N. Crabb, of the ; Navy, and Dr. W. J. Powell, of the U. S. ship Warren. Midshipman Wilson left California on the 10th ol October, on the Preble, and arrived at Panama on the 30th of November. Com. Jones, John R. Clay, Charge to Peru, and Seth Barton, Charge to Chili, left Panama the same evening for Valparaiso, on the British steamer. The three gentlemen who arrived Lore on tho Afton came over from Chagres to Kingston on the Avon, a noble British steamer of 1900 tons. Capt. Hull, of the LL S. Navy, and Sir Baldwin Walker, of the Biitish Navy, were ( also passengers on the Aron. On the Bth of October, the city of Chagrcs was entirely destroyed by tire. The custom house, a miserable thatched building, contain ing property to the amount of .$30,000, belong ing the English merchants, which had just : been landed, was entirely consumed. The belief was that the building had been purpo *ely fired by a black man. Major. Geu. Lambert, commander-in-chief of the British forces in the Island of Jamaica, • died at Kingston on the 4th inst. in the sixty sixth year of his age. His remains were buried the evening of the same day, with military honors. Nothing of news reaches us from California by tills arrival. We have continuations of the deaths of Maj. Cloud, Paymaster, and Lieut, i Minor, of the Artillery. They died in Sep tember last. Maj. Cloud was thrown from his mule at Sacramento, and killed. A singular incident happened to some offi cers of the British Navy off the Mexican coast. A frigate and another vessel were off’ Zicatula, a port between San Bias and Aca pulco, engaged in surveying the coast. They sent a boat ashore for some purpose connected with their survey, when a party of Mexicans figi upon them, and made the whole prisoner?. It was in vain that they protested that they ' t were Englishmen ami belonged to a national 1 ship, idle Mexicans insisted that they were i Yankees —looked like them, and spoke the 1 1 same language. Finally one of the English j men was sent oif under an escort of Acapulco, ! i to see the commandant there, from whom ; < an order was obtained for the release of the : , party. While they were in confinement, and i threatened daily with bein-j hung, and expect ing it, the soldiers placed over them could be heard descanting upon the different articles of i dress of the prisoners, and dividing the spoils j between them, in a Ivance of their execution. The incident was Indicroui in some aspects; but quite a sober affair, for a time, to the Fag- . lish sailors. Passengers per bark Afton, from Kingston, ; Ja., which left U. Si squadron off the western 1 coast of Mexico, on the 10th of October, report i the U. 3. ship Independence, Cyano, Eric, and Southampton, MOBILE. Jan. 17— P. M.— Cotton.— \ fair busi ness has been transacted during the past three Jays and prices stead;,' at previous ({notations, sav 'i.g k (14c. tor mid. 'l'he inquiry has not been gea j era!, but on ea - h day there was a good attendance ; of buyers who manifested a willingness to operate at the current rates, and although many holder* 1 refuse selling, and some claim higher prices, the i I market has alforj -fi sufficient scope for the de mand. Tiie were on Saturday 3,QUO, Moadav j ; 2,0i K) aufi to-dav 3.003 bales. E cckau^e. —There continues to boa moderate 1 ; business do ng, the demand, however, chieffv con lined to sight and northern bills, of which there is | ! scarcely a su licient supply out doors. la rales there is no change. Freights. — Two ships have been taken for Havre at 1 l-i(ic. and a brig for Providence at 9-lfic British vessels have made considerable engage ments at Id, which rate is very firm. NEW ORLEANS, Jan. 17, P. M.— Colton. —The j demand li is continued active and the sales reach | 5000 hales, without any material charge in prices. , Safer —d’he stock is increasing. Sales 500 hhds, | ! taken principally for the West at previous prices, i the demand being for medium qualities. Jlotasses — 1 lie stock on the Levee lias been un j usually reaching about 400(3 bbls. Purchasers ! toon some TOO bbls. early is the morning at 13c , j but afterwards withdrew, andonlv some 800 bbls | additional were sold at IS.ffil: a. 'g’:, e niar ke t close.-, with ahoftvy stock aud adsecidcd dowuwar tendency. A good many inferior parcel have been recO'V which are selling Irma 13c. upwards. Freights- —An American ship was taken for Liver pool at Id.; one for Havre at Ic.} and two ships for Boston at 3-liic. Exchange* —Fair demand at previous rates. [Reported for die Savannah Kepub'icai t.J Supreme Court of creargia for Ist District AT SWANNAt, JANfAUV TKA.-I, ISIS. llokacu Malhciiy& Wife,') Plaintiffs in Error. j Bill for specific (le vs. y livery of Segrocs. Waltlii S. & Ronaldo P. | Decl a rer. Dudley, Dol ts, in error. J Equity will not entertain jurisdiction of a bill for the specific delivery of slaves without a statement of the particular facts which rcu i dor tiie slaves of peculiar value to complain | ants. Judgment of Court below reversed on this point and ulfirme 1 us to all other points decided, arising under the rule in Shelley's case and Wild's case, which cannot be coin pressed in a newspaper report , j Henry & Ward, for Plaintiffs in error. John W. O .veiii and 11. M. Charlton for de [ fondants in error. j Hum ax A. Cuane, pro ami,') | of Samuel A. Coopeu and j j another free persouofooiT, j Plaintiffs in error vs. y Ileal)sas Corpus, Tub Mayor and Atdkumkn j of the Chy of Savannah, j Defendants in error, from j Chatham Superior Court. J Held, that the ordinance of the city of 3a- 1 vannah prescribing that all free persons com- ( | iug Irma other parts of the State to said citv, shall, alter thirty days’ residence, pay the sum of .fffOO, is not u municipal regulation to pre i vent such persons from coming to thin eitr, , but a tax which cannot lie enforced by impri sonment, but the assessment must be co-llect j ed by hiring oat the free persons of color at i prescribed by the tax laws of the State. Held a ho, that under the 17th. section of the act of 21th Dec. 132.5, the Mayor and Alder | men have power to prevent free persons of j color from coming to the city, from other parts of the State. Judgment of Court below reversed. John W. Owens for Plaintilf in error. IE INL Chariton aud \Y;u. Law for LA fen- | dant in error, Ai.niEi) C. Bostwiciv, 'j j Adiu’r. Pi’lf, in error, I , r . vs -<i Hion to vacate a P;’.RK.ixs llopkixs and I Md*""nt.hr want : Wife, Dffembmts in I f. J llri f ucUon in error. From Pulaski [’ oart ou.ow, i Superior Court. Where suit was brought against the admin istrator of a deceased co-partner, and judg ment confessed, and a motion made to vacate judgment, on the ground that the subject matter was not cognizable in a. Court of com mon law; Held, that the Court below had jurisdiction of the subject matter, being a suit by % creditor against the administrator of a deceased co-partner. Held, also, tii-it a party to avail himself of any irregularity in the proceedings must take advantage of tide irregularity in tha first in stance, and that the Court below properly re fused to vacate the judgment on the ground that the party did not move in time. Judgment of Court below affirmed. AV . 3. llockwell for Plaintiff in error. Iverson L. Harris for Defendant in error. | William M. Young, ") Action for deceit in Plaiutiif in error, j representing the char es. \ octet’ and mercantile J oxatiian* Hall, [standing of a third ; Defendantiuerror, j person i/i a letter + From Thomas Sup.C’rt. j shown to Plaintiff. j Held that the person obtaining such letter was a competent witness for defendant as he could neither gain nor lose by the event, but that the Court below erred in permitting such witness to testify to defendant’s declarations at the time he wrote the letter, as to his in tentions to write only a letter of introduction j and not a letter of credit, and also iu permit ting such witness to testify to defendant’s il literacy so as to affect the interest of third persons not cognizant of such facts. Hold further that the Court below erred in instructing the jury that they might, in con sidering the question of fraud or no fraud, j take into consideration such declarations, or defendants illiteracy, or any other facts not I brought home to such third person. Judgment of Court below reversed. Henry & Ward, for Plaintiff in error. AViliiam 3. llockwell for Defendant in error. Charles Hartiudge, Plain-') tiffin error. I . Motion for stew ! trial <x in ar il. &D. Wesson, Defend- ( re3t JuJ ?‘ ant*, in error, from Chat- ( mcn " ham Superior Court, j Held, that where no brief of the testimony is tiled under the revision and approval of the Superior Court under the Gist rule, or agreed upon by the parties at the term when the mo tion for new trial is made, the motion for new trial is properly refused. Hold also, that us pending a motion for new trial, and supersede thereon, the Plaintiff be- 1 low has no right to enter up final judgment, j and that a motion iu arrest of judgment may j bo made at any time pending such superseders, j Held further that the act of 23th Dec. 1823, | refers as well to bills of exchange, payable j even out of the State, as to promissory notes, | and that the indorsers of such bills are not ; entitled to notice of dishonor, and therefore , that protest for non-acceptance, need not be i alleged or proved unless the instrument sued I on is intended for negotiation in some Char tered Bank. Judgment of Court below affirmed. Mulfbrd Marsh for Plaintiff in error. M. 11. McAllister for Defendant in error. j Thomas P. Stub us, *) Pi’lf. in error, ( ... 1 ft ! Assumpsit against endorser : Seaborn Goodall, > r ‘ , ~ . I of promissory note. Dei t. in error, F’m Chatham Sup. j Court. J Held by the Court, that whore there was no evidence on the face of the note that it was payable or intended for negotiation at a Char- , tered Bank, such fact could not he supplied by parol evidence, so as to be made a part of I the contract. Ju Igiuout of the Court below reversed. B irtovv 3; Williams, for Plaintilf in error., "William Law for Defendant in error. ii iiuiia Mi" _ n u gust a, ocor 3 I a . SUNDAY MORNING. JAN. 23. Li?' No mail receive I last evening from offi ces north of Petersburg. Our Telegraphic Ex press came through from Washington, but contained not a word of information concern ing the intelligence brought by the steamer Cambria. In another column, wc give the telegraphic news received by the Charleston Courier, which is much t j the same effect as that published by us yesterday. 1 !tE The alarm of Fire, yesterday morning, was caused by the burning of a stable in the rear of Roach's Hotel, in Hamburg. Kr Stephens’ Letter. After quoting the Resolution iu compliment to A/en. Taylor and his officers and men, and Mr. Ashman’s amendment in the House I thereon, and the vote of certain Whigs in 1313, which will ho found on our first page in fall, Mr. Stephens goes on to remark : From this it would appear that the editor of the Co.istitiUionalistwns under the impression himself, or wished to create the impression on the mind of his readers that upon the pream ble of the war bill, of May, IS 16, stating that *• whereas, by the drf of the R-public of M'xio war exists between the United States dud that Republic,” Messrs. Toombs, King, and other Whigs voted iu tha affirmative, and that / was not present. An I it is to correct this errouc ! ous impression, if it exists any where, that I I ask you now to publish the proceedings of the House on this question from the journal j which I send you, and which arc as follows ; Journal of the S2:mse- Mr. Brinkerholf moved the previous ques tion. which was secon led; and the main ques tion was ordered and put, first, Will the House agree to tfie first of the said amend - ; units, which is as follows : Strike out all of the first section of the bill, and insert the foliowin * in lieu thereof: Whereas, by the act of the republic of Mexico a state of war exists between that go vernment an 1 the I nited States: “ lie ii enacted by the Senate and House of '■ Ueprcsentuuiei <f the f ’nited States of America , tn Congress assembled. That for the purpose of t enabling the government of the United States to prosecute » rid war to a speedy and suoee**- fnl termination, the Presi lent be, and he is hereby, authorized to employ the militia, na val and military forces ol the United States, and to call fur and accept the services of any number iff volunteers not exceeding 50,000, who may offer their services, either as caval ry. artillery, infantry or riiiomeu, to serve twelve months after they shall have arrived at the place of rendezvous, or to the end of the war, unless sooner discharged ; and that the sum of ten millions of dollars, out of any mo neys in the treasury or to come into the trea sury, not otherwise appropriated, be, and the same is hereby, appropriated for the purpose of carrying the provisions of this act into ef fect.” And the question being put. Will the House agree to the said amendment I it was i decided in the affirmative—yeas 123, nays G7. The yeas and nays being desired by one-fifth of the members ph -eut. i'hoge who voted in the affirmative are— Yeas—Messrs. Stephen Adams, Joseph IE Anderson, Lemuel 11. Arnold, Archibald At ; kinsou, Edward D. Baker, Joshua F. Bell, Charles S. Benton, Asa Biggs, James Black, James A. Black, James I). Bowlin, Linn Boyd, j Jacob Brinkerholf, Win, H. Brockenbrough, Richard Brodhead, Milton Brown, William (j. Brown, John If. Campbell, Charles W. Cath cart, John G. Chapman, Reuben Chapman, Lucieirß. Chase, John 3. Chipman, Henry 3. Clarke, Howell Cobb, Wm. M. Cocke, John F. Colvin, Alvgey Collom, John D: Cummins, John R. X. Daniel, Cornelius Darragh, Jeffer son Davis, John De Mutt, Paul Diughain, Jr., James C. Dobbin, Stephen A. Douglass, Geo. C. Droomgoole, Joseph E. Ed sail, Samuel S. Ellsworth, Jacob Erdman, James J. Farran, Orlando B. Ficklin, George Fries, "William - 3. Garvin, Meredith P. Gentry, Charles Good , year, Samuel Gordon, James Graham, Martin Grover, Hugh 11. Haralson, JohuH. Harmau -B'»n, Thomas J. Henley, Joseph I*. Huge, Geo. W. Hopkins, William J. Hough, George 3. Houston, Orville Hungerford, James B. Hunt, i Charles J. Ingersoll, Joseph XL Ingersoil. Jo , seph Johnson, Andrew Johnson, George W. Jones, Andrew Kennedy,Preston King, Owen D. Leib, Emila La Sere, Lewis C. Levin, Tho mas W. ligon, John 11. Lumpkin, "William B. M iclay, Moses McClean, Robert McClelland, John A. MeClernand, Felix G. McConnell, Joseph J. McDowell, James McDowell, James J. McKay, John P. Martin, Barclay Martin, Joseph Morris, Isaac E. Morse, Mace Moulton, Archibald C. Niven, Mose.s Norris, Robert Dale Owen, Is mac Parish, William W. Payne, Augustus lu Perrill, John Petit, John 3. Phelps, James Pollock, Sterling Price, Alex ander Ramsey, George Ilathbun, David S. Reid, Janies 11. Relfe, John Ritter, Robert W. Roberts, Cullen Sawtclle, William Saw yer, John F. Scammou, Leonard 11. Sims, Thomas Smith, Robert Smith, Frederick P. Stanton, David A. Starkweather, Henry St. John, Stephan Strong, Barmon G. Thibo deaux, 'William P. THomassou. Jacob Thomp son, Allen G. Thurman, John W. Tibbatts, George W. Towns, William M. Tredwav, An drew Trvunbo, John Wentworth. Horace Wheaton, William "Wick, Thomas M. Wood ruff, Archibald Yell, Bryan 11. Young—l 23. Those who voted in the negative are — Nays—Messrs. Amos Abbott, John Quincy Adams, George Ashman, Daniel M. Barrin- , ger, Thomas 11. Bayly, Henry Bedinger, John ! Blanchard, Armistead Burt, Joseph Buffing- | ton, William Vv. Campbell, Charles H. Car roll, Henry Y. Cranston, John H. Crozier, j Erastus D. Culver, Garrett Davis, Columbus Delano, Alfred Dockery, Robert P. Dunlap, | J. 11. Ewing, E. Ewing, Solomon Hoot, Joshua I R. Giddiugs, Henry Grider, Joseph Grinucil, j Hannibal Hamlin, James G. li t uptou, Alex- | under Harper, Rich ird P. Herrick, Henry Vv. Hilliard, Elias B. Holmes, Isaa E. Holmes. John W. Houston, Edmund "NV. Hubbard, Samuel D. Hubbard, Charles Hudson, Robert ! M. T. Hunter, Daniel P. King, Thomas Butler King, Aduer Lewis, Edward W. McGaughey, 1 Jolm H. McHenry, Abraham R. Mcllyaine, George P. Marsh, Willinm 3. Miller, W illiam ‘ A- Moselev, John S. Pendleton. K. Barnwell R’nett, John A. Rockwell, Joseph M. Rout, , * Robert C. Sclieack, James A, Seidon, Luther ! i Savcrauce, Alexander 1). Sims, Richard F. ( 1 Simpson, Truman Smith, Alexander 11. Stc : pheus. Andre w Stewart, John Stnvhm, Benja ; min Thompson, Daniel 11. Tildcn, Robert Toombs, Joseph Vance, Samuel F. Vinton, > Robert C. Wiuthrop, Joseph A. Woodward, , j William L. Yancey—o7. So tho said amendment was agreed to. j From this it will be scon that I was present when that vote was taken, and that 1 voted against that Preamplc, aud so did Messrs. Bar ringer. Crozier, Hampton, Houston, Thomas Batin' King, Marsh, Rockwell, Schenek Tru man Smith, Stewart and Toombs; all of whom are put down by the Editor of the Constitu tionalist as having voted for it. As for Mr. I Rumsey aud St. John, two other Whigs 1 brought into this contrast by tho Constitution- I rdist, I may only add, that here, too, he is sadly ! at fault; for the Mr. St. John now in the House i is a very different man from the one of his j i name iu the last Congress—and Mr. Rumsey | was not iu the last Congress either. The Ed itor 1 presume, mistakes the name of Ramsey for Rumsey. The Journal which I send you not only ex poses the strange error of the Constitutionalist, but also discloses another interesting fact, which is, that several of the most distinguished Democrats or the House vole I with Messrs. Toombs, King and myself, aud other Whigs, against the amendment which contained that I Preamble —to wit: Bayly, Burt, Holmes, Hun ter, (now Senator from Va.) Rhett, Simpson, Scddon, Sims, Wood ward, and Yancey.—When the bill, amended as it was by tho iucorpora- ; tion of this Preamble, was put upon its pas- ; sage immediately, without allowing any de bate, under the Previous Question, it is true | | most of the Whigs voted for it,. But their po i sition can not be misunderstood by those who i will consult the Journal. For their votes are recorded against that section which, with the Preamble; declares the “war to exist by the ! I act of Mexico.” And it is nothing but due to : ; my colleague, Mr. Toombs, to say that when his name was called he rose and said that “he voted for the supplies to sustain Gen. Taylor, i but against the falsehood of the Preamble.” ; 1 .Vs fur myself, I refused to vote. For while . i I was resolved not to be forced into a position j j of seeming to be opposed to granting supplies ! ; to our gallant little army, which without au- ! ! thority of law, had been thrust into a perilous situation, I was equally resolved not even by j seeming implication to affirm “an allegation,” I which, in the language of Mr. Calhoun, I be lieved to be “untrue.” And 1 rejoiced at the opportunity offered by the amendment of Mr. ! Ashiuuu to record in the most solemn man ner the opinion which I have uniformly ex- j pressed, both publicly aud privately, since the existence of the present war, that it “wa* unnecessarily and unconstitutionally” begun I by the President of the United States, Yours, respectfully, ALEXANDER 11. STEPHENS. j 7 c present to our reader* this morning the letter of the Honorable A. 11. Stephens, in reference to the contract of certain votes in Congress on the war bill of 1815, and Ash mun’s amendment in 1313. So far as we have misplaced Mr. St. John and Mr. Rumsey, we j stand corrected, and will remove their names from the purratlel columns which afflict so Unpleasantly the visual organs of sundry Icad | era of the whig party. In so far also as wc have assigned the wroirz cause of Mr. Ste phen’s not voting on the passage of the war bill, we also stand corrected. - Wo will l>ere -1 after insert in place' off ‘'not present," the words j “refused to vote. ’ Wc think this will boa de- ; ci<lud improvement, amt think it more credi- i table to him that h-e refused to - vote, than it would have been for him to vote fur what ho considered untrue. We can find no extenua tion for the course of those who did vote for the war bill, preamble and all, yet believed at that very tinu the preamble to Ire untrue. Neither Mr. Toombs nor any other member of 1 Congress claiming to be an intelligent, and professing to pursue the course of an englight cnod and patriotic statesman, or who professes to legislate on correct and conscientious prin ciples, can justify the act of placing upon tho journals of our national legislature in per petuam nUemoriani rei, an assertion which he knew at the time to be untrue. We think too that those who believe, and did then believe in tho falsity of this assertion made on the record, their votes assisting there to, should not be content v/Itlr simply tacking on byway of amendment to a vote of thanks, the denial of that assertion’.- They ought in solemn form to recant, and place on the record tho fact of their recantation- and penitence for having assisted iu an assertion- in their opinion so false. Ought they not to go further, and vote that black lines should be drawn around that famous preamble : With the exception of the errors in reference to the vote* of Messrs. Rumsey and St. John, and of our conjecturing that Mr. Stephens was not present, and so indicating on our list, we are not conscious that our publication is in anywise incorrect- There were but four teen votes against the preamble and war bill. The votes published by us are taken from the yeas and nays on the passage of the bill. Messrs. Toombs aud Thos- Butler King, did vote in the affirmative. The reason assigned for Whigs disbelieving the preamble, yet voting for it, cannot be the true one. It is said for them that they felt the necessity of voting the supplies, in order to relieve Gen. Taylor—that they were forced by this consideration to vote for the passage of the bill. This is not true. In the first place, ten millions of dollars and fifty thou sand volunteers never did nor even then seem ed necessary to relieve Gen. Taylor. A much smaller provision of men aud money would have been apparently sufficient. The battles of Falo Alto and Resaca de la Raima proved that he did not need any legislation, for his immediate rescue. In the second place, there was no necessity whatever for those whether whigs or demo crats, who disbelieved the preamble to vote at all for the bill. They might have voted I according to the convictions of th*ir minds— voted against the preamble and bill, and yet hivve done no injury. They would not have thus defeated the bill. There were enough ! to carry it who believed what was asserted in j the preamble. The vote, yeas 123, nays 67 , d| ou the amendment quoted by Mr. Stephens proves this. We do not doubt that the true reason why so few voted against the bill—but 14, all told, was that the rest who disbelieved the pream ble were afraid of the people—afraid of their popularity. They shrank then from the re sponsibility of taking ground against our country in this war. The blood of our mur dered soldiers was then reeking hot on the soil of Texas shed by the hands of Mexican Invaders. The facts were too fresh, and pub lic indignation was too high to permit politi cians with impunity to hold Mexico guiltless* and to place the blame upon our own govern ment. They did not dare to vote against a bill providing means, not to relieve Gen. Taylor, but ‘*to prosecute the war to a speedy and suc cessful termination." Dy Telegraph. [ lleporteil fur Che Constitutionalist.] c on airs ssion At,. Wasuixotox, Jan. 20, 1843. HOUSE OF REPRESENT ATI V ES. A ftcr the journal was read, Mr. Broadhead announced the death at Allertown, on the 16th inst., of consumption, of his colleague and friend, John W. Hornbeck, represen live from Lehigh and Bucks counties, Penn sylvania, who had returned about tea days since to receive in the onward progress of his isease and the closing scenes of his life, tkc consolations of his friends and family. The customary resolutions were adopted. IN SENATE. The Vice President communicated the re port of the commissioner of Pensions, of Pen sioners who have applied fur benefit from Na val Hospital fund. Mr. Berrien submitted resolutions calling on the President for the report or other commu nications from Gen. Taylor as to the line pro per to be occupied by our troops, referred to in the letter of the Secretary of War. Mr. Calhoun offered an amendment, which was accepted by Mr. li .‘rrion, to embrace the reports of any other officers on the same sub ject.- The resolutions lie over. Mr. Dickinson offered a resolution to restore to Jesse E. Dow, once expelled, his seat among the other reporter. 1 ?. Mr. Douglass introduced a bill granting to ! tho State of Illindis ihe right of way through i public lands for the purpose of constructing a Rail Road to the Northern .Lakes. ; Mr. Atherton introduced a bill to modify ; the Sub-Treasury system. Mr. JolfersOn Davis from the Military Com | mittcc, introduced a bill to increase the effi ciency of the army by a retired list for disa bled officers: Mr. Niles front the Post Office Committee, introduced a bill relative to the transportation | of the mail to foreign countries; The Senate then proceeded to the considera tion of the resolutions introduced yesterday by Mr. Mangum, calling for the instructions under which Gen. Scott'.-' order No’: 376 was issued, and general opcrutioW as to* efficiency of means. 1 . . - these resolutions led to a sharp debatu between Messrs. Mangum, Cass; Critten den, -Alien and Foote. When the latter con cluded, Mr. Crittenden rose and referred to ah allusion by Mr. Foote, to Mr. Clay, as a m‘ag netizer thinking to obtain the Presidency by curious acts —expressed hi* regret that iho expression had been used, now when Mr. Clay art anal vanned age, had retired to pri vate life, thinking of no further public favors, j What lie now said was an act of duty to a pri vate friend, and an illustrious citizen. Mr. Foote disclaimed any idea of giving of fence. The Senate then adjourned. A meeting of the Corporators of the Atlanta arid Lagrange Rail Road was' held at Corinth oil the 13th inst. .V resolution was passed instructing'officers of the'Meeting to' address Circulars to the Presidents of the Georgia Rail Road, the South Carolina Rail R >ad, Macon ! and Western Rail Road, ami Montgomery and West Point Rail Road, to solicit their aid in building the Road. The Meeting was a'djbu li ed to the 22 to Nc.vuau, Cove la County.- A correspondent of thb Pal timbre Patriot,- writing from Washington* states that he is “credibly informed that Mr. Robert J. Walker and CoL Jefferson Davis have written to Gen- Taylor, asking him if he will declare in favor of the Tariff’ ut ‘l6 and the Sub-Treasury, and assuring him that if lie will do so, their party will take him up as their candidate for tho' Presidency.” Departure of Troops The Charleston Courier, of yesterday, sayr —The brig Arabian, for Vera Cruz, left our harbor yesterday, having on board about 10(L recruits for our Army in Mexico, under com mand of Capt. Kennedy, of the Palmetto Regiment, and Incut. M’lntoih of the Volti geurs. We understand that about one half were to fill up tho ranks of the Palmettos g and tlic remainder enlisted for the Voltigeurs [/■Vom the Charleston Courier , 22rf msL] I*ater from Europe- Our attentive Telegraphic correspondent, under date of the I9th inst., gives us the in - telligence that the Cambria arrived on tho morning of that day, and annexes a short sy nopsis of the intelligence she brings, which, we give below- As regards tho cotton market, it is apparent that there is an error, certainly in the classifi cation, it not in the quotations, and we should be much pleased if those transmitting infor mation by telegraph Southward, would 1 pay especial attention to this matter. If fair cot ton, according to the Liverpool classification, was correctly quoted,-it would afford a base forjealculation ter ail qualities below and above, and any error in other grades would be com paratively of little importance. In our present despatch there is confusion in the grades, but we give our readers just what we receive, leaving them to judge what should have been written, as we have .no means of enlightening them upon-the subject. The Bank of England has reduced the rate of interest to o per cent, and the money mar ket was easier than at the last accounts. The Messrs. Sand, and Durand & M’Kcnr.se, of Liverpool, and Colesworth Sc Pryor, arc mentioned as having failed. Breadstuff's had somewhat advanced in price, American Flour was quoted at 27 a 30s. Wheat 6s. 9d. a G. Corn 3 4 a 385.. Indian Meal . 15s. a 15s. Gd-