The New York Herald Newspaper, February 4, 1854, Page 1

THE NEW YORK HERALD. WHOLE NO. 6873. NEWS BY TELEGRA PHIGHLY INTERESTING ‘ROM WASHINGTON, ‘(HIE NEBRASKA QUESTION IN TRE SENATE. Opposition Speech of Mr. Chase. THE BILL CERTAIN TO PASS THAT BODY, ‘Information Relative to Another Koszta | Affair in the House. BUSINESS IN THE NEW YORK LEGISLATURE, ‘Debate in the Senate on the Nebraska Resolutions The Temperance Controversy in the Assembly. INTRODUCTION OF IMPORTANT BILLS. THE WEATHER-~MARKET REPORTS, &e, &., de | The Latest from Washington. | MEBTING OF SENATORS IN FAVOR OF THR NEBRAGKA- j KANSAS BILL, ETO Wasnincton, Feb. 3, 1854. Im acocrdance with a cal! fora meeting of Senators friendly to the Nebraska-Knsas bill, this morning at -] 2) o’elock, the following S-rators sesem dled in the resep- Mon parlor of the Senate chamber :— ‘Messrs. Toucey of Convecticu, President of the meetiog; Norris of New Hampshire, Thompson of New Jersey, Brodhead of Ponnsylvanis, Bayard sad Clayton of Dels- ware, Pratt of Maryland, Mason of Virginia, Badger of North Carolina, Toombs of (isorgia, Fitzpatrick and Clay of Alabama, Adams of Mississippi, Slidell and 3eojamin of Louisiana, Thompson of Kentucky, Petit and Bright of Indiana, Douglas of Tllao!s, Atchison of Misrourl, John- ‘son and Sebastian of Arkansas, Mallory of Florida, Dodge , S2d Jones of lows, Gwin ani Weller of Colifornis. ‘The mesting was conduc:6d with gctat unanimity, and | tt was determined that no question should be allowed to { taterpess watil a vote was had upon the bill, and that while every liberality would be extenced to ‘ebate, all | tactions opposition would be put down. | Thirty Senators, it will be seem, wore present, being a { maaiority of the who'e Serate, as there are fonr vacancies, Several Senators who were absent, such as Mesurs. Banter aed Dixon, are koowa to be in its favor also, ‘The question mey, there‘ore, be considered as settled =o far as the Senate is concerned, it'jbeing now a mere watter of time, The large Ncrthern vole which it will reesive im the Senate will probably have s powerful effect da the House. THIRTY-THIRD CONGRESS, FIRST SESSION, Senate. Wasumncron, Feb. 8, 1864. GRMAT BXCITEMENT—GALLERIES CROWDED, ‘The galleries and lobbies were crowded, and women, against all rule and propriety, were allowed to occupy early all the seats in the re porters’ gallery, where, above all other places, silence ought to be maintained. RELIEF BILLA, ETO, The private calendar was taken up. The following bills were passed without objection:—For the relief of Albert Hart; of Lavizis Tsylor; of Allan G, Johnson; of Adam D. Stuart; of William 3. Factor; of Richard Fitepatrick; of Den Jaan Domercq; of James W. and otbers, for the espture of the British priva Ann, duriog the last war. yao At one o’eleck Mr, Dove1ss, (dem.) of Ill, moved to ‘ ¥ agreed to, and private calendsr, whieh was by nae wok up Cuasa, (tree soll) of Ohio, me 4 ot that bead pensar rerers of the acts of 1860, known Lew, veer ils 4 tt { Ht iy oT ifs bitte > reason that \hey thought the only d the elavery question would i i E E with Tenewa! of strife amd of storm? They denounced as fastionista hed not reaswed had declared that they would support noman @id not sgree that it wae finally settled. It was because slavery again y again wants territory—be @avery wants more States. It was this great inte- ‘which Bad again reorwed the agitatios, and — the quiet ef the people, Acd what was it that now der anded? 1; was that a sacred compast should it renewec! i i E j i LE aie Hag e £58 2 g E i Hi 5 i ae id ‘loge thst th eal caperede ocr over that the: ou or Sipeil te tatooseal ‘compromise? Kot one. com in 1850. ‘were denounced at gE ef e j ‘the grou’ era cc inners © pair etens such anidea. The question had ens. Senator from I! ff ! I sa i: i i i=} H 4 “ i i elk Lee wien, to Nebraa ‘BO one * 4 by ihe ectegrousion of 1860. The ‘te, in oe the inst days of t he always disapproved of , auc had ardently wisued its re Oveasion used these om Tt ie evi compromise cannot be repealed. is concerned, we might as well territory now a6 next year, This anthority he (sr. showing that no i HL is Hit = f nl 8 br if F % 7 F ‘fi i if fe BE E 4 E re uk z z Kl & Bs =a 2 ES. Fe FE E $ i d i PH. ' MORNING EDITION—SATURDAY, FEBRUARY 4, 1854. mitrea did rot thiat then vhst the Mlsson-f vemaromise had bern repealed. I. tre report made by ths commit. | tee, they said th<t Home pe'soos tuought that slavery | was probtbi ed io Nebraska, and thst cthers asserted the right cf Southerm mec, under the oweatiotion, to carcy their property into the territory, What iv tais case, do | the commit ee ray ae 3 Propose todo? Supersede the Migtouri compromise? No. Recealit? No Tnst ithas been re pealed orruperseded? No, But th 4 that as im 18560 it was dirputed whether the Mexican laws hibited slavery in New Mexioo and Utah, Congress thea retrained from sffirming or repealing that Mexican law ; ittes proposed that Congress ahouli re- 1g OF repeating the Mis our! prohibition. In thetr report, the como ittee said that it was neither wise | Bo” prodent forCongreas to decide one way cr the other,and | thus wake up this agitation an: excitement, bat that the | Most advisable course was to refrain from and avoid ary actior, and leave the watt-r of the right to introduce ala- | very there to the ieee conan, aiybile She oo nalttes re 8 bill on e did not agree that the bill avoided action ream, but atill up to that day, no one bad avs: the doctrine that the Missourt Com- | ere) bad been repes'ed by the acts of 1860, On the ith of January, the act reported on the 4th was publish ¢@ in the Ws jtop Sentinel; on the 10:h of Ja: act was again Miahed in the Sentinel with a first section. Even this section did mot ex; slavebolders to take their to the tory. It would be remembered that the bill ficst appeared in the Se. | mate om Saturday. It again appesred on jay. Hewon- dered if there had beem any Saaday work in all this. On the 16th of Cong Avg Senator from Kentucky submitted his amendment. et came square up to a repeal of the Misscuri compromise. and pridaced ke sup; some tation. One of the plainest ruies of philosophy w: jat there was no offect without s cazse. He srded Re ent fourth, 2 enlterentncl ancien U) f seven days om ent of. fered by Mr. Dixon. an entirely new bill was reporte’ b; ‘the Senator from Illinois from his committer, axd in it ‘was incorporated that amendment. This new bi'l de olared that the constitution. and all the laws of the United States shall be in full force im said territory, ox- an ee sighth ae ot sae isan ns which, havi: rr e pI ples of com proms 18£0, ‘in doolared in ae operative, On that 24th day of Janu- ary, 1864, this tree of Upas was frst planted. Never un- til that day had this coctrine been presented the Senate, or anywhere else Was the itrine correct ? Was there a Senator present who was im the Sonate ia 1556, who believed iD, Or at any time since, that there was avy supereedare of the Missouri ocompro- mire by the Legislature of 1860? He appealed to the Senator from Virginia to say whether he then, or at eny time up to the 24th of January, ever heard euch doctrine areerted by be ore? When the first bill was reported 6,000 ccpiee of the reper: of the committee ‘were printed and distributed. In that report the bill wav justified on very different grounds from what it was in ‘the apeech of th: : had made an issue as to the correctness of the statement contained in the address signed by the independent demo- crate. That he was rane to maintain in all particulars, It was founded on truth. The Senstor might as well attack Gibraltar. It was impregnable in ellits particulars. The first it was that the cempro mise of 1850 was confined to the territories acquired from. Mexico, and that by suppressing some facts and falet'ying others, there had been a plausidie case made out by the address, That these asta were cond-ed to the territory @cquired from Mexico the Serator denied. The c:mmit tee of thirteen who reported the compromise acts in their written report expressly declare that they are continued to the territory acquired Mexix0. He sppealed to the aes pom i to Le apa ee committee in ypa ing thore acts, suppose were to epp!y to an; tort ‘ory but that acquired from Mexico. my Mi [Mr. Caro was not heard to make any reply, but Mr. an eae as if he had been answered affiroa- ly. The Senator from Illinois bad laid grest stress upon the fact that part of the territory acquired from Louls!- apa bad been juded in the bounds of Utah. He read the boundaries of Utah, and traced them oma map. and said that it was true that in following the boundaries om the Rocky Mountains s small spot contained within ® curve of the mountsine had been included in Uteh, Dut the place was eo amell that the tip of his finger completely covered it om the map; yet one who had heard the Senator sposk of it would hav it to be sp extensive region torn from the L: Oretion axd put into Utah, for the express purpose of showing that the Missourl compromise hai abro- gated. He examined also on the map the original boun- ceries of Texas, and snowed that all which hed been cut off f her limits north of £6 30 hed not been included within New Mexico, as stated by Mr. Donglas. He did mot sccuse the Snetor, in making these erroneous as- seitions, with a falsification of the records and history of the facts. He knew the Senator. like all other was liable to err He did not desire to re‘ort 8n scousstion. i such He would state what he be, Meved to be the trath, leave others to their He would + peak of facts an’ men withor tion the truth or bonor, apy crowd. The Senator was greatly mist poriog that he had spproashed bia with a» smii oravy tess Ca el La saw ety the pt for = rpose of bavivg an opportunity of sending forth Saremn, He hed dose 2¢ such thing. The resolatien of auoexation with Texas was a compact made between Texas and the Uni:eo S.ates. By that compset, which the tes had full self, that all cf her territory north abould be forever free. This was a compact, and carried the Misconri one. He adverted to Mason's amendment ‘the acts of 1850, and contenced that it was intended and Preeerve the com) with Texas extend north ef 36 40 in any terri! How. then, oc ald those acts promise, when that com; served from their operat ‘the Ser ator’s argument that the early tion was to limit slavery by a qucted from Jefferson to show that te coleaieas nie from the one ‘was to abolish the slave after the adoption of the constitution, ‘that all the terri! north of 31, ceded or to the United States, should be cr oF ritory then owned by the United sege of that patos there territory mot covered by within the limits of som territory not included in some was fiee and to be free forever, at that time was not indifference between slavery and freedom, but all of the Uatted States over which Corgress had control was covered with the im. penetrable wgis of freedom. On s forner occssion he bad expr the opinion, been adopted by others, that the clause in the constita- tion, al'owing a reprerentation for the three-fifths of the siave pepulation mueh to do with the adoption of the ordinaoce of eighty-seven. If it was a concession for the ordinance the greater the force of that great compact, Thecenstitution of the United States was not ‘8 pro-slavery document. It was fourded on the princi- ple of humen freedom. It was no: predicated on proper- ko but rested with the security of perrons, He regarded the provision of the constitution that no person shall be deprived of pis life, liberty, or proj without due process of law, as a suiliclent probibition of slavery where the constitution sad laws of the United States were the sole law. Slavery could only exist by virtue of scme lceal law; but the provision of the constitation had not been #0 ‘rega: In the early policy of this giverpment # gecgrapbica!l line was never hg 4 f to very, North Carolina ceded sbeSes8 & F i Fe i tees | nited States, but fearing leat would probibit slavery in that t rritory,expi stipuleied asa condition of the cession that slavery ebould be permitted for the same reason mace the same condition aher act ef ceision to the United States, When Loni:iana was to coded he United States, no geographical line wae thought of. Sla- very did then exist there, In ‘19 the people of the free Staten, alarmed at the increase and spread of slavery agaipnt Te | #0 establisned, resisted the admis. sen of as & State with slay ; and whenthe 'b Il was pending to allow the people of Missouri to form a Sate they desired that she should come in wibe ation prohibiticg slavery. va Of wgergraphical line then Tae whole resistance wae in the principle that slavery should be confined to its original mits im the States. The people of the North were unanimous in desiring that this principle should be maintained. The South resisted The ition to probibit slavery north of Roath, but from Mr. He gare the history of gave tl o on Missouri nota. wan atopted Biottion' adopted for the ion was ‘ohfbition Missoari would Serial Sree ties roe of Noone then allowed. eorth of 86 50,"an been made {t would never have time the South said, ‘Give us Missouri ; slavery south of 36 89, and we will join you in the pro- hibition of it north of that lice ” The North Sout united in that ibidom. There was the admission of Miseourt, and compensation for it wasthe bition north of 8650, The for the prohibition was (ke admission of Missouri. It was a solemn compact between the ier} from which mrither could recede without diserecit. While no act of Congress was legal: Lirepes lable, this morally ought so to be vead from Niles’ Register to show that considered am arrangement to be forever bindiag the parties It was compact forced on the North. It was ®% compast fron: which the South bad received all the benefit, Missourl and Ar. kantas hat been admitted. The South had got all the terri ory she bad expected ander the compa: €l4 she now prepove? The South now got all the benefit we oam derive from the ¥6 row wish to throw ap the The Conmentoh to secede {rose ee acleer seer all yorcitory frre, and fixed this line as @ eth of fee tor % = = Department on ths lot of Ootodsr theresttsr; aod npom 9 evidence, which was sabitantintd by tno oath of avother ‘person, Mr. Eger Dognelly, a prespor! was given tobim. “12 conctnet " Mr Mavay enys, “I fo Dot ¢iscover any principte by virtue of whtoh this govern. ment cap claim, af4 rm ter of right, the release of Mr, Toursig. He has volnnterily placed himself withia the juriediction of auetria, and is sufl-riog, as appears by tho sre Wa you present it, for the act» he hea done in vin- lation of those Jaws while bh» was an Aastriaa subject. ‘Tbough you sre not instrocted to demsnd his release as & soatter of right, you will «xiea¢ to him sach s*sistance slave law, Toxes boundary and Oailforoia, all | s« can penpentyt be given to shorten the peciod of his eon: rtof it. The South fot the fugitive slave isw, | finement, and emavie bia te return, if he iz ro disposet, the ad. lition of slave aucti 6 the District of Columbis, | to the United States.” and a che noe ‘o get into the Territories, The North got Several documents were Isid on the table and ordered California. Thore who framed that compromise thouxht | to be pointed, when the House ned till Mond: they bad settled the quest ion forever’ Political, com. soem rate ama y! Affaire at the State Capital. Veuttons had declared it forever setiled; ‘and {t was now proposed to set it aide by REYURN OF THE HARBOR BXOROACHMENT COMMITTER —TKEBRAtKA UP AND POSTPONED—IMPORTANT AS Tepealing the compromise of 1820. which it ex- expressly confirmed. He earnestly appealed to Seua- SESSMENT, BILL IN THE SENATA—TBE NEW AUDITOR -—KBSOLUTIONS OF COUNCILMEN IN THB LBGISLA- tors whether they would not adopt his amentment, TURE—THBB CONTESTED BRAT IN THE AN and stribe from ‘he bill a deslaration so directly in con flict with the histor cal fact. It would be far more manly (OUsB—, OPPONENT OF THE MAINE LAW VOTED OUT OF TIS SEAT—A PRIBND OF IT VOTED IN, ETO. to tell the North that they were tired of the Missouri Com pact and cestred to set it aside, than to do so indi- SPECIAL CORRESPONDENCE OF THE NEW YORK HERALD, Aunany, Feb, 8, 1854, rei by asserting what was directly contradicted by the facta yet fresh in the recollection of most of Sanyt or mee a bern three eras the very country. Senators Brooks and Pratt resumed their seats this was our own emancipation, in which ihe Ofour cwa wronge induced a lively sense of the horrors | orning, after en abesnee ofa week, In making examina Sees, ote ss pe The S:atew, | tions with regard to the encroschments of certain spirited acting ev ‘bis, man; ma did al " Brooklye in attempting we'was abolished, amd the Lines of tlovery, daily eniouner = src amas ker. ‘The next was the era of eonserrati+r, river, They prisewte® mo report of their proceedings, mn Fr ge: Leite dn) Boor Ba ie ay bd though it {s understood that one is in a state of prepara- are, jet us sustain e aring thi posing crm’ at was that’ the covatitution of [iltoot was | 108 Senator Dickingoa, always sctive in dls - adopted That covstitution, while it declared all | tons before the Senate, again moved the adoption of re b free foe aed Ment =. Re noriant an his Nebraska resolutions. The floor was taken by Mr. Put. et: por ay, of men, In ey | nam, an unyieldingand talented allver gray of Bu(fal: bed made frequent 9} to Congrers to reall , ang rs Sheus tenes tae prohibition c the Gelaauay or 87, who made an able apd eloquent speech. He was followed but ie —— pied brpniening tae fy by Mr. Brooks, who aleo spoke balf an hour. It was evi. wae Bw aint . ves exietin loots, but slavery wae never introduced into apy part of the Northwes; | (et from tho remarks of both of those Yenators, that territory, «Ho. know of doslsions im Titscls' whieh de- | the Whig platiorm promated by Mr. Diakinson bas not gases (oe [ep born _ heartened) to their free- | been ocnstructed with the assent of either of those two Ss ‘om. next ora was that of slavery propagandism. | ators, the latter gentleman belisving that the Missouri Every foot ef the territory acquired "to! xioo was 2 Raton to every eten to he sovecsd by the decree of Mex. | compromise was not superseded by the comprominen of 1860, as they related to entirely different sections of ter- ritory; still, he was pot in favor of legislating for all fu- ture time. When he concluded, the subject was again postponed; and when taken up, Mr. Brooks will preseat a series of counter resolutions. The democratic Senators will remain quiet, giving the two wings of the whiz party “ample room and verge enough” until all their propositions are presented, when Mr. Sarr or Mr. Danforth, (hard shells.) will give the teo abolishing tlavery. That Mexican decree was in full force throughout those territories ; yet Congress, by the ia there democratic opinion apon Nebrasks. Sone three or four bills were considered in committee. Senator M. acts of 1850, told the South that they might get with their slaves, if could Another era was H. Clark called up the Temperance bill; but upon the solicitation of Wm. Olarke, he withdrew his motion, covoesrion. Shall the sone of those who me. that oom pact «> rtiil further, and repudiate it? Wh} was the Compromise of 1550? It was that Call’ornia sho.\d come in free, anc the territories be left to act for th-m'éelves. The territory was then free, Mexican jaw proh 'bited slavery end Congress did not repeal that law. The wi principle in the compromire, if it had epy was that a.’ Fart of the newly asquired territiry as was ready for admiration +hovld ocme in free, and that the reat should be free to adept their own constitution for themselves, the existing Mexican lawto be atill in force. The com: | {+@ consisted of various acta. The Toriories, the to follow. This discussion and this measure would Fgh another era—the era of reaction, This provided the bil! was made the a; order for twelve o’o\ock to-morrow, which was Lieut. Govarnor might be ‘passed by the Senate; might the "House, but it it did you’ wil Bod will consume those Church took the ohair this moroing, after an absence cf a few de; ae fire throughont the lavd who kindle it. The Senator from Iiliacis stated that this 6 followiog is a oopy of a bill introduced into the Senate this morning by Mr. Whitrey. 1t is of so much Dill was founded on the principle of popular suffrage. authorised — to the citizens of New York that it is thought pl ee kr aoa ai thi “ wi lon of the peo; Premise orisid He aah vd indispessable to furnish the readers of the Harrap with @ copy at the earliest practicable moment. This is it:— souri compromise, is to be set acide, thea a: A ACT TO AMEND AN ACT ENTIULED ‘' AN ACT TO AUTHORIZE THR compromises, a vay with all compacts between North and Sou'b, ai let un rete to the ancient SALE OF REAL. ESTATE, IN CERTAIN CASES, TO PAY ASSKSMRYTS, ABD FOR OTHER: ’? PASSED MAY 26, 1841, policy of confining rv toits limits witbin the Sta! and of gvarantying that in no territery of an United States should apy man bs deprived of his life, liberty, or rty, without due of law. He quoted irom Pirckney prophetic picture of the destiay of this country, to be ai tained only by a strict adherence feo. 1. The pecple, &c—Io care any order or decree heretofore made or entered, or hereafier to be ie and entered, urder or by virtue of the power or anthorit; contaired in said act, shall embrace, ‘or direot to be nold, ‘ greater quavtity or mumber of portl or lets of |i than sball on the asle under the or‘er or drores be to plighted faith and honor; and eloquently ap) all to stand by the solemn compact and plighted found necessary to be solt in order to raise or produce an sount of money suffi ient tome etand satisfy the require- pealed to faith of 1820, ‘The great crowd continned in attendance until the ‘was closed Mr. Bavcum, (whig) of N.C., moved that whem the Sevate adjourn, it be to Monday. Mr Mason, (dem.) of Va.—I hope aot. Mr. Dovotas— We can get through with the bill to- morrow. Mr. Mason—I ask the yeas and nays on the moticn. ay Chg pea was hig and Soe follows ae Himalip’ Jones of ‘Tennessee, Nort! Everett, Fish, ts of the said order A fewardy Baielde, Smith, Stuart, Sumner, Wade, my a ‘= en decree; and It after tach sales 5 om the parcels or lots of Iand embraced in th : fp aeyy tee Gerd nie aeeer wi Boe inal ie a ne oan Neuter uosold as aforesaid. it. shall be y , " jonsin, wfal and competent for the court in which such order ome ot Iowa, ‘Douglas, Evans, Fitspatrick, Honter, | or decree was entered, from time to time, upon the pati- Mason, Pettit, Pratt, Sebastian, Slidell, | tion of elther of the parties to the suit in which such a ‘ fa = ad Jow Jersey, Toucey, Weller, Wi arden cx aaeene was apace $5 direst # sale of 20 many 5 of eal 8 80 re end subsequent, Mr. Dixox, (whig) of Ky., got the floor, and the Senate | or arseared an aforesaid, as shall be seeaty to olen adjourned. satisfy ruch snl juent taxes Gr assessments, and the a expexzes of the application, and the proce: dings House of Representatives. ‘erg Section 2. All sales or conveyances made under or »: ‘Wasuvaton, Feb. 3, 1864. virtue of an order or une don such petit shalt ‘The House vent into Committees on en the Committee rosr, tweaty six bills were passed. RXBCUTIVE COMMUMOATIONS— AateNTOAy Crrvess In acerait— | , Sec. 3. The Court direct notice to be and once at requesting him to commauntoate to potable with the public interest, any corres) yet’ Tenner ta he i Ape parte Is'raat Aur with reference to lai 6 of this prayed for should not be goverpment. Legs 0 7 poner from | gzantec. The of notice shall be deemed our' R Viena s, Nov. 23, 1858, Sed beld to be suffidieat service upon all the parties to inwhioh Be ey ‘Mr. Maroy :—“It vould not be im; the uit, and their Ives, Of the petition and for tre to remark that the recent difficulties between Uhe notice of motion for \he order, roments of the United States and Austria are evi- . 4. This aot shall take offest Immediately. Etntly affected for the time by the intercourse be- eters Dee et Bint ike ian ane American citizens and Austrian authorities | money have beet er, late Fget . | for bis coun: a cont rele- agen rterbagne os nn mee ges eg Feslous or | tion to the constivaticnality of canal inv of 1881. Of cir rights. A partaber of thie feeling myself, I may be course the books show the sums, but in or¢er that the permitted to say that T cannot but observe {f {a others. ee eee Mr. Dickinson offered the following, pn Bay a autaee Reroived, that the Auditor of the Canal Department mace to the legation, and which my demand the Senate, at his earliest convenien se, the a more serious consideration. It has been presoried fa a | Us paid to attorneys ard counsel ‘er professional ser- letter from one Simon Tauesig, a copy of which is here. the case of & mandamus on the relation of Erastas gainst George W. Newell, Auditor of the Osi t, under chapter 466 laws of 1850, known a the law authorising the eolaryement of the Erie and th completion of the Genesee Valley and Black Kiver canals, giving the name of each person empl: yed, and the sums paid to each, and from wh.t fand the same wag pal. te Ka sad amt ‘was one of the mcst prominent counsel for Ne Mr. Schoonmaker has seat in his first veto to the e lature. It ceems the Legislature of last year s bill allowing a man to a) al ap- praiser and prorecute his te for dameges sustained by falling through « canal britge, and that {if any amount was awarded with forwarded. It will be perceived from the psrusal of that letter that ihe writer represents himseif as bei ———_ —— and ‘ep brides 4 been parsport fiom your department at it would seem, unless be bas erred date of his going to America, that he sufiictent time in the country to become s citizen in ac cordance with the law. I have addressed a note Minister of Foreign Affairs, of which I forward a oo; Tedexprening the hope toes thle lnstideal may be ‘expressing the a may be per- mitted to leave the Austrian dominions. It %, possible that Imay be gratifiedin this hope and that the e g! s = before the inst, ment wil in the hi ing the citizenship of one whe was formerly an Austrian mubject, acq ‘under our naturalization te it will insist upon retaining porsension of b Shourd the facts of the case, therefore, as they hereafter be developed, confirm the statement of Mr. Toursig, simple and uppretending as these facts are, = o, questicn may arite for consideration and set- ment,’ In Novercber, 1863, Mr. Toussig addressed a letter to our cherge, dated Prague, setting forth that in the year 1849 he went with a tto the United States, and fettled himse!f at in Middlesex county, _- chusetts, and beceme a citizen of the United States. In 1863 be obtained « pass) from the State Department ana went back to Austris to conduct @ helpless family, a wicow and five small cbildren, to their relatives in Prague. Stabe! Lovers, se pesca GOS writ eoiees | Sy te earatn, im smetll fo pal ee asses be particularly sensitive upom a matter t: uch- of the Aucitor ‘'sppropriated to the ordiaa- ry exp of canal repairs.”” An award/ot eight hundred Collare was allowed the petitioner, Mr. Hi Hall, but Mr, Schoopmaker ssys uch moneys cannot thus be ap- may | piled, because the first section of article seven of the con- stitution direc'a what disposilice shall be made of the see ering Trom fale throvgh a Wridge aaa breaking a arising @ bri ing @ man’s leg, can be ‘considered a phased ay “ ordimary canal re pairr,’’ which are to bo paid for out of certain on- al funds, ‘The Auditor recommends the present. Legisla- ture to make a specific a] tion, if they think pro per, to diecharge this . This is the first intimation given by the present Auditor of bis intention to places literal construction upow all laws appertaining to his cutis. He will proves second Azariah ©. Fiagg, so far as husbanding the funds of the State is concerned. ‘The police ob‘ of bis t and refused In the Bouse, Mr. Ware presented tbe reselutions re- to revarn it im, that he might ons ; and they | cently adopted by the Board of New York Councilmen, aaid to bim, 28D emigrant and ought to | om the udvject of the salary, fees ant perquisites of the Corpo: ation Attormey. The case of the contested seat of the second district of Jefferson county was again taken upon the report mace, uoder instrnet’ons given yeater- day by Mr. Baker, After debs ing the matter for two boars, Mr, Sees'cns offered @ resolution declaring that Mr. Adams, the sity member, ja not entitied to the seat, and anotber that Mr. Willis Is entitled toit, Me, A¢ams presented an amendment allowing him even days time to proceed to Jeflereon county im search of testimony. This drew out s considerable debste, and as the orntestants are both whigs, that ride of the house did all ing themeel be punished for that, or must be; and secondly, you can: not become a citizen of any country before you gst leave of your covereign ’ He relates his troubles in the en- deavor toobtsin back bis passport, and appeals Charge for an _interposii of his official authority Our ar addressed a letter to Count Buol Shawen- stein, Cate eS 1853, the s'atement motives which brovght this individaa! {ato bis imperial Mojesty’s dominions; of the fact that he was received under e passpert from the American ‘that itis important (or bim to leave very early be to express the confident hope that talk. democrats not caring whether the “ white or red roses"? eucceete]. The debate, however, was involved ia great mystery, and i} tock Mr. Little- FE will cha to expiain it Be said, anxious as be was to apeedi- qeobjeet tw a cpeoty Gye he eathorition in Prague not | 17s tiie a greet moral question (the Maine liquor aw) Our Charge, on the 84 of December, sgain writes to Mr, | imme ‘ately, still he was willing to give Mr. Ades the privilege asked for. tating thet At Marcy, stating thet the Austrian Minister of Foreign At. If thet was not granted the pablic ont ionthani was known faire said that Mr. Toussig was on Austrian sabject; that he had left Austria some months ago with a pass; conse the House of unfairness, as it that Mr. smelt Europe; that, somehow or other, he had found | Adams was = to the Maine law and Mr. Willis in his way to the United States; but that he was not the | ‘svor of{t. In order thet no such sus might reat Jens am Austrian subject, and that his American passport | 0pom the /rieads of the bill, being « large majority of the 614 rot make him an American olt rep, From some ex. | House, Mr. I. was willing to grant the indu asked resnions he employed 1a the eourse of his oar | for. ifr, Stirling, the lawite from Datchess, cared Ebarge drew the. inferense’ the a he nothing for publis opinion om the outside, but Aunt. ian government, Mr. Toussig imeelf pt setion. The vote was fi taken, and Mr. orimipally amenable to the would | Adama was cenied the of hunt be dealt with . “Nt Charge | 26 was then voted out by ell the members ex while the ‘Winister time | and Mr. Willis voted in by all except five. Mr. i Ari ay uy or a nseee | Evin snd whcage the sop dal vec fees th ‘Aus. | bar eer: « just ae predieted In the Huaatp io yesterday’s et cam transfer his | Jeeps". « During the discussion on the Tem perance bill yester*ay, om (6 member tated tbat Jadge Bronaca bad the that if the += ico jaw ts to comtrol the de- | dill as violating no pro the constitution. stan following bill to medical bas been rican eiti- | read twice in ti ‘and is now awaiting the action yoid. To interfere further, therefore, | of the Committee of the Whole:— to attack the Jaw of Austria regulating the na The People of the State of New York, represented in tore and obligations of al ce.” nd penny ee enact as follows: — ir. Marey wrote ® letter to our Charge, dated Jai 1. It ehall be the daty of any wardea, superintsn- Mtn eh he cae be Sarl, oviduct eoeren,Smmenne ote che ere rel case of Mr. , and ment, 6: jarge anv, of tus privons. to And It is one which will not authorise a store eitestre | penitentiarion or alms house deparime yi f of the State, tupported entirely st public expense, 893 Josn ted ia oltien whore exereds sand inhabitants, to Mr. Touralg left this country with a port coliver to apy regular! 4 medical sollege or the Btate ent, Dut as he was weitere native | rcbcol in the state, «a Spplioati’ iy from the trnateos or borm or raturalized citizen, be was not entitled to it, It | teachers thereof, for the purpow g of medical a0: surgical fs Gorly to o'tizens that thers passports are issuel, | stndy, the remaine or body of any person dying ta any of As Mr. Tousig one, 1% wan proper to sscer- | the s/oresaid ieatitations v oder their ohargs; provided tain the means by whish be procured it. Oa ex | that the said remaing + not have bees claicied or de- aminisg the reser of the Departmont, the Secretary |.rwanced for interment br gny relative or fried of said hall be interred tm ’, ’ tbat the remsatun of us, "real macner; aad provided, alae, cumstances Oy og ip cored & ret ‘a to bare relaticus, whether sear or and of no ove eonfined for debt or as a witnens, or on suspicion of ori#:, and of no proper traveller, nor of say person who shall Awe expressed @ desire in bin last siok- news that bis bo'y wy be inter reé, shall be deliversd for the purpess sforessi¢, but shall be burted ia tow osval Wanner; end it shall be the duty of the #atd wardca or said other officers to faithfully protect the rights of hu- Wasity which thease provisions are iatended to seoure; nor shall this act be understood to apply to any indir! duals who are uacer the charge cf the Commissioners of Emigration, or ol any emigrant soctaties, or of any other private sssosiation for the relief or benefit of the poor, notwithatanding the said poor way de supported exslu- tively ot rhe pubdlic expanse. Seo. 2 The rewains er bodies of such as may be de- livered to the medical schools snd collegss as aforesaid, shall be used for th eh Cescribed im this act, in this State only, and ver shall remove such remaios beyond the Mimire of thin State, shall, on coavicticn, bo ac jndged guilty of « criminal offence, sod shell be impri soned in one of the State prisons of this Stete'for a term not lers then one year, ae eball also any ph; me. cieal student or other person who shall use said renains for apy other purpose auch as is described in this act. Seo, 2. All laws inconsistent with thisact are hereby repealed. Sec. 4. This sc! to take effect immediately, NEW YORK LEGISLATURE. Senate. Aunany, Feb, 8, 1864, FATITIONS, HTC, Numerous petitions of a local character were seat in to-day. A remonstrance, eigned by many citizens of Utios, against incorporating companies to navigate tho lakes, rivers and canals of the State, was presented. RRAL ESTATE. Mr. Wirrnc introduced a bill amending the law aithor ing the sale of real estate in certain oss:s. BUILDINGS IN NEW YORK, RTO. Mr. Brooxs iptroduced « bill for the better security of mechanics erecting building in New York olty, Hs alio gave notice of a bill allowing the Mechanica’ Association to increase the aggregate of real estate. THE NEBRASKA QUESTION. A brief debate was hed on the resolutions as to the Nebraska bill, when they were laid over. LIGHT BOUEES ON THE HUDSON RIVER, Mr. Brooks reported favorably in relation to granting to the United States jurisdiction over certain lacds for lighthouse purposes. TBE GENTRAL ORDERS Were then taken Up, ard a number of bills acted upoe, after which the Senate adjeurned. Amombly. THURSDAY AFTERNOON'S SESSION. THE PBRATE ON THK BILI FOR THM GUPPRRSSION OF INTEM- PRRANOR, An ¢rror occurred in the report of Mr, Burnett's re- marke eo geo! yesterday. He desired to adhere to recogni: rules of evidence, not whether those rules Wers in consonance with the constitution or not, but whether they colocided with the intentions of the framers of the bill or nos. The House then went into Committee of the Whole, Mr. Benedict in the chair, acd resumed the covrideration of the act for the suppression of intemperance The motion pending tostrike eut the 11th section, Mr. Baker, (whig) of Monigomery, sald that the seation, as it stande, wes, in his opinion, » clear viola- tion of the constitution of the United States. It at- tempted the infraction of rights secured to the people by fundamental bill of rights. It establisheda system. of espionege and unwarrsntable search. He could see 20 Cifference whether @ sesrot spy system was created by a republican Lexislature, or by sn arbitrary despot. If there is any difference at all, it is sgaimst the former, for in the latter case the reeponsidility oan be Axed. The whole system, wherever it is instituted, is obmoxious. Ag by this bill, it is pot oply obnoxious, but un- estabiisl ty constitutional ; and, if adopted, it woula be scorned and repudiated, own constituency would wholly disre- gerd it; acd in doing 90, they woule do wo violence to the funcsmental law cf the land. They sre a lsw-abing peo- ple ; they adhere to the constitution of the United States ; and they would find their justifcation, not in acy “bigher law,’’ but in that instrament ; and the constita- enties of other gentlemen would be found equally at variance with this statute. It would prove to have only the consistency of » rope of sand. Mr, Buanm1, (whig) of Essex, hoped the admendment, in its lepgth ana breadth, wi uid not be adopted, becauss Ubere are provisions in the section which are neoersary to ‘the harmony of the bill Bat some is 5 Some of the worda used are very remarkable; and while had no doubt of the parity of the originators of the bill, still be thcvght an they progressed with it they became over- heated in their zeal, and dic not properly weigh the words Su cegtehcimd snsen eects em threugh the labyrinth iato whic! It is remarkable that in thie section the ter: “ a bad been substituted for the word ‘‘belief,’” w! the latte: was not sufficient to bri Jegitimere evideros In ordipary a! in required to swear that he “believes, believe,’ what he affirms. ve hive the diluted phrase, gurpect.” ‘The officer ris Bot suspecting—nay, not even re He bas only to swear that be has reason to suspect. deGnitions are of vast impertanee in legal Mr. B, proceeded to give Webster’s defiaition of reasot to + im thts section of this bill According to ng a ad entertaized without mere imagivation. Lord Baca says “s duces @ man to suspect more readily than to know Dut little. Now, are the rights of people to be surrendered upom the mere ings of an ignorant man? This isthe rule recognized by this section. could not samotien it. Nor could he believe that any msn would be willing to have his rights placed at the ercy of the suspicion of any setofmea. It would be ageing back tothe worst cays of the French revolution. Mr. B. believed, upon his cemreeee, of the past, that the ost active friends of this would become its earllest enemies, for its enemies will be the first to seek to en- force ita cdious provisions. The most active temperance men have always been accused of being secret drinkers. If, therefore, & search may be instituted on mere sus- ictom, whose dwelling will be secure? Is it not probable frat ‘the enemies of the bill will conapire to a1 tem- peracce men. if they can do so with impanity? What in m ble? Ali that they will have to swear to is, that yuspect, or if bg he? not suspect, that they have reason to suspect those they wish to annoy have liquor in their cellars? And if this can be Cone, is it not probable that it will be done? He thought it might aod would be, and heoce he not, without fete Bye y 80 his sense of justice to the constitution of the land and to bis own conscience, vote for this seo- tion as it stood. The motion to strike eut the 11th section was lost. Mr. Kinnny, (whig) of Onondags, moved to amend the Ae as to read, “ bosdeve aud have good reason to believe. Mr. Massony, (whig) of Ontario, suggested that it would bo bette? So mb the phrasesl-ty sontorm to that of the the pinth rection, which {s, ‘has reason to be- eve ard does beheve.’? a ee accepted this modification, ard it was adopt: Mr. Moertry Hurcmson, (whig) of Caynga, moved to add to the eleventh rection the words, ‘ Bat no dwell- ing house shall be searched, or fps Aree therein, without warrant, ar provided in the ninth section.” Mr. Sxastons, (whig) of Chautscque—The ninth rection relates to fixed ‘ties in which liquor is sold. The eleventh section is designed to reach temporary booths, &3., euch s#are usually put up om the occasion of pa- recea, fairs, ¢xhibitions, &¢, where the offieer would have to proceed summarily to be effective, Hence, in hia cpinion, the adoption of this amendment would render the rection whol'y inoperative, Mr. Bicrcmyson dissented from this opinion. Those who drafted the bill undoubtedly intended, ia this sec. tion, to reach booths, &s,; and yet it fe clear that ite lsngusge would reach domiciles and shops as an Deotbs and other temporary structares, Nor could the language of his amendment be mirunderstood or mitcon- ctrued, It speaks of dwellicg houses, and will only bear npom rach places, It does not relate to the open places in the {rome {ate vicinity of these publie gatherings, and Levee did not come within the range of the criticiam of the gentleman from Chautanque. Mr Srewions argued that the ninth and eleventh sections id not conflict; and as dwellings were fully guarded by the former section, the places referred to in the latter caprot be construed to mean dwelling houses. If he was wrong in this view of the two rections, he ht vote for the amendment. Otherwise he Coors it usoless. Mr.[Lonmn, (whig) of Livingston—I want to hare this law 00 plain that @ wayfaring man, though # fool, need not err in regard to it, Ihave mo desire to the esta which sees ey ee aes ition t ‘ave no wish to render it doubifal whether sltizens dwellings are or are otected from unreasonable search, upon insufficie Mr. taruasonx, (whig) of Onwego—I desire to see this amendment adopted. If It is not I should fear thet the courts would Ceclare the section to be {a eonfict with}:he copstitation. i Mr. MALLORY sonsidered the amendment important; but {tdrd not, in luis opinion, enongh. He had off-red an amendment lact even’ which should have been adopted; and, with due defereace to those who voted it own, he would say thst it would have been sdopted if #0 many bad not come to the House with n> other ides io thelr minde than a bill to suppress intemperanco—how- ever that bill might cor tt'ot with reeogaized rales of evi- Cenceand the plain provisions of the constitution. Mr. coresed to compere the rection with the fourth ‘eof the amend mente of the constitution, and added that ft was said that Chencellor Walworth bad given it as his opinion that this bil was constitutional. He would helieve that be had given such an opinion when he saw it in writing, or heard {t from his own tips, Meanwhile this report cnly embarrawed—tt did not convince him, Ho beloved that this eleventh rection was im conflict ‘ith the eenstitution, and to cbviate this objection ho pro- posed am pmendment elmilar to that which he hed, here- tofere offered to the ninth rection. The amen’.ment he destred to bave passed read as follows :—' Aod no warrant eball issue under this or the precedieg eig’sth and aiath eeotions, unless soch warrant sball partitalarly deseribe the plage to be searched, and the person or things to be qi A wi oid Mr, Tons, (uate) of Waar, me bee sovton te proteoted The devitings of our att: PRICE TWO CENTS. | enn; or if ft dif not, nothing Ieee than what rx: peo! | pow “by ths gontiiasan fntea nbanle. Cate, denier 10. wait. D. P. Woos, gee i gs Fuste nod Mr, lsllory’s amend: Offered by i me ment, in preferéiice 8 One is Mr. Horanmsom further sustained his amendment at Jength, reiterating his opinion that the section, as it mow stood, wea not im accordance with the constitation. Mr. Lon, (whig) of N. Y., feared the bill might be Ceclered unconstitutional, ualeas tae amendment pro- } Posed by Mr. Mallory was adopted, and yet, if it were adopted, the bill would not be as effective im regarl to ‘those corrupt gathering places as ite friends bad hoped it mien be a Path ‘would not do to hasard the whale’ iT] by proposing a too summary proces: f ba ve era dod 22 sto reach those Mr. Bakxn—I om in favor of Mr. Mallory’s because it will be the equivalent of Ty motion foe cut tho entire section, # short time ago voted down by the committee. Mr. Boromnsom withdrew his amentment, and Me. Mallory’s amendment was adepted. Thus ded the eleventh section was adopted. ‘The 12th and 13th eections were adopted without amend. ment. Mr. Mat1oay moved to strike ous the word “positive” before the word ‘proof,’ im the 16th line of the 14th see- tion. ‘The word proof was all that was . The additional word itive’? wee only am Lal it would be en! superfuoas. Mr. Jor, (free soil dem.) of Tompkins, waa in favor ef this change; but be did that che legal « gentlemen bill, would nave upom the Howe, in disoussiog who were not givem to muh 5; sa their as The awendment was acopted. Mr: Moauus, (national dem.) o! Kings, moved to strike ont that part of the léth which declares that the custom house certificate, marks, ete, shail not be sufl- pe aaapnnisype the fact that - —— of ized are ginal packages. Mr. amendment at len, chiefy to show thst the tore could pot « to a jury what they sbould not reorive aa sufficient evidence. Mr Matiory took the position that s custom house eer- tificate or custom house mark could rot, and should be received as evidence that the cask selsed wasan gipal packsge; and this is all the section deolares. Meeers. Peters, Littlejobm, Leigh and Morris, farther 6 bated the amendment, and it was lost. The House then adjourned. Aunary, Feb. 3, 1864. STRERTH IN NEW YORK, Mr. Waas presented the preamble and resolutions ef the New York Common Council in reference to the cast of cpening streets in that city—in favor of Senator Wha ney’s dill om the subject. OONTESTED SEAT. The Honse then took up the question of the conteste! seat in Jefferson county, ‘The seat was finally awarded to Mr. Willis, by a ‘16 to 6, and the Assembly took a recess. Non-Arrival of the Arabias Boston, Feb. 3-12 The lines east of this have been inturrapted this eve- ning, and our last Cespatch from Halifax is dated aime o’clook P, M., at which hour there were no signs of the Arabia. e from Rio de Janeiro. RISE IN COFFEE—MUERDERER SENT HOMS, ETO. Batrmons, Feb. 3, 1854, pbs bark Virginia, from Rio, December 27th, arrived 70 to- th December the English mai) steamer arri- a ea the news pepe igre oof al Up, #8) reals; stristly forte heteg were ail " Pratoe total sales’ f ‘moath 180,000 bags. Of which from 30,000 to 30,000 were om speculation. The stock om hand was 140, bags. The market fer flour wae dull at 22/000. ‘The Virgivis brings a man named Johe Leston, who le sent home by the United States Comsul to be tried for the murder of ‘les Brown. The Weather. Bostom, Feb, 3, 1864 __It has been snowing here all this forenoon. Barrons, Feb. 3, 1854 ‘The thermometer in this city, which was w i bt di im the shade lay, this m pad to twenty-five above tore we. <aporieneed e mendous gale and snow squalls during the night. Prmapatraia, Feb. 8—5 P. ML The warmth and sunshine of yesterday were succeeded leek this morning by a violent ae at, accompanied vith mow, which not ecase until about noon, when it became calm and clear. Philadelphia Consolidation Bill, d&c. Pumapatenta, Feb. 3, ‘The consclidation bill was signed last evening by Gew- erncr Bigler,{at Erie. A train of ten cars started this morning om the openiag of the Belvidere Railroad to Easton. ‘The Governorship of Maine. ‘Avauara, Me. Foo. 3, 1864. Mersra. Crosby and Morrill were selecied by tne House to Cay, to be srnt,to the Senate ar cancidates for Gover- nor, by the following vote: —~ Ir. Cros! Mr. Moriill, tem; ee Cemoorat Mr. Pilisbury, Mr Holmes, oat demecrat... The Senate will vote on the question to morrow. c oe en veneces Berea Captain Crighton, of the Thi se Bells, Tort here for Now York this afternoon, in the hal! past five o’olook train. Captain Lowe, of the Kilby, goes to Bal\imure to-merrow. Railroad Intelligenco—Mazine Disaster. BALTIMORE, Feo. 8, 1854 The Virginia House of Delegates, yesterday, resolved that it ls expedient to grant the Pittsburg and Steuben- ville Railroad right of way across Pan Hendie. The schooner Henry |’. Russell, which cleared from Baltimore ow the @lst ult. for Wi N.G,, re tarned this morning, having been rum isto of Idand by two @utting her down to the e oc ge. tion. Circrnmatt, Feb. 2, 1866. ia- Tke interests of the Cincinnati and Marietta aad cinnati and liegt Railway com were oom solidated to-day, the latter being into the former, Another Railroad Collision. LOCOMOTIVE AND CARS SHATTERED, BUT NO LIVES Lost. Provinancs, Feb. 3, 1864 The New York freight train from aod the freight train which left this city at 10 40 A collision et Sharon Hill, The motive nea: ly demolished, and badly smashed. The engineers and ipjared. Ww. R Lee f Oakland, Mich from two to were siene by their paren aie the house, whlon caupat Gre, ard the children were all burned to death. Destructive Fire in North & The extersive leather enamel factor: in North Balem, was destroyed by fire last night, together with » large beers adjoining, occupied as ® eurrier’s shop. Loss not stated. i Charleston Races. Cuartaston, Feb. 2, 1864. For the three mile puree, Red liye walked over. For the two mile sweepsteake, Mr. ’ Equinox won the first best im 8:50, amd pr ay pa | and third heats, in 3:62 and 4m. Pontes tintin de’= 3-2 7 sonars from Jail. sent Oe Te eeraa, H.-A FURS we Six priconers encepe? from jail Ina: night, oft the iron barn of ‘heir cells. They were awaiting sen- tence for State prison offences. Markets Cramton, Feb, 2 1864, ik the: a) S ‘ales, Iriower) The market having ‘reouvered. the, Tesemt Receipts of Etre clize, clones at last week's quotations. week, 12,600 bales; stook om hand, 60,900 ————eaeee Marine Affairs. Yon EcRorR—The Colline steamship Atlantic, Ospt; West, leaves at noca to-day for Liverpool. She is expected to take out about sixty Tra Sreacunr Norm Licnt will sai! at her useaal howe. to-dey for Ban Juan, Nicaragus, to conoeot with the,” stes mer Cortes om the Paciic. Treasury Notes ml Beb, 1, 1854. Recueran’s Orrice, ae , Amount outstanding of the sevaral insues to 244 July, 1846, as per records of this offi Arzour t outa! jaaue Jaly, 1816, 08 per ditto. «sass Shaan ve 4,100 08 Amoust outstanding of the issue of 13th Jana- ery, 1847, as per Cito... 6.0.0.6 secsesenge 9400 08 — 9114,161 06 Dednet cancelled > ot ee ‘counting officers, al under acts prior LEG181, ATURE.—. i! a! Mage 18h, "of the Legislature, there is but one gentioman tinguished . The others are cial , lawyers, farmers, at