The New York Herald Newspaper, February 3, 1858, Page 1

THE NEW YORK HERALD. a WHOLE NO. 7824. MORNING EDITION—WEDNESDaY, FEBR IXPORTANT FROM WASHINGTON. paricsicenaen. hve Special Message of the President and the Lecompton Constitution. Opening of the Grand Kansas Ball in Congress, Speeches of Messrs. Seward, Hale, Bigier, Dougias amd Toombs, in the Senate, EXCITING SCENES iN THE HOUSE. Motion to Refer the Message to a Select Committee, ao, ko, &o. @RIRTY-FIFTH CONGRESS, FIRST SESSION. Senate. Wasuineron, Feb. 2, 1858. PREPARING DOOUMENTS AND PAPERS. Mr. Weson, (opp.) of Mass., presented the memorial of BE, R. Livingston, of Massachusetts, to be appointed to au- perimtend and aid in the preparation of the catalogue, ab- stract and index of the original documents and papers of the United States. He said that Mr. Livingston has indexed the official papers of Massachusetts from 1774 to 1857, on an original plan, which met with the commendation of the effivial authorities and literary mon. He hoped the Com mitee on the Library would agree to the proposed which wourd be of immense yaiue to public Poaped jvm torical staaenta. ‘TmE AMISTAD CASE. Mr. Masox, (adm.) of Va., from the Committee on Fo- reign Relations, reported @ billto indemnify the master and owners of the Spanish schooner Amistad and cargo, in- ‘volving payment tor alleged siaves. Mr. Skwaxp, (opp.) of N. Y., in behalf of Mr. Foot and himself, submitted a minority report, stating that the ‘laina, in their opinion, was mot supported by facts or law. The Senate then passed the House bill appropriating $360,000 for the support of the national armories. ‘The Senate then resumed the consideration of THR ARMY WILL. Mr. Skwarp would vote for an increased force if he knew that the troops now in Kansas would be withdrawa, but be was unwilling to do so without an announcement to that effect. He could not consent to have the army em- ployed to enforce a constitution which a large majority ef the people of Kansas reject. Such a crisis had now ar- rived—that he doubted whether the President would dare to use the army for that purpose; but he wished to be aseored of this before he voted for the proposed increase, Covgress moust pass bills paying the army, and he never would vote a dollar for the army to be used for that pur- yoce in Kansas, no matter if the wheels of government came to 2 dead stand, us was the case (wo years ago. He would favor the increase for the purp »se of putting dowa ‘he rebellion in Utah, but ouly to be employed so long ae necessary for the purpose and Wen disbauded. Mr. Hus, (opp.) of N. H:, had levened with extreme paia, disappointment and mortification, to the speech of the Senator, equal to that which ten years ago he had beard from Daniel Webster, when he put himself mt the feet of the slave power, W be used and spurned by them. Unless the republican party take a firm and decided stand against the in- erease of the military power of goverament, they will yo down apd ought to go down, and be would ve the first w rally the people to repudiate a party with great profes sions avd high priociples, but wanting in carrying out their measures. His plan was notto give a mao nora dollar to increase the army. After referring to the large uuaber of draught animals who died from com and starvation on the route to Utah, he enid if this was a bill to furnish the President with pru- dence and ciscretion, he would vote liberally for such ap- propriauons. (laughter.) Mr. Sewarp replied by stating his course was influenced by aregard to the interests of the whole country. He knew nothing, nor cared nothing for party. He thought the mistake of Mr. Hale and others was in thinking the battle was bot yet over when it was. It was a struggle for womerical ascendency between the free and slave States. There were now sixteen free, and Afteea slave— and whatever administrations or anybody else might do there would be before snother year nineteen to fifteen. THE KANSAS QUESTION—THE LECOMPTON CONSTI FCTION, The President tranemitted the Lecompton cvustituioa to: the Senate, accompanied by & special message, as fol- dows: — MESSAGE OF THE PRESIDENT. Wasmvarox, Feb, 2, 1858. To mie Skate xo Hovse oF Rerresestanived:— I have received from Mr. Calhoun, President of the late Constitutional Convention of Kansas, a copy, duly certified by himself, of the constitution framed by that body, with the expression of the hope that] would submit the same to the consideration of Gongress, ‘‘with the view of the admission of Kansas into the Union as an independent State.”’ In comphance with this request I herewith trans- mitto Congress for its action the constitution of Kansas, with the ordinance reapecting the public lands, as well as the letier of Mr. Calhoun, dated Lecompton, the 14th ult., ty which they were accompanied. Having received but a fingle copy of the constitution and ordinance, I seud this | to the Senate. A great delusion seems to pervade the pudlic mind in relation to the condition of parties in Kansas, This ‘arises from the difficulty of inducing the American people to renlize the fact that any portion of them should be in a state of rebellion against the government under which | they live. When we speak of the affairs of Kansas wo ‘are apt to refer merely to the existence of two violent po- litical parties im that Territory, divided by the question of glavery, just as we apoak of such parties in States. This presente no adequate idea of the state of the case. The dividing line there is not between two political partics, both acknowledging the lawful existence of the govern- ment, but between those who are loyal to this govern- ment and those who have endeavored to destroy its ex- fatence by force and usurpation—betwoen those who sus- tain and those who bave done all in their power to over- throw the Territorial government established by Congress. This government they would long since have sub- verted bad it not been protected from assaults by tho troops of the United States. Such has been the condition of affairs since my inauguration. Ever since that period + ®large portion of the people of Kansaa have been in a state of robeliion against the government, with a military leader at their head, of most turbulent and dangerous cisaracter. They have never acknowledged, but have constantly renounced and defled, the government to which they owe allegiance, and have been all the time in a state of resistance against its authority. They have all the time been endeavoring to subvert it aod establish a revo- lutionary government under the so-called Topeka consti tation in ite stead. Even at this very moment the Topeka Legislature arc in session. Whoever has read the cor- » reapondence of Governor Walker with the State Depart- ‘ment, recently communicated to the Senate, will be con vineed that this picturo is not overdrawn. He always prowsted agasnst the withdrawal of any portion of the miiiiary force he United States from tho Territory, deeming ite presen e absolutely necessary for the prosor- vation of the regular government, and the execution of tho laws. in bis very first despatch to the Secretary of Svat», dated Jone 2, 1997, he saya A most alarm ng movement, however, procesds from he ageembiing of the eo calied in Lagisiature, with ae view w the enactment of an entire cove of jaws. O couree 16 Wii De my codeavor to prevent such # result, as would lead t an inevitable and disastrous collision, 4, in fact, renew civil war in Kansas, ‘This was prevented by the.eiforta of Governor Walker, * bet soon be had to sond to General Harney \» request | bie Wo furuish @ regiment Of dragons to proceed to the *) of Ta erence, and this for the reason that he had re ce ved authentic intalligeaos, verified by his own actual oteorration, that & dangerous robetiion hat ocgnered, in volving open deflanes of the lawa and tho ostahtieh sant oS insorgent government in that city Governor's despatch ef July 15 he informe the { Pecretary of State that 46. The moreuent in Lawrence was the baginning of o ‘ plan, orig ng in that city, to orranime an throughout the Territory, and epecially towne, cities and covatiog where the repabi party have a mujority Law is the hot bed of all abolition movements in this Territory. 1 io the town by the abolition societies of Uo East, and, whilst there area res le number of people there, it is filled @ cons! ble number of Decent, x are the oer sactetinn perpetuate throughout Kansas, an prevent the peaceful of this question. Having failed in inducing their own so-called Topeka State Legis- lature to organize this {esurrection, Lawrence has com. menced it herself, and if mot arrested rebeltion will extend throughout the Territory. And again:— ‘Im order to send this communication immediately b; oe Fee Ca) assuring cae’ eh these irit of rang jes tl t mass ry t ‘this Reales, instigated a8 oatertate no doubt they are, by Faster societies, having ia view resulte most disastrous: to the government and the Union, and that the continued presepoe of Gereral Harney is indispensable, as was originally stipulated by me, witha large body of On the 20th of July, 1857, General Lane, under the au- thority of. the Topeka Convention undertook, as Governor Walker saye:— Te organize the whole free State ty into volunteers, and to the names of all who refuse enrolment. The Cd was to protect the pose the lature = The 0! in taking the names of all who refase enrolment is to terrify the free State conservatives into submission. This is proved by the recent atrocities com- mitted on such men The - the y speedy loca. tton of large bodies regular troops here with two bat- teries ia » The Lawrence insurgents await the developements of this new military organizatic In the Governor’s despatch of July 27 he says:— Lane and his staff everywhere deny the authority of the Territorial laws, and counsel a ‘otal disregard of enactments. Without making further quotations of a similar charac- ter from other despatches of Governor Walker, it appears by reference to Secretary Stantoe’s communication to General Cass on the 9h of December last, that ‘the im- portant step of calling the Legislature together was taken after Governor Walker had become satisfied that ‘the election ordered by the Convention on the 21st instant could not be conducted without collision and bloodshed. Bo intense was the disloyal feeling among the enemies of the government established by Congress, that an election which afforded them opportunities, if in the majority, of making Kansas a free Siate, according to their own pro- fessed desire, could not be conducted without collision and bloodshed. The truth is, that until the present moment the enemies of the existing government etill adhere to their Topeka revolutionary constitutional government. The very Srst paragraph of the message of Governor Ro- Dingon, dated 7th of December, to the Topeka Legislature, now assembled at Lawrence, contains an open defiance of the laws and constitution of the United States. The Gover- nor eays:— The Convention which framed the Topeka constitution originated with the people of the Kansas Territory. They bave adopted and ratified the same twice by a direct vote; also indirectly through two elections of State officers an: members ot the State Les, Bad it has pleased the administration regard the whole proceeding revolu- tionary. This Topeka government adhered to with such treason- able pertinacity is a government in direct opposition to the existing government presented aid recognized by Con- oh usurpation of the same character as it would be for 8 portion #f the people of any State to undertake to estab- lish @ separate government within its limits for the pur- pose of redressing any grievance, real or imaginary, of which they might complain, against the legitimate State goverpment. Such a principle if carried into execution, would destroy all lawful authority and produce universal aparchy. From this statement of facts the reason becomes palpable why the enemies of the government authorized by Congress, have refused to vote for the delegates to the Kaneas constitutional convention, and aso, afterwards, on the question of slavery, submitted by it to the people. It is because they have even refused to sanction or recog- nise any other constitution than that framed at Topeka. Tiad the whole Lecomptof constitution been submitted to the people, the adherents of this organization would doubt- lees have voted against it, because if successful they would thus have removed the obstacles out of the way of their own revolutionary constitution. They would have done this, not upon the consideration of the merits of the whole or part of the Lecompton constitu- tion, but simply because they have ever resieted the authority of the government authorized by Congress from which {t emanated. Such beig the unfortunate condition of affairs in the Territory, what was the right as weil as the duty of the law-abiding people. Were they silently and patiently to submit to the Topeka usarpation or to adopt the necessary measure to establish a constitution under the authority of the organic law of Congress. That this law recognized the right of the people of the Territory, without an enabling act of Comgress,.to form a State constitution, is too clear for argument. Fo: Congress “to leave the people of the Territory perfectly free’ in fra- ming their constimtion ‘to form and regulate their domestic institutions in their owa way, subject only to the constitation of the United States,” and then to say that they thall not be permitted to proceed and frame the constitution in theirown way, without ex- press authority from Congress, appears to bo almost a contradiction of terms It would be much more plausible to contend that Congress had no power to pass such an enabling act, than to argue that the people of a Territory might be kept ont of the Union for an indefiaite period, and until it might please Congress to permit them to exer- cise the right of self government. This would be to adopt, not their own way, but the way which Congress might prescribe. It is impossible that any people could have proceeded with more regularity in the formation of a con- stitution than the people of Kensas have done. It was necessary, first, to aacertain whether !t was the desire of the people to be relieved from Territorial dependence, and establish a State government. For this purpose the Territorial Legislature, in 1855, passed a law for taking the renee of the people of the Territory upon the expediency of calling & convention to form a State constitution, At the general election to be held in October, 1866, the «gense of the people” was accordingly taken, and they decided in favor of a constitution. It is true that at this election the enemies of the Terr!- torial government did not vote, because they were then engaged at Topeka, without the slightest pretext of law- ful authority, in framing ® constitution of their own for subverting the Territorial government. In pursuance of ‘this decision of the people in favor of the convention. the Territorial Legi#lature,om the 27th of February, 1857, passed an act for the election of delegates on the third Monday of June, 1857, to frame a State constitution. This Jaw is us fair in ts provisions as any that ever passed a legislative body for a similar purpose. The right of suf. frage at this eloction is clearly and justly defined. Every bona fide citizen of the United States, above the age of twenty-one, and who had resided therein for three months previous to that date was entitled toa vote. In order to avoid all interference from neighboring States and Territories with the freedom and fairness of the election, a provision ‘was made for the registry of qualified voters, and pur- suant thereof nine thousand two humired and fifty one voters were registered. Governor Walker did hia whole duty in urging all qualified citizons of Kansas to vote at this election. In his inaugural address on the 27th of Mag he informed them that— Under our practice the preliminary act of framing 4 Stato constitution is unitormiy performed through the instra- menta.ity of a conven tioa of delegates chosen by the peo ple themse ves. That convertion is now about to be elected by you under the call of the Torritorial 4 fiala ture, created ang stil! recognized by the atthority of Con gress, and clowe by it, im the comprehensive laageage tho organic law, *ith full power to make «: ment. The Terr iorial Legislature, then, ! sie Convention wore fully austaioed by the ne kiess, abd Lhe ausority oi the Convention ty ognized i My instructions from th. Ir United States, ‘The Governor aiso clearly ant distinctly informs thea what would Se tho comsequonces | thoy du ot parcipate in the cleciiop, The jennie of roe, then, Do gaya, “are invited dy th. est authority known to the o ation Ww jar ticipate free'y and fairly in the ection of de! ere to tramo a constitution and State government * 1 haa performed §* on! ro appropriate function w extends to the people the right of enifrage, bet it c performance of that duty, Tar however and wherever free who ab: tua from the exarsiae compel me w ole Union le, thos suMago ththorive Whose who do vole to act for fn that antirie Ad absenters are ge mnieh born under the ton netilution, whore there te es fF ory by 1.4 of the majority of those whe 4 vote, a8 if ali hal participated in the election, Other@ie, as ve must be voluntary, self government woo! | | improcticaie, and monarchy of despotisn: would somna's as the on rnative It tay a'so be. bserwad that at this perio’ any h if such bel evited, that the Topeka c m PRICE TWO CENTS. ever be recognized by doped. Congress had adjourned on the 3d of March pre- vious, having recognized the legal existence of the Terri- torial Leg'slature in a variety of forms, which I neod net enumerate. Indeed, tho delegate elected to the House of Representatives under a Territorial law had been adinitted toa seat and had just completed his term of service the day previous to my inauguration. This was the propitious moment for settling all the diffl. culties of Kaneas—thie the time for abandoning the revo- lutionary Topeka organization, and for the enemies of the existing government to conform to the laws and unite with its friends in framing a State constitution, But t!'s they refused to do, ana the consequences of their refusal 0 submit to the lawful authority and vote. the election for delegates may yet prove to be of the most deplorablo character. Would that the respect for the laws of the Jand which 80 eminently distinguished the men of the past generation could be revived. It isa © sregard and viola- tion of law which has for years kept the Territory of Kan- sas in a state of almost open rebellion agaiast its govern- ment; | is bo same spirit which has produced actual re- Dellion im Utah, Our only satety consists in obedionce and conformity to the law. Should a general spirit against Its on- forcement prevail this will prove fatal to us as @ natioa, We acknowledge no master but law, and should we cut loose from its restraints and every one do what seemeth good in his own eyes, our case would indeed be hopeless. ‘The enemies of Territorial government determined still to resist the authority of Congress. They refused to vote for the delegates to the Convention, not because from cir- cumstances Which I need not detail there was an omission to register the comparatively few voters who were inha- bitants of certain counties in Kansas in the early spring o 1867, but because they had determined at all hazards to adhere to their reyoluvionary organization and defeat the establishment of any other constitution than that which they had framed at Topeka. The election was, therefore, suffered to pass by default ; but of this result the qualiffed electors who refused to vote can never justly complain. From this review it is manifest that the Lecompton Con- vention, according to every principle of constitutional law, was legally constituted and invested with power to frame a constitution. The sacred principle of popular sovereignty has been invoked in favor of the enemies of law and order in Kan- as; but in what manner is popular sovereignty to be ex- ercised in this country if not through the instrumentality of established law? In certain small republics of ancient times people did assemble in primary meet: ings, passed laws and directed public affairs. In eur country this is manifestly impossible. Popular sovereignty can be exercised here only through the ballot; and if the people will refuse the exercise of it in this manner, as they have done in Kansas at the election of delegates, it is not for them to complain that their rights have been violated. The Kansas Conven- tion, thus lawfully constituted, proceeded to frame a con- stitution, and having completed the work, finally ad- journed on the 7th of November last. They did not think proper to submit the whole of this constitution to the popular vote, but did submit the question whether Kansas should be a free or slave State to the people. This was the question which bad convulsed the Union and shaken it to its very centre. This was the question which had lighted the flames of civil war in Kansas, and produced dangerous sectional parties throughout the confederacy. It was of a character go paramount in respect to the condition of Kansas as to rivet the anxious attention of the people of the whole country upon it alone. No persoa thought of any other question. For my own part, when I instructed Governor Walker in general terms in favor of submitting the constitution to the people, I had no object tn view except the all absorbing question of slavery. In what manner the people of Kansas might rogulate their other concerns was uot the subject which attracted my attention. In fact, the general provisions of recent 3.ato constitutions, after an experience of eighty years, are 80 stinilar and excelent, that it would be diMcult to go far wrong at the present day in framing a new constitution. I then believed, and still believe, that under the organic act the Kansas Convention were bound to submit this all important question of slavery to the peopie. It was never my opinion, however, that independently of this act they would have been bound to submit any portion of the constitution tos popular vote in order to give it validity. Had T entertained such an opinion, this would have been !n opposition to many precedents in our history, commencing in the very best age of our republic, It would Lave been in opposition to the principle which pervades our institutions and which is every day carried into practice. he people have a right to delegate to th tha representatives chosea by themselves their sovereign power to frame a constitution, enact laws and perform many other important acts, wituout requiring that these should be subject to their subsequent approbation. It would be & most joconvenient Limitation of their own power, im. posed by the poople upon themselves, to excinde them from exercising their sovereignty in any lawful mannor which they mightthink proper. It is true that the people of Kansas might, if they had pleased, have required the Convention to submit tho constitution to a popular vote, but this they have not done, Tho only remedy, therefore, in this case, is that which exists in all other similar cases. If the delegates who framed the Kansas copetitution have in any manner vio- lated the will of their constituents, the people always pos- sees the power to change their constitution or laws accord- ing to their own pleasure. The question of slavery was submitted to the glection of the people on the 21st of De- cember last, co to the mandate of the constitu- tion, Hore ag adherenta of the jority, to decide'this excitfmg question ‘in their own way ,”” ‘and thus restore the peace of the distracted Territory; but they agiin refused to exercise the right of popular sovereignty, and agein suffered the election to pass by de- fault, I heartily rejoice that a wiser and better spirit pre- vailed among a large majority of these people on the fret Monday im January, and that they did om that day vote under the Lecompton constitution, for a Governor and other State officers, a member of Congress and members of the Legislature. This election was warmly contested by the parties, and « larger vote polled than at any previous election in the Torrt. tory. We may now reasonably hope the revo- lutionary Topeka organization will be speedily and formally abandoned, and this will go far towards final settlement of the uubappy differences in Kansas. If frauds have been committed at this election by one or both parties, the Legislature and people of Kansas, under their constitution, kuow how to redress themselves and punish these detestable but too common crimes with- out outeide interference, The people of Kansas have then “in their own way, and in strict accordance with the organic act, framed a cosstitution and Btate govern- ment, have submitted the all important question of slavery to the people, and have elected a Governor, a member of Congress, members of the State Legislature and*other ‘State ofMfcerr,”’ and they now ask admission into the Union onder this constitution, repablican im its form. It ie for Congress to decide whether they will admit or reject the State which has thus been cated. For my own part Iam decidedly in favor of ite admis- rion and thus terminating the Kaneas question. This will carry out the great principle of non-intervention, sane tionod by the organic act, which ceclares, in express Ian- geage, fn Mevor of the now intervention of Congress with ry i the States and Territories, leaving the people evtate thetr domestic inst yet tomy w Ue oom ed inthe Territorial Lagislatore w or by v r provt i tne off rr tion of the fesuit ‘ atu acters Siniva + mmoner, by looutining the yn hue Ht te the paopte wets patriot apaiously capes ite bh i from h ‘ scouts ' os the Teriitor been propa . to the Toion te # govercign State, and when | 1 stat Congress mus; have boen aban- | that may follow ite rejection. Domestic peace will be the happy consequence of the admission, and that fae Terri- tory, hitherto torn by dinsensions, wilt rapidly i- | the crease in population and wealth, and epecdily realize the biessings and comfort waich follow agriculture and mechanical industry. The people, then, will be sove- reign, and can regulate their affairs in their own way. If the majority of them desire to abo ish domestic slavery within the State there is no other poasible mode by which it can be effected #0 specdily as by its prompt admission ‘The will of the majority is supreme and irresistible when expressed in an orderly and lawful manner. It can un- make constitutions at pleasure. It would be absurd to say that they can impose fetters upon their ewn power which they cannot afterwards remove. If they could do this they might tie their own hands just as well! for hun- dred as for ten years. These aro the fundamental prin- ciples of American freedom, and are recognized in some form by every State constitution, and if Congress in the act of admission should think proper to recognise them 1 can perceive no objection. ‘This has been done emphatically in the constitution of Kansas, It declares in f8 bill of rights that “all political power is inherent in the people,”’ and al! freegovernments are founded on their authority and instituted for their be- nefit, and there’ore have at all times an inalienable and indeteazable right to alter, reform and abolish their form UARY 3, 1858. of government, in such manner as they may think proper The great State of New York is at this moment governed under a constitution framed and established in direct op- position to the mode prescribed by a previous constitution. If, therefore, a provision changing the constitution of Kaneas after the year 1864 could by possibility be constru- ed into a prohibition to make such change previous to that period of prohibition, it would be wholly unavailing. The Le- gislature already elected may at ite first seesion submitthe | 74D eetonts, question to a vote of the people whether they will or not have a convention to amend their constifution, and adopt all necesrary means for giving effect to the popular will. It has been solemnly adjudged by the highest judicial ‘ribunal that slavery exists in Kansas by virtue of the constitution of the United States. Kansas is therefore at this moment as much a slave State as Georgia or South Carolina. Without this the equality of the sovereign States comprising the Union would be violated, and the use and enjoyment of a Territory acquired by tne common treasure of all the States would be closed against the people and property of nearly one-half the members of the confederacy, Slavery can therefore never be pro- hibited in Kansas, except through the means of a constitu- tional provision ; and in no other manner can this be obtained so promptly, if the majority of the people desire it, as by admitting her into the Union under her present constitu- tion. On the other hand, should Congress reject the con- stitution under the idea of affording the disaffected in Kansas a third opportunity to prohibit slavery in the Stata, which they might have done twice before, if inthe majo- rity, no man can foretell the consequences. If Congress, | for the sake of those men who refused to vote for dele- gates to the Convention, when they might have excluded slavery from the constitution, and who afterwards refused to vote on the 21at of December, when theywnight, as they (adm. ) of Ga. , said that but for the character which My. Trumbull thought proper to make message, have been content to let tt goto itself, but such had been the na. ture of bpm edig hyper Itto (a hanks arty CO that policy bad indicated Mr. on the |, and at the same time Be »bjection on ground that the inhabitants of Kansas do bet desire a State government. But while the Topeka movement was without the sanction of law and in opposi- tion to law, the Lecom Convention met in pursuance of an act ab Territorial logt embodying the will of the people, The Lecom) constitution is clothed with legality, while the constitution was made in de- flance of the laws of the land, ‘Adjourned, House of Representatives. ‘Wasurneton, Feb, 2, 1858, THE ONTO CONTESTED ELECTION CASR. Mr. Harris, (adm.) of Til., gave notice that he would to- morrow move to take up the contested olection case of Vallandigham against Campbell, in order to dispose of the preliminary questions involved therein. ‘TRE PRINTING DRFICIRNCY HILL. The House resumed the consideration of the Printing Deficiency bill. The House spent several hours in consideration of the bill, which appropriated $790,000, and after amending, Y rejected is, 67 against 135. THH KANSAS QUESTION AND THE LECOMPTON CONSTITUTION— ‘MESSAGE YROM THE PRESIDENT—EXCITING SCENES. ‘6 message was received and read. {Given in the Senate proceedings. | Mr. Srevnxns, (adm.) of Ga., moved that it be printed and referred to the Committee on Territories, gnd as the hour was late (now four o’clock) thought it better to adjourn, Mr. Haxnis, (adm.) of Illinois, hoped that the House would not adjourn. Mr. Grow, (opp.) of Pa., and Mr. Hughes, (adm.) of Indiana, struggled for the floor, which was accorded to the latter. Mr. Haxrrs wished to submit another motion. It was proper it should be made. A Voice—It's for a select committee to consider the Vir, Hicown refused to yield the floor. Mr Haxnis—Very well, we'll all have « show at this thing in a very short ume. Mr. Grow said, if Mr. Hughes did not want to speak now, let him yield the floor, that might express their views. Much cupfusion and excitement prevailed. Mr. Wasnsukxk, (opp.) of Me.—I want to say a few words now myself. Mr. Heames yielded the floor to Mr. Tacunn, (adm ) of Va, xfho made a motion to ad- urn. Not carried; ayes 106, @ys 10%—the friends of De lesenern constitytion génerally voting in the af- it . Mr. Hanns made an ineifectual appeal to Mr, Hughes to the floor, There were impatient cries for the reading of Mr. claim, have stricken slavery from the constitution, should | Harris’ Propositien. now reject the State because slavery remains in the con- stitution, it is manifest that the agitation upon this subject will be renewed in a more alarming form than it has ever before assumed. Every patriot in the country had indulged the hope that the Kansas- Nebraska act would have put @ final ond to the slavery agitation, at least tn Congress, which had for more than twenty years convulsed the country and endangered tho Union. This act involved great and fundamental prin- Mr. Hucnes wanted Mr. Harris to indicate what it was. Mr. Hakeis compla ped of want of courtesy on the part of the gentleman frem Indiana. Mr. McQuxx~, (adm.) of 8. C., objected to Mr. Haghes Sielding the floor, and was called to order from the oppo- site sice of the hall. Mr. HvGues submitted a resolution proposin, to submit Message to a Select Committec ot thirteen to on the propriety and — ofthe admission of into the Union, with power to re- port by bill or otherwise. Mr. 'K, (adm.) of Va., moved an adjournment. No- ciples, and if fairly carried into effect will settic the ques. | Satived by seven of a majority. tion, Shouli agitation be again revived—should the people of sister States be again estrangea from cach other with more than their former bitterness, this wil! arise from a cause, so far as the interests of Kansaa are con- cerned, more trif_ing an J insigniicant thaa has over stirred the clements of a great people imo commotion. To the people of Kansas the only practical difference between admission or rejection depends simply upon the fact whether they can themselves more spesaily change their preseat constitution if it does not accord with the will of the majority or frame a second censtitution to be submitted to Congress hereafter. Even if this were @ question of mere expediency, and not of right, a small difference of time one way or the other is not of the least importance when contrasted with the evils which must necessarily result tothe whole coun- try from the revival of the slavery agitation. In consider- ing this question it should never he forgotten that in pro- portion to its insignificance, let the decision be what it may, #0 far as it may affect a few thousan! inhabitants of Kan- sas, who have from the beginning resisted the constitution and the laws, for this very reason the rejection of the con- stitution will be #0 much the more keenly felt by the poo- ple of fourteen States of the Union where slavery is recog- nized under the constitution of the United States. Again, the speedy admission of Kansas into the Union will restore peace and quiet to the whole country, Already the affairs of that Territory have engrossed an undue proportion of public attention, and have sadly affected the frienlly relations of the peo: ple of the States with each other and alarmed the fears of patriots for the safety of the Union. Kanens once admitied, the excitement becomes localized, and would goon die away for want of outside aliment, and then every difficulty could be settled by the ballot box. Besides, and no trifliog consideration, I shall then be ensbled to withdraw the troops from Kansas and employ them on @ service where they are much needed. They bave been kept there on the earnest importunity of Governor Walker, to maintain the oxistence of the Terri- torial government and secure the execution of the laws. He considered at least two thousand regular troops, under the command of General Harney, necessary. Acting upon his reliable information, I have bean obliged in some degree to interfere with the expedition to Utah in order to keep down the rebel- lion in Kansas, which has involved very heavy expense to the government. Kansaa once admitted, it le believed there will no longer be occasion there for the troops. 1 have thus performed by duty in this important question Mr. BakxspaLy, (adm.) of Miss., wanted Mr. Hughes to yield the floor, for a motion for call of the House. C for Hughes to go op witn his remarks.) ir. Huns owed itt, himself to place himself right. An aojournment was & matter of indifference to him. He did not wish to detain the House againsi their will. As to the request of the gentleman from Ilinois to yield the floor, he simply askea first to be informed what the na- ture of the proposition was, and to such request he ro- ceived no ankwer—fearing that he misunderstood tho gen- tleman he took the troudle to go to his seat, and there found his understanding correct. Mr. Haxnis replied that be did not desire the gentle- man’s approbation of the proposition he wished to offer. Mr. HvGits—Will you inform me what it is? Mr. Hannis—That’s my business, Mr. Hvcinms—The gentieman asked my courtesy, and— Mr. Haxnis—I ask no courtesy of you. . Hvomes—And | ask pone Lad ae of order. Amid much excitement, The sreaxax demanded gentlemen standing to resumo their reats, and kuccked with bis hammer till they did so. Mr. Hvamrs modided bis resolution go as to simply refer the message to a select committee of thirteen, without in- structions, 1 committees be appointed he did not wish to be its chairman. He asked leave to print some remarke in reference to affairs in his owu State, without speaking thereon. Mr. Davis, (ndm.) of Ind., objected. Mr. Hrone—I hope hereaf'er to hear nothing more abou: courtesy, after this objection by my colleague. He proceeded to speak of frauds inthe ba'lot box in ‘6 by the same republican party which now professed #0 mu: B4 love jor the Union, the sacred rights of the people and freedom of electi ns. Mr. Grow called him to order. Frauds in Indiana had nothing to do with this question, but frauds in Kansas SynakeR said Mr, Hughes had not proceeded far to enable bim to aecide whethor his romarks or not RY MAReHALL, (opp.) of Ky., was satiaflod ese proceedings, and ap- that Bo geod could grow out of pealed to the House to adjourn. Mr. Gnroxenecn, (adm - Ohio, hoped that Mr. Ei will not be interrupted, but allowed to have his full time. Mr. Hines «poke of mischievous fanaticism, which in- cites to anarchy, and of Gen. Jim Lave as having been present in the Indiana legislature to direct republicans ‘what course they sbould pursue in practising their frau ta, similar to thore enacted in Kansas by the same party, whieh was composed of renegade democrats, abolitioni+te, Maioe law fanatics, political creatures and strong minced women. He must decline to march in that army or fal- low the tribe. After & brief en! dent and his cabinet, act in jor ‘of the course of the Lecompton Con- vention, and fully endorsed the positions assumed in the 0. Mr Banwe, of Minols, offered a resolution that the metsege of the President and the Lecompton constitution be referred to a select committee of thirteen, to bo ap- pointed by the Speaker, to inquire into ali facta connected with said constitution, and the laws, it any, under which the Convention was held; and if so, w! the provi. ‘sions of the laws were complied with. A so whether anid Provides for @ republican form of — . pnetitution under a deep sense of iny responsibility to God and to the | ment, and whether the population be suffici country. My public life will terminate in a brief period, and I have no other object of earthly ambition than to tative in Congress under the present ratio, and the constitution is satiafactory to the majority of oxen whether the legal voters in Kansas. Also to ascertain the number leave my country in a peaceful and prosperous condition, | of votes cast for the constitution, the places where cast in end to live in the affections and respect of my conotry- men. The dark and ominous clouds now impendiog over the Union T conscientiously believe will be dissipated, "| matters ‘with honor to every portion of it by the admission of Kan tas during the,present eession of Congress; whereas, ifshe should be rejected, I greatly fear these clowls will be- come darker and more ominous than ever yet threatened the copstitn tion and the Union. JAMES BUCHANAN, OPENING OF THE RALISDRRATE ON THE PRRTHENT'S MESSAGE, Mr. Breuer, (adm.) of Pa., moved the printing of tne meerage and its reference to the Committee on Territo ries. Mr. Tavunrit, (opp) of M., was unwilling to let the matter pass from the consideration of the Senate without remark, He looked upon {t as perverted and incorrect history, from beginning to end, of tho difficulties in Kan- | ty isnod wt ens—even from the imperfect hearing of it as read by the Clerk, it wae inconsistent with fteclf. The President re commended that Kaneas be admitted under the Lecomp each county, the census or registration under which the election of delegates wore held, and whether the same wero just and fair and in compliance with law, with all other dearin; the subject Pending which proposition the House adjourned. ‘The Boy Murderer—Verdict of Guilty, with a Recommendation to Mercy. COURT OF OYER AND TERMINER. Before Hon. Judge Ingraham. Fen. 2.—The People vt. Maurice O'Connell, charged with the Murder of Teresa Spitslen.—Tho Jury in this case, who yetired for consultation at 7 o'closk on Monday evening, entered Court at 4P. M. (Tuesday), having been twenty- one hours jp deliberation, The room was very much anxious spectators, there being but a few dozen pereons waiting for the result. ‘The Clerk called over their names and asked if they had agreed upon a verdict? ton constitution on the ground eveu of ite violation of the | “tne foreman roplied—We havo. will of the people and the Legislature which convouss weter fiat conetitetion, which may provide for ite f aithor of that deciaration tei election to determine would have the covstitation oF fot tn Kansas farther shan that com. Aud the army ia that Territory. loyed e whout the author ne recor, to prove the latter the Nebraska bill, arguing &linksion of Kane vader the Lecompton con- 1 he & vio.ation of the principles of that to @ fair coustruction of its provisions. of Til, should reserve any reply to make to what his colleagues had Taskn bill apt @ future oo sactoe {randy to vindicate the wh oll seewulta, po matter from ght come. He wonk 1 oi vot now @> Into | 0 atiy ie questions sed by the | had Deen clearly exptensed on | He thought the | ssage at once to oe reler ritories, where all the disputed © nin: bofore it shostd come ' nave f Hoping that course would we t) prevent a remonstranve men ¢ Governor an: State tong age nst'(e reception of that r the Lecot constitution. fi t K y wot ate the Un The Ciork, (in his usaal tremulous ve where life or death ie the reeult.) aid, “Jurora, inok aye) the prisoner; prisoner, look upon tie Jurors.’ Gentlemen, what is your vorcict; how any you; is Maurice O'Conue!l gallty of the felony charged against him? Foreman--We Yad biin gullty, with 9 sirong reoommen- dation Lo mercy Mr. Clinton asked the Clerk to poll the jury, which being done, they all anawors in the affirmative. The rendition of the verdict did not seem to disconcert the prisoner, He mani(osted the same calm and impor- turbable demeanor which he exhibited throughout the «rial. ‘The Judge said, geatiemenu, the Court will unite with you in your reeorwmendation to mercy to the Executive; it @ a maticr for the ccasideration of tho Governor, in which the Court cannot interfere exeopt by joining {a'the recom ne idetton. My. Setgwiel forme the Court that there wae no other cea for (he jary, and asked that a day be named for ontence of O'Connell Court named Monclay next, the Sth of February, for the sentence, Exrepitixa Bremenss.—The Legislature of Mas- sachusetta has been in session four wees, aod has passed two bills, one of which is to increase the pay of the mem bers. The Legislature of the Stato of New York has been in seeeton since the Sth of January, and has not pacsed a single bill | EFFECTS OF THE STORM. ees Lows of the Steam Tug Ajax—Attempt to Tow the Bark Mary C. Dyer from Barne~ gat—Subsequent Loss of the Steam Tag. ‘The severe storm which raged on Monday evening and during the night, in this city, prevailed with peculiar vio* lence ‘the coast; and no doubt caused extensive injury toe iB ‘We have, however, so fur heard of only one disaster—. the loss of the steam tug Ajax, off the Barnegat beach, under the circumstances narrated in the following detai!, furvished by our ship news reporter — The bark Mary C. Dyer, from Cetto, recently ashore o& Barnegat, was floated off on Friday last, and the steaae tug Ajax, Captain Thomas Marshall, was despatched to tow her to this city. The Ajax left Barnegat Inlet on Monday with the barit in tow, and after baving got as far as eighteen miles sous: of the Highlands, owing to tho easterly blow and heavy sea, was obliged to let her go. The Ajax then headed in for the Hook, and was seen yesterday morping stern on the beach at Long Branch, nearly broken up. There were on board of her when she bft this clty— Captain Marshall. @ Joho Bowen, engineer; and A fireman, name not known. George Hyadd, another deck hand; and Jacob , the cook. Whether they have been saved or not we cannot say, as tho telegraphic wires between the Hook and Long Branch have been prostrated by the gale. The bark Mary C. Dyer, when close in to the beach came to anchor and rode the gale out in safety, after losing one anchor. Yesterday morning she was taken im tow by the steam tug W. H. Webb, Captain Hazzard, and Drought up the city, and now lays at the Atlantic Dock. REPORT OF CAPTAIN HAZZARD OF THE STEAM TU@ W. H. WEI Captain Hazzard reports, Monday, 4 P. M., off the Floats ing Light, spoke the pilot boat Mary Taylor, No. 5, wha informed him of having seen a steam tug with a diamaswa bark in tow, twenty miles south of the Highlands, and in want of assistance, (the M.C. D.) Captain H. immediawty went in search of her, and after going as far as abreast of Shark river, seeing nothing of her, and night setting ia returned and anchored inside the Hook until yesterday morning, when he again went out and found the Dark a stated above. Captain H. reports the night to have been fearfully wild, and the gale very violent from E. to E. 8. B ADDITIONAL PARTICULARS. ‘We obtained the following additional particulars at @ late hour last night from pecial messenger, who came direct from the scene of di r on the beach — ‘The steam tug boat Ajax, Capt. Marshall, left this city at 1234 o'clock on last Monday mornmg for Parnegat Inlet, for the purpose of towing up the bark Mary ©. Dyer, which had been ashore on the shoals there for some time past. She left there at 814 o'clock the same morving with ihe bark in tow, having @ light breeze from snst routhenst. At noon, being then eight miles north of Barpegat, the breeze increased, and it began to blow a heavy gale, the steam tug laboring hard and beginning to leak. At 4 o’slock P. M. the water bad” increased to two feet in ber bold, and they were compelled to let go the kgs, Which was then in seven fathoms of water. The anchored, and held on until she was taken in tow yestor- day morulng by the steam tug W. H. Webb amd broug>s up to this city. At half past # o'clock P. M.on Monday the water had increased to three and @ baif feet in the holt of the Ajax, and it was impossible to free her. She then shipped a very heavy ses, which stove im ber engine room doors and drove out the men. They then tried to keep the veesel free by baleing, and endeavored tc keep off shore, but as they found she would sink, they put ber on the beach to save thoir lives, This was dove about four miles south of the Highlands, and abreast station house No. 3. At Tl o’clock at night the men succee lod in getting om the beach. The stern was then breaki i$, the emoks pipe had gone, pilot house and whee! broken up and doa’ broke in tw ‘The crew thon made their way to the station howe, where they built fires and made themselves aa comfors- able as they could till morning. @ Capt. Marshall and crew remain by the boat to save what they can. . ‘The Mary C. Dyer laid at ber anchors safely all night, and was towed up to the city yesterday. The machinery will probably be saved total lors. We learn thot there is no other yesee! ashore in tho neighborhood of Barnegat ‘The Ajax was about three years old, 163 tons, and valued at $16,000 neurapce exceps agningt fire. She was owned by W. A. & P. A. Dougherty, Capt. Thomas Marshall and John Thompson. ‘The steamabip Atlanta, Capt. Gager, from Savancat, also reports haying experienced the gale from E.N.E. ‘The steamer Augusta, Capt. Crowell, from Savannah, anchored inside the Hook at}0 P.M, baving previowly felt the gale, The bull will be built in Boboken, no Board of Ten Governors. THY. ISLAND HOSPITAL ORGANIZED AT LAST. The regular meeting of the Hoard of Ten Governors wag held yestorday—the President in the chair and a quorwua present. TH REQUIMETIONS. As usual, over an bour was spent in reading the reqilie\. tions from the several institutions and passing upon the same. CommesicaTion, A communication was received from the storekeeper of Blackwell's Island, complaining that the various matitu- tions set different prices upon the goods turned into the tore, which created confusion in the books of the depart- ment. It was nally decided that a tas iff 0” prices should be drawn up by the Governors which should be ihe rule for the institution to goby. Mr Pr From the Commitee on Penitenuary Ir. Pivcxwey, from the Commitiee on Pe made a report submitting rules for the goverament of ibe Hoepital, to be Messrs. McEIro§ Oliver ant Townsend. Mr. Pincxsry moved that ¥ path 5 \n the Bellevue Hos Woetant. He wished mem! time. Carried. The Board then ad to be realy to vows at that Nyjourned. CORNER OF THR DEPARTIORNT, Remaining January 23... : Admitied January 23 wo 40. netitation Hospital iupatic Asylum, Alms houre ‘2d IMatrict prison aaa Penttentary, 8d District prison 17 Jal Hoan. from Penit'y Colored Home... 908 From Work bone Colored Orphan Asy’m 189 From a rnetow Children at noree.,... 219 Workhouse... Chy Cometry...... a2 Small pox Hoepital. — Randall'® isiaod, 29 Total, Aus Number remaining Jdwwary 31, 1557... 00 Inereaae...... seoveeees ove soo Supreme Court, Defere Hon. Indgo Davies. Tr. 2.—Muasine va. Bellen and dhersmJidge Davee decided this case on demorrer in favor of yiainiif™ The le well known as the celebrated Watrous swit, which now undergoing investigation before the Judiciary Uom- mittee of the House of Representatives at Weahihgtoa oF & petition for the impeachment of Judge Watrous. The suit !s brought to recover about half @ million of pro~ perty. Tho points decided aro that the York have jariedietiog ot the car in Texas, and that the decision of dn Tited Statee Conn of Texas ura viewed afd set arid, an is nots bar to this cuit, Aw Accowrrics or Tow Coorge McLane, MeDougal, was & teday by the mov near confersed to over thirty bighway troit Five Preas eays be was the acc Townsend, alias ¢ Yast Th man bung nie ana. He robberi¢a, and ne Des pice of the noteriong ghway robber