The New York Herald Newspaper, February 5, 1861, Page 1

WHOLE NO. 8915. MORNING EDITION—TUESDAY,. FEBRUARY 5, 1861. THE REVOLUTION. INTERESTING NEWS FROM WASHINGTON, Meeting of the Peace Confer¢ _.ce. Speculations as to the Effect of their Deliberations. Withdrawal of the Louisiana Senators from Congress. The Valedictory Addresses of Messrs. Stidell and Benjamin. The Secession Cenvention at Montgomery. TAPORTANT CAUCUS OF THE REPUBLICANS. Election of Delegates to the Vir- ginia Convention. Zhe State Probably Declared Against Secession. Reports Relative to Forts Sumter and Pickens. Surrender of the Cutter Lewis Cass to the Secessionists, Kes IMPORTANT FROM WASHINGTON. pone eee THE REPORTS RELATIVE TO FORT SUMTER. Wassuneton, Feb. 4, 1861. There is not a shadow of foundation in the report that the Brooklyn threw men into Fort Sumter. I have it on authority. ‘The President has not yet finished his reply to the ulti matom of South Carolina, hence Col. Hayne and Licut, Hall, the joint messengers from Gov. Pickens and Major Anderson, will delay their departure until to-morrow, when, it ie authoritatively asserted, the Prosident’s re- ply to Gov. Pickens will be ready. When Licutenant Hall returns to Fort Sumter there will be seyenty-one men there, and no more. The fac that the secessionists have guard boats in the harbor all night, makes it impossible for a fleet of boats largo ‘enough to convey three hundred men to approach Fort Sumter without being known. Besides, Major Anderson don’t desire go large a reinforcement, because it would tweur greater responsibilities in the way of providing provisions and the liability of sickness among the men. CONFERENCE OF MILITARY CHIEFS. ‘Wasmaron, Feb. 4, 1861. Gen. Scott held a council to-day with the leading officers of the army now in the city. Lieut. Hall was present. ‘This mecting, it is said, had reference to military opera- tions at Charleston and in this city. It is andoubtedly true that Gen. Scott, under directicus of the Secretary of War, has been engaged most of the day proparing in- structions for Major Anderson. The General looks a good deal careworn, the natural result of the arduous duties he 4s now performing. . Colonel F. W. Lander, Superintendent of the Great Con- tral Wagon Road, called upon General Scott this forenoon. ‘The General paid the Colonel a very high compliment for the eervice be rendered in silencing the Pah-Ute Indians in their ravages upon the inhabitants of Carson Valley. Colonel Lander informed the General that as he had sent bis resignation as Superintendent of the Wagon Road to the Interior Depa: tment, he was at lberty to tender his services in any capacity, at any time, and for any duty, it might please the General to assign to him. General Scott thanked Colonel Lander for his frank and patriotic Proposition, expressing the hope at the same time that there would be no necessity for calling upon any one. Rigid discipline {3 enforced about the military quarters here. No stranger !s allowed to approach after sunset, and the guard have instructions not to permit any unau- thorized person to visit any part of the premises without special permission from the commanding officer. It appears from the returns received at the War De- partment, that the militia force of South Carolina, Geor- gia, Alabama, Florida, Mississippi and Louisiana oom- bined, is 941,000. These returns were severally mado from the years 1838 to 1859. The retarns for 1860 were only from the {oJowing:—Massachusetts, 161,200; Rhode Island, 18,541; Connecticut, 61,576; Virginia, 148,155; ‘Mir.nesota, 24,480; New York, 419,000. The aggregate of the whole country, from these imperfect returns, is 3,168,000, of which about two anda half millions are infentry, 20,000 cavalry, 13,000 artillory, and between 19,000 and 20,000 riflemen. Rey ke. CAUCUS OF FREE STATE CONGRESSMEN, Wasmveton, Feb. 4, 1861. Between forty “and fifty members of Congress, repre. senting the Northwestern and two or three of the New England States, met in caucns at the Capitol this even: ing for the purpose of consultation ‘The meoting was held at the instanco of Mr. Potter, of Wisconsin, and a few other Northern members, It being evident that there is « plan for back- ine down among republicans, tho object of the caucus was to ascertain who are and who are not the regular straight out no compromise men. When a test vote is had in the House on any measure calculated to conciliate the South, it will be found that at least sixty republicans will stand firm and unyielding. ‘They declare that the representatives from the miidle and border States will not do to tic to, inasmuch as they ‘are already willing to accApt almost any terms tho South may demand, But the caucus which met to-night com- prised thoso only who stand by the principles of the Chicago platform, and believe in ueing all the powers of the government for maintaining its authority. ‘The meeting revealed the fact, which has not yet been much kvown, that there isa large number of shaky members in the House, who have held out strong hereto- foro, but now begingto falter. At this the Northwestern members, under the lead of Potter, Lovejoy, the Wash- ‘burnos and others, are exceedingly indignant, They ex- pressed themselves resolute in their determination to yield nothing that would compromise the position of the North or the platform on which Lincoln was elected. The caucus was among the most important held this seseion, Waamoton, Fob, 4, 1861. About fifty republicans, said to be against any compro mise, held a caucus to-night, and agreed that they would never consent to any peaceable settlement of the oxist- ing State of affairs, except upon the basis of boundaries develsped in my despatch published in to-day’s Herat, Governor Chase, of Ohio, is said to have been the orig!- nator of this scheme, and nothing has created so much consternation among tho secessionists during this seasion as the demand of the North that the natural line of division shall be the Potomac and Obio rivers, reserving the present capital for the North. ern confederacy. Giddings, who came here from Vir ginia, likes the plan if nothing better can be adopted. Weod's defeat at Albany in the election of Harris created great rejoicing bere among the republicans. Wactuwetos, Feb. 4, 1861. The bill reported by Senator Collamer, of Vermont, from the Finance Committee, for aboii hing the post offices, tnails and porte of entry in the seceding states, is taken o¢ an indication of the energy with which the in- coming government means to act against seceding States. A substitute will be offered, proposing to recognise tho independence of the seceded States, and to appoint a commission to ascertain their share of the public debt, &e. A stormy debate is likely to come up in the Senate £0 Boon as these measures come before it. Secretary Dix has received no reply to his despatch to the Assistant Treasurer at New Orleans, inquiring into the facts reepecting the seizure of the Mint. There is very little probability that any satisfactory answer will be recetved. ‘The remedy propose for the policy of spoliation on the part of Louisiana is, that the mails shal) be cut off, which will vo doubt be done immediately by order of the ad- minietration; also, that Congress ehall take off the duty on sugar, whieh will be done by an amendment to the Tariff bill, now in the Senate. Prompt action of this kind on the part of the administration and Congrees will bring these people to their senses. Senator Benjamin’s valedictory address is pronounced by all that heard it as one of the finest specimens of ora- torical display ever witnessed in that body. Many of the Senators who differ widely with him were so deeply af- fected by his eloquence that there were few dry eyes in ‘the Senate. The Louisiana representatives retire to-morrow, ex- cept Mr. Bouligny, who awaits special instructions from hia constituents. Judge Douglas has written a letter to the Memphis Ap- peal, denying the charge that he had advised the with- drawal of Tennessee from the Union. He declares that he ia opposed to secession, and says it will only strengthen the hands of the abolitionists, whose aim is to destroy the Union, Hestrongly urges the border States to remain in the confederacy, as a means of preserving their status as slave staves. The executive Department of South Carolina has defined the position of that State on the subject of commercial arrangements, regarding it pro- bable that the payment of duties and tho clearance of vessels will be interfered with by the government at Washing‘on in such a manner as to render the transaction of business at Charleston difficult and embarrassing. The exposition of the law of nations; as made by the former and the present Secretary of State in the Peru case, affecting the vessels Georgiana and Lizzie Thomson, is regarded as a sound doctrine, applia- bic to South Carolina, which will permit no interfe- rence by the government of the United States, with such regulations as it may adopt, nor will the authority of the latter be permitted to be exercised within the limits of the State. It will be for the United States to impose upon ‘vessels of States still members of this confederacy such penalties as it may choose to provide for what it may consider violations of its municipal laws. ‘The revenne cutter McClelland, lately fallen into tho hands of Louisiana, is one of the largest and best cutters in the revenue service, just rebuilt and refitted. Within the last two weeks about fifty speeches have been delivered in the House of Representatives on the crisis, pearly all of them in connection with the report from the Committee of Thirty-three. A number of gen- tlemen, besides, have been making preparations for an expression of their views on the same subject. Among #0 many contestants for the floor, the struggle to obtain it is quite lively, though as much cannot be gaid of all the speeches. The Secretary of State, thus far since his entrance upon the duties of that office, has performed them without the assistance of an Assistant Secretary. He desired much to secure in that capacity F. Bayard, of Delaware, owing to this gentleman's peculiar qualification for the place; but overruling considerations led him to decline the proffered appointment. A strong fight is going on here against the eleetion of General Jim Lane as one of the Senators from Kansas. The feeling on the ground is reported to be greatly in favor of Lane, but the clique here will use every effort to defeat him. Letters from Kansas spoak confidently on Lane’s election. ‘The nomination of Judge Petit for Judge of the District Court of Kansas bas been determined on. George McHenry, of Delaware county, Pa., has been nominated for consul to Liverpool. He was @ seccasion- ist at Charleston, and his confirmation will be opposed on that and other accounts. Judge Black’s name will be sent in to fill Judge Daniels’ vacancy on the Supreme Court bench. ‘The late Senator Benjamin was before the Committee on the Stolen Bonds to-day. THE ELECTION IN VIRGINIA. Wurzura, Va., Feb. 4, 1861. Hon. fherrard Clemens and C. D. Hubbard, anti-secea- sion under any circumstances, were elected triampbantly to-day to the State Convention over their opponents, who refused to pledge themselves that they would not sign an ordinance of secession. Reports from all- the counties of the Pan Handle elect the anti-secession candidates by decided majorities. A dead sot was made at Clemens by the ultra dis- unionists, reducing bis majority somewhat, but he was triumphantly carried through. ‘Thus was his position in Congress victoriously sustained. Feb, 4, 1861. ‘The election to-day for delegates to the State Conven- tion resulted in the election of Sherrard Clemens and C. D. Hubbard, anti-secessionists, by about 500 majority, ‘The excitement was very great. Union candidates aro elected in Marion, Taylor, Wood, Brooke and Hancock counties. But very few votes were polled against refer- ring the action of the committeo back to the people. Ricumonp, Feb. 4, 1961. Henrico elects three unionists. A three unionists. rom i, two Unioniats. Char! county is for secession. Amelia and Nottoway, probably #0. Union. Pittsylvania and Tpochrg, Union. vote is generally in favor of a reference to tho People. Ricamonp, Fob. 4, 1861. This county elects one secessionist and two unionists. Henrico, Chesterfield, Dinwiddie, Prince George, Green- ville, Surry, Alexandria, Petersburg, Norfolk and [Ports- mouth clect Unionists. Wasmmcton, Feb. 4, 1861. Letters received here to-day from Gov. Letcher and other prominent gentlemen at Richmond, state confidently that there will be a large majority against secession. Gover- nor Letcher says that the Union men have had a hard fight, and that the fire-eaters have kept him and his friends very busy, but that they will triumph in the end, and that Virginia is safe for the Union. Reports from Virginia, via railroad, state that a ma- jority of anti-secessionists have been chosen to the Virginia Convention. It should be understood that the anti secessionists of Virginia generally oppose iramediate secession, being willing to await some compromise from the republicans. If such should not be offered, Virginia ‘will be out of the Union before the 4th of March. A gentioman just in from Virginia, who has travelled this afternoon sixty-eight miles, through twelve pre- cinets, reports that the Unionists are decidedly ahead of the secessionists, In Alexandria, where the secessionists Doasted that they would have a majority of three to one, they have been beaten by more than two toone. If these facts are any indication of the result in the whole State, then we have reached the turning point in the crisis. But if Virginia has given a majority vote to-day for so- cession it will be difficult to keep Maryland ‘from follow- ing her example. Ex-Governor William Smith, of Virginia, has written from a rick bed urging secession. THE CUTTER LEWIS CASS SURRENDERED TO ALABAMA. Mommz, Feb, 2, 1961. The United States rovenue cutter Lewis Cass has been surrendered to the State of Alabama. THE MASSACHUSETTS LEGISLATURE. Boston, Feb. 4, 1861. ‘The Senate this afterneon passed resolves for the ap- pointment of seven}Commissioners to confer with the general government with the separate Stater, or with any association of delegates from such States, and to report their doings to the Legislature at ite present session. ‘The House refused to suepend the rules to enable the resolve to go to the Governor to-night. The resolves wif pass to-morrow and will receive the sanction of the Governor. ‘ THE BOSTON MASS MEETING. Boerow, Fob. 4, 1861. The Union meeting called at the Exchange to-day noon adjourned till evening, after instructing its officers: to vine the Legislature to appoint Commissioners to Washington, THE PEACE CONVENTION AT WASHINGTON, Wasunnaton, Feb. 4, 1861. ‘The Peace Congress convened to-day at nooa in Wil- lard’s Hall. It is probably one of the most dignified as- semblages of men ever gathered together in the country. All appear impressed with the solemnity of the crisis, ‘and to recognise the fact that the eyes of the nation are bent on their deliberations. Towa, under the authority of Governor Kirkwood, bas requested her Senators and representatives to act as Oom- missioners to the Pease Conference. They have the mat- ter in consultation, and are as yet undecided how to act, the prevailing impresaion being that their duties in Con- gress and to the ate will bar thoir participation in the proceedings of the Conference. ‘The Vermont delegation have declined accepting the invitation of the Governor of that Stato to participate in the Peace Conferenee. They do not recognise the autho- rity that called the Conference. Ex-Governor Vroom, of New Jersey, peace commis- sioner, arrived to-night. He, like the rest, ia at a les what todo. They say everything looks dark, and it is intimated in republican quarters that things will look still darker before they leave. ‘The proceedings of this body will be strictly private. ‘The first question likely to engage its attention after it is organized is the vexed point of the status of the seced- ing States. Before proceeding to the discussion of the various projects of settlement, the central slave States are forced to the inquiry as to the relation the States that have gone out sustain to the govern- ment at Washington. All of the central slave States are on record against coercion, and if it is to be the law of the incoming government, there is no use in discussing what will satisfy the States that are in, for they will never permit the strong hand of federal power to be used against their erring brothers. Here is the rock on which the deliberations of the Congress are likely to bo irreparably broken up. The practical question has to be recognized as a condition precedent to any discussion as to adjustment The central slave State men ask what is the use of speuding weeks to arrange a basis of pacification when the whole edifice falls on the first stroke of the federal band against the seceded States. If they are not to be coerced we will discuss plans of settlement, and we be- lieve one can be arranged satisfactory to our people, but not otherwise. So it seems that a question vital to the deliberations of the Congress comes up in limini, and may disperse it at any moment. ‘The Peace Conference is not likely to achieve the least poesible good. The citizens are indignant that the meetings should be held in a small hall with closed doors. It is regarded more as a dark lantern Convention than one to whose dhliberations the largest publicity should be given. Thomas J. Turner, one of the Commissioners from Minois, was a member of Congress from that State with Mr. Lincoln, in 1847-49. ‘The State commissioners have as yet made no formal order ccneerning the conducting of their procecdiags with cloced doors, the majority, however, seem to favor the exclusion of the press and the public, at least for the present, considering that this will secure more freedom. for the interchange of views. It is evident, that they will act slowly to-night, a number of them are in consul- tation with members of Congress. The report that Virginia has demanded the withdrawal of troops before entering upon peace neg: tiations is not well founded, but creates some uneasiness. A committee are hore of secessionists from Maryland, to protest against the admissien of the delegates from that State. THE PROCEEDINGS OF THE CONVENTION. Wastaaton, Feb. 4, 1801. ‘The Convention sat with closed doors, Mr. Wright, of Obio, in the chair, and H. E. Ward, or Maryland, secro- A committee on permanent organization has been ap- pointed. It is supposed that John Tyler will be perma- nent President. ‘The Convention adjourned at half-past one, to moet at noon to-morrow. All the States were present that have elected Commis- sioners, except New York, Tennessee, Missouri and Illi- nois. Eleven were fully represented. A motion was made to admit the representatives of the press to the floor, Laid on the table. A committee of one from each State was appointed on permanent organization. Adjourned. Mayor Berrett says the doors will be kept closed to the public press until the Convention shall order otherwise. It is understood that the entire proceedings will be oon- ducted in secret session. THE SECEDED STATES CONVENTION. Mowtcomanry, Ala., Feb. 4, 1961. ‘The Convention met ai noon, R. W. Barnwell temporary Chairman. An impressive prayer was offered by Rev. Basi, May- us. On motion of R. B. Rirert, Howoll Cobb was selected for permanent President by acclammation, and Johneon F. Hooper was selected as permanent Secretary. All tho delogates were present except Mr. J. Morton, of Florida. In the course of Mr. Comn’s addreas, after taking the chair, bo said, tho occasion which agsombled us together ‘was one of no ordinary character. We meet as the ro- presentatives of sovereign and independent States, who, by a solemn judgment, have dissolved a! the political as- sociation which connected them with the government of the United States. It is now a fixed, irrevocable fact. ‘The separation is perfect, complete and perpetual. Tho great duty now imposed is to provide a government for our future security and protection. Wecan and should extend to our sister States, and our late sister States, who are identified in interest, and feeling, and institutions, a cordial invitation to unite in a common destiny, and should be desirous at the same time of maintaining with our confederates friendly relationz, political and com- ‘meroial. After the usual preliminary business was attended to the Convention adjourned till to: morrow. Wasurvetow, Feb. 4, 1961. It is thought that the Convention at Montgomery will elect a President and institute a government at once. ‘The programme is Hon. Aicxander H. Stephens for Presi dent, This, however, may be changed, and Jefferson Davie may yet be elected. Senator Wigfall and others have telegraphed to Mont- gomery urging the appointment of Alexander H. Stephons ‘as Provisional President of the Southern Confederacy, in oréer to conciliate Southern conservatives, STATE OF FEELING IN MARYLAND. Baurimons, Feb. 4, 1861, People here, excepting the extremists, discountenance the efforts making towards calling a State Convention or convening the Legislature. The primary meetings to- morrow night excite no interest. The Unionists will ro- fuse to participate in thom, as tho movement is sus. pected to be inaugurated by the democratic clique for specific partisan purposes. If such a Convention should be called, its action will be resisted by the Minute Men and others, if any mea- sures Sending to secession are adopted. Pavties are emphatically divided. large majority sustains Governor Hicks, but all will eventually unite with the South if Virginia goes out and no compromise is effected. Such is the prevailing sentiment. RUMORED ATTACK ON FORT PICKENS. New Onuauvs, Fob, 1, 1861. ‘There are flying reports that fighting has commenced at Pensacola, in consequence of the'sloop of war Brooklyn trying to land troops at Fort Pickens; but no reliable au- thority can be found for them, though autboritatively stated by Alabamians, (Despatches of later date make no further mention of the matter and the reports mie doubtless unfounded.— Foe.) REPORTS FROM PENSACOLA. Baurimone, Feb. 4, 1861. The latest dates received here by mail from Ponsacnia (27th ult,), speak of the withdrawal of the troops, No mention is made of the Rrooklyn, \ The Montgomery and Milledgeville papers speak of the withdrawal of the troops from Pensacola as a thing Axed upon. A Pongacola correepondent eaye it is deemed impossible to take Fort Pickens, unsupported by a war voesel, | ‘THE SEIZURE OF TOE FLORIDA FORTS. | ARRIVAL OF THE UNITED STATES STORE- SHIP SUPPLY, WITH MRS. LIEUT. SLEM- | MER. | INTERESTING DETAILS OF THE SEIZURE OF FORT BARRANCAS, THE MARINE BARRAOKS AND NAVY YARD, AT PENSACOLA, BY THE FLORIDA MILITIA— THE PRISONERS SENT NORTH ON PAROLE—THE TRANSFER OF THR UNITED STATES TROOVS TO FORT PICKENS—GARRISONING AND PREPARATION OF THE FORT TO RESIST AN ATTACK—-THE UNITED STATES STEAMER WYANDOT CRUISING IN THE BAY, ETC., ETO., ETC. The United States storechip Supply, Captain Walke, | Commander, from Pensacola, ninetoen days, arrived here yesterday and anchored off the Navy Yard. The fol- lowing is a list of her ofticers:;— Commander—Henry Walke. Lieutenants—Joseph A. Dane, Henry Exbep and Wm. L. Bradford. Master—W. N. Allen. Paymaster—F. W. Dunn. Atsistant Surgeou—Wm. W. Ring. Commander's Clerk—Jopn Van Dyke. Paymaster’s Clerk—E. W. Bowie. Mre. Lieut, Slemmer, U. 8. A., servant and child; Mrs. J. H. Gilman, U. 8. A., servant and child; John Irwin, Lieutenant U. 8. A., lady and two children; Mrs. Samuel, Robt. Dixon, U.S. N., lady and two children; Jimos Cooper, U. S.N., lady and four children; Miss Qooper, Robert Hunter, U. 8. N.; Lewis Holmes, U.S. N.; John Milan, lady and child; Wm. ©. Knowles, John Tyler, Spencer Clarke; also John J. Fiarety, Daniel,E. Jameson, Jobn Gallagher, Wm. J. Lodge, J. W. Barker, T. Mussey, employes of the Warrington Navy Yard; alao nine in- valids from Naval Hospital, Warrington; twenty-seven ordinary men from do. do., and thirty-four marines from the Marine Barracks. The hospital quartera and barracks were taken possession of and ogeupied by the State troops. The above were released on parole and taken off under a flag of truce. ‘The Supply brings interesting details of the seizure of the government property in Pensacola Bay by the seces- sionists of Florida. The rumor of the intended seizure reached the federal authorities at the Pensacola works about the 9th ult., and Lieutenant Slemmer, deeming that Fort Barrancas was in too weak a condition to resist an Attack, determined to remove his forces, ammunition, 8: pplies and arms to Fort Pickens, on the opposite side of the channel, which, besides being a strongpfort, also commanded the entrance to the bay and the other forts. The Navy Yard, which is distant about two and a balf miles, is beyond the range of the guns at Fort Pickens. In accordance with this design, on the morning of the 10th ult., the force under Lioutenant Slemmer’s command was transferred to Fort Pickens, by means of boats from the United States steamer Wyan- dotg and the storeship Supply. Fort SicRea, which was in too dilapidated a condition to be of any great service, was abandoned, wnd about 26,000 pounds of powder, to- gether with a quantity of fuses and shot, and tho tack- ling and gear of the guns, wore destroyed. The guns at Barrancas were spiked, and were in that condition when the Florida troops, uncer command of Colonel Lomax, took posseesion of the fort, ‘Thesemovements had been but a short time executed Navy Yard wassurrendered, with but a short parley. The marines in the barracks, to the number of thirty-six, wero made prisoners, together with the laborers and employes in the yard. The wives and children of the command at Fert Pickens had been previously conveyed on boara the Supply. ‘On the following day thestoreship, under a flug of truce, proceeded to the wharf of the Navy Yard, where tho la- borers and marines were taken on board, Capiain Walke having given his parole that they should be lanjed north of Mason and Dixon’s line. Overtures had been made to the marines to join the secessionist forces, with the alter- native of expulsion in case of a refusal. Tho personal property of the force at Fort Pickens, furniture, carpets, pianos belonging to the officers’ wives, becks, clothing, &c., were, under the flag of truce, conveyed on board the Supply, and brought North. The steamer Wyandot has been cruising in the bay, rendering valuablo assistance in many different ways to the force under Lieutenant Slemrmcr’s command at Fort Pickens, Captain (commanding) Berryman {s at present assisted in the officer corps by only two engineers, all the other officers having resigned. His guard of sixteen marines he transferred to Fort Pickens, increasing the force there to about eighty men. The Wyandot will cruise in the neighborbood of the fort until reinforce- ments arrive, or until its poesessors are compelled by an attack to abandon it. In the latter event the guna of the fort will be spiked and the fort itself blown up, while the garrison by means of boats can escape from the beach to the steamer. OUR PENSACOLA CORRESPONDENCE. Navy Yar, Powsacora, Fla., Jan. 14, 1861. Facts Relating to the Capture of the Navy Yard and Forts in Pensacola Hartor—Location of the Fortifications—hetr Strength and Condition—The Evacuation of Fort McKea, and How it was Bffected, de. , dc. I propose giving to your readers « statement of facts in reference to recent events connected with the Navy Yard here and the forts that protect and command the en- trance to this harbor. At such times as these facts that exhibit prominent political moves are interesting, even if they are net {rom the ‘‘pen of a ready writer.”’ Upon the right hand of the entraxce of the bay of Pen- sacola stands Fort Pickens; upon tbe left hand is Fort McRea, and upon the same shore with the latter, one mile and a quarter farther up the bay, is Fort Barrancas, These forts are nearly cquidistant from each other, and vo situated as completely to command the entrance to the harbor, Fort Pickens ia an admirably constructed fortification, at the extremity of a long, narrow sand epit that separates the bay from the Gulf for some dis- tance, This fort is so situated a# really to command the entrance to the bay completely. It is approachable by land only along the narrow neck montioned above, and its defences so arranged that even a small foro may de- fend it against vastly superior numbers. Fort McRea is rather a dilapidated concern, but is, nevertheless, a strong water battery. Fort Barrancas is well built and a power- ful defence of the entrance of the harbor, but neither ita construction nor position is adapted to resist a strong land attack, These threo large fortifications, with all their guns, ammunition, &c., were in charge of a single com- pany of artillery, under the command, at present, of Lieut. A. J. Slemmer. This company occupied the bar- racks near Fort Barrancas. ‘The Navy Yard is situated upon the same shore of the bay with Forts McRea and Barrancas, about one anda aif mile above the latter, It was under the command of Commodore Jas. Armstrong; the next officer in rank at the yard was Commander Ebenezer Farrand. The dis- poeable force at the yard consisted of about seventy sailors, or “ordinary men," as they are termed, and forty-cight marines, under the command of Capt. Joseph Wateon. There were also at the yard, aubject to the com- mands of Commodore Armatrong, the United States etoro ship Supply, with two thirty-pounders and thirty-oight men, and tho steamer Wyandot, with six thirty-two’s and eighty men. Vor a number of days rumors had been in circulation of an intention on the part of the autbori- ties of Florida and Alabama to take possession of the Navy Yard and forts at this point, On the night of tho 9th Lieutenant Slommer stationed a guard at Fort Bar- rancas. On the morning of the 10th he received orders from the War Department requiring him to use every means in his power to protect government prcperty, and especially to Keep the control over the entrance tw the harbor. He was also informed at the same time that the commandant of the Navy Yard would be directed to co- operate with him, On conmu!tation with Com. Armstrong, and the pro- mise of aesietance from him. Lieut. Siemmer decided on removing at once into Fort Pickens, the. post being the moat tenable position and where be coald more nearly obey the epirit of bis “‘inetrnotions.”’ This matter being decided upon, the army officers went to work with a will, and during the next twenty-four boure had turown their entire force, with all their provisions, camp equipage, &c., into the fort, and, by the assistance of boats trot the Sup. nly avd Wyandot, had removes the ammunition fram Fort ‘rancas to the magazines of Fort Pickens. ‘To what extent Com. Armstrong wes ordered ta oo. rate with the army officers | do not know, but it is nae presumption that it was to the ‘extent of his power.’ The Navy Yard iteelf is so situated that no military man would think of d eX against a largo attaéking it Commodore's command. In a military point of view, retaining possession of the Navy Yard was of email consequence, compared to a suc cerstnl defence of the nce of the harbor; and where it Was Neceraary to make a choice the available force ovght by all meane to have been concentrated i Pickens. Taking this view of the case, and not t he was aking too much of the Commodore, Lieut. Sle mor Urgently requested that the marines migtit be sen. \ when the Stale troops made their appoarance, and tho | to assist bis own company. The ‘ordinary men” of the yard, useless where they were, would algo have been a Bot undesiable adoition, and the two ebips eould have been 80 pluced as to make their guns completely cover an enemy’s advance by land, Lieutenant Slemmer ashes in all good faith for this co-operation, Even af- ter the Navy Yard was surrounded by armed men, and before it was taken. he wrote to the Commodore, re- Peating his request that the marines might be sent him while there was yet time. This again met with po at- tention, and three hours later these men had all been taken prisoners, without having made even a show of resis pce, and the brave iittle band already in Fort Pickens were cig their own resources in carry- come a subject of official it improper of me, at this time, to express an opinion. I can, however, express my regrets, that while Lieutenant Slemmer, ably secunded by Lieuteuant Gilman, has so far meta heavy responsibility with a degree of energy and decision worthy of very high praise, { cannot tpeek in terme of commendation of the way in which ¢ authorities at the Navy Yard met the responsibilities that cevolved upon them in this case. (will write you T-. to morrow; but whether my communications will reach you is a’ matter of no little doubt, as both the telegraph and mails have become very = of late, at least so far aa this point is concerned. GEORGIA. TRIAL OF A UNITED STATES PRISONER IN A GEOB- GIA COURT—THE CASR BROUGHT UP ON A WRIT OF HABEAS CORPUS—IMPORTANT DECISION UY JUDGE HARRIS, BTC. Mmepcrviiie, Ga., Jan 350, 1961. ‘The first legal case, since Georgia seceded frou the Union, in which the United States was called ip question came up before one of the local courts in this city yester- day. 1t is the cage in which Martin V. Brantley, a United States prisoner, now in continement in this city fora term of ten years, applies through counsel and by a writ ofhabeas corpus for his discharge, on the ground that since his conviction and incarceration the State of Geor- gia, by the ordinance of secession, has dissolyed her con- nection with the government known as the United States, and that the functions of that government have ceased in Georgia. The counsel for the plaintiff, Col. 0. A. Lochrane, of Macon, made an elaborate appeal in behalf of his client, Dut th case was decided against him in the subjoined important decision of Circuit Judge Harris:-— Martin V. Brantley vs. the Princepal Keeper of the Peni tentiary of Georyia —Habeas corpis and motion to dis- charge the applicant. IN Cramares at Mnaxpceviite, Jan. 27,1861. The applicant at whose instance Ue habeas corpus ad subjaciendum which brings him before me hus issued appears, by the return made to that writ, to be a convict under sentence of the Circuit Court of the United States for the district of Georgia, made the 13th day of Novem- ber, 1860, tor a violation of the Inws of the United States; an't by virtue of a certifies copy of that judgment he is detained within the penitentiary, his sentence be- £ gior ten years. 10 objection by counsel for the petitioner has been made as to the sufficiency of that jadgmont originally — ay athen legal warrant by which the principal keeper could receive and detain bim—but the motion for dis. charge is made golely on the ground that, since the con- viction and confinement, the State of Georgia, by the or. dinance of the people in Conveation, his dissolved her connection with her confederate States and withdrawn from the general government, created by the constitution of the United States, all the powers delegated by that in- strument to her agent, and that thereby the prisoner ix entitled to be diect. 1rzed from the judgment of the Circuit Court aforesaid, For weeks past, looking to a probable btate of things which has since’ ocourred—tho effect of such an ordinance as has been made, could not but engage reflection. In whatever pointof view in which it has been presented to my mind I have been unable to dis- cover any beneit which can accrue to the applicant by reagon of the change of relatious of Georgia to the geno- ra} government. Presented as this case is upon short notice, whilet the subject, from its novelty and magnitude, would authorize elaborate discussion of many questions which epring out of that ordinance, I do not propose to do more than to present a simple view which disposes effectually of this application. It will be conceded that the constitution of the United States, whilet it confederated the States of the late Union under and by virtue of that instrument, was in substance Dut a power of uttorney:from the several States to their agent, the general government, to exercise for oy nyo welfure certain sovereign powers according to the re- Strictions and terms thereof. Georgia, one of the confederates undor that constitu- tion, dissatiMied by the bad faith of a large number of the States in the interpretation of that instrument, as well 28 of the ineapacity of the common ageut to redress the injuries sho has sustained, and was still further exposed to such sinister interpretations, in the exercise of a plain undeniable right as a sovereign State, has by ordinance diseolyed the compact made by the constitution of the United States with her cotfederates, and resumed the powers tho had thereby delegated to the general govern- ment, with the design of confiding them, with the full lights of an experience of over seventy yoars, to a now ae ret shall be more clearly detined, and whose duties more distinctly prescr! 2 ‘The extent of this ordinance, then, does not go beyond the separation from the other States, and the withdrawal of powers she delegated. Upen tbe past exercise of those powers by the recent common agent, the ordinance does not assume, nor was it designed to act. It has annulled none of ite acta. The departments of that enable the common agent to delegated. constitution, or authorized by it, were essential means to a great end. One of those courts, to wit: the Circuit Court of the United States for Georgia, within its appro- priate province—that of punishing violators of the laws of the United States in reference to the mail, has, after the conviction of the prisoner by a Georgia jury, pro- nounced the judgment proper to the offence, and the pri- soner is now performing that sentence, which, whon ut- tered, wae legal and constitutional. ‘The law violated The Judges jing were citizens the court, whilst established by the authority of the con- stitution of the United States, is in part the creation of the State of Georgia, and its judgments ought to be held ‘ax sacred and as inviclable as the judgments of the State courts 5 1am at a loss to perceive wherein the judgment sought to be affected here is illegal or unconstitutional, or why it should be placed upon a different footing from the judg- ment of the State courts. 1 can very well seo how judg- ments t> be enforced from that court may temporarily be delayed for want of an authorized officer to exccute ther: but there can be uo embarrassment where she judgment is already execuced as it is here in part, and needs no offiver to do any other act towards its further execution. It has not been shown that the ordinance has aunulled ary judgment whatever, neith r in words nor by impli- cation, in letter or spirit does it authorize such a general juil delivery as would be effected if the argument of the Prisoner's ccunsel was sound. It ts not simply the right of prisoner’s counsel, bat It is his bounden duty to precent, in behalf of his client to the consideration of the Judge, all matters which he may deem pertinent and defengive, and they shuld be listen- ed to r-vpectfully, and be carefully weighed. I havedone this, and it is to say that, without considering anything else but the naked ordinance upon which the prisoner pra: discharge, I cannot discover anything to entitle him to go free. But since the making of that ordinance, and before the application for the babeas corpus, another ordinance was adopted by the Convention, which ratiges and declares valio all jud; &e., of the courts of the United . Thin I refer to, Cony -ntion in mak- iy Ince the intention of ing its first ordinance, I do not place the judgment T make on this application upon the authority and pro- visions of this latver ordinance, From what {have said already, it will be apparent that I did not need ite aid to strengthen my convictions of right and duty. ‘There is, however, another matter independent of all that bas been said; which {f it stood alone would have deen sufficient to bave wuthorized the detention of the Prisoner, It is that Georgia has contracted with the general government wo detain, feed and clothe within er penitentiary, the convicts of the courts of that ernment within this State, for m valuable con- gov" y sideration, and which hitherto has been promptly paid. tody of the principal keeper of the State penitentiary—to be held in good faith until he shall have been partoant by the President of the United States, or formed the sentence of bis conviction, or is transfer elsewhere by the authority of the rectal government. ‘The prisoner nut having been b alone can pardon—nor his sentence having ex own limitation, he must and ought to be hel the State penitentiary until he hail have been by the authority, which, under contract, placed him for safe keeping in the State prison. that Martin V. Brantly, I theretore order and roy the prisover, be remanded to the penitentiary of this Of this proceeding be pail by State, and that the costs jgoner waa then remanded, and counsel gave the government. The notice it he excepted to the decision, ond the case will be carried to the Bupreme Court of Georgia. THE CONVENTION QUESTION IN TEXAS. New Onurans, Fob. 4, 1861 Advices from Austin (Texas) state thay the House has passed by a vote of 66 to 13, an act legalizing @ Convea- tion, under the bill of rights. THE RECENT SEIZURE OF ARMS IN NEW ° YORK. ALBANY, Feb. 4, 1961. The rece: seizure of arme destined for Georgia by Sa perintendent Kennedy is likely to create more trouble, It i said hero to-night that Governor Morgan has re- ceived & communication from Governor Brown, of Georgia, demanding the inatant surrender of the muskets, and expressing the hope that a like outrage will not seain be committed. A reply is desired. The Governor, it ie understood, has not replied. IMPORTANT PROCEEDINGS OF CONGRESS, THIRTY-SIXTH CONGRESS. BECOND 8HSSION. te. Wasurvaton, Feb. 4, 2661. Mr. Cxivrenpey, (opp.) of Ky., presented several me- morials from citizens of various States in favor of the Crittenden resolutions, Mr. Wi1soN, (rep.) of Mass., offered a resohation of in- quiry, asking the President to communicate to the Senate whether any arsenals, forts, arms or munitions of war belonging to the United States have been seized by any persons in the State of Louisiana, and especially whether the Mint of the United States at New Orleans has been taken possession of unlawfully by any persons, and if any money of the United States, and, if 0, how much, bus been unlawfully appropriated by amy pereons, and by wie tate ep.) oe ‘wiai.7 paella teaalioasal . . .) of Pl the cit monstrating againes beg ine Souateaiions be nie rt Cihegrimen tne ee wn camer Canon eileen paca a Dorcer State Peoltionn mie <—, . RESSKNDEN, (rep. Me., presented a petition im favor of res the boud of our fatnerss ny saa Preserving WITHDRAWAL OF THE LOUISIANA SENATORS, Mr. Supeu, (opp.) of La., sent to be read by the Clerig the ordinance of secession passed by Louisiana. REMARKS OF MR, SLIDELL, Mr. Sipe. said—Mr. President, the document which the Secretary has just read, and which places on the files of the Senate official information that Louimana has ceased to be a component part of these once United States, terminates the connection of my colleague und myself with this body. The occasion, however, justifies, if it does not call for, somo parting words to those whom we leave behin¢—some forever, others, we trust, to meet again, to participate with them in the noble work of constructing and defending a new confederacy, which, if it may want, at first, the grand proportions and vast re- sources of the old, will still possess the essential elements of greatness—a people bold, hardy, homogeneous in interests and sentiments, a fertile soil, an extensive territory, the capacity and the will to govern them- selves through the forms and in the spirit of the con- ‘stitution under which they have been born and educated, Beside all these, they have an advantage which no other people seekivg to change the government un- der which they had before lived, have ever enjoyed— they have to pars through no intervening period of anar- chy They have in thew several State governments, al- ready shaped to their hands, everything necessary for the preservation of order, the administration of justice, and the protection of the soil and their Property from foreign or domestic pally. ‘They can consult with calm- ness, and act with deliberation on every subject, either of immediate interest or future policy. ‘But if we do not greatly mistake the prevailing sentiment of the South- ern miud, no attempt will be made to improve the on- stitution. We shall take it, such as it is—such ad‘bas been found sufficient for our’ security and happiness 20 long as its true spirit lived in the hearts of a majority of the people of the free States, and controlied the action, not ouly of the. federal, but of the State Legislatures. We will acopt ail laws not locally inapplicable or incompati- bie with our new relations. We will recognise the obli- gations of all existing treaties—ihose respecting the Afri- can slave trade included. We shall be prepared me ‘our just proportion of the national debt, to for the cort of all the forts and other property of the United Stetes which we have been compelled & seize in self- defence, if it should appear that our share of such expen- diture has been greater than in other sections; and, above all, we sball, as well (rom the dictates of natural justice and the principles of international law, as of political and geographical affinities, and of mutual pecuniary interests, Tecognise the right of the inhabitants of the valley of the Mississippi sn. its ty butaries to its free navigation. We will gna: antec to them a free interchange of all agricul- tural productions, without import tax duty, or toll of any kind, the free transit from fore of species of merchandise, subject to such 1 as may be absolutoly necessary revenue system we may establish, for purposes police. As for such States of the Union as may not choose to unite their destini« with ours, we shall consider them as all other foreign natiens—'‘Epomies in war—in i friends.”” We wish and we hope to part with them amicably, and, 60 iar as on us, shall bave RO provocation to pursue a course. in this regard we, from the necessities of the case, can only be passive. It will be for the of the free Btates to decide this momentous qi ‘This decla- ration, however, requires some qualification. Could the issue be fairly presented to the people of those States, we should have littie doubt of a é i the possibility of a complete and fea reconstruction on a basin satisfactory to us and able to them. But with the present representations in either branch of Congress we see nothing to justify one indulging any such We must be pre- pared to resist coercion, by avowed ‘enemies or by a hand heretofore friendly—by open war or under the more insidious, and therefore the the tng public property or cullecting, the revenue, "We aball not cavil al of war, @s you may will it. natives. We bave no ides that you will even to invade our soil with your armies. we ledge your superiority on some degreo accidental, but ral and permanent, until wi quired better ports for our if you so will it, persist in considering during your good pleasure. and indefeasibie right, we will not say of Tevolution—aye of rebellion, if action—the right of every that form of government w! if such you deem it, consider its safety and promote its welfare. You may ignore inciples of our immortal Declaration of Independence. ‘ou may attempt to reduce us to subjection, or you may, under color of enforcing your laws or revenue, bleckade our ports. This will shall meet it with different but equally de ‘We will not permit the consumption or introduction of ‘any of your manufactures. Every sea will swarm wth our volunteer of the ocean, with the striped ing floating over thoir heade—for we do nut mean to up that tiag without a blooay struggle. It is ours as as yours, and although @ tune more stars sbine on your banner, our children, if not we, will under a constellation more numerous and more feet iene hy oe Es im vast, at jor for the future. But if we ea a men for privateering, we shall be lied from the same sources as now almost farnish the means for carrying on with such vigor the African siave trade—New York and"New land. Your mercantile marine must either sail foveigp flags or rot at your wharves. But is remedy, she will pass to another eu eftloactous. Ty civilized nation now ts governed its foreign re- fons by the rule of r izing governments de facto, You alono invoke the ¢octrine of dejwre, or divine right of Jording over an unwilling strong to main- tain o wer Mp on ‘own limits. How long, think ‘ou, will the great naval Powers of Europe it you to Impede their free intercourse with thele Tal caslemne for their various fabrics, and to stop the s: of the great stople whieh is the most important of their maaufacturing industry by a mere paper blockade? You Were, with all tne w and resources of this once great: pans paces 4, oe yes , afth ol naval Power, with capacities, true, for large, and in a just quar- Tol, almont, indefinite oxpansion.© What, wil ye when, not merely fifteen States, but warred upon inveterate hostility. much, of this. '¢ desire not to speak to you bravado or menace. Lot un treat each other ore determined to break off unpleasant, uuprofitabie relation, Cease to bandy Iy leave wach other to determine whether thelr differences ed 5 A} Licl Hee , g & a i if PH Siaz | i § lh be war, fleient i FF snslit f ? ly ealuted their adversaries by taking Freneb returned the salute with equal rt 4 Hay, of the English Guard, cried out, in « “@antlemen of the French Guard, firel’” roche replied in the same tone— fre first.” The English took them at their fire first. Being at close quarters the effect structive, and the for fome divorder, but the fortunes of the day stored by the skill and cour the English, under aang ered i thaseesifii = not fire first. We that the present mov States ir merely the coneum: long entertained by a few lotriguers, of pertonal aggrandizement. error. If we were not about to grorser or more atrocious calumn’ selves. This is not the work of of the people, As & ral magees, and the sagacity larger opportunities for ratistion them of the necessity their accustomed party leaders it. We appeal to every Southern here whether such be not the its truth | can give no stronger in the Louisiana Convention of gate being in his seat, voted for ond of the seventeen who voted not more then four or five who did sity of separation, and mocte of its accomplishment. Nor by the forms of the constitution, of CONTINUED ON EIGHTH P. tegll isles. nett a i : i 4 73 4 ! 4 ul = = & i i ie a i