The New York Herald Newspaper, February 20, 1858, Page 2

NEW YORK HERALD, SATURDAY, FEBRUARY 20, 1858, \. Fepreseatakve Americaa system can be ao valid objection ‘to the action of the people ia that regard. That represen. Salve rule amd principle has been perfected in a y dogree under our lstitutions, and may almost be as a0 American system That the law providing for the convention afforded equal Opportunies t all the cizens of Kansas to have a voice on the constitution in and through the conveation, cannot be cenied, %& provided — Bec 1 Bherifis are required, between the lst of March and ‘sof April, 1867, to make an examination, have ; um pitta ihe shall take oath, fo. palm gia ihe In case of vacancy in oltice f nage shall pecformMmaduty: apd In caseof unoaacy tn woah, ve Governor shall appoin! some competent resident to per bem said duty. ‘Bec. 3 as adove shall fle tn offlee of probate judge feompiete list of al! qualified voters resident in his county or inirict on the ist of |. 1887 Sec. 4 Copies of said list to be posted in public places, fee 6 dge to continue court from receipt of said returns to Ist of May, for toe purpose of corre stung them. Bec 6. Lists of legal voters, as corrected, to be returned to the Governor and Reerelary, and distributed generally. See. 1. Upon completion of census, apportionment of mem- bers to be made by the Governor and Secretar: according to Sie registered volers. Number of representatives to. be sixty tion shall be held on the third Monday tn Tune aad we Seay eld on the third y fo June, uBleas registered, shall vole. 4 bo Sec 9. County commussioners shall appoint the places of df election, ae vice ge voting, Fg rd el 5 Bec. 1 ‘udges of election are required to be sworn; alao the clerks and duplicae returns of election shall be inade w Sect IL, Reedy toma. ide inhabitant of i third . LU. Bye le it ansas Monday of Jans, 1857, Deng & citizen of the Gated Ree and over (wenty one years of age, whose residence in the coun'y where be olfers to vote shali have been, tree months ext before said clection, sball be eutitled to vote we 3 Jeroen sulhccions to take the census, to adminis- ‘oaths, &c. Sec. 13 provides forthe punishment of unlawful attempts to influence voters, Sec. 14 provides punishment for illegal voting. Sec. 15 provides punlahment for, tose who fraudulently hinder a fair expression of the popular vote. Sec. 18 Delegates are required to assemble tn convention ‘8t the capitol on the first of September next. obSs, tt Promides for an by the convention of its 18 ip relation to the salaries of sheriffs and other Bec. 19 relative to the location of the election districts, See. 20 requires all votes to be rira voce Sec. 21 gives a tabular form for the returns. Above bill passed over Governor’s veto on ths 19th of bay en RS cordingly taken, in rr e votes was accordingly taken, in pur- suance of the act of the Territorial Legislature, e0 far as it was possible, under the peculiar state of things then exiting, to do 80. It appears that a portion of the inhabi tants refused to be registerea; some gave Gctitious names, god others preveated the officers from complying with the ia w Mr. Stanton, then Acting Governor of Kansas, says, on ‘that subject: — It ts not my purpose to reply to your statements of facts; I cannot do so from any pet Knowledge enabling me evtber to admit or deny them. I may say, however, I have Deard siatements quite as authentic aa your own, and in some Snatances from members of your own party (republicans), to ‘the edre( that your polite! friends have very generally, in- eed, almost Universally, refused to participaie in the pend- ing proceedings for registering the names of the legal voters. In some instances they have given fictitious names, and in numerous others they refused to give any names ai all. You cannot deny that your party have heretofore resolved not to take part in the registration, ad B appears to me that without indulging ungenerous suspicions of the integri- ty of officers, you migkt wed attribute any errors or omis- of this well known and sions of the aberitis \o the exisience of controlling fact. Bet votwithst all these difficulties in making the registry of voters, 9,251 names were legally returned in ‘the following counties and districts, viz. :—Doniphan, Brown, Nemaha, Atchison, Leavenworth, Jetferson, Cal- boun, Marshall, Pottawatomie, Johuson, Douglas, Suawnee, Lykias, Linn, Bourbon, McGee, Dora, Allen. In the following counties, Richardson, Davis, Franklin, Woller, Breckenridge, Wise, Madison, Butier, Goffey, An. derson, Woodson, Wilson, Godfrey, Greenwood, Hunter, bo registry was taken, on account of the facts above stated. All of the last namea counties together, contained but a very small population or vote. It ws believed that many of these counties did not contain ten votes, and all of them together not so many as 1,500. The counties were marked out by @ description of boundaries and named some of them were without inhabitants, and many of them were attached to adjacent counties for civil and military purposes. * All of them were equally provided for by the law calling the Convention, and any omission that = have occurred resulted from causes not in the control of the majority of the people ‘The largeat vote ever had in the Territory up to Decem- Der last s about 12,000. So that it appears from the facis before the committee, notwithstanding the refusal to com- ply with the law ou the part of those opposed to it, only about 5,000 or less, poseibly, have been omitied in the regi Jom, and even that omission was the result of their own acts One whole month was afterwards allowed under the law, as before stated, for the correction of the lists after due notice to the public, by adding to or striking off names improperly inserted or omitted; to be determined on legal evidence submitted by any parties concerned, before a legal tribunal. In addition te which, it appears that the Governor of the Territory made every effort to induce the peopic to comply with the law calling the Couvention, and gve full force and effect to all its provisions. us, every Opportunity was afforded to all the people of Kansas, to register their names, as legal voters, if they poseeased the requisite qualificatiens. After this registra- ton was closed, according to the Mr. Stanton, then Governor of Kansas, made the apportionment of delegates amongst the several districts election was legallv beld, pursuant to the law. At the time this apportionment wes made, the Governor knew as much concerning the counties, and people not registered, tn ee acts which nd law could prevent, as mince; and if the facts, as then prescated, were fair en Wo justify the apportion- meat, it is now too late to make any complaint against bat action. Tbe law allowed but sixty members for the Convention, and the Governor, with the full knowledge of the registration before him, apportioned the whole number amongst the districts and counties where the registry bad been made; leaving it impossible for other counties not in- cluded in the registration by their own misconduct, ‘and pot attached to registered counties, to have auy sepa rate and independent representation iu the Convention, without @ palpable violation of the law calling the Copven tion The people bad legally dewanded this call of « Con veotion, and the proper tribunal had made provision for t oo terms admitted t be fair, just and equal for all the people, and if, by refusal to act or other mixcouduct, aay portion feel aggrieved they have no just cause of com plsist; nor ehould Congress pay any regard to such com. plaints, in consequence of their non-action. Speaking of this ca’ of the Convention, and of the Convention itself Mr. Stanton said, in an official document to the people o! the Territory — The government especiiily recognizes the Territorial act bh provides for assembling « Convention to frame a con von wiih a view to making application to Congress for That act is regarded Admission as a Biate into the as presenting the only tion of voters for delege the Conv wedings and repug mant rf are To thie light the ne be allowed provided for a ful! and xpreasion iil of the people throwgh the d # who may be chosen to represent them ia const it that in order to avoid al {ul operai.ou of this form provide fi regard g thew the pecple of Kanne of the Territory fraud and violence. 1 comvention. pretexts for 1 the aeinal bona fide Powaiie security jon be thus formed, ated of the This was the legal 1 tification of the Governor hog od pie of Kansas before the election for delegates to the Con- veotoe wae had. Gov Walker ou the 27th of May, still before the election, aid — ur practce the preliminary act of forming s State performed through the instrumen is BOW AbOUL LO be ferrtworial Legisiature, 4 clothed by it. in full Under ature then, in aasembling this Con fully sustained by the art of Congress, and the y of the Comvration t ed in my "in the elestion, of government. The la’ prin functions when it + , : Fidrage, but cannot compel the performance of that duty Here, also, by Governor Walker, we have the distinct recognition of the legality of the Convention to form the Count tuuom, with ® special invitation for all qualified to partic|pate therein fame party which bad sougbt to stir up strife and conten foe previously in the Territory, still continued their in Surrectivnary and revolutionary Movements. Their con- ct and their legal relation to the goverument may be untersiood from the following quotations made from the ofcral papers of Goveruor Walker. Speaking of them, be «ye — Aot asopen rebelik priucipal dele reat beat ot 5 Lawrence ia the hotbed of all the abotition movements in this ‘Territory Tim the tows esta! 4 ties of the Raat, and whilst ther itis filed Sy a considerable number af mer paid be abolition societies to perpetuate no’ diffuse agitation Kaueas, an] preveut m peaceful aetlement of : p favor of what was regarded by me even many violept men, beaded by the of the town of Lawrence, which is the | the agviation that hae digtarbed the peace of he says, 4th July Tawrence, in thie dhe lnws aod he fu tha! ci'y “ He ¢urthorsage —Under these cireumemaces Llib a government for the city of the Territorial vernment aod venying You have imposed upon ail thowe y of takiag am onth to t this wo sailed Dh, thus distinctly superseding, so far a (he Territorial government created by the ee Unived 8 . . have reeeived autbentic intelli bans argent government ou have p Lawrence ie nd autbority * fie “proeending to be printed in handbil ormed, through ober cities, towns. ¢9 ayzert Upon you. then r @ubill'y of this copiempia'ed revolution however, choven to diaregar Teor stor wernment, sod have b C tending on throughout the Terrivary. th © the Territorial governmen’ ao! ven before we a inane nission of Kan ‘ty form: ilitary organization with of law, or even the sewbiance of law, and « °e their munitions from the abolitio soc\tine of the Be The military comunsoder of this illega! organization diver, J the came of each person to be takea who re fore © be enrolled on bie lists. In speaking of Wis, Ge vy Walker says, in his official leuer — 7) profeasad object is to protect the pelle at the election in A. # of the new insurgen! Topeka State Legislature The oy of talking the names of ali who refuse enrollment is to | go the free Rate conservatives into pubminsion. This ia - by epeeat atrocities committedson such snen by : sas The speedy ocnts lang? codes of regular », with two baileries, is necessary, the Lawreace wait the developement of this aew revolutionary nization. ° ‘You are sware that Ocneral Lane commande’ the mi tatore Terrt'orial government. abject this last requisition is believed to be to mark for persecu- ret ine cially free ERE ie inh up Hf 4 | | é. i: i if é i 4 se ' j organization under General 1. Arma are being supplied and his for action. We are thresteued the seizare (Polls, at various, points, by these insurgent forces tis remembered that the Topeka party claim to out- their opponenta at least tea to one, re text for eamibling these forces to protect the polls is et tly moat ious. i d it He i It thus appears to the committee, from official evidence, ‘that the opposition tn Kansas to the consisted of pereous and United States. Whether the others are citizens or aliens, whether in or not, they are all kuown to be ene- mies of the government, and openly engaged in attempts against law an@order in the Torritory, and against the ae quietude of society. Many have been shown y Governor Walker to be hired mi sent out b; the abolition societies of the Kast, and all io cert to accomplish in Kansas what the Supreme rt and public sentiment have decided has no to do; that is, to prohibit slavery in and more than that, prevent ritery from exercising the Tudo whi they have gouen 19 wi oe characters have ‘ont voiting outrages persone Property, threaten- ing to del ae ogeet the Union the e- Fesults of the opponents on. But, without regard to thie insurrectionary movement, e legal Convention of Kansas, in pursuance of law, assembled and now betore the committee, which is republicah in form. Out of deference to those who might ‘be opposed to Afri- can slavery, and to avoid all pretext of complaint on the part of opponents, this Convention submitied the question of slavery or no’ slavery to a direct vote of the bona fide inhabitants of the Territory. That election was ordered for the 2Ist December, 1867, when it was accordingly held, and reaul'ed as follows:— Constitution with Constitution without siaver, Making an aggregate of... 6,796 votes. An opportunity has consequently been afforded to the le of Kansas to decide thie question of slavery for ermselves, and that decision is now before us with all ‘the sanctions of law. No real or valid exception can be takes toany other part of the constitution. On this sub- Ject President Buchanan bas weil said in his message: In fact, the general provisions of our recent State const!- tutions afler an experience of sity ‘ears. are eo similar and #0 excellent, that it would be difficult to go tar wrong at the Present day'in framing a new constitution. The constitution conforms precisely to what Governor Walker said would mect his most cordial |, aad that he sbould devote his whole time in addreases every day to the people of every county in the Territory to en- sure ite adoption. He saya :-- Adopt a constitution very similar to that of some of the Southern States, securing the right to the slaves now in the Territory, numbering probably from two to three hundred, but probibiting the introduction of any more: exeluting ree negroes, enforcing by most stringent provisions the exe- cotion of the Fugitive Slave law, securing the right of appeal in all constitutional cases to the Supreme Court of the United States, and requiring all officers government, execu- tive and judicial, the judges and inspectors of all elections, aud the attorness of all courts, to take an oath to support the constitution of the State and of the United States. Such a constitution, if submitted to a vote of the whole le, would, in my opinion, be adopted by a very considerable ma: jority. It will be seen that the Convention at Lecompton has adopted just such a constitution, the single excep- ton of the clause prohibiting the introduction of any more slaves; anc that clause bas been submitted toa far aad direct vote of the people themselves, registered and un. Daa thus leaving no possible pretence for com- piaint. It is well known thatthe only real matter of contro- versy in Kansas was the question of slavery. Evidenoe to that effect could be accumulated almost witheut limit, establishing the fact. But the committee deem this unne- ‘the fact itself will hardly be disputed by any ope. being the case, no reasovable ground tor com- plaint can be found; for that question was submitted to all the bona fide inhabitants for decision on the 2lst De- cember, There is no ‘that any districts, counties Teoma were ranchised at that election. Every = pactetesnaneite ete p evans oe had ivilege of voting for or against slavery. Here, then, was ja opportunity to settle the oaly exist- ing difficulty, if it was desired. Would it not be very ex- traordinary to permit a factious portion of the people, in total disregard of the laws, to stay wilfully from the polis, when, according to law, and according tothe published notice Of Governor Walker, they were equally bound as if they bad voted, and then claim the privilege of having @ resubmission’ If it was true that they bad, as they assert, a majority epposed to slavery, they could have voted out the clause an -°toning that institution. By their own act the clause as retained: and then they desire to reject the whole consti- ution, because of the so-called obnoxious slavery clauses left in by their own wilful refusal to vote, such wilfu! Deas if not to be conciliated or tolerated in a country governed by jaws Suppose twenty additional opportuni ties should be offered to the same people to vote on all these questions, who can guarantee that they will act better in the future than they bave in the tay they will vote at all? And if not, would not the same objection now made be as valid then as it is now, with reference to their non action? It seems to be, however, but carrying out their koown political designs to prevent the peaceful settlement of the question | The only legal rule is to adbere to the uniform practice of all the constitutional governments io the Union; aad ao opportanity baving been afforded to all of registering their names and voting, then, to decide accord: voved, or neglected, or refused to vote. Governor Watker said to the people of Krusas ip his official address — Throughout onr whole Union, and wherever free gowern- wails, those Who abstain from the exercise of the thorize thoae who co vole to met for them And the Abseutees are Aa Much bound on—when there is lenee~by the majori'y of those who do vo articlpaied an the elee lon. Othe voluniary, self government would be impracticaole, monarchy and aespolism would remain as (he only alierua tive. Admitting the truth of the ition of Governor Walker, that those who abstain from voting authorize pt, notwithstanding all this, the , *are have heretofore boasted. those who do vote to vote for them, it necessarily follows that the abolitionists of Kansas, tf they are the majority of the people as they claim to be, are directly responsible for the establishment of slavery in that Territory. And whetber they conetitute the majority or minority, the de- cision made is equally binding upon all “Popular sovereignty’ bas been invoked by some to defeat the Lecompton coostitution. It i# even alleged by those objectors that nothing but a submission of the whole constitution to a direct vote of the people would be a com. phauece with the provisions of the Kausas Nebraska act, which ¢eciares that the people of tbat Terr ° y free to form ther own way. With this view cannot agree. Secely it will not be contended that this provisi sm of the Kaoras organic | people in crea! since the Deciarat: ate government. In all ima past, Of independence, it has been uni single exception, that the peo- ple bad the right ither to form thelr conetite tows by their agents elected for that purpose or to re serve the right to ratify the constitution subsequent vote of the le. Im either aud in both canes, it is the act of the preps. and a full exercise of “popular sovereignty ” therefore, the Kansas act had taken away the right of the people to act through their agents, it would be a limimiios of their rights rathor than ‘Ah increase and improvement, as the frieuds of that mea- The people would, in that care, be confined to one way only in which t make a { Constitution, and would not be at liberty to choose their own way. Such a construction of the organic act is ma- | nifestly erroneous | Having thus given a historical secount of the ma\ter referred for their consideration, your committee will briefly review the whole subject. by de tails. They will look at the subject aa it originated, as it has been fer three years, aud as it now ia. The population of our country four years ago, was prin cipally comfined by treaty aod by law te the comparative ly small region lying to the east of the river Miasiasippi Jowa, Miseouri, Arkansas, and part of Lopisiaua were found op the western bank. Also, om the extreme south erp bank Tetas, and Minuesota on the northern. Califor- win and the settlements of the Oregon were upon the Pacific coast, in the centre, New Mexico and Utah. The immense country lying between our scanty eettloments upon the Pacific and western boundaries of lowa, Mis sourt and Arkansas, may be said, in general terms, and with the above exceptions, t> have been unoceupied. Guarded by the Indian son intercourse act and by Indian treaties, and without terri torial organization, the country wae rendered, by tory prohibitions, an inaccessible rolite ¢ pioneer Rettlers might not legaily disturb t psions of rettiement t the westward were thas arrested estern border three or ‘States was i eetern border of the United Rtater we reached the top of the Sierra Novada, and looked down upon U long and narrow settlement upon the shores of the Paci The border States had becc for western expansion 0 derbess which, though extending for @ continuous dis tence of « thousand miles, approaching wittgn three hundred miles of the Mississippi, was abandoned by the government to the exclusive use of wild semi cvvilize aad vagrant Indian tribes. Unable longer to res! he de mands of the Weat for the opening up to settlement of a country so contiguous, important and valuable, and which bad been neglected #0 long as to become @ just cause of reproach to bol catetep eg bees gee 1854, took into its serious Consideration the justice and policy of orguniziug it into Territories, But two difficulties were in the way of a0 organization one was the question of Indiau oocupancy—the other that of African slavery. The first was easily adjusted, the | second was the subject of jong, heated angry discus | ston More than one hundred speeches were deltverod in | Congress at that session upon the slavery question. At Jepgth the whole countr! weat of Missouri, lowa and Minnesota. cnet of Utah, and Washi Torri tories, aod north of the 37th and south of the 49th paral lels of Inti .de, wae organized into two Territories, and | pamed Kaneas and Nebraska ‘The law organizing these Territories settied the slav controversy , by providing that the people of them my | form their domestic iastitutions ta their own way, eubject Oaly Wo the Coasitut oa of the Co'te! States. aal to cua» * Who can | to the | majority thus cast, whether some of the people bare | the to do so without hindrance of kind, there was inserted in ton sok wclasns lawn ootab- "This wetilement greatly one and displeased the ee Sees lay party fesned to believe power oaght to exercise it, to exclude slave from which bad been acquired by the ji and at the ‘The victorious democratic believed that Congress baci wc power wader the poattvian ‘and that it would be inequitable to exercise it, if it had; and, also, Ubat in this case, such an exercise of power i ular world’ bee fearant vislntica of the taid antics f tas treaty with France, by which the country was acquired. after the of the act, por borders of Kansas, the country, poured into that Ter- many living in Missou! ri, Uy ing iltvery, for te express purpose ofso carrying a) x express purpose of 80 visions as to cause au exclusion of the slave property Southern States from the Territory. This pation of politicians to perpetrate fected in ‘numerous places for tbe of numerous pI siding an effort to exclude Southern reper trees Kemes. ‘This sectional and fanatical purpose was, in practice, geue- rally coupled with some one or more schemes of money making of a highly speculative character. This effort very naturally provoked ceunter efforts, and violent con- Les tage the assailants and the’ assailed fol- red. The creators of strife, as often is the case, were worsted. Of tbe voters on that oocasion this may be said: were bad men. eee ent eee Many . The diagracetul as those which have been @scandalous reproach to the large cities of the Atlantic and Pacitic States in Leo a geead elections. Immediately after the very first election, of the voters belonging to each of the , and among them the defeated candidate for gress, left tbe Territory, never to return. we emigrants from the various States other than those from the adjacent State of Missouri, who alone bad easy and frig Ringeceres for making themselves comfortable, passed ‘the firet winter in Kansas,and many of the settlers in Kansas from Missouri passed the winter out of the Terri- tory, But with tbe spring emigrants and disturbances returned to Kansas. During whole of the second lf Sy it is believed the majority of the actual set- Uers in Kansas were emigrants from the adjoining State. But as the mage of the emigrants seut out to Kansas under the inspiration of the aboli ists were poorly fitted for labor in unbroken fields, and had to draw largely upon the aid of absent and tanatical friends for support, and as both the supported and the supporters were accustomed to wrangling and disputation, the Ter- ritory was quickly filled with strife. And ag loca! con- tention and violence increased, so did the heat contributions of the pormene Suprereers, until the turmoil in Kansas on one side into open defiance ot all the laws of the Territory. ot were ostentatiously furnished, even by men, amid prayers and hymns, with de; ive weapons, and encouraged to set up an independent government. This was only not put into actual operation, probably, but for the firmpess of the government officers, backed by the troops offthe United States. For nearly three years these turbulent spirits, thus encouraged by the restiess and : Hafeny ptt ie toe anal aatennes anarc! isorder, ve the laws, so far as it has been possible for them to do 90. When elections were held, instead of peacefully par pating in them, they disturbed and annoyed the voters in every conceivable way, and ended in holding electious upon days and in a manner unsuthorized by law, and ex- Pressly to contravene the law. When, at ast, toend, if possible, these disorders and strifes, the Legislature made provision for a vote of the People upon the questiou whether a State government should be formed by the making and adopting of a tution, these organized disturbers combi wo full and fair vote. So, likewise, when the Convs been ordered by a regular vote of the people these armed mischief makers threw every ers & iste th these violent, illega! ana bloody efforts had been successful, they filled the country with their com; that the registration, which they had resisted with bad not been full and fair; and as the registration was absolutely full and complete, they wished the people the United States to infer that the election of the membe: of the Convention was neither legal nor fair. Thi People having, by direct vote, ordered the calling of onvention to form @ constitution, the abolition agitators and disturbers refuse to vote at the elestion of members of said Convention, and then after HL Fisk Governor upon the express ground that it enabied the convention to make a constitution, and that it had been made « law after # full consideration of such veto. knew that the Govervor and the officers of the Territory, in various ways, had made great exertions to induce them to goto the polls like honeat law abiding citizens and vote for men who would respect their wishes, aad that they bad refused to heed these solic tations. ‘Ibey also knew that the Convention had notouly af- forded an opportunity for th od citizens who re gistered themselves as voters according to law, to decide whether slavery should or should not estabhshed in Kansas asa legal institution, but had also allowed even those bad men who had disobeyed the laws, and who had combined to prevent a full registration, to vote with the registered voters upon this vital question, and they also knew that they refused to vote, even uader such circum. stance’, upon this proposition. The Convention was called by a direct vote of the peo: ple in direct pursuance of law: the people, in pursuance of law, subsequently elected a Convention to make a con- stitution; ano, in strict pursuance of all the forms ob served by such Couvention, that Convention, tuus legally elected, did make a constitution. That constitution, (hus legally created, is, if recoguized by Congress, the +u preme law of Kansas, and can ont: changed by the people of Kaneas, who, through their legal reprosenta- tives, have thus formally creaved it. No Legisia- ture ‘of Kanass, after the people bad, in persuance of all the forms of law, called and elected a constitutional Convention to make a constitution, could legally interfere with it, either to increase or to leasen is powers. The Convention, being the direct offical representatives of the sovereignty of the people, could ne more be restricted im its legitimate action by a Logisia ture, than could the people themselves be restricted bad they been assembled, in person, in one great mass moet: ing, to make & Constitution for their owa government. Hence the work of that Convention was foal aud complete, and must so remain, ia all its parts, until changed by the people that called and elected the Convention that made It. he vote ov the single clause submitted on the Zlat De. cember, 1657, was a final vote, Convention itaelf, if reassembled, could neither change the constitution nor order a second vote. The power with which it was in- trusted by the people is exhausted [tw members are now only private citizens, and, like other private citizens, must obey each and every requiremect of the constitution which they severally helped to create, Far less can a thereto unauthorized Executive, Judvciary or Legislature. change, alter, modify or nullify Yhe constitution made by the pec ‘e through thei selected representatives—repre reptati. selected by the people thetaselves, and clothed with special, direct aud positive autnority for that, and BO othe itiy do auything expressly to uphold violators koown disturbers of the public peace. It is Lite aud unjust to grant the turbulent demands orderly, be they few or many; it is wrong ertorn’ « cousttt of the goveroment ant abitual o of the them to, \pporter more eepecially when the have any Ives jondly asee of the jurbers would pot od, as they them yet to the earnest antry and the Gov. exereived their ngbt and by voting upon r of yas taken upon calling tion was elected: 3, question was Acbtnitted whether slavery claw Id or should not be retained in the constitd- tion. If the abolitionists were io a majority, as they so oudly boast, and would not vote against the establish ment of slavery in Kansas, but «lowed those who would vote t establish it, they have no just cause of complaint. [If they were in & minority, as there i+ reason to believe, they have no amuse of complaint, for the ma Jority of the people voting, ip accordauce with the theories: of all, ought to rule. Notwithstanding the noisy and incessant claims of the abolitionists to be considered a Majority of the pie of Kansas, the truth of those claume remains to be shown. Having been abundantly supplied with superior arms, euch as Sharp # rifles, Coit's revoivers and bowie Knives, and been trained tor two or three years to their use, and t move in concert and in maseas, the idle and the lawless men sent ioto Kansas by the fanatics of New Rugland have become dangerous and for midable. Hut their numbers Gave been, it is believed, greatly exaggerated ; their power consists in their auperiot 0 ization and arms, and in ther being supported in \dleness. When called upon to vote for or againet the calling of @ convention to form a constitution, there mer cenaries of political priests dit not venture to measure streogth at the polls with the democratic party of Kanans, but arlowed the election tog» by default, So, again, wheo the members of the Convention were elected, the abolitionists shrunk from the contest. 89, also, when the question came up whether there should of hould not be a clause retained in the constitution slevery to be established in Kausas, they agai irom the contest, conscious of their weakness, of slaye question polls if they bad the real st possession of the Legislature dierties by having every ‘owa way?’ ‘At the tate election of State officers they exerted their strength in union with certain favo ements, and 80 close was the contest, even when ¥ ied, that the ro sult ie a# yet unknown. The only election they ever carried wae that which wae held last fall, and their succoss is readily accounted for without resorting to the supposition that the sbolitionists compose & majority, Of even 4 fourth, of the voters of Kapeaa, ‘As to thelr vote upon the constitution, given upon the 4th of January last, two Weeks after the day appointed by the only competent authority to appoint « day, little ase be said, for Ik wan utkeriy irregular, and was thrown upen a day otber than the legal one, for the purpose of cast ing contempt upon the government. Votes cast without law ref authority upon a question decided, and with a purpose to unfavorably affect what ia lawfu! orderly and right, are entitled to no cons:deration at the hands of those who do pot claim to favor lawlessness and anarchy That men who habitually set al! law at defiance, and who consider all restraint upoo their wishes as tyranay should report that they have cast tvo thouaaad votes fgmoat a consututom, whee upon the same day, and at Wao enms placos rely to favor of thor 8 paacelully end atl | candidates for office not so many volers by three or four thousand, will surprise no one and influence noone. As Citizens it was their duty to Lave veted on the lawful election day; as turbulent they chose to vote two weeks afterwards, heace, they numbered millioas, bermn duegard and contempt of “lke tify, their open di . ” Rome ‘cousider the submission of a constitution to a vote of the people for ratitication as necessary to its validity. In thie opinion the committee do pot concur. The may assemble, aa in ancient days, in mass mooting, and @ @ censtitution,; they may elect representatives to them; or they may elect representatives to them for approval or rejec- subsequent to the day , piped have most votes; the legal candidates will by them be pronounced the ‘minority candidates,’’ and the irregular and illegal ones will be called the “majority candidates.” Then will follow strife, bloodshed, aad crvil war. Rights, it must ever be borne in mind, can be best and most surely upbeld by strict adhe- ter of our constitutions and laws; and there is no danger to our peace and our Union that we cannot easily escape if we will conscientiously adhere to them. 9 ever beard of a Legislature than that of Kansas which bad the jumption to appoint a day, open the polls and request the people to vote for or against a constitution which had been finaily adopted by people two weeks before, and which nobody could change but the people, and they only by a fc action to that direct end? The action on the constitution on the 21st December, 1857, was final action, and that instrument was on that day com pleted one; it can be changed, as all State comstitutions can be; but, until formaliy and lawfully changed, it is valid; and its turbulent opponents will find that the va- lidity of that fundamedtal law cannot be alleeted by a town meeting barangue, or by an irregular vote ordered by arash body of heatea Many generous persons who are quite indisposed to countenance the violence and contumacy of the abvlition- from all prop ery ot plana to them and their eoettors, all proper to them ani ir abettors, bing urge that somet! done to lessen the hard ships that wilt fall y in the event of the admis- sion of Kansas into the Union with the constitution made at Lecompton ; that, although it is true that the abolition- ists violently ; would not vote at elections; held s! those appointed by law, and even refused to vote against the establishment of siavery at a time when they pro- fessed to believe their doing so would have excluded it, and thus have peacefully setiled the question to their own satisfaction, yet, they consider it would be too severe to compel such contumacious Citizens, even though it is their own fault, to live under @ constitution which, however grievous its provisions may prove to be, they cannot change, without resorting to revolution, until the year 1864. Tosueb, without resorting to the ready answer that Congress lina no power to modify or alter a State constitu- tion, and bas expressly stipulated that the people of Kansas shall hag nagomneer to form their own institutions, subject only to the constitution of the United States, two replies may be given. The first one is this:—The clause complained of in the Lacompton coustitation, in this cou- netion, is in these words:— Sec. 14, After the year one thousand eight hundred and sixty four, whenever the Legislature shall think it necessary to amend, alter or chauge this constitution, they shall recom: mend to the electors at the next general election, two thirds of the members of each House cone to vote for oF same manner, at the same places, and’ by the sal that choose the representatives: sald delegates so e! meet withiy three months after said election, for the purpose of revising, amendi Ca sy et constitution, bul no al teration shall be to effect the righis of property in the ownerships of slaves. ‘That this provision is not objectionable to the abolition- iets, in fact, and i now urged by them and their friends only for popular effect, is proved by the overwhelming fact that the adotitionists of Kansas inserted in their “To- peka constituion” the following more objectionable provision: — AMKNDMENTS TO THK CONSTITUTION. —ARTICLE XIV. 1, Ali propositions tor amendmenis to the constitu ion sball by the General Assemb|, See. 2 A coneurrence of two-thirds of the members elect ed to each House abail be necessary, after which such pr> josed amendments sball be entered upon the journala with ibe yeas and mi nd the Secretary of State siall eause tho nme to be pa in at least one newspaper in each coun 'y nthe State where a newspaper is published, for at least <ix mouths preceding the next evection for resentative, when aueb pr referred to the Legisiature elected nex eation. If p by the second Leg: oftwo-thirds of the members elected ure by ® majorit to each Honse, suc! amendments sball be republished, as aforesaid, for at least fix months prior to the neat general election. at which election such proposed amendments shall be submitted to the people for thetr approval or rejection, and if the majority of the elec atruch election shail adopt such amendments, the rame shall become a partof the constitution. See. 3. When more than one amendment is submitted a: the name (in, they shall be so submitied a4 to enable the electors to vole upon each amendment separavely Hee. 4. No convention for the formation of a new constitu- tion abal! be called, and no amendment to the constitution shall be, by the general assembly, made before the year 1365, nor more (ban once in five years thereafier The second reply is this:—Suppose the grievance real, and that it ft ought to be redreseod, it is unnesessary for to unlawfully interfere for that purpose, inas much as the Lecompton Convention bas provided a full, lawful, apd perfect remedy for every concetvable griev ance, and piaoed that remedy to the unrestricted bands of the mong Ot the people, by inserting in the constitution of Kansas following diatinet aud unequivocal recogni- tion of power, viz — All political power is inherent in the people, and all free pvermments are founded on their authority, and inatituied for their beneGt, and therefore they have ai ail times #n inali enable Jefensible right to alier. reform of aboliah their form of goverament in suck manner as (bey may think pro: f. "The abolitionivts of Kansas have thus far sought pewer by methods unknown to the law and by violence, and not through the peaceful agency of the ballot box. Claiming to bave @ majority of the voters of the Territory, aod therefore abie to elect legislatures and conventions, they Congress to wrongfully do for them what they may, at legal times and legai places, rightfully do for them selves: that is. chapge or abolish their constitution. And (p case Congress refuses to comply with their uaconsutu- 5 tional demand, ‘y threaten to afflict the country with an attempt at dioodshed and revolution. Uniess Congrers will do for them what they aasert they are numerous enough to do for themselves, bat which (bey w refuse to do, they threaten to plunge the country into civil war. This coa duct is #0 «exceedingly utreasoni as to force the con victiou upoo the mind that they @® conscious of being in 4 hopeless minority, and only expect to be able to com pass their unwarrantable ends by extorting them from the general love of peace and quiet. If your committes are not greatly mistaken, these reckless men misjudge the American people, and will be required to seek peace ful methods for the redress of all their grievances, whether they be real or imaginary. The committee do not approve the ordinance accompa ying the constitotion, and report against its allowance but do not regard it as any part of the constitution, nor will its a va) Or disapproval by Cougress alfect the validity of constitution, if the State be admitted iato the Union as recommended. To conciusiea, this committees is of opinion that when a constitution of a newly formed State, created out of our own territory, is presented to Congress for admission into the Union, it is bo part of the duty or privilege of Congress ther to approve or disapprove the coustitution itself aad various provisions, or any of them, but simply 0 see whether it be the legal constitution of the new State, whether it be republican in form, whether thefhoundaries proposed be admissible and whether the number ot ia. habitants be sufficient to justify independent State organ! zation Relieving that the paper presented {s the legal constitu Vion of Kansas, that it ®@ republican in its form, that the boundaries proposed by it are ie, and conceding the sufficiency of the population, mittee recom mission of Kansas Union upon the sented, and report ® BME accordingly Caw « Man Wriw ats Car.oaen ovt or rae Crs Topy ov 1HeTR MorHen ’—The Pittsburg (Pa.) Union states hat an interesting case involving the above questioncame before Judge Williams, of the District Court, a few days since. Appl was made to the Judge on behalf of Margaretta Hamilton, wiaow of the Iate George 8. Hamil on, for the recovery of ber three children, who have, since the death of their father, been held in custody by his two brofhers, Samuel and Fulton Hamilton, It ap yeared that the brothers. in-law of Mre Hamilton retained the children by virtue of the will of her husband, which ; rovided for and appointed for each of said children sepa iave guardians. Mr Shannon, on behaif of the applicant, semands that the children shail bo restored w their mother, who in case of the father's decease is the next oatorat guardian; and that no law, baman or diviae, can coparate ber from them, eo long ag abe is able and willing to support and care for them. In ition to: the appli cation it was argued that the father had a perfect right to make such provision for tho fnture training of his chit drip ag he deemed proper The legielatare ompowers the father to make 4 will, and it would be a gross visla tion of law to annul such « document legaily frames Jadge Wiliams deciine | to give an immediate decision on dhe application, as Ue question was entirely new, aad one of vital importance to the partion, aud required careful copaider ation. The mother of the children atheres to thy Catholic persuasions and the wil! of the husband was to place than i the gharuiaastip of Protestant famtles Deerecetics 07 a Catronice Counsoe axp Carencs —The Cathole college in Plaqsomtine, La, tis Oa thotie churet, and ths residence of the priest, were day toyed ty Gre on Mhe Gib amt. Lows, 626,000, INTERESTING FROM HANGAS. Seen Squabble for Spotls in the Free State Party— Minneola, the Capital of Kansas—The Bill Vetoed by the Governor Passed over his Head—Couree Pursued by the Free State Leaders—Gov. Robinson’s Law C the Lecompton State Government — Bun- combe—Covertng up Corruption, déc., dic. SPROLAL CORRESPONDENCE OF THE HERALD. Lawrxyon, K, T., Feb. 10, 1858. Politics, as @ science, ia doubtless understood much better out of Kansas Territory than in it; even politics, 45a game, may be played smarter in other regions; but no where is it pursued with more energy, devotion, zest ‘and unecrupulousness than in this crescent Territory. Te minutia; The majority of the free State party believe, whether the Lecompton constitution passes Congroas or not, the only (free State) senators sent to Congress from Kansas will be under the constitution to be framed by the Convention which is to be elected on the second Tuss- day in March next. Now, every leading man in that party aspires to be a United States gonator: to achiove that Position, almost every one of them ia willing to sacrifice anything or pursue any course, The result is an incessant cross-firing, plotting and underplotting betweea these | aspirants, to carry their points. ‘The Territorial Legislature is about ¢o adjourn, aud ita members go home to their constituents; there the Minneola capital bill stands black and scowling against them. Some- thing must bedone. The old ruse, the old geme of ex- citement, war feeling, and the Topeka constitution, which has been played, run into the ground, buried, resurrected, re-played and re-burried almost ever since the history of Kansas began, is again resorted to. It will cover up Minneola tracks, by withdrawing the attention of the peo- ple to another point; it will excite the people, and thus make political capital to the movers in it. The majority of the citizens long, to the depths of their heart, for peace, and yet a superficial observer would gay they are but an old fiddle, on which the demagogue aspirants play whatsoever tune they please. Well, in this old new game there is a chance, at least, of hiding one thing and aucceed- ng in another; so all the politicians plunge in together, and to one who enjoys an inside view of this amphitheatre of gladiators, the fight is exceedingly amusing; each strives to outdo the other, to get the inside track, to bid highest for the popular favor in whatsoever he thinks is popular; each combatting against all the others and all the others against him, providing he is high enough to merit that favor. But as noone can hold all the others back, the greatest effort of each is to run ahead himself, to make the most political capital. Hence the act in the ‘upper House protesting to Congress against the passage of the Lecompton constitution, and authorizing the people to bear arms against it; hence the act in the lower House making it a penal offence, punishable by death, to in any Wey recognise or attempi to enferce the Lecomptoa con” stitutional government. But there are Minneola tracks outside of the Legisla- ture as well as in, to be covered up; and there are parties outside of the Legislature as well as in, who need some- thing for buucombe or on which to make political capital: Hence the following amendmeat to the Lecompton penal offence law, made by Charles Robinson, Esq., Governor of the State of Kansas under the Topeka constitution, and presented in the Council by one of its members. This amendmeat, or rather addition, is a curiosity, and worth reading :— ‘The Governor electe¢ under the constitution framed at Topeka is hereby authorized to open a correspondence with the Governorsof the several States who are opposed to the subversion of the inalienable rights of the people, and to accept, on behaif of the ie of Kansas, any force that may be tendered by said States as a posse comitatus toaid the —— officers in the enforcement of the pro- visions of this act, and hold the same under his control, should their services be required, unt!) such time as ine constitution provided for by the act entitled an act * © * * sball take effect, when said force shall be subject to the disposal of the Governor elected under said consti- tution. The Treasurer of the Territory is authorized to effect a loan of money not exceeding $500,000, and at a rate of interest not exceeding tea per cent per annum, to be ap plied tothe sustenance and necessary expenses of said force. All acts and parts of acts inconsistans with this act are hereby repealed. ‘This act to take effect from and after its passage But, asks the unsuspecting Eastern republican, does Gcvernor Robi have Minneola tracks to cover up? “The leaders,” steréme de la crime of the free State yy," are in Qt Minneola movement. | should here, ever, except Judge Couway, one of the most promi ‘nent and ‘meritorious of the free State leaders, who, tough awe Minneola bait was ueld out to bim, refased to bite. Why should the so-called State Governor under the Topeka constitution be authorized by a Territorial legis lature toenter upon such a correspondence? Caa the Terri tory find no legal present authority to do it? Why are the forces thus asked for to be put wader the command of Robivson? Is there no Territorial free State military board’ The fact is, Laue is the commander of the local militia; he is the proper officer to execute tae commanda of the courts, and this is but an effort of Robinson to get the command of some power equally important, to outbid Lane, to make pelitical capital, to gain a senatorship to cover up Minneoia tracks jow supremely contemptabie is the recommendation ch & treasonable iaw for such selfish ends! For atime one may laugh at the p.ots aod designs of such leaders, but what do those men merit who are ready, willing, yea codeayoring, to barter the iutereats of their country for self aggrandisement? This addition of Robinson to the auti-Lecompten consti . tution act of the lower House speaks for itself more 90 verely than any comments can. The Council, alter an exciting debate, killed the entire thing, considering it too ridiculous even for making buncombs out of. MINNEOLA THE PRAIRIS PAPER TOWN—CAPITAL OF KANSAS. Determined to give the Hxratn the most correct account of the affairs, civil, political and material, of this Territory, that can be obtained, I have recentiy visited the capital of Kansas, now caiied Minneols, formerly denominated St. Berpara. time, passing t the end of every half mile or mile, I stopped at a littie hut on the brow of a fine elevation, which rolled gently away to the south, and asked the mater familias, who drew back the door, if she could tell me in what direction Minneoia la: and how far it was to that city. “What piace do ye say asked she, “Minneola’’ was the reply. “Min-ne-o- Aer it most be @ right «mart ways from here, for L never baru tell of it before, and I bave harn ‘em «peak of most pinces round bare." “Do you kaow where St. Bernard is?” “Oh, ” was the reply. “Where?” f inquired. is St. Bernard.’’ id @ure enough that was St Bernard, or Minneoia, the prairie paper town, capital of Kansas. Besides this hut, there were two others to be seen within a circle of a mile, but there was no pretence to a town, to ‘a village, or J might say, to a civilized settioment, for in neither of the cabins could one get a comfortable night's rest. The Little room within was parlor, kiteben, bed foom and ali—there was no cellar, no up stairs. The loca tion is a very fine one, however; the scenery is among the finest found apy where on Western prairie lands. A small stream of water runs through the place, while several springs temptiogiy bubbie forth exceilent water At the south of the land purchased for the capital, there ia a ravine and some good timbered land. In short, it is one Of the finest sites fur a town that I have scea in the Terri tory, and as moneyed men are in the movement they will probably shortly have quite a settlement ir that region. GOVERNOR'S VETO OF THE MINNROLA CAPITAL ACT. To Tuk Hocex oF RavRESENTATIVES OF THR LAGISUATIVE As SEMBLY OF THE TRRRITORY OF KANSAS — Gayriamey--Herew th I return without approval a bili entitied “An act w remove and permaneatiy locate the seat of government.” The thirty first section of the or ic act declares “ That the seat of ment of said itory is hereby located temporarily st Fort Leaven wort, and that such portions of the public buildings as may not be actually used and needed for military pur. poses, may be occupied and used under the direction of the goverument ana Legislative Assembly for such pablic Ppurposts as may be required under the provisions of this act.’ Notwithstanding this, Governor Reeder thought Broper to convene the Legisiative Assembly at the town of Pawnee, under the clause of the twenty second section of the same act, which ceclares that “The persons thus elected to the Legislative Assembly shall meet at such piace and on such day as the Governor shal! appoint After meeting at Pawneo, on Monday, the dd day of July, 1856, a8 required by the Governor's prociamation, they adjovrsed and held the balance of the seasion at the Shawnee Maaval Labor School. This action was had oa the 6th, and they were to meet again at the place ap pointed (ae they did) on the 16th dey of July. During tat session the Legisiative Assembly passed an act locating the permanent seat of government at the town of Lecompton. On the 2d of March, 1865, Congress Appropr ate: 000 for the erection of public buildings eusas, provided said money, or any part thercof, or of any portion of the money beretofore appropriated ‘for this purpose, shai! not be expended until the Legislature of said Territory shalt have fixed by law the perma nent seat o! government. “This was done by the act be. tore referred to, fixing it at the town of Lecompton, aad thereupoa the mouey thus appropriated was applied to the erection of pubiic buildings for the use of the Legis lature of the T ty of Kansas” The same legisia- ture also pase Act fixing the #econ! Monsiay in 1 ary, 1867, as the time, and the “seat of government’ as the piace, forthe meeting of the Legislative Assembly, aud an explavatory act designating the first Monday in Jana- a each year after 1557 as the time of meeting. n to the beginning of the present geasion the above Was ail the legslation ever had on this subject, and it will be seen that the act of of March 3, 1857, w the only one giving to the Legisiture of this Territory avy authority to act in the premises, Thet act assumes the character of a contract, in which Congress agreed to males Certain expenditures om condition that the torial Le aislatu: wild first do a certain thing, The conditions were compied with by both parties, aad consequently the! egsisture of the Territory did, at that time, ex bauet ail the power ever given them over the subject. Cott further authority is given thereupon by set of Con gress the matter is entirely bey vad your control. In the preamble to this bill, before me, it is asserted that “A body of men assuming to be the representatives of the peonde have located said seat of goveromont at the town cf iccompton, s place tll wutted to the wants and cowrenisnces of te people, and the natural tovatlon there f be'tg such as to condoms it, an acceptable to the for the permanent cap'ta! of the Territory" aad 0, Wat “une paople of the Territory, through their whoctac ropraasatati you, by virtue of the ongeaic pew tely act, have the wadoulied right aad power to remove at ang tume the seat of government thereof to auch point or aa shall be deemed for the best interest aad conven! of the whole people.” Therefore, it is for reasons to remove the seat of government from the town of Lecompton to the town of Minneola, and all i the officers are required to remove their affairs to place nent capital of the ‘itory”’ and “ seat of governmont’* are here used as synonymous. ‘The members of the present Legislature convened fer at Lecompton, and the only act they out of a legislative r was to adopt the ble and joint resolutions by a unacimoas ‘vote of Counoil, aad by @ vote of 22 to 2 in the House ‘Whereas, the Legislature of the Territory of Kansas is required ‘by the statutes to meet a; the oapital of eaid Territory to bold their several sessions; and, whereas, the halls provided for the holding of the annual sessions of ! i i E i camp out, sleep in their wagons or own provisions,’’ and that, too, at a when the preather is usually very inclement io tude. No buildings have been prepared for the use of the cers, nor can there be within the month or six weeks tervening, nor have I been able to ascertain town of Minneola bas anything more than a deacripuve existence on paper. are likely to exist next year (if this proposition cana be carried out), and the “permanent seat of government” may again be removed fer ihe benofit of some other perees, which may then be found more needy thaa De With these objections the bill is herewith returaed te the House in which it inated. J. W. DENVER, Acting Governor, Fesrvany 8, 1858. Notwitbstand! the reasons ably set forth in this veto both branches of the Legisiature passed the act over the Governor's head by precisely a two-thirds vous. As I bave previously explained, the matter was all cat ano dried, two-thirds of both houses were pledged to vote for the bill against what reasons soever the Governor might present. Such ia Kansas legislation by the umma- eulate free State party. In Doniphan the free State men have been br and destroying the property of some pro slavery men, Griving them off, alleging as their reasons for doing ‘so that the said pro slavery men were accessory before the fact to the murder of a free State man several months ago. Lane is down there, and of course playing bis usual e of excitement, war feoling and local difficulties. commission appointed to investigae election frauda have nearly finished their labors. Two copies of their re- port, inciuding the testimony of all the witnesses exa- mined, are being made out—one for the ure, the other to be immediately sent by the Legisiature to Con- gress, The people in the Fast are doubtless sick and sated with Kansas troubles. They cannot be more so than are our peaceadle citizens of both parties. country equatters loathe and despise the demagogue self- ‘worshippers who have cried “war,’’ “war,” ana labored day and night to create and ki upexcitement. Whea such leaders could not excite their own yom be hag | talking and misrepresentation they would endeavor tn some way to vex and aunoy the opposite ty, to lead them into deeds for which there must needs be a revenge. There are things yet unwritten ip to Kansas troubles, which, if ee to ligbt and proven before the world, would forever damo some men who have stood bigh ip certain pious quarters. Veritas vine Poliee Intelligence. MORE BUROLARIRS. The carnival of the burglars continues to be uainter rupted, and citizens are suffering extensively in couse- quence Dr. Barry's house, No. 95 avenue C, was burglariousty entered on Thursday evening, while the family ware at tea in the basement, and robbed of a gold lepine wateh, agold bunting watch, a bracelet, a cameo, two gold chains, two silver napkin rings and $19 ia : ‘The Doctor made Kpowu bis loss at the station howe of the Eleventh ward, but the persoa in charge seemed to take little interest in the affair, and negiected to notice the burglary on his returns to the Superintendent's yesterday morping. The Doctor called at the office of the Superia. tendent of Police yesterday afternoon, in relation to the matter, and was tld by the Deputy Superintendent that the best way to recover the stolen goods was to offer a re- ward of about balf their value. We have received the following communication from one of the many sufferers by burglars, which will a0 doubt be read with interest: Mr, J. G_ Bexwert— Dear Siv—Your remarks io this morning's (ekauo oe the subjectof the frequent burglaries committed, and the luability of the parties robled to get back taeir property in Consequence of the great laxity of energy on the part of our Metropolitan polics, must certainly meet with ibe provalof @ suffering community, who are so heavy! taxed to sapport this sham police protection I m: was robbed iast week of boots, shoes and leather worth over $400, and several other robberies have also beea re- cently committed near the City Hall | the thieves have thus far escaped, aud no notice of the tacts has sppcared in the papers: P. LAUER, 256 Broadway New Yor, Feb. 18, 1858, His Second Arrraranck Brrona tax Posuc.—Kings- bury Doris was brought before Justice Brennan, at the Essex Market Police Court, ou charge of larceay and bur- glary preferred against bim by Wm. H. Romaine, of 106 Bowe The compatnant alleges that the accused, who irder in the house, broke into his bedroom, aad trunk of $40 worth of clothing and $40 | coin. The prisoner was arrested afew wecks ago 7 ing burglarionsly entered the dwelling of Dr. Wilks, No 28 Laight street, ard stealing about $490 worth of proper- ty therefrom. ' On that charge be was allowed to depurt on bail Inthe present case, however, the magistrate decided not to adin't the prisoner to bail; consequently he we committed to prison for trial Caner or Saiiine Diszasen Maat.—John McKianey was brought before Justice KeWy at the Jefferson Mark>t Polion Court, on a charge of selling diseased mest. The Health Warden of the Twenticth ward preferred a com plaint against the accused, charging him with having pre- pared a stilivora calf, for the purpose of gelling it to hia = The magistrate committed the accused ror ri Swivetive Yorse Mev.—Two young men, oatives of Ovba, appeared before Justice Kelly, and stated that e segar dealer in Canal street had defrauded them out of a large quantity of segars, by giving them counterfeit money in excbange for their property. The magistrate = A warram for the accused party, who was forth- with arrested and competied to dugorge the be had 80 dishonestly obtained from the Compleinanis’ ‘The Nicaragua Question. APPLICATION TO INTERROG ATR TLS PRESTDRNT. After the disposal of the steamer Fashion case before Jodge Gayle, in Mobile, on the 12th inst., Hon. Perey Walker desired the Court to pass npon an objection fled by the Datrict Atorney, to an application for a dedimus potestatem to take the answers of James Buchanan, Presi- dent of the United States, and secretaries Floyd and Brown, to certain interrogatories flied by the defendant im the same cave, which were read to the Court. These in- terrogatoties, as we heard them read, seemed to go chief ly to the facts of General Walker's revelations in bis speech atthe Amphitheatre The District Attorney arged that a dadimue ought n08 to issue, because the President and his secretaries Could not ve compelled to give testimony, and the tuterrogatories were in the highest degree insulting to the chief execative of the nation Hon. Porey Walker thought that it was contrary to urna prectioe to file objections Bow (ie val practice the oper time Is w return of nisi Freee Dutrict Attorney poiated out the slatuie which be thought <ustained the regeurey of the proceeding R ‘i Smith, Req., made a short argument to the psint, that it is oct for @ judical ofcer to determine whether the discloure of the facts intended to be elicited by the in terrogatories are inconsistent with the public interest, and to refuse to permit them to be propounded, but wat the President may or may not disclose them at his discretion ‘The President — — that the Ravee interest could be promoted by disclosing « project for bringing abom a wart vetween pain and Mexicn, “fe instanceh fue ene concealment of Mr. Polk's intentions when Goa. Taytor was operating om the Mexican frontions, aad said that were known to be so warlike that, before Congress hat touched the mater, a foro» was raised in this culy under Gen. Resha and went to Gen. a Aseistanoe His Honor took the matter under advieemont. Saur Laxk.—This sheet of water is said to be sboat three hundred miles in circumference. There are two large mountains in ite centre. The lake and the streams ‘o jis viciaity abound in flak. Two quarta of the water of the lake will vield a pint of salt Mr. larour lucorma the Santa Fe Gazette thar he bas frequaatly guna to the immense hills thare, entenod an excgration, and cub Ort, AB it Wore ice, large lumps of flos White amit. — _