The New York Herald Newspaper, February 9, 1861, Page 10

10 re tiiecsieemimaiiiaia THE REVOLUTION. Somter, apd that it ag the settled determination of the * | peuple of South Carolins to take that fort at all hazards: _ Wasnerox, Pob. 7, 1967, To mis Fxceumvey Jastus Breuanan, Presipesr:— 1 NEW YORK HERALD, SATURDAY, FEBRUARY 9, 1861—TRIPLE SHEET. et ST Gigi tHe Roor Whey Dae raed ioe. THE NEGOTIATIONS RELATIVE TO FORT SUMTER. [CONTINUED FROM THIRD PAGE | } you have expresved in thy fullowisg words:—‘ Ide not come asa military man to demand the surrender wf @ fortress, bu as the iegal oilicor of the Stste, ‘Ws Attorney General, to claim for the State the exercise of iis undoubted right of eminent domain, and to pledge the State to make good all injury to the rights of pro- perty which arise from the exorcise of the claim,” and dest tis explicit langurge should not suilici-ntly define your position you add, ‘The proposition now is that her @outh Carolina's) law officer should, under the autvo- rity of the Governor and his Council, distinctly pledge the faith of South Carolina to make such compensation in regard to Fort Sumter and its appurtenances and con- senis to the fullextemt ef the money value of the pro perty of the United States delivered over to the autho- rities of South Carelina by your command ” You then adopt his Fxcelency’s tain of though upon the subject 80 far ue relates to (he suggestion that the possession of Fort tumter by the United states if coatinued long enough mvet kad to a collision, and that an attack upon it would scarcely improve it as property, whatever the result, and if captured it would no longer be the subject of account. The proposal, then, vow presented to the President, is simply an offer on the part of South Caro- Bna fo buy Fort Sumter and contents as property of the Dnited States, sustained by @ declaration in effect that if she is not permitted to make the purchase she will Beizo the fort by foree of arms. As the invitation of @ negotiation for the transfer of property between friendly governments, this proposal impresses the President as having assomed a most unu- sua! form. He has, however, investigated the claim on | ing she demand of the Governor of South CarO” ya tor the Sik—Your reply, threvgh your Secretary of P ye War Department, to my communication of January ¥ 4, gover. | delivery of Fort Sumter, was receive! 76? opday. Al. | though the very distinct and empbatte roi a) of that de- | mand closes my mission, 1 foel CONSF .ainet to correct | Some strange misapprehensions into WY ich your Secreix | ry bas fallen. mand anthorized to be made, ? 94 no change what- fever in its character, and of tt . you wore distinet- jy informed in my commun! cation of January 31. You bad tho origina! deme’ 44° ag delivered to me by Goverver Pickeus on * py Jom of January, and | you have an extract fro" 1 the further instructions | received by me, expressly | vas cmtrmed in th ie" gp ho autetainod onthe 12" | January by that very ¢ orrespondenee which you aseign as the cause of the # eget wodidcation, You assume that the character of” the demand has beon modilied, yet you have from me yt one communication, and that as- serts the contrary. and you have nothing from the Gover- nor but the very’ demand itself, which you say has been modified. purvose of peace or conciliation your Secretary could have had in view ia the introduction of this point at 1) jt is difflcult to perceive. You next at tempt to ridicule the proposal presented as simply an offer on the part of South Curolina to buy F ort Sumter and contents as property of the Und ted States, sustained by 2 declaration, im effect | that if she is not permitted to make the | Purchar .¢ ghe will seize the fort by force of arms. It is diffica’ tt consider this as other than an intentional mis- coust’ ruction, You were told that South Carolina, as a Sepa rate independent soverelgnty, would not tolerate the ce’ pation by foreign troops of a military post within There has been no TW ,d¥dcation of the de- | 440 whieh it proferses to be leazed apart from the declaration he - jimits; but that inasmuch as you, in repoated mos- that xocoropanics it, aud be it here remarked that much 8 pes and in your correspondence, had laid much streae strers has been laid upon the employment of the words | * upon the character of your duties, arising from consider- “property” and “public property” by the President in j ‘his several messages. Those are the most comprehensive terms which can be used in such « conncetion, and surely ing forts as property, South Carolina, so far as this mat. ter of property suggested by yourself was concerned, | would make compensation for all injury done the proper- THE PEACE CONVENTION. coutrating im this city a sufficient ml nary foree to | : ‘Wasmmovo, ¥eb. #,1861. | prevent the development bere of any comp | ‘The Pesce Congress made, but little progress today. | ageinst the government, €70¥mg out of the | ‘Their session was brief, inating about am botr, The oom | cuioyaity of sending States: ara they will give good mittee who are arranging a plan of pettioment, however, reasons to justify (hem iB ep tates, woe @ | ‘were in eeesivu most of the day. They have all ve | vulging highly imperteat facts satisfactorily pro- rious propositions which bave been ittreduced tute Coa- sented to them of treasunable intentions to grees before them in printed form, out of which (bey | wards the goverument on the part of parties will probably be able to bring something tangible. | qbe Gave Ogured exteusively im viligial circles in Wash- ‘The committee of the Peace Qoagrens were engaged = ston -* day on measures looking 10 an adjustment, Newly sl! ip the Cirenit Court to-day the contested caso of Wal- The committee will, it is understood, agree upon a plin embodying many of the points 1! the Crittenden, Butler . and border State propositions. At least this ie the drift Inatters are now taking. As as this committee get their report before the Convention, with the various plans of adjustapent, (here | Will follow a very lengthy and protracted debate upor them. ‘The Convention was very agrecably surprised upon cn | tering the hall this morning at finding & full lengi® por- trait of Washington suspended back of the Preevten' | chair, The Mecsrs. Willard had procured this from the authorities of this city, to be used during their elitings. ‘The Compromise feeling among republicans exhinite at present the appearance of mild cases of soarietins. tn a fow instances the fever has struck inwardly. David Dudley Field, the introducer of the Wilmot pre viso into the New York Democratic Convention in 1647, and David Wilmot, of Pennsylvania, author of that pro viso, are here as members of the Peace Conference. Mr, Wikmot, it is supposed, will abide by hie original determination not to take a seat in the Conference, ah though he was active among republicans on the floor of | | the Bouse to-day. He was telegraphed to come here for | | consultation, Mr. Frelinghuysen, one of the Peace Commimoner® from New Jersey, has received @ letter from the leading | New York bankers and Wal) street brokers, to the eileet | that unless there is a settlement of the present political | Aroubles, these capitalists would not adyapce ene eval to the incoming administration, in taking their loans aud / reougmiging slay ery until the May term, Wallace was ready, a 4, it is sald, combi prove his came. Berret, who now bulds the place, has always claimed — that be could easily Hhow that he was legally elected, hence bie failure to be ready to do so to-day causes cou- iderable rurprine. | Mr. Spauléing, representative in the House from the — Bufialo dimtrict, will act with Mr, Seward in the compro- mize propasitions. He will accept the Charles Francis _ Adame doctrine, which, in fet, is Dot very dissimilar to | that of Daniel Webeter im bie speech of March 7, 1850, when he enunemted bis * physical geography’? idea rela- Live to slavery, aud fer which be was denoaneed by tho republicans in Massmebusetts, from Berksbire to Capo Cod, im the most virulent terms, Al the List consion Mr Adaui voted to repeal the slave code law of New Memioo, while at this he votes to coulirm that law, with the admission of New Mexico as a State ‘The ratioof popule\ion for representation iu the Thirty- eighth Congress, a fact noticed In the Inte report of tho cones elabistion, will be 127,000. It le now 91,540. ‘The proposed gow Tariff bill does pot receive much | favor, ender at Mimtance or at the sect of government. 1t is stated @hat Hon. Joho B. Haskin, of New York, will propose to Ue House, a& a rubstitate for the whole | Dill, the tariff of 1846, with o few modifications. It is | probable the bili will, im any event, be shorn of its twenty udlilems dollars loan fea ure. ‘The Poetnaster at Mobile denier to the Post Office De- | partment thet letters passing throngh his office have tion extending the time for taking testimoyy in regard to | beeu violated 1 | merk when referring to a fort, or avy other public establish. ment, they embrace the entire and undivided interest of ‘Ube government therein. The Citle of the United States t 9 Fort Sumter is compl te and incontestable. Were ite iut 9. reat in the property proprie’ary in the ordinary acceptat on ‘of the term, it might probably be subjected to the @ cor. ‘eige of the right of eminent domain. But it has also political relations to it of a much higher and mor o jm poring character than those of mere proprieto ship, Whes absolute jorisdiction over the fort and te! soil on which it stands. This juriedict ponsists in the autho. tity So exeicise exclusive legislation over the ¥ roperty ty in the exercise of hor sovereign right of eminent domain; and tbis your Secretary culls a proposal to purchase. The idea of purchase is entirely incon: sistent with tho assertion of paramount right in tho purchaser. I had suppoged that an interest im preperty, a8 such, could be no other than purely proprie- tary; and if I confined myself to this narrow view of your relations to Fort Sumter, you at least should not consider it the subject of criticism, Until in your letter of yesterday, you chose so to conaider your relations in everything which you have written, or which his beea writlen under your direction. It was precisely because kc eping up the credit of the government, ‘This letter will, doubtless, havea marked elect upon the action of Commissioners from the Northora Staves. | 1ts warning is a most ominous one, Many of the gentio men who signed this letter are among thoee who have taken most of the loans for years back. VIEWS OF THE NEW YORK CAPITALISTS } ON THE CRISIS, ETC, Wasnixeron, Feb. 8, 1861. It is reported here to-night, that New York bankers | | have decided not to loam money to the government unlees referred to, an’ is therefore clearly incompat’ ple with the luis of eminent domain now insisted upon by you had yourself chosen to place your action on the ground of purely proprietary right that the proposal of ‘South Carolina, ‘This authority was not derivee .fromany | compensation was wade, and you now advuit that in this | questionable revolutionary 6: from the | it (Fort Sumter) would probably be subjected to the ex 1 cessicn of South Carolina he ing through | ercise of the right of eminent domain. In your letter of under a provision of the U uited states. na can mp mero assert tho rig! ut of eminent @owain over Fort Sumter, than Maryland can assert it ever the District of Cetumbia. The peli ical a1 prictary'rights of the ‘United States sa either ct ‘tpon precisely the fame ground. Ths Presitent, Low- aver, @ rolieved ‘from the neoost ity of further | within the territorial limits of South Carolina. South pursuing this ineuiry by the fit that, what. | Carolina claims to have dissolved all political connection ever may be the claim ef South Carolina to | with your government, and to have destroyed all political this fort, he has not constitutions) power to cede or | relations of your government with everything within her surrender it. ‘Tk property title # ‘the State bas been | berders. She is unquestionably at this moment de facio acquired by the force of public Paw, and can only be | a ¢oparate and independent government, exercising com- disposed of under the same golem, sanctions. The Pri plete sovereignty over every foot of her soil except Fort govt, as the bead of the executiva branch of the govern- | Sumpter. Now that the intention is avowed to hold this ment only, can 20 more sell and transfer Fort Sumter to | place as a military post, with a elaim of exslusive Kouth Careline, than he can sli end convey the capital of | jurisdiction on the part of a goveroment foreign to ‘Whe United Stetes to Maryland oe to any other State or in- | Sonth Carolina, it will be for the authorities dividual editing to poreese it. His. Excellency, the — to determine what is the course proper to be pursued, It is Governor, is too famisar with the constitution of the | then to ignore the fact that Sonth Carolina is to yours a United Staves avd with tho Hritations upon the powers | foreign government. And how, with this patent fact be- ef the Clricf Magistrate “ef the government it has | fore yon, you can consider the continued ocoupation of estabiishec, not te ~eppreciate at once the , ‘the fort in her harbor a pacific measure and parcel of a soundness ‘of this Joga proposition, The question peaceful policy, passes certainly my comprehension, You of reinferoizg Fort Sutter is so fully disposed of inmy suy that the fort is garrison for our protection, and is letter te Seautor Slidell and others, under date of 22d of | held for the same purpose for which it has been ever held January er -copy of whiel accompanies this, that its dis- ince ite construction. Are you not aware that to hold in cussion will not be renewed. I then said, “at the pre- | the territory of a foreign Power a fortress against her went marsent it is not deemed necessary to reinforce will, avowedly for the purpose of protecting her citizens, Major Anderson, becaves he makes no such request. | iz perhaps the highest insult which one government can Bhould 2uis safety, however, require reinforcements, | offer to another? But Fort Sumter was never garrisoned every eZert will be mace to supply them,” Ican add | at all until South Carolina had dissolved ‘her connection mething to the explicituess of this language, whick | with your government. This garrison entered in tho still azples to the existing status, The right to send | night, with every circumstance of secresy, after spiking forward reinforcements when, in the judgment | the guns and bwmning the gun carriages and cutting down ef the President, the safety of the garrison re- | the flag staff of ail adjacent fort, which was then aban- quires them, reets on the same unquestionable doned. South Carolina has not taken Fort Sumtor into Foundation as the rig’ occupy the fortress itsclf. In her-own possession, only because of her misplaced coni- the letier of Seuator Davis and others to yourself, under dence in a govertment which deceived her. A fortress date of the 16th ult.;they say:—We therefore think it | occupied under the circumstances above stated 1s con- dve from South Carolina to our States, to say nothing of | sidcred, not only as no cauge of irritation, but you repre- the other slavehokting States, that she should, as far as | sent it as held for our protection. Your Excellency’s she can consistently with her honor, avoid initiating bos- | Secretary has indulged in irony on a very grave subject. tilities between: her and the United States, or any | As to the responsibikty for consequences, if indeed it ether Power,” and «you now, yourself, give the | does rest on us, I can assure your Excellency we are hap- President the gratifying assurance that South Curclina pily uaconscious of the fact. has every cisposition to preserve the public peace,and —_— return to Charleston to morrow. . Fince he is, himself, sincerely animated by the same de- | With considerations of high regard, I am, very re- Sire, it would seem that this common and patriotic eb- | spectfuity, J. W. BAYNE, Special Envoy. fect must be of certain attainment. It is difticult, how. | ever, $2 reconc’le with 4.is assurance the declaratienon — DEPARTURE OF COLONEL HAYNE AND your pert, that is, “a consideration of her (South Care:i of her people prompts dor to demand that this pro- MADE ON AWEDNESDAY NEXT. perty should not longer .be used a8 a military post = adil nay ee by a government she me longer acknowledges.” Le | Coionei siayne and Lieatenant Hall, the joint represen- Thought you fo constantly profent is, that this oocuFA: | tives of South Caroline and Major Anderson, left this tion muet lead to a collision of arms and the prevalence morning fer Charleston. ee eed it won bot tay | Hlevtenaut Hall has had.the fina) instructions of the ih = aie yr p Drs Hiatal. | Secretary of War to Majer Anderson for several days; bei ghee PJ Le te ' US? | Huthas delayed his departure because Colonel Hayne ebould give to it a hostile .or a friendly character. | ; “A t event his festanan ia eines heal Wey. 4as govaremnent of tig Cult | Wen cie ceew., Ue 10" 8 Sele Mon none Bat erenng the beverages iicdiaiaie dalek & tae ‘| etter had decided that he-would not leave for several © the rame objects for wi wemhell days vot: but for some exuae he suddenly okanged his seni ieeeeeate * ae ee tie as are Re | mind, leaving cnuch work for Lieut. Hall to execute at a onal and defensive, and were < public enemy now to | iat. hour last night. As late as midnight Lioutenant attempt the capture of Charlestan or the destruction of | i140 wae holdsog an interview with Str. Holt, Socretary ae ea a uarbors ihe whole force Of ithe bat: | ofWar. He bed previously oalled upon the Frosident — tra boal one Seg 1 exorted for their el and Secrotary Bix. Colone) Hayno's sudden decision last w abs presence of a mma garrison, actuated BY | nigut leave ere this moving, was uidoubtedly In such a spirit ce this, can compagmise the dignity or | conscqnence of kate advices from Oharleston, to tke effect — iar gehen Pr mecome |& woarce ef | that tive populscovare ungovernaile, and are determined ation t ler people, the President is ata loss to wh | 14 wucck Fort Sumter, no wastor what overtures the derstand. 7 itude of that gaecison, as has bee | seaoca) administration here may eaake often declared, Js nelther menacing,,aor defiant, Nor uB- yaa caiiefied frat positive information received di friendly. I¢ is acting under orders to stand strictly on | scot fora Charleston, that the atéeck has only been post- tho defensive, and the government ané people of South joned until they can erect a suGeient number of bat- ‘Carolinn mort well know that they con never receive | tories to accomplish ¢Deir purpose; end the moment that yesterday, through your Secretary, you ehift your prst tion, Youclsim that your goveroment Wears to Fort Sumter political relations of # much higher and more iin- . posing character. lations of the United States government to anythiog BE aug>t but ghelter from its gues, unless, in elt . H «done they will open fire upon Fort Sumter without re. the absence of all provocetion, they should as “ . . forence towny thing tiet Colonel Hagan be doit tant it amd sock its destruction. “The intent ‘ omgpati a abacus Rade ere. Hisciasty retorn undoubtedly has reference to this state of things. Ife Oght is to begwocipitated, there haviag bee. no yielding to the demandes of South Care- line. he desines to make thy attack in a formal ofticia withavhich thie Gortress is held hy tho Preaident is truth » fully mated by Seantor Devis and ethers in éheir letter to yourself of the 1Sth of January, in which they say:—“It ts not ivid with avy hostile or unfriendly purpose : ov way , und not sllow it to be made by a Giserganized mob. sigh a odin aa a —s i Proverty ati time for.srithhoiding relnforcemenie o Major An- ‘ s 4 President ' Gersox will cease the moment Lieutenaut idl returns te deows % his duty to protect and proserve.”* Fort Sumter. T lease from gelinble gomrge that Wednestay mext has been fixed upon se about the tise when the sazewsionlste | will be realy to commence the assault upow Kort Samter, Four or fre ships belonging to the Galf squadron will Gf the apnouncement so repeatedly made of the Presi- <dlent’s paciée purporer in comtinuing the occupation of ert Sumter unt!) the guoslion shell have beon settled by. wprspetent authority bw: failed & impress the govern. ‘ment of Fowl Carolina, the forbesring caaduct of his It was vo part of my mission to discuss the political re- | administration for the last few monds should be receiv ed a8. concivaive evidence of bis rincerity, and if this for bearauce, in view of the eigeumstances which have eo weverely tried it,ybe not accepted as a entisfnctory pledge a the peaceful policy of this aduunistration to. wards Sovth Carolina, then # may be safely af- Srmed thet neisaor language nor cenduct can yorsly fornieh one. If, with ali the multiplied proofs which exist of the Prasident’s anxiety for peace, and of the earnestness with wiach he has pareued it, the eutho. Titier of Mouth Curolina ghall assault Fort Sumter and peril the ‘Up Within Ht walle, snd thus olunge our country into the horrors of civil war, ben upou them amd those they re. present must rest tho responsihwity. Your obedient ser want, J. Hie Scorelary of War, To Hot. J. W. Howe Attorney Genera of the Bate of Soni ¢ 1 TRE LAST WoRDe OF VOL Waser Tho following ie the rajoinder of Colon communication of the Secretary of War, whl to the President to-day, not in time, however, to by with the documents which the Pre. to Congress thie morning. It clone correspondence which has been g end prociudoe any hope of eottloment fing ddllision botween th up tw 0 fore ¢ of Jong provent federal and © anthorities in the harbor of Charlerton Colonel Hayne expressed tho opinion boford leaving Herp that an attack would ehortly be made upon Fort of Oe handf’ of brave and Joyal men shut | soon returt to Northern ports, sost of thes 40 New | York The improseion hore among goutiemen who xe wel acquainted with the swoyject iz, that no appreleweiona | need be entertained relative to ar immediate attack on | Vortsunter,ae that question will be referred to the Southern Congreve; meanwhile We South Carolina | authorities will keep stricter guard of te.coast to inter- | cept any atempt te reinforce Major Andecson; all do. | | mesile supplice and mall fwoilities are Lodwstented, and | overy possible ineane (akon to weaken and marve out tho garrison. Major Andersou bas weitten to Genator Crittenden, re jative to the charge that on bis govemont in retiring | from Fort Moultrie t9 Kort Bumter be took the aot isitia. | tive of & declaration of war. Mejor Anderson further more deciares that 'f he bad been, or i, attacked ander ' hie present instructions, he will defend tye fort to the last; and, before ho will surrender, he wil! Wow up she | works, | fWE MICHIGAN DEMOCRATIC STATE CON- VENTION. Dernorr, Feb, 8, 1861. Lie Stato Convention, to noininate a ‘ | The i Dew medi oe Court inv | the commerce present difficulties are settled. | Mr. Kellogg, of Sliinois, broke from the party traces to-day, and in aspeech on the state of the nation sap: | ported his proposition, published ia the Hxnau» sore | days since. The democrats were delighted, but the republicans generally expressed great dissatisfaction at the effets of Kellogg. His proposition is similar to the oxe reported | by the Porder State Committee. | ‘The following members congratulated Mr. Kelloge, of | Mlinois, upon his strong compromise speech vw day:— McClernand, of Minois; Gilmer, of North Carolina; J. Morrison Harris, of Maryland; Suns, of Keutucky; May- nard, Quarles and Nelson, of Tennessee; Larvaboe, of Sis- sissippi; Pendleton, of Ohio; John Cochrane, of New York; Davis and Holman, of Maryland, and othere—democrats and Americans, but no republicans. he was congratulated by Judge Douglas, who said:—In for a settlement of existing difficulties.” M untila late hour tonight. As evidence of the fecling among republicans, ex Governor Ford, of Tilinois, shook hands with Mr. Kellogg, and remarked that ho had lis- tened with great pain and mortification to his epeech; his seat and return home. ‘The suicide of Commander Fdward G. Tiltow, United States Navy, creates profound sensation in naval and been known for years, and universally es- teemed. The melancholy act was committed about were at dinner. He retired from the table about that hour to a.room up stairs, Shortly afterwards a heavy fall was heard, and, on entering his apartinent, the left eve. He was about fifty yoars old, and leaves a the latter being engaged in the Coast Survey, tered the service in May, 1822, a8 a citizen of Maryland. His present commission bears date Augus About a year since {t was scppored ha was labor. ing under a malady known as softening of the brain, Lately he has been very desponding, and his | ™6t with a rerions accident to cars and wheels, but no melancholy has been acooterated by the unfortunate | Person was injured. The track was broken up for about position of the country. It i# presumed that ina mo- ment of aberration, superinduced by this cause, he was | bly smashed and thrown disengaged from their trucks. led to the fatal act of self-destruction, A large number of influential gentlemen from nearly all parts of the country are.constantly arriving, embrac- | ing many members of the Virginia Legislature, | Gen, Hamilton, of Texas, bos advices from his district. The people there do not accept the determination of the | seceding Convention as a finality, They will vote upon | the question; and Texas at thie moment may be consider- | ed in the Union. Senator Wigfail will remain iu the Sen- ate to vote on the Morrill tarifMbill, i ‘The near approach of tho day, next Wednesday, for counting the yoes for President and Vice President, gives | rise to no new apprehensions of divfieulty. ‘The Morris Select Committee of the House on the In | dian bonds robbery Lave made up their report, and to- day it was submitted to the full committee, and unani. | mously agreed to, It will produce « new sensation, from the fact that the members of the committee aud the clerk and reporter have all been placed under the most sacred injunction of seercey in regard to the testimony before them. Hence some testimany has mecessarily been taken that has not leaked out and been printed iu | the Hzxarn. i The testimony of ex Senator Benjamin, of Lousiana, is said to be the strongest adduced against Secretary Floyd, concerning the acceptances, which will amount to-seve ral millions more than the public have apy idea of. ‘The report will be offered on Monday. A special committee of the Teace Congress has been | appointed to ascertain the names of the Southern dele. | gates in that body who suanifeated doep indignation at the parading of United States troops on Vonneylvania avenue, and who regard such movements on the part of | | the United States troops as a menace and throat on the part of te North, and if any such mon exist to ascertain whether, in their opinion, a company of United | States soldiers is a distinet Worthorn institution; and if | so, whethor the sight of such corps moving quictly through acity is considered a anenace. The committer have leave to report at any time. The republicans of New Hampshire have determined upon calling State Uxion meeting to consider the im portant politica questions of the liour; and, a private fetter says, will hold a preliminary mecting at Concord on the 1J¢h inst., towhich they have iuvited allother Jaw abiding, Union loving e'tizens. George G. Fogg, secretary of the National Republican wmittee, has bee here for several days, battling against all compromises or concessions. Ho came horetroxa, | Springlield, iMinols, and has cou to New York and New | Hampshire, ‘The Senate Committee on Territories today | agreed to report in favor of orgavizing Becotah and | Nevada Territories upon the same basis of Colorado, | he nigger out altogether. Las recently been argued before the Bopreme ‘olving the question Sbother (he maritime laws now operative upon the high #eas are also applicable to of the lakes. Yoav ing A | On ene side it wan eoutended that the lakes are inlagd waters, on which Common carriers are eubject to linbili- ties which do not obtain a& to transporters on the high seas: ond on the other, thet they are great national Dighway >, subject to the seme laws and regulations with ceean router This te the list time the question hat been brovgbt to the attention of the Court, and as it bas been riously deeded by courts below, much interest i# manifested in commercial circles as to the result, George Hibbard, Faq., of Hufialo, N. ¥., made an arga- date for Judge of the Supreme Court, met in this city | men * #howing that the lakes are in no commercial sense | yeaterday, evolutions declaring devotion to the Union, | inland Waters. It was hi complimented by Chief opporing coercion, und favoring compromise, wore adopt: | Justice s"ehey and Judge Neleon for 1s originality and ed, There resolutions are to be forwarded to Washing- | signal abili.¥. Decision reservod ton, the Convention claiming to represent a majority of | the peoplt of the State, ‘The Convention adjourned to the 7th of March, without making a nottaation. ‘The Select CwMmMitter on the Mresident’s spect mes- sago upon the or,#la, Will make # report to tho House in a few days, sustaimi'® the action of the administration and After tho session | practical agpect. other circles here, where himself and family have | pounds, An export duty on this of one-half cont per ‘haif-past four this afternoon, at the residence of the de | creased to twenty-five million dollara; more than ampie ceased, No, 184 North F street, abont the time his family | to defray the expenses of he was found covered with blood nnd dead, having | few days throughout South Carolina, Goorgia and Als- shot himself with a pistol ball through the head, near | bama,-and as & consequence the crecks and rivers are family of grown up children, daughters and sons, one of | than bas been known for many years. It is unnecessary Commander Tilton was bern in Delaware and en, | Ga., on Saturday night. The trains on the State Railroad 1, 1863, and be has seen nine years sea service. washed away or otherwire damaged by the foods. | and more are expected there. | that the Postmaster General has abolished tho Poet Of Lenste, and will pars the Hoase, ters as in statu quo. Departerent. ed ei home om furlough. IMPORTANT FROM MONTGOMERY. Adoption of the Copstitut of 1789. ' FREE TRADE TO BE ESTABLISHED. | An Export Duty to be Levied | on Cotton. ‘The Immediate Formation of a Pro: | visional Government, ae, ae. Wasuuxeron, Feb. 8, 1861. While the republicans here are busily engaged in op- preeeig tbe consumiog interests of the whole country with an iniquitously onerous tariff, the Southern Congress at Montgomery i# opening the ports of the cotton States to the commerce of the world. this startling movement of the seceding States is viewed with great alarm, and presents the question of the revolutionary movement at the South im its most Bery Special despatches received here to day by distingui hed these times there are but few men who aro’sufficiently | secession leaders, indicate that an export duty is to be patriotic to look beyond their party and party platforms | laid on cotton, which, in itself, at half 2 cent a pound, | will yield a heavy revenue, A poll tax is also to be — . Ketiogg’s spocch was the topic of conversation | levied, so as to make the burthen fall equally on che consuming and producing interests. Free trade | will readily induce the people to pay the Increased rate of taxation. ‘Tho republicans do not affect to conceal thelr conster- i that it oid great injustice to lilincis, and that be (Mr. | nation at this revolutionary movement, bearing as it | Kellogg) owed it to the people of his district to resign | does so practically on the pockets of their peopl>. / ‘The Southern seceding States will raise annually for export four and a half million bales of cotton, with an | aggregate weight of two hundred and twenty-five willion | pound would yield = revenue of nearly twelve million dollars, which, with other sources, could be easily in- their federal government. Moytoommny, Ala., Feb, 4, 1861. ‘There have been unusually heavy rains within the past full, and some of the rivers mark a higher stage of water to state that much damage had beon caused at Atlanta, were twelve hours behind time, and fears were enter- tained thut some of the bridges on that route had been ‘The regular passenger train from West Point, due here at near noon, when within about three miles of this city, fifty feot. Tho baggage and express cars wore cousidera- On the train were several delegates to the Convention— Houorables A. H. Stephens, Robert Toombs, James Chesnut, T. J. Withers, T. R. R. Cobb and others, whose names I have not l¢arned. All eseaped onhurt. ‘There are not, so far as I can learn, moro than twenty of the delegates now present, ‘The others may roach hore this forencon. Like all other conventions, there is much speculation indulged as to the gentleman who will be elected as permanent President; but it is generally cousilered that the Hou. Howell Cobb will be chosen. | Othor pames are mentioned, but that of Mr. Cobb appears | to be the inoat talked about. | ‘What will the Convention do? Ido not pretend to bo able to state, but Tam satisfied that a provisional South: | | ern government will be formed, and that the constellation | stored. will in a fow months number fifteen of the bright particu. when it comcs to talk about what is deeent, I will pat | myself against him or any other man, anywhere, | | ir. Docuuas-1 wil wot pat myself against’ him in | | | If the Senator bad had the good sense, for even great men nay be iwcking imibat, to notice that the remark | he (Feseenden) bad wade was in porfect good nature, in- stead of going into a rage, would have appeared .better thon he dis. THIRTY-SIXTH CONGRESS. BECOND SESSION. Senate. Wasurxaro, Feb. 8, 1861. Meears. Srwaxp, (rep) of N. Y., and Hate, (rep.) of NN. A., presented petitions from citizens of Philadelphia asking for the preeervation of the Uniop and the en- forcement of the lews, Mr. Biciex, (opp.) of Pa., presented petitions in furor of the Crittend«n regolutions, THE M’CORMICK REAPER PATENT. Mr. Wane, (rep.) of Ohio, asked to take up the resohi- | the patent for MeCormick’s reaper. Mr. Fc, (opp.) of Ind., had a protest of the Com missioner of Patents against the extension of time. He moved that the resolution be referred to the Committes on Patents. ‘Mr. Wav argued in favor of the extension of time. {ho ciscussion was continaed at some length and | pom iy | the decision, Mr. Pearce, from the Committee of | wufer ones on the Loan bill, reported that the committes had agreed to an amendment to the effect that the aanount eecruing from the former loan shall be applied to the redemption of the outstanding Treasury notes, issue! under the act of the 17th of December, 1860, and ao other THE PERTURBATIONS IN C. UNION WITH THE NORTHERN 10 THE EDITOR OF THE HERALD, New Yorx, Jan. 31, 1861. Tama Canadian, and im common with many of my countrymen wish for information on the subject sow egitated bere—the ennexation of that province te the United States. I am an ‘literate man, and merely judge by what I see passing round me. You, a8 a publie man and a prominent journalist, have betier sources of infor mation, and will oblige us by giving your views on thesub ject. This is my excuse for presuming to address yo: and I hope, if your time and space in your columns ‘mit, you will give thie an insertion aud correct me if m,) opinions are wrong. Cavadians generally believe them selves in & better position now than if in the Union, « base their opinions on the grounds I give you. Your r per being much read in Canada, you will favor the cw'e you advocate by proving them wrong. May | ak what has Canada to gain by the change? Sh ims her own local government and makes her own law, that government she now supports with the revenue de® rived from her customs and sale of partof her wild lande, while her public schools are su ‘ted from sale of lands set apart for that purpose. Now, if absorbed into urpose. The report was to. Then the discussion U thet venue would have Wthe reschatinn was toatteued Lil the Ohaje announced pa Preece ye! or government, whe ina at it was the hour for the special order, which was on | Jocal government and Me crip be kept up by local private bills. Mr. Wave moved to postpone prior orders to continue | on the reso ution i Mr. Skwarn, (rep.) of N. Y., explained that hehad held | former professional relations with this matter, which ‘wouki render it improper for him to vote. The special order was postponed and the Senate re- fosed to refer the matter to a committee. The discussion ou the resolution was then continued. Mr Devotss, (opp.) of I, contended that the wording | of tho resalution did not allow that testimony might be | tuken @ the purt of Mr, McCormick. Mr, Frssenpen, (rep.) of Me., asked if the Senator did not know ii the Ccmmissioner bad the power to extend the time a» beng as be pleased? ‘Mr. Dovorss said he knew nothing about it. bad» ife. Mr. Fessenpun said it was perfectly understood, and ever; body ought to kuow it. He thought that the se- nator, when be practiced law, bud learned not to admit | ‘apy thing for fear of the consequences. | Mr. Doveras said that he had always soon, when men fail in argument, that they took to making indecent re- 8. Mr. Pesmypes wanted to know what ho meant by in- om: Mr. Doworas—I will tell the gentleman what [ mean. When be said that if 1 had practiced Longht to know | someting about it, that this was an indecent insinaa- | tion, which a geptietnan ought not to PeeebeN—The Senator und I may differ, but He never that way Mr, Fiouxvrs—Very well; the gentleman can do as be pleases. ‘Tue Ci im said—I must call the gentlemen to order, | Mir. Do . in a loud voice—1 think so, and 1 call the Senator to order. Mr. Douglas then proceeded to | argue, that it was evident that the resolution intended | to refuse Mr. MeOormick’s rights, Gentlemen acting — as agents forelose him taking testimony. | Mr. Freespes said he couli ask anybody whether the ineinvation of others being lobby agents was decent, 98 applicable to members of thesenate, He supposed that was ageproimen of (he Sevator’s icea of decency ina debate, | abd, when ¢ with a loud voice and imperious man- | ner, must make st out to the satisfaction of everybody. He then proceeded to argue that it was | nissioner had the perfect power to | that Mr. MeCormick shuuld haye | all opportunity he wished. ‘The oiscyseion was still further carried on. Mr. Doec.se moved to amend the resolution 80 as to | read, “tukig lestunony in favor or opposition to the re- | newal of the patent.’” Lost by yeas 18, nays 25. | resolution was then passed by yeas 28, nays 18. ‘Tho Presiaeut’s mersage Was taken up and read, and | with the accompanying documents, was ordered to be in ted. Oe Kin, (rep.) of N. ¥. presented a petition against | un. take up the Tariff | omy sitoratlon of the warehousing syste MONS, (rep.) of R. 1. moved to Dill. Agreed to by Yeas 26; nays 23. Pending the consideration of the bill the Senate ad- journed, House of Representatives. Wasiusero, Feb. 8, 1861. ‘The House has passed a bill for the adjustment of tho | claims of the Paget's Sound Agricultural Company, under the treaty of Great Britain. It authorizes persons resid- ing tn Wavhington Territory, within one year, to make oe for confirmation of the title to the lands « by thom, Passed, Jee: alty to truth end freedom must ever engender. lar stura in the old confederacy. It will embody as mach intellect, experience and stateemauship as over convenod | in one Country, But the Convention insets to-day, and I | am writing ouly a few words before ite seasion com. menees. ‘There is nothing new from Pensacola. | perhaps a dozen, of the soidiers who wore stationed at | | Pensacola are here now on furlough. They say that there area fow United States armed vessels of the port, All was quiet. Tt is true fice at Pensacola, but there has been no mater ial trouble experienced about jt. Mails are made up and forwarded independent of the Post Oilice Department, aud eo it will bo wherever post vilices are aboliehed, ‘The sirects here are ina bad condition, and the Ala ‘ama river is up higher than for many years before. There appears to be considerable trouble in the Legislature about the passage of the Stay law. The House passed a Stay law; but the Senate amended it in so many ways that it is now considered very doubtful whether any law satisfactory to both branches ean be passed, The Congrers has received an oficia’ copy of the act of Alabama appropriating haif « million dotlars for the eup- port of the proviriona! government of the secoted States But @ short time was spent in open eaesion The committee on the plan of a provitional goverm taont reported in secret session. It was dikoursed four houre, with much unanimity of feeling, when the conmtl- tution of the United States was adopted, with some addition in relation to free trade with all the work. ‘Adjourned to eleven o'clock to-morrow. AUVPAIRS IN FLORIDA. Tar suaseam, Fia., eb. 7, 1861, Hoth houses of the Legislature have resolved to adjourn on the 14th (st. A bill providing for carrying the musily har passed the ‘The Free Negro Expulsion bill has been indefinitely ostponcd in the Senate. Mowtoomeny, Ala, Fob. 7, 1861 Advices reevived here from Vensacola represent mat | Wasmverow, Feb. 8, 1861. | Letters from Pensacola reagirm the fact that the Post } Odice there hus been aboliched by the Postinaster General, ‘but state that Bo material inconvenience arives, as mails are made up and forwarded independent of the Post Office — were sate within the Union. | the Crittenden ‘The Miaeiewippi regiment that returned home, number. bondred mon, A few Alabama troops have gone AFFAIRS IN TEXAS. } Avery, Feb, 6, 1901, | Nelegates are to be appointed to the Montgomery Con | vention aw members of the Conference, until a voto is Augpraed by the token on the ordinance of secession by the people, | ment, The only real atone, ta: . Again, if England sends her a Governor General, stat of officers and an army to protect her, she pays them herself, and the people of Cinada, while deriving come benedit’ from the t among them by these gen- to of pay not ore cent of tribute muke the cept! it it be ion the provinces, and I Gaiieery man it that Paes can be carried for some time to come. CAUGIINAWAGA. TO THE EDITOR OF THE HERALD. Tn a recent leading article headed “Perturbations in ‘ripe to throw off the yoke of England and set up for herself;? and, taking for granted that euch is the case | (the wish father to the thought, mo doubt), you advise ws to have our ‘‘measoures matured so as to be ready to step» into the Union when the slave States step out.” Now, sir, the “perturbations” of which you speak as being so prevalent here are nothing more (at Jeast so we have a! ‘ways suppose’) than the natural and every day politica’ movements of apy people whose press and freedom of speech are not controlled and silenced by the iron rule of a despot. What “‘perturbations” have occurred in Canada for the | last twenty years? The most serious political movement. of which we have any record was the rebellion of 1837 and 1888, which, as every ove knows, was occasioned by violent opposition on the part of the French Canadians, aided by a few discontented factionists from Canada West, and 8 me eympatbizers from the Uuired States, to what We familiarly term the “family compact,” or the system of filing the chief offices of the provincial go- verbment by appointments from England. This disturb- ance was easily quelled, and the family compact system shortly afterwards ubanconed; the two provinces of Up- per end Lower Canada were united under one federa) eitotive legislative system, and a Governor General nomi nated by the Queen, Since that period nothing deserving the vame of per- turbution bas marred the happincss of this progperous- and independent province. Composed as we are of suci: very different muterials, it is but reasonable to supposo- that some little family jars would occasionally cause » clond to flit across our otherwise sunny path; but under the nome of Canadians, English, Irish, Scotch, French» and Germans forget their different natiovalitics, and ‘work barmoniously ogether for the good of their com- mon country, whicb, in the celebrated words of Ovid, “dissocia‘a Leis comcordé pace Ugarit.”” We had our petiy squabbles about the Rebellion Loss Dill, the Seignorial Tenure Abolition, the School Ques- tion, the Scat of Government affair, &c.; but those ques- tions, which at no time assumed a serious it have all been pretty satisfactorily settled. There is, } must allow, in Canada West, a small but extremely noisy party, holding ultra Orange und bigoted views, which ts incersant!y clamering ogainst “Lower Canadian (or Roman Catholic) comination,”’ and continually agitat- ing for arepeal of the union between tbo | Bul this elique, composed for the most part of illiterate: aud ¢] men, wi we usi term ‘clear | au ComnmsPoaDENcE a oe PRESIDENT AND COLONET. ge. or arti js estimated by the majority of > w even in Canada West, at its pro value, The Srxaxen laid before the House the message of the | yindh to fuse a brokes's rah comeemengnealer: Provident, including the correspondence between himeelf | Dar pnd showing a steady’ decline,” It, hus no’ leader and Colonel Bayes, gene mony Lorne hd toa | worthy the name of a staterman; ard the universally select committer ve, order, ve pri J acknowledged champion of this party, the Hon. George: - Lee y vg len of he of Brown, M. P. P. for , ig certainly not the man, it” ae penne considerat! report we may judge from his tary Orationg, to leat ‘Committee ct three, we his followers “into the Union.” The’ French Canadians, PR Hartos, (opp.) og nt ere hm ne numbering about 700,000, would, to a man, oppors we At inaus- zyjlavery in the | annexation to the United States, so that the clear " quest! becn vor grit or Chartist party, the majority of whom, a. slavery was cntitied to in the | by the way, ere Orangemen, and sworn to maintain tho err woriea. It, was ved that these rights | supremacy of England in British North America so long were “pet pe bg age Neng as she remains true to her Protestant principles, this, States pay they secede, winile others have se- | | atirm is the only party in British Norih Americawith- s but Tennessee would sock, Ho auch remedy {oF | whom the matut ing o* measures for stepping into the Union wrongs. Ghe would dotm, wry gs vy would find the slightest offayor. And tosecure the ay been mag o fo = fathers | adhesion of even thia wi ty the free States woud and to cirmember this glor ion. He protested | be obliged to # forward abaitin the shape of “plat ggnioot bis State being an in the wake of the reck- | fyrm,’” aud that platform must be “Abolition of French and selfish leaders cotton States. and in Catholic influence in Canada.”” On no other Mr Reaee, (ep) ot ae that ifthe country is | grounds could the co-wperation of this party be secured. to a _. r= at genom yy Mm: be Look at the other sido of the picture. Canada requires. oo at C — - Wy, Bo party wivter port; for years she has cast her eye towards her > pee os Meeiplen ot aut | former dependency, Maine, and with feelings that may wel? criets baw oe 7 the | D¢ imagined she learns that a strengly exp, essed desire is a a onsaeanbe y ea wait wen | manifested by thousands of the citizens of thn’ prosperous mee preserved. | State to return to their former position and reunite their | fortubes with those of their former fellow citizens in tho British North American provinces. Shall we remain pas- sive spectators while scenes of such mighty interest are tranapiring around us? Sball we refuse to stretch out our hand and take the key, which is within our grasp, wherewith to open tho wintry doors waich annually close ‘Us with such a grating sound, Be oy e ~ bem iDg influence upon all cur affairs’ No; aro thousands of bravy hearts in the British North American . Ddeating in unison with those of their brethren. Maine, and if need be, thousands of brawny arms able and willing toobey the impulses of throbbing The time | hearts, and defend from the citi Bos comme te eo oe | State while in the ecarclingh tha maw Comoe ra oF =] —- finking oot i | choosing for hervelf that form of government most ac- time, at lest, abstract! therlo | ceptable toher, But] trust that, ns the {rce States have al prevented them trom clearh ing the proper course — jowed the slave States to le from which Ae yo 2 oa the sun | Union, the game precedent will 4 ybserved #hould the ' bn § Se her wags | of Maine deci se todiseolve een wth Brother over thie nation, and still the glortous old stars ant | Jona! pot hg besadaassindeecirt mane weaee were at ee Se rea @ star | While, however, we, as @ people, have no desire to set, ty pe bea (8s | throw off the yoke’ of Fogland, we cannot but congrati: from whence did they prin = bere of, the eunfbieration, witaee tk ‘ id Mae as to the returning of fugitives from labor, State. and in all other States where the been tested, every facility hed been given to the execa. tien of that law. Mr. Leseota had declared in one of his that the outh wae eptitied to an effletent Fugi tive save law. Flow. then, could they establish any charge upem this? No, it wae a mere vagatele, and had really nothing te do with the present dithoulties whieh Laroaten the disruption of the Ubi, ae the was easy of volution. The difficolty hae arisen now Mict of opinion between the of the North | and the South relative to the jastitetion of slavery, some believing that 1 wad a bieering to the slave and a DeneGt to tbe master while the other, the North, were tanght to re ‘tas @ moral sot polities! wrong, aed thir conf ict of option would continue to 6xist as long as the goveroment shall leet, Fitty youre ago it was rally conceded, South a» well ae North, that slavery war Wrobg. bul #ibee they, education aud polittoal tra bad greatly changed the curre@t of men's footim, Pegard t thie guretioe, aad pow the opens of pee 3, ant changed. They might legislate till the ide cease! to Bow, and yet the South would believe Un Hlavery was riybt, they might lngusete til! the gun grew | tired of bie course, and yet the Nortwere mied world the bebef that ‘avery war 8 moral polities! evil This war & s@idect on whieh i wee covless to legivinte Row the = properitiee intreduerd = by days 5? wes te ainend ibe vonnt/tution as cur fathers bave before am | Hod eer (he questa im Lage eoticd A we | emee je lee was draws between slaver Boles, raying that north of thet line slavery shoukl not be, but south of Mt rlavery might exist ihe Tewult Wee that pence was restored to the country, an undioturtd pence of Uirty Leas, the coentey cevoted twill Othe level mement of their hatisal rescarees Mle further © \pdeiwed bie propemition, Dolteving that Wt wowld be the opit o Of the American pople ih wix month, ile did not tuk to paliticians, a@ 5 are sotmed to their idole, Tet them alone, Wr, Fauweworm, (rope) of Tl, asked hiv colleagee wheiter he favored #1 Reith of the Liner Mr Kerrone replied that he woelt adhere to the with afl ite legal and Ingical conerqoonees. Im furtner nse tow yuertion (rom Mr Far.eworth be reminded that gentleman that be (Mr. Dar Crittenden Montgomery ameetn ehh eam wom provision to admit Karsan with wevery in the coustite: Lien 1 tbe prrgne rbot ee determine, tang rewumed, saying that be voted for thet amendnest in the full reeseniven of the pr embotiot Hie was for bw coun wel did not care whether hie proparition was found in the Breckinridge, Dongle or repobliown platform. enongh for him If it nite the country. (Lewd Mr, Serr, Copp.) of N.C , inthe course of his remarks, paid that Lis Btate would ot be the deatroc an of the government. se oe gun ue suded by ady oat ug vente RVENING @FRRION, Reeows til 0 were no causes for @ dissolution of the Union mow that have not extated ever the foundation of the govern with the seecestoniete iv the election of # republican Preeident, The Crittenden position wae a sham and pretense which would no Me fake Whe floor the House adjourned ”" Nobody caring lie for years secession | Eats effect the downfall of slavery in America, so- and hewor | —whieb go. Mr. Canny, (opp. of Ind., proceeded to show that there The city tra: coring which (ime Ottenheimer, F. which, Like the Old Man Sea, in the story of “Sinbad, the Sailor,” have a burden and a ceaselers source of anxiety to the re- of the slave States will , ins ead of weeping at what may appear to be the diememberment of the republic, free p fe oa should re- Jove at getting tid of an losuiltrable burden, and with consolidated und renowed energies set. ou: afresh upoo her glorious path of prosperity and triumph. r Quenec, Canada, Janoary 30, 1861. News from Californta, ARRIVAL OF THE PONY EXPRESS. Fort Kranvey, Mob, 8, 1863. ‘The pony expross passed here at five o'clock this morn- ing, bringing (be following summary of news for the As- wcolated Prems:—- Sax Fraweiaco, Jan 22—3.40 P. M. Arrived, 21st, bark Yaukee, Honolulu; 224, brig Cur- Jew, Malega; ship Seotiand, England. Sailed, 20th, ehip Sea Lark, Magatlan; 221, Ringleader, San Plas. ‘The steamer Uncle Sam sailed on the 2let for Panama, carrying the follow ing passengers -— Ira P. Rankin, J.J, Donohoe, J. Wales, f. L. Murphy, Mrs, Newball, W. Il. Stevens, II. A. Nash, # C. Kennedy, YP, Kirby, 4.0. 4. Tharber and wife, 0. W. Bryant, 1, Story, William Donn, wife and grandchild; A. B. Mo- Gown, 1. B. Joseph, Colonel Butler, D. W. Hate, Jullua % Whiting, Captain J. M. Hume, end wife, § Tt. Parker, Touts Lar, Wm. D. Hooker, Mee. Sophie Prayle Ponstensberg, A. M. Krane, Robort inter, G, Fetermas, W. 8. Deno, eet, Mra. 0, D. Word, George M. Williaws, LL. Kastman, wife, infant and fervant, J. W. Hubbard PF. Krause, W. Welly, Mrs G. N. Bmi i. N. Simp” P. Goodwin, mes 1, Freoman, jean army; Gen’ rew Nodda, wife 1, "fom. Hive Ball ir, ‘Total A New York ‘ae fe mained last . ceedingly quiet sinco ~The sale of seats for the Mrst per- Ballo in Magehera’’ will commeuce a iF OF Move formamer of the ; tht morning at the wmal places. Ae there are indica Hows (hat the Opera will attract # crowded hougo on the Jet night, seats ehould be secured iamediately. “4 ' a