The New York Herald Newspaper, January 25, 1851, Page 6

PRISON DISCIPLINE. ABSTRACT OF THE TULRD ANNUAL REPORT or Tas INSPECTORS OF STATE PRISONS, or Tae STATE OF NOW FORE. the year that has just expired, the several prisons have epjoye:! a usual degree of health, with slight exceptic as, their financial condition steadily improved. r of convicts in the State, on the let of mber, 1849, wes Legrihe number remain- at the close of 1560, 1,61 ‘here have been seventeen less convicts at the | Clinton, and the female prisons, than ia she previgus | ear. There has been an increase of 123 at Au- dura, and 2 at the mule prison, Sing Sing. The | greater increase at Auburn arises from a transfer of seventeen convicts frum Sing Sing, and fromthe fact that for the want of employment at the latter ison, owing to the destruction of the workshops e fire, the courts in the third judicial district, sen- tenced a large majority of their convicts to the former prison. " The arrangement of the prison districts by the act of 1848, chapter 141, leavimg it discretionary with the courts of the unrd judicial district to sen- tence convicts to either Auburn or Si Siag, is found to be judicious, as it enables the inspectors, at all times, by giving ea intimation to the jud; to have those convicied, consigned to the prison where their services will be most advantageous to the Stace, and to prevent cither trom being crowd- ed beyond its capacity to keep them in a health oper manner. Perhaps in another year it wll be expedient to have all those convicted in the third distnet sentenced to Sing Sil By examining the convictions of the past year, and comparing them with the population of the several counties, it appears that in Albany they amount to 1] in 2,414; Erie, 1 in 1,120; Kings, 1 ia 3,984; Monroe, 1 3.988; New York, lin 320; jondega, | in 4, da, 1 in 4,709; Ontario, 1 in 2,505 Rensselac* 1 10 4,795; Otsego, tin 10,101; Sutlolk, 1 in 34,579; Jetierson, 1 in 12,999; Steuben, 1 in 25,539; Dutchess, 1 in 18,374; Delaware, 1 in 36,990, and in similar proportions throughout the State. Of the 600 convicts received atthe several pri- sons during the same period, 508 males and 27 fe- males are on their firs: conviction, 54 males and 2 temales are on their secoud, 7 males are on their third, and 2 on their fourth. PARDONS. The executive clemeucy hes been extended to forty-five convicts, beioy sixteen more pardons than | were granted the previeus year. To the knowledge of the inspectors, but one of the 192 convicts pardoned during the last three years has been returned to prison, while many of them are pursuing honest ano upright callings, aad give hope tul evidence of positive reformation. proporuon of pardons to the average number of convicts the last yewr, has been at Auburn, | in 30; at Sing Sing, 1 in at Cliaton, 1 in 23; at the femule prison, 1 i The previous year the pre pertion wee at Sing Sing, 1 ia 58; at Aubura, 1 in 44; at Clinton, 1 in 39. ° POLICE DEPARTMENT. The system of ciscipiine introduced under the law of I547, equals our highest expectations, and, after three years’ experieuce, we are not a little gratified to be able to report that, uader its mild treatment, better order everywhere prevails, labor is more cheerfully performed, and the moral and physica! condition’ of the convicts is vastly im- proved. The lash aud other instruments of torture, which were calculated to inflame the pussions and engender hatred aod animosity, have been sup- planted by methods of correction more consistent with the dictates of humanity. The convict, no longer treated like a hrute, feels that even in pri- son he can exercise the attributes of a man, and that the condition of no one is 80 low that human sympathy cannot reach him, or so degraded that Kindness and, forgiveness will not reward his good actions and unaflecies repentan The chower bath is principally relied upon to cor- rect the uncorrigible, and is regarded as the severeBt punishment resorted to. While it has been found an eflectual instrument in subduing the passions, and reducing the retractory and turbulent to calm- ness submission, t's effects upon the physical system are invigorating and beneficial. SANITARY CONDITION. the Auburn prison, ‘The whole number o! dea hs to Nove 5 er 30. ettaes g male prison, from dir do drowned do do accident do. female prison Clinton prison. do. D Do. Total... Peeeneooen cove : The deaths at Auburn prison are equal to 1 in 73 4-8 of the daily average of convicts. At Sing Sing they emount to | in 3m, 14 Is; but as three of these Bl cameo has | 140M a ow we ont & Beas H Tenmny Tissabeciiny tot WTB ee ceeceecees Totalesceereceecsere INSTRUCTION. The wise and beneficent provision of the law of 1847, authorizing the employment of teachers to instruct the convicts in the rudiments of acommon English education, has been improved with decided advantage to those who could be induced to avail thenselves of it. Many have made considerable advancement, and a large number who can now read their Bibles understandingly, and write a le- gible hand, will ever feel indebted to the authors of this law for these useful acquirements. The ru- diments have been given to 472 criminals in the various prisons. CONVICT EMPLOYMENT. In the vicinity of the city of Auburn there are a pumber of discharged conviets*who had acquired trades during their imprisonment, and who found employment immediaiely upon leaving the prison. They are said to be industrious, sober, and upright citizens. On the other hand, at least five of every six who are commitied on a second convietion, are among those who had not ucquired the knowledge of any mechanical business at which they could find employment afterJeaving the prison. Of the 1,540 male convicts now in prison, 928 are under 30 years of age, and (including | teacher, 4 lawyers, 4 physicians, and 28 mercantile clerks, none of whom will be likely to prosecute those pro- fessions successfully hereafter,) there are 1,042 who have never learned any mechanical trade. Over two hundred of these are under twenty, and a large majority are under twenty five years of age. ‘The law prohibiting the teaching of trades in our iS rommmtie wp ah I. Pileli t lene “a i=} = ~ 2 7 prisons, was adopted prior to the present admirable and re! ing system of discipline and instruction, and had its origin in the injury which their learn- ing trades wes supposed to inflict upon those en- gaged in similar callings. The fallacy of this objection has been frequently exposed; and, we think we may truly aver, that if all the convicts in the State were employed upon the same branch, the product of their united labor would not atlect the price of the article, or seriously compete in our own majket with the manufacturers of jimilar article in meny of the New England towns. The supposition entertained by some that the acquirement of a mechanical trade will enable these men to find their way into the workshops of the country, thus endangering the morals of the young who are ignorant of their real characters, is as groundless as it is proseriptive and ungenerous. If such a principle is to prevail, the doer of hope is forever closed to the convict, and the efforts for his reformation and improvement, are an idle mockery. PRISON ASSOCIATION OP NEW YORK Under this head, the fifth report of the associa- tion, published in April last, and reprodveed in an ebstract form in the Hera/d, ig examined. It appears that the charges made against the State prisons were without the authority of many of the officers of the association. ' By section 4th, article 5th, of the constitution, co the Inspectors is submitted “the charge and super- intendence of the State prisons,” and yet the mem- bers of the Prison Association claim that, in pursu- ance of the 6th section of their charter, which was granted prior to the adoption of the constitution, they possess co-ordinate jurisdiction with the In- spectors, are independent of them, and have the ngbt to usurp the authority of the wardens and subordinate officers. On the 4th of November laet, a committee of that association again appeared at the prison, and served upon the warden the following papers :— New Yon, October 2, 1950. Pursuant to seetion éth of the act entitled an act to incorporate the Prison Association of New York, passed y 9th, 1846, I do allow the examination within men- tioned. and direct that Jobn Kuss, William Wala Drinker, Charles Partridge, and Richard Reed, do examine the State prison situated at Sing Sing, and that raid examination be concluded within cinety days trom this date, JOHN W. EDMONDS, me Court. (Signed) ison Association ef New York, demai sit and examine Sing Bing prison, w Attended by any officer or other person. in compliance with the 6th section of the charter of the maid atsocia- died by accident, the mortality from disease is but Tin 46, 8-15 At the female prison they amount to 1 in 26, at Clinton to | in 3893, Thé average num: ber of all the convicts neing 1,556, and the deaths from natural causes 30, it will be seen that they amount to only | io 514, which exhibits a sanitary condition that will compare favorably with any similar institutions in the counuy. TERMS OF SENTENCE The terms of seuteoce ot 720 convicts, being the whole pum» r coutined in the Auburn prison, (ex- clusive of 12 who ure sentenced for life) average 4 years 9 mouths and 12 deys Of these 449 are con- fined trom 2 to 5 years, 175 from 5 to 10 years, and 96 from 10 to 22 years. Ot the 303 convicts re- ceived at this prison duriag the past year, the Pongest term, (exerptnug one for life,) is 15 years, and the shortest 2 years Their aggregate term of sentence amoun's to 1,182 yeers auc $ hs, and the average to 3 years, 10 months and 25 days. At the Sing Sing mele prisoo, the terms of 680 Conviets, (not including 14 sentenced for life) ave- Tage 5 years, 9 mouths and? 362 are for 162 for lo» The terme als nience of 113 convicts at the Choton prison, (exclusive of one sentenced for life,) average 4 years, Sinonthe and IS days Of these 75 are tor 210 5 years, 25 for 6 to 10 years, and 13 for 10 to 20 years Of the 71 female convicts the terms of sentence average 3 years, 7 months and 27 da: Here 53 are sentenced for 2 ears, 15 for 5 to 10 years, and 4 for 10 to 11 yeor The aggregate ‘erm of sentence of all the con- victein the State, exclusive of the 27 doomed to .imprisopment for lite, amounts to $,220 years. whe object os State prison confinement being not only to punish oflences already cutimiited, but to secure society against future violstions of law, by improving the minds end reforming the characters of thoee who find their way here, it becomes a subject of inquiry whether these desirable ends cannot betier we accomplisned by a shorer term of sentexce on first cor ons, Without detriment to the administration cf public justice. Shorter sen- tences ure advocated A very large number who discharged from | their first term, never return to prison, and it is but fair to conelude that the necessary privations acd sufferings attending their ioearceration, coupled truction and reforming imilueaces of the State, have de- ‘with the mentel | provided by the beveticen terred them from further indalgence in their evil Coursee, and restored them to @ detter condition of life | CAUSES OF CRIME. Of 732 cenvicts at Auburn prison, 517 were never instructed im any trade or calling, whereby to eara @ subsistence, 30 bad bern deprived of a home be- fore 16 years of age, 191 were deprived of one, and 181 of both pareats before 16 years of age, 185 Were intoxicated at the time ot commiting the offence, 394 were without oceupation at the time were intecaperate, 468 had received | ral instruction, and 5)2 had | , Or attended e service. | A Critica! examimation of convicts ia the other | prisons would exhibit «eli more deplorable pic. | arly abandonment ture of neglected educavon and to vice and crime Of the 694 wales in the Sing Sing prison, 349 were ander 20 yeare of age at the ume of their conviction, 487 had never been taught a trade, 60 could net read, 149 could read only, and that iadif- ferently, and 290 were inter perate Of the 114 convicts at Clinton, 10 could not read, and 20 could read onty, while two thirds of the whole number admit their intemperance At the Female prison, we find, that of th taining vu December! twenty-five could read nor write d read only, and the alan mited iostrnetion in the ele Upwards of 50, or avery (we thirde , were intemperate, and, for the most part en their habits in early lie Eleven we mn are of age at the tune of their conviction, and 2 are natives of the | United States | NUMMER OF CONTIOTS IN we THR THAR PRIGOR® Noter rms ™ yt tub’ n int. Total Abduction i eee Abduction and rape 1 i | Assault to commi a a a ee Areault to kill > 2 eS t @ Attempt to poise ee | 4 Bigamy . “ » i “ Crime egainet nature 3 7 Incest. and attempt to com mit do 2 ‘ 1 veigling & ki = 1 Manriue rcs © 8 4 Marder .. 4 - 6 i ul ubornation it~ 5 Je ° te ae ee le Rape... . 13 b i * noest. ° . ities ea Tn oe a | roy and grand larceny : } 1 ; ab pg pail 2 rglaty rn et a | tion, and that portion of the revised statutes to which itreters. which are in ike following werds, to wit :— )Here folio: the 6th section of the charter of the association the section of the statutes referred to.) JOUN D. RUBS, W WALN DRINKER, CHA’S. PARTRIDGE. Dated Sine Bixa, Nov. 4tb, 1850. Thus, it will be seen, a committee, who acknow- ledge wo responsibility to the Legislature or to the Inspectors, tor the consequences which might re- sult from their p.oceedings in the prison, demand to enter it unattended by its sworn officers, or any other person, withdraw the convicts from the im- mediate observation of the keepers, say what they please, and do what they please, and that these extraordinary proceedings, so inconsistent with the constitution, and the provisions of the law ot De- cember Lith, 1847, eo detrimental to discipline, and con: nd , may occur several $0 injurious to the interests of the State and tractors, may be prolonged to “ ninety da! by other orders of the jud: tumes during the same year. In answer to their demand on this and other oc casions, the warden declined surrendering iato their hands the authority he was alone bound to exercise, but * offered to show them every part of | the prison, all books and papers appertaining there- to, and to permit them to examine the convicts, insisted that such interviews should be in his presence The course pursued by the warden is not only just aud proper, ia view of nis official position, and | the dapgers he has constantly to encounter from the superintendeoce of so many persons of this class, but it is consistent with the recorded rules and regulations of the Inspectors, made and entered pursuant to the 4:a and 9:h sub-divisions of sec- tion 34, article let of the prison laws, adopted De- cember 14th, 1347 It cannot be supposed that the Legislature in- tended io require the Inspecte to make general rules and requlauous for the goverament and die ciplipe of the prieow: end at the same time au- thorze en irresponsible commitier to take such coarse as to reader those rules and regulations nu- getory, end to defeat the very objects the law wa designed to accomplish That the examinations of convicts b Mittees are not productive of any benefit, and may be used for mischievous substantial ur- | poses, isrendered manifest by the fifth annual re- port of the Prison Association made to the Leg ture in April la a that report various state- | ments purporting to be mada by “discharged con- | viets, are elaborately paraded and seriously com- mented upon, in which the officers of that prison are charged with supplying bad and unwholesome | provisious, using the cat by way of punishment, | Cening convicts snd knocking them down with | clubs, striking sick men when confined to their | beds in the hospital, infletiog personab-chastise- | Ment upon the female convicts, and unnecessarily shooting men down If itiw deemed advisable, say the inspectors, to establish a supervisory power over the inspectors to look after the magagement of all the prisons (the importance and Bevessity of which we wil Lot question,) We would most respectfully suggest the creation of &@ permanent committer, to consis of a given number of members ef both branches | of the Legwiature, whose duty it shall be to visi all the prisons, during the recess, apd report the result of their examinations to the succeeding Le gislature, which, in turn, could institue a similar | commitiece CONTRACTS POR 1 Since our lest report three t ontracts have been made for the employment of convict labor @ the Sing Sing prison; the firet with Joseph J Lewis tor the services of trom 30 to 50 convicts to be employed in the manufacture of saddiery hard ware, for the term of five years from the Ist of May, 1560, at nis per day. Secondly, with William John he services of from 2) conviets, to be employed in manufacturing t pes carpets and rogs, for the erm of five years fromm | the let day of October, 1550, at 40 cents per day The third with Cbaries H. Woodrail, for the ser vices of trom 30 10 50 conviets, (if so many in the prison are cerufied ar cabinet makers.) te be em- nloyed in the manulacture of cabinet furniture, ap helete ry, and chairs, for the term of five years from the Let of October Inst, ot 40 centa per day. The agent is also advertiang the services of from 90 to & conviets, to be employed in manufacturing ewe end fiies, end from 30 to 50 te be employed ia mak- ing shooks he se several additional contracts when they shall be fully in operation, will farnish empioy ment fora good portion of the hitherto aaprodec- veconviet®, and eontr.oute a haadsome sum to wards the marntenanee of she prison | No new con:reets have been entered into at A burn or Chavon during the past year Notes OF LAnon The aver ge w lime ech day at Aubura pom, 1 hours 17 A: Cliaton, theave ‘ 1 2 At Sing Sing, the | year, were ns foll the A . b tne Anhaien, a et total omeunt ot ending September, 1850, Leaving © cash balance on hand, Beptem- BO ve crsatiorenttnanaccecatia ee cee, 00,400.06 Tending taptomber'S0th, 1850, Simousted : soeinyes aime eet 98.483 1h SEE ae wae xceas of cash over penses rit A etenyee arity vs $12,817 68 This, compared with the previous year, shows an increase conan of #13720 98, which arises from the larger number of convicts in the prison. Bente Kash Fastest the iaposkes ihe Oke of ‘mber, ine! juding cash lance as above, Hes se of accounts, &e., were $9,006 98. ’ During the year end mber 30, 1850, the average number of convicts being 611, the average amount of easnings of each oes Less than he datiy e ing the same riod, was 28°3-10 cen 8. “ithe daily average expense’of each cenvict has been, during the same period, 23 3-10 cents, beg lene by tworents than th 1849, The yearly average expense convict, in 849, ae T7 Soares of fh ~ntan &o., was $96 82 The yearly e in 1860 including salaries, ko. eee 1 92 Less expenses for each convict in 1850. ‘The average earnings of each convict over in 1860, was, including salaries ot officers. . seeeeee gil 68 The same, 1n 1849, was. 10 68 Difference in favor of 1850 ........ ren he average expenses of each convict, exclusive of officers’ salaries, &c , in 1649, was . ‘The average expenses of each, exclusiv cers, in 1850, was, a Difference in favor Of 1850........0..++0008 $484 The average earnings over expenses, exclusive of salaries of officers, in 1850, was. . $56 17 ‘The same, in 1849, was........ 96 2) Difference im favor of 1850 ..... -. * The daily average number of convicts employed upon contract, was 557. The daily average earnings of each convict, upoa contract, was 44 2-10 ceats. The sum of $9,006 98, remaining in the agent's bands at the close of the fiscal year, was inme- diately called for to defray the expenses already incurred in building necessary shops; but the situa- tion of this prison is now such, by the dispositioa of the convicts upon productive contract employmen', that its earnings will meet all its ordinary expenses, aud the inepectors have reason to hope that there will be a surplus to defray the cost of some very necessary alterations in the prison buildings, during the present yea at fing 8 th total cash receipts from ding the cash balance ¢ year ending September, to. ‘The cash payments for all purposes during the same period, were. ........0+0++. 95.828 64 | Leaving a cash balance on hand, Septem- | ber 80 1860...... see $8,711 06 | The total emount of expenditeres during | the fiscal year, for the ordinary support of the male and female prisons, was.... $76,815 36 The total amount of earnings, from all BOUFCEB, WAR. cece ee eercseeenssenrs 70,234 99 Excess of expenditures over earni: $6,580 37 Frem this sum should be deducted. being the portion of the earnings of the lest fiscal year not yet paid for, and there- fore not included in the above, but will be found in the list of debts due the prison, which accompanies the agent's FOPOTE. wee eee ce ence weeeeeee . 5461 22 Actual excess of expenditure over earn- Ly eee seceerrcsese $1,129 15 The total expenses for the support of the female prison are estimated at........ $1090 50 ‘The tota) amount of earnings of the female PrisOD WETE. «esse eee erees . 3,165 13 Bxcess of expenditures over earnings. $7,766 37 Dedact total of expenditures over earnings tisfactorily appears that res for ite own ordinary support in the rum of. 6,636 22 The totel earnings of the GUCHU, Use femal sarmings are - $72,521 08 The total expenditures for male prison, de- ducting the expenses of female PHIGOM, BFE. 6 ee Tee e cece eens seccee 65.884 86 Bxcens of earnings in male prison over its ORPOMPED, . 6 os ce ee secreessceee + $6696 22 In 1860 the total’rarnings of both prisons, including the eum still due from contrac- tors. amounted to. .... 4+ «+ 75,636 21 In 1849 the total earnings were. ++ G6 STO BE D'flerence in favor of 1850..... sesesee $9,006 37 The total gene Ten hy ae, support of t je and female prisons in 160 was. $76,515 36 During 1849 the 63.973 64 $7,841 72 over 1849, 8 of each convict, male the Bep- oor 65 271 | aw | Tetal $00 11 6 83 $278 $1 550 The same im 1849, Difference in favor of 184! segeeee Average earnings of each conviet over ex: penres, in 1550, (exclusive of salaries), war... —sssees $42 38 ‘The same in 1849, was, oat favor of 1860. so 1 thi ino Average carnings per co $104 49 Average expenses per convict in 1860. + 9452 Average rarnings per convict over expenses on Average capenmen cased of salaries of of. ot Tea Rated . os 69 Of the female priscn oniy ” = Average cacnings per convict for 1850. . 6.6... 57 Average earnings per convict for 1849... oe Difference in tavor of 1850. ...... ++ $10 1 ‘The earnings of the Sing ¢ prison are consid- erably less than was anticip in the early part of the year, owing to the interruption of basiness by the fires which oceurred in Febroary and Avgust At Clinton priton the cash receipts from all tources daring the fiseal 5 ling Bep t Suth 1KHO were. . . $37 56 penditures for all purposes during the rame period. wer 7095 07 Bhewing a deficiency in the reoripts, of, 126 49 The receipts of the prison, during the past fiscal wei Legislative appropriations. . .. Carb balancer on band Bailes of ore $723 01 wa 69 19.119 12 Buncry articles sold, ke... .. 131 97 Machine shop. . . nw Visiterr... . ‘ 144 00 Biackemith's shop... ..- +... lio 36 Conviets’ deposits and interest fo... lua 08 ‘ ‘The earnings of the prison during the past | firoal year were for tron sold and 1 $12,119 19 Iron ore nd Kept Och, 1800, , ¥.000 00 nd machine ahop 452 83 jeedon Btate land by; ° 250 00 | Total earmin, «991,561 95 The average earnings of eanh convict was, for the year ending Sth September 1850 $188 02 The average expenses of each convict during | the same period, was ¢esseee eveces STO | Bxoees of expenses over earnings, for each | convict. . ° sevvcccecee OOD The isige excess of expenses over caraingy scounted for by the agent, upon the ground the exposed situation of the prison, and the nonener in whieh the coovi: are ne ersanciy #2 ¥ tered in the prosecution of t) eir labor, demand as mueb foree in guarding them a# would b» requir dto keep a much larger number at the other inbor has been performed, however, by | the few conviets here detained About 7,000 tone of ore have been raised and separated; the grounds of the prison enclosure have heen graded, naproved, | and cultivate d; the vegetables for prison use have d from prison land; fity rode of the | plonk road wae c racted, and the plank for two | mites and a half furniched by convict labor, The prosecution of the tron business cannot be relied | upon as the only source of convict employment or | pricow suppert. APPROPRIATIONS. ‘The balance remaining in the hands of the agent of the Auburn prisom ic deemed suflicieat to meet bern prodace ‘the close of the last the eaeearon 12,000 00 pers sah Gat will require an appropriation of $2)\06 to meet ite exirtng liabilities, and to provide, in part, for its maintenance during the cur- Tent year. Auexanpgr H. WELLs, Darius Cragg, Davin D. Spencer. Insp-etors of State Prisons @cvernor King, ef Missouri, on the Com- Measures, The following is an abstract of that part of the message of Governor King, of uri, On the compromise measures lately d by Congress: — x " he nent of ae aboliuonists, sustained as ey are by political de: aes, in reference to the law for the recapture ef feguive elaves, is such as to excite just apprehensions fer the stability of the Union. “Although that law is one of the series of enactments, desigaed by Congress to restore harmony among the ditlerent sections of the Union, still t cannot properly be termed, of itself, an act of compromise, in Which mere coofiic! Interests were adjusted by mutual concessions. {ts passage wae but the discharge of a solemn duty to tne slaveholding States—a duty enjoiaed by the con- stitution, trom which Congress could not shrink Without @ total disregard of an imperative obliga- uon. {t rests for its support, not solely upon the good faith te observe it, which springs from its connection with other measures receutly passed, connected with ths question of slavery, bucif taken separately, a8 an independent measure, upon tae absolute and unqualitied duty imposed by the con- sutution on every good citizen to contorm to its provision: thout cavil or evasion. [a insisting upon the rigid execution of that law, and its ceu- Unuance in full force on the statute book, the people of the slaveholdiag States assert only a plain constitutional right, guaranteed to them when they entered the Union, and of which they capaot be deprived as long as the constitauon and the Union stand. Hence all assaults upon that law—all eflorts to prevent its execution—all move- ments to deprive the South of its benetits, whether dictated by morbid sympathy with the fugitive slave, or by hostility to the system of domestic slavery as il exista—are aimed directly at the con- stitution, and, consequently, the perpetuity of the Union. But may we not hope that the recent op- position to that law, exhibited in some Northero Dtates, will receive no important aid trom the masses! However silent the people of those States were for a time, when duty required them to rebuke promptly the spirit of fauauemwm and re beluuon raging 10 their midst, @ reaction appears to have commenced, and to a considerable extent, the reflecung and patriotic manite: determina- Uon to ebserve the farewell injunction of Washinag- top, by ‘ frowning inaignantly upon the first dawn- ing of [this] attempt to alienate one portion of our country from the rest, and to enfeeole the sacred ties which now Jink together the various parts ’ To the patriotism ot the North the whole coun- try turn at this me, to ascertain whether the jar- rmg elements of discord are to be hushed “No racnhee of honor, or duty, or interest, is asked, but merely obedience to, and enforcement of, the most sacred obligauons which the highest forms of law can ies We have a right: to expect this, and to ask that the spirit of injustice, insubor- dination, and disuaion, ehall be quelled in the North as weil as in the South, and that the cause | of hosuiaty shall be speedily and effectually eradi- cated by the cessation of all further aguation oa the subject. We have a right to expect that, ani- mated by kindred sentiments of devotion to the Union, ople of the North will repress famati- cism, roll back the rising ude of dissolution, up- hold the constitution and laws,and declare with the potent voice of the popular will, that the * Union must and shali be preserved.” It this is done, the storm will pass, and the Union emerge, uaimpaired, from ali the dangers in which it has been piunged. No State will rejoice at sucha result with more sincerity and joy than Missouri. ‘ J ‘The egitation of the slavery question in the South has assumed a much more important cha- racter than ean be ascribed to itelsewhere. it has put to the test the moral force and strength of our Wnion, and forced the public mind to cousider the importance of iis preservation, and to review and fix the attention upou the causes which induced the fathers of the revolutioa to enter into that eom- pact or agreement which Teaulted in its formation. * * * * Ifa law is passed by Congress, approved by the President, and declared to be in accordance with the consutuuon, by the courts, then all good citt- zens will abide ils mandates, however inconvenient and oppressive they may be, uati resort is had to anol remedy, coustituuonal in its character, conservative in its purpose, and, if the evil be ia- tolerable, certain in its accomplishment. [ mean the remedy aflorded by the batlot box. This is a remecy known of the consttation, aod with which all good citizens will be satisfied. Any other re- medy must be revolutionary in its character and eubversive of our goveroment. A remarkable imstance of the success of this latter remedy oceurred shortly after the adoption of the constituuon, and shows im a@ striking maneer the working of our system of government. Da- ring the admunistration of John Adams, the alien cot sedition Jaws were passed by Congress, ap- proved by the President, and sustained by the ju- ciary. The members of the republican party of that day, with Mr. Jetierson at their head, de- clared their opinion to be, that these laws were unconstitutional. But did they attempt to naility them by remedies outside of the constitution t Far from it. Mr. Jeflerson, then the Vice-President, remained at his post, but urged and induced Mr. Madison and other republicans, to leave the halla of Congress, go home to their respective States, agitate the question among the people, go into the State Legisiatures, and there concentrate public sentiment, and bring it to bear upon these laws. in a word, to bring about such a political revolu- ion as would swee, them from the statute book. Out of these and other kindred measures, grew the memorable contest of 1800, whi ended wn the elevation ef Mr. Jeflerson to the Presideacy, and the repeal of those obnoxious laws * * . . The rights of the slave owner within the States, are eecured by @ plain constituuonal provision, and with these the general government have never in- terfered. The power of Congress to legislate upon the subject of very in the territories, he pot out of which the whole controversy has arwen This power is not among those expressly granted by the constitution, and ia t» be derived, it at all, by a necessary implication amd construction trom some one of the ex; sly delegated powers. Upon this point a difference of opiaion exists. There are eminent statesmen, whose opinions are | entitled to great weight aad consideration, who claim this power ; and the many repeated acts of the government, in its various departments, give force and eflect to this position. While others, whose opinions are equally entitled to be respected, deny the existence of the power. Before the adoption of the Constiiution, the ordi- nance of 1787 had been passed, which disposed of the question of slavery i all the,territory then be- longing to the Uaied States. The silence of the eonvention Which adopted the constitution, aad which was in session at the time of the passage of the ordinance, upon the manner of the disposition of this terrivory, when the question of the rights of slave owners was under coasideration, furnishes trong reason to believe that there was a silent yeweence in it, end that the convention did not look to the subject of slavery further in the States at the ume ‘aking this view of the subject, and our goverament being one of strictly limited delegated powers, Lem unwilling to derive the power by adoubttal implication In this conflict of opinion what is to be done? There is but one safe course fo parsue—non iater- vention—no agitation of the subject, in any manner, by the general government Let there be no law admitting of probiviting slavery in the territories. If, however, Congress does legislate upoa the sud- ther nullification nor secession is the right- jonel remedy In the ianguageof Mr. * The constitution is a compxc'; its text is to be expounded according to the provisions for expounding it, making Tes of the compact, and none of the parties can rightfully renounce the ex- pounding provision more than any other part.” The copetitation declares “that the judicial power nited Stutes extends to ali cases in law and equity, arising under ‘he constitution, the laws of the United States, * This question can only grow out of a law of the United States; aud for its proper exposition, we should resort to the judicial power, which 18 concentrated in the Supreme Court. This Leonceive to be the constitutional doctrine, and it admits of neither secession, nullifi- cation, nor dissolution of the Union The right of secession can only be claimed upon a principle which lies at the foundation of our politi- cal existence; that is, when oopression becomes so intolerable that forcible rerietance and revolution is the only remedy for the evil We are at an im measureable distance from this pointot provoca- tion, and if secession is attempted, it will be an atrempt at revolution ; it will 4 violation of the constitition, and a subversion of the Union. The President will then have no other alternative, under hia oath to protect and defend the constitution, than to use the force of the government to pat down the revolution, | will not not contemplate the conse ot the han itexisted | toanpdaniy ‘opportunit) all good citizens to appreciate the value ofthe our w to guard it, not ony. 0 is to be esomge but ae eoivine Providence, A mi our own safety and es Anieriogn clit but likewise constitute us the great exenplar ations. : south Carolina Free Negro Lay nd Brit ish Wi mee Se Britt consul and the Governor of Sout Careline, he BRITISH CONSUL TO THE GOVERNOR. Co.umnta, Dec. 14, 1850. ‘The undersigned, her Britannic jesty’s Con- sul for the States of North and South Carolina, has the honor to intimate to your Excellency, that he is ted to invite consideration of your Excellency, and of the Legislature of South Caro- lina, now assembled, to exi law of the State, under which a class of her Britannic Ma- jesty’s subjects, entering, on the Bg cer 4 ofa national treaty, the ports of Sourth Carolina, in trading vessels, or in ¢ are taken from the protection of the British flag, and imprisoned in the | common jails uatil the moment of their ship’s de- parture. pe The direct mode, ad H. B. M’ meat in this Fea, ace ane the umletalgned hopes, be accepted as a further proof of considera~ tion and good will towards the State of South Carolina. Aware of the constitutional change im) ed yout Bpoe hie arrival, he has purposely awaited xcellency’s official inauguration into office. The State of South Carolina, the undersigned apprehends, has derived advantages of moment | from the present liberal commercial intercourse with Great Britain, as it is evideatly the price at which her sta commodities of rice and cotton can be sold, that limits their production and importation from various other countries ; “nor will it escape the recollec- tion of your Excellency and of the Legisla- ture, that the pupctilious adherence of the British Government to the unintended, but strict, applica- ion of the wording of the mutual treatyenabled atalented Carolinian gentleman to obtain & the South, under it, a further benefit. To the distinct clauses of that treaty, and to the declaration in the constitution of the States. “That the constitution, and the laws of the United | States, which shall be made in pursuance thereof, and all the treaties made, or which shall be made under the authority of the United States shall be the supreme law of the land.” The undersigned begs to call your Excelienc’y attentioa, apprehending that ite infraction by the act in question will appear indubitable. The substitution of any more “‘ protective” basis of commercial intercourse for the present treaty, would, he feels persuaded, be at variance with the wishes of her Britannic Majesty’s goverament, but, just, and indispensable to its coatinuance, that @ perfect reciprocity in its a tages should be | aomitted Her Britannic Majesty’s government seek this | a | Fes ba in the unrestricted trade of her Ma- | i est Indian colonies with all parts of the nited States. These colonies mainly depend on | their imports for corn, flour, cattle, salt provisions, and lumber; and to their small but numerous ves | sels, (necessarily manned Hy, mixed and chiefly colored crews,) the ports of North and South Car- olina, respectively, are more especially suitable, and at all seasons accessible. | Your Excellency and the Legislature will, the | undersigned cannot doubt, concur with him ia the genera! international understanding of the powers | of police or pet regulations, co-existent with treaties, mamely:—That such permanent regula- tions should extend to foreigners the same restric- tions they impose on natives of the spot where | they are enforced, of a similar clasa und calling, and po more. The undersigned indulges in the hope that, under these circumstances, the Legislature of South Carolina will see fit to abrogate or amend such portion of the law as applies to the subjects of foreign allied powers, and will thus strengthen | the existing bonds of commerce, of friendship, and of mutual good faith, with a kindred natioa. [gisned] GEORGE b. MATHEW. To His Exeellency, The Governor and Com- mander-in-Chief of South Carolina, & , we. THR GOVERNOR'S REPLY Executive Orricr, Corumpia, 8. C , Dee. 16, 1850. The undersigned, Governor of the Common- weulth of South Carolina, has the honor to ac- knowledge the receipt of the communication of Her Britannic Majesty’s Consul, in relation co the law now existing, by which a class ot H B. M's subjecis are imprisoned upon landing in Charles ton, and the undersigned takes this occasion to ag sure H. B. M.’s Consul of the friendly feeling en- tertained to his goverument by the State over which he has the honor to preside, and that no dis position exists todo anything that might tead to disturb the amicab!e relations now existiag between | the two governments. The law alluded to, the Legislature of South Carolina deemed necessary to enact from conside- rations of safety (o the institutions of the State, | and net with a view of imposing any unnecessary restraint upon the seamen claiming the protection of the flag of any friendly power The communication of H. B. M ’s Consul will be transmitted to the Legislature at the earliest pos- sible convenience of the undersigned, and no doubt will meet with a respectful consideration. pest) J. H. Means | To H. B. M's Consul, George B. Mathew, Esq. ADDITIONAL NOTES TO THE GOVERNOR 3 CoLumara, Dee. 17, 1850. The undersigned, Her Britanmic Majesty’s Con- sul, for the State of North and South Carolia, has the honor to acknowledge the receipt of your Exceliency’s ‘‘note”’ of the 16th inst squares to | him the gratifying assurance of the friendly feel- | ings entertained to his peveseenane by the State over which your Excellency presides, and inti- | mating, also, your Excellency'’s intention to trans mit the communication of the undersigned at your Excelleney’s earliest convenience, to the Legiala- ture of South Carolina. |. The undersigned would merely desire, in con- | tinuance of his *note”’ of the Tih inst., to request the consideration of your Excelleney, and ef. the | Legislature, to the opinion of the late Attorney Ge- | nerel Wirt, elaborately writien, under the com- | mand of the Hon. J.Q’ Adams, President of the | United States, and printed in “Elliot's American | Diplom. Code,” (Appendix, vol. it. p. 676.) con- | cluding in the following forcible lenguage:— “T afi of opinion that the tention of the law | under consideration te veid, for being against the | constitution, treaties, and \aw of the United States, | and incompatible with the rights of all aations in amity with the United States.”” This opinion your Excellency will, the under- signed conceives, hold to be well founded on the supreme power of treaties, as ruled by all writers on international law, and briefly but decisively laid down by Wheaton, in his “ Elements of Interna- tional Law,” who states, (pave 122, chap. 1, part | 2,) under the head of the * Rights of Seif. Preser- vation and Independence,” of nations ¢ only exceptions to the application of these gyacral Tules arise out of comp such as treaties of alliance, guarantee, or mediation, to which the State itself, whose concerns are in question, has | become a party.” | The undersigned feels fully assured that her Ma- | jesty’s governmeat may confidently rely on the justice and good faith of the Lewisiature of South ‘olina to anest, from the present moment, the operation ef an act which he apprehends will, on examination, be found liable (by the individaal ir ritetion it must cause,) to create the results it was designed to preclude. igned,) Cronor B. Matuew. His Excelleney, the Governor of the State of South Carolina THE GOVERNOR'S REPLY Executive DeraxTMent, Coruna, 19th December, 1850. The undersigned, Governor over the Common- wealth of South Carolina, has the honor to ac- knowledge the receipt of the note of the 17th, from H. B. M.’s Consul, and informs him that it will be transmitted to the Legislature forthwith. ‘The undersigned takes this occasion to renew his assurances of his own friendly feelings, aad thore of the State over which he has the honor to reside, towards H. Bs. M.'s Government, and also his individual respect for H. B. M *s Consul. (Signed) Jous H. Means. | H. B. M's Coneul, George B. Mathew, Esq | Cratovs Disrwra iy, Traxay—A Rexique ov Tuk Saviour’s Last Surren.—A Greek convent at Salonica, in Turkey, has, from time inme- morial, possessed a fragment of the veesel which, it is said, Jesus Christ used at the last supper. In | October last it was missed, together with the shrine in which it was placed. The pacha gave orders that a strict search ehould be made after it, and he especially directed that all baggage paseing | through the custom-heuse should be closely ex- amined. At the beginning of the month, the custome officers found the relic and the shrine in a box sealed up with the seals of the Kussian con- | eulate, and destmed for Salonica. They sei them, and sent them to the pacha. The Russian consul, @ man of honorable character, protested | he knew not that the things were in the box. He omplained that his an id it Yeas a violation of tr ted that the relic and the shrine should be restored t, the bux. But the pacha, who was embarrassed oy the demand, sent them to the Divan at Cone anti. nople, leaving it to decide on what showid be dow hi ithenticity of the relic is sard neve ¢ to have { been doubted, and thousands of atims were accvetomed to visit it every year. —Galignant’s Messenger. Pad iy dite s Politics and the Next Presidensy. Massscnuserts.—The present aspect of political af. fairs in this Btate, is one of perfect confusion. The majority of the free soll party tn the Legislature, and the failure to entirely coalesce with the: ren- der it more than probable that no United States Senator for the present or future Congress will be chosen. The “democrats refuse to aid in the election of ome who al- woys, before the existence of the present free soil party, soted and voted with the whigs; hence, after repeated , trials, there is now no mere probability of an election than on the day when the Legislature assembled. This exists not only in the legislative fm the first New Yorx.—Though there is now very little said of national affairs in this State, except by the advo- cates of the Gerrit Smith school, there is an evident disposition on the part of the whig party in the northern and western portions of the State,to keep alive ‘the flame ot discord which so recently agitated the whole Union, The whigs and abolitionists have a majority im the State, and they have the control in the State Legis- ature, but have not as yet succeeded in the passage of any measure disregarding the law of the nation. Several efforts hav. mn made te expr ut as'yet the voice of the, State throu tives, has not mm country. “ag forth against the la ot the ohief leader of the abolition r foward, has been very quiet duriog the present seesion of Congress, which is surmised as a bid for something higher than the post he now occup! The election of a Bemator to supply the place of the Hen. Daniel 8. Dickinson is soarcely spoken of ress, and barely alluded to oocarinu- ny Evening Journal, There iavery it has already bee! y little effecte: Legit loubt but the arrai d; and in their own time it 13 reasonable to infer that he subscribes to the faith and doctrines of those who will place him in the first branch of the national council. South Cano.ina —A mighty change seems to have been wrought in this State. There is now little or no clamor for a dissolution ofthe Union. The great excitement which, a few months since pervaded the whole State, baseubsided— and from the quietness new existing, it 48 Feasonable to suppose that @ portion of the people, wt least, are satisfied with the laws passed during the last session of Congress. Gen Hamilton, one of the most prominent politicians of the State, strongly re robates the idea of secession er dissolution; and meuiber of the Legislature, has epo! evils to result from the course recomme! during the late excitement. There are many men of like stamp throughout the Btate, and their influence seems te bay ught ® great change in the minds of the with all this there are many and promi- ‘ pts uid see the —, dis- 4 jardiess tl yaneq' fenergiy bee Tory tke fe ay open 1 wate! i ti ve! Ebough hey wuich every pola! Nortw Cano.ina.—This Btate, threughout the whole of the recent sgitation, ma‘ntained a conservati; sition, and did not call for a dissolution of the because of the passage of the compromise measures. The people are satisfied if the existing laws are faith- qully carried out; though, through the Legislature, they bave protested against further aggression upon u rights by the og There are some features of pasee: Congress which were alone, unacceptable; but with the whole laws they express their eatistaction. A series of resolutions have ‘oon tatroduced im the lower branch of the . to the effect that the abolition of slavery in the District of Colvmbia, or the probibition of the slave trade be- tween the States, would be suffivient cause for North Carolina to join with ber sister Southern Btates in proclaiming the dissolution of the Union. There is very little probability that those resolutions reflect the will of the people, as every indication ot the is eS quiet ou setom to the laws the pation. In this State, too, an extraerdinary place in the minds of the people, if the press is « true reflector of the.r views and weshot. The Mississippian nnd Vicksburg Sentinel, the two lead- ing disunion journals of the State, have become com- paratively quiet, and little of an exciting character is raid upon the subject of the late compaomise mea- sures. The course of Judge Sharkey, upom the ques tions which so Feoeatly sgiteted the State, had eff-ot- edawonderful revolution There are many in the State who would preter to see the North apd South separated, but there being very little sympathy with sucha movement im the other Southern States, the agitation now seems to be dying of itesif. Wisconsix.—Notwithstanding the strong sbolition feeling in this State, there is an evident determination on the part of «@ pertion of the people to maintain the yews of the country, The Milwaukie Sentinel and Gozette, the leading whig paper of the State, has always *tood upon strong abolition ground, and like some ef its cotemporaries at the East, has not teiled to abuse, in no measured terme, the Fugitive Slave law, Tue Wiseonsin, ® demacratic paper in the same place, has alro occupied the tree soil platform; but it is dowbtial if that journal is a true exponent of the views and change ie mesnag: Lexi re Ho giniacure, takes strong groucd in favor of © uld be made to impair or render nugatory any of Chose provisions, except by Cougress by which body it was passed. Like the other North- weatern Stat:# whiok have #pe Wisconsin is ready to maintain the Introduction of Water Gas in Cavada. Having aiready orawa attention to aa important innovation in domestic economy, namely, tne use of gas generated from water, in lieu of the more expeasive, and (in many instances) the unattay able coal gas, we are now enabled to speak of t quality and merits of the new discovery from per- sonal observition and inguiry,—having witnessed its application to ordinary purposes, at Mr. Anbia’a residence, where it isia nightly ose, and wightly viewed by numbers of curious mmquiring visit- ers. Mr. Aubin's present apparatus is of the most rude c ter, beimg purely experiment: butite very incompleteness is proof ia i's behalf when such satisfactory results gre constantly obtained. lt is his intention to lecture upon the subject of his meritorious labors, whea the perteet machioery (most simple in its character aad design) will be exhibited. The quality of the gas seen by 8 pure and brilliant, and apparently of suff power. Ours was an impromptu visit, aad at the ume we made it, small gasometer was nearly emptied. The color of the light is less fatiguing to the eye than that of the coal gas, and we uader+ stand that it may be more or lees tinted in the pro+ cess of manufacture, to suit th» fancy or vision of the consumer. It emits no smoke, a most import- ant consideration as respects drawing-room turui- ture, or estublishments 1 which dry goods fabrics are exposed, and is devoid of thi id of coal gaa 80 destructive to lnequering, & la adds son to these very important desideraty if allowed to escope it does not fill the epattment with that pestilential effluviom by which an. issue of the ordicary gan is rendered so unpleas- ant. We mention these tacts without com ct being to introduce into no- uch tnpottance, aad one that t a cheaper rate and without every private dwejliag. We ipecnvenience, in ‘ understend that Mr. Awbin has already some or- ders to execute, and several public estabdlishme ate and private individuals ia town, have intimated their intentio at bis gas. Lt bas, however, been stated to us, and. by authority, that our gas company of eolme time had on hand the re« visite eppar for manufreturing water gus. this we whall haves the pleasure of inquiring Ito, in afew days, anes we hope to be also enabled to wecertain the Vie we or opinions of the company aa to the practical jlity of the opposition light, and it introduction ty them into general ase, as ding the prigent material. At any rate, b gas of whrt kind it may, the pablic will insist upon bein g supplied at more moderate charges thin they no" ¢ pay —Queler Gazette, Jan. 14. A sourtion ov THR Gol Corna@r oF Batorum.—~ 4 dvices from Brossels announce that, coatrary t» che report of the recent commission, the chamber id comege in \ currency, have voted the withdrawal of the Pelgium, both respects the nat and all foreign gold moneys. Th present circulation is estimated at 100 sterling of see pieces, isened | about £1,600,000 of Duteh ten guilder pieces, The meaeure has caused considerable excitem ad # fall of about 1 to 14 per cent im the price of gold had taken place.