The New York Herald Newspaper, December 2, 1852, Page 6

THE FINE ARTS, Whe Bryan Gallery of Paintings. SECOND ARTICLE. The Flemish, Dutch and Gorman schools, occupy mere than their share of the gallery. For our part, we frankly admit our weakness for the masters whose genius was warmed into life by the glowing sun of Italy. Give us ever so small a Titian, a Sal- vator, or a Corregio, and we renounce the whole | found in every second or third rate army ef Rubens, Teniers, Vandykes, &c.,&e Isnot | old Rembrandt himself at times a puzzle? Have we | not often stood open-mouthed before his dark gloomy | pictures, wondering whether the bright spot which loomed out of the general blackness was the armor | of a warrior, or the nose of apeasent? What though every hair and bristle on his burgher’s chin | be perfect to the eye of the most hypereritical bar- ber, we love not the truth of ugliness. Admitting ‘its faultless accuracy, Quodoumgae ostendis mihi sic —odi, or, at allevents, feel sesrcely more admiration than | the original would excite. At the sight of sucha | portrait as the one possessed by the Bryan Gallery, | which is unquestionably in his bestand richest man- | ner, we may experience that gratification which the | most conscientious fidelity to nature and exsellense | and harmony of detail, are wont to command. But | how different the sentiment from that awakened by a Holy Family of Raphael, a Venus by Titian, an Angel by Guido! In the ove, there is human truth— | in the otter, divine inspiration ; the one we recog- | nise familiarly, before the other we are bowed in si- leat fervor: the one is a work of the highest ordor of talent, the other a triumph of genius. The | Germans and Flemish studied Naiuro as they found her—-squat, homely, and broad; their Bymphs are washerwomen, their heross butchers, their landscapes teo frequently mud seenos. They resolutely shut their eyes to the light of divine in- spiration. Take away Rubens’ “Descent from the | Cross,” and a’few other pistures by that groat man, | and his disciple, Vandyck, and the best of what will | remain of Duteh and Fiemish art will be found to be portraits of full bellicd burgomasters and their | fleshy frauen. i We know that this is heresy. By common oon- sent, Antwerp, Leyden, and Amsterdam, are held to havo produced a family of artists that foars nota paraliel with the sons of Veuice, Bologne or Flor- enoe. There are cities ia Europe where we should | pun no small risk of lapidatien if we were to attach | an; nal responsibility to such an expression of ] nas the above. Even here, can read the frown on the brow of the connoisseur, and, fearing | his wrath, “return to our muttons,” or, in other | words, peas on to the examination of the gallery. We have. fortunately, fewer antiques among the | Dautoh and Germans than among the ftalians. The “‘Craoifixion,” by Joba Van Eyck, is on!y valuable | om account ef the name of its author, tho inventor | of ing in oil. A couple of Cranasks—ones mis- shapen “Venus,” signed with the snake, or dragon, | whiek was the crest granted to the painter by the | Eleotor Frederick—the other, a fist, stiff and color- leas portrait of a German lady—are barely redeemed | eel from absolute disgrace by the bees or waspsin the former, which remind us of some of Cranack’s best drawin, We forgive old Balthasar Denner his pat matter-of-faet-ism, for the putient care and | aicety with whioh the two portraits ascribed to him | are finished. But we sce no trace of the talent of | Albert Darer, either in the absurd allegory styled | the “‘friumph of Christianity,” or tho stil! more ab- | surd inting which is supposed to represent “Bt. faeas and the Dragon” The ae 5 whom we religiously believe to have im | a highly respectable animal of his kind, has the | 9@ of a dunghill cock, looking up y cooeely: in Bt Goorge’s face, and the gallant steed on which the Saint is known to have won so many victories slightly resembles a sheep. The want of grace and the ignorance of perspective which mark all Durer’s gs, are peculiarly conspicuous in these two works, and we can hardly recommend the visiter to linger before them. We cannot admire the two works which represent Backhaisen. They excite nove of that terror which | their author sometimes commands; and though | doubtiess true to nature, can hardly awaken pleas | ing omotions We never could understand how | some oritics had considered Backhuisen equal to | Vandervelde. Let the visiter compare the two works of the forme: with the ‘‘ Marine” (No. 88) by | the latter, (by no means one of his best,) and they | will, in our opinion, form an accurate estimate of the | relative merits of the twopainters. The ‘* Marine,” by Ruysdaol, (No. 76) with figures by Vandervelde, ply aden of the kind in the ee The ves- | ia perhaps ing more sail tham an exper- | enced aller like Vandorvelde would bave ventured om ; and thoro isa wondor‘ul stillness slong shore which is not easily reconciled with the storm at soa. But the tone of the color, and the breadth of the design, fully sustain the auther’s fame. The ‘Van Ostades are each represented by small | picture. Adrian gives us his ‘ Wife avd Child,” | quietly done, in dingy colors; and Isaac has an extraordivary picture, calied a ‘School Room,” whioh is apparently peopled with ugiy dwarfs, all | cast ia the same mould. Both bear traces of that grotesque humor which characterizes “the Van Ostades, and if pat up to auotion in Europe, would probably fetch a large price. With the Ostades we naturally class Cornelis Bega, whose ‘‘Boors, drivking and smoking,” | bear a olose resemblance .o his master’s style Though not devoid of a certein coarse humor, we | cannot be loud in praise of its execution. The light is badly maneged, and it lacks the fineness of touch which ‘alone redeems suzh domestic sketches. A similar eubject in the hands of John Molenseris | lifeless and dead. We are inclined to suspect, apropcs, that the ‘‘ Winter Scene st Harlem,” (No. | Sh.) which is credited to Nicholas Molenaer, is in roakiey the work of John, or Jehan, whose famo rests chiefly on similar pieces Passing to Teniers, the chief of this school, we find in the catalogue no lees than six pieces bearing his name. Notwith- standing his astonishing foctiity aud incredible in- dustry, to which we owe at least # thousand well authenticated paintings, scattered through the ma- ou the high price which a Teni sure to command casts u suspicion on the genui ness of some, at least, of these. This suspi confirmed by close examination of the * ge Féte,” (No 82,) for instance, which, though ciever, | ts bably only a careful copy from Teniers, or | pakeee & painting by bis father, and canaot be | ascribed implicitly to himself: and the *‘ Boors playing ninepins and drinking beer.” in which the shadows are not managed with his habitnal skill | The ** Village Frolic,” (No. 83.) is more clearly | *tamped with hie humor The pencilling is broader than usual, but the airy lightness of the sky, and | the characteristic simplicity of the peasants’ faces, are unquestionably bis own. The “Sabat. or fa- | cantation,” is a very curious picture. “The figures of the Canidia of the scene, and the Elf with c.oven | feet and measureless nose, are strikingly original We cannot help admiring the earnestness of the Withered heg. with age grown doubie, Olutching dry rticks and mumbling to hervelf : ‘eyes with scalding rheum were galled and red; Cold palsy hook her head, her bands seemed wither'd, And on ber crook'd shou!ders hed she wrapt The tatter’d remnants of an old white hanging, Which seemed to keep her carcass from the cold | Teniers, as is well known, got sometimes tired of his own etyle, and volunteered to mimic tho emi- nent Italian and Flemish masters. He was occa- sionally very succesefal in these imitations. Not 60, | however, in the ** Departure of Obarles V.,” waich we are told is ‘‘ in the manner of Paul Veroness.” ‘We aro very eure that tho author of the “Supper at Cana, in Galilee,” never did anything to warrant such an accusation. The ‘Parable in the Vine- ard”’ is probably in the manner of somebody else; t certaiuly is ag unlike Teniers as anythiog wo ever saw, notwithstanding the vigor of the coun- | tenavees. The painting. (No £0) aoums of mos) which apparently repre- | #ente @ woman being bled. is worth notive, as being the work of ono of the most comic painters in Hol- jand, Jeban Steen. It has but little intrinsic merit, and stands on a par with the odd composition (No i) wiieh bears the names of Brackenburgh and n. The lendscapes are very numerous. Tke logue contains one by Borcuem, which wo were un- able to find ia th Buy that pleariag ter is very fair ia is manner, which of his softness and delicacy four pictures, all remarksole j which he poeseesed the reo two first are probably by two numbered 15 and 16, by Sin, ‘three of Van Bioeman’e ingenious co @ great profusion of knights iu armor—he | de- eidediy out of date We are not #atisied with the landecape (No. 23) by Cuyp, though the aerial tints are peculiarly bis own ; there is & want of sharpness in the outline which the eoene h jnst'fies. None of bie portraits rank very thore of the Fhemish funrily in the Br ao are not an exo a i. number of ercditable paintings, including Fat i tion of Poussin, by Glauber, and ean afford bub & line to Wouvermans and Hovbems By the former we have a couple of +xceilunt pieces, one ro res *‘Autumn Soenery,” and che other * The sckiog fa Town” A faatidiousgeritic might ob- ject to the grouping of the figures in the latter ; but both subjects sre handled with such firmoes the ery vera loave little doubt of their a Oe Lvevobues are amvlig Lue Tactes vocme uf | vigor a to ve | ality which cannot, in 1 most cases, the of art ; are not to be found in the Sohest eels nets taly. We are, notwith- St) titan migiosl ee ‘Goabt, if any cas oni -) is am 3 we dou! Hobbeme Sa it be Ruysdae!) could have shed e such @ depth and gloom over the pool which forms the centre of the oes The rit of coloring, too, is av indisputable sign of Hobb: . s gallery which contains a Hobbema should possess seven ae by Rabens. His works are £0 numerous, and his imitators have been so successful, that Rubenses are to be It is not surprising t) Europe. This is the place to acknowledge dissent from the received opinions respecting Rubens. We do not like them. Not all the brilliancy of his color, or the charm of tion, can atone, in our eyes, forhis grievous disre- gard of the elementary rules of dasign. With the ex- ception of his landscapes and portraits, we have seen but one painting by Rubens, the drawing of which wes irreproachable. We could not find more striking examples of this fault than some of the paintings in the Bryan Gallery. We should be inclined to pity the taste of the Elders, whoze gaze is fixed on the am- ple proportions of his Susanna, did not a closer glance reveal the fact that the gentlemen in ques- tion have none of that pruriency of expression which | has generally been attributed to them. They seem ther ashi of the lady’s want of clothing. **8t Catherine” is a jolly lass, with red cheeks and flexen hair; we are sorry to perceive that she has been unfortunate faves § The “Christ” is an average picture; but the Lion which Hercules is about to strangle bears some re- remblance to a hippopotamus. His best works are | the ** Portrait of a Knight,” which is marked by an extraordinary vigor and energy of pencil, and the me- allion of the ‘* Ascension,” which is a fair samp!e of ubers’ harmony and richuessof color. We cannot help thinking that Vandyck only pecited’ the face of the ‘‘ Portrait of a Princess (No 30); the hand and arm are assuredly not and yet, we fancy we oan recognize his touch in the eyes and forehead. The ‘ Crucifixion”—a subject which he repeated several times—presents the same peculiar appear- ance—the face is that of a corpse, the body has yet lifeinit. The ‘ Portraits of Charles I.” must only be considered as sketches, made to guide the sculptor; they are sadly deficient in color. We are puzzled to attribute the miniature of ** St. Louis’ to Vandyok. He seldom cramped himself in so small a space, or finished his paintings 4 /a Mignard. We ought to say something ofa ‘Portrait of a | Jansenisi,”’ im Philippe Champagne’s broadest man- ner—of a finished portrait, with excellent drapery, by Sir Peter Lely—of ene of Heff’s usual archi- tectural paintings—of Snyder, whose gun set on the day which gave to the world Ed Land- ‘and of one or two ethers painters who desorve But we have already consumed too mach space, an dmust leave a corner for the French school. Nicolas Poussin presented by three puintings, nore of which we should take to be spurious, but which are evidently not his masterpieces. There are traces of his power and simplicity in all; but the dignity and exquisite taste which characterize him in the Louvre wiil be here looked for in vain. For Claude Gelée d’Lorraine we have a pious ven- eration. We believe that the warmth, the li poetry of his landscapes, have never been equal we doubt if they ever can be surpassed. It was with feelings of disappointment that we gazed at the two paintings which his name in the Bryan gallery. The first we should, at a rough guess, have pro- bably ascribed to Poussin; it reveals none of Claude's th, and reminds one forcibly of some of Pous- tin’s later woks The smailer picture, though a | work of high merit, and well worth the attention of connoisseurs, does not display that richness of lor and transparency of light which constitute Claude’s chief beauty. We would not have him judged by them. A couple of neat pictures by Mignard are not de- ficient in his accustomed grace. tented by # bold portrait, and Lefevre by a noble eee of the fine countenance of Puget, the xu ir. by the famous Watteau, is lively and spirituel; it would be 5 beautiful ornament to any boudoir. By Greuze we have several good heads, in his peculiar atyle. One of them, which represents a female (Virginia?) with dishevelled hair, and eyes raised in prayer or agony to Heaven, is an exquisite creation— exe of the most delicious, if not rs most delicious painting in the gallery. Both theVernets are here. A ‘Moonlight View at Baia,” by Joseph, is soft | and tender, like most of his moral it scenes. Horace is rather shabbily represented yy @ picture of “Napoleon at Charlerei,’ which, we are told, ornamented the private study of Louis cance: Neither man nor horse are worthy of Horace net’s fame. A few native artists, Thomas Sully, of Philadel- ah who has contributed a Speen portrait ; Wm. eat, of New York, whose ‘‘ Confessional ” is cen- scientiously executed, and one or two others, com- plete the catalogue. There is much to be seen and much to be learnt in this gallery. We have, perhaps, been hypercriti- eal in jidsing of some of the paintings, but we felt that the collection could beara severe scrutiny. It only remains for us now to add that it enhances the pleasure of a visit te find the gentlemanly pro- prietor too happy to give one the benefit of hie eug- esticns and information, without, like many we ave known, thrusting his comments on the ear, or claiming dogmatically for his paintings an origin- be contested. The Patent Office at Wi ‘ington. The east wing of the Patent Office being now nearly completed, eays a correspondent of the Baltimore Sun, | public attention is naturally attracted to the west wing, on the site of which there are som» indications of an early commencement of work. Thomas U. Walter, Esq, the architect of public buildings, expresses an opinion that the erection of the western wing is essential to the per- Manency of the centre building. He estimates the entire ovat $545,000; granite and other materials, which can be | therein used. and are already the goverament property, | are worth $12 000—leaving the cum of $538,000 Tae | plan of the west wing contemplates .the construction of each story in one continuous room of sixty-three feet in width and two hundred and seventy feet in length; the floors to be eup) by arches epringing from granite piers in the sub-basement ond the basement and from marble piers in the principal and attic stories, In con- fequence cf the great descent of the western half of the | Patent Office square, the west wing will have a sub- basement of seventesn feetin heighth, entirely out of the ground, making one story more in this than in the eart- em wing. The architect shows the importance of bring- ing the centre building, as nearly as possible, into bar- mony with the wings, and suggests the propriety of alter- ing the basement windows to bring them !n:0 conformity with those of the new buildings This is conceived not oply necessary to the beauty of the derign, but also to the comfort and convenience of the clerks who occupy the rooms they light. Another incongruity in the exter- nal eppearance is the rock work of the basement of the centre building. standing. as it does, im juxtaposition with the smooth marble basement of the wing. ter recommends, as a method of obviating. as far as pos tible, this objection, that the rough surface of the granite work be dressed off, and brought as nearly into conformi. ty to the marble as mey be done. without cutting it luto rustios. He ex} the opinion that it would be hazardous to attempt to rusticate this t of the work to correepond with the wing, as it is very doub:fal whether the joints would hold Lae to the depth of the rusties. If, however, the wall brought to ® smooth surface, snd painted like the rest of the building. the want of entire uniformity would not be observed. Derigned by the same architect is the novel. beautiful, and entirely fire-proof re constraction of the Capitol Li- brary building. Its present dimensions are, in width, 91 feet 6 inches; the width ir 34 feet 6 inches, and it is 3734 every part of it—is composed of iron, a good portion of which is handsomely ornamented. Circular staircases are formed within the original walls. The ceiling is di- vided into panels, the centre being covered with ground lass, admitting a flood of light upon all below. This no- le work is executed by Mesers. James Bebse & Co., of New York, aseisted by Mr. John Skirving, as general su- perintendert. The Ccmmirsioner cf Public Buildings has also cau to be constructed on the top of the capitol edifice two pumps, which are always rufficiently supplied with water to deluge the entire building, if necessary, in the e of another fire. New Route Across 70% Cascangs To Orrcon. —Dr. R. H. Lansdale. of Whidby's Irland, having just returned from an exploraticn of a route across the Cas. cade mountains, leading into Northern Oregon, w6 hav the plearure toannounce that his survey has bern tirely satiefactory, and that he has no doubt but that good wagon road can be easily constructed through the mountains in the direction specified The route. acoord- ing to Dr Lansdale, would lead up the Snohomish river, (which stream empties into the seuud, some eighty miles below Olympia.) pursuing said stream to the forks, and thence up the ‘outh or Snequallimy fork to the great falls; thence crossing the river to the south side the tevil jeads, in an easterly direction, to the bare of the mounteine; thence upward aiong the margin of the south amps. or Black river. until the eummit of the mountains are attained. when the immediately turnt down to Blue li of the middle fork of the Yakimi mount«ias, in sn easiward course, to the Columbia river, opposite the mouth of the Umatilla river, ten miles west, or this side of the egency, Dr, Lansdale informs us that a portion of the reute he explored bas long been used as an Indian trail, and that packers can now traverse it cithyr way without expertencing serious inconveniences Unis, of iteclf, is highly imporiant to our country, and will doubt- less prove very beneGoial.— Puget Sound’ (Oregon) Colum- bian, Oct. 9. RDONED.—Henry P. Kyle, who was convicted reenvprburg of menslnughter and rentenced to the lve years, was pardoned yesterday by afer bavin; rerved oniy about one yeas o started for this city on the oars yesterday sfternoon, on the way down was detected in an effort to steal a gold watch from the pocke! of Mr, Robert B Lavnity. the well known sculptor of New York. Officer pore, of this city, who had an eye on his movements, ac 4 him, and on the arrival of the cars last nig'it 4 him ip jail —Louiseille (Ky ) Courter, Now 26. Visit ov tre New Hamrenine Lacpuarver.— A new obstecie to the propored vielt of the mem N pebixe Lepislature to this city, wae curned The Ralizond corporation had offered a we to the members, which had beon acceptad— Of 1850 forbids ell persons from pavsing on rail without paying, except stockholders in cortain eases officers apd agents. and “poor persons unable to pay their fares.” wod inflicts ti sition ¢ fond officers who knowing’ efudere avet. oe to dislocate her wrist. | Lebrun is repre- | A “Sketch, in the manner of Giorgione,” | | ticle of trade. | ted species and one wild, ts equally abundant. Maize ri- | | will. perl | of that country. Me. Wal- | | Ben Xavia Mines of silver were worked in tl 1 feet high. The roof, ceiling, alcoves, sheives, flooring— | _ her richest lands. ‘The Amazon and the Atlantic Slopes of South Ameriea. Bolivia has but one seaport on the Pacific. That | is Cobija, an open roadstead, and @ miserable vil | lage, at the head of the great desert of Atacama | The land transportation between this port and tho | agricultural districts of the republic is too rough, too tedious, and too expensive ever to admit of its becoming a commercial emporium. The direction | in which Bolivia looks for an outlet te market for | her produce is along her navigable water courses | that empty into the Amazon, and then down that stream to the sea, where the winds and tho our- | rents are such as to requive that produce to pass by our doors Bolivia understands this, and her President hi expressed the most earnest desire to draw closely the bords of friendship, commerce, and navigation, which are destined to bind his country to this. Bolivia, we have seen, owns navigable streams that are tributary both to the Amazon and La Plata. The free air of heaven and the glad waters of the earth were put here by the ‘Almighty for the well being of mankind. Use without exhaustion is | the only condition annexed by the laws of man to | the airand water being considered as the common | weparty of the world. ‘ave not, therefore, Bolivia and the seven other independent navions that own navigable streams | emptying into the Amazon or La Plata, but | which do not own its mouth, the right to follow and | to “use without exhaustion ” each its own naviga- | ble waters to the sea? And does not the * policy | of commerce” require the enforcement of that | right, eo far as it concerns any or all of these eight | upland nations which may wish to trade with us and the rest of the world baskie those natural | channelsand commercial highways ‘This is one of the questions that I propose to oon- | sider. But before showing who it is that by «Ja pancse policy here at our doors is shutting out com- | merce from the finest portions of the world, I wish | to show that the tree navigation of the Amazon is | not an abstraction, but that there are now there, in | actual existence, all the elements of a profitable, | large and growing commerce, and that therefore the | uestion is one of practica importance. I will | therefore speak of the productions of this interest- ‘ng. —Uhad almost said classio—iand. : | | In the Puxe county of Bolivia we find the llama, the vieufla, and the alpacs. Immense flocks of sheep feed in its pastures, and lie down upon its hills. My friend, Lieutenant Gibbon who about two | years ago was fent with Lieutenant Herndon, by the navy department, to ex lore the Amazon, from its sources to its mouth, writes that it isa wool- | growing country; that immense flocks of sheep aro ended vane, Indeed, he eays the country is over. | ulated. ia peaking, a few weeks since, with a Northern | manufacturer upon this subject, he informed me that he had then just bought $100,000 worth of this Puna wool, which, instead of coming down the Amazon, in sight of which almost it was clipped, this Japanese policy, that keeps the mouth of that river closed, had compelled him to go up into the region of the clouds, in order that it might cross the Andes and reach the free waters of the Pacific. Its voyage was then around Capo Horn to Boston. | Chuquiraca, or the “ City of Silvor,” is situated, | as already stated, on the ‘“‘divide” between the Amazon and the Ls Plata. Onone side the waters | of the Pilcamayo flow south; on the other, those of | the Madeira flow north, on their way to the “king of rivers.”” i Near by Chuquisaca is Potosi. Here we pass | from the regions of gold and diamonds to those of quicktilver and silver. | Since the discovery of tho minos of Potosi there | have been extracted from them not less than sixteen | hundred miliions of dollars! The vein is said to be as rich now as ever it was; but it is not worked for | the want of mechanical force, such as steam and the facilities of commerce alone can give. get the bark for the manufacture of quinine. The | cinchona, or the Peruvian bark, as it is called, is | gathered there on the banks of those navigable wa- | ter courses of the Atlantic, and taken hence on the | | backs of sheep and asses six hundred miles across | | the Andes to tho Pacific. | Two millions dollars worth of this bark was gath- | | ered there the last year. Does not this afford a commercial basis sufficient to support steam naviga- | | tion upthe Amazon to Bolivia? Bolivia has there a | thrifty and industrious population of a million and a half, whose commercial wants would be supplied by this new route Ono of ner cities, Potosi, has been supplied with water, at tae cost of $3,000,000 | to construct the works. Can commerce with such a | people be an abstraction? The productions of the eastern slopes of Bolivia are thus described by Castelnau :— ‘The productions of the country are in great vaticty. | Sugar ane which is gathered ity months after dl | ing, is the staple ot the dele of Cercado. Coffee. suc- cesefully cultivated in this province, as well as in that of Chiquitos, yields fruit in two years after being planted, requiring but the slightest care. The cacao, recently in- | trodueed into these two provinces, bears in three or four | ears at most. The ind, which succeeds in the same localities. but especially in the country of Ohiquitos, re- quires five years Cotton yields annual crops; there are two species—the white and the yeltow. | ‘Tobacco grows. ro to speak, without cultivation, in the provinces of Valle Grande, in which it is the principal ar- | Indigo, of which there are three cultiva- pens in three months. without regard to season. It is cultivated more particularly in the provinee of Cercado. ‘The caseada produces in eight months after planting, There are two speciee of it, the one sweet. the other bit- | ter; the former isa substitute for the potatoe, and even | for bread iteelf—the latter serves only to make starch. There are many varieties or species of banana,which pro | duce a year after planting. They are cultivated espesial- ly in the province of Cereado ‘Two species of rice—white and red—are cultivated, both in the province of Cercado and Chiquitos, yielding crops every five or tix months. It is said to grow wild in the country of Chiquitos. | ‘The vine, which flourishes particularly in the provi of Cordillera, where it was cultivated in the missions ua til the epoch of independence, is not now made use of. It ps. hereafter be one of the principal products Wheat, barley, and the potato, could be cultivated with advantage in the provinces of Chiquitos and Cordil- lera. but at this time they are neglected, except in the Province of Valle Grande. The cuiture of coca com- menced in the province of Cercado. where it is found wild; soalso the quivquina on the mountains of Samaipata. As already mentioned, fruit abounds in this oranges, lemons, citrons, fig. papayes. pomegranates, muskmelons, watermelons, chirimoyas, (whieh the Bra- zilians oa'l fruta do conde), pine apples, ke The last | mentioned of these fruits grows wild and in great abun dance in the woods of Chiquitos, We mot with it parti- culsrly the day before our arrival at Santa Apns, It is | fine flavored. but left such a burning rensation in the month that I bitterly repented having tasted it. In the province are gathered in great abundance jalap, quinquins bark, earsapaiilla, vanilla, roncon, copahu, ipecacuanba. caoutchouc. eopal, &9. Dycwoods, cabinet woods, and building timber abound The inbebitants gather with care great quantities of | gums. rcots and barks. to which they attribute medietnal virtues of every kind. At several points in the depart. | ment. especially in the provinces of Vaile Grande and | Cordillera, are found iron and traces of mercury. Gold | is found in the provinos of Cereado, near, the pusblo de | e moun- tuins of Colchus by the Jesuits. Don Sebastian Rencos, whilst he was Governor of Chiquitos, announced to the overnment that diamonds of a very fine water had been | ound in the brooks about Santa Corazon. So anxious is Bolivia for the introduction of tho | stesmbos! upon her rivers, that sho has offered for it, in fee simple, twenty thousand square miles of To add to the interest, the resources, the charms, and wealth of this country, there are the hot springs of Tvlula with their wonder ul properties. The | | ruins of Samaipata and Tiahuanaco, which, with | their symbols and their hieroglyphis records, tell of | & peopie anterior to the Incas, and, in the opinion of Castelnau, 46 superior to them in civilization as the conquerors were. | The forests of the Madeira valley, the passage through which, notwithstanding all that ho had seen on his way from Rio, through Brazil, to this point, excited to raptures the imagination of this obsor. vant traveller ‘The landscape,” says he, ‘was the most beautiful, asd the vegetation, which, | changing its aspect every instant, constantly pre- sented rew objects to us.” The beautiful valleys of the Coriilleras, which produce the coca plant, were to him odjosts also of great interest. “This vegetable,” says ho, ‘has properties so marvellous that it enables the Indians, without avy ovher nourishment the while, ta per- ferm forced marshes of five of six days” Itisa stimulant, ard by chewing it alone the Indians will perform journeys of three hundred miles, withou’ appearing in the least fatigued * in the province of Chichos are many mings of tilver, and vast herds of cattle In the province of Lipaz, whore the climate is cold, and the agricultural staple barley, ilamas, | Vieufias, alpacas, with deer aud the beautiful chin- chillos, abound Here a kind of copperas, called “ piedra lipaz,’ is found; also, amethysts and othor precicue stones; and here, too, is a great plain. cighteen by one bundred and twenty miles, covered with salt, all rendy fit for table uso. Tho Paray, a tiibutary of the Amazon throng the Madeira, is navigable to Cuatro Ojos, which ig thirty Jeagues only from Santa Croz, the capital of the republic. Bu Lip pisfarto thesouth Itisof the Am zonion water shed that I now wish to epeek, thoogh the tributaries of the great branches of the Amazon ord the La Plata, of the Madeira, the Tapajos, and the Paraguay, co interlap among themselves that it is as difficult to find the “divide” between tho Madrira and the Parnguay as it is to fiud it between tne M ra and the Tapsjos. In 1772, Louis Pinto de Souza caused a voasel of considerable size to be transported from the head waters of the Madeira to those of the La Plata, that he might thus set the exainple of an inland naviga- tion, The portage between the navigable watere of he two was only two miles and # half I: is among the upper tr ies of the Madoira di | benefactor, and afforded him | tion company were application made to him in due form. It is from the Atlantic slopes of Bolivia that we | Hox | Btates, little can be done here. Lakes, too, are yield the most rivers abound in fish, arid the woods with game. Lieutenant Gibbon went to Bolivia to explore the valley of the Madeira, and he is now on his ya: down that river. The Bolivians hailed him ry facility within eS their power. While he was in Cochabamba the attention of that government was called to the subject of establishing, on the navigable waters of the Maderia, ports of en try to foreign commerce, and of contracting with a company to put steamers on her water cours, President of the Republic received the pro} ion in the most gracious manner. Henos the valley of the Madeira becomes an object of special interest at this time, and I may therefore be pardoned for lingering | in it so long, Much of that country is unknown, and the stories | that are told of its riches and its productions are s0 dazzling that we of a gevere climate, acoustomed as we are to a stingy soil, from which its fruits have to be wrung by long and patient labor, are disposed to receive Oi witness accounts of them with some degree of allowance at least far, 1 have made my statements with regard to this subject, pay upon the authority of intelli- gent citizens of that and the neighboring country with whom I have conversed in Peru, and part: upon the authori:y of M. Castelnau, a man of stand- | ing and of erudition, who was sent out by the French government especially to examine that country, and with whom, therefore, over-coloring would be a crime; and, finally, upon the authority of officers whom also the government of the United States has sent there for the sam» Ferner. As being all of a piece with the reports which these give, I quote from the letter of « friend, writ- ten from Lima last summer, and which was before the publication of Castlenau’s travels. Speaking | of Bolivia and her enlightened President, that friend says:— | Since I last wrote to you I have made the acquaintance of Don , & native of Chili, and whom Gibbon saw at @ochabamba, in Bolivia. This Don is undoubtedly aclever man. He rays he has come to Lima tomake some arrangement concerning the monopoly of Peruvian bark. © * * However that may be, he pretends that Belzu, the President of Bolivia, is favorably disposed to- wares us, and wouk tos steam naviga- 5 3 As I know of no other individual in Bolivia with whom I could communicate on the subject of Amazonlan pari- gaticn, I did not hesitate to make ure of him; for, in my opinion, there is no time to be lost if the United States intend to recure the imterior trade of South America for its citizens Don declares that the Mar- | | more is navigable for steamers from @ point moar Co- chabamba to its copfiuerce with the Guapure or Itenez; | and ro onward to the junction of the latter with Bené. forming together the Rio Madeira; that the Ca- chuelas, or falls of the Madeira. are neither impacsablo nor formidable, and cae dg easily ascended by steamers, as there is Plenty of water and no rocks. To prove this, be asserts that a Brazilian schooner ascended the Mamore to Trinidad, and fired a salute at that place. about two ver is of course yeers ago. After passing the falls, the | pavigable to the Amazon. Admitting this statement to be true (and I am inclined to believe it, as the Brazilians | constantly ascended the Itenez to Matto Grosso.) there | is open navigation from Para to Ce bamba, at least 2,000 miles credible when we consider the lengt! Mrcrouri river. The accessibility of the Bolivian rivers, Will, however, be ascertained with greater certainty after | Gibbcn has passed ah i the Cachuclas of the Madeira, | as it is tobe hoped that he will sound, or otherwise mi- | nutely examine, the different rapids of that river, and | correct the errors which fays are in the ehart made | by Palacios, a copy of which Isent you by Mr. O’Brian for Herndon, ‘The account gives of the products of the country lying on the banks of the Marmore is very glowing. He rayr that the richest eccoa and coffee grow almost wild, | and that the greater part of the former is consumed by | the monkeys and for the want of means of trans- ting it toa market. Sugar cane of tic di sions is found everywhere ; white and yellow cotton, of a staple equal to Sea Island. Several kinds of cascarilla grew in abundance, ac also sarsaparilia and gums, orna- mental and other woods, and honey and wax in immense juantities. Crossing the Marmore from Exaltacion to | e southwest, you arrive at the river Machuno, which, according te , is a small Pactolus; and he assures me that the whole country between the Marmore and the | Itevez, from latitude 14th degree to the north. is a gold | distriet as rich as California. My opinion decidedly is, | that the whole country traversed by the rivers from the slope of the eastern Ccrdillera, from Santa Cruz | de la Therra, in Bolivis, tothe mouth of the blige in Peru. is one immense gold and silver region—gold being | found in the flats near the rivers, and silver im the | mountains. I will venture to predict that the same Tegion contains diamonds and other precious stones, and probably some unknown to the lapidary at present. | The silver mines of Carabaya were immensely produc- | tive when worked by Salcedo; £0 much so, that vice- | i | | regal government trumped up an accusation against him, tried, and ordered his execution, to obtain possession of the mines by confiscation The attempt failed, as the Indians. who were devoted to Salcedo, refared to give any information to the government respecting the mines, and they have remained unworked up to the present time. Gold is known to exist im considerable quantities | at Carabaya, and in the Pampa del Sacramento. I have seen spi eps from the former place. hese eget is last atiraction for emigration to Bolivia. ie soil and | its products are the source from which the wanderers from foreign lands are to find plenty and happiness. The climate js said to be good and the Indians, except upon the lower part of the Beni, peaceable, and well disposed | to the whites. In short, according to the east of pein? affords the greatest sphere for trade aud colo- | ization. | ‘Without, however, placing implicit credence in what | states, I determined to avail m; of the influence he undoubtedly posserses with President Belzu to for- ward, a: far as possible, our plan of opening the neviga | tion of the Amazon. and to prevent, as much as [ could, the success of the Brazilian policy of exclusion. Having ascertained from Guarayos, a village of four hundred inhabitants, situated a' the junction of the Mar- | more with the Itenes, on the Bolivian side, and Exalta- cicn,a tewn ot four thousand inhabitants, were the principal places on the Marmore below the town of Trinidad, I proposed to him to write to Belzu, and in- duce him to declare those places ports of entry for foreign eommerce. He caught at the idea at once, and caid it was “muz luminosa,” and wrote tothe President by the last post upon ike subject. He says that Belzu, has deelared that he will make no concessions to the Bragilleros; that | hi the Norte Americanos are the people for him, as they will bring wealth, force. and civilization to Bolivia. I cannot doubt that the Bolivian government will de- clare the places mentioned above, viz:—Guarayos and Exeltacion—ports ef entry to foreign commerce, In that event, there will be one great point gained. It will ehow that Bolivia wishes to open commercial relations | with us; therefore we can in-ist that Brazil shall not throw any impediment in the way of our trade with that republic. Unfortunately, we, as individuals have neither the power nor the means of carrying out this gigantic, this magnificent plan. of opening the finest and most ex- tensive region of the globe to population and civilization. We have gone on so far unaided by the counsel. or even the countenance, of the general government, with the ex- ception of ——— For myself, I feel full of this vart subject; for I know that within Jess then one hundred leagues of mo is t margin of those great solitudes, replete with riches, and ocoupying the wild space where millions of the human | race might dwell in plenty and happiness, where natare annually wastes more than would support the populstion of China in comfort, and where the most luscious fruits and fairest flowers grow and bloom unknown and un- noticed. When I reflect on this, end on the miles of | rivers roliing on in silence and neglect, I feel deubly the | want of power and esse | to accomplish their introduc- tion to the civilized world. To return to the question of internal navigation in South America. Enelosed you will find «slip from the Commercio newspaper, pubished in this city, containing an account of the departure of a small expedition from Paueartambo to explore the river Madre de Dios, The Cuscanians are alive to the importance of com- munioating through their rivers to the Amazon and the Atlantic occa, ond whenever the question ehall be fairly biought before the Peruvian government, and it is ascer- taincd that the United States intend to force open the — through the Brazils, I can count upen tho assistance snd influence of the whole department of Cuzce. and probably of the whole number of senators and deputies trom the encnbasien of the republis. Until some action shall be taken by the gevernment of the United » However. en attendant,”’ it would be well you ware to attempt to organize scompany for the navigation of the South Americen rivers gencrally. becaure, whilat "4 at the Amazon, we :hould not lose right of the La Plata, | ‘Phe country lying upon the head. raters of thet river is better populated tham that on the confluence of the Amazon, and from ell Ican learn, the commerce with | Paraguay slone would amply repay the outlay necessary | to establish a steam company for the waters of the La *phe cocon is described by Castelnau as a bush which rarely attains rix feet in height, and does not often ex- ceed three; its foliage is of a bright green, ite flower white, and ite frvit emsil and red. When the plants are about eighteen inches high they are traneplanted from the seed beds into flelds called cocales. The ripe leaves are gaibered with the fingers. They are dried by apreading them in the fun, sometimes on woollen cloths, This operation requires great care; for the plant must be)pro- tected from ell dampness, which changes its color, and thus dimin'shes its value, It is then packed in bags, weighing from fifty to one hundred and fifty pounds, which ore often transported to great distances, ‘The In- disne wix the cocoa with a email quantity of lime, and constantly carry ® emall bag of it in all their excursions ‘They take it from three to six times a day. De, Tochuai (Travels in Peru vege 453) mentions an Tndian of sixty. two years of age, Was employed by him. and though at very hard work for five days took no other noucish. ment, and rested but two hours of them ght. Imme- diately. or toon afler thir, he accomplished a journey of one hundred miles in two days, and raid that he was ready to do the tame thing again if thy would give him ‘a new supply of coc® Castelnan reys he himeel( know | Of instances es extraordimary. In the time of the Incas, the coos was regarded ns racred. ‘The importence of the coon | however, is diminish ing as the red man dirappears. mm 1786 to 1789), inl sively, Casteluen represento the con-umption of this leat in the vice royalty of Lima aloye at three millions and balf of pounds, and worth one million aod a quarter of | money, end the total consumption of Peru at two Til- lions and # half of dollars, | The qnesiion comes up, therefore; may not the free | navigation of the Amazon introduce this valuable plant | into the commerce of the world ? | + Not long before Lieutenant Merndon was in Peru perty of Peroviens *ho bad been on a gold exploration to the Awagon country returned They had nothing but gounrdsto wach with, and though they met with mspy untoward olroums they ex tracted reven hundred pounds of gold, and returned home | with a large capital. the | patriotic interest in it. perhaps something might be done. | which was ordered by that body to be printed, | sonable pleas, and i | of bis commission, and of the rights and benefits | the pete eervice for s0 many years. he was con- stant! | ef money, and lived honored and respected by all | charge of malfeasance in of iB ' | to add thoreto the accompanying printed brief of it flows through is at all productive. I presume not, as it traverses the Gren Chaco desert. 1 think that the energies and influence of all the friends of South American internal‘nav: and colont vation should be directed towards for: and to obtain the aid the Congress ot inited 8 an undertaking it is to wring am ap ‘ national legislature for apy purpose ; but if the subject could be fairly brought before it and some’of the loading Benators and Representatives could be excited to take a We must onour side do all we can, and by dint of perseversnce may succeed at least in accomplishing our object. Should we do #0, it will be proud satisfaction to ourselves, h the public may. and probably will, leave us to exclaim, * ego versiculos fect tults alter jonores. I hall continue working on. and writing to you when- ever I have anything of the least interest to communi- cate, I think that from this showing I am entitled to fay that commerce up down the Amazon now with Bolivia is not an abs‘raction. Just as I am concluding this number I receive a communication from South America, stating that in all probsbility Bolivia will make, in the month of December, 1852, Exaltacion, on the Madeira, and Rezer, on the Beni—both belonging to the Awazcnian water-shed and to the tributaries of the Madeira—free ports to the commerce of the world; and that the sum of $10,000 will be offered -as a re- ward to the first steamer that shall arrive at cither one of these places. The result of Lieutenant Gibbon’s exploration of there water-coursos are, moreover, looked for, it is said, with exceeding interest by tho povene ic A. The Case of General Gratt. The case of General Gratiot, whe was dismissed from the army some years ago, sed much sym- patty. in this community, where he is favorably own. His case is again brought to our notice by s report of the Judiciary Committee of the Senate, made at the close of the last session of oo leew an a copy of which has just come into our hands. As this document will be interesting to all our army readere, as well as to the numerous friends of Gen- eral Gratiot throughout the country, we copy it be- low entire. The committee, it will be seen, 5 inhigh terms of the career of General Gratiot in the army for a peace of nearly forty years, and virtually acquit jim of the charges alleged against him in 1333, which were made the grounds for his summary dis- missal from the army. They regret that they can- Lot go further than this, ‘‘as it is not in their power to afford an adequate remedy by recommending the pastege ot any law for the relief of the petitioner.” It may not be in the power ef the committee to af- ford redress to this officer, whore career in the army for forty years they declare “‘may justly excite the ride and admiration of every American citizon;” ut if rons has been done to him, as seems to be admitted, the power of remedy should exist some- where in the government. The pleas of General Gratiot are, first, that the summary dismissal was thd@exercise of s power iinige’ and cont to the true meaning and intent of the act of Congress coereyink: it; and, secondly, that the imputed defal- cation did not exist. It is admitted by the com- mittee that both these pleas are reasonable, and should receive attention. Those who think #0, it seems to us, should pire that attention to those rea- they prove well founded, and that General Gratiot has been wrongfully deprived rtaining to it, then the wrong should be repaired. ‘istinct from itsindividual bearing, it appears,to us there isa principle involved in this case which thould be settled. In THE SxNATE oF THE UniTsp Srarzs, Aug. 31. Read, and, in concurrence therewith, ordered that the committee be discharged from farther oonsi- deration of the subject; that the injunction of secrecy be removed from the report, and the do- cuments tubmitted therewith; and that the same be printed for the use of the Senate. The Committee on the Judiciary, te whom was re- ferred the memorial of General Charles Gratiot, after a careful consideration thereof, ask leave to repor ‘Tbat the prayer of the petitioner Is for the expres- sion of the opinion of the Senate upon the legality of the eet ings in the dismissal of the petitioner from the army of the United States. The simple expression of such an opinion soarcely seems consistent with the duty of the Senate, or compatible with the public interest; for it would, Y possibly, imply the necessity of ulterior pro- jedings net contemplated in the petition, and which it would be manifestly im) per to o1 te in this wise, or from this committee at all. far, the committee may be justified in pur- suing ae course desired, they wil proeeed very obeerfully The eareer ef the petitioner in the army of the tates, during a capes of nearly forty ® matter of bisto: iat may justly excite ride and admiration of every American citizen. Brave jn battle, be presided, for a long time, with distinguished honor and ability, at the head of one ey iol a ee = cy Heo bureaus of military jepartments, and has left to the country lasting mo- numents of his skill and science in ies cmetcetion of various magnificent fortifications, both to exhibit | her strength and to ensure her safety. While thus honorably and usefully employed in ly confided in by his country, and never abused er confidence in the disbursement of immense sums classes of men, with no taint of suspicion attaching to bis name. With a» character so high to sustain him, the b ice should be received with great oaution by the people. and rigidly scru tinized by Congress, and no unjust influences, of | any nature whatsoever, should be permitted to pre- | yailin his case; but if, unfortunately, such infla- ences do obtain ground, then it is obviously the im erative duty of Congress to romove them; for no jigher duty devolves upon the federal legislature | than the protection of the honor of its military offi- cers, of which it is, necessarily, to = very great ex- | tent, the chief custodian. In the attainment of this object, no obstacle what- ever should be allowed to interpose. Wherein legis. lation is deficient, it should be supplied, and ail bars of 1wes and rogulatio us of the service should be re- moved; for nothing can be so dear to the American officer as his honor, and nothing should be more a igen e Cree i by the American people than that; for the honor ot the soldiers of the republic is, in no emall measure, the life and spirit of enlight exed freedom. With these brief general observa- tions, the committee will as briefly gevert to the | case of the petitioner. | The case of General Charles itiot, who was the chief of the corps of engineers in the army of the pe es a poe 80 Cie imand are in every circle, and so ly repo. Qj to Con, ly that the history of the whole one is fauailiar to every one. The alleged grisvance which constitutes the cause | of his die: faction, the summary dismirsal of | eine from the hrf inthe year 1838, by | tho President of the United States, first, upon the plea that the powor thus exercised was arbitrary | and contrary to the true meaning and intent of the act of Congress conveying i; aud, secondly, that | ® defaleation in the accounts of tbe petitioner. which was the cause assigned for the removal, did not and never did exist in truth. Ip support of his first plea, the petitioner oxhi bits a mass of testimory, which is certainly entitled | to be very calmly weighed and measured ; and amongst the same is the opivion of the Ge Commanding-in-Chief, upon a parallel case, which ne authority oan be higher. Tn support of the second plea, he denies totally | the truth of the charge of defaloation, and contends | that he is not and never was indebted to the United | Btates for moneys misused by him, and that a just and legal adjustment of his accounts will bring the United States in debt to him; that the withholaing | of the fui pon the demand of the Seore'ary of War, was ensure of self-defence justifies by the circumstances of the case, and that ho was then and is now prepared for an equitable seitlement, which ie hie demand and desire. | It seems to the committee that both of the pleas are reaeonable and should reocive attention, urged, | 88 they aro, with the earnestness ef conssious re0- | titude, by » gallant soldicr, who hag avquired # 1 | mt | right to be heard from the blood be hes spile in battle. Further than this, the committee regrt, they | cannot go, us it is not in their power to aturd an dequate remedy by recommending the presage of any law for the relief of the petitinner; and they therefore ask leavo to be discharged from the fur- tl nisi sion of the subjost. her considera ior 1 sei nd July 12, 1992 Sin—In addition to the proofs of facts sn in my memorial, referred to your comm examination, | respectfully beg leave, throu, you, | the caso, with further evidenve as to tho state of | oppressive duress I was placed under at the time | the demand was made of an ‘sileged balauce as due by me to the United States. This evidence is contained in the letter of General Macomb, of tho 24th January, 1829. The original was lost in tho department; but J certified to with reference to ta | existence, ard the conditions upon which T might We sored to poy the aug Megal’y arkeg Thos | retained and credited to his account. | officer *‘fwils to render his accounts.” | such army; but certai tive body, from the por opinion whether the grounds by the dent, in his order of dismissal, sustained ere founded in a by law, or protective of the ao tied rights of the’ citivem directly attected by that act. Such an expression is all that I now ask. Tho printed report in the case of Licutenant Robe: adverted to above, is aleo enclosed for ne An gp T take the liberty to enclo:e a copy of tho prin! brief for each member of the committee, and, if not incompatible with propriety, muy I ask the favor of you to hand them over, according to their respoe- z | tive address. Tam, with much respect, sir, your most obodisat servant, 0. Gratioz. Hon. A. P. Burisr, of the Senate. Review of General Gratvt’s case, as submitted to the Senate of the United States. The act of the 3let January, 1823, (Memorial, p. 46,) gave authority only to the President to diswiss an officer from the public servico when he failed to render his account for settlement. Mr. Van Buren exproeely charges, *‘ that having neglected to ren- der bis accounts in obedience to the law of January 31, 1823, the said Gen. Charles Gratiot is hereby dismissed from tho gervice of the United States.”’ The right to dismiss under this law, is tho failing to “render his accounts for settlement.” Bat the acoounts of Gen. Gratiot were regularly rendered ; such is the proof. This being the case, evidently th thority of the Prosident was wrongfally exer- gised, because the circumstances to authorise it did not exist ; his accounts and vouchers had been re- gularly rendered to the proper auditor, awaiting hie examination (See Fowle: tacement, No. 10, p. 48 ; and Hogner’s, Pp 49, 50 ) Tt is denied that Gen Gratiot could rightfally be considered a defaulter until his accounts were pro- perly settled at the Department ; and, even when 40 ascertained, the President had no legal control over him, Seer what was derived ander tho law of January 25, 1828, (Memorial, p 44,) which autho- Tized a stoppage of pey until the debt should be li- quidated ; and this was dono in the case under ex- amination ; for, at the time of his dismissal, mora than twelve thousand dollars of pay, &c , had been ‘See pp. 4 avd 77,) ier ms As regards the power to dismiss from service, the President has no authority except under the law of January 31, 1823; even then, he could do ao for no oause other than the law assigns, “‘ failing to rendce his accounts.” They were rendered, and hence the Priek failod to apply. The documentary evidence OWS ._1. That at the time the dismissal took p'ace, am indebtedness was alleged to the amount of $31,712, which Gen. Gratiot had been ordered, om the 28th November, 1888, (see p. 43,) to pay into the Trea- sury, a8 due from him to the United States 2 That before suit was brought against him, vis. on the 30th January, 1839, this claim was reduced, by admiting some credits, for which he had contend- for years ior to the 28th November, 1833, to . 18, (Memorial, p. $4,) a difference of $2,419 against tho sottlement reported on by the Seore- tary ‘ of ie and this pare ee peree tee wore offi- cial ly settled, consequent lor to suit for recov Tag oustaeee (Memorial, p 41) ‘is 3. That after suit was brought, another portion of his claims, amounting to $6,034, (one-fifth of the amount first claimed from Gen. Gratiot,) was aban- doned by the government, clearly showing that he was dinmsioned for not paying $31,712, when it was afterwards voluntarily admitted that the demaad inst him was erroneous and unjust, at least to e amount of $8,463 87; and that the President re- at him to pay into the treasury at least $3,468 , which, as was afterwards admitted, was aciually his own money, (Memorial, 83-1) In this state of affairs, General Gratiot was psromptorily ordered to pay the $31,712; and not only to do this, but algo to surrender his commission. It wasa state of du- ress, clearly manifested by the facts. General mb, who appears a mediator in this matter, says: “Some di your em | perbaps five or six, you ¢ ome, Afverwards saw the coceteay, when stated, I may say te jou, that you ' 4 oa Aled baaesind due b; hae to vernment, an 3 or that you might pay the balance and be tried by eocntte martial; and that if you did not pay the balance, must bs dismissed from the army.” (Seo h'a letter and that of Mr Sanford, enclosed ) There were three alternatives—pay and resi; pay aud be tried by a court, or be dismissed. Ths acceptance of either proposition would have carried the imprers of dishonor. Certainly with no expecta- tion of a favorable reeult could an appeal te a court- martial be at oy fince the paying the sum demanded would have been evidence of the imputed mbezziement. General Gratiot, in this condition factual duress, could act in no other way than Jield to the determination the President might think proper te adopt. Ii, under this coercive proposal, a restgnation had been made, a restoration being asked for, would have been allowed, for in come cases tho Senate hae soruled; but between such cares and :h« present, botla ing compulsory, no difference in principle can be perceived. But General Gratiot was not adefaulter. A olaim srising under his brevet pay, and audited by the Secretary of War, was icient to oover the allo, balance ae against him. (See Memorial, Lewis's and Eaton's depositions, pp. 85, 86, 87.) ‘That paper was lost, or most likely was taken from the files of the accounting officer, whereby its benefit was lost on the final trial. It is not reasonable that i ridual should be prejudiced by the accidental 0 Joss of by bureau officers ch with the settlement of accounts. Had this paper been recovered, it is confidently believed that no ae would have been rendered him; and yet, notwithstanding, an arbiirary balance was assumed to be due, and payment demanded upon terms and couditions most humiliating It has been said that President Van Buren urged that General Gratiot should pay the balance, deducting the amount which was claimed by him. This not true The only propositions offered are those oon- ae ia the letter of General Macomb above re- ferred to. Be it eoxceded that the President can at pleasure dismirs a military officer, with or without reasons; | yet, if he undertakes to give a reason which turas | out to be ill-founded, untrue, the act ought to be | regarded as void. Officers hold their commissions, | a8 is on their faco expressed, *‘ during tho pleasure of the President;” but this cannot mean an arbitra- ry exercire of *‘plossure.” Indeed, it is denied thas the ** pleasure of the President” oan be exorcised im any case made ft gn by the Articles of War. In all such, guilt being imputed, the accused is en- tilled to the benefit of a court martial, and can be punished in no other way. Prerogative righte do not exist with us The President can do nothing | that is not authorised by the constitution and laws. Every citizen is bound to cbey th officer who enters the military service is under an express obligation to re; the Rules and Articles of War, or he is amenable to their penalties, after the manner and on the terms there presented. There cen be ao contrast whero voth engaging partior are not bund. While, then, the officer, on entering the service, pledges bimeelf strictly to regard the sules of war, the President engages that disgraces and punishments shall not bef!] him, except in the ws; and every | mode and magnor, and on the terms, which thoy prescribe * But Congress has thought proper to procesd -omewhat further, and, in their solicitude for the afery of the treasury, inthe act of January 31, 1823. declared that tho President should have power © ditmiss on officer. But in what case? When the The sscount being rendered, (as waa done in Gratiot’e case.) the Jaw is Lele of its penalty; sud if punishment is to be sought for, on account of public monies not being paid over to the treaeury, it must be through a court martial, on 9 charge of emberziomen’ sod unofticer jike conduct; or under the provisions of the sot cf Jaruary 25, 1828, which authorises tho so. queetortug of his pay until the default be liquidated. has been the practice since the enac ment of this law, and to its provisions msoy are now sub) act- ed. But thiee exceptions are to be mot with, it ie believed, to this rule since 1825—the ‘ove General Gratiot. the other Lieut. Roberts, of the army, sad Lieut. Honter, of the navy; and in my humble juégmrnt, the promunciamento, in each case, is it gal and void, and should br the Senate be so 49- clared. The legislstive urm should ever be roady to resist every arbitrary exercise of power, and whom practic ble to coriect it Respovtfally submitted. Wasurxoron, July 12, 1552, Co Gratior. *Gen Giwitot was twice punished, Arst by stoppage of pay, seecnd, by dismiveal, for the sams imputed orime, without irial by bis peers, comtrary to the provisions of the constitution and the lawe floning froin it, Tue Eartngoare —Lhe Newhnryport Herald, of the 20'b vit, thus dearibes the shock of an earth: quake which wae felt in chat pisce on the night of the 47th ult :—“A very heavy expiorion startled onr citizens | st twonty five minutes befure tweire o'clock, on Saturday rigat Jt came from @ nowtherty direction. and was pro- bably from ihe Exeter Pow ler @illt, though no former expiction of these miile ever produced here halé 0 sovece A ocncnrelon, or snyibing like the loud and long report end reverberation, After the chook a roar like « font cbitrney burning, was Getinctiy perceptible tm doors, for two minutes The night was atili aud clear, 4 light ir from N. W; ground wet and soft. it was not the «fect of @ great oxploston, tt muy been one Of thore earthqusices, and the most ae thrm au which & amar Intervals, from memes . My OF Lae Man ee