The New York Herald Newspaper, August 21, 1852, Page 3

© Whe National Pu: Power. OPINION ON THE PARDONING PO’ OP THR VRsI- DENT, IN THR CAcK OF MASSKS DRAYTON AND SAYERS. » — a hg 1797, ¢! fobcpem » that auy person * day nego ot otber ware ** or who shall counsel, iy OF #0, or t so,'chall’ eater doush 'so-aten. Tae pontebe has since been coun ged co imprisonment, for & not loss thun seven, wor moro than twenty Fourteen years luter, by the act of 1751, bee al 4, section 10, it was p staan that “— oe entice and persuade apy slave ay aad who shall aot fer, owner, OF overseer, oon’ . by evafession or verdict of & jury, upon an indictmové or information; shall for- feit and psy the full value of such stave, to the mas- ter or owner of suoh slive. to be levied by execution on the chattels, lvods, or tenements, of the offender, and in case of inability to pay the same, shall suffer ono year’s imprisonment without bail or ise. later, by the act o! 1796. chapter 67, section 19, “the transporting of any slave or person, held to service” from the State. was made # distinct of- fence, for which the offender was made liable in an action of 8, fil a'se by indietmont. Hy the act.of Congress. organizing the District of Columbia, (Fob. 27, 1301.) it was declared that “tho Jews of the Stsie of Maryland, as thoy now oxiat, shall bo, and continue tu fores, in that part of the sa‘d District, which was ceded by that State to the United States, and by them aocopted as afure- said.” Under this pro these ancient laws of are to this duy of tull force in the District of Columbia. Mesers. Draysen, & Sayra, on indictment and wore uitted; the jury rendering a verdict of *‘not guilty.” Resort was thon bad to the statute XIX. And be it enacted ‘ha: noy person or who shell hereafter be convicted of giving & pass t» , by advioo. donation or loaa oro herwiso, the trans. of any elave. or nny person belt to service, from eater oF owner of ibe service of his , OF person hold to service, for every suck offence» the party aggrieved Suck offender or offenders. and such offeuder or offenders, sleasieats bo lieble, upon indic ment aud convictioa upon ve cot County Court where such off-nee shall happen, be fined Bum not exceeding two handred doilars. at the diseretion of such siave, the other balf +o the county school, in case there bo avy, if no such rcnool to the use of the hero (9 iv the Attorney for the District of Columbia, against these ies, in seventy-fuur different indictments, ““traneperting” of a single slave. On conviction, Drayton was sontenced ou each indictment to a fine inthe sum total to $11,392 26 On conviction, wes sontenced on each indictment to a fiao of ‘he sum total to $5,686 12. One half of tho fines ‘was, according to the law, to the use of the masters to the county school, or, incase there bo no such school, to the use of the county. Afterwards, on “prayed in commitment,” and committed until the fine end costs are paid. Yn parsuanco of this son- mn inthe city of Waxhington from April, q and sre still in prison, unable, from poverty, the power of the President to pardon them, so at lesst as to reliove thom from their imprisonaient. from the nature of the reutence If it were simply @ sentenco of imprisonment, his power would be un- Piweomen, with fine snperadded, payable to the nited Stetes, his power vould be bp arpa d u trial, under the aot of 1737, fur stealing slaves, of 1796, ch. 67, sect 19. 14 follows: — #leve, or pereon held to -«rview, or shail be found t+ . or by any other uptawful m deprivi Bhall recover damages ja x" action oa the case ogainst or otherwise. io this State, inany of the Court. one half to thy use of the master or owaer Under this statute, eoeseninge were institu each indictwont being founded on the alied, d of $140, and costs, in each care $19 49, amounting Se: 100, and costs, in each caxo $17 35, amountin, or owners of the slaves tranyported; the other half motion ofthe Attorney for the District, they wore seems end on this motion, they have been detained to BY, these large fines The question now arises as The peculiar embarrassment in this caso arises ble. also, if it wero a sentence of im- and the seme power would extend to tho case of a fine payable to the United States, with imprison- ment aa the alternative or non-payment of the fine. Bat in the present cas», the imprisonment is the alternative for non-payment of fives, which are not payable to the United Srarca, but to other partios, vis: tho slave owners and the evunty. It is impor- tant, however, to hear in mind. that those fines are mere donation to these parties. and mot a compen- sation for services rendered. ‘Tnose parties were not informors, nor were the proveedings in tho nature of a gut tam action. It should bo distinctly understood, at the outset, that the proceedings against, Drayton and Sayrs were not at the suit of any informer or private individual, but at the prosecution of the United States by in- dictment. They are, theret removed from the authority of the Engli-b os-«s, which protect th: shere of an informer after juizment from remission, by. pacsen. from the crown Lhe power of the Pressiont in tho preont caso may be regerded, first, in t ‘ht of the common saws; secondly, under the «ta'utes of Maryland, and thirdly, under the constitution of the United + tates. First —As to the comm. luw, it may bo doubt ful, whether, according to early authorities, th- pardoning power cap be need 40 as to bar or divest any logal interest, benefit, o* advantage, veated in aprivato individual. I: is broadly stated by English writers, that it cannot be so used, (2 Haw- kics, p. ¢. 892, cap. 37, see Ot: 17 Vino’s Abridge- mont ; 89 Prerogative of Nist IL. art 7). But this principle does not scen to >. sustained by practical cases in the United Stat: copt in the instances of informers and gut farm 1». While, on one ecca- tion, in a loeding ease in \cntucky, it was rejected. Routt vs. Flemster, 7,1) Morshall, But it is clearly establisiei that, wh allotted to 2 public body, o a public office, for a ublic purpose, it may be remitted by a pardon. This may be illustrated by sererul cases. 1.—As when, in Pennsylvania, the fine wat for the caro of tho county. {» this case, the court said, “Until the money is collected and paid into the treasury, the utional right of ike Governor to pardon the oif-ader, and admit tho fine orforfeiture, remaius in ful free They can have no more vested interest in the money than the commonwealth, under the sane cirounstances, would have had ; and it cannot | doubted that, until the money reaches the treasury. the Gevernor bas the power to remit. In the ise of costs, private per- sons are interested in them buat as to finos aad for- feitures, thoy are impose uson principles of public policy. Tho latter, thers fie, aro under the exelu- sive control of the Goversor.”” Commonwealth vs. Denniston, 9; Watts, 112 The samo poiut is also illustrated by a case on Indiana; Holliday vs. the people; 5 Gilman, 214, 2! : 2.—As whore, in Georgix, the fine was to be paid to an inferior court, for county purposes. Jolns v3. Georgia, 1 Kelly, 606, 610 3.—As whore, in South ¢ be paid to the Commissioners of Public Baildings, for public purposes The “ste ve Simpson, 1 ley, 578. Or the Commissiners of Public Roads, tho State vs. Williams | Nort ve. Jord, 26. Seo also Rowe va. State, 2 Ruy. 555 According to these suworittes, the gids of the fine allotted to the eoun'y, er tothe school, may oremitted. OF this thore can be no doubt. Secondly.—Tho statnies of Maryland, anterior to tho organization of the 0:-¢rict of Columbia, may also be regarded as av independent source of light on this quostion, eines these statutes have been maée the law of the disinet Aad hero the con- clusion seems to be easy. By the constitution of Maryland, adopted 14th August, 1776, it was de: {—*-The Govorndr may grant reprioves or pardows, tor any erime, except in such eases where the lnw shail otherwise direct.’ Notwithstanding theee strong vords of grant, whieh seem to be #8 broad a+ the common law, it was further deciaved, as if tv e all doubt, by th 0, fe 1782, (« 2.) “that the Governor, be advice of the ', be authorized to re mit the whole, or any } f wne fae, penalty, o forfeitures, beretofore + or hereafter to be im posed, in eny court of | Here is no exeeptioa or limitation of any ty express words, th Governor is authorize: mit the whole or any part of any fine. Of cou der this elanse, he ewn- not remit a private det re may remit avy fine ‘The question is not wh the fine be payable to the United States or . bat whether it is a fi Tf ithe a five is in the powor of the Governor This view isetrengiioned hy the circumstance that, in Maryland, according to the sevoral statutes, fines wert allotted to parties other than the govera- ment. The very statute of 1796, under which these proceedings were bad, was paszed sitbtequont to this provition respesting the remission of fines. Tt guna be interproted in barmooy with the earlior statute; and agsince all © statutes are now the law of the District of Columbin, the power of tho Prest- dent, under theue laws, nit, these flocs, seem established without spoote! reference to the com: mon law or to the constiturion of the Uvited States. If this were not the ese, tero different hardshi would cneue; first, the etatate of 1732 would re despoiled of its-natural officaer; and, secondly, the mivor offence of transport a single re would bo punishable, on con piyment of ne, with imprigonment for ji ‘le the aigher offence of stealing a slave is p with imprivoament for a specific term, ani ¢ offence of enticing jaratine, the five was to fits vue aH hee z law cnn abridge the powers of the excwutive t © + cote toterfere Ww pardon ia suet ibe exercise of this pawer by the poutine Guas-ene a is ry aco) oft 7, we authority yariaoent, lopetiealy ecourreds, ed el I tapent, bw obligatory force bas somes questioned.” » afier i i? a => mm. Ol tution, vel ii, sec. 1,504 It has been desided by the claborare arguueut, thas the So wetary of the Trea- sury bas sathovity, ander the Remission Act ef the od erm ey jaderthe revenue or afier a final sentence of —— for the penalty. paid over to the Collector Permission extends to the shares of the f ty to which the offioe of the customs lod, as well as to the interest of the United States.” In Oring Moaieinn iw this case, Mr. Justice Joba- on, of Svath Carolina, made use of | uch in point. ‘Merey and jastioe,” bave boen administered by halves, have burried causes to the one haf of the denies, 5 pad ong or the euiene nd ae mi ates ve. Morris, beaten, A case has cocurred in K ~~ are cati ; and then clang to ence has been strendy made, in which it is confdent- | Purdy, is ® minor er of the sew, running ly and broadly ancutned that the pardoning power Cander the Constitution) extends even to the penal- ties due to inform the folle ving pws = in the opinion of t ourt:—"" The wet of 182 wayo that any proaccuting attorney, whe shall prosec: any to: collected The net gives the prosecuting attorney ove fourth of the money when collected, but veet him with no interest in the Geeor sentence Sepa rate and distinct from that of the commonmentth, that would sercen his share from the effect of any | ai th legal operation which should, before collection, ab- rogate the whole ora partof it. It would require language of the strongest end most exploit characte until the money is: for distribution ; mated fo irfeitare neon to couviction aader it, shall be entitled | which, per cent of the amount of such fine as challbe | bor of Ot Joho, situated at the mouth of Cranies Suurer. ‘The Bay of Fandy. This bay, whioh at the prosoat moment is causing sfterwards much oxeitement in the public mind, ie an im- quveremien' meneo arm of tho sea, extouding in e northeast di- reotion two hundred miles. the Straits of Northumboriand, Tho mein branch of hick penotrates to wishin ton or twelve miles of frigato Lower Cove landed at eed’s Point, gvard of honor from the Regimeat, and waited ou by members of the provincial t and other leading gontlemen of the Pa Teeadey morning, Commsodore P. morning, - parle by evo of his flcers, Captain, Adams an tee, aremnig” to hoad-quarters bis to Colonel Murray, ‘the peas and separating | trator of the government. The Commodore returned Nova Scotia from Now Brunswick. An eastern | to town on Thursday morning. In the efvornoon his brauch enters the Basin of Minas, and coanccts with _ the Shabenacedie river, which bes its rise in a lake of that namo, situated about fifteen miles from Hali- . 1797, cep 361, * to remit e forfeiture or | fax, and at both of those termini the tide rises be- any time, | twoon sixty and seventy feot. At the mouth of the Bay of Fundy, between ety and Gity miles wido, ite southwest boundary ° | being formed by Passamaqueddy bey, into which the Seboodie river empties, degided by tho Commis- sloyers te be the 8+. Croix, meant by the treaty of | display was limited, yot the affair did great credit 1783; at the mouth of which are the islands of Campo Bello, opposite Eastport, an island of about contempt of the | five miles in length, belonging to the United States, bul which was eooupied by the Brivish duriog tho aot wer Oo the eastern side of the entrance of the Bane rallol with st, which is called St Mary's Bay, and which extends (o within a mile or two of Anuapolis basin, which connects with tho former, by west is called Digby (ot, evidentiy furmed by somo convulsion o nature whack was effected, opposite t the distance of ewelve leagues, is tho 3 er St. Jobo, (he upper portion of whieh, since the Ashbur- too treaty, forms for a considerable distaace the boundary of the United States. Brior Islaud, noar which aa American vorsel was recently dutained, is optrance of St. Mary's bay. On the eoutn side of the Bay of Fundy is a o tinuous 3 of mountains, of cousideruble elo ton, extending to Cape Blemidon, whero, in tho to authorize a presumption that the Legidature ia | spring of the year particularly, abuudance of the tended to confer any such right presume an intention to coutrol the Governor’ s con: stitutiona! power to remit floes and forfeitures. I he can, in thie way, be restrained im the exercise of his power to remit, for the fourth of a se can he bo from the half or the q@hoie. Tow rt of his prerogative cannot be curtailed. ith the exception of the. case of treason, his wer to rewit sand forfeitures, grant roprieves Bnd pardons, is unlimited, illimitable and uncoutrol lable. It has no bounds bat hisown discretion It is no doubt politic and properfor the Logisla sure to incite prosecuting attorneys and | I. i ing them e portion of fines when collected 0 doing, the citizen cannot be debarred of bis right of Sppeal te executive clemency.” Routt vs Flem- ster, 70. J.Marsball, 182, According to these authoritics, it seems reasons ble to infer, that, under the constitution of the United States, the perdoning power, which is cls yr applicable to the offence of ** transport slaves out of the district, might remit the in question. These penalties, though the owners and the county, when final are neither more nor less than the emt. der sentence of @ criminal court for an offence of which the partice stand convicted upon indictment. They can be collected and socquitted only by the United States. No process for this purpose ix at the command of tke slave owner. He bud no coa- trol whatever over the prosecution, at any stage, nor did it proceed at his suggestion or information. The very stutute, under Which tiese public pro- ceedings were instituted, in the name of the United | Si States, eecured to the slave owner his private ao- tion on the case for damages—thus separating the public from the private interests, These, it svoms the duty oftho President to keep separate, oxcept on the final collection and distribution of the pons! ties Public policy and the ends of justice require that the punishment for a criminal offence should, in every cuse, bo exclusively subject to tac supreme pardoning power, witnout eee upon the will of any private person. An obvious case will illus- trate this Suppose, intie case of Drayton & Sayrs, it should be aXertained beyond doubt that the con- viction was procured by perjury. If, by vir- tue of the judgment, the slave owners have an interest in the imprisonment of these men, which cannot Le touched, then the pri- souers, uneble to meot these heavy liabilities, must continue in perpetual imprisonment, or owe their relenze to the dent of private good will Tho President, notwithetanding iis bone icent power to pardon, under the constitution, will b: powerless te remedy thie evil. Butsucha stato of things would be monstrou: d any interpretation of the consti- tution is monstrous, which ties his hands, Mercy and justice would bo merely by balves; but, owing to th ity of prisoners, frou poverty, to pay the other haif ef the fine, they would be entirely sted The power of pard mhich is attached constitution, to offen be the duty of a good § ction, how much moro true & it the duty of a G@ President to extend the field of bis clemency least, no small doubt chould deter him fi rat ollows :~- 1. By the English common law, the coste and one halt of tbe fines may be remitted. It is not cer- this law, as adopted in the United other hulf of the fines may not also be 2 of the District, the Governor, and, of course, the Under the statutes of Maryland, now the law ident, may rozmit “the whole or any partofany ”’ without exception and according to spirit, the pardoning power of the President is co-extensive with the power to punish, except in tho soliiary ease of im- peachment. Several courses are open to the President in the Present case. . I @ genera! pardon, he may dicharge Drayton and Sayrs from prison, and remit ail the fines and costs for which they sre detained Such a pardon would effectually opernte unquestionably upon tho imprisonment ead upor the costs, and also to the balfof the fines due to the county. It would be for the courts @ proper application, and in the ex cise of their just powers, to restrainit, if the pardon did net eperate upon the other moiety. Among the opinions of the Attorney General is a erse which illustrates this point. In 1624, one Joshua Wingold, prayed for « credit, in the sot: ment of his accounts, for his proportion of a fine incurred by one P. Varney. It appoared that suit wes instituted by the petitioner, as Collector of tl District of Beth, Maine; on which judgment waz obtained in May, 1809; the defendant was arrested and committed to jail, u r execution on that judgment; and the fino efterwards remitted by the President The petitioner contended that the Pre- sident had no constitutional or legal power to remit his proportion of the fire, the right to which hai é n of the suit. On th ssary to expr his ; ry President, being whelly inopera:ive, as to that por lion of the fine claimed by t or, bis leral fe the question, so.as to divert any oxisting it can do 06 wrong. Why should the Presidout Lesiiato to exer. cise it? By limited pardon the Pro charge Drayton and Soyrs simply « from their imprieonment, without touching pecuniary liability; but leaving them still oxposed to proceeding-for all fines and costs, to be satistiod of any property they may horoaftor acquire. If tha imprisonment had been a speeific part of the sentence; as if they had bocn sontonced to one year’s imprisonment, avd a fine of $100—bayond ail question they might be discharged, by pardons from this imprisonment. But where the imprisonment, as in the present caso, is not a spocific part of the sentence, but simply an attornative, in the nature of | a remedy, to secure the payment of tho fiae, the power of tho Prosident cannot bo less than in the former case, So far ag all private parties are concerned, the imprizonment is mere matcer of romedy, which can be discharged, without divesting tho beneficiarios of any rights; and, since imprisonment for debt has been abolished, itis rensonablo, under the eiroum- stances, that this peculiar remedy, should be dis- cbarged. ‘a Lf By another form of limited pardon, tho Pre- sident may discharge Drayton and Sayrs from their imprisooment, aleo from all fices aod costa in a slave is punishable ‘tieo lorger than thas for transporting a sluvc ») now payment there- of, imprisonment for 0 oly ‘ Phirdiy —Eook av th» der the constitution of, tho United States By the conatitution rant reprieves and y ” Ginttea Btates, ox According to # famiiv single specified ox v of the President appli pressin contin exclins one of bis opinions « Gee pba rviaatigg pv il ae cident has power “to jondes against the 1 impssehment,’* uterprotaiion, the inves the power Johereeem, Bee. Me Gorrioa, in eral, reco gates which the United States bave en interest, without touching the righte of other parties. ‘This would set them at liberty, bat would leave them expored to proceedings at tho instigation of th Sen ¢ the ‘transported slaves,” if any o “te wlll wnother form of pardon, reference | become ® common m: We could never | hoest umethysts, agate, ond other miserals, are to be pueoured at cow tide, which are detached from the cli by the rains and thawing of sprio; About twenty tmfles beyond this cape, the wators of the Bay of Pandy evtor the 4 Croix aud Avon rivers, the tide wi jo with such rapidity as to be tormed a ** boar,” sweeping before it everythiog in ie =. The exme may be said of the Memrom- cook aad Potticodsal, on the opposite side of tho main branoh, overturning any unfortanate vessel that may bave tehon the growad in euch @ manuor as to pre- sont her broadside to the advancing and towerin; wave. The north shore of the Bey of Fundy is cquelly preeipitews with the other; and in all tho cotuntios alluded to, toere are immense mud banks, formed by the sediment whioh che retizing tide has posited, and extending upwards of half a mile from each shore. Where the tide rises to #0 great » height as has been stated, it necessarily runs wits much velocity; ently the permission granted to American UL y ties | fish crea, to follow their eccupation beyond three d to | wiles from the shore, is almost entirely nagatory, as it fs impossible to anchor anywhere Near tue centre of the bay, with any probabiiity of the anchor kold- ing, and the Gieh feeding ‘nthe vicinity of the shore, and more especially ia the bays and inlets, in which is newally te be obtained. Resides the cod (shory, which might be carried on in the Bay of Panday, for a distance of forty or fifty miles from its entrance, to much advantage, were tho inhabitants of the province less Mort, there is the garpercau, the catch of which in the harbor of cbd alone, tometimes amounts to 20,000 bar- rels during the season—tie berring, which is to be caught every month in the year, and the shad, whieh there exceeds in tiavor aud weight those met ith on any part of the American evast, from Cape Fear to tho Mirimichi river, on the northoastern coast of New Brunswick. Je may net | t appoarance ia Albe t of North Carolina, . , and other ing to 100°000 barrels unne worth onan average fi maven dork which be oy and until ta of May Those wh! body of nod in the ‘ Coposited ng the Pettico tleo th. ae bay, o vase rome dial and Memrctace) eastern brauch towards tue Shube they reac’ tate of port on the shadwort and shrimp, which ere fon entered by a par whieh the Verve: is emapt gainet ao ndvers nd, are 2 Fide til! the eure Tec hed, a short t; while on the north ception of the barborof &t J her wereely avy shelter, s that would con and uncertain spring and extown, § ment that vessels ure got bis dangerous day. w adee tense su. us r was consicered in denger. His physicians erdored him to pe, but Lis health, instead of improving there, became much and on bis Parie, some dexs since, no hope was enti return to tained of his recove ware of the lungs having been ided tot i mala Vow men, cot £ 7 position public charactors, have becm more fore the public than Count d’Orsay, and fow mon in bis position have shown greater accowplisbmente. Count é ot morely a man of fashion, he was a fi wable writer In Lon don, somo of bis productions as a psinter and a sculptor excited t iwiration of even the most eminent profes ce arts; and bis contribu. tions to tho ood both imagiantioa and judg Le count beenme ae- Napoleon, aud soon in Freuce ho fixed in Parts Ho was spoken of diplomatic office, for whick ulified, but the Priece Prosident m for a post, for which bis peculiar ned taste co eminently qualified tod finally talomen H wi io ort end science, In Pi hac only a vast studio, but whoever knocked at hie door ia the nar of misfortune, or for the aid aad enconragemont of pregress, Was sure te roeet with au afte reception and to fecvive cordial co-operation. Pufore the 24 ated efforts for a policy of a different course, and of the highest rations; after the 2i of cember no mun exerted binself more to avrut stroke of proscription Pierre Dapont kao hiv, and can certify it The President of the republic had not # more devoted and sincere friend then Count @Oray, and it isat a moment when the Mriace had attached him to his person, by the title and functions of Superintendent of tae Beaux Arts, thut he has lost him forever loss for the arts and for artists; but it is a stilt » irreparable loss for the cause of truth, and for the President of the Republic; for pataces hare only the door of adversity.--of frieudehip, which 1 adversity what lightning is to thuuder. In jueticeequal justive all—the justice of w death bolds the seales—counts days when it « not measure gifts. Alfred d'Oreay was too highly giftel—n warm heart aod elevated od, & pare tmate, antique beanty, athletic strength, tmeomys rnble address in all the exercises of the body, insoe testible aptitude in all the arts to whieh be applic: bimself—crasing, painting. eoulptare— Alfred 1° wey had too muny gifts for bis days) ut to be pery! moniouely reck Desth has been inexer but it bas been ju It has not allowed him be Tt bas not taken hus; i may made to the Maryland statase of 1732, ur ‘eh the Governor is authorized ‘to remit the weme, OF any pert of aay fino,” without say ©& on therefrom ; and this power, now vested ia the. vent, may be mado the oxproas ground for the rem ston of all Gnes aud costs due from Dray- bas choren him. Taw Cpa Riore —Jac' & suit aeainet the Mayor a | $0.00 damages Aleix b city of Mer ‘ onl ; mre sould | Oraad Manan, bold by tho British; also that of | of December, nobody made greater or more reiter | |" This is aairreparable | two doors open to truth— the door of friendehip, aed ‘ the Administrator of the Government, the he Attorney General, and the Hon. Provin- cial Scoretary, came down from Fredoricion, aud wore ontertained et dinner by Couimodoro Porry, on board the Mississippi. In the mountime, to provo the a goad feeling that existed in this city towards our Western noighbors, arrangements wore made by leading gontlomon ia the city WA i up a ball and supper et the St. John Hotel, on the occasion of tho first visit of an Ameri- can steam frigate to St. John. “ Although tho time for making preparations for this to all concernod. We are indebted to our contempo- sey a 2veeman for tho following particulars of 1e Yad On Thursday ovening, the citizens of St. John en- tertaincd Commodore Perry and the officers of tho Mississippi at a ball and supper, at the St. John Ho- tel. Sevora) members of tho Executive, Lieut. Col. Murray, SA dauiniatrator of the Government,) and tho officers df the 72d, several of whom came down from Fredericton for the purpose, the officers of oth- er corps, the British naval officers now in port, the beads of nearly all the depurtinents, and a large number of our most respectable citizens, were pros- ent. Beauty and fashion wore thero in ail their bril- lianey, and the scone presented by the crowded bali room was such as is not often witnessed auywhero. ‘The oompany was vory large, sad the roows very much crowded, yet dancing waskept up with an un- usual degree of spirit during the waole evening. Tho room was tastefully hung with flags, end side f; side hung tho sturs and stripes andthe union jeck.” Tho splendid baud of the 72u came down, specially, from Fredericton, aad their boautiful music added much to the pleasure of the evening. A cold collation was gorved in the supper room, in Scommmeli’s usual good style. Captain Beor, Kk. N.,an_ old naval officer, was called to the chair, and several toasts were given—tho Quecn, tho President of the United States, &o. The CuarRMAN proposed the Army and Navy of the United States, in a seaman’s blunt style. “Tho Hnglish navy had won laurels, and,by battles fought and won in overy sea, bad proved their courage and bravery. With tho navy of the United States they bad also fought, and they found thom, too, men of «quai courage and noble opponents. He then briedy expressed # hope that the two navies would ever be united in maintaining the freedom of the seas snd the honor of their fugs inviolate. Commodoro Parny briofy returned thanks, and propoad—The Prosperity of St. John, from whose citizens they had exporionced kindacss thut would never be forgotten issippi and her officers wero noxt given, and the coast was drunk in a bumpor. v Ce Apans, of the Mississippi, returned thanks. The Army and Navy of Great Britain. Lieutenant Colonel Murray responded, aud pro- poscd—The Prosperity of the Province. ft. Bayard, Esq. responded. Many other toasts were given and responded to; Lat the speeches were all very short, consisting in every instance of some plainly spoken beartfolt com- plitsents—allusions to the mission of the Mississippi, und the pending controversy, and wishes for its ami- cable adjustoert One speaker expressed his betief that on the return of the Mississippi, the true state would be reported, and whon stripped of «Xoggeration and misstatement, the people and o- vermment of the United States leerned what really ed boon the course pursned, tho feelings of irrits- ad atonee subside, and misunderstoudings This drow loud app'suse from the i Tho ecotpany soon ro- whoro danciog was kept up until nearly four o’eiool: in the morn pre Perry and some ot his party ieft wt ar rhour. Host feelings were ovirced or ali jans vied ia atteation to y oxpressod their sense of and their b tt turb ibe frien two ceuut would ce officers of th turned “ re ft war ay oLheg, it mos elle ¢ micucderstandicgs, seons from ux Jeekwoa (Mis6.) Su greatly injused the crops heen Star says that the recent im that aeige te) Theacon saya that the weather in dt and quite favorable for cotton, 4 , ccopa in Georgia were never in a moro Jitlom snd (hoa that axe harvested are all wished, (Mier) Conrier bas tho most giowing frowlng crops from el! sections of that enter is d this your with am bas the decp green tint of vay worm bas made its appearance on the Missis. I Kee rivers aud already rovorel valuable cotton troyed aid to be very good. The yt and the quality good. Pols 6 ‘The wheat crop Las been He citeum- mamount, the bey orop is gatlrer lug, crop In all parts of Alabama !s reported ax katly good. crop @ Gr leer trea the Alounta No, 8.0, in, 60 fer, as'we promising fall, it wil probably bo aby rat melon @ crop of vorihwestern Loui dans is excclien', © coutinves yropittogs, abundant crops } comm and cotton will be the result of the sum. epel tf the sem mer'e xenéria rine o La, Democrat says, “The gonuine oa. idi Tie dawage they will do must be 4 by coming wenther, if fur, runshiney, wll tbe well af we beave aresertng rains the erop cf che ork wld be a very sort owe.” ‘ Intell gencer 78. * Bp peated 6 Adam © bloom, and the boils « pent pear ver better. both on and of Ronuoke ard Academtes, of (he Truvtees of the Ohio Uni- od thy Uresdeney aad De, Com Natura detenerr, and tte Presideut Kontecky, was selected to fill bis s fo Khcomingtow College Tudiane “ tru Reward of Springfield, succeeds to tae heiret Neturad Sel nees ; and ew James F. Uivia, of roy, wae cheered Urimeipal ef the Pr.paratory Do ariuewt. ® pert whieh Kev, 0. M Spencer Las filted fur mon the Fevern Mai wy (bet President Bheidon aad Pro. te heely end Lootaly have lendered the re-ignation f (heir Peepeetive ates im Waterville cotlege ; ihe fur- our te toke effeet at the expiration of six months, snd a two lat or nt three jenry P. appen of the University of iow York, we Preident of the Mictigan University at » Arbor ev. Henry P. Tappan of New York otty, wes om Thara- » leotee Preident of the University of Michigan. by Peard of Regeais whe bare reoratiy boon la sexton wm thie oily. De Tappan we ome of the tipest scholars in + county A women @ a at Deve Colleges ap 1) le Onder teed that the ht Lowtence sad Atlante oly for par ret pe eemert train to run 1 meth end Cemcer f i wl Bowh va Weanamney afterao Arvo Judionvs or importent The board commenced thoir proceedin tho pctouns conviction (Bet & nations Military cademy, organized in tho best manner and con- uoted on just principles, must be of the very high- est value to the United States. It is conseived chet tho period is dietant when the paasious of individuals shell be subdued toe porfoct humanity, aad the sun- Ditions and often unecrupulous rivmiry of nadons bball be diverted into the vlevated of generous and honorable competition in tedustrial aad othor pursuits. Wer must, therefore, coutinue to be prectised ; and the science and art which guides ite arms to the surest aud speodtiost rosulus, while in- volving in their study the usea and acquaintenses with sll the exact scienoca and mony of tho arts, should be thorougbly instructed. To ouit such in- struction would be to pluce this confederacy far in rear of al) the enlightened nations of the world in the scale of importsnce, whioh ig likewise that of self interest and re lability, and the power of self-protection would he greatly impaired. [t may be well supposed that this countey is not so re- mote in geographical position, nor so powerful and so relific of means and applixnces for resistance, a to © oxempt fiom the poxsthility of hostile Invasion, with its Wain of injurious consequences, Tho mili- tia will comstitute the great bulwark of defence; and, sein psat werfare,so again in that of the future, their stroug arms and brave hourta are ample guarvntees against entire subjugation. Hut te oast € them the eecds of military knowledge; un them in tho highest principles of metbodi- i war; (Bimpart to tuem skill, and inspire thom confidence, would serve to ensure aud hasten ese, while often averting porils and always aoa the disgrace which ao frequontiy results from ireeted efforts It may bo useumed that fmpreasions similar to these induced on tne part of Washington the urgent and reposted recowumendationg of the foundation of 6 national military institution The very laet (nub- lished) letter of his life, of tho 12th of December, 1799, dontnined 9 plea in its beat’. Ho dorired such ov semivery to be established on & * respecta- bie and extensive basia;” and he regardod it as ‘am object of primary” importance to the country. As the ferewoll legacy of the fathor of his country, this conception, afterwards embadied inte dureble form, end existing et the present day, aa oruamont and an honor to the conted nai whilo it ie a proud movument to his patriotic forecast, should bo foa- tored and cherished by the American people. The Academy ct West Point waa erected under tho administration of Jefferson; and in its humble beginning was destined to cducate officers solely for the corps of military engiveors. During the war of 1812 its eleves wore distinguished for cnpacity and elcill, and proved theméSolves tho equals at,lonat of their British antagonists. About that poriod the number of ondets was increased and tho course of instruction was enlerged. With the favor of the government and the people, these Lave continued the'y progres (9 ihe present time. Tho army, in I arma of service, are recipionta of bighly edu- d ond accomplished officers. Aud the brauches of knowledge taugbt have become, in their variety end extent, ai! that can ho studied in the term of four years. In consequence of the efficiency, the eeilantry, and the skill of its graduates, displayed more paiticulany in the recent war, the Academy eos atlength to be duly appreciated by ail see of our feliow-citizens. he moment js fuvorsbis to oxtond its usefulnese tothe entire country by enlarging its sphoro of would unqueatienably cnure from increasing Is; from impelling the suerey usiasm of its conductors, of a J, if not genorously compensating, 5 from eddiog all the fuotlittes ot com- dof instruction, by liberal ex- varous improvements be m extending the term of at dclevute the standard of y i ation in m regarding the Military ations! sominary of the ery of mon fitted fi heres of human ectiom and, in ac- ing it with the nation's aff g its noblest euds with tb ufo and faithful resaing entire upon which the institution ea eee with its general t science all the cordanc rept bts te ator wafort ties for certain in- © Acwiomy on the insat 11 the Gopartaments are dis- enditure, nority of law and in- cess of @ military in- tof ell the parts, giv- i nr of action to the give their cordial assent With the view of institnting the most searching scrutiny which the brief period of less than threo weeks would permit, committees were appointed trom the bourd, to each of which a prominent sub- ject, was intrusied. Reports were ronderod, and having been diseussed before the board, and Adop- being amended, they con- rt, and accom- were pretontod = moro readily the dations of tho gh tho reports ttees, and afew not reported on, aro numbered as follows :— two additional a the Senators, stitute tho body of y it in the orc and accepted attention, the board, to b: of the comm grouped togethe L.--It ie rece ¢ thoiized, to corres gtwo for eech Btate. 2—That the pay of the cadete bo increased $420 amonth, or making $2520 per month, which was granted previ to the smocnt at pres- ent is insuffi nt, ($24). Near are involved in i i ia which th In order to attrac y all who graduste © practice here system onomy That the pey of the superintendent be in- creased frow $2.000 to $3,000 ~The cutertainement of Cistinguiehed ma i otherwise, from abroad and in d And for the credit of it muet be and is perintendent has in some 1g stationed at this post, ex- his pay. ructors of drawing and ith that of tha principals borue. seven years, since bein, expended $9,000 4—Tiat tt Preach, be e in etber departme th tg There is no distinction ents re sent should exist 7—That sil the secondary instracters and terch- ore tekon frow eermy, bo allowed ten dullars pe: month extra expenses of dress aud board much greeter here than eleewhere in gorvioes but the ially foreibie reavon is to indave tho bighe of fitness and merit for the army for Fer vioo f There is no motive to seek this posi- tion. Itisa burdensome one, wnd virtually their end the dutics more ardavas and best officers are often chosen to commisanries, or adjutant ; and bo quartermeste now with extra compensation, which thoy would not consent to relioquish unless remunerated, 4—That the fenzing master be allowed the pay of $900 per sonar Re toronily inetructed bat one clase; now two 8 are taught, aud tho duties required are quite severe and too poorly repaid. —Tbat a riding hall be erectad for the exereiso truction of the cadets in winter ; $2,000 have iy been appro expended ; $12.00 more are required, avd if alu the building may be completed ia w ‘bat permanent stables be built for the of tbe ligh’ artillery and those used in toach- alry drill & double eet of horses be allowed; ono r the artillery. the otbor for the cavalry exercises. yeven used habitually in harper are nol suited to wddie; end the double duty required of them bere ur fit them altogether fur many of tho mancu wee of cavalry. 12 —That the dwelling of the professors be on- larged to meet the demande of iccrearing fansilies ; a etudy ce be ereoted for each pro- Joining bis quurtere four or ce additional haildings be fo ’ or use f the officers whe now occupy the cud: (’ barracks, ond for ovhers, suould inccewwd here rogoat will be required But, excepting the inetenerors of 1, professors, or assistwota, should, have quarters separate feom the at cavalry taction bo Introduced among enue ho manmanaslel alt to coms of 15 —Thnt the period of instruction be extenied to bve peace A _ study of logic be dispensed with, and that ancient end medera history, wcw, yaelegy, aod the ‘ovideneee oe with the incroased corm, wherf or dock shuuld be bailt ew belonging to the United States. The fee mer ove ie broses up, or has sunk. There bes ab bere @ wef bere until quito recoutly, to fa- ate landwg from atoambouts. Tho officers ioved here should uot be forced to the inoer- venience of riding from the post vo reach the #toemer, nor be eu! to the possible caprices of wate ownersol e wharf, Chere is overy reason te, fy the recommendation, and Lol 4 single plaasi- bie ove in opposition 1%—That another officer of dragoon should be @ationed hore, to m tie dutics of the preseas riding-master, whoeo services could be dispensed th. The objection is by 06 means persoual to the at the bosid are of the opinion one of our own officers can teach equally well with an inetructer from any other couutry In concluding Choir report, the Board of Visiters take great pleasure in expreasing their high sonse of diranguished courtesies which ali the officers ord wt Weat Poict have publicly aud pe nee uniformly bestowed om thom duriag thobr init. ‘Tho Loard reapectfully request of the Hoa. Ssere- tary of War that bo wili transmit choir ropert, ko , to Congress in @ soparate communication, im order to secure their boing printed a» « distinct pub- MoT er etek fully submitted. of | is olfully aubmi . M. ria Hammonn, of 3. C, 4 83 i | A Preai Bourd of Visitors. Jorn Eastman,N H. Cannn Mas Jud. LU. Denaro, Ve. J.T. Woxrniweron, Ba. Ai kis Caswats, Ie I, J}. dacnson, Nod J P Comroys, Del WL Gogarm, Va. W. Won, Ky. 1. 3. Pera, Tenn Attest—A Carwrt W. L. Wintiaass, Mo. T Panusnny, Ack. W A Howann, slik, M. Gown, Voxss J Cour, Cal, }seo'ys of tho Board. Additions! Items Scum California. Tho Sacramento Journal contains @ oercospon- depos between Governor sigler aud General Mivek- cook in relation to the Iidian diMioultioa in the norite Tho Governor asky (hat protection ahould he a'ford- ed Co (ho citizens in that portion of tho State, and the General auawors thet he shall ostablish the duh Regiment ot U. &. Infantry now on its way to Boai- cia. Until their arrival, be will make no ferther dieposition of hin forces. The Indisns oa Bear river havo beon driving of part of the Chivess whom the suspected of stexling a son of ono of their chicfs. Tho boy was afterwards found. A Grass Valley letter. writer co his opiaion that the product of the quarts mills in Nevade, for the rate months, will roach twolvo millions of A couple of Chinamen stole forty eunces ia dost on the 14th ult., from the Banking House ef Mr. N. Levy, in Sacramento. A party to explore and t the mountetes west from fol Tehainn, would leavo Colusa about tho 20th ult. Tho Indians report gold in that region, but their hostility bas hitherto prevented emall parties from searching fer it. The company which was to start from Colusa wonld bo sufficiently strong to travel through io spite of any hostile op potition. The hedies af Thorss Graham end David Curri who were drowned in ororsing tho river at Ook Epring, were found on the 8th ult The pedestrian Kelly completed the groat Cat of ealking one thousand miles in one thousand conse cutive hours. oo Sunday night, at 10 o'clock. He loft, y dey, with $1,100, the poouniary reward es! foriy days lxbor.— Sacrumenta Uaton, ly U4. THE DURL BETWEEN MPARRS. NUGENT AND COTTER, Trom the San Francisco Trauserip. July 1M] A ducl cane off yosterday, about four miles from . Contra Costa, between Alderman Cotter and Me. Nugent, Editor of tho San Fvancisco Herald. The parties, accompanied by « large number of frienda, went over the bay in the morning. i sais ole tho preliminarics having been arranged, the fi thote were fired without fect. Upon the scoand fire Mr Nugent fell, having reevived the oalt of his adversary in tho log, hove the kave, Notniag further transpired, and the particsreturasd to the city. Mr. Nugeut’s wound ia severe, but nob decmed dangerous. The bone is badly fractured A» our readers will desire to learn some of the particulars covcerning Chis affair, we will detail them briefly-making such comment as we way helieve to be called for. Jt scene that for acmetima past Mr Nugent bag spoken in (orm most derogatory of the mowbere of the Common Council, but more pariioutady om Thureday last, when the following peragtaph ep ed in the Herald :— on Jadge Leake, on Tuceday otrht in the Pon ICN. WAS KO LTR, +O Wanton “0 judolinate, we cannot afford to lot tt pses without other reprehan. sions than the sitent, ccor it m: cane be tne faterpoced as he was bound by an cath to do to prevent froud and villany. the mi-cretle wretches who are biflla@ in its porpetration, dare weg their foul tongues agatuat im. On Monday evening, Alderman Cotter, in hie place in the Council room, noticed the renarke ef the Horgid, ard conmenied quite as severcly apo vem 6¢ did the Herald inthe paragraph quoted. Thee ie the challenge, which Mir. Nugent seut to Mr ‘otter It will not be amiss, inaamnch as this duel form a precedent for the settlement of otter difficul ties in San Francisco, to make a few comments with & view to discourage a too ready resort to the use of fire arms in such casea. Circumstances may occur whero a person won'd be justifiable ia shooting down another Ft stance, where an eyo has heea “gouged out.” or ea ear sevored from the head. in order to disfzure and Gisgrace a person for life Jn euch cases, we hold thag oman,would bo perfectiy justifiable in a resort fire arms, but then we would scarcely go through the formality of a duel. It would be s mocting anda final sevilemeont. But to challenge a party and ateke lifeapon some trivial misunderstanding, is boys’ play , [vin, ia our opinion, no marx of a brave man; neither dues it advance 8 person in the estimation of honorable and high minded citizens. The yxrson accepting a challenge ia differently tituated from the challengiag party. Haman ne ture is such that men will oftentimes fight wh-n they havo no real cause for 69 doing. Cirsnm tae ces may place them ina position whore it meme utterly impossible to avoid a callision without die grsco But, after all, it would be he ter never to secopt a challenge under any ciroumsances. This, however. is a mutter which every maa is left to de cide for hiruself. But wo would hold tho challenging yioe striet acoouvtability. We would urge the enforce ae of laws ageingt such offences, ay rigiily as amy otbor. A p liey like this wonld put a stop to wm prative which every reasonable mac must look upos wee isgust. practice Phich. unless stopped, will grow up this community, and ultimately sacrifices wauy Of ils beat citizens, TOPICS OF THR DAY. Upwerds of @ million.end-o-balf of dollars worth o gold dust (keys the Son Francises Herald of July 16) tof thin clty yerterday. in the eteamer Noriteraee wi tea: counting what the passengers by (bat vowel hed with \bem = There uma. added to what will leave by the + & Lewis, the departure of which Ines n delged aa it to uy, Will probably make. in the oggcegate a° Least two willions of dollars, ‘This is at the rate of ht y miltons at dollera a yeur. but the produce of the gine» during the yerr 1862 will by far execed (nat amow It fy to he fopritted that there is wo way of accertaioing (he eset exports of geld from this port 1t has bea steied that as much f* tukem away by pavsengrry in ihe aveam as appears in the 5. Thisean searcety We #0 thongh large omoauts, we know are tikoo sway fm this mode, It would probably be fafe toeny tua to areey miliicn thst acpears on the steamer: manife-ta, half a million might be added. as (he amount taken Oy pa-sem pers, nr the receat arrivals of vesaets, with Alunilc States. business we are ime There ty stil m soarelty o- «t Although Large soppltcaare ow auda great many veereia are due is mot pre i ik vary materially for rome time we om bring rogreat. The ims how distent when Geliturnia eA be ton erent measuse. independent of foreign suppliee erpcoinl'y the article of flour, Kefore five years record 0. ps arances Colifer nia will be a four expertioc Tepy ar old settlers are turning their atte ogiiculture and itirgencraliy believed that ae mot of the overland immigration will be tillurs of Uae nelt Quartz Mixtxa Orrrations -Tue D invite Evho gives the partion ars of the varios evn mnie cpereting on Jemicson's Oreck. Lhe 76 Quer é Company havo bad their machivery at work the past weelr, cightcen etampers, but hove © menced washing. The Ronyh and Reedy Querts Compony are getting out quartz, and wit have their machinery in operation inabont (re weeks The Eurcka Mining Company are working ‘helt Ayastres, and with go . ‘& Go WUE be ire At!t penn tion wrkh pd machinery ia abyre teow da ete y are gebiog OF6 rook, cir machinery (a operates quarts with the Martin Schult: their etampors The Mawmoih O ead will shortly have At Send Dili Californ' yf Athens ed prit county, Ohte