The New York Herald Newspaper, March 8, 1851, Page 6

‘ashington Correspondence. Our Wasuinoron, March 4, 1851 General Foote, and the Last Long Day's Seasion of = whe nad ae % i pos ot the Senate— The Cost— Balance wm has Favor. costume. About 10 0% ip com, with According ‘o the interpretation of the two houses, eoveral eyes we ‘weaded car way Ly nae islati session is thirty- dancing room is large and sp: She last leg ve dag of the short is thisty and y; en yy what a spectacle! What six hours long, and the fourth of March does not | constitutionally commence till the middle of the day. ‘The last day’s session of the Senate, however, was thirty-seven consecutive hours duration During that long day, from the beginning to the end, General Foote was present, and vigilaut as a jynx to defeat the River and Harbor bill. Aceord- ing to our recollection, he did not speak less thaa forty-three times during that long day, including speeches, questions, and explanations; and sprung from time to time, from no less than seventeen ferent chairs, now on this, now on that side, always on the move, and forever claiming the floor, or asking leave for a tingle remark. [fall that he said in debate, during that day of thirty sevea hours, is printed in the two official organs, 1 will amount ig each paper to an average of twelve columns, or twenty-four in the aggregate :— | Twenty-four columns, at $7 50..... + $180 00 Pay for thirty-six hours 12 00 | Total. sae ++ $102 00 —Cost of Se: Foote ‘reasury, for one day’s debate, one hundred and ninety-two dollars ; | but he may plead in contributing to save $2,346,000 | in defeating the River and Harbor bill, and $100,000 | im defeating the claim of Father Ritchie. Wasuineton, March 5, 1851. The Close of Congress— The Departure—The Census —Book and Brandy Distribution—the Insane— Liewtenant General, §c. | The great mass of representatives having already | taken their departure from the city, a few only re- main until they can prepare for their departure. ‘Within the walle of the capital there are hundreds of large woeden boxes, nicely labelled, iato which books, purchased with government money, and voted by members to themselves, are to be placed. Probably, if there 1s room, some of the surplus brandy bottles which were so plentifully displayed in the clerks’ rooms, on the last two days of the session, will be stowed away, as remembrancers of | the eventful Congress. | The works of Hamilton, Adams, and Jefferson, and the costly Indian statistics, and plates of Schoolcraft, were divided among the members, who have an increazing mania for books, either | to be read or sold for their own benefit, as hereto fore. They also made provision for Cogeanen | | among themeelves, the statistics of the sevent oo, but forgot to make provisions tor the print- | ing. This, however, may be ordered by the Secre- tary of the Interior ; for heads of departments, | when they choose, can find laws to warrant them | in assuming any duties they may fancy. ; ing about printing, Father Ritchie is used We felt sorry to see the old veteran, shortly the Senate had laid him on the table. In | vain did General Foote plead for his grey heirs. The hearts of Senators were hardened; in vain were they told that the public printing has involved Mr. Ritchie in most serious debts; and unlees you relieve him by yout generosity, his ruin is in- | evitable ; the press Union must stop ; all the pro- eet its respected editor must be at once trans- to trustees for the benetit of generous credi- | and even the little which he has accumulated in course of a long and laborious life, must be entirely swept away from . The Senate did not the relief resolution; thtrefore, accordiag to ral Foote, ‘Mr. Ruchie’s ruin is enevita- ble,” aud “ the press Union must stop.” Aad Mr. | Ritchie himself says, editorially, the non-action of | the Senate “* may cut us off from the press for ever; it may consign us to a different destiny.” Truly, * the way of the transgressor is hard.”” How dif- | ferent from that of the independent journalist, who | speaks boldly, without fear and favor, courtiag none, end dispensing justice with a free hand But democrats genera'!y do not, now, hear the crack of leader's whip in hington—they are too much divided to rally to the support of their sufferiag and erratic brother. [t is supposed that the Union newi- | paper will shortly pass from the hands of the pre- | eent tor. The Senate passed a bili voting about ten mil- lions acres of the public jands, to be divided ac- ——- to the representative ratio among the several States, for the relief and support of the indigest insane. It was owing to the philanthropic efforts of Mies Dix tbat the measure made its way | from that branch of Congress. The bill was aton+ ume feirly before the House, but somehow it was staved off, and now lies in the same grave with the French Spoliation, the Fortification, and the Har- | bor and River bills. Major Gen. Scott will not be made a lieutenant | general, the resolution with that view being defeat ed by the House democrats, who save an aversion to the name now, although they were extremely partial to it dering the Mexican war, whea the ad- | ministration meditated to supercede General Scott in the command, by a lieutenant general whe had never smelled gunpowder, except in a street fight. Mr. Cliogman, according to his own private state- | ment, did hit Mr Stanly on the last night of the | seseion, and threatened to cowhide him, as Henry A. Wise did, for calling him a liar. These gen- alemen are both from the old North State; whigs | of different geripes Stanly is national, Clingman sectional. Both are clever in their ways, separate and apart, but they cannot coalesce; like ; and fire, there is a blow up when the contact. v ‘ Wasuninoton, March 5, 1851 The next Presidency— Southern amd Northern Feel- ing, §c. Congrees adjourned without having made a Pre- sidential candidate on the whig side of the House It is pretty evident, however, that while General Scott is favored by that portion of the Northern whigs who incline to the higher law, President Fillmore is the decided favorite of the Southern whigs, and the Northern compromise men,or silver greys, Whatever run (seneral Scott might make with the people, the politicians, if the case is ever submitted to a national whig convention, will smother him and his candidacy under the two- thirds rule. | have not seen one Southern whig who expressed a preference tor General Scott—not one who was not perfectly satistied to vote for Mil- lard Fillmore Gen. Sem Houston is a decided favorite of some of the New Encland Sta (after Woodbury,) but the fact that he is popular with the free sotlers, deprives him of the uve of th democratic party ma- chinery, though there are Southera ultras who are by no means oppored to his nomination. They are under the impression tha m, if elected, would stand by the South, wh ree oilers of the North declare that they are stied to take him, because he was alwaye a sonent of Calhoun, and will not, ¥ Case ¢ the nullifiers. Jol Senton has declared that if Sam were nominated, he shouid support the nomiaation, which he is ua- willing to do in many ca: Col. Berton, how- ever, Will not himeelt be a candidate urred last evening at A very egreeable scen @ party given by Mr Board. Gen. Seott and G invited gues nd fer the fi since bis retura from Mexico Governor, who entered ino a oe ke to the old riendly conversa. ow the better part of th were toasted, company. Gov. He said he the X's; and the were very neat the wise (Y's). The thing pissed off a very hap- mot. Seott looked as content as the Duke of Malborough, who never lost a battle, either ia the field or on paper Some of the Southern ultras have left here with very amicable and generous feriings towards their Northern brethren and the Uaion, and there is every pre t of a better time coming Even the members from South Carolina have \eft many re- ets behind. Believe me when | tell youth tthe inion inetine ¢ powerful than a!l the nul- |, and that, ou fond dw crur, s are Capital Americans. Let us put down fanaticism in the North, and nullitica- tion will die of its own accord S) Wasminerox, March 3, 1951. Thongs in Washington—Fancy Ball, §&< Washing'on, always a place of interest and gaicty in winter, has, | am told, beem more than usually 0 this sesson. The near approach of the next Presidential campaign, makes all the political wire Workers busy, and the shortness of the session Causes the gcities of social life to be crowded ia upom eech other as fast a» possible J artived heré on Wednesiny. Everything 1s in full activity. I shall give you, in a day or two, some facts and speculations upon Presidential mat- ters which will interest you. On the night of my | arrival, I was invited to a ball at the Nations] | Hotel, given by the ladies living there, asatated by | it wasa | | the gentlemanly proprietor Mr. Calvert, bmifont affair, and the beat monde was inere in full feather. Distinguished men were there in great numbers. This ball is the last of a series which haa been given, and they are said to have been delightful. [ cannot help noticing Miva A. | 5 , who was bere, as being, | think, the most lovely woman | ever sew Hearing that there was to be a grand favey bali— face so refined and sweet, and so sylph-like a per- son could not exist except in connexion with a soul of @ kindred nature. surrounded during the evening; and | am told she | is original, and, if established, will furnish capital one of the celebrated assemblies which was to be | of Schenectady, was 0 converted into it—1 hastily procured from Mr. with the soft and pouring light, the fine musi¢, the | magnificence of Mhe varied costumes, and the beauty of the women the sight was enchanting. I dare not attempt to give you a description | of what | saw. The brilliancy of the general | effect almost drives away recollecuon of all details. But some I cannocforget. There was the superb and stately Mrs. A., of St. Louis. Mra.C , also of St: Louis, was in perfect Grecian costume; but her beauty, so chaste and womanly, could re- ceive no addition even from her gorgeoys apparel. Mrs. C., ct Washington, was in Turkisi? costume, and with a style of appearance in harmony. She enlized every description of Circassian beauty. Bur nature could add nothing to her beauty, and how could ornament? Miss Judge W., was there as Queen of the Gipsies. W., daughter of A She was completely not only wins, but retains those won. But let me pause to ask, where was the fair lady | had watched with such delight at the National Hotel | ball on the night before?) Where was Miss A 5! | In vain and in vain was she sought for in the throng. She is the acknowledged queen of beauty and attraction. All the foreign represeatatives do homage to this embodiment of American beauty. She formed a striking coatrast to one or two, who, with dancing eyes and suilused faces, seemed to be anxious and ready to make even liule sacrifices of almost any kind, to get the attention of the diplomates. With what a quiet smile Miss A. treads over those who are ambitious to rival her, aud how kindly does she band over to them the uawilling underlings. Miss C, of Philadelphia, is charnlng, by the “divine right” of nature. Madam B Le C. is youthfuland pretty, and was in faultless costume of an Italian peasant girl. She waltzes divinely. Who can equal the French 1n the graces of life? To have seen Madam B. waltzing with Mr. S., son of the Sena‘or, would have disarmed any opponent of the twinkling weltz. By the by, the Polkais well danced here, and in goed taste. Society here will not bear the regular New York “flash” Polka. It | is too affectionate for the prbhie taste . The Misses McW., of Mississippi, 2s flower girls, were pretty. Miss T., ot Virginia, was charming. So | was Miss £ , of Boston, and Miss L., of Pennsyi- vania. There were many whose names I did not hear. Mrs. S., daughter of Gen. S., is a magnifi- cent looking woman, with a brilliant and intel- lectual face. Miss S, another daughter of Gen. S., hes a fine face and loveiy complexion. There were several persons of note whom | had heard were to be there, who were not. A dis- tinguished member of Congress, expected as Ro- meo, did not appear. A young person of talent, who, by way ot joke, intended to come as a young elephant, did net come And where was the mag- nificent Medame de P? ss Several members of the diplometic corps and their femilics, were pointed out tome. The lady of the Spanish Mimster, Madame Calderon, an elegant looking woman, with her two nieces, were there. Sir William Don was there, and some of the ** wall flowers” seemed to bend towards the “live baronet.” The Chevalier F— , with his wife and charming daughter, who looks like a merry Enalieh girl, were there. M. Bodisco, the Russian Minister, was not there. Sir Heury Bal- wer, I em told, was there, but I did not know him. The new Minister of Nicaragua is a fine looking man. TheFrench Minister was there, and so were the Dutch and Prussian. The diplomatic corps received ell proper respect and attention. —__ But I must stop. 1 wish I could do justice to the ball. It was brilliant and successful in the extreme. X. Our Albany Correspondence. Atnany, March 2, 1851. Whipping the Devil arownd the Stump, or a Plan to Evade the Constitution‘in Finishing the Canals --An Onrginal Method to Create a Basis for Banking Capital. An original and siagular proposition to accom- plish the more speedy enlargement of the Erie Canal, and the completion of all the other canals in the State, was submitted to the Legislature, a few days since, by Mr. Silas M. Burroughs, a member of th House from the county of Orleans. He proposes the enactment of a law which shall authorize the treasurer of the State to receive de- posits in money from individuals, yearly, sufficient to complete those public works in the pro- bable course of three or four years, such sums to be expended under the direction of | the Canal Board, and pledging annually a sufficient amount from the surplus earnings 0° | the canals to pay an interest of six per cent | upon the emount so deposited—the principal | of these deposits to be reimbursed, after the pay- ment from the canal revenues of all previous liebilities incurred im the construction of the canals. The bill further proposes that such depositors shall receive certificates from the treasurer, which may be transferable the same as any other scrip. It further provides that the Comptroller be author- ized to receive such certificates of deposit at par, for the sare uses aud purposes ae he 13 now au- thorized to receive the stocks of this State from as- sociations or individuals for the purpose of banking; and upon which to deliver the full amount of scrip certificates in bls to be used for pr g eee. Such are the main featuree ot the bill by which Mr@Burroughs | imagines the canals can be finished ina very few years, and which will also furnish a basis for banking capital under the free system of this State. It will at once be perceived that thie bill, if pass- ed into a law, would conflict with the express pro- | visions of the constitution. In that instrumeat it is positively enacted how fast, and from what funda, | the canals are to be completed. The cons:it has provided for every dollar of the the canals, a certain amount yearly a fund, to pay the interest and redeem the principal of the canal debt—another amount to be appro- priated tothe general fund--other sums for super- intendence, repaire, ete ,—and the remainder, whatever it may be, shail be spent annually upon the unfinniehed lateral, end the enlargement of the Lrie canal For such pnrposes alone are the earn- ings of the canals of this State inviol nd pledged by the constitution, not a dollar ef which can be | diverted therefrom for paying interest on deposits, as contemplaied ia the bill introduced by Mr. Bur- roughs The gentleman who claims the paternity of this 4 professor of radical democracy, and, has of beimg of the Michael Hoflman school. | | porting a med aken a very strange position in regard to the question of cane! policy, and it would seem | that he hes deliberately deverted the ground so | firmly taken by the old Adm ral, in the convention, » relation to the course which the State shouid | pursue in finishing the canals. The democratic | party, either in or out of the Legislature, wiil ne- ver adopt the measure here proposed, unleas they abandon every position which the ve occupied during the last dozen years. t a scheme fraught wich ten fold more danger than the matter proposed by Gov. Hunt, for he boldly wished to tubmit the question directly to the people, for their de ision N @hs imagine that the Le 1» to authorize the pay- it should be thought advie gislature are silly © Tent of six per eent’ rable to borrow obtained at a The premiom which New Yor’ State stocks new bear in foreign mar- kets, conclusively shows that the great eapitali in Hollend or Engiend would readily gram scrip & fourper cent. A saving of two per o would justify o resort to the method recommended by ex Governor Hunt, even if it should be thought prudent to emend the tution to perfect a | “more epeedy enlargement Not content with eCurOe & 8X per cent inte t Mr. idurroughs also proposes dition of some fifteen or twen- ty per cent, by allowing banks to be established vpon a pledge of these certificates. For this scheme, Mr ia certeinly entitled to origi- nelity For many years, the financial officers of the State and the committees of finance in both houses of the Legislature, several of the exeeu- tives, ard numerous bankers in the State, have been “racking theit brains’ to find a basis for banking While all were tes the with- d States stocks, and re- hi securities upon which to found free biaks to necommodate the b ess of the Sta‘e could not be obtained, Mr. Burroughs comes forward with a plan at timple, ample, and convenient. It i# a scheme as ingenious a9 it to fill up the vacuum created by the withdrawal of government and State stocks. This certificate project cannot receive the eanc- tion of the Lepisiature. It is only a method to | upon @ rock, is the goddess Justice, in massive dra- warded the post of chair- man. On Saturday each member of the com- mittee submitted a lengthy and well considered re- port. Mr. Johnson read an argument, showing the importance, in his opinion, of not only keeping on the tolls on the central line, but also of imposiag them on all through freight carried on the Ogdens- burgh road, and on all freight carried on the Erie road, each way, between the village of De- sit, in Delaware county, to the terminus, on the jake shore, as, On those disiances, these roads would compete with the Erie canal, and, if not thus taxed, would materially afleet the revenue of that caval. Mr. J. introduced a bill in accordance with his views. 2 Mr. Senator Mann, also of the committee, pre- sented a voluminous argument, going greatly inte detail, urging the impropriety and uselessness, giving facts and statietics, of abandoning the pre- sentsystem of imposing canal tolls on railroads. His report was drawn up with the accustomed ability of thet careful and prudent Senator. He was for removing the present restriction, believing thet the immense trade which must accumul ite soov, between the far West and the Atlantic coast, would require all the present facilities, and greatly increasea ones. Hedid not desire to cripple the energies of the newly opened roads—the Erie and Ogdensburgh—because, as yet, no evidence had been afiorded that ihe freight transported upon them had in any degree reduced the tolls on, or drawn from the canals any important amouat of legitimate business. r. Schoonmaker, the other member of the com- mittee, also submitted his views on paper. He had consented to the introduction of Mr. Johnson’s bill, reserving ‘o himself the privilege of submitting amendments, the necessity therefor occurred to him during the progress of discussion upon it. His report was of a parital nature, not entering very extensively into the policy of exacting rail- trond tolls. After a few pages of hair splitting, he finally came to the conclusion that the toils should be coptinued on the Albany and Butiulo road, and en Maia emount imposed on the Ogdensbargh road. So it appears that the Legielature have now be fore them a report from each member of the com- mittee, each Cecoai widely from the other—th result of which will be, that no act is likely to pass during the session, When the bili goes to th- Committee of the Whole,and is there discussed, Mr. Mann will exercise all his influence aguinet it, and endeavor to procure a repeal of the law which now exists upon the eubject. Mr. Schoonmiker will undertake so to amend the bill as to exclude the Ene road trom its operations. Mr. Jobnson will oppose the propositions of both these gentlemen; and the consequence will be that no law will this session upon the eubdject, and toe central line will be compelled sorse canal {oils another year. There is great and manifest injuriice in the pre- sent Jaw, and it should either be amended 80 as to include all roads which draw off freight from the Erie canal, or repealed forthwith. 1¢ certainly is unjust and oppressive as it now atands. Wher ca- nal tolls were imposed “a the central line of roada, there wes no Ogdent>urgh road projected or sur- veyed. The Ene roa’ had not then penetrated far among the hills, ;avines, and water courses of the “ Southern tier.” Jt was not then imagined that the iron horse would so soon be seen prancing upon the lake shore, and sending forth his sbriil neighings over the blue waters of Erie. But the time has come when this work is about accom- plshed—when prodece taken from the lake schooners at Dunkirk, at the rising of the sun, will be deposited ou shipboard, Or in stores in the city of New York, before it sinks beneath the wes- tern horizon. Tis |, if any, will be a compe- titor with the people's canal; and in Jess than a twelvemonth there will be borne upon its iron bed, from the lake to the Atlantic, an amount of pro- duce, and vice versa, an amount of merchandise- which will be looked upon with profound amaze- ment. Again, it is urged that the annual increase of trade will furmsh full employment, very sooa, for all the canals and railroads running through the State; that they will all be crowded to their ut- most capacity, and that the cheapness with which freight can be carried on the canal, after the en- largement shall be completed, will prevent any material rivalry from railroads in the transporta- tion of the great staple articles of the country. But if the State shall adhere to the present sy: of enforcing’ those tolls on the central lines, justice tothem demands a similar imposition on the Erie end Ogdensburgh. Notwithstanding the fear that many legislators express, that the canal revenues ight be ests iminished by taking off these ae tolls, and thereby a i r time would elapse before the completion of the canal many sound and discreet minds conaur in the be- lief that It would be a wise policy, in a liberal and enlightened sense, to discontinu® them on the lines now paying, rather than extend the imposition a any others. . The State of New York and the Washington ational Monument. From the Albeny Evening Journal, March 4 | The contribution of this State to the above truly laudable cbject is as creditable to her liberality, as worthy of her fame. It 1s well known that the | Legislature, at its last session, by a unacimous vote, made a gencrous appropriation for the purpose of providing a block of native marble, with suita- ble devices, to be placed in the structure now erect- ing at the national capital to he memory of Wash- ington. This block is of Glens Falis marble, a bewutiful epecinyen of ita kind, and was selected by the sculptor, Palmer, in preference to any other, on account of its purity, and otherwise peculiar edap- tation to his ory although at an expense much reater then that for which other varieties might ave been obtained. Itis of a deep black color and eusceptible of a high polish. The block is four feet six inches in length, by three feet six ia breadth, and fourteen iaches thick, weighing something more than oneton. The base upon which the eculptare work rests, is a prejec- tion eight inches in width, and its surface, from one side ef the block to the other, describes the long- tudimal curvature of an ellipse. Upon this base there stand TO Semage column in low relief, sup- lion thirty-three inches in diame- ter, in which is sculptured, in bas-relief, the arms | of the State, while immediately above, and resting upon the medaliion, is a most iife-like and elabo- rately wrought wreath of laurel, emblematic of her enduring fame. Just above the base, and upon the lower part of the column, is chivelled, deeply be- neath the surface, the simple word ‘*‘ New York.” This appropriate design reflects the highest cre- dit vpon the accomplished artist who originated it, and who hes go faithfully and beautituily carned it into execution. The following ia the description of the Coat of Arms of the State furnished to the sculptor, and as adopted in pursuance of an act entitled “ An act relative to the office of Secretary of this State | authorizing the meking of @ new Great Seal,” and to emend the act entitled “An act concerning Oeths,” passed March 27th, 1809: — A A tising oun; proper reath, a demiglobe and an eagle, prs. proper. figure of Justice on the dtr and ster wide. The Great Beal ot the fcate of New York Leoenr The Arms are represented in the medallion for | the firet time strictly in accordance with this de scription. The Argent, or Shield. central portion, beara upon a the etriper, which are surmounted in a transverse direction by a plate bearing the soul-stirring motto of our State, ** Excelsior; while abo id ia the | distance, is seen the risiog sun. Kestieg directly upon the Shield ia the derm globe, on which is the mayeetac Eagle “ passant et regardamt” that is, walking and looking back. It will be observed by sll who may view this splendid work, that the wings are not Cutspresd hae always been repre- fenied in our Coat of Arme, the artist believing that idea to be inconsistent with the description given in the act above referred to, and henee, he has placed them in @ position more in accordaace with Une possant state. On the dexter side of the shield, calmly seated pery end meditative attitude, her hands restiog upon her lap, while in tne right one is firmly @toeped the sword and balance. She is not, how- ever, represented in the act of weighing, as is usu- ally done—the artist having taken a higher view of Justice, and made her the impersonation of the theught rather than the executor of the deerce the sword and balance being introduced merely emblematic of her office. - On the sinister in an attitude which is the perfect oe freedom, Sat ae draped, her it arm reposing upon the shield, saede ressuany the other goddenn, Liberty. The Ameri leg is grecefully thrown over that por- tion of the shield upon which she leans, thus soft- ening the place of ber repose, while ehe is contid- ingly looking toward Justice as her protectress and guardian, the left hand supporting her charac- teristic emblem, the etaff and cap. The form, arrangement, and groupiog of the se- veral figures in the coat of arms, are exquisitely beautiful, and to be appreciated t be not only reen but studied. And now, while upon this point we cannot forbear to suggest, that as this mate evade the requirements of the constitution, and the measure whi so be viewed, if it should ever come up for discussion. weed i w. Avwany, March 8, 1851 Shall Preght transported om Rarlroads, be subject to the Payment of Canal Tolls? From the cormmencement of the present session of the Legislature to this time, @ constant stream of petitions has been flowing isto both branches, upon the subject of equalizing tolle on railroads. By common consent the eubject was left to a select commuttee of the Senate, of which Mr. Johnson, piece of art is about to be removed from our dere, it would seem to be the dictate not only of wisdom, but of sound policy, to prererve this design in rome enduring form, and to adit it as the only faithful embodiment of the original desen» tion, and the only true likeness of the great eval of tl rate. The marble upon which this work has been chiseled ia very hard ond brittle, rendering it a most arduous end difficult task to bring it out in i's preeent etate of perfection. [t will go to adorn the monument of Washington, and to be itself an imperishable monument of the genius and skill of the master moulded I well as of the eratitude and ion of the people that willed mu | the public money” i | ready eteted, a surplus of ~. , 10 THE Ps BLIC The New York Herald, of the 24h inst » contains the findings and ence of the naval court mir- tial by which | have been recently tried, at the Washington Navy Yard. The promulgation of that extraordinary sentence, under the apparent sanction of the Secretary of the Navy, without affording me time for au appeal to the Chief Magistrate, forces me to the necessity of laying this brief review of the tindings and sentence of the court before you. ’Tis true 1 ave been tried by a court of peers, and itis equally t ue that, by that court, | was pronounced * not guiliy” of aby act constituting crime or « fience against law or morais; and yet a majority* of that court, afier virtually finding me not guilty, have pronounced a sentence against me, the like of which cannot find @ parallel in the annals of naval trials. The find- ings of the court, wherever imputin, guilt, are in opposition to the evidence before the court; and the sentence, too, is repugnant to the findings. Bat thi not the auspicious moment to expose the combinations by which the catastrophe was brought about. In due time you shall have the truth, the whole truth, and nothing but the truth, from a source which none can question, and all will acquiesce in. This strange and unaccouateble finding and sen- tence of the court-martial has struck every legal mind 48 contradictory, und 1 affirm is not support- ed by evidence, by facts, or by law. The public will seek in vain for any principle of justice upon which those who voted in the affirmative cau look to sustain their cruel eentence. after their verdict of ‘not guilty of fraud against th States ;” ** not guilty of attlemptng frau guilty of deceit ;” ** not guilty ef fa gpily of malice ;” and, notwithstanding these true ndings of not guiltly—this acquittal of everything that constituted crime-in every case—the court pissed a sentence which, for severity, is unequailed in the history of our navy. The court, ha \ h the * malwm in re,” it is difficult to find upon what grounds it ponent any sentence, but more cs- jecially a tine, which, if there were sufficient grounds for, properly belonged to a jury, and not to a court-martial. Among the findings of guilty by the court, is that hood ; ** not | g thus divested the charges of | nobody has questioned), to order an expenditure, out-and-out, of 4 large amount of the military con- tribution fund coilected by the army to be hu- manely orpued to the relief of sick or distressed coldiers, But my motive is impugaed by the Court’s sentence for extending relief to a portion of my suffering couatrymen! aad it ig upoa the folaly charged impure motive that { have been sentenced; for nowhere in the finding of the Court is the violation of any law imputed to me. There is but one imparuel Judge of motives—that im- partial Judge whose all-seeing eye penctrates into the deepest recesses of all human hearts. Here follows my order to Purser Joseph Wilson, of the Ist of November, 1848. which the court, or a mojority of the court, at Jeast, has strangely con- strued as emanating from sordid motives for spe- culation and private gaine; and this, too, in the face of the evidence of even more than two or three witnesses, whose characters are unimpeach- ed and unimnpeachable—witnesses uninflaenced by feur or affection, because free and independent citizens:— Frac Sar Omo, : Monrensy Bay. Nov. 1, 1848. § Bix.—There being an unexpended balance of several theusand dollars of the military wer contribution fund, collected at Mazatlan, by the squadron, during the late wer with Mexico, over and above every legitimate claim which [ can now foresee as likely to arise ageinst a2 ‘old regious are greatly nd operations for want of silver circulating medium, you will. on your at- rival at San Francisco, exchange 0 much of the afore- said tund se may then be in your hands for uncoined gold. et the ovrrent market price; which gold you will hold subject to my further ordors. Very respect- fully, &o.. your obedient servi THOS APC J United 8*ates Naval Porovs, Pacific oo Purser Joseph Wilson, U. 8 ship Lexington, This order sets forth the true mouve of the ‘ant, |, Commander-in- Chief, | writer for what he designed doing, and what | was subsequently done under that order. | Mi of oppression, in not delivering @ leave of absence — to Lieut Stanly, whe, it was proved, and by his own tectimney. too, Was six thousand miles from me when the letter was received! or, to use Lieut. Stanly’s own language before the court, was dis- taut “seventy or eigh'y days’ sail !"—guilty of suf- fering $12,718 48, a portion of the military contri- bution fund, to remain in the hands of H. W. Greene, purser, when the court had before it the act of Congress, approved 3d of March, 1849, cover- ing Purser Greene’s claim—guilty of ** transferrin, $10,643 09 of the same fund from the charge an custody of one ED. Reynolds, a purser in tae navy of the United States, to one Joseph Wilson, a pureer in the said navy, with the inteat that the said sum should be more conveniently subject to the orders of him, the said Captain Jones, for his own private uses, adventures, and gains.” ‘The evidence of the two pursers above named, when before the court as witnesses on the part of the pro- secution, proves the hitherto unquestioned control of acommander of a squadron to be as absolute overthe funds in the hands of one purser a3 ano- ther. To justly the court’s finding on this point, teal of collusion between the accused and Purser ilson was indispensable. No insinuation of such collusion was uttered anywhere. - In point of fact, if the security of the public funds was at all affected by the transter from Edward D. Reynolds to Purser Wilson, it was rendered more secure by the transfer, inasmuch as Mr. Reynolds held the fund as a special agent of my own crea- tion, to disburse by my orders ; and as euch special agent, Puracr Reynolds’ sureties might not be re- sponsible for any disbursements made under my sanction; whereas, es soon as the transfer was made to Purser Wilgon, he and his sureties became responsible for any improper use cf the money, al- though it might be by order of the commodore. The foregoing 18 a fair sample of the evidence throughout on which I have been sentenced. 1 am found guilty of not taking the necessary steps to pay over the unexpended balance of military con- tributions in my hands; when I proved to the court that I had actually paid it over, before I received the order to take the necessary steps for so doing! And, what is strangest cf all, a fine of $6,250 1a 1m- sed—for what? Not as a penalty for violated jaw; not to reimburse the United States for an! mone}s claimed of me, because there was no suc! claim before the court; not fora failure to pay over any prefits arising from the exchange of coin for gold dust, because no such claims or demands ever have been made of me by any officer of the treasury or navy departments! To this hour the accounting officers of the treasury have not claimed of me, nor, eo faras! know, reported any account showing my indebtedness of one single cent to the United States. On the contrary, whenever a fair liquidation of my accounts, long since submitted to the navy department, shall be eutered into, it will appear that on the Ist day of February, 1551, the day the sentence of the court wag me up, there was a balance of several hundred doiiars jus:ly due me. And yet this court-martial, with all these facts before it, substantiated by the most incontroverti- ble evidence, have, by a postscript to their proceed. ings, added to a sentence of five years’ suspension, that ofe fine equivalent to $6,250, “from a conside- ration (as the postscript saya) of the fa before it, touching the profits made by him from the improperand unauthorized use of the public mo- ney.” Improper and unauthorized use! &c. How unauthorized! Why improper? Was it improper to relieve a distressed community of suffering im- migrant citizens, to whose wants and interests my particular attention was called by the executive officers of the government, wher that act of chari- ty could be done without risk, and, as is clearly proved, without the loss of one cent to the go- vernment ? Jn vain may you seek for an index to any trans gresved law. Nowhere in the finding of the court is the law, alleged to be violated, cited, or referred to. No, the “improper and unauthorized use of he imagined offence. What public money ? funds from th blic treasury ? funds —— by Congress for any other ob- ject? Certainly not ; but a portion of the military war contribution fund, toward which the late Se- cretary of the Treasury, the Hon. R. J. Watker, holds the following language :— ‘These duties can only be collected as a military con tribution, through the agenoy of our brave officers of the army and navy. who will doubt cheerfully and falthiully eoliect and keep these mone: for them. not to the treasury, but to retary of War or of the Navy, respectively. In reference to the same fund the Hon. J. Y. Mason, Secretary of the Navy, in bis instructions to commanders of equadrons, directing them to collect military contributions from the enemy, id acon (the orders for collecting military contribu. no authority from tae Treasury Depart- bas no control over the subject. How, then, was the temporary employmeat of a rion ef the military contribution fund, so col- ected, used for the relief of @ distressed communi- He ““unauthorized 1” As commander-in-chiet of the Paciie ejuadron, under whose command that surplus fund was collected, my authority was fall, | free, and unrestrained, to apply it to any object of a public nature my judgment might dictate. No other authority was needed, no other authority ex- ioted, over that jon_of the fund, anterior to the sesage of the law ot March 3, 1849, which it will pe borne in mind was enacted four monti date of my order of the firat of November, 1848, di- recting the coin to be put in circulation for the par- pose therein expressed. Two members of the court martial needed no evidence on these points. Commodores and , during the war with Mexico, both collected and expended, as did the commanding generals in Mexico, military con- tributions; and the accounting officers of the gov- ernment have not gone bebind the orders of there commanders to look for cer ny | forsuch expend’ tures. Had I no authoritys for the exercise of such discretionary powers? It may be een by the or- ders under which that fund was collected, its dis- bursement was left entirely tothe discretion of the commending officer, whether of the army er navy, under whose immediate orders it was ao collected. With the termination of the war terminated the liection of contributions in Mexico. No new could thereafter spring up against thie fand. The surplus might undoubtedly be applied to the payment of any outstanding claims yo on the military and naval occupations of the Mexican ports during the war. Under this rule some $37,000 were, by my own me applied to the indem- nifieation and removal three hundred Lower Californians to Monterey, who had, by their ad- herence to the cause of the United States, duri the war with Mexico, compromitted their lives an their prope! 4 For this “ unauthorized” act I re- every true Americen a tances. But, ‘da of the eurplus fund, there livable to any par- ind which required an act of Con- greee to pase it into the Treasury. Sach was the state of the military contribution fund under my control when the equadron arrived in Upper Cali i, in October, 1848. The wer woe now over, end there wae, as al- the fund still on hand, inapplicable to any war putpose for which it had been collecte: nd, as it was not public money within the control of the Treasury Department, my euthority to epply it temporarily for the relief of distreased Amencan citizens, was not forbidden by any law, bul was as full and per ect as was the authority of a general officer ia Mexico (which The oath preseribed No evi- dence has beer produced to the court to disprove the declared scarcity of com in California at the date of the order just read, and for several months after—r. e., unt! March of the following year; whilat the positive testimony of the identical Joseph Wilson, rser of the Lexington, of Mr. Parkin, 2dee Pratt, . Pettet, Commanders Johnston and Siribling,(as ebown by the recorded teatimony before the court, ] and all other witnesses examined on that point, es- ablished beyond cuvii not only the great ecarcity of oin in all California, but that great embarrassment to commerce and trede inevery branch—nay, actual distrees—was experienced from the insufficiency of a legal tender to pay duties;at the custom house, from which source alone the starving immigrants to California could receive their daily bre: Of these facts, material to my justification, L think the court must be perfectly eatisfied: “The military contribution fund was put in circulation at the time of the greatest need, and it was withdrawa and remitted in gold dust to the treasurer of the mint in Philadelphia, as soon as the necessities of the community were releived, (by the importation of coin in the first mail steamer, which arrived at San Francisco on the 23th day of February, en end at the same time | shipped the uncoined gol. by the Dale, (14th of March. of the same year.) If private gain had been my object or motive for ex- changing the silver coin for uncoined gold, I might have employed the coin 1 nm Francisco so a3 to have yieldea me, as Mr. ‘in testifies, from one to five hundred per cent in six months.” (See the testimony of T. O. Larkin and R. M. Price, Esq.) Believe me, then, when [ tell you, as the finding of the court tells you, I am not guilty of any offence against law, against regulation, nor against the in- terest of the community, whose servantI am. I did not make an “improper” nor an “unauthorized” use of the small unappropriated balance of the mih- tary contribution fund, over which I was invested with absolute power, when I temporarily put it in circulation for the relief of a suffering community; and when that necessity was relieved, I restored you your own, cent per cent, 1n money go as was expended. J have not defrauded: you; I have not attempted to defraud you; I have concealed naught from you; naught have I set down in malice against any man; and yet | stand sentenced to five years’ suepension, and a fine of $6,260. Well may it be asked, for which of my good acts am I thus sen- tenced? for in vain may the records of the court be searched for evidence to support the contradictory findings and senteace, as published. I have greatly exceeded the limits contemplated when I commenced this hasty appeal; but ii I had eaid lees I could have pening: ‘he record of the court, and the true history of the trausaction, tun through a thousand pages. As eoon as practi- cable, a legal review of the court’s findings and sentence will be laid before you. Inthe meantime, T only ark a suspension of opinion until the subject can be fairly presented to the President, who, it is believed, has not yet, under the pressure of other busines, had time to review the proceedings. Tuos Ar. C. Jones, U. 8. Navy. Wasuineton, February 25, 1851. ‘The Fugitive Slave Bill. The followwg circular has been ddressed by Judge Jucgon to the United States Commissioners ‘or the District of Connecticut :— To THR USITED STATES COMMISSIONERS, APPOINTED BY THE CIRCUIT © ‘T OF THE UNITED STATES, YOR THE SECOND CIRCUIT, WITUIN AND POR THE DISTRICT OF CONNECTICUT: Gentiemen—The fourth article of the constitution a 81 tal two following pro- person mn, felony, or other from justice, and be fo on demand of the executive authority of th m which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. > mn held to serviee or labor in one Btate, thereof, escaping into another, eball, in consequence of any Jaw or regulation therein, be diseharge ym such rerviee or laber, but shall be delivered up, on claim of the party to wom such ser- vice or labor ye due.’ These two important provisions of the constitution were pay mb @ Btates in convention, and adopted by the States and they involved duties and obii,atio is to be performed. They are not idle words nor unmeaning enactments. The first branch of the article provides for the surrender of criminals to those States having power to punish for the ot committed, and is intended to promote public justice. The second branch provides tor the restoration of fugitives from servic is intended to promote and secure private rights private perty. these are eseentia! objects of law. society can. not exist without their protectio Now, let us suppose that Connecticut should deem it for the best to pypteet offenders against the |. ws of other States, and refuse to back fugitives fro justice robibitory an awe mn by our Goy would any sober man think of euch » What would the civilized world judge of our legisia- tion’ All would pronoun: infraction o {the con- stitution. and our legislators would be deemed cipators in crime ae well as violators of ¢!-ar su’ pable covatitutional provisions, How would ourciti- eens appear to the people of the other states in the Union. combined and a: against the restoration of fugitives trem justice’ Those who deem the constitu- tion worthlers may anewerthe question. Here, then, is the second branch cf the fourth article and Connec- tiout hes, by her solemn vote in convention, adepted and egreed to fulfil thet in like manner, The act bas been recorded, end stands forth asa perpetuel ob! to rertore fugitives from service. as well 0 obligatioa interest in PY it, wi of the constitu Never, priveiple of morals as weil a dy corporete. owing an obligation or duty other, cannot of themseives o: | the obligati dircharge the duty. This obligation is plai on cor State im all ite original fores, unabated by time or ciroumetances. Can any retlecting desire to tre Connecticut placing herrelf im the attitude of hos- tility to the conetitution, or her citixens inthe iy tion of forcible reristance to the lawsof the U: ? Hefore theee steps are taken, the cost should be cow a. Nallifieation and treasen may be fellow travellers, but the journey would be a! Having classed these two tion an import be executed o new who framed th: aiter the orga o uniting in t artiol storation of fugitives from jurtice and fugitives fri ferviee—providing the meane of restoration, in each case Fugitives from justice were to be surrendered on application to the Governor, and fugitives from service were to be delivered up by a Judge of @ Cireuit or Dis trict Court of the United States, or by any magistrate of ity, or town corporate, where theseizure the eet of 1703, andin- quire what officers were entrusted with the power ot executing that aet. I bave already stated that fugi- justion were to be surrendered by the Gor: tate. A Governor is not @ court—there is no jedleial power entirely executive, fugitives from service. # judge out of court posrenses rity, When bi clerk. rei attached But euch it not the power given by the act of 1793; it ia to the judge. and not to the court. Then comes the following designations of officers to ect in the eurrender of fugitives from service :— Magis- tretes of a county, city, or town corporate. Who are there? Btat ages of the county ‘men, and towns of these have, or can porsess, ony cor} Judicial power or authority, they arein court, with their clerk. recor and reals. The autho. rity t* not given to them virtue of their commirzion or out of court, What was the Notjudi- etal. but exeentive and thet testimony is to be heard, given pres i fugitive trom justice. 1s in surrel . leo with rheriffs, fs bp dep ie ¥ 9. rat executive officers; hey Bene facts “magistrates of counties, cit! ‘This law was carried into ‘effect by thee “ State ma- ‘ates,’ until the Btate legi«latora, becoming wisor than thore who made the coastitution, eled prohi- bitory laws forbidding their State magistrates from the Gischarge of their duties under a iaw of Uo claiming es the ground of such legislation, thar tes were nct bound to furnish officers to execute the laws ot Congress pended.by the sree states, a follows Thus the law of 1/3 wes ia effect suse To remedy this evil, the wor Sept 18, 1560, was enacted, whiod ts entitled as “ An’ act to amend, and supplementary go, entitled av kot respecting sugitives from jus- @ persone escaping trom the nervice of thar Approved Feb 12, 1793.’ This emendatory act authorizes the enlergemen' he number of United States Commiscioners, nad presoribes Ubelr cuties im regard to fugitives from service aud iubdor For tbis, the Jaw bes been araniled as uuconstitutions], and consti apology for addressing you the presem: com~ wupication The constitutionality of the act of 1793, and the act of 1860, bas been, in other respects, x9 amply shown, that I donot purpore bere, to say a sipgie word om that subject. My reamarks will apply to the powers conferred on the commissioners by iby act of 1860. The 33d section of the act of Congress passed Bop- tember 24th. 176, (see Statutes at Large, vol 1, page 91.) is the foundation of the eppointment of commis- sione re: fall their duties. Lt is understood thet this act drawn by ths late distinguished Oliver Eilaworth, oar Senator in the tirst Voagress, and the fret Chief Justice of the United Btates, On readiog wetion, y Connecticut lawyer will see the strong resemblance it bears to the Conaecticat tice, in thore matters, Oifendere against the to be brought before “any Justice or Judge United States, or before uny Justice of tho Peace or other mugistrate. of avy of the United States,” for ex- amination, and they were to holt to bail, commit for trial or dircharge. na the nature of the case might re- quire There was no final juriediction in any of those cases, the inquiry was only prelimiasry. In ths courae Of a tow years. it was ascertuined thas there State ma- gistrates and justices of the peace, kuew little of the jaws of Congress; and on the 20th of February, 1912, Congress passed anact authorizing the Ciroult Court to appoint United States commissioners “to take ac- knovledgments of bail end affidavits” Tnose com- missioners being eo created, hela perfons accuses’ of crimes to bail. performing the duties before given to Btute magistrates and justices of the prace. Was a change of name of the officers, but the duty was the same. This act not being as aprcificas thy law of 1789, on the 23d of August. 1642 Congress passed an acti entitled “an act further supplementary to an ect enticed an aot to establi-h the Fadtotat courts of the United Btates, passed the 2ith of eptember, "be first section of which is im these words, viz : % are or hereafter may be appointed by the Cirouit Courts of the United Sta to take scksowledgmente of bail end affidavits, an also to take depositions of witnesses in civil cause, shell and may exercise all the powers that any justice of the peace Or other mugistrute of any of the United Btaten may now exercise in respect fo offenders for apy crime or offence against the United States, by arresting, imprivoning. or bailing the same, under ‘and by virtue of the 334 section ofthe act ofthe 24th of Beptermber, 1789, and who shall and may exercise ell the powers that any judge or justice of the peace may exerc’ inder and in virtue of the 6t& section of the pame of final hg pa ‘frere bad an act Giving effect nd foreign governmen: Gelivering up of certain offenders. tatutes at Large, Vol. 6, page 302. By this act, commissioners are eutborized to hear those oases, and transmit the teeti- mony to the Secret of Btate at Washington, thate Warrant of extredition may be issued by him to re- move the person charged. to the country where the oxime was committed, for trial. ‘Then comes the at of 1860, g these eame comminsioners the power on = faim ot su still avother act to which refer 184) prehension and the owner of a fugitive trom service, te arrent, inquire into the case, and on Sous the Alleged, to issae a certificate and returi to the Btate from whence he aped. Then what the laws of that State’ Evory person so returned, may there take bis case tos court and jury, try the merits, to aecertain the fect of his being a slave. Net only that. but the officer ans ney is ebl: to try ajury. If not 1d he goes free. Bo it The legal objection rateed against the power of ocmmissioners under the act of 1550, w: ‘be equally consistent ifurged against the power of those ‘oleate und the other acts here quoted; and yot not s lisp hes ever been heard against such power. ‘ Under those acts hat 3 hear complaints—they grant warrants of errest—they Lold to bail—they commit to priron for trial before a court and jury having final jurisdiction. Perrone not a few, have beev sent to forelye countries upon the preliminary proceedings of these United Brates comiuissioners, there to be tried en the merits of the cause, and no, voice over this broad Union was ever heard againet that yee Bi jonth can elapse on the Governor of not called upon for a warrant of ex- tradition of persons to other States for trial there, and this passe: it objection. But now, when these ecmmieeio about to carry into effect vieion of the constitution, tne ory of filegality a conrtitutionality is beard from the same voioes repudiate the constitution itself. They tell that these commissioners are Srraaus by the Circuit Court—th: = are judicial officers—exercising ju: nd t der the coi en they would have bee declared courte of record, farniaed with « seal such. with a clerk to record their procusdings. The members of Congress of that day ‘aid not consider the service of those officers of such character as required the proceedings to be betore a court of record. They knew what the constitution meant, and framed the law of 1795 to suit the provisiors of the constitution. We are to understand that the law of 1795 is not re- pealed—It is now in full force; and it any Btate o@esrs named In that act, will hold jurisdiction of cause, It will be, and now al for uim to dono. Theact of 1850 adds to and amends that act, but d 4 All these acts proceed o: branebes of the for eimilar im their cution laws of ai In both claes of not final ‘There is no Btate in this Union, where any m. the State, ean be holden be ti d not & Ail The open, ut all ties, to try the rights of freedom © of that sort are of frequent occurrence Balome Muller was contested betore the co! Orleans, and resulted in her freedom. Stould murtioner be #6 unfortunate as to issue a certificate of extradition, ard the negro should be removed to the State of Virginin, this certifoate is never concindve, but the claim for freedom there could be inatantly brovght before # court of inquiry, at the public cost, ard bis freedom pronounced. There is one immaterial oe between che In bare concn but this fromm. eh properly consideres, canact produce any it. The ohject was to enlarge the facilities for prose outing there oi me manner and for the that the number of commisioners were ged. We must look at the servic eide ircm the nature of that service, | itis ja- diciat or not. A certificate issued in term time i* to have the seme effect, and none other. as « certificnte ineved by m judge when out of court # commissioner, and this certificate, on ite face, wad js oply to remove the person claimed from tion of this Btate to another, | question of rig! courte of thet are oftem called upon to discharge other duties be- tides there of & politicnl character. Should the ob- Jections now considered prevail, then neither the Se- eretary of State nor the Governor could hereafter irtue their warrants of extradition aken this occasion to ex- of my belief that the Is nt ve been selected for your ability, integrity, and legel seience. You have beem elected for your eacred reverence of the constitution and the rights of persons under that constitution mey he brought before you, and I entertain th» fullest confidenoe that these trusts will be safe in your hands, Your obedient servant, Canrenouny Feb 11 1861, ANDREW T, JUDBON. 1B Trion oy Two Ne@aors at. Nasnvitux, Trns.—A despatch from Nashville, Tenn, under date of February 21, says:—To-day the city was crowded with visitere, to witness the execution of the slave Henry, convicted of killing two white men in the streets of Franklin; Mosea, for killing his master in Sumner county. ‘he testi- mony that convicted these men was strong and conclusive, though circumstantial. About ten thousand persons were present. The sheriff, his three deputies, and a Catholic clergym: rein w with the culprits; and a guard ot m teers eurroun ded ibe vehicle which conveyed them te the seaffold hen on the scaffold, the Sesestiorst hq whsen he ottsed thet far nepaeeaeas in wi ated that the uni prisoners hed received Lan and Pe etern ich was He also declared thats the Catholic faith, they still persisted 'Y were innocent, and he firmly believed they were so. thes sent Prayer the rope adjusted my wht a. aanua ho ir ey lenry d they were sheddi 5 lessee | blood: wt fe other said, it he ever killed & man her § A drawn over t! it. After cove: Tope, and they were ee i