The New York Herald Newspaper, May 18, 1859, Page 5

NEW YORK HERALD, WEDNESDAY, MAY 18, 1859.—TRIPLE SHEET. 5 there could be as fully relied of as the people of the fell into mid-osean and was drowned. | is to be defiled as black banner of piracy; and | he, be compelled when I travel abroad again to the y ; did not shorten bis term of office, but upon the ex ol ig that declaration nworiiy and discreditablo Tate.” i | the raising of thas basiner is 10_ be. rojlcad over here. in | subD South haa become the’ abode o pirates and of law- THE CITY INSPECTOR CONTROVERSY of the term for which he waa lected the ropealiog catee ‘was founded on ‘g¢ Mr. Calhoun in the Sonate of the | Missiesippl, and Mr, Lamar, influenced by cupidity—-he ‘ere—a place of refuge for men who openly defy the C took full effect, and of course the official existence of the ig to receive that declaration even at the ig Palinurus, but nover did Tex- | most ignople and accureed feeling—is to be encouraged in | constitution and laws of the Union for for fitby | Deekion ef the Supreme Court—Mr. Morton | '°!s'0r derived'under, and dependant upon the repeaied act did not withhold t to bear & Dative born South Cardlinian, in an assem- | setting out with his piratical crew for the purpose of | lucre? Shall I be compelled to say that the ceased. It is very likely that could the Legislature have use from {tg utterance. the affront. I stand here now for the | bitnging Africans to thia country in violation of the law of | sumay South is the ahem of miscreants who dare Ousted and the Office Declared Vacant— forereen, or had ‘they thought it possible that a Mayor , there are others very icating Calhoun against that epithet, andI | the od Let it goon, Let these triumphs over the gov- | raise their impious hands against the power of the Gr ¢ @Etat of the Mayor— Would be £6 unmindful of his duty as to fail to nominate i sound too. The Fillmore men are sound; you know the’, time it will be ever applied to him, | ernment continue—and then, and then, and them | what 1s ere verbment, againet the judicial tribunals of the ‘and Coup ‘& Successor, Or 8 unfortunate as to be unable to nominate j Fillmore was tho only man who was run for the ‘regi. | Was Mr. Calhoun a traitor? No. Did Mr. un urge on | to be the result? Ob, the institution of jury trial which | land—who dare to invite their fellow citizens to the ahod- He Takes Possession of the Office ove who should prove acceptable to the Board of Alder- dency in 1856 ona sound slavery platform. “,uchanan | opposition to the laws? Never. He wasagrand,agroat | our forefathers v ‘as one of ‘the greatest | ding of precious blood on the American soil in a most in- men, they might have provided for the continuance in * was run 0D ® squatter sovercigaty platferm,, one of the | modern giant—a champion of the principles which he | bulwarks of human liberty, which was respect- | glorious contett against the laws of the land? Shall I be and the Public Property, oftee of the relator until his succedtor should be qualified. of which saserted, e which noman | honestly espoused. He felt his powers in debate, and was | ed by all the generations’ from whom we. are | compelled to confess this, and that Southern juries com- But by sompeliing the Mayor, upon ‘the rej by the an question, the right of the ir, of ‘@ Territory at | willing to measure his strength with any man; and he | descended, the chief Gietinuahing, feature of civilized | mit perjury in order to enable felons to escape their just &., &e., ke. dieereen: of one amines, ‘o nomitiate another imme- any time, by , either t0 6%, clude or to admit sia: | generally came off victorious. He did not talk about the |freedom wherever the same is to be found, the glory | doom, or sballl be allowed to say that here, at icast, in ately, they bave not left it optional with the Mayor to Very, as chose. Away yoD“,or, on the shores of the | thunders of war or the peals of artillery; he was not oue | of England, that great principle asserted in arms more | the State of Mississippi, the old primeval virtuesscontioue suffer @ vacancy to exist, and the contingency which has oce eistant mindful of WB’, rights of my countrymen, | of those geutlemen at all. Ho wasa cain man, apro. | than once by ‘Briuah freemen—here, everywhere pre- | to ablde—that patrictisia is yet one of the noblest char- Supreme Court. carred was not foreseen. But tle euficions for this case thas and seeing the danger to ~vhich they were ox by | found man, a great reasoner, who met tho great men of | cerved, everywhere maintained— which the constitution of | acteristics of the people of Missiseippi—that they yet re- Before Hon, Judge Alten. the Tegalssaze have not coer Be Telator in office after ‘Mbat most damnable her sy incor; most impiously | the day—such as do not exist now at all-Clay, Webster | every State declares shall ‘be kept inviolate; that sacred Ped the constitution—that they know nohigherlawthan | ‘ _. | the 81st of December, . heads of the executive 4m the ancient democr”,tic creed of the country, I dared in | and the rest. He sometimes overthrew them in Oght,and | process by means of which bonest men, good and true Constitution of the Union—that they love the Union of | CITY INSPECTORSHIP—-MOTION FOR MANDAMUS | departments, as organized and ited under the act of. every part of the State, in every village and city of that | always came off at least equal, Call Cafhoun traitor! | men,men of sense, men of conscience, men who respect | Our fathere—that they love to maintain their own rights AGAINST THE MAYOR DENIED. 1857, held office for two ee ee )pointment @oaat, to denounce the heresy and to prevent the evils | When did he urge apy part of bis countrymen to | their oaths, men who deal fairly between man and man, | while they aggress no’ on those of o they main- May 17.—The People at the Relation of George W. Morton | of a secpenents: Ces. ae § io It is very ‘which have since, arisen to the country. Mr. Buchanan’ | violate any law of tho lana? If Calhoun were here | who fear not the powerful, who attempt not to conciliate | tain the right of jury inviolate, and that they are growing ts, Daniel F. Temann, Mayor.—Motion for s peremptory evident that sec! no apres poppe office letter of “6 inthe moat unequivocal | to-day he would issue euch a rebuke from those noble | the rich, but who with honest manly consciences dare to | in knowledge, crowing in virtue, srowing in ‘triotism » Daniel F. Memann, Mayor. —! at the time the act should become a law. le from ite dangerous as itis. Ain | lips of his to tho individual thus calumniating him as | doequity and justice to all men, according to the law— | and entitled tothe respect of the world ir honor | mandamus denied, with costs, The following is the de terms, which indicate ite application to pace rahe appcint- ns Fi TULANE 55 $ 5 g 2 mhrascology , the insiple ‘same oncunce anybody? I think note reokon that the “was accidentally drawn up in that way. (Laugh- r.) Wir. Douglas, the present advocate of squatter 807 ty, is a very clever fellow, a very patriotic map, but was in error on that subject. really do concur with him in supposing that not much practical value in it now, ‘and therefore I forgive him for any error on the subject. think there is a much more egregious error committed apy Southern man who goes into the bosom of a New State, and who tells the people there that the Nebraska bill, which incorporated in express squatter sovereignty Frise could do simp Tal ts topia he re pera ar ny ly fail to legislature jon of sla. alavehsiders and thelr pro] are virtually de. ed from the Territory, That is what Mr. Davis eaid. not concur with him. I am pot here to denounce I think it wasan honest error, but just as danger- one as tho ae sovereiguty theory of Mr. las. (arf should entertain such a notion, I ‘ly since the Dred decision he |. My own opinion is that the Dred Scott decision having recogni: the existence of slavery in the Terri- tories, Congress the establishment of a territo- rial government require as a sine qua non that the first ect of the Lo apery Legislature eke be Lew pro- , securing and guaran' ly all property re- ized as such by the cons! ction and laws of the I Di ; and in the event of their-failing todo so I would them out of existence as I would any monstrous @xcrescence on the body politic. That is my doctrine, I do not say as Mr. Davis said, that slavery can be ef- debarred by the non-action of the Legislature. Bat that was a mistake. Apollo does not always mer sometimes n¢ HH It is ‘one of the ppots on that bright disc of reputation which he thas placed in the heavens for you to inspect. But, my Yriends, say that, ao fer as the public mind ef the Nor is concerned on the slavery question, it wes never so mound as at the present moment. Some say, to be sure, «Why, the whole Northern democracy now adheres to Mr. Douglas.” I denot care if they do. They are still sound on the subject af slavery, nor would they be guilty ef any aggression on our rights. I know’the fact, and can Hi it, that the edberents and associates of such men as llmore and Huns and Everett aed Winthrop, and others ‘@ that sebool,ell over the North and East and North- ‘West, are at the preset time perfectly sound on the queg- Won of ge i I know they aro prepared to aid in the election ©! a slaveholder to the Presidency of tho Whited States 12 1860 in preference to any other man, and ‘will join in electing him only on the ground of non- agita- Yon of the question of slavery and of the future admisgion @f slave States into the Union, without the least regard to whether they are slaveholdiug or non-slaveholding. ‘That is the condition of thepublic mind at the North. “Ah, bts,’ say some gentlemen, “that cannot be the case. Have there not been some clectiors there im oppesition to Buchanan, ‘and have not all the Northern States decided against him’ Yes, they havo. did decide in Iino's agaizst Buchanan’ and > ‘vor of Dougits, but in doing so they overthrew black ropudlican- Yam, although some peoplo In Mississippi havo said that Shey vrould have rejoiced in the election of the opposition eation of order, @andidate. Mr. Moopy rose to & They bad not ome here to hear political epeeches, Mr. Foors suggested that he was discussing the Tublic mind of the North onthe subject of slavery. The Present (Henry S. Bennett in cham), raled that ‘the discussion was legitimate. ‘Mr, Foore (resuming)—I say the public rind of the ‘Worth was never ip so favorable a condition. Mr. Lawrox, of South Carolina—Will the gentleman be Kind enough 10 ezplain the recent declaration of « leaaer ‘of the geeat Ling A of the North—Mr. Soward—who said in his Erie speech that the destiny of thie country was either for slavery or froedom? How can tho gentleman recon- eile that ceclaration with what he has just said ? Mr. Foors—My dear sir, take your seatand I will ox- Plain it. I amrastonished the gentleman should ask such “ a@question. Ihave yet to learn that that accursed mon. ster, called William H. Seward, ise propor representative of Northern sentiment. I know the contrary, If the gen- doer not know it, I du. Mr. Lawror—I do not. Mr. Foorr—-At a late meeting at Washington, where Abree hundred men assembled, every man from the North denounced Wm. H. Seward; denounced bis theories as accursed; denounced the whole higher law, and openly declared that they intended to give, as fr and patri- ts, the strongest guarantee to their Southern brethren at ‘the next Presidential election, not to vote for apy man for ‘the Presidency who was pot aelaveholder and sound to the core on that question. (. poe * * * My friend, Mr. De Bow, spoke of a revolation taking place fm the public mind of the North with regard to the slave trade. Mr. Dz Bow—I stated that with a view of estopping the ition from asserting that we mes not legitimately expect to create a revolution at the North again, . Foorg—No doubt about that. But the gentloman simply said that if that revolution in the public mind were effected the other one was certain to follow. Ido not think ‘that this agitation is going to have an efiect on the country. ¥f so the gentleman has to have a battle with hie friend from South Carolina, who bs ase to invoke his country- men to raise arms, for the purpose of defending their rights, but for carrying out a m of ‘aggression. I pronounced his speech treasonable last might, and I come here to-day to repeat it. What did the tleman say? He commenced re ing that by the ion of ‘Congress heretofore, rights of the South had been continually violated; that by the compromise of 1850 in particular, all the valid rights of the South had ‘een yielded up, and that there was-notbing now needed ‘Dut penal statutes to enforce the dominion of the North and to subject the South to a etate of the most degrading @ervitude. He said that to keep it up there must be the clash of arms between individual citizens of the South ‘and the power of the federal government He speaks of the hireling labor syatem dominant in Virginia, land and other States as — aga serious preventive to the proper measure of resistance, and says that democra- ey isin the way. Oh, Democracy, how your glory is past away. Sic transit gloria mundi. (Laughter.) A ag rg from the great State of South Carolina, fresh m that victorious icid where he has fought so gallant. yy, and so'nobly in behalf of the importation o: Africans for slavery, and in defence of those individuals charged with piracy under the law of the land, comes here and pro- ‘posca to Fey armed resistance to the laws of your govern- ment. He eays that Virginia, Maryland and other States are operating as serious preventives, and complains that democracy is in the way of this famous measure. ‘Then *‘ down with democracy |” gays he, of course. Put down Crogeat Ah, my friend of the Sun (direct- tng his look to Mr. Roy, editor of the Vicksburg Sun, who ‘was sitting at the secretary’s table), what do you think of that? (Laughter.) Thou, illustrious Collector of tbe port of Vicksburg, thou magnificent champion of the reopening ot the African slave trade, thou man of learn- and letters, and refinement, and accomplishments, aad jotiem and bravery—a man of deeds, doubtless, a ‘well as of words—thou who travellest abroad occasional- Jy, to see the larger lights of the lic, to converse with such men ag James Buchanan and his Cabinet, to give and to receive Ligne, thyself no longer a planet, but a re- splendent sun, shining in the firmament with no borrowed raye—thou Collector or the port of Vicksburg, cworn on ‘the Testament of the Almighty God to mainiain the laws of the Union—thou who urgest in every column of thy ‘ewspaper the open breaking of the law, urgest it in the face of the country, aud almost in the hearing of James Buchanan, who is sworn also to maintain the lawe invio- Jate—urgest opposition to one of the best established laws ,@n the statute book—urgest that the laws shall be tram- pled under foot, and rejoicest that semi-savages from Af- Ties are brought here in violation of law and exhibited to-the view of your fellow citizens in exultant tri- over a government of which you aro a functionary—what thinkest thou of that? ‘Roars of laughter.) Mighty God! what a condition of | (Renewed Iaughtor.) High functionaries, ap- Proved functionaries, illustrious functionaries, favoriies ef executive chiefs, special protagés of illustrious Sens- tors of the Union, here openly, in the city of Vicksburg, im the:zheart of the Mississippi valley, in view of their countrymen, and in the cye of all mankind, dare to ‘ansert that we have no longer any government worthy of ‘Teepect, no any laws worthy of obedience, and to incite citizens, y appealing to the lowest characteristic of buman nature—the vulgar quality called cupidity or love g0ld—togo on and violate those !aws, for these Africans are very sloek-looking fellows, very handsome, ead will answer remarkably well for plantation purposes. (Laugh- ‘ter and applause.) These gentlemen of the press—these enlighteners ot the public mind—thess expositora of th faith of party—these gentlemen who talk about the con- Of Other men who have been standing on the Union platform for ten years past—these men who dara {© publish vulgar caricatures of men more respectable than thomselyes—(peals of Jaughter, the allusion being to s double illustration in the Weekly Sun, showing Senator Foote in 1860, before he had got bewlgged and dyed, and sowing him tn 1860, after ho waa thus metamorphosed) — he phone You of them, citizens of Vicksburg and men Tak a gee Laughter.) Gentlemen of this ort tly and hear a man from the Sisto of South Carolina denounce democracy, and Rot @ groan is heard from om iy ‘~ bee their bosoms, not one tear of etead, smiles of this attempt to country. ry must be true—that the democi oard, for its favored and special ‘chimpione teary hoe openly and give applause to all the denunoiation. # « But the gentleman from South Carolina went on a little fw ther and gpoke about the snake in the grare—anguis in Aerba, It ia not a snake in the grass. It is an u er trbem, it iw ‘a serpent open to the view. of every one. ond, W, Bays that certain people talking about disunion and treagon. Know. Wize he alluded to, Ido not know what d I never undertook to say that Mr. Cathoun Wesatraitor. Never, And [shall not andortake to fay that any man Who deolares his free opinion and thoughts om apy question, is a traitor, But i do say that under the conativution of the United States, armed opposition, or the lovying of war against the government of the Union for the purpose of overthrowing the laws, by two men or many , is made bigh treason; and Beay that you wore invited esterday to do thae ver bing. Tsay that that is tragona- le doctrine all over tho United States, God forbid that the the South should produce traitore. God forbid expecially that I should charge Mr, unlhoun with having beon a traitor, ‘The gentleman (Mr. DofBow) called Mr, Carboun the Pali, Buras of Lhe South, sorry that he thus cognomen- ized him. ite and I Doth recollect, from tho pages cf Virgil, that Pasigurus jumbled in the middie of the might would make him less a libeller all the days of hi life. Tnay ‘again that the laws of the Union, standing unre pealed, sustained by the judicial tribunals of the land confessed to be constitutional by all except my friend there (Davis, of Panola), all armed opposition to them, allaesemblages conspiring for their overthrow—the so- lemn declaration that they may be opposed or nullified, and that the judicial tribunals of the country may be set at baught and defied, and that if the United States govern- ment sends its functionaries to any part of the South, they ought to be slaughtered and put to death—all that is trea- son, What is it but treason? If it be not treason, I never heard what is treason. That is why I oppose it here, in the gellant patriotic State of Mississippi, and law- abiding, too, whatever men may think to the contrary. The gentleman advanced to the grand conclusion that some expedient was now necessary to be resorted to, on the part of the people of the South, to give to South Caro- ling on aggreesive attitude. These are the words. The gentleman aseents to it. Seward and that band of conspi- ‘tors said, years ago, that the slaveocracy was aggressive. Mr. Calhoun in some of his noble strains of oratory vindi- cated bis native by asserting that slavery was the least ressive of all the institutions of the country. le said that all they wanted ‘was to be let alone and the South would take care of itself. Mr. Seward commonly says—and the Tribune and other pers respect the agsortion—that the South is aggressive ‘hat charge hag done more to sow the seed of unkindness in the minds of the patriotic men of the North than any- thing clae. I deny that the South has been ever aggres sive. I acknowledge that some propositions have been ‘urged once or twice—which the South generally misunder- stood—but I deny here, as I have denied every where, that the slayehoMers are ‘aggressive, They are a peaceable class, a patriotic clara; high minded, chivalrous body of men; and when devnagogues among them dare to put them on the aggressive track, these demagogucs never fail to be rebuked. The gentlemen invites us to aggregs‘on. Tam not prepared for aggression. { do not know her youare. He gnys that it is noceseary to precipi the issue with tho North. What is the issue? An issue of biood, of violence? Is there a man here, democrat or not, slaveholder or not, who does not feel that this is true? Does apy body, then, blame me for denouncing this at- tempt to sow among us treesonable seeds which hereafter would spring up in baneful fruit, ‘unless the cursed seeds are trampled into the carth at once, thus’-(And the speaker suited the action to she words.) He says that tho re-opening of the slave trade must take place, and take place immediately. He says it may be that the ob- ject may not be obtained except through « dissolution of the Union; but if so, then let the Union be ‘dissolved. And you acclaimed to it. ‘You undertake to denounce me for calling him a disumionist after that. © * * A nobler a does not ‘exist than the pepulation of South ‘olina. A more gallant, upright and patriotic State is rot to be found in the Union. But she bas always ‘Deen pestered with demagogues, especially of Into times, since the great men of the old es have sed away. Your Barnwell Rhetis, et cetera, (laughter) now curse the State where once giants moved in graudeur. This Mr. Barnwell Rhett said one day in the’Senate of the United States that South Carolina was for disunion. A gentleman who had just passed through the State said thet the Senator misunder- ‘stood the public sentiment in his own State most wofully. Rhett said {t could not be go, bet if it should turn out to be so, he pledged himeelf to resign his seat. In less than four weeks from that timo pocr Rhett had to resign his seat and-go home, because’ had prophecied falsely of the action of South Carotina, and it was necessary that bo should redeem hig pledge. So they misunderstand public sentiment now. Nine-tenths of the people of South Caro- ling would to-day vote agatnet disunion, based. on such a proposition a® reopening the slave trade. I rejoice to know ‘1 the genticman’s enlightened cclleague here (Colonol Dudiey,) with whom I have converred—a man of higtr stending at home, difters with him in regard to the eentiment of South Caroline. So that the gentlemen (Mr. Sprat:) cannot comtro! the action of South Caroli even in this assembly. The’ noble, patriotic State of Porida has§ijeent here a petriotic citizen—a government officer worthy of the mame—to support the laws which he has sworn to meinteiy inviolate. If the gentlemen, there- for>, will persist in their disunion movemont, they must do so im ited compary: but they camcvi av Hu im “MIBSIS- sippi. (Applause. Tknow little of the northern countries, but I venture to ou cannet get the thinnest peer ‘woods county te do what is asked here, My friend, ir, Adams, here, from the piney weeds—s learned man, & patriotic citisen—says they do not want black labor out there go much asthey want white labor. They are not anxious to tnorease their number of negroce, but rather to increase the number of white people. Mr. Apame (rising)—Sir, 7 put me'wreng. hen ii you in favor of opening the African slave trade? Mr. Apams—No, sir; but the other remerk which you have made I did not make. Isaid this—that I believed the African slavo trade would hayes tendency to drive out white men from the South, and that we wanted white labor as well as black labor. Mr. FoorsWell, that is a good-deal better said, but it expresses the same idea. Woll, we will take up ‘Mr. Spratt tittle further. He denounces i enactments because the powor of legislation is with the North, and he urges that this meaeure—the opening of African slave trade—should be cerried into effect in opposition te such enactments. There is honor, he says, in such violation. Ihave heard there was honor among thieves, but I never did hear in the United States, in the land of law and order, that it wasan honorable thing to violate the constitution of the country, or the laws in ac. cordance with it. What notions of honor has the gentle. - man? Honorable to violate a law! Honorable to violate | & constitutional enactment! Herorable to oppose the constitution and Jaws of the Union! Honorable to sai! across the stormy ocean for the purpose of obtaining by illegal means possession of the persons of some unfortu- nate Africans, dragging them to these shores, parading them here in the view of your fellow citizens in acknow- ledged opposition to law! "He says this is all honorable. Honorable! Then it is honorable to commit a penitentiary offence. (Laughter and applause.) It isa very credita- ble thing for a man to commit burglary. (Laughter.) ‘The gentleman undertakes to say it is honorable to do ‘these things. Does he know who made the constitution of the United States? Wiser men than he or I can ever expect to ie. * * * And this constitution is to be ect at naught, andthe men who made it are to be treated ag fools, idiots, not capable of understanding all these wise notions which the gentleman has undertaken to promulgate. In my judgment there is not a par- ticle of wisdom ‘his speech—not a particle of sound rationality in it. Did I not know that the gentle- man was never within a lunatic agylum,I would have said that that speech was the wild maniacal raving of some man. who was utterly insane and beside himeelf. Talk about it being an bonorable thing to violate the laws of the United States ! Mr. Seward said soeome time a He dared tosay 80 inthatawfu! Cleveland speech of his, and when my aseociate in the Senate of the United States got up ono day aud read that higher law speech, in which he dared to inyoke men to violent opposition to the laws of the Union. Mr. Clay leaned across to Mr. Seward, and said with eyes of su) ae, and with indignation, blushing along his ma- jestic face, ‘Sir, in the name of God, did you make such a speech as that?’ Seward, with husky accents, depressed ‘visage, and almost with alarm, confessed that hedid. 1 never forget the expression of indignation I saw then on Mr. Ciay’s face. He leftthe Senate Chamber, and Thad the honor of walking down the hall with him. Said he to me, “Sir, Soward is an execrable man, and thet is an execrable doctrine.” Igay the same. The higher law is the came with me, in the North as in the South, eee Seward has been in the habit of de- Supreme Court of the United Statee—that great buiwark of the free—that ilius- trious tribunal which adminictered the lew of the land to the North and the South, and the East and the West. Mr. Seward says—as my friend DeBow said this morning—that the e Court must be reo! iced, He wants them elected by some means which will enabio abolitionists to violate your acta. I dc not go in fora re- organization. 1 go in for maintaining the authority 0” that Court, I gon for sustaining the jxdges in the firm, inflexible performance of their dutics, I donot stand here to denounce bg. minded men liked Judge Campbell for daring to define the law of the land. I intend to detract nothing the well earned fame of any one of thoso illustrious judicial chiefs. I intend to do nothing to lessen the influence of that noble appellate tribunal of the i—that great sheet anghor of the Sou:h—that great Tova of the dearly chorished rights. of the South. have always ncticod that tho extremists of he North and Seuth ¢o always’ to some extent harmonise in the pur- suance of their extreme prejudices. Mr. Seward says he oe Court. What say these gen- tlomen?”’—“We do <aro to moorganize it. ‘We have got @ shorter cut.” What ie that? “Defy that Court. Put down its decrees by rms; and if they send thelr function- aries bere for the purpose of enforcing their decizions, we ‘will raise arms—we will. wurder ia cold blood those minis- terial functionaries 0% the cation.’’ Yes, sir, it.was said that any attempt to «1 Worco the laws of the Unian should be met in arms, and thatthe very first clash of arms which this horrible ia we would precipitate would blaze forth with as much glo’y as ton and Concord. J gay that thal isa treaso wble doctrine, and every jatel- ligent man in the United Staves will so understand it. I lament that in the State of Mierissipp! I should be com- pelled to meet and to repel such.2 dectrine ag that. Those gentlemen would defy the Supreme Court of the Union ould overthrow its efficiency for good—would put dowr in blood its decisions, in the exercise of what they cali their aigher law, and yet expect themselves to be recog. nized ag the entightened friend of Southern interests, They are practical abolitionists, they do not know it. - Their plan wouid more effectually undermine the in terests of the South than any otiner expedient; and if Seward and his company were consuiitod,, tt ey Would bave declared their desire \bat this particular movement should, of all others, ie adopted, for the parpose of enabling them to actain their agcui ends. But this gontleran says there is honor in such violation of the Inw, and then he eulog'izes some Mr. Lamar. We Oughtto bo called Le Mars, ,"@r ho 1s a sort of “gon of Mare” against this government, (Haughter.) But, say they, his ly is respectable, Well, I have known members ofa arre connection t ofore now to disgrace their family very often. Some of the most respectable onnections I know in the United Stat.’s have some very nouncing the will reorganise the Su; black sheep inte: among them, This gontloman dares piratically| mene violations «f the law of the land, i1isname is Lamar, and he is the fridhd of the entleman from South Oerolina. (Laughter. Whatdoes Str. Spratt, as his friend, may 2 Why, he AVS ho has raltod tho tlave trade tag In dofiance of ‘tho gens."#! fev: + and he rajeives i stars: < ban- ner, which all pau deal issn — O'er the Sand of the free nd the home of We brave — that institution is now to be dishonored too. (Applause. ) gentleman is not satisfied to have the goverament sePat naught, to defy the constitution and the laws of tho Union, to have the appellant tribunal of the country which has done so much for all, and eg] lly for us of the South recently, overthrown—but the trial by jury is to be dishonored. For what gay the gentlemen ? * South- ern juries will uit.” Let a man go on these adven- tures openly; let the proof against him be overwhelming, piling Pelion upon Ossa, still twelve Southern men on & Jury willacquit. I say it they do thoy perjure themselves. ‘This piracy is to be honored first, and then the peciury all of which, I suppose, is very honorable down in South Carolina. I don’t! believe it. The gentleman is migtaken. He may consider it honorable, but nine- yenths of his countrymen will look upon it as a gross insult, as I maixtain it is. I stand here to vindicate the character and reputation of that glo- rious ald State. Piracy and murder and perjury and opposition to law are not held to be honorable in South Carolina, except by those who are influenced by love of gain, who go across the deep on piratical enter- prizes, and by s few men who dare to sustain these igno- bie and lawtess actions. (Earnest applause.) Now, I think that I bave made out that pe acuae point. The gentleman stays, in conclusion, “if the general govern- ment dare to Interfere for the maintenance of law by its appoiuted functionaries, we are ready to resist them, and another Lexington and Concord will blaze forth.”’ He said again that ‘slavery must secure to itself the moral force of an aggressive attitude; and we must say to the general government that, charged with the safe keeping of that institution, we will trust it to no other hands.’’ 1 say the institution called slavery, guaranteed by the constitution of the United States, profected heretofore under the cegis of federal power, is yet, in my jodgment. to be sustained b; jovernment of the United . by the Supreme Court of the Union, and by the judicial officers of the Union. is where our anceetors laid the charge, in part. In part we have it in our keeping; and I, for one, shall constantly demand of the federal gov- ernment, through all its functionaries, to maintain our rights inviolate. I consider that the true Southern doc- trine. But all this is to be done for the pury of accom. plishing @ great practical object. Now, let us sce wRat good it is golvg todo. Cui bono is the question. I kave convereed with friends on the subject, and have en- deavored to understand it from their teachings more than my own reflections. I have beer born in a slave State, am familiar with the ‘institution all my life, have dwelt in its midst here for thirty years, and have defended it im the national councils as your representative I never beard it assailed in my life I did not defend {t. Inever considered it an evil system; I knew it is a noble system. I believe it the moet important Interest of the country— tmporteat in every point of view, pecuniary, moral, so- cial, and as tending to advance civilization. I believe it is the Dest institution for the African. Igo infor using ‘the most judicious means under the law of the land for maiztaining it inviolate and giving ita just supremacy. But it needs no vulgar truraping up ‘on the part of tho general government. Give it fair scope and verge and it ‘will expand itself in all congenial territories. I belicvo that in lees than two years from this time, if we are wise, we will have a slave Stete in Southern California. Tre State bas been divided within the lest six months for thi purpose. The vote in oem on having ita slave State was very close, and it would have been made a slave State but that it was supposed not to be wise to press it in the constitution, lest the State should not be admitted inte the Union. Oregon ts well adapted for ery. Iknow its climate and soil,and I know that both are admirably adapted forelavery. It isa milder climate, if pessible, than ours, and has only three weeksof winter. The soil is rich, and the people want elayes to clear away ‘tho forest and cultivate the land. It you rely op your constitutional rights you willhave slavery in Oregon, in Washington Territory, in Southern ‘Canfornia, ia Arizona, and in the yetto be acquired territories of Chihuahua, Sonora end ‘Sinaloa, Act with wisdom—act with moderation and with an en- lightened regard to the tru» character of our ennobling institation, “A member o: tuis Convertion has made mo some notes which I ata going to embody in my speech, and whick contain guggestiong that al) ef you, as patri- otic men, are hound to anprove. gaye Bis first vtjoo on "Stns depreciation ‘of the vals of preducts of siays labor that must necessarily result from ite ‘ncrease. You know, and every men of sense knows, that the value of slave property must be in proportion to the price of cot- ton. ‘The gentlemen from South Carolina says that the ‘effect of this measure would be to ‘some extent to bring down the price of slaves; and my taller friend from Mis- siesippi (Panola Davis) does net hesitate to say that, in his epinion, one of the greatest ad arising werages from the reopening of the slave trade would be that slavcs and reverence for law? May itbe my bappy lot here. after to be allowed thus to vindicate this noble people, in- stead of being compelled to hang my head in humiliation oyna end. to confess that the pears a of the land bave ali passed away—tbat the chivalry of the South has become mere robbery and spoliation, and that the former dignity of the South has passed away like a dream of the morning. (Loud and long continued ap- plause. Mr. Bennett obtained the floor, and the Convention took @ recess till 3 P.M. AYTERNOON SESSION. In theafternooa session Mr. Apams, of Paulding county, to whom Mr. Foote had referred in his speech, took the Platform to explain what he bad said in the conversation to which Mr. Foote alluded. He declared his belief that the cheapening of African labor would have a tendency to drive from the planting States the non-slaveholding Clasees of their citizens, who constitute their bulwarks in time of war. Mr. Hewny S, Benet took the stand to make a speech in reply to that of Gov. Foote, who, he said, had gone North to find his friends ‘Mr. Foore inquired whether Mr, Bennett impugned hie motive, Mr. Beynert did no such thing. Foote’s motives were good enough. But he had indicted Mr. Spratt for treason. He (Mr. Bonnett) would strike the name of Spratt out of the indictment and ingort that of Henry 8. Foote. He would make Foote, too, the wit- nese against Foote, and get him to give evidence about thet speech whieh he made in the Senate of the United Skates, in which he threatened to hang that good old abo- litionist, John P. Hale, in case he visited the State of Mis- sissippi. Mr. Foote had boasted of being independent He was neither for God nor the devil, but he was ready to be taken up by either. (Laughter.) Like the thief on the cross he implored the political god to remember him; and the response might be from the North: ‘This day thou wilt be With me m Paradise.” (Loud laughter.) It reminded him of a Dutchman in the revolutionary war who, before he went into battle, prayed in this way: Oh, Lord be With us this day, and help us against our enemies; but oh, Lord, if you cannot be with us, just lie low and keep dark, and you'll see one of the ‘tamtest’ fights you ever did gee.” “(Loud laughter.) Mr. Foore would like to interrupt the gentleman here in regard to this personal matter. Mr. Beyert declared that he hed made no personal al- fusion whatever. oes of laughter. 2 ‘Mr, Foors wished to know ¢istinctly whether Mr. Bon met meant to be understood that in bis . Foote’s) public life, North or South, in Congress or elsewhere, he | ever performed an act or uttered a word intended or calculated to conciliate a Northern pirty, in opposition to Southern interests, for his ewn benefit. Mr. Bensert said he would answer the question very candidly. The Presipgnt insisted that gentlemen should observe parliamentary rules in this discussion. Mr. Foors insisted thet be was entitled to ask the ques- tion, and he intimated that the chair was doing him in- justice. Cries of ‘Order, order.”” The Prusrvsyr insisted that Mr. Foote should preserve order and parliamentary decorum. He had duties to per- form here as President of the Convention, distinct from duties which he owed to himeelf personaliy, and which be would perform eleewhere. If the gentieman bad no re- gard for himself or for the Convention — Mr. Foors (very excitedly)—You lie, sir, if you say I have no regard for myself or this Convention —— Greet excitement, calis to order, and indications of a personal difficulty. The Pamwenr replied with all the calmness that he could command, that the language of Mr. Foote was not euch as the Chair fine pag: mera of coe ‘ Mr. Dexzmer wantion that he ot jn- tended to aren Mies Sooke ‘before thie wribuaal He ‘went on end attempted to enforce the doctrine that juries had aright to acquit persone charged with slave deal- | ing, even though they had no doubt of the facts, because He bad no doubt Mr. citien of the Court:— er for the pay ment of the salary claimed by the relator as “City Inspector’ for the months of January and February, 1859, Upon the return to the alternative writ of manda- mus, the relator, not controverting the facts etated in such o Bi b eturn, moves thata peremptory writ iseue, There are 10 disputed facts in the cage, mistekee as to dates which do not mislead and are there- fore immaterial, the alternative writ presents every fact peceteary to a determination of the controversy, and the return neither traverees or avoids any fact alleged in the writ, The parties differ ony as to the legal resuits dedu- cible from thoge facts. The relator, prior to the pas- sage of the act amending the charter of the city in 1857, was elected to the ofllce of City Inspector for the term of three yeare, and his term of ofiice would have ex pired on the dist day of December, 1868. By the act of 1867, the government of the city was re-modelled, i among other alterations, the mode of appointment an the tenure of office of the City lospector was changed. No appointment to the office has been made under the pro- visions of the new charter, and the relator claims that he ig still in office by virtue of his election under the former acta, He bases hisclaim to the remedy by mandamus p- on hie title to the office. This prerogative writ can only igsue to coforce a clear legal right. The relator necessa- rily tendered an iseue upon the legal title, hig mere right to the office, not upon the possession and the exer- cige of ita functions under color of right. After alleging the facts he saye, ‘that be therefore continues to be and still is, and, during the months of January and Febraary 1859, was the City Inspector of the city of New York, an entitled to all the salary, fees, perquisites aad emoluments thereof.’ The ealary and feee are incident to the title and not to the usurpation and colorable possession of an office. An oflicer de facto may be protected in the per- formance of acts done in g ood faith in the discharge of the duties of an office under color of right, and third persons will not be permitted to question the validity of bis acts by impeaching bis title to the office. Public interests require that acts of public officers, who are such de facto, should be respected and held yalid as to third persons who have an interest in them and as concerns the public, in order to prevent a failure of justice. (2 Kent Com., 205.) But it does not follow that ‘a right can be asserted and enforced on bebalf of one who acts merely under color of office, without fegal authority, as if he were an officer dz jure. ‘When an individual claims by action the office or the inci- dents to the office, he can only recover upon proof of title. Voesession under color of right may well serve as a sbield for defence, but cannot as against the publiobe converted into a weapon of attack to secure the fruits of the usurpa- tion and the incidents of the office. It may well be that every act of the relator as City Inspector bitherto done by him may be valid, and the city bound by all his contracts and engagements properly entered into, and yet he not be entitled to claim apything more than mere protection and immunity from action as an officer de facto since the the lst’ of January, 1859, Evidence’ establishing the fact that an officer issuing process is aa cfticer de facto is not merely prima facie evidence that he is an officer. It is conclusive for the protection of a min- iaterial officer required to execute such process; but tocon stitute a person an officer de facto, a mere claim to be a public officer and executing the duties of the oflice, is not sut- ficient. There must be some colorable right of office or an acquiescence on tke part of the public for such a length of time as will authorize the presumption of at least a coior- able election on appointment. (Wileox ve. Smith, 5 W. R., 231.) Whether the relator was, during the period for which he claims his salary, City Inspector de facto, or what rights or liabilities result from bis acts, either to third perons, the public or the city goverament, cannot be de- termined here. It 1a claimed by the relator that the title to an office cannot be tried in this proceeding. If so, then the defendant is entitled to a judgment diemizaing the writ; for, whether the right claimed is establisned by evidence which would make the relator*an officer de facto, or by that whtch would make him such de jure, is immateriai. lb cither, case it is proof that he i8 an officer, in both proving by evidence dims ing in degree that he is an oficer de jure. An officer de facto io prosnmad to bo an r ed under the act. Provision is made in subsequei the e! tion in ® charter of incorporation uj they the year only, in such cases the officers cannot hold over Aside from some clerical | beyond the next election day whe year. When, by the constitution of the coi the officers are elected for a term, tnd until their sucoes- sore are elected and qaalified, or when they are elected: Htrictive clauge, the officers may continue to offices after the expiration of the year, and until they . in respect to those then in office. Tully y. State, 2 W. J. Aun, J. This proceeding ia instituted to compel Carter's Rep, 600, is, I think, in ee, decisive of the the defendant to countersign the warrant ofthe Comptroll. | case. The labus of the case, 60 far as it, is to syll fect eae there is an express or implied the time of holding {fice ander such charter, as that the officer shal) be an- ually elected on @ particular day, and that they shall old from @ charter election day until the next, or that shall be elected for re or the end of or “the year ensuiug,” and the charter no re- bold their are fuperteded by the election of other officers to fll their places. The action was against the sureties of schoo! com- missioners who had been elected under an act which, as case, bad been repealed, for a default happening after their term of office had expired, and before succes- gors appointed under the substituted law had qualified. The Court in the opinion quote the language of the lastact, aod eay that it is as if it had read—Be it enacted, that in each county in this State in which there is no school com- missioner, ont shall be elected at the next annual Av; election. That in each county where there isa sc! commissioner now in office, such commissioner shall continue to hold for the term for which he was elected.’? This is substantially the provision of the act of 1857 under consideration, and the Court in Indiana say of the act of that State: ‘These provisions in effect re- peal the clause in the law of 1831, authorizing Tully to hod over till the qualification of a successor, and, as we think, place his cae among those of the first class’ recounted in thie opinion, in which there is au implied restriction upon the right of holding over.” Tne head note of the re- porter upon this branch of the case, ie—Under the act of 1831 a school commissioner could have yan 4 held his office until the election of a successor, and in cage his eureties would have been liable for his acts du ring bis continuance in office. The act of February 2, 1833, repealed the act of 1881, and limited the terms cf school commissioners to the precise times’ for which they were elected, and the sureties are not liable under that law for the acts of the com- migsioner after the expiration of his time.” it is not necessary to say, with the Court in case cited, that if there is no restriction, expresa or implied, in the law, an officer, elected for a given time, may’ hold over ‘until superseded by hi ceseor, for the reagon that, in this case, within the rule laid down there is a restriction imposed by the act limiting the term of office of the relator to the pre- cise term for wnich he was elected.”” I am of the opinion that upon his own showing, and upon the just construction of the act of 1857, he did not continue in office after the Slet of December, 1858. 1. By the repeal of the act un- der which he took office—which repeal took full effect upon his office on the day named—his authority as City Iaspec- tor wholly ceased. 2, There is no provision of law in force Irion him, expressly or by implication, to continue to perform the duties of the office after that day. 3. His time of office is expressly !imited by the act of 1857 to the time for which he was elected, which expired on that day. It follows that he bas not established a right to the writ for which he asks, and the motion must de denied, ‘with costs. THE COUP D'ETAT. Immediately on the rendition ~f this opinion, Mayor Tiemann, acoompanied by Coraptrolier Haws and the Mayor's clerk, Mr. Scott, pror eeded to the City Inspector’s office to take possession of ‘ine public property. Mr. Mor- ton was absent,and My Downing temporarily occupied his place. The Mayor , addressing Mr, Downing, eaid that he was come to t9’<e possession of the office, the law courts having dec’ ged that there was no City Inspector. Mr. Downing ’,eplied that in the absence of Mr. Morton he supposed hb’. ought to say that he would not surrender poegession, ,ough he would oppose no force to his Honor’s oflicer de jure, and in some cases, as in Wilcox ys. Smith, “the presumption is conclusive; bat it is only conclusive when the officer is to be pro- | the juries were judges of tho lew as well as of the facts. He read an extract from the constitution of Mississippi to support his position, but Mr. Moody charged that he was reading a garbled extract, the provision which he read haying reference merély to prosecttions for libel. If he were on such a jury be should be proud to render a duced Would bo so cheap that the Poor men of the coumry | Scviiot jn favor of ove Teave tounia tas oe ae Yrould be able to buy them. in anower to that I heve | the evening seesion. Tht permission was accorded—but us simply this to say—aa was, indeed, admitted by'iny | frst Mr. Foote was allowed to take the stand again, in Sriend De Bow—that if the price of claves is diminished in | order that he might refate the ingimvation made by Ben- ‘the market, fo far from the poor mean being able to pur- |. nett, that he was eeeking personal favor in the North, and chase, or being inclined to parchaso, the capitalists will ‘monopolize them all. It is elways0. Thero is no doubt about the effect of dimini tho price of slaves. In- crease the production cotton fivefold, | and ‘does -not every man ‘know that its price depends om the demand fer it abroad? The demand will be precisely tho same if you do not make this importation oLsiaves as it will be if you do. if you increase the production does not the price come down? Ifthe price of cotton comes down does mot tho eet tases come down? Ifthe price of slaves comes lown, then, the permenency of the institution comes down. Why? Because every man values his property an proportion to its actual intrinsic worth. If a sieve is Frorth $1,500 there ry higher ‘appreciation of bir: tian if 0 is wort . y apprehended trginia and the other middle States are very much inclined loeman- cipation? iecause slave labor is unprofitable. Nis an ad- mitted foctyzo, that if yousop the exportation of slaves from Mariiend; Delawaisand Virginia, these States would ‘Le comy vetted én less than ten or fifteen years to emancipate their si aves. They cannot werk them profitably on farms. Would you'be willing to shoulder teed muekets in yindi- cation of claveholding righte—wouid you be willing to fight for there ani risk your Koa ogd and bappiness if your slawes were only worth $5 apiece? Why, every man see 8 thet that is anabsurdity. Therefore, the’ perma- nence of the system de 1 Keeping the’ prices high. I, theref: ry bap these men with striking at the very Vitality cf the system. If the abolitioniete of the North were con valted for an expediont by meane of which the system ef slavery in tho South would be under- mined <ciffectually and «depreciated in the estime- tion of tbe slaveholders-cf the South, they weuld advise this very expedient. I do net think those entleme coneulted = with Seward & Compary. am eure thoy did not. ButI feel very certain that, al- though th ls expedient did mct originate with abolitionists, it is practi cally what the abolitionists mus! things, desire. * = M to give it, Of all ir. Footo went on to read and his assent rind epproval tothe suggestions handed him b7 his friend, and to which he had previously alluded. They areas follo wa— 1, The dep resiacien of the seine labo: A relation of the value of products of that grunt ne semmarily reault fom tes ikeroagsct © “Ave lator 2 ‘The time’ ie not propitious ‘or tts repeal. Woe should not agitato the qvaestion upon the-cve of a Presldentia: election, by wie swe couentrate the energies of the whole North for our verthrow. 8. BLould # bleck republican be elected, wo shall have porting a horde of wild Africans to eovrapl thems fund whereny corr: ¥ on mr domestotronble, an a = : ¢ natural increase of our slaves ‘8 ratio to doubl in twetoy-three and half years. We have now between four azd fiveriillions. Tn 1885 we éball have, by natural fncrease, Fea nb ns Wintel net beeen . entucl i Haves wit be pent up within len or sleven uthern States. Sappose—whet must inevitabl; admission of pew Territories, there sb: seamen, and pour a the value of her He said thateven if Wm. H. Seward Preaident of tha United States that would not cause him to Shara himaelf a diunionist, although he might ly blame others for doing 20. He believed cacy of federal office and applause.) He.explained the character of the North- & Soon to diesedminiatration i woe show: it was not.to be ascribed to of abolition sentimenta. = how the elements of ee yp ome iM, partly from disgust at federal interforence with State soveroignty in Tlinoia, partly: from indignation at the Presidest’s modeaty ir demanding that the whole naval and mailitary power of the government ahould be pieced im his hands, partly from his foolish end con- tempt \bie efforts to get thirty millions to aid in Regotiation for the acquisiien of Cuba, and partly for other causes. He svew thst Mr. Buchanan bad, within tho last twelve monibs, chi sauch men as iden, Bell and Ey zott with being abolitionists: and. if one of them, or Wan, C. Rives, that man of sound ae ability and ‘ungpotted escutebeon, sere nom: 16 Presidency the tocein of disunian sould be sounded in the South. He had been observing this movement for somo time past. He was preparing for these men. As s00n ag the news of the debate reached New Yerk—as soon as it was made known there in the columns of the Heratp that a distin- guished speaker from South Carolina had declared to an enlightened audience here in Vickaburg that the tioo had come for the Senth to defy the whole authority of the fede- - ‘ernment, to oppose in open arms the laws of ihe and, and to upbold piracy, the whole press of New York and of the country would point to the rocecdings of this my Oot hweajue ho told the Northern pespie for ten 26 he 1e years past—that the South was fed ive. Pore ty oot percoive that the effect of this was to swell the abolit ranks in the North, and to securo the election of a genuipe republican (9 the Presidency of the Union? He deptctsa (he consternation which, in cage of a large increase in tffo number of slave, an alarm of {osurrection would pro- Cuce. Tie had always been proud to declare that he had been born and bad lived im the supny South, Shall I, said thet a he i te Position which he did take. He or bia remarks that he was the mart of slfuee forall toe pers of his district because ‘he kad the maniinces and patriotism to judge and act fer himself, and that it ‘was only the New York Hersip ‘end one or two other national newspaperé that ever pai: him a compliment or treated him fairly. TVENING SESSION. ‘The Convention met again at eight o’clock, when Mr. E. &. Bennett resumed the remarkswhich had been broken of in the afternoon. He said thet Mississippi would have the slave trade reopened, peaceably if they could, fercibiy if they must, If that was treceon, there were 200,000 citizens of Missiesippi whose mocks were ready for the alter. The slave trade was a Christian duty and-an act of humanity; for thereby the Africans were taught the Christian religion and elevated :n the scale of sociel being. 1° petitions to Congress were met effectual, he was'in favor of bringing Africans here any how, whether ac appren- tices or slaves. The only objection that he saw to it was that the Yankees would steal belf the negroes from Africa, end steal the other half from the South, After Mr. Bennett had retired from the Platform, Mr. Moovy, of Vicksburg, took sho stand and reitereted the charge that Mr. Bennett had insulted the Convention, and atompted to commit a fraud sen it by reading garbled cts {rom the constitution-of Mississippi. He deplored rn which this debate hed taken. Peoploall over the country would laugh at and ridicule the Conyehtion. Thoy bad already made Miseiecippi the scorn and ridicule of the world, They had heard a great deal of the oppres- sionof the South. He was not aware that the South had anytLing to complain of in that regard. If it were true that ¢he South was.oppreased,-it weis cowardly in them to submit longer. But it was-scaridalous to urge these threais, which would not frighion anybody. They could not belly the American peopl, “ino how they oocld fix it.” They might ag well give K up. For himself ho was not opposed to the reopening of the slave trade, but be thought there was no use in ag‘tating the question when ten out cf fifteen Southern State: say they will not have jit, and when the statues of Mississippi make the import- | ation of & free negro into the State an offence punishable by afnécf $1,000. Hia plan was the apprenticeship sys. tem, and he quoted the opinion of Attorney General Black to ehow that the introdection of Coolies or Afri- | Cans 08 apprentices was not in comiravention tothe clave ade ac Judge Josrs of Ga., a talkative, elderly little man, who his aisunion -sentiments, the Makes no secret of |, took stond. Ho proclaimed himself a .disunionist since 1629, but he did not believe the fouthern £tates would out the Union uniess they were kicked out. He belioved thero was no ebance of equality in the Union, and he would rather die a poor wolf in the woods than live a fat poe any men’s Asien on dis ae He ae no alle- giance to any power geor, ‘trged the fallacy of the apprenticeship theory. iey would be brought bere a8 apprentices, and as soon as their time was out they woule be sold as.siaves. That itnot be dlave steali but to bim {t equinted a good des! like it. (Applause.) be were.on a jury, end a man were tried him under the slave trade , he would never find him guilty, be- tpefore the adjournutent Mr. Foors mado pology fore journment Mr, Foorr made an ay and explanation to the Proeient, and the President accepted theapology. Mr. was Called uj to ke mes ie Mr. Bennets, But he said that Talthough he had fender no personal di to the gentleman, not take back anything he bad said.” ae oat New Macxsre, Grovnps.—The Gloucester (Mags.) Advertiser is discussing the propriety of trying fome new grounds for taking mackerel. It is well known eee fishes Re —. in their old haunts, For- merly they were taken in large quantities in the of the year from Hatteras to Cod, and iA at till winter, in the Massachusetts Bay, where the fishing was.chiefly done. Now very few vessels are able to pay their way, either on the Southern or this coast, There are scarcely maokerel enough taken to supply the market with fresh fish, Then we followed the retreat- ing “echools’? to the Bays of St. Lawrence and Cha- leur; but even those distant fishing grounds are giving out, and ‘the Gloneester Advertiser suggests that they be tried in the seas north of Europe, and says:—‘Somo of the most intollizent of the natives of the north of Ea- rope, who are axong the most expert of our firshermen, state that the waters of Sweden and Norway abound in mackerel, which are not extensively caught, and never pickled, ee ug, but simply eaten fresh, aud held in about the sashe ostimation, and weed to about the same extent, as the rock flan which frequent our shores. Our sea captains who are acquainted with the North Sea, make the same etatements, and mabe they have often tected in the discharge of his duties, or the rights of third persone, or the public mterests are concerned. So ‘that it does not lie with the relator, who bases his right of action upon his titie, to say that such title cannot be tried in the preceeding istituted by himself; in other words, he cannot preclude his adversary from denying any alle- gation of fact material to his case, It is true that ordina- rily a right to offce cannot be tried collaterally as in an ac- tion to compel & Mixinterialcdicer to perform acts founded upor the proceedings of #a officer who 1s Such ae sucto. He has no rigkt to decide on the acts of an officer de facto, or adjudge them to be null. (People vs. Collins, 7 J. R., 649.) Assuming ell that is claimed by the relator, ‘nd that the Mayor sterially in countersigning the Comptrolie-’s warrant, the right of the relator to call upon ‘him to act depends solely upon his title to the office. 1e title is not, therefore, collaterally questioned, but is direct- ly in issue, and is the only material fact in the case. It ig insisted, on behalf of the relator, that by the omission or faiiere of the Maror to appoint an officer in his place at the expiration of fis term of office he held over and of right exercises the duties of the office, and is entitled to its emoluments. This, I think, depends upon the true con- struction of the@mended charter of 1857. I know of no law rule by which &. public officer, appointed or choeon for a wpecifie1 term, can hold office beyond that term upon the failure of the proper body to appoint or elect a suocesecr. Officers-and agents of private corpora- tions whose appointment is annual have, I think, as against tho corporatiens, been held to continue in office after the expiration of the year, when no successor has been ap- pointed, and they have eontinued to act by the sufferan ‘or permission of the corporation. So, too, ina municipal corporation, the subordinate agents and officers receiving ‘heir appointments from the local government, and acting as the servants and agents of the appointing body, may perhaps hold office beyond the term for which they were originally appointed, et least so long as they are permit- ted to act they may bind the ciorporation in whose behalf they act. The question has, I th ink, generally arisen where the rights of a thirc party ‘haye been concerned, an’ 4 there is a very obvious distin ction between such @ Ca zo and that of a claim by the: officer te continue to act. ne a matter of right and as ag ainst the corporation. The case of McCall ys. Byram Mar uufacturing Company (6 Con., +428), illustrates the point. T) se service of a summrous upon the secretary of the comp any @fer more than a year from the time of his election : had ela} was attempted to be invalidated, and the Cov wt, ime very cautious opinion, sustained the service, holding ‘ that*she off) cer, although the cflice was intended to be, and . was annur.l, continued until euperseded by the appointm ent of another in his place. The Court is, however, very careful to say that neither the charter or by-laws limite d th @ official existence of the cecretary. The uniform cour. se of ¢ egislation is very high evidence that there is no rude of the common law by which an individual elected or appe inted to office contin- ues in office after the expiration @ the term limited by law, and until a succesgor is chosene, od qualified. “It isa usual and wise provision inpublicetm rters that the officers directed to be annually appointed #h all continue in office until other fit persons ‘rhall be appo, nted and sworn in their places. This was the cage inthe charter granted to the city. of New York in 1686 and 1730. (2 Kent Com., 298; note A.) It is ‘‘usual,”” because it isdea Med necessary and “wise,” because it isnecessary toenable the off'¢>r to per- form the duties of bis office after the exp “ation of the term prescribed by law. Very careful provisio ©, is made by the Jaws of this State, for all the cases in w, ich it has deemed wise to authorize persons in office 0 hold. over bo- jond the times for which they were appoi ted o t chosen. 1¢ act of 1824 (Laws of 1824, p. 380) was ve ‘Y gen eral and applied to all officers who were duly °Omm dsioned and had entered upon the duties of their ective offices, and enacted that they should continue in off, %¢ unt U their Successors were commissioned and sworn. . Statutes restrict the power to officers duly (other than Justices of the Supreme Court) and = t sh and clerks of counties, includinj city and county of New York. (1 R.S. 117 vigor reported a section to the effect powers of every otber officer who should the people and not re elected should cease with th © te: for which he should bavo been chosen. enacted for the reason, doubtless, that neceseary. It cannot be urged as ecvidence that gislature intended that the converse enactment ehould be the law, elze why Provide in terms for the continuance in and clerks who were elected by the people, continued in office without the provision? BS intention. The Mayor said that he uow informed him that the ¢ fice was entirely in his (the Mayor's) posses— sion, 87 a he commanded Yhat no money should be pai? , cut ft r any purpose, or “ao business of any kind transw 4. ed, ‘aor the books and papers be interfed with—tow? ich Mr. Downing intimate: 4 that he (elt like tetting thing’ pro- ‘ered in the old way; whoreupen the Mayor said, “ I now Bire you notice that, ¥ place this ofice in possession of Mr. Scott, and I bav'apat ot wis dJeposal a suffices t police force to protect t? se public property for the night The Mayor and Cor gytrolier then retired, leaving :y{r. S20tt and two or thr’ @ golicemen in peaccable possessia a. Proceeding ‘ gence to the other office at Easex market, the Mayor ar 4 Comptroller found Mr. Webster i a posses- sion there. Avimilar scene was enacted, the Mayor put- ting his ott grelerk, Mr. Auld, in possession, wi tha force of police & y.gesist him. Mr. Webster offered no’ resistance whatever , Thus the Tiemann coup d@éat wa ; effected, and the ig ‘Inspectorship controversy brou ght to an issue. Abo at ten o’clock last night an attempt wa 3 made by Sever ai Jockemiths to pick the lock in the front; oor of the InsP’ :ctor’s office, but failing, they procuredak idder, and gxir Jing admittance through one of the winds ws, imme- die tely proceeded to remove all the locke on —_the doors, 47 id in the course of a short time new ones wi —ssre put on, ® nd the keys placed in the hands of the poiiee, Tt is said \ be work was done by order of the Mayor. A Warning Voice from South Om solinae A FIRE EATER ON THE POLITICS OF TH = E DAY Hon. Wm. W. Boyce, who represented the Fifth dis- trict of South Carolina in the last Co: , am = d_ has bis credentials in his jacket for a seat in the noxt, sends the following letter to the Columbia Guardian: — Savise Farm, May = 11, 1859, An intelligent correspondent seems anxia is to know my opinion on certain points that he alludes to ‘ T utterly repudiate Judge Douglas’ idea that » Territorial Legislature may discriminate againstslavery,i and nothing could induce me to support for the Presidem -y any ons standing on this platform. T consider it as clear ag a mathematical pr ‘oblem that the South bave a right to be protected with their siave property in the Territories, and that Con; or their in- struments, the Territorial Legislature, should afford this protection: As a question of practical action! —{ would ‘not at this‘time have originated this issue; but] iaving been raised as‘a Southern representative, I shall ( lemand the fullest measure of our rights. In reference to the African slave trade, while the Union lasts it will prove a firebrand to distract and divide our people, and divert us from the greater and £ ore import- ant issues of safety and independence. When I bave gathered my fodder I design to visit my constitnents in their several districts, amd hoy then to be able to give them at length my views upon the political complexion of the times. I be d, however, to say now, that mever has the future looked: more gloomy: tome. Weare threatened with the grestes t pone ea Jamity—the domination of an imperious Na ‘tb, and the paralysis of a fe shall ne xd all wisdom moderation te avert tho disasters + threaten us, {ica du the partof many ‘who aspire to crea pete Ta ies on the wi € DI - jon at tho South, oe It is but too probable that.a hostil.o: atstional possession of the ' government that event the South should not remain a menent mee North will soon aequire ‘Yet-s:ho does not feel that movement for oy at To made as much as ;vssible should ke divided ag much ‘South should —— North Bites of ‘tion, 23 ie ip in senti. this, in my opinion, the Shree fot rod evidence—first, that they deemed it n find second. + that officers not named were intended to be excluded as- eartee Deuaspep By TER CANADIAN GovERn- preisio unius, &e. Tk has never been supposed that Mem- | > “fur.=—The Detroit -dvertizer 14th inst. says that bers of Aesembly or Senators would hald over upon the es pp eoet ved the day before failure of the people to elect a successor. So,too, town offl- | tam demanded Bertha, Crete eocarshal Tyler had cers with specified exceptions hold their offlcesfor one year, | PSswoe the murdor of Canad ities to stand his a eee Cat hat Cea aan See in their places wrtlver to Complicate Sogge tren This will tend still and bave quali }. B47 . Thiscareful legisla- which surround tion discloses the mind of the Legisiatare, and is a legis; | . Nit. S7ler yet remains in jall at St. Clair. A record of lative exposition of the common law rule upon this sub: | \¢ Sioreme Court, and hes been filed in ject. “Tho colonial charters of the city made provision for | '% fyed for the opinion of the Waves on, tae, duestions re. the performance of the duties of certain by those | Sf ‘its present term. 80 far as pointes pee will be heard duly commissioned until succestors should be duly quall- | §*. "case has assumed Points of law are concerned, fled. But a City Inspector was not then known, and of | t'5. 1s period, and the result will portance than at any pre- course is not nained, (Davice’ Laws, pp. 188,171) kc. By | ¥'0\ ‘ral interest. Le looked for with very the act of 18657, the“ Dongan and Montgomerio Charter” | §* is preserved, but all acts amending the charter and all | cy 1 laws inconsistent with that act were repealed by she act $n Samoan ‘a Tors gan named West, of 1867 (S64). The relator was clested to the office | Take: @, having ae ood of the Niskayuna under one of the acts thus in terms repealed. When the | 17a ¢ pre A red in maintaining an illicit repealing act took effect, the former acts ceased to exist, except 80 far ag they were expressly contained. All Power granted by the acts was revoked, and F woman than his coterda Y Dy stabbing hitmeay secon, ‘hed his ‘taktue agi Wi been turprised as the large schools of mackerel in th: all ‘those acts terminated with the ‘ bo corpee. waters, One af our skippers, a thorough fisherman, aud oti theanselvess Tar ropealed is as no law, and as if it ae fh ‘on through remorse ‘and contrition that he é owner of bis-vessel, stated @ us that he should have titted | had never existed as to rights ‘accrued and vested | Was led to .the tration of the deed, or whether tha out for the§ purpose of testing tho practicability of this | under It; and the right to hold office for a given term jenot | !njured wife made his life uneasy, and induced him to the enterprise the present summer, {f he had but confidence | a vested right within the exception. Im the bed of AR: act, we are wnable to determine.’ He certainly sot a in himself a8 a competent navigator for a of this | amending the charter, it was enacted all o mo | example for ail men similarly situated, “Go and do discription, as he fel ‘assured that abundance could | should be in offloe when that act should tke effect, should | .Wike.”"—Zycy Timer, May 14. be procured. bold es agit their Reccomard. should | be fk ab Davies’ WS, , is bat ; Dra Obituary. Coens Mlative expression of option ea'to the neces: | leurs nace anadanni (ie) Fear that mii Captain Henny L. Campi, one ef the ollest shi - | sity of a provision, YA like ision Is embodiod in | Mr, ett, in Embden, about four miles from North New ters out of the port of New York, died on the 15th inst., | the act of 1857, and made applicable to all the persons in { Portland vil , was ‘consumed on the 12th inst. ; and, sad at his residence, at Hasex, Connecticut, at the age of 73 | oflice under the city government excepting certain officers, | to relate, iran ‘and his wife were burned in’ the the Captain Champiin was long connected with the | (one of whom is the “City Inspector,”) who should | Souge. The fire was discovered by two sone of Mr. Dag. London line of packet ships, and was one of the owners of | continue in office until the expiration of their sevoral | get, mem grown, who at once alarmed their a: but that line, He was one of ‘he most popular commanders | terms.” (Act of 1867, \361.) This clause modified the ro: | instead uf making thir escapo, as they might have done, out of this and was greatly eateomed by all who | pealing clause of the act and made it take effect; | they attoempic: to fave some Of their furniture, and in s¢ knew him. The bnew Takes piace at Eeeex on Wednes- | 80 far af it allected the office of ui at the and burnt with day afternoon at 8 o'clonk. expiration f bis term of doing they were oyercome by the smoke t he bouee,