Daily constitutionalist. (Augusta, Ga.) 1846-1851, June 17, 1851, Image 2

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ritl JroflVALisT mmM* BY JAMES GARDNER, JR. P TERMS. per annum, in advance $8 00 W, per annum 5 00 munjuttLT, per annum, if paid in advance 2 00 • ailiese terms are offered to new subscribers, and to old ‘.JPuscribers who pay up all arrearages. In no case will the Weekly paper be sent at $2, un ■“■“ess the money accompanies the order. Tb Injte.case will it be sent at $2 to an old subscriber in d angErs. When the year paid for at $2 expires, the paper, not discontinued, or paid for in advance, will be sent * on the old terms, $2 50 if paid at the office within the year, or $3 if paid at the expiration of the year. tC7” Postage must be paid on all communications and letters of business. -JERMS OF ADVERTISING. One squares lines.) 50 cents the first insertion, and 37 £ cents for the next 5 insertions, and 25 cents for each subsequent insertion. Contracts made by the year, or for a less period, on reasonable terms. LEGAL ADVERTISEMENTS. Sheriff's Levies, 30 days. $2 50 per levy; 60 days, $5. Executor's, Administrator’s and Guardian’s Sales, Real Estate, (per square, 12 lines) $4 75 Do. do. Personal Estate 3 25 Citation for Letters of Administration 2 75 Do. do. Dismission 4 50 Notice to Debtors and Creditors 3 25 Four Months’ Notices 4 00 Rules Nisi, (monthly) $1 per square, each insertion. ALL REMITTANCES PER MAIL, ark at our RISK. (From the Athens Banner.) The Nature of our Government. Among the official proceedings of the disunion Convention lately assembled at Milledgeville, we find the following: Be it therefore Resolved , That in the present eventful crisis,it is vitally important for the salva tion of the South and the maintainace of the rights of the States, that the Republican doctrines of '9B and '99 as embodied in the Virginia and Kentucky resolutions be maintained with un flinching firmness, and that among them we re cognize the following: 2. Resolved That the Sates as separate and equal sovereignties formed the Constitution. 3. Resolved , That each State by its own con vention deliberated upon and determined for itself the question of the ratification or rejection of that Constitution, and that it came into the Union by its own sovereign and voluntary act; and that therefore this is a Union of consent and not of force. 4. Resolved , That each State, in view r of the voluntary nature of the Union, has the right, in virtue of its independence and sovereignty, of se ceding from the Union whenever the people there of, in their sovereign capacity, shall determine such a step to be necessary to effect their safety or happiness and of the consequence, that the General Government has no authority to attempt by military iorce or otherwise, to restrain a State in the exeicise ol such soa e reign right. Now we utterly deny that the third and fourth resolutions in the above series, are either embrac ed in the Virginia and Kentucky resolutions of 7 98 and ; 99, or fairly deducibie from them. It is well known that these same resolutions were re lied upon in 1832-3 to justify Nullification and ■s xifieceesion in South Carolina. But it was simply / &heir intention to assert the right of the respec- CLOlve State to resist “deliberate, palpable; and dan ir to rous infractions of the Constitution s '' —that the 6»sto the compact, the complaining State as co- State*, had a right to judge for them* ■gatin'of the infraction as well as the mode and JjroEfesure of redress. The exercise of this right by a R/single States, must ultimately be at the point of f sword, and is essentially revolutionary. The radical error of the seceders of that day was that, whilstthey claimed for the State of South Caroli - to judge of infractions of the Consti ***Stion, they denied a similar right to the other par ?to the compact to judge for themselves. But the eders of the present day, as their fourth reso ion shoves, have gone a stept further. They snot deign to place the right of secession upon g actual infractions of the Constitution, or a lagrant abuse of delegated power, but upon the single ground of the “independence and sover eignty* 7 of the respective States. That is to say— wright or wrong in the eyes of the other States and of the whole world w hether the Constitution be violated or not—whether the delegated powers have been perverted to her oppression or not—a State has a right at her own discretim to depart from the Union, and that the general government, as the agent of the other States, has no authority either by military force or otherwise to restrain 7 her. It is in vain that the general government may pursue the letter and the spirit of the powers solemnly delegated to it by the seceding State— it is in vain thosepporersw r ers are not even abused or perverted to her injury—her mere “sovereignty -7 authorises her to depart from the Union, and the ■ other States must bow to her decision ! We fear lessly appeal to the good sense of the country to know whether such a system would be w r orthy »the name of a government ? Government necessa rily means restraint upon those who violate the ifecs—the constitutional acts, in limited forms, of authority. It is formed by consent , jgXlpd T Trr lws must be executed by force , or often Jpl# 'Suted at all. A government without force SE~yx«i£.ute its laws! Away with the absurd con mf®Ljption! «• *feut if “sovereignty 77 alone may release a sin- State f rom h er observance of the compact of ''ave n can f a^e h er out of the operation of powers she has solemnly delegated to the } federal government—if it be, like that formerly ans claimed by kings, “the right divine to govern 3 y Wrong 77 -—we would like to know if her co-States :iiar 4ay not, by virtue of the same “ sovereignty , 77 vi through the compact and whip her into l submission to unconstitutional law r s? “Sovereign tf must release all the parties from the obliga tion of the compact, or none. A brief outline of the true theory of our sys tem will close what we have to say upon this subject, for the present. The federal Constitution was, we admit, form ed by the States in their separate, sovereign ca pacities. Each State entered the Union by its own consent, and without that consent could not un have been made a member of it. But it does not entfollow' that because it came in by consent, it can Che go out at discretion. This may be the case with o , i individuals, but they cannot withdraw their lands 0 from the jurisdiction of the State in which they a have placed them by such consent. The inhabi ar j ( ants of Clarke county entered the government Georgia by consent —it is the only foundation er >f their obligation to obey the laws. Can they withdraw the county from the State jurisdiction? : The reply on the opposite side, is that the ounty has no “sovereignty 77 —did not come in as Toe” Consent then is not the sole foun ation of ths right to withdraw. There must be else. The party withdrawing must, >rk -’t the time of acceding to the the compact, be a >ck sovereign State. If sovereign, then, sovereign afterwards is the argument. But in the name of j common sense, what gives the people of a State any more right to withdraw it from the ju ► risdiction of the government to which they have consented, than the people of a county to with draw it from the jurisdiction of the State to which it belongs ? There can be no difference in prin ciple between, the two cases. In both cases obe dience is due to the government of their choice, whilst acting in pursuance of its delegated powers —but in neither case is it due to acts of usurpa tion. The right of resistance or revolution for intolerable oppression belongs to the one as well as to the other. The only difference is that the States have the advantage of organized resistance —legislative, judiciary, and executive powers to resist the encroachments of the general govern ment. But let us speak a litle more to this idea of “sovereignty,’ 7 It not follow that because the act of ratification was a sovereign act of the several States, that they still retain the powers of sovere gn :y hey possessed beiore the ratification. Ifinte igiD -3 snouid be brought by the next steamer that the German States, now sovereign v. * had formed a Constitution lor (rtneir government, and that each had ratified it in it* capacity, could any man * tell whether the States still retained their entire sovereignty and independence—or whether they retained only a part of them—or w T hether they had totally consolidated themselves into one na tion? We think it would puzzle the wildest mo nimaniac among us, who raves about the “sover eignty 77 of the States, to tell us, before we receiv ed the Constitution, and looked at its structure? We must inquire into the actual structure of the government , not as to who formed it, or in what capacity, in order to ascertain whether the States still retain any portion of their original sover eignty—and, if any, what portion. When we look at the federal Constitution, it is palpable that the respective States have parted with a very large portion of their original sovereignty. The people have taken a certain portion of their sov reign power from the governments of the States in which they live, and bestowed it upon the fed eral government. This government is as much their government as the State government, and the Constitution divides the power of the people between the two. Each is sovereign within its Constitutional shpere, and no further. They are both armed with legislative, judiciary and execu tive powers—with civil and military organs—to take care of their respective portions. Action and counter-action is the great principale of the system. If you disarm or tie the hands of either, the other will usurp its portion. In case of col lission between them the people of each State must judge which has the Constitution on its side, and give to that side the preponderance. Let those who think that the Constitution has been violated, and the Southern States “degrad ed v by the late compromise measures, sustain South Carolina in her apparent determination to sever her connexion with the Union. If she has been so deeply wronged, she has, in point of eternal and abstract justice, a right to withdraw from the Union. If she has not, she has no such right. Let those who believe that she has not been wronged by the federal government—that it has pursued the track marked out by the Consti tution—and adopted the best compromise pos sible to reconcile the conflicting interests of con federated States, adhere to that government with unflinching firmeess, and sustain by it all the means necessary to maintain its power and exe cute its laws within the limits of every State. As long as it is worth preserving, it must and will be sustained. If the issues shall be pressed by a complaining State, and its very existence be put in question, it must end either in a total ab dication of all authority by the government, or in revolution and blood. Mild and pacific measures should be first employed to give room for the voice of reason and patriotism to be heard, but if the complainants should still persist in defying its authority, the contest must be decided by an appeal to force—the last resort among men and nations. In a subsequent number we shall de monstrate the power of the federal government to execute its laws by the whole military and naval force of the Union, and refer tp the various clauses of the Constitution and acts of Congress in relation to that subject. Purther Extracts Per America. A very large number of wealthy inhabitants of Cassel have determined on emigrating. This resolution seems to have startled the Elector, who has ordered the chief magistrate to report : immediately on the subject, i The American Department of the Exhib j ition. —The following letter, bearing the signa | ture “L. E., 77 appears in the London Times of : Wednesday: “ Your occasional notices of the American de ; partment of the Industrial Exhibition induce me to ask you, as a matter of justice to us, to place before your readers a few brief facts as regards i the United States 7 division of the Crystal Palace. “ And before I do so, permit me to say that ali ! my countrymen to whom I have spoken agree ! in the manner in which you have met certain j remarks of one of our journals—remarks that are below the character of the Exhibition—which has elicited, in the conception of the idea, in the construction of the building, and in the success which it has so deservedly met with, our warm est admiration and sympathy. “The fact is, that in no one branch is the United States fairly or adequately represented; and in this I shall be fully borne out by all Eng lishmen who have visited America. “The North, or New England States, is not represented, either as to the extent, the progress, !or the variety of its manufactures. The middle States, that have long been famous for the inven tion and construction of some of the finest ma chinery in the world, —in which branch they are second to none—have here but three or four ma chines, which, excellent as they are, give but the i faintest idea of the gigantic progress of the country in this particular. The Southern States, which are principally agricultural, are most cer tainly not represented. As an illustration of the most kinds of cotton cultivated, we find here but samples of seven, while the different varie ties of sugar in the State of Louisiana are repre sented by one specimen from a single plantation. “ Now, to the causes. First, the want of suffi < ient information through the length and breadth of the States in reference to the character and ex tent of the Exhibition. This at preseut lies at the door of the central committee at Washing ton. Secondly, Congress has unfortunately ap propriated no fund, as in other countries, to assist exhibitors. And this has operated to strengthen the third cause—the remoteness of the scene of action, an obstacle increased by the great extent of the country, which rendered the internal transmission of our contributions expensive and ; inconvenient, and even, in some instances, im | practicable—and which, added to the distance itself, made this a very onerous part of our task, and formed a very considerable portion of our outlay. The time for preparation, too, was short, considering the nature of the enterprise and the distance of the country. “ The enumeration of these causes, offered in a spirit of candor and under a firm conviction of their literal truth, will, it is believed, mainly ac count for the incompleteness of the American department of the Exhibition. 77 I Liverpool Cotton Market. Report for the week ending May 30.—Our Cot ton market has maintained its position during | the week, arising more from the present low scale of prices than from any thing of a novel ; character. On Monday last we had our usual ac i counts from America, and though the receipts i still continue to show a considerable weekly in | crease, yet on that day the business amounted to i nearly 10,000 bales, at an advance of 1-8 per lb on low scale of prveious transactions. Following i this up, there has been each day a fair amount of | business done, the Trade, Exporters and Sepecu ; lators taking a share. Cotton is freely offered, but we close with a steady business doing at last ; week’s rates. The sale yesterday had the effect j of reducing the common qualities of Sea Islands about l-2d per lb on previous private rates, while i any thing of a good class fully maintained their ground. The Committee of Brokers place fair Uplands at 5 3-4 d, Mobile 6d. and Orleans 6 l-2d. 3390 American, and 650 Surat, have been taken i °n speculation; and 8230 American, 520 Surat, 50 100 Pernam, and 00 Bahai for export. Sales for the week, 51,080 bales. Later from Texas j . B y the arrival yesterdy of the steamship Louis iana we have received Galveston papers to the 6th inst., together with our usual files from the interior of the State. The San Antonio Ledger of the 29th nit, has a letter from the great El Paso train, dated ’ May 21st, near the mouth of the San Pedro. This letter says that, so far, the journey had been pleasant, though rougher times were anticipated. The grass along the route was miserable, and in some places it had failed entirely. There had been little rain, and consequently water was rather scarce. No signs of Indians were seen, except a white flag, fastened to a tree, near the Limpia crossing. The Galveston News, of the 6th inst., mentions having seen a cotton boll an inch in length. It is a fair evidence of the advanced state of the crop on Trinity river. A sudden rise has taken place in the Colorado river. It rose 16 feet in one night. The Galveston News, in treating of Mr. Payne s report on the Opelousas railroad plan, says that the trade of Galveston with New York is increasing three times as fast as her trade with New Orleans, and a railroad would be the only means for compete with New York. Du ring the present year, Galveston exported 8,504 bales of cotton to New Orleans, and 20.621 to New York. We do not see a word, in any of the Texas papers, in relation to Col. Hardee’s expedition into the Camanche county. A private letter from Corpus Christi, dated on the 30th ult, informs us that four Mexicans were recently killed by Indians between that place and the Rio Grande. The same letter informs us that a horrible mur der was recently committed about five miles from Corpus Christi. The perpetrator was a German named Frank, and the victim was his own wife. After quarreling: with her for some time, he at tacked her with a knife, inflicting wounds so severe that she died on the spot. The murderer, who was perfectly sober at the time, fled im mediately, but a party was out in pursuit at once. He had on several occasions beaten his wife cruelly, and a threat on her part that she would leave him induced him to take her life. He left three children, whose lives he had also threatened. The reports of the crops from almost every part of the State are very favorable, and the country is rapidly filling up with farmers from every quarter.— N. O. Picayune , 10 thinst. AUGUSTA, GA. TUESDAY MORNING, JUNE 17. For Governor. Charles j. McDonald. CONGRESSIONAL CONVENTION. The Convention to nominate a Southern Rights Candidate for the Eighth Congres , sional District, will be held in this City . on SATURDAY, the 12th day of JULY. [ Federalism in Georgia. [ The question, whether a State has any right except what it holds at the arbitrary will of a | majority of the people of the Union, comes up in • Georgia for the decision of her citizens. The election this fall will determine their opinion as f to whether this is a consolidated Government, [ under the unrestrained domination of the ma l jority, or a compact of sovereign States. The doctrines of the old Federal party of 1798, [ which sustained the elder Adams, and his alien 5 and sedition laws, are now boldly proclaimed in s the face of the State Rights Republicans of Georgia. An attempt also is made to give them popularity by coupling them with the name of 1 General Jackson. His proclamation in 1833, a strongly federal document, which was put ■ forth in an extraordinary exigency, and which was qualified in what was afterwards known as his counter-proclamation, is now quoted, for r the first time in Georgia, as maintaining the true theory of our Government. It is a docu ment whose doctrines have hitherto been repu diated by all parties in Georgia, and by every , prominent man among us who has ever ex pressed an opinion upon them. We are now to decide whether unmitigated Federalism, so signally put down in 1800, is to , be allowed to triumph over Jeffersonian Repub l licanism. The battle is again, to be fought, and ' Georgia is the great battle-field in the South 1 where Federalism has, under a new name, un furled its banner. The standard-bearer of R«- > publicanism is that long-tried disciple of Jeffer- I son and consistent Democrat, Charles J. Mc- Donald. The standard-bearer of the Federal ; creed and party, is the Hon. Howell Cobb, a young , man whose service consists of a few years spent at Washington City, as a Democratic member of ' Congress, but the last of which has been signal , ized by a suspicious intimacy with Federal Whigs, and who returns to Georgia as the favor ■ ite candidate for Governor of this State, not only of Fillmore and Webster, but of every Federal ’ Whig in the United States. • Let us examine some of the doctrines which ! he brings home with him, and which are recog nized by the party formed in Georgia to support him. We present, to-day, one chapter of the creed promulgated by this party, and it will be found to be reeking with Federalism and Consolidation. We commend if to the scrutiny of every State Rights man. Whig and Democrat, and ask if he is ready to sanction its monstrous positions. It . is an editorial headed, “ The Nature of our Gov ernment f from the Southern Banner —a paper known to reflect Mr. Cobb’s opinions. It is something better than the mere fustian and rant of all the other Federal presses in the State. It aspires to the dignity of an argument, a lame one it is true, but it is the best and only one we have seen from that side. The following grounds are assumed by the or gan of Mr. Cobb. We present them, for conve nience of discussion, in a different order from what they are stated : First. That the States have parted with a por tion of their sovereignty, and possess now only partial sovereignty. Second. That a State has not the right, by virtue of its sovereignty and of the voluntary nature of the federal compact, to secede from the Union at its own discretion. Third. That a State has not the right to secede from the Union, when the people thereof, in their sovereign capacity, deem such a step neces sary for their safety or happiness. Fourth. That a State has not the right to se cede from the Union in case of deliberate, palpa ble, and dangerous infractions of the Constitu tion by the Federal Government. Fifth. That the Federal Government has the right, by virtue of the compact of Union, to use its military and naval forces, and to invoke all the physical power of the remaining States to coerce back into the Union, a State or States seceding from the Union. We assert, on the other hand, exactly the re verse of all these five propositions. We will not here stop to dwell on the enor mous absurdity of the position, that a State or section has no protection for its rights of life, liberty, property and social institutions, but its capacity of resistance by the sword—that each State, by acceding to the compact of Union, so emasculated its sovereignty, that it deprived it self of all means of escape in case of gross op pression and wrong, except by the doubtful and fearfully unequal chances of a bloody revolution. The position is a libel on the intelligence of the framers of the Constitution—it is in the very teeth of the Declaration of Independence, which declares that, “io secure life, liberty , and the pursuit of happiness , governments are instituted among men , deriving their just powers from the consent of the governed; that whenever any form of govern- f ment becomes destructive of these ends , it is the right of the people to alter or abolish it , and institute a new government .” If this be true, England was wrong in attempt ing, by force, to prevent the several American colonies from exercising the right here set forth, and which they severally did exercise. If this be true, the remaining States of the present American confederacy would be wrong in at tempting, by force, to prevent any one or more of the States again doing what each severally did about the year 1776 —to wit: alter and abol ish their respective colonial governments, and institute, each for itself, a separate sovereignty and form of government. We assert, First, Sovereignty is from its nature indivisi ble, and therefore no State in coming into the Union parted with its sovereignty, or any part of it. What is sovereignty ? In the language of the most intellectual statesman this age has produced and the most thoroughly conversant with the history and theory of our government, Mr. Calhoun, we answer, It is the supreme pow er in a State, and we might just as well : speak of hall a square, or half of a triangle, as of half a sovereignty. It is a gross error to confound the exercise of sovereign power with sovereignty itself, or the delegation of such powers with a surrender of them. A sovereign may de legate his powers to be exercised by as many agents as he may think p >per, under such con ditions and with such limitations as he may im pose ; but to surrender any portion of his saver ■ eignty to another is to annihilate the whole.” Reteringto the articles of confederation, signed July 9th, 1777, we find in the outset the follow - : ing explicit declaration: “ Article 2nd. Each State retains its SOVER EIGN JTY, freedom and independence, and L every power, jurisdiction, and right, which is not i by this Confederation expressly delegated to the , United States in Congress assembled. 75 . Here is an unqualified retention in express words of their sovereignty, their entire sover eignty, by each State. Analyse this language, take the members of this sentence apart, and it will be perceived that the absurd idea of dividing ’ the sovereignty of each State between itself and u the United States in Congress assembled, 75 is not : expressed by it. If it were, then the idea would be rendered, in phraseology not very creditable 1 to the perspicuity of the framers: u Each State retains its sovereignty , freedom and independence , which is not by this Confederation expressly delegated to the United States in Con gress assembled. 55 It is thus, very obvious that it was not here meant to convey a portion of the sovereignty, or a portion of the freedom, or of the independence of each of the States to United States. The purpose was, and such is the language • that each State should retain its entire sovereign ty, its entire freedom, its entire independence, and should retain, in addition, every power jurisdic tion, and right, which was not by this Confedara tion expressly delegated. There is not a word or a syllable occurring from the time of the ratification of those articles of Confederation down to the adoption of the present Constitution—nor is there in the Consti tution a word or syllable in denial or qualifica tion ot this solemn declaration that each State retained its sovereignty. The word sovereign i ty does not again occur either in the old articles of Confederation, or in the present Constitution ' and amendments. There is not a word or a syl lable to gainsay or quality the solemn declara tion ot the second article of the Confederation. There is a copious enumeration in all, of powers delegated to this agent. But so cautious were the fathers of the Republic in reference to this subject that, cumulative upon this second arti cle is the express reservation of the 9th and 10 th articles of the amendments proposed by the first Congress and ratified by the States, as fol -1 lows: “ Article 9th. The enumeration in the Con stitution of certain rights shall not be construed to deny or disparage others retained by the peo ple. u Article 10th. The powers not delegated to the United States by the Constitution, nor prohi bited by it to the States, are reserved to the States respectively, or to the people. 75 There is not a word here about the sovereignty not delegated, being reserved to the States or the people, and doubtless for the simple reason that no sovereignty or any portion of sovereignty was delegated, or could be. Had it been, what was left was important enough certainly to be also worthy of an express clause of reservation. In addition to this it may be here stated that several of the States in acceding to the Federal compact, expressly reserved their sovereignty and independence. The sovereignty of each. State being thus shown to be entire, unimpaired, complete, we assert, Second, That each State has the unqualified right of its own mere will and discretion of se ceding from the Union, it being a voluntary com pact among distinct sovereignties. If this pro position be true, the remaining propositions follow of course, the major containing the minor —to-wit: that a State may do so when the people thereof in their sovereign capacity deem such a step necessary to their safety or happiness • and also, in case of a deliberate, palpable and dangerous violation of the Constitution by the Federal Government. The Southern Banner admits the right in the last supposed case in the following language: M Let those who think that the Constitution has been violated, and the Southern States “ de graded 75 by the late compromise measures, sus tain South Carolina in her apparent determi nation to sever her connection with the Union. If she has been so deeply wronged, she has, in point of eternal and abstract justice, a right to withdraw from the Union. 77 It is here put on the ground of eternal and ab stract justice. We will not quarrel with the term as to its being abstract, or practical justice. The concession here yields the whole question. Who is to decide whether a State has been wronged or not in the way supposed ? Who but the State herself? It is not for another State to decide the question for her. If it is not for one other State to decide it, would it be for two others, i or three, or four, or any other number combined to decide it ? Must she have a majority of the other States to decide it? The absurdity of any j such qualification of a right resulting from a wrong, or of any such mode of ascertaining , whether a wrong has been done, is apparent. ‘ That is no right at all, which another has the right to take away. That is no redress for a wrong, of mean# of escaping it* repetition, which j | the party committing it has a right to prevent the exercise of. He therefore, who says a State has a right, under given circumstances to secede, but the other States, or any power whatever, have the right to prevent her, talks nonsense. But we do not confine the right to violations of the Constitution. We take the higher ground of the Declaration of American Independence, tha t a people have a right to change their govern ment with sole reference to their own views of what will promote their happiness and prosperi ty the only sanction to any government being the consent of the governed. There is neither reason, nor justice, abstract or practical, nor is it consonant to any conceivable notions oi political, social or moral obligation, that one sovereign State, nation or people,Should remain in a compact of Union, formed with others, against its own interest, against its own prosperity and happiness, simply because its re maining would benefit the other members of the compact. There is in the very nature of the human mind, a revolting from the injustice and the absurdity of a people making a sacrifice of itselt for another people. History can furnish no example of such romantic self-sacrifice of one people for the good of another. W hile a State remains a member of a confederation, formed for mutual benefit, it is bound by all its stipulations, and can be rightfully compelled , by its confederates, or their common agent, by military force, if necessary, to perform them faithfully and to the letter. But when it withdraws from the confederacy, and gives up all its benefits, if any, there ends also its obligations. If there be a common debt to pay, and common property to divide, the equitable share both of the debt and the assets to be allotted to the with drawing State is a matter for amicable negotia tion. If the right here contended for exist, and a State of this confederacy should exercise it, it follows, Fifth, That the Federal Government would have no right to use force of any kind to coerce the seceding State back into the Union. It is a corollary from the premises, and needs no elabo ration. The Constitution contemplates no such contingency, and has made no provision for it. It provides for having the laws of the Union ex ecuted, by force when necessary, but this con templates their execution in States of the Union —States that became, and are voluntarily mem bers of the Union. It has no reference to the execution of laws upon a State not a member of the Union by its own free sovereign will and con sent. It has no reference to the case of a State that has withdrawn from the Union. The brute force doctrine that might makes right, and that therefore, a sovereign State, or people has no right to choose and to change its government, or its political relations, hut what it can maintain by the sword against any and all other States, people, and governments, is as bar barous as it is unsound. It is the doctrine which would justify the partition of Poland, and the crushing down of Hungary. It justifies the eap ture of Rome by French troops, and would equal ly justify the overthrow of the Swiss Cantons by Austrian despotism, and the conquest of the Ger man States by Russian ambition. It is the doctrine by which the anti-slavery hordes of the North, and the anti-slavery tide that Europe is pouring into the Northern States, would enforce their abolition mandates upon us at the point of the bayonet. Special Session of the New York Legis lature. — Message from Gov. Hunt.-Both. branch es of the New York Legislature met at 12 o’clock at Albany on Tuesday—Lt. Gov. Clinch in the chair, in the Senate. In the Assembly, Mr. Var num, of New York, was chosen speaker: Gov. lluni sent a message w T hich occupies about two columns, and nearly the whole message is devoted to the event which has been the the prin cipal cause of the special election. The Governor speaks of the last Legislature, and thinks that the people plainly show by their course pursued in the special election, that they are in favor of the canal enlargement. He also alludes to the com pletion of the Erie Railroad, and speaks of the vast benefit likely to accrue to the State from it. He also speaks of the various objections to the passage of the enlargement bill, and does not think that there can be any constitutional rea sons against its becoming a law. (Telegraphed for the Charleston Courier.) Baltimore, June 13. In the New York market on Friday twelve hundred bales of Cotton were sold. Prices had experienced no change. Generals Freeman and Smith, rival candidates for Congress, had a duel yesterday at Vicksburg. General Smith was severely wounded in the shoulder. Difficulties are likely to occur with the Mor mon Settlement on Beaver Island. They mur dered two men, named Bennett, on a trifling pre tence. The inhabitants are so much excited in consequence of it, that a general fight is anticipat ed. Baltimore, June 15,8,52 P. M. One thousand bales of Cotton were disposed in New York on Saturday. Fair Uplands are quoted at 10c. Orleans 11 3-4. The sales for the week amount to eight thousand bales. New Orleans, June 10. On Monday one thousand bales of Cotton were sold, and to-day three thousand, mostly, however, for England, at a decline of a quarter of a cent on previous rates. Low to strict Middling is worth froms7 3-4 a 8 1-4. Considerable excitement has been occasioned by the defalcation of Mr. J. C. Simpson, a well known Cotton buyer, who has suddenly disap peared. The loss sustained by his flight amounts j to about $40,000, which will, if is said, fell upon i several large Cotton house. The steamer Winfield Scott, has arrived from New York. New-Orleans, June 11. The Americas news came to hand last night Three thousand bales changed hands to-day at an eighth advance. Fair is quoted at 10 1-8. Rice' is dull at 4. The brig Tarta, Captr. Booker, has cleared for ■ Charleston. New-Orleans, June 13. Cotton has been quite active to-day, and prices were firm. The transactions amount to five thousand bales, principally for England. Mid- i dling ranges from 8 a 8 1-4. Seven hundred j barrels of Whisky have been disposed of at 18 1-2 c. per gallon. The steam ship Cherokee sails for New-York to-morrow. The Court Martial to meet at Washing, on the 23d, in Gen. Talcott’s case, is compossd as fol lows: Brevet Major Generals Twigs, Wool, Smith, Riley and Gibson; brevet Brig, Generals Walbach, Churchill, Totten, Clarke and Childs; Cols. Abert and Crane, and brevet Col. Plymton. Major Lee will be Judge Advocate. Correspondence of the Bcdtimore Sum. Philadelphia, June 10. The sudden dissolution of partnership between Barnum and Mile. Lind, has caused much talk this morning. The matter that brought things to a crisis was the choice of the circus for the concert of last evening. The stables being attached to the building, rendered it so o{Fens' 'e that chloride of lime had to be used. The c or of this being also disagreeable, the fair Swede never looked or sang so badly as last evening. When not actual ly singing, she was continually applying a per fumed handkerchief to her face, and the scorn that sat upon her countenance showed that she was seriously annoyed. The concert for to-morrow evening will be at the Musical Fund Hall, and she declares she will never sing any where else while in this city. The whole arrangement will be under her own direction, and the price of tickets put at a uni form rate of $3. Barnum receives SI,OOO each for the seven concerts to complete the hundred, according to the agreement made in New-York which with SIB,OOO received to break the con tract for one hundred and fifty, makes $25,000 that she has sacrificed to put an end to the part nership. Barnum will go to Europe shortly, to superintend the Batemans in their theatrical tour. {Telegraphed for the Baltimore Clipper.) Vicksburg, June 12. Duel at Vicksburg. —A duel came off here this morning, between Gen. Freeman,*the Whig can didate for Congress, and Gen. Smith, of Jackson, his Democratic competitor. Gen. Smith was se riously wounded in the shoulder on the fifth round. The cause of the duel was a letter writ ten by General Smith to some of the papers, and which was published, denouncing Gen. Freeman as a coward and libeller. The aflair has caused great excitement. Cincinnati, June 13. Murder at Beaver Island. - From Detroit, Michigan, we learn that a brutal murder was committed on Beaver Island on Friday last, upon Thomas Bennett, under color of ecclesias tical authority. Bennett was shot through the body with five rille balls and thirty-eight buck shot, by a party of fifty Mormons. His brother, Samuel, was also shot. Great excitement pre vailed. ' Louisville, June 12. The Cholera at the West. —The steamer J. M. Niles, from New Orleans, this morning, lost thir teen persons by the cholera and ship fever — among them, only one cabin passenger, Plan kenstein, a German emigant. Philadelphia, June 12. The Profit of Jenny Lind Co. —Mr. Barnum acknowledges to a friend, who is not given to ex aggeration, that he has made $500,000 by the Jenny Lind concerts, and says that Jenny has realized not less than $350,000 in this country. The net proceeds, of the ninety-four concerts do not lack above $25,000 of a million dollars. Arrest of Slaves. —Night before last, the slaves who made their escape from Rev. Mr. Per ry and others in Covington, a few nights since, were arrested by persons on this side, and taken , over to their owners, who received them and paid over the reward offered, ($400.) The slaves say they were enticed away by persons from this 1 side.— Cincinnati Gazette , Gth inst j Attempt to Arrest a Fugitive Slave in Cincinnati.—A Kentuckian attempted on Sa ' turday to arrest a negro claimed as a “ fugitive from labor.” During the scuffle, which occurred ■ on Fourth street near Sycamore, a crowd of peo- L pie gathered around, and the colored individual was silentiy released through some subterranean : passage unknown to the “looker 0n.”—76., 3d inst. Anderson, (S. C.) June 11.—In the neighbor hood of this village, we have had but little rain since the first of May. Other portions of our • District have been blessed with seasonable rains, inspiring the hearts of farmers with renewed . hope in the reward of their labors. The wheat is now being harvested, and bids fair to yield a 1 larger crop than was anticipated a month ago.— , The heads are well filled, but in some sections , the fly has been very destructive. The oat crop is very indifferent — Gazette. New-Orleans, June 9. A well known cotton buyer suddenly disap peared to-day. He is a defaulter to the amount of about $40,000. The loss falls chiefly on three • large cotton houses. One of the ferry boats burst a boiler this mor . ning, while crossing the river to Gretna, killing a negro pilot. Several other persons who were on board are missing. Shocking Death. —A man, named Michael McGovern, died in New York on Wednesday evening, from the effects of a quart of brandy, which he drank on a wager. The beasts who were parties to so beastly a banter, have been arrested and committed to prison. Their names are Hugh Hanovan and Owen Fox.— Baltimore Clipper. Desertion in the Army is beginning to attract serious attention in every part of the United States. The loss* annually to government is enormus—every man who deserts, robbs the gov ernment of SSO directly, and indirectly of much more. One eighth of the whole army deserted last year,and last month 16 out of 56 men of Capt Hatch’s company, at Rochester, deserted. “ Extremes Meet,” is a proverb which finds an odd illustration in the recent action of the English Parliament and the California Legisla ture. These two bodies, which may be con sidered as lying at the extremes of civilization, both sdjourned lately for reasons of like nature and importance—the first to attend the Derby races, and the latter to witness a bull and bear fight. From the Cherokee Nation.—We have re ceived the Tahlequah Advocate of the 20th ult. It contains no news of much interest. The va rious nominations for public officers seem to have been made, and they are so numerous that it is evident the Indians are as much given to office seeking as their white brethren. Among the candidates for National Counsel we see the names ol Spring Frogs, Spirit Pot, Laugh-at-mush and Lightning-bug. For Sheriff, the names of Fish Tail and Pelican Tyger are quite prominent. John Ross does not seem to have any opponent for the chieftaincy. Terrible Tornado.—A tornado at Hebron, McHenry county, Illinois, on the 3d inst. is des cribed as follows: It uprooted trees demolished houses, and killed three persons—the wife and child of a Mr. Pe terson, and a child of Mr. Martin’s. Mr. Peterson’s house was totally demolished. So far as heard from thirteen houses were blown down, and perhaps more lives have been lost. The track of the hur ricane is said to have been from one and a half to two miles wide. The accounts of the tremendous force of the wind seem almost incredible. It swept every : thing in its path. Houses, trees, fences, grind j stones, were whirled through the air like feathers, i A lady who had risen for the purpose of closing a door was carried out of the house and landed some forty rods from it, breaking one of her arms, and bruising her severely otherwise. A large cook i ing stove was carried some 80 rods, and dashed to pieces. The wind appeared to come from all points of the compass at once. j Nebraska Indians for the World’s Fair. —Eighteen Indians of the Nebraska tribe are ex pected at the United States Hotel to-day, en route for New York and London, to be present iat the Great Exhibition. They are, no doubt, ■ under the management of some “ cute Yankee/’ dead bent, on fortune—and he will make it.—- , Cincinnati Gazette , Gth inst. George Wetmore, in Youngstown, Ohio, once bargained to marry Miss Anna Mell. But he forgot to do it, and took a widow. A jury has asked him to hand over $1 ? 458 to Miss Anna as | a consolation!