The New York Herald Newspaper, August 21, 1852, Page 5

eee —— © The National Purdoming Power. OPINION ON THE PARDONING POWER OF THR Y'RESI- DENT, IN THE CAcK OF MBSSKS. DRAYTON AND SAYRS. tho laws of Maryland, 1737, e' 2 section 4, ibis provided that auy person “ ehall steal any or other e'avo.” ** or who shall counsel, hire, aid, abet, or command eny person or persons to do so, shall suffer death a* a felon. The punish- mont has since been changed co imprisonment, for a term not loss than seven, uor moro than twenty years. Fourteen eee lator, by the act of 1751, chi JA, section 10, it was provided that “if any peroee, shall entice and persuade any slave within ig provinco te run uway, wad who shall socnally Tunaway from the waster, owner, or overseer, & be convicted thereof, by cvufession or verdict of a jury, nan indictinovi or information; shall for- ‘feit Lat pay the fall velue of such slave, to the mas- ter or owner of such shive. to be levied by execution on » Chattels, lauds, or tenements, of the offender, and in case of inubility to pay the game, shall suber ono year’s imprisonment without bail or later, by the act o! 1796. chapter 67, section 19, “the tranaporting of any slavo or person, held to gervice” from the State. was made a distinct of- fence, for which the offender was made liable in an action of 8, Aud a's» by indictmont. By the act o! Cong <4. organizing the District of Columbia, (eb. 27, £801.) it was declared that “the lews of the Stute of Maryland, as thoy now exiat, shall bo, end continue in forea, in that part of the sa‘d District, which was cerded by that State to the United States, and by them aocopted as afore- said.” Under this provision theso ancient laws of Maryland sre to this duy of 1ull force in the District of Columbia. : Messrs. Drayton & Sayrs, on indictment and trial, under the aot of (737, fur stealing slaves, wore paresiens the jury rendering a verdict of ** not ty.”? Resort was thon bad to the statute of 1796, ch. 67, sect 19, 3 follows: — ‘XIX. And be it enaoted ‘har acy person or persons, who shell horeafter be convicted of giving a pass to aleve, or percon hold to s«rvies. or shall be found t) . by acvieo. donation or loan. or o-herwiso, the trans- poping of any elave, or nny person bel? to service, from se, or by any oiher uptawful means depriving ter or owner of tbe service of his slave, or parson hold to service, for every such ofenes the party aggrieved shall recover damages ju a0 action oa the case against Such offender or offenders. and such offender or offenders, else shall be liable, upon indic’ ment aud conviction upon Yordiot, confession or otherwise, ia this State, inany County Court where such off-noee shall hxppen, be fined sum not exceeding two hundred doilars, at the discretion of the Court. one half to the use of the master or owner of such siave, the other balf to the couuty school, in case ‘there bo any, if no such rcnoot to the use of the county, Under this statute, proceedings were instituted by the Attornsy for the District of Columbia, against these , im seventy-fuar different indictments, cach indictment being founded on the alledged “‘traneperting” of a single slave. On conviction, Drayton was sontenced ou each indictment to a fine of $140, and costs, in each case $19 49, amounting inthe sum total to $11,392 26 On conviction, Seyrs wes sontenced on each indictment to a fino of bi }, and costs, in cach case $17 33, amounting in the sum total to $8,686 12. One half of the fines ‘was, according to the law, to the use of tho masters or owners of the slaves tranxported; the other half to the county school, or, incase there be no such schoot, to the use of the county. Aflerwaris, on motion ofthe Attorney for the District, they wore “prayed in commitment,” and committed until the fine end costs are paid. Yn parsuanco of this son- tenoe, and on this motion, they have been detained in m inthe city of Washington from April, X and are still in prison, unable, from poverty, to PY, these large fines The question now arises as to the power of tho President to pardon them, #0 at lesst a€ to relieve thom from their imprisonuient. The peculiar embarrassment in this caso arises from the nature of the reutence If it were simply a sentence of peennaet his powor would be un- questionable. also, if it wero a sentence of im- ment, with fine snpsradded, payable to the nited States, his power vould be unquestionable; and the seme power would extend to tho case of a fine payable to the United States, with imprison- ment ea tho alternative or non-payment of the fine. But in the present cass, the imprisonment is the alternative for non-payment of fines, which are not payable to the United Starce, but to other partios, vis: tho slave owners and the county. It is impor- tant, however, to bear in mind. that those fines are mero donation to these parties. and mot a compen- sation for services rendered. ‘nese purties were not informors, nor were the proveedings in the nature of a qui tam action. It should be 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 ia- dictment. They are, t moved from the authority of the Engli-b which protect th: there of an informer afier juizment from remission, by parden from the crown The power of the Presi may be regerded, first, in the tight of the common jaws ; secondly, under the utes of Mursland, and thirdly, under the constitution of the United * tates. First —As to the comms Iuw, it may bo < ful, whether, according to early authoriti pardoning power cap be vsed 0 as to bar or divest: any logal interest, benefit, ov advantage, veated in a private individual. I: is broadly stated by English writers, that it caosot be so used, (2 Haw- kivs, p.¢. 392, cap. 37, see 3: 17 Vino’s Abridge- ment ; 39 Prerogative of Kins IL. art 7). But this Principle does not scem to ». sustained by practical cases in the United States, oxcopt in the instances of informers and gut tan . while, on ons ecca- sion, in a loading ease in Kontucky, it was rojocted. Routt vs. Flemster, 7,1. J Morshall, 132). But it is clearly establisivi that, whore fino is allotted tos public body, o- a public office, for a Re purpose, it may be remitted by a pardon. his may be illustrated by sorerul cases. 1.—As when, in Pennsyivavia, the fino wa? for the caro of tho county q ease, the court said, “Until the money is collected and peid into the treasury, the cons'i‘utional right of tke Governor to pardon the oiler, aud admit tho fine orforfeiture, remains infull free They can have no more vested interest in the money than tho commonwealth, under the sane cirounstances, would have had ; and it cannoi |)» doubted that, until the money reaches the treasury. the Governor has the power to remit. In the ore of costs, private per- gongs are interested in thei. but as to finos and for- feitures, thoy are impose: uvon principles of public policy. Tho latter, ther: fe, aro under the exclu- sive control of the Govoraor.” Commonwealth vs. Denniston, 9; Watts, 112 The samo point is also illustrated by a case 1 Indiana; Holliday vs. the people; 5 Gilman, 214, 217 xf 2 —As whore, in Georgin, the fine was to be paid to an inferior court, for county purposes. Johns va. Georgia, 1 Kelty, 606, 610 8.—As whore, in South Caroline, tho five was to be paid to the Comm rs of Public Baildings, for public purposes The % ite vs Simpson, 1 Bai- ley, 378. Or the Commissioners of Public Roads, tho State vs. Williams | Nort ve, MeUord, 20. Seo also Rowe va. State, 2 Kay, 555 i According to these nu'norities, tho portion of the fine allotted to the evun'y tothe school, may e remitted. OF this thore can be no doubt Secondly.—Tho statics ot Maryland, anterior to tho organization of the W)-'rict of Colambia, may also be regarded as au iniependent source of light on this quostion, eines these statutes have been mace the law of the dis:rwt Aud here the eon- clusion seems to be easy. By the constitution of Maryland, adopted Ith August, 1776, it was dectared—* Phe Governdy may grant reprioves or pardusu, for any erime, except ia such ensee where the inw snail otherwise direct,’ Notwithstanding theee erro is of grant, which seem to be #8 broad a+ the mon law, it was declared, as if to remove all doubt, by th fa 1782, (« 1.) “that the Governor, the advice of the ', bo authorized to re wat in tho present caso mit the whole, or any } f ane flae, penalty, o forfeitures, heretofore + ot hereafter to be im posed, in eny court of Hore is no exeeptiva or limitation of any ko By express words, th Governor is authorize mit the whole or any part of any fine. OF nder this clanse, heesn- not remit a private det ye momy remit avy fine The question is not wb the fine be payable to the United States or 0 stig, but whethor it is a fine. If itbea five, ' isin the powor of the Governor This view isstrenziinened by the ciroumstance that, in Maryland, ig to the eevoral statutes, fines wort allotted te parties ochor than the govern- ment. The very statute of 1795, under which these proceedings were had, was passed sitbsoquont to this provision rospesting tho remission of finos. Tt rmiuat be iatorpreted in harmony with the earlior statute; and agsince all the-e statutes are now the law of the District of Columbia, the power of tho Presi dent, under thege laws, to remit these flacs, seem established without speots! reference to the com- son law or to the constitution of the United States. If this wore not the ease, two diferent hardshi would eneue; first, the tate of 1732 would te despoiled of its-naturul ofioaey; and, secondly, the minor offence of transporting a singto slave would bo punishable, on con peyment of the fine, with imprisonment for jie, while the aigher offence gaslave isp siuble wich impriconmont specific term, anc wher offence of enticing eis punishable efiee larger than thas for transporting a slave ») now payment there~ of, imprisonment for © i y ‘birdly —book at th ier the constitution of, tho United States. By the conatitutior sident has power “to rant reprieves and poo oTenoes against the Jnited Btates, exc tnpreehment.”” According to @ familin uterprotalion, the cingle — specified exc iv iwives the power of the President appli: >! oberon, Be: ii i rs. Me Borrion, sieral recor "eee pha au dantig poll os ‘and torfeitures, under in er! (Opinions o! Story thus romarks:— Bi 756 ‘ia power, Mr Justice ‘Lhe power of remission of fines, feitures, is also ivcluded in it; and may, in the last resort, be exercised by the Executive, althougk it is in many cases, by our las confined to the Treasury Department. No law can abridge the constitu powers of the executive departwent,or interrupt its tight to interfere by pardon in such cases, of the exercise of this power by the P: mitting fines and penalties, in cases not within the scope of the laws, giving authority to the Troasur, ly occurred and thei obligatory force has neverbeen questioned.” (Story, Com. on Constitution, vol ii, 1,504 It haa been decided by the Supremo Court, after elaborate argument, that the Sosretary of the Trea- haa aathority, under the Remission Act of the larch, 1797, cap. 361, “* to remit a forfeiture or nalty accruing under the revenue la fore or after a final sentence of cont evalty, antil the money isaotuall; ‘ollector for distribution ; aud suc! permission extends to the shares of the forfeiture or penalty to which the office of the customs are enti- to the intereat of tho United States.” his opinion in this case, Mr. Justice John- uth Carolina, made use of language much in point. ‘Mercy and justice,” he said, ‘could only bave been administered by halves, if collectors could judgment, and then cluag to in contempt of the Department, have re judgment for the paid over to the have burried causes to the one haf of the cries of distress, or the mandates of the Secretary.” (United States vs. Morris, 10 Wheaten, 303.) A case bas occurred in Kentuc ence has been already made, in which it is confident- ly and broadly assumed that the pardoning powor (ander the Constitution) extends even to the penal- ties due to informers. in the opinion of the Court:—* The act of that any prosceuting attorney, who shall prosccut erson to couviction uader it, shall be entitled to 25 per cent. of the amount of suck fine as shall be collected. The act gives the prosecuting attorney ove fourth of the money when collected, but vest: him with no interest in the fiae or sentence rate and distinct from that of the commonwealth, that would screen his share from the offect of any legal operation which should, beforo collection, ab- rogate the whole ora part of it. language of the stronyest and most explicit characte to authorize a prosumption that the Legislature in tended to confer any such right presume an intention to coatrol the Governor’s con- stitutional power to remit fines and forfeitures. he can, in this way, be restrained in the exercise of his power to remit, for the fourth of a fine, so can he be from the half or the qhoic. of his prerogative cannot be th the exception of the cago of treason, his power to rewit fines and forfeitures, grant reprieves end pardons,is unlimited, illimitable and uncontrol- Tt bas no bounds but his own discretion. iano doubt politic and properfor the Logisla‘ure to incite prosecuting attorneys and informers, by giv- ing them e portion of fines when collected ; but in 80 doing, the citizen cannot be debarred of his right of appeal te executive clemency.” Routt vs. Flem- J. J.Marsbail, 132 According to these authorities, i ble to infer, that, under the constitution of the rdoning power, which is clear- applicable to the offence of ‘ transporting” ves out of the district, might remit the penaltios in question. These penalties, though the owners and the county, when finw! are neither more nor less than the punishment, un- der sentence of a@ criminal court for an offence of which the partios stand convicted upon indistment. They can be collected and acquitted only by the United States. No process for this purpose is at the command of tke slave owner. trol whatever over the prosecution, at any stage, nor did it proceed at his suggestion or information. The very statute, under which these public pro- ceedings were instituted, in the name of the United States, eecured to the slave owner his private ac- tion on the case for damages—thus separating tho private interests, resident to keep separato, oxce pt on the final collection and distribution of the poual- clioy and the ends of justice require ment for a criminal offence should, in every cuse, bo exclusively sabject to tae supremo pardoning power, witnout de of any private person. trate this Suppose, inte caso of Drayton & Sayrs, it should be aertained beyond doubt that the con- viction was procured by perjury. tue of the judgment, , to which refers ‘The following pss, It would require We could never it seems reasona- United States, the He bad no con- public from the These, it seoms that the punis! ndonce upon the will ious case will illus- slave owners imprisonment men, which cannct be touched, then the pri- souers, unable to meot these Leavy liabilities, must continue in perpetual impr their release to the onmeni, or one cident of private good will. The President, notwithstanding his bene icent p to pardon, under the constitution, will b: powe il. Butsucha stato of things wor i ony interpretation of the co: hich ‘thus ties his bo rendered, not merely by ves; but, owing to the inability of prisoners, from poverty, to pay the other half ef the fine, they would be entirely arr The power of pardon, mhich is attached by tre i n, to offences, generally, sheald not be ative, aid should tcis +s' ampliare n of the law. good judge to extend his nore true Ws it the duty of a to remedy thie evil. be monstrous ; a in is moustrot Merey and justice be exercised generously j¢ This ie an old p t be the duty ofa iction, how much m President to extend the At least, no small doubt should deter him from the i of bis clemency on from this review is as 4 nglish common one half of tbe fires may be rensi tain that by this law, as adopted in the United the other helf ofthe fines may not also be w, the coste acd Under the statutes of Maryland, now the law vernor, and, of course, the sident, may rezit “the whole or any partof any ne,” without exceptio Under the constitution of the United States, and according to its truc spirit, the pardoning power of the President is co-extensive with tho power to punish, except in tho soliiary case of im- of the District, the G Dp; Several courses are open to the President in the oneral pardon, he may discharge Drayton ‘om prison, aad remit all the finos and costs for which thoy are detained would effectually operate wiquostionabiy imprisonment aad upon the coste, and also to the ‘ourta a proper application, cise of their just powers, te restrainit, if tho pardon the other moiety. ns of the Attorney Gonoral is a case which illustrates this point Joshua Wingold, prayed for e credit, in the sctcle- ment of his accounts, for his proportion of a fine incurred by one P. Varney. wes institutod by the petitioner, as Culloctor of the Distiict of Path, M 80 did net operate It appeared that suit hich judgment was he defendant was arrested nil, under execution on that efterwards remitted by The petitioner cortended that the Pre- ent had no constitutional or legal power to remit his proportion of the fi t institution of the suit. 89 as to divert any oxis wrong. Why should t » ply and exelusi onment, without touching their pecuniary liability; but leaving chem still ing for all fines and costs, to be of any property they may horoafter acquire. If tha imprisonment had been « speci the sentence; as if they had boon sentenced to one year’s imprisonment, and a fine of $100—beyond all estion they might be discharged, by pardons from this imprisonment. But where the imprisonment, resent caso, is not a specific part of the ut simply an alternative in tho nature of a remedy, to secure the paymont of tho fiae, the power of the Provident cannot bo loss than in the from their im private parties are concerned, the mere matter of remedy, which can d, without divesting tho bencfiviarios and, since imprisonment for debt has been abolished, itis rewsonablo, under the eiroum- stances, that this peculiar remedy, should be dis- LIE. By another form of limited pardon, the Pre- siderit may discharge Drayton and Sayrs from thoir imprisonment, aleo from all fiaeg aod costs in whick the United States buve va interest, without touching tho rights of other parties This would sot them at liberty, but would leave them oxpored to proceedings at tho tasti tho. owners of the “transported slaves,” should be so disposed By still another form of pardon, reference f | say hi not arising ir the general laws of Incithor of theeo altoruatives, the grext object of thie aplication would be gained—the discharge 4, 1862, Cranses Suver. Tho Bay of Fundy. brea men frome prison. This bay, whioh at the prosoat moment is causing so much oxeitement in the public mind, is an im- meneo arm of tho sea, extending in & northeast di- rection two hundred miles. Tho main branch of which penctrates to wishin ton or twelve miles of the Straits of Northumberland, and separating Nova Scotia from Now Bruaswiok. An eastern branch enters the Basin of Minas, and counects with rise in a lake of that name, situated about fifteen miles from Hali- fax, and at both of those termini tho tide risca be- tho Shubenacadie river, which has twoen sixty and seventy feot. Atthe mouth of the Bay of Fundy, it is botween forty and, Gifty miles wide, ite southwest boundary being formed by Paasamaqueddy bay, into which, the Schoodie river empties, degided by the Commis- sioners to be the 8t. Creix, meant by the treaty of 1783; at the mouth of which are the islands of Grand Manaan, held by the British; also that of Campo Bollo, opposite Eastport, an island of about five miles in length, belonging to the United States, but which was gooupied by tho British during the ast war. On the oratern sido of the entrance of the Bay of Fundy, is minor arm of tho sea, running parallel with it, which is called St. Mary’a Bay, and which extends to within & mile or two of Anuspolis basin, which connects with tho former, by what is called Digby Got, evidentiy furmed by somo convulsion o nature, by which a passage was effecved, apposite the distance of twelve leagues, is tho Lar- bor of St John, situated at tho mouth of Itiver St. John, the upper portion of which, since the Ashbur- ton treaty, forms for a considerable distance the boundary of the United States. Brior Island, noar which xan American voesel was recently dutained, is which, at the entrance of St. Mary’s bay. On the south side of the Bay of Fundy is a con- tinuous range of mountuins, of cousideruble elova- tion, extending to Cape Blemidon, where, in the spring of the year purticularly, abundance of the finest amethysts, agate, and other minerals, are to be procured at low tide, which are detachod from the cliff by tho rains and shaming of sprig, Avout twenty miles beyond thi cook and Potticedial, on the opposite aide of tho main branch, overturning any unfortunate vessel that may bave taken the ground in such a manuer as to pre- sont her broadside tothe advancing and towerin; wave. Tho north shore of the Buy of Fundy is cqually precipitous with the other; and in all tho estuarios alluded to, there are immense mud banks, formed by the sediment which tho retiring tide has d, and extending upwards of half a milo daposite: from erch shore. Where the tide rises to so great a height as has been stated, it necessarily runs with much velocity; consequently the permission granted to American fishermen, to follow their occupation beyond three miles from the shore, is almost entirely nugatory, as itis impossible to anchor anywhore nenr the contro of the bay, with any probability of the anchor kold- ing, and the fish fecding in. the vicinity of the shore, and more especially in the bays and inlets, in which bait is usually to be obtained. Besides the cod fishory, which might be carried on in the By of Funday, for a distance of forty or is) fifty miles from its entrance, to much advantage, were thoinhabitants of the province lessfnert, thore is tho ‘gasereals the catch of which in the harbor of St. Jobh alone, sometimes amounts to 20,000 bar- rels during the season—tie herring, which is to be caught every month in the year,,and the shad, which there exceeds in flavor and weight those met with on any part of the American coast, from Cape rimichi river, on the northoastern Fear to tho coast of New B unswick. 4 make ther appoarance in Albe th ho form: they reack on the shad ip groat obundane us articleof fe supply of tho A B webennel, t the current agaiz ong tine fr 6, which ct g, but it. was on red in danger. His p but Lis health, inste ‘oh worse, and on his ig, some days since, no hopo was ent i ngs havi Count a d the adwirati pent professers in thoze a judgment. Jn quainted with Prince Lov after the arrival of the I Napoleon, ell qe eted b appre Louis Nay of the C L this death politicians ways open to all po ted Louis Bonapa vor knocked at his doo fortune, or for tho aid aad encow cress, Was sure to rneet with au al and of the highest aspiratl cember no mun exerted hi 8; after the 2d of De the d r of adversity --of friendship, which rh himself. ~dy moniously reokoie may be made to the Maryland statute of 1732, under which the Governor fs authorized to remit the wholo, or any pert of any fino,” without say “| exception therefrom; and this power, now veated 1a Jont, may be made the oxproas geouad for | sion of all Gines aud costs due from Dray- bas choren him. Tan Coba Riots - capo, the waters of the Bay of Iundy enter the St. Croix aud Avon rivers, the tide washing in with such rapidity as to be termed a ** boar,” sweeping before it everything in itsway. The same may bo said of the Memrom- uninteresting to mention, that the const of North Carolina, U and are céught and —the usual cate ut in its vicinity, amount- shed, a short le on the north rof St John 8 ad of improving return to nined of been iy. Pew men, oot from r tors, have beca more be- ic than Count d'Orsay, and fow mon in bis position have shown greater accomplisiuaente. ion, he a painter and a of even the most nad bis contribu- sto tho prese evinced both imagiontion and England the count becume ac- id soon ce in France he fixed bis own in ris. He was spoken of several Gi ic office, for which fed, but tho Priece President m for's post, for which his peculiar ined inently qualified he Fine tod recked of fortane, and to all the iilustrions d science, In Paris ho had only a vast in the namo gement of he reception and to receive cordial co-operation. Bofore the 24 of December, nobody made greater or moro reiter- ated efforts for a policy of a different courao, Ifmore to assuage the stroke of proscription Pierre Dapont kaows this, and can certify it The President of the repubtio had not a more devoted and sincere friend than Count @Oreay, and it is at a moment when the Prince had attached him to his person, by the title and fonctions of Superintendent of the Beaux Arts, that he has Jost him forever. This is anirroparable loss for tho arts and for artista; but it is a still more irreparable loss for the causo of truth, and for the President of the Republic; for pataces have ouly two doors open to truth— tho door of friendship, ad to adversity what lightning is to thwader. Invisible jneticeequal justive to ail—the justice of which death bolds the soales—counts days when it does not messuro gifts, Alfred d'Orsay was too highly gifted warm heart aod elevated mind, a pure tuate, antique beauty, athletio strength, imeompa is nddreas tn all che exercises of the body, incon- testible aptitude in all the arts to which ho eppliea Ne, Painting. soulpture— Alfred a’Or- too meny gifts for his days rot to be parsi- i. Dewth has been inoxoratle; but it bas béon just, It has not allowed bim to become @ common man, It bas not taken hin; it into Aleix has instituted a suit against the Mayor and city of New Orleans for | | $6,500 damages enetained by Lim tp conrequence of the distenetiqn of bis: coffee honse at the corner of Bournan | ond Bloovilte streets, Im the riot of the 2lst of August | p « On Tuesday morning, Commodore Pot by two of his officors, Captain A. prado nye cman adler res| 9 Col urray, the ia Petor of the Erevan, The Commodore returned to town on Thursday morning. In the eftornoon his the Administrator of the Government, tho the Attorney General, and the Hon. Provin- cial Scoretary, came down from Frodoric\on, aud were ontertained et dinner by Coumodoro Perry, on board the Mississippi. In the monntime, to provo the fooling that existed in this city towards our Western neighbors, arrangements were made by leading gentlomon ia the city to get up a ball and supper at the St. Joka Hotel, on tho occasion of the first visit ofan Ameri- can steam frigate to St. John. . Although the time for maki tions for this display was limited, yot the atfair did great credit to ull coucernod. We arcindebted to our contempo- at eee Js ceman for tho following purticulars of e t oe On Thursday evening, the citizens of St. Jahn en- tertained Commodore Perry and the officers of the Mississippi at # bull and supper, at the St. John Ho- tel. _ Sevoral members of tho Executive, Lieut. Col. Marre (Administrator of the Government,) and the officers df the 72d, several of whom came down from Fredericton for the purpose, the officers of oth- er corps, tho British naval officers now in port, the heads of nearly ull the depurtments, and large number of our most respectable citizens, were pros- ent. Beauty and fashion wore thero in all their bril- liancy, and the scone presented by the crowded bull room was such as is not often witnessed suywhere. Tho company was vory large, sad the rooms very much crowded, yet dancing was kept up with an un- usual degree of spirit during tho waole evening. Tho room wa3 tastefully hung with flega, end side by side hung tho stars and stripes andthe union jeck.” Tho splendid band of the 72u came down, specially, from Fredericton, aad their boentiful music added much, to the pleasure of the evening. A cold collation was served in the supper room, A] in Seammell’s usual good style. Captain Beor, kt. N., an_ old naval officer, was called to the chair, and several toasts were given—tho Queon, the President of the United States, &o. Tho CuarEMAn proposed the Army and Navy of the United States, in a seaman’s blunt style. “The Fnglish navy had won laurels, and,by battles fought and won in overy sea, had proved their courage and bravery. With tho nayy of bad also fought, and they found them, too, mon of equal courage and noble opponents. He then briefly expressed a hope that the two navies would ever bo united in maintaining the freedom of the geas and the honor of their flugs inviolate. tho United States they Commodore Parry briofy returned thanks, and propoad—Tho Prospority cf St. John, from whose citizens they had experionced kindness that would never be forgotten ‘Tho Mississippi aud her officers were noxt givon, and the toast was druik in a bumpor. w Captain Apams, of the Miseissippi, returned thanks. The Army and Navy of Great Britain. Licutenant Colonel Murray responded, and pro- posed—The Prosperity of the Province. R. Bayard, Esg., responded. Many other toasts were given and responded to; but the speeches were all very short, cotsisting i every instance of some plainly spoken heartfelt com- imonts— aliusions to the mission of the Mississippi, und the pending controversy, and wishes for its ami- cable adjustp: One speaker expressed his belief that on the return of tho Mississippi, the true state of the case would be reported, and when stripped of exaggeration and misstatoment, the people aud gro- verpment ofthe United States learned what really liad boon the course pursnod, tho feelings of irrits. tion would at Gnee subside, and misundersts dings i nud applzuse from the Mississippi. Tho com ball room, who mission Ww 2 morning. Cc jeft at an earlior how The best aud k i Boluiere s 8, who ro erry and some ot his party st fe civ peated! ings were evinced or all uns Vied ia atteation to oxpreesod their sense of end their 2 urb ihe fr “thet ipp: eed th t m H The Crops ) Souchern Star says that the rocent reatly injused the crops im thu! aeigt a) eacon saya that the weather in rand quite favorable for cotton. to he cotton fields, also, are sald to U end bare, so far, met with mo biight- In Goorgia were never in a moro id hose tliat axe harvested are all (Miee.) Co mowlng evep: bas made its appearence on the Mises. ready eavorel valuable cotton ¢ raid to be very good. The yletd larg the quality good. Pols a1, Ke., Look prow Vhe Geneva Courier eays:—'Tho wheat crop hex deen eethered ey under the most faverable cireum- ‘ d. Inamouxt, the bey orop is nary gathering. ‘he corm crop in oll parts of Alebama !s reported as ng romerkebly good. ton crep tp Greenville, 83. C., is, no far, as'we the Mountawmvcer, very promiring. ome, Ga. Courier says that the cotton crop io not quite so promising as the provi- i bp. Whieh wilt be unusually large but Gust with weie ane favorable fall, it will probably bo about a fee crep in that section, crop of norihweste at seasog continues unis excelien', bundane et gonwinn dawuge they will do mast be . Af fuse, eureshinoy, wll hing rains the erop ct che real cotton oa & number of plants Adams, ip Wilkimen county. Tn in Dioom, and the bolls are forming 1 pe the present year. both on and off Rornoke ver O., Were wever bettor. Colleges and Acudemtes, Ai the Inte meeting of th tees of the Ohio veysity. Dr. yore re Vrofestor of Kev James Ff, Givia, of Y, Wae elected Princinal of the Preparatory De ent. 0 post which Kev. 0, M Spencer bas filted for monthe, ‘astern Mail saya that President Sheldon Keely and Loomis have tendered the resig r respective oMices in Waterville college ; ihe fur. mer to take effect at the expiration of six months, and tha two lat er nt three, « Frof. Henry P. Vappen of the University of ow York, 1s been cleoted Precident of the Mich!gan University at Ava Arbor, Nev. Henty P. Tappan. of New York otty, was on Thara- doy electea President of the University of Michigan. by | the Beard of Regents who have recently been ia pression nthieeity, Dr, Lappan is one of the ripest scholars in the country, A woman & stranger, wna Inuded from one of the boits at Decreat, on the 13th fast. in the leat ategee of cholera, which Gisesse be hud contracted in Buflelo Afver coming above. she waadered off up town. and dnally aid dW in e stone yard and died friendicws and alone, It is understood that the St, Lawrence nad Atlantic Lelltoed will be opened publicly for tigers, om the Ahorilth of Septem ber--theough fi run rooner—wben a grand dew: ef Sherbrooke, the @cvernve een Or6 bis intention to be pr boving beew invived ‘The firet passenger traty to run cver the entire route of the Portmeuth and Goneors ‘aiivod, will start tem Vortemouth om Weaneanay atternocu U. 8. Artoxery Gryenac-—The Ton Joha J rece ved wt Bort Ads the honor ous to 5 ip ¢ + p ¢ Shere an, the onm@nandive offte o that there will bea lenge crowd of vi N w ms and | any recommendations which might appeer to thom Judiotous or im porte: The board commenced thoir proceediugs undor found conviction that o national Military organized in tho best manner and o ted on juat principles, must be of the very high- est value to the United Statoa. shell be subdued ¢ | stationed here should uot be forced to tl Tt is conceived that it when the passions of individuals 0 & perfoct humanity, aad the am- often uneerupulous rivury of nations rca into the elevated and honorable competition in in Wer must, therefore, coutinue to be prectised ; and the soiénce and art which guides ite arms to the eurest aud speodiest results, while in- in their study the uses and aoquaintunses with all tho exact sciences and many of tho arts, should be thoroughly instructed. To omit such in- to. pluce this confederacy far in rear of al) the enlightened nations of the world in rtgnoe, whieh ig likewise that of respectability, and the power of self-protection would be greatly impaired. [t may bo woll eupposed that this country is not ao ra- mote in geographical position, nor so powerful and so prolific of means ond appliances for resistance, as to be coxempt fiom the possibility of hostilo Invasion, with ita Wain of injurious consequences. Tho mili- ia, will constitute the great bulwark of defence; and, asin psst werfare,so again in that of the future, their siroug arws end brave hourta are ample usruntees against entire subjugation. them tho seeds of militury knowledge; test prinoiplea of methodi- m skill, and inspire them jonce, would serve to ensure and hasten while often averting porils and slwaya csoa- disgrace which ao froquontiy results from misdireeted efforts Ji may be useumed thet impressions similar to ede induced on tne part of Washington the urgent neudations of the foundstion of F Tho very last (nub- is life, of the 12th of Decem! lea in its behaly. blished on & ** respecta- and he regardod it as ary” iuiportance to the country. As the forewoll legacy of the fathor of his country, this conception, afterwards embadied inte durable form, end existing et the present day, an oruamont and an honor to the contederac movument to hia patriotic tored and cherished by the American people. The Academy e& West Point was creoted under tho administration of Jefferson; and in ita humble beginning was destined to educate officers solely for the corps of military engiueers. 181% its cloves wore distinguished for capacity and elsill, and proved theméelves the equals atleast of their British antagonists. ths of generous ustrial aad other struction would the scale of im; eel€ interest an JP. Comn L. 3. Pera, Tenn. 0%, dontained a, whilo it ie a proud ‘ecaat, should be faa- During the war of About that poriod the eodets was increased and the course cf instruction wes enlarged. With the favor of the 30 Lave continued Tho army, in ie present Lime. ice, are recipionta of bi, ond accomplished officers. owledge taught have become, in their variety end extent, ai! that can ho studied in the term of Jn consequence of the officiency, the and the alill of its graduates, displayed aiticulariy in the recent war, the Acad spyears atlength to be duly appreciated by ail lasses of our feliow-citizens. he moment is fuvorsbic to oxtond its usefulnese tire country by enlarging its aphore of ta, ; These would unqueatienabiy enure from increasing from’ impelliog the evergy io«m of its conductors, of all ly, if not genorously compensating, 3 from eddiog all the fx venience, aud of instruction, 39 Varous improvements bero- a word, from regarding the greet nations! samimarg of the rsevy of mon fitted for eres uf human setion, ané, in as- i on's affections, th tho nation’s ir concurrence witk its genoral accumulating oxcerience of fifty improved upen ia prac ig tke Academy o the dopactsents aro dis- ste, ceonamy of expenditure, the adaptations of the means 2 thority of law and in- at success of @ military in- ind cement of ell the parts, giv- n and vigor of action to the ing symmetry of fo: the bourd give their cordial assent With the view of instituting the most searching serutiny which tke brief period of 1 weeks ‘would pormi from the board, to ea ject was intr: having been d ted in some ew stitute tho body of pany it in the , committees were appoiated ach of which a prominent sub- rts were ronderod, and re the board, and adop- were preonted tuoro readily the recommendations of the Iu order to attra attention, the beard, to be found few not reported on, are ad numbered as follows : i ixty-two additional a ta the Senators, That the pay of the cadets be increased $420 amonth, or making $2320 © smiocnt at pres- rly all who graduate nost rigid system of econ U-—-Thet the pey of the superintendent be in- ‘ Tho cntertainement otherwise, from place, is thrown for the credit of must be and is ndont has in some tioned at this post, ox- which e disgust—e prac be on tbis commur of it structers of draw French, be made eg structers of drawing world why th stracters and teach- wed ton dullurs per of dress aud board here in servioe; 1 is to indave tho for the army for tive to ceek this posi- and virtually their nd the dutics more ardavas end The best officers are often chosen to isgnries, or adjutant ; and ers taken from the ern 7 a burdensome bo quartermesters, com’ now with extra compeneation, which te relioquish unless r maser be allowed the pay io formerly inetracted bat one are taught, aud tho duties ‘ound too poorly repaid. 9.—Tbat a riding hall be erectad fer the exereiso ion of tbe cadets in winter ; $2,000 have shesdy been sppropriated, but $12,000 more are required, avd if the building may be completed : 10—Tbat permanent stables be b horves of the Iighs artillery and those used ia teach- ing cavalry dniil 1] —That ® double set of horses be allowed; one for the artillery. the I Horses used habitually in harvere « the eeddie; andthe double duty required of them here unfit them altogether fur many of (ho manu vies of cavalry. 12—That the dwolling of the professors be on- de of increnrtag funsities 5 be erected for each pro- the erticle of pearances Ow Meny of our old gettlers are turning their atten agriculture and it is gener of the overland immigration larged to meet the deme ond that a ete $= That four or tive additional haildings be erected forthe use f tho oficers whe now eveupy reoms in the cud: te’ barracks, ond for ovhers, suoutil ceeded, these roging will b excepting uh fescors, or peaisiwuts, +hould, pave quarters sepu } the corpe he i for the endets tactice, the offic 14.--That cavalry tactics be introduced among mounted besides mouated is the ermy; aad , every graduate be Sequainted with the mancourres ‘of ell tho arms of 15 —That the period of imstruction be oxtenied Tee thet dim _ the study of logic be and that ancient and wsdose history, aca; es returns, &0., physiology, and the evidenene Obsist anity, be iutcoduced with the incroased torus, I7—That a wherl or dock shuuld be bailt em grounds belonging (0 the Uuited States. The fee mer ove ja broken up, or hes sunk. There bes abe ways been a whuerf bere until quito receutly, bo far silitate tho landwg from steamboats, The officers inooa- venievee of riding from the post co reach the steamer, nor be ya Me to the possible caprices of ‘ate ownersol wharf, There is overy reasva Portity tho recommendation, and uot & single plaasi- ble ove in opposition 18—That snother officer of dragoon should be atationed hore, to perform the dutios of the preseus riding-master, whoeo services could be dispensed with. The objection is by no means persoual to the nt inatructer ; but the board are of the opinion of our own officers can teauh equally well with inetructer from any other couutry In concluding their report, the Board of Visitere take great pleasure in expressing their high sonse of the dietinguished courtesies whioh all che officers ard profeseors at Weat Poiat have publicly and pee vately uniformly bestowed ow thom duriag their brict visit. Tho Loard respectfully request of the Hoa. Ssore- tary of War that ho wili transmit thoir report, &o., to Congress in a soparate communication, im order to secure their boing printed as « distinot pub- we Sot which is roopeotfully submitted of which is reapeotfully submitted. Mf. O. M. Hammonn, of 3. C., 3 Preaidout Bourd of Visiters. Jorn Eastman, NH. Canre Mints, Ind. L. U. Denaro, Ve. J.T. Wontutsaron, Ha. Anixis Caswein, kT. W. Ll. Wintiaats, M dP. Jackson, N J T Barkeney, Ack. 3, Del. W A Howarn, thigh. Va. M. Gunr, Vexss J i Cours, Cal. WL Goce: Attent ei Be yl Seo'ys of tho Board. Additional Items frum California, Tho Sacramento Journal coutains a oorcospon- desoe between Governor sigler aud General Mitel- cook in relation to the Tidian dificulties in the noril. Tho Governor asky that protection should he ed Lo tho citizens in that portion of tho State, amd tho General anawers thet he shall establish the 4th Regiment ot U. &. Infantry now an its way to Boai- cia. Until their arrival, he will make no ferther disposition of his forces. ord Tho Indians oa Boar river havo been driving of part of the Chineso whom they suspeo: atexling a son of ono of their chicfs. The boy was afterwards fourd. A Grass Valley lettor-writer giros his opiaion that the product of the quarts mills in Nevade, for the bir twelve mouths, will reach twelve millions of A couple of Chinamen stole forty eunces in gold dust on the Mth ult., from the Banking House of Mr. N. Levy, in Saoramento. A party to explore and prospect the mountetaa west from Colusa and Tehama, would Icavo Colusa about tho 20:h ult. Tho Indians report gold in that region, but their hostility has hitherte prevented small parties from searching fer it. The oompauy which was to start from Colusa would bo sufficiently strong to travol through in spite of any hostile op potition. The hedies of Thonss Graham end David Curr who were drowned in oroesing tho river at Ook Epring, were found on the 8th ult The pedestrian Kelly completed the groat fret of walking one thousand miles im one thousand conge- cutive hours, on Sunday night, at 10 o'clock. He loft, yeaterdey, w. th $1100, the pecuniary reward of his forty days labor. — Sacrumenta Union, July is. THE DURL BRTWEEN MPARRS. NUGENT AND COTTER, Vrouw the San Frinciseo Transcript, July 14.) jucl came off yosterday, ahout four miles from . Contra Costa, between Alderman Cotter and Mr. Nugent, Editor of tho San Fvanciseo Hevald. The partios, accompanied by ® large number of frienda, went over the bay inthe morning. Acthree o’clook, the preliminaries having been arranged, the finest ite were fired without effect. Upon the scoond fire Mr Nugent fell, having reevived the nail of his adversary in tho Jog, ebeve tho kuse, Noshiag. further transpired, and the particsreturaed to the city. Mr. Nugent's wound severe, bus nob decmed dangerous. The bone is badly fractured Av our readers will desire to Jearn some of the narticulare coveeruing this affair, we will detail them briefly—making such comment as we may helieve to be called for. Jt sceme that for ac me past Mr Nugent bap spoken in terms most derogatory of the mowbere 6f the Camnion Council, but more pactioutacly om Thursday last, when the following peragraph ap eared in (he Herald .— attack on Jadge Lake, on Tuceday night in the Doard of Aldermen. was so proek, +o wauton xo iadelinato, we cannot afford to let {i pases without other reprehom. viens than the silent, scorn itmrrita Becaae be tae faterpoved ae he was bound by an cath (o do to prevent fraud and villany, the mi-ereble wretches who are biffie@ tai perpetration, dare weg their foul tongues against nim, On Monday evening, Alderman Cotter, in hie place in the Council room, noticed the renarks ef (he Heraid, ard commenied quite as severcly apoe sem 6s did the Herald inthe paragraph quoted. This led to the challenge, which Mr. Nugeut seut to Mr Cotter. It will not be amiss, inasmuch as this duel om form a precedent for the settlement of other diffi tics in San Franciseo, to make a few comments ith & view to discourage a too ready resort to the use of fire arms in such cases. Circumstances may occur where a person won'd be justifiable in shooting down another. For ia- stance, where an eye hes heen “gouged ont.” or aa ear sevored from the head. in ordor to dishzurs and Giegrace a pereon for life In euch cases, we hold that oman,would be perfeotiy justifiable in # resort te fire arme, but then we would scarcely go through the formulity of aducl. It would be a mocting anda final sevilement. But to challenge a party and stake lifoapon some trivial misunderstanding, is boys’ play , [tin, ia our opinion, no mark of & brave man; neither dues it advance » person in the estimation of bovorable and high minded citizens. The person accepting a challenge is differently eituated from the challengiog party. Haman na tare is such that mea will oftestines fight when they havo no real cause for 59 doing. Cirsnm tuo cesmay place thom ina position whore it aveme utterly impossible to avoid a collision without die grico But, aftor all. it would be he'ter never to aecopt a cballengo under any ciroums‘ances. This, however. is a mutter which every man is Irft to de cide for himeolf. But wo would hold the challenging party to « strict accountability. We would urge the enforce eae of laws ageingt such offences, as rigiily as any otbor. y like this wonld put a stop to a prative ry reavonsble man must look upos wien hich. unlees stopped, will grow ity, and ultimately secrifios many 5 best citizens. TOPICS OF THR DAY. Vpwerds of @ million-end-n-batf of dollars worth o pola duet (vere the Son Francises Herald of July 16) bof Unie clty yeeterday, in the eteamer Noriterner. wiitoas counting what the pasaeugers by (bat vexel hed with <hem There sume. added to what will leave by the # & Lewis, the departure of which has been delged aa it to duy, Will probably make, in the aggregate a° Least two williona of dellars, This iy at the rate of ity miltons et doller# © yeur. but the produce of the miines ducing the yere 1362 wilt by far execed (hat aa It iy to be regretted that there ix wo way of accertarotng (he exam exports of gold from tivis port It has sried that as much {* tuken he eam bige rely tee #0 abe Uo away fm Oats fo 10 say baat to an remanif te, half a he amount taken OY pa-vem ear in the war r the recent arrivals of vessels, with Aliptic Sttles, bastness we are tm ‘There iy elill @ seareliy o: maey t Although Large popplies are ow a great many veereia are di ices will vary materially fur eo ing rogreat. The tims how far distant when Celifornia qill bs tan great measuye, independent of foreign supplies orpcciul Vefore Sve years secord ax bo oni will be w four expartioe country. believed thet che I be billwes of Une Quantz Mixma Orrrations ~Tue Dienivville E_ho gives the partion ars of the varions em mnios opereting on Jameson's Oreck. The ‘76 Quare Company havo bad theie machivery at xork. daring the past weelr, cightcen stumpers, but have oo com menced warbing The Rough and Ready Qisrts Comper. re getting out qu and «il bave theie machinery in operatio weeks The Eurcka Mining Company # querta with the Arvstras. and # Marcin Secholts & Co will be in fall ; their stompers and maobinery in abyre ten diene The Mawmoth Company are getig O16 rome, end will shortly have their mach nery (4 operates prep “alifrnie July O, of Moody fing Me occa Seheg Bed conaty Ohio. aged aboat 27 ceare, Joba avi North Pork ver, Daly 8 oe SrGrort uncer. Cantain Jorep! ie toudor effecsom county, N.Y , ag “ar Comp, Yoba' river dw’y 8 Sheries omit county. Ohte