Newspaper of Evening Star, January 7, 1867, Page 1

Newspaper of Evening Star dated January 7, 1867 Page 1
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Qfftmiug Star, ? I V?. XXIX. . WASHINGTON. D. C.. MONDAY. JANUARY 7. 1867. N?. 4,316. ; THE EVENING STAR . IS FIBLISIIED DAILY,iSUNDAY EXCEPTED) AT THE STAR BVlLDIJfiJ, .^ihieeit comer remn a.m r.tut and llf* ttrttt ?v W. P. W A Ii Ij A C II. The STAR is served by toe carriers to their ubscnlers m tbe City an J District at Tn CR!?Te r*s wtiK. Copies at tbe louater, with cr without wrappers. Two Crtttb each. Price tor M ailiho ,-Tbree months, 'Ozt y**,ar and Fifty Ctnti; six months, Three DotUrf; one year. Five Dollars. Wo papers aro sent from the offce Icnger than paid for. ILt W ELKLY STAR?published on Friday meriiiii f?One DoLar and a 2/a-/ a Year. TELEGRAMS, he. TRere has been considerable eaci'.ement amoDC ll-e liquor dealers and sporting fraterterairy in Boston wrbin the past few days in -consequenceof the numerous raids and ?ei? ores at their e-tablisbments by tne State constabulary. It is known tna- a movement is on foot to operate a/amst the Stare constabulary in the Legislature. and tbe ultra temper ince people are a:?o prep?ring to advocate mur? "triugent measures than ever. Although half a dcien prominent establishments were visited on Friday night, arrests m i.le. aad all tb-ir m piemen:s jtuw), lbs* were in full oper allot tb? next day,and at one place it is said nearly three hundred persons were present. Titers was a great fire at Yokohama. Jap m en the Ml of November, by which two-thirds of tha' town and the best and most important part of that foreign aettl. meut wm destroyed. Tbe t rench consul lost his office and all his private property. The Kng.tsh consul also si/OVrrd 1 he new house hunt for the American consulate was also burned, with the whole of old consulate buildings. The French. Ameriran, Prussian. and English pos t office*, with nearly all the private residences, were t.urned. Tbe proposition neing entertained by the leading hotel keepers in Ho-ton, to shut up their hotels if the course of the constabulary is continued was in'ended to be kept secret ' D*'l definitely acten upon, and is making no Irtie sensation where it has become known, particularly among mercantile peonle. The prose. u';.>n agaiuet the principal hotels, however. is not carried on by the State constabulary, hut Pv the counsel of some of tbe small fleuler-. who donhtles* desire to disgus- the Legislature and the pnhllc with the law. On last Thursday night the railroad sta-ton ar SchJesuigerviHe, III., on the old I .a Crosse railroad was destroyed by incendiaries a nnmber of treigh'cstv telrnging to 'he M.Iwanaie and Si. Paul Railroad Company and a quantity o! valuble freight were destroyed, and *he tragic torn up ih several places The perpetrators were the farm mortgage**. All efforts to obtain their names have proved una vailing A newsboy of Toronto, Canada, named Henry Martin, whose father was killed at Bull Hnn, has tallen heir to *3<iO,oi o through tbe death of an uncle, who accumula-ed ?i large lortnne m Texas, to save which he joined the Confederate arrav and was killed hi Shilob Detective* have been searching for y.uing Martin for the last three months Having found him. they left with him for Rochester where his mother is residing The Kio Grande Courier of the?)dof December has been received. E?cobedo has noi been captured or hung, as reported, but was w?-i| on his way to Monterey on the iis' Th? Liberals were then evacuating San Luis Pou>m. and -hen marching on M<?n'erey. Oorti. nas had joined his fortunes with Cinale*. and bad proclaimed against Juarez, hut favored n< one in particular They were going to T im pico to arrest Gomez. s The early action of the Maryland Legi-la turr looking to the repeal of he obnoxious feature* of the Sunday law. according 'o rh< estimation of many, gives inuch satisfaction ir Kaitirrore to those who are anxious to havi the Sunday cars. It is expected that ths L- 'i? &',1'.rLp,nt thl* rrivilege to "thBaltimore City Passenger Railroad Company A London correspondent writes tuat ?hi Canadian delegates, rather than accede to th ?'C\?1I,D* Prot**Lant* privileges refused tCatbolics, will re-urn without adopting an' plan of confederation. The Hon John Ros has lett Montreal lor England to watch the in terests of the Protest:,nts on the part of the cor p?.ration of McGill College In the cellar of the I nitanan Church, ii East Cambridge, the Massachusetts constable; have over r welve hundred dollars worth o ii.,uor> stored. A considerable portion of 'him 111 ** I!r rvMal Uot^ Hington and will probably be returned to thenwneri h decision of the Superioi < onrt. which was to tbe effect that liqnoi fonnd at botele connot be confDca'ed. Mr. I'erv.s Spears was murdered on Sun day night <:*.th alt.) in Wa-ren county. Mis \bAlld of Hegroee, and his hous. burned after being sacked. A portion of ihc plunder was found in he house of the negr escape* m ^ b*'narret>t*?1' bnt tbe otter st^rrNhr farma" named Samuel J Starr has be?n arresied for Uie robbery of hn employers, Sims A. Bro.. during the "las- mi tranv nf?LVi^ wor,ri ot revolvers and ritles *', I ?VThiPb WWr* for a portion of tbe i ?' ""I"""" The I S steamer I?on returned to Fortre. Monroe Saturday, having been disabled ot Harteraa. 1 he Gettysburg met her there, an< St*^ rr,,i5 Secretary o ' ^ redericR W. Seward, embarked on be to continue their journey. * J|?P* check .windl#r. whose name ha N^W v "own. WM arrested ii ! [?.r T?ctimizing herein Bros.. L. s. Jaffrey A to . Lathrop. Luding n<, others. The amounts in eacl case are not very large. Kl?ren!^i?,*0m,ld Rock lp,Md and Pacifl< Railroad ( ompanv has commenced work ot ori?uff.S,0n b<,tWWn D" Moir** 4nd Oouu ?? A meeting under the auspief>s of the Haiti mri^TJ1^.C*a,,orifor the mor*J and educfton* SEIZTV***1 of people u to ^ w "???. C^.W-T11 Yl*a f#U fnm ta* ,ra'? on th< h *J^?.<**or<ria- yesterday mornma ^-d hw bead was severed from his bod v. ' kitimei!'|ll?f'v,?UI,drun engaged in rhe bom ilia alparaiso has arrived at Man the city government of nearly all the Mas ai busetts cities will t>e inaugurated to-day. Thr RepnbUcan Caucus. The Republican members of tbe House o R*p*e?Rjta:ives held a c<uocns Saturday eve W^ScuVeW Ul!el P tQe HoU9t'- Th" ? -T.- u ?* of Pm w#> called to the chiur " Jgmaryna,,B^t?f Minn ac?,>c 7^.. i y Between sixty and setenti sneenbers were preaent. Although th- .uh J^ndAr C?>L,1<1?r*Uou (tailed forth a snir W onUthe?whl!leP?C'^*,S 0f c!lu "1 whole, marked with great har fr?v? lhat, belore anv final a^Uon be itkeJ sRouId be fxwfaried jwir hont'a0^ the coaeiS^?^!- *? hontnr?t coming und-i ?reed 4,1 * ?"cas Tki. JtrJtVZZwho,, u. X <?,? Jim-m-w~ ???u. i, ueMons involved ut tb?? Broe^H? meat. Tha poiats raised wereVfc^tk^",^a;^' pewbaaent could be partly tried by th* of 'be Thirty.Ninth Congree* aU? be House of Representatives efthl %ai?!" Ninth Congress couia prefer artuieetir ,!I" peaebmeal on which the president could w." tried by Senate of 'he Fortieth C?nire,V or whethor. should article* of impeachtaen; ^ !.0T pr*^red "d ?*? ?rial?f (hem not?,?! > nd?d ai ths expiration of th* pr?M?ntCen. gres s.tbey woo Ii have w tw ra^wad in thi >ort,etn Congress. .Mr. Stevens, of Pa., took the ground thai the Senate did uutexpire With the Congress un |he ?th of March nest, it being a p-rpefl^ Mr. B ngham.of Ohio, beid different df.iu. ons, arguing that as one-third of the p-*??ai >ei?ators would go out on the 4th of Mar b he ? re-.deut could not sfurv4r4?onUaa* to te r e,i by a Sen.ite campoeed of ot.e..a,rtl n^w U,#dfc/ thepreMr *s'evens Ib( ogbt herawruld be.vrjie 1 " time in this Congress to do whatever was ?o be done. He was not, however, ia favor of h ftecing a matter of this kind too rapidly. He wis w ill lag to afford an opportumtr for member* of Cougress to give due consideration *> 'be measure proposed. He believed that it ought to be done, bat was not willing to go into it unless it could be done thoroughly and certainly. Mr. Spalding, of Ohio, opposed the proposed action very earnestly. He did uot oelierve that any good would result from it. Mr Higby, of California, thontrht it the most momentous question that hail been presented for the consideration of the members of this Congress, and deprecated any hasty action. Mr. Washburne, of Illinois, did not thiuk that impeachment was possible; a?d while he believed that the President had done many things seriously objectionable, he thought that the proposition for impeachment shoo id be referred to one of the standing committees, in order that it should be regularly and dispas. sionalely considered, before being presented for the formal action of the House. Mr Hontwell, of Massachusetts, supported the proposition of Mr. Ashley. He thought the work should be commenced by the preseu Con Kress. The deba e was quite spirited. Mr. Binebanu speaking in his usual impulsive style, and Mr. Steveus exhibiting a corresponding degree of earnestness. There appeared to be a general dispci'ion | npou the part of those present to vote for any inquiry into tfce matter as to whether the | President sboutd be impeached, while a larjre number were of the opinion that be ought to be impeached at once. Mr. .Bingham made the point that articles ol ! impeachment, lor the reasons he had previously stared, shoula not be preferred during the present Congress lor want of tin*. He reirinoed gentlemen that the trial ot Warren Hastings lasted seven years. 1* was flnnliy determ'ned that no reKolo'ion lookirg toward the impeachment ot the President sbould be adopted unless sanctioned by a vote ot two-thirds of the Bepobltcan nnnnwrs i iu caucns.and that 111 the meantime all resolutions on the subject should be referred to the Judiciary Committee of the House without debate. The caucus was in session about two hours TROUBLE IS TEXAS The Civil Versos the Military Authority. , Some days since a capias was served on Maj. General Heint/.elman, by order of the sneritf of Guadeloupe countv, charging him wi'h the commission ol some offences against the laws ol Texas, committed by his subordinate ollicers acting under his (Heintzelmau s) orders from superior authority. General H refused to comply wi'h the summons to appear before 1 Judge Baldwin, the U. S District Attorney in i a letter in which he says : i "A few days since 1 was served with a eapias from Segain. Guadeloupe county, Texas, by Judge Ireland, notoriously disloyal 1 re[ plied by furnishing tlie orders under which I ) acted, and the letter of my adjutant general, enclosing it to theagent ot the Freedmen's f#reau at Seguin. He has been indicted for theft for pets committed by another under that or, der. Neither he or 1 went to Seguin. The present disturbed condition of th^coun ry will * not admit of my leaving my post. I would 1 uot deem ray lile sate in the hands of the legal * authorities, as I know two individuals who were recently taken from the jail in Belton, * B 'l county, Texas, by a mob and put to death. There i? a strong feeling against all officers e who ,iave been in any way instrumental in f sustaining the United States'laws, particularly . those connected with the Freedmen's Bureau. The evident object of the process is to annoy ^ aud oppress, me'for performing my duty, anil tbTough me to throw discredit upon the 1 hiUh! ~ States authorities, in this State.*' Judge Baldwin sustained the position of fien?-ral Heintzelman iu an elaborate opinion. 1 Chief Justice Taney, in the case of Abiemau s vs. Booth, reported in _'! Howard, pace 253, f said ibe State authorities could never have s attempted so grave an otfeuce against 'he majesty of the laws of the United States > as to have imprisoned an officer and atr tempted the imprisonment of oifaers while in r the discharge ol sworn and imperative national and official duties. No State judge or court, alter tLev are ottiomlly informed that the party i? imprisoned nnder the authority of the United States, has any right o interfere with him. or f to require him to be brought before them; ind * if the authority of a State, in the form of judi? cial process or otherwise, sbould attempt to s control the marshal or other authorized officer or agent ol tn* Uuiteci Mate* iu any respect iu the custody of the prisoner, it would be his s daty to resist it, and to call to his aid any force t that might be neces-ary to maintain the authority of law against illegal m'erference. The r pith and moment of the f^ase, summed up, is s simply that an officer of the United stares, obeying the orders of his superior, as in this ? instance, cannot be interfered with by State r authority. The question as to the proprietr of j your proceedings is ioquirable into only by f the power that placed von here and bade you r do that thing. As well might the president of the 1 nited States be dragged from a Cabinet meeting, on a civil process, for signing the death warranr of the conspirators, a.- fbr vou J to be carried away from your postou civil process * Hikt? Aboit UorHiMii'iku. - We will give to intellect, to religiuu and t all virtues, * the honor that belongs to them. And still it j may be boldly sffirmed that economy, taste, skiil and neatne-s in the kitcben have a great deal to do in making life happy and prosperous. ^ Nor Is it indispensably necessary that a j house should be filled with luxuries. The qualifications for all good housekeeping tan be displayed a* w ell on a small scale as ou a j large one. . Skillful cooking ia a> readily discovered ia a niceljr buked potato, or a respectable johnny cake, as in a nut brown sirloin or a brace of 1 can vat--backs. r The charm of good housekeeping, is the order of economy and ta**e displayed in atren? tion to little things, and these little things have , a wonderful influence. A dirty kitchen and bad cooking havedr.ven many a ore from home 'to seek for eomfort and happiness somewhere else. Domestic economy is a science?a theory of life v hit h ail sensible women ought to study and practice. None of our excellent arirls are fit to be reamed until tbev are thoroughly educated in the deaii and profound ravstenas of the kitcheu. t See to it, all ye who are mothers, that your daughters are all accomplished by an expert* mental knowledge of good housekeeping. j ViSTiLATioit of Books.?A few days ago, * amongst our city intelligence, was the account 7 of a gentleman being suffocated in bis sleeping chamber at an hotel in this cttv through an escape of gas. This all comes throuch de1 fective ventilation. If there had beeu any proper means ia the room for the supply of freah air, the gas woald net have been sufficiently powerful to have caused the death of the untortunate gentleman The ventilation , of sleeping apartments in the hoa?ee of New \ork should be mote carefully attended to. Owing to the use ot staves, there are generally no open fire place* as in Earopea houses, whereby a draught of pare air could be kept up throngh the rooms. Oar windows are sualiy kept tightly closad.aad thus a sleeper breathes the same vitiated atmosphere all ' night. This could easily be rssnedied. A ven; uiator formed on a very simple plan could be readily attached to the wiadows of bed eham' bers, and a corresponding eae to the lower part of the door. Tans the absence of a regular fire place and chimney, woald be no pre' ventive to ensuring a free escalation of air throughout the room, and there would be no occasion for our chronicling such ac<*tdeats as sufFovation by the escape of gas, which are tery common ? s. Sun. VA man in Europe goes to priaoa for ?x nositii for having three wives. ?TFour physicians have been la consultation over Bismarck. VMim Nellie Dean, aged twelve, is skating wonderfully in Pittsburg. Chi cage erected 8.000,000 werth of new baildiag la?t year iW"Qe?. McCtellan is expected back from Earope. early in the Sprlag. ? C. Way's property baa been lioelled Jor confiscation. *^"A Chicago yonngjlady of fourteen eloped yosag man of twenty-two, was mar. naa tare* weeksand then got a divorce. little bojr, m Columbia, Pa., drew a ton oi coal nt a fair-raitle, and gave the same to?w*po?r aid wai*?>. , U ncoastitBtionai. the Texas *<ay law. VTIl'i* were two feaadrad arreeu In New Yorlt oa New Tear'* day. Vk negro ia Mew York bit off a woman's i ooseon New Year's day. PRESIDENT'S MESSAtlE. ( the Prfudrnt ( the Vwlted Mat-*, Returning to the l'n?t? Bill Entitled "An Act te Regnlnte the Elective f ranchise in the District of bin." To the Senate nf the Ciu ted Mat it : I have received aud considered a bill entitled "An act to regulate the elective franchise in the District of Columbia." passed hy the Senate on tbe 13th of December, and by the House of Representatives on the succeeding day. it was presented for my approval on the 26?h nltimo?six days after the adjourn, mem of Congress?and Is now returned with my objections to the Senate, in which House it originated. Measures having been Introduced. at the commencement of the first session of the present Congress, for the extension of the elective trancbise to persons of color in the District of Columbia, steps were taken by the corporate authorities of Washington and Georgetown to ascertain and make known the opinion of the people of tbe two cities upon a subject so immediately affecting their welfare as a commanity. The question was submitted to the peoj It- at special elections, held in the month of December, ]fr65, when the qualified voters of Washington aud Georgetown, with groat unanimity of sentiment, expressed themselves opposed to the contemplated legislation. In Washington, in a vote of 6.55<>?the largest, with but two exceptlpns, ever polled in that ciry?only thirty-five ballots were cast tor negro suffrage: while in Georgetown, in an aggregate of votes? a number considerably in excess of the average vote at tbe four preceriiiig annual elections?but one was given in iavor of the proposed, extension of the elective franchise. As these elections seem to ha\e been conducted with entire f.tirues-, the result must be accepted as a truthful expression of the opinion of the people of the District upon the question which evoked it. Possessing, a? an organized commuuity, the same popular right as the inhabitants of a State or Tfiri'ory, to m?k<- known their will upon matters which afiect their social and political condition, they could have selected no more appropriate mode ol memorialising Congress upon the subject of this bill than through the storages of their qualified voter?. l intirely disregarding the wishes of the people of the I>istrlctofColumbiii,Congre?s has deemed it right and expedient to pass the measure now submitted for my signaMire. It, therefore, tiecomes the duty of the Executive, standing be. tween the legislation of the on? and the will of tbeother. lairlyespressed. todetermine whether he should approve the bill, and thus aid in 1 placing upon tbe statute-boons of the nation a I law agains' which the people to whom in is to apply have solemnly and with such unanimity I protested.or whether he should return It with I h-is objections, in the hope that, upon recon- I slderation, Congress, acting as the represents- I tives of the inhabitants of the seat of govern- I raent, will permit them to regulate a purely I local question, as to them may seem best suited I to their inierests and condition. j The District of Columbia was ceded to the I United States by Maryland and Virginia, in I order that it might become the permanent seat I Of government of the United States. Accepted I by Congress, it at once became subject to tbe I '-exclusive legislation" for which provision is I made in the Federal Constitution. It should I be borne in mind, however, tbai in exercising I it? function:- as tbe law-making power of the I District of Columbia, the authority of the L National Legislature is not with^t limit, but that Congress is bound to observe the letter I aud spirit of tbe Constitution, as well in tbe I enactment of local laws tor the seat of govern- I Trent, as in legislation common to the entire Union. Were it to be admitted that the right I to exercise exclusive legislation in all cases whatsoe>er," conferred upon Congress unlun- I ited power within the District of Columbia. bills of attainder and er post facto laws might ) be passed and titles of nobility granted within I its boundaries Laws might be made "respect- I in<r an establishment of religion, or prohibiting I the tree exercise thereof: or abridging the free- I doiu oi speech or of the press; or the right of the people peaceably to assemble and to petl- I tion the Government lor a redre-s of griev- I ances." ?-The right of the people to be secure I in their persons, houses, papers, and effects, I against nnreasonable searches ana seizures,'1 I might with impunity be violated. The right of I trial by jury might be denied, excessive bail | required, excessive fines imposed, and cruel I and nnusual punishments inflicted. De-po- I tism won Id thus reign at the seat of govern- I ment ot a tree Republic, and. as a place of per- I manent residence, it wonld be avoided bv all I who preler the blessings of liberty to tbe mere I emoluments ot official poeitior. It should also be remembered that in legisla- I ting for the District of Columbia, under the I Federal Constitution, tbe relation of Congress | to its inhabitants is analogous to that of a Le- I gistature to the people of aStafce under t heir 1 own local constitution. It does not. therefore, I set m to be asking too much 'hat. in matters I pertaining to the District. Congress should 1 nave a like respect tor the will and interests I o{ its inhabitants as ib entertained by a State I Legislature for the wishes and prosperity ot I tho?e for whom thev legislate. The spirit of I our Constitution and the genius of our Got* I eminent require that, in regard to any law which is to affect and have a permanent bear- | ing upon a people, their will should exert at I least a reasonable influence upon tho*e who are ?ctjmg in the capacity of their legislators. I Would. lor instance, the Legislature of tbe ] State ot New York, or of Pennsylvania, or ot | Indiana, or of auy State in the Union, iu oppo- 1 sitien to the expressed will of a large majority of the people whom they were chosen to rep- I resent, arbitrarily force upon them, as voters, I all persons of tbe African or negro race, and make them eligible lor office, without any other I qualification than a certain term of residence I within tbe State ' In neither ot the States I named would the colored population, when I acting together, be able t? produce any great social or political result. Yet, in New York, betore be cad* vote, the mar ot color must ml- I fill conditions that are not required of the white citizen: in Pennsylvania the elective I ftauchise is restricted to white freemen: while in Indiana negroes and mulattoes are expressly I exclnded trom the right ol suffrage. It hardly I serins consistent with tbe principles of rirtit and justice that representatives of States where suffrage is either denied the colored man, or grunted to him on qualifications requiring in- I telligence or property, should compel the people of tee Districtof Columbia to try an expert, raent which their o?i constituents bave thus tar shown an unwillingness to test for them* selves. Nor does it accord with onr republican ideas that the principle ot self-government should lose its tone when applied to the rest, dents ot tbe District, merely because their leg. islators are not. like those of the States, respon. Bible, through tbe ballot, to tbe people for I whom tbey are the law-making power. I 1 he great object of placing the seat ot government under the exclusive legislation of I Congress, was to secure tbe entir e independ* | dence ot tbe General Government trom undue State influence, and to enable it to dis- I charge, without danger of interruption or in- I tringement of it* authority, tbe high functions I tor which it was created by the people. For I this important purpose it was ceded to tbe | United States by Maryland and Virginia, and I iteertainly never could have been contem- I plated, as one of the object* to be attained by placing it under the ex?&i?*e jurisdiction of I Congress, that it wouldiwtd-to propagandists I or political parties aplaeefer an experimental I test of their principles and theories. While, I indeed, tbe residents of the seatof government I are not citizens of any State, and are not there. I tore allowed a voice in tbe electoral college, I er representation in the councils of the nation, I tbey are, nevertheless, American citizens, en* I titled as such to every guarantee of the Con- I stituiiou, to every benefit of tbe laws, and to every right which pertains to citiaens of eur I common country. In aJl matters, then, affect- I ing their domestic affairs, tbe spirit ef onr I democratic form of government demands that I their wishes should be consulted and respect. I ed,and tbey taught to feel that, although not I permitted practically to participate in national I concerns, tbey are nevertheless under a pater. I nal Government, regardful of their rights, 1 mmdlulof their wants, and solicitous fori heir ' prosperity. It wasevidentiy contemplated that ! all local questiona wonld be left to their I decision, nt least to an extent that wonld notb* I incompatible with tbe object for which Con* I grees was grained exclusive legislation over I the seat of government. When tbe Cons'l- I iutioo was y?t nnder consideration, it was as?um>d, by Mr. Madison, that Its inhabitants would be allowed >*a municipal legislature, for local purposes, derived from their orwn snf fraii e?." when, for tbe first time, Con greet, in I ibe year IhU;, assembled at Washington, Presl- J d?nt Adams, in bis speech at its opening, re. I minded the twp Bouses that it was for Ibera to I consider whether tbe local powers over tbe I Districtof Columbia, vested by tbeUonstitu- I tion In tbe Congrees of the United States, I should le immedla'ely ?*xerci?ed. and hea?ked I ,bem to "consider it a? the capital of a great I nation, adv&i cine with unexampled rapidity in arts, in oonmrrcf, in wealth, and in popula*ion, and possessing within itself those re ourcei whieb, it not thrown away or lamentably misdirected, would secure to it a long course ol prosperity and self-government." Three years bad not elapsed when Congress 4ms called upon to determine the propriety of retrocedingto Mary land and Virginia the jurisdiction of the territory which they bad re. spectively relinquished to the Government of the United State*. It was nrged. on the on* band, tbat exclusive jurisdiction was not necessary or useful to the Government; that it deprved 'be inhabitants of the Districtot their political rights; that inucb of the time of Congress was consumed in legislation pertaining to it; tbat its government was expensive; that Congress was not competent to legislate for the District, because the members were strangers to its local concerns; and that it w&s an example of a government without representation--an experiment dangerous to the liberties of tbe States. On the other hand, It was held, among other reasons, and successfully,

that tbe Constitution, tbe acts of cession el \ irginia and Maryland, and tbe act of Congress accepting tbe grant, all contemplated the exercise of exclusive legislation by Congress, and tbat its usefulness, if not its necessity. was interred from the inconvenieuce winch was felt tor want of it by tbe Congress of tbe Confederation: that the people themselves, who it was said bad been deprived of tbeir political rights, bad not complained and did not desire a retrocession; tbat tbe evil mi(bt be remedied by giving them a representation in Congress when tbe District should become sufficiently populous, and in tbe meantine a local legislature; that if the inhabitants bad not political rights, they bad great political influence; that the trouble and expense of legislating tor tbe District would not be great, but would diminish, and might in a great measure be avoided by a local legislature; and tbat Congress could not retrocede tbe inhabitants witbont their consent. Continuing to live substantially under the laws that existed at the time of tbe cession, and such changes only having beet, made as were suggested by themselves. tbe people of tbe District have not scugbt, by a iocal legislature that which has generally been willingly conceded by the Congress of the nation. As a general rule, sound policy requires that :he Legislature should yield to tbe wishes of a people, when not inconsistent with tbe Constitution and tbe laws. The measures suited to one community might not be well adapted to the condition of another: and the persons best qualified to determine sucb questions are those whose interests are to be directly affected by any proposed law In Massaihusetts, lor instance, male persons are allowed to vote without regard to celor, provided they possess a certain degree of intelligence. In a population in that State of 1,23I.<M6, there were, by the census of letiU, only 9.6rJ persons of color, aud of tbe males over twenty years of age there were 339,white to S,tf02 colored. By tbe same official enumeration, there were in the District of Columbia 6o,TS4 whites tol4,31G persons of tbe colored race. Since then, however, ;be population of tbe District bas largely increased, and it is estimated tbat at the preseut time there are nearly a hundred thousand whites to tbiity thousand negroes. Tbe cau^e of tbe augmented numbers of tbe latter class needs no explanation, (5ontluguous to Mary. land and Virginia, tbe District during tbe war became a place ol refuge for those who escaped from servitude, and it is yet tbe abiding place i of a considerable proportion of those who Vought within its limits a shelter from bondage. Until then held in slavery, and denied all opportunities for mental culture, their first knowledge of tbe Government \yas acquired when, by conferring upon them freedom, it became tbe beuelactor ol tbeir race: the test of their capability for improvement began when, for tbe first time, the career of free industry and the avenues to intelligence w-*re opened to them. Possessing these advantages but a limited time?the greater number, perhans, having entered the District of Columbia during tbe later years of tbe war or since its termination? we may well pan?e to inquire whether, alter so briel a probation, they are, as a class, capable of an intelligent exercise of the right of Mintage, and qualified to discharge the duties I of official position. The people who are daily witnesses of tbeir mode of living, and who have become familiar with their habits of | tbongbt, have expressed the conviction that i tbey are not yet competent to serve as electors, and thus become eligible for office in tbe local governments under which they live. Clothed with tbe elective franchise, their numbers, already largely in excess ef the demand for labor, would be soon increased by an influx from tbe adjoining States. Drawn from fields where employment is abundant, tbey would in vain seek it here, and #o add to tbe embarrassments already experienced rrom tne large class of I idle persons congregated in the District. Hard- I ly yet capable of forming correct judgements j upon the important questions that often make the issues of a political contest, tbey could I readily be made subserv ient to tbe purposes of I designing persons. While in Massachusetts. I under the census of 1:60. tbe proportion of white to colored males over twenty years of age was one hundred and thirty to one. here tbe black race constitutes nearly one-third ot the entire population, whilst the same class surrounds tbe District on all sides, ready to I change tbeir residence at a moment's notice. I and with all tbe facility of a nomadic people, I in order to enjoy here, after a hort residence, I a privilege tbey find nowhere els* It is with- | in tbeir power, in one year, to come into tbe I District in sucb numbers as to have tbe su- I preme control of tbe wbite race, and to govern I them by their own officers, and by tbe exercise ot all tbe municipal authority?among the I rest, of tbe power of taxation over property In 1 which they have no interest. In Massacuusetts, where tbey have enjoyed tbe benefits of a thorough educational system, a qualification ol intelligence is required, while here suffrage is extended to all, without discrimination, as well t0them08t incapable, who can prove a residence in the District of one year, as to tne** persons of color, who, comparatively few in number, are permanent inhabitants, and bar- I mg given evidence of merit and qualification, are recognized as useful and responsible mem- I tiers of the community. Imposed upon an anwilling people, placed, by the Constitution, under tb? exclusive legislation ef Congress, it would be viewed as an arbitrary exercise of power, and as an indication by tbe ei>nntry of I the purpose of Congress to compel tbe acceptance ot negro suffrage by the Status, it would engender a feeling of opposition and hatred between the two races, which, becoming deeprooted and ineradicable, ?tould prevent them from living together in a state of mutualfriendliness. Carefully avoiding every measure that might tend to produce such a result, | and following tbe clear and well ascertained popular will, we should assiduously endeavor to promote kindly relations between tbem.and thus, when tbat popular will leads the way, prepare for the gradual and harmonious introduction of this new element into the political power of tbe country. D cannot be urged that the proposed extea> I slon ofsuffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or tbeir rights. Tbey stand here precisely as tbey stand in Pennsylvania, Ohio, and Indiana. Here, as elsewhere, in all that pertains to civil rights, there is 1 nothing to distinguish this class of persons I lrom cyixens of tbe United States; for they possess the "full andeqnal benefit of all laws aad proceedings lor the security of person and property as is enjoved by white citixens," and I are made "subject to like punishment, pains, ami penalties, and to none other, any law. stat- I ute, ordinance, regulation, or custom to the I contrary notwithstanding." Nor, as has been | assumed, are their snffiages necessary to aid a loyal sentiment here: for local governments al. ready exist of undoubted fealty to the Govern. I meni, and are sustained by communities whieb I < were among the first to testify their devotion | to tbe Union, and which during the etruggle furnished their fnll quotas of men to the milltary service of tbe country. I J The exercise of the elective franchise is the highest attribute of an American citisen. aad, when guided by virtue, intelligence patriotism, and a proper appreciation of our lastltu- I \ tions, constitutes the true basis of a demo- | era tic form ot government, in which the sov- J < ereign power is lodged In the body of the peo- I , pie. Its influence for good neoeaanrily depend* | upon tbe elevated character and patriotism of I tbe elector, for if exarclsed by peraoas who do not iustly estimate itu value and who are In- ' different as to Its results, It wUl only serve as i a means of placing power in thebaads of the I unprincipled and aanhttioua, aad mnatevontnate in the complete destruction of that liberty I 1 of which it should be the most powerful con- I ' servator. Great danger is therefore to be ap- I < prehended from an untimely extension of the elective franchise to any new claea fa our I country, especially whea the large majority of that eiase, In wielding the power thus placed in thetr hands, cannot be expected correctly j i to comprehend the dattea aad reepoaslbitiee I i which pertain to suffrage. Yesterday, a* it I were, four millions of persons vere held m a I i condition of slavery tbat bad existed lor generations to-day they are freemen, and are at?udik) by law to be citizen*. Itcannot bepremmfd. from their previous condition ot servitude, tbat, as a class, they are as well informed u to tbe natare of oar Government as tbe intelligent foreigner who mak<-? our land tbe borne of bis choice. In tbe case of tbe latter, neither a residence ot live ytar*. and the knowledge of our institutions wbich it gives, nor attachment to tbe priaciples of the Constitution, are tbe onljr condition* upon which he can be admitted to citizenship. He must prove, tn addition, a good moral character, and thus give reasonable giound for tbe belief that be will be faithful to tbe obligations wbich he assumes as a citizen of tbe Republic. Where a people? tbe source of all political power?speak, by their suffrages, through the instrumentality of tbe must be carefully guarded against the control of those who are corrupt m principle and enemies of free institutions, \9r It can only become to our political and social system a safe conductor of b?a|tby and popular sentiment when kept tree from demoralizing influences. Controlled, through fraud and usurpation, by the designing, anarchy and dfspotism must inevitably follow. In the bands of tbe patriotic and worthy, our Govemment will be preserved upon the principles of the Constitution inherited from our fathers. It follows, therefore, that in admitting to the ballot-box a new claps of voters not qualified for the exercise of the elective franchise. we weaken our system ot government, instead of adding to its strength and durability. In returning this itill to the Senate, I deeply regret tbat there should be any conflict of opinion between ihe Legislative and Executive Departments of the Government in regard to measures that vitally affect the prosperity and peace of the country. Sincerely desiring to reconcile the States with one ano'ber, and the whole people to the Government of the United States, it baa been my earnest wish to cooperate with Congress in all measures having for their object a proper and complete adjustment of the questions resulting from our late civil war. Harmony between the co-ordinate branches of tbeGovernment, always necessary lor the public welfare, was never more demanded than at the present time, and it will therefore be my constant aim to promote, a? lar as possible, concert of action between them. Tbe differences of opinion tbat have already occurred have rendered me only the more cautious, lest the Executive should encroach upon any of the prerogatives of Congress, or, by exceeding, in any manner, the constitu tional limit of his duties, destroy the equilibrium which should exist l?etween the several co-ordinate Departments, and which is so essential to the harmonious working of the Government. I know it has been urged that the Executive I>epartment is more nicely to enlarge the sphere of Its action than either of the other two branches of tbeGovernment. and especially in tbe exercise of tbe veto power conferred upon it by tbe Constitution. It should be remembered, however, that this power is wholly negative and conservative in its character, and was intended to operate as a check upon unconstitutional, hasty, and improvident legislation, and as a mean* of protection against invasions of tbe just powers of the Executive and Judical Departments. It is remarked by Chancellor Kent that '-to enact Ijiws is a transcendent power: and, if the body tbat possesses it be a lull and equal representation of the people, there is danger of its pressing with destructive weight upon all tbe other parts of the machinery of government. It has, therefore, been thought necessary, by the most skilful and most experienced artiste in tbe science of civil polity, that strong barriers should be erected for the protection and security of tbe other necessary powers of tbe Government. Nothing has been deemed more i lit and expedient for tbe purpose than tbe provision tbat the bead of tbe Executive Department should be so constituted as to secure a ' requisite share of independence, and that be should have a negative npon tbe parsing ol laws: and that the judiciary power, resting on a still more permanent basis, should have the right ol determining upon tbe validity ol laws by tbe standard of the Constitution.' The necessity of some such check in tbe bands of the Executive is shown by relereuce to tbe most eminent writers upou our system of government, who teem to concur in the opinion tbat encroachments are most to be :inprebended from the department in which all legislative powers are vested by tbe Constitution. Mr. Madison, in referring to tbe difficulty of providing some practical securitv for each against the invasion of the others) remaiks that "the Legislative liepartment is everywhere extending tne sphere of its activity. and drawing all power into its impetuous vortex." "The founders of onr republics *** seem never to have recollected the danger irorn legislative usurpations, which, by assembling all power in the same bands must lead to the same tyranny as is threatened by Executive usurpations." "In a representative Republic, where the Executive magistracy is carefully limited, both in the extent and the duration of lis power, and where the legislative power is exercised by an assembly which is inspired by a supposed influence j over the people, with an intrepid confidence in its own strength which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects ol its passions b> means which reason prescribes?it is against tbe enterprising ambition of this department that the people ought to indulge all their jeai ousy ana exhaust all their precautions " "The Legislative Department derives a superiority in eur Governments from other circumstances. Its constitutional powers being at once more extensive and less susceptible ol precise limits, it can with tbe greater facility mask, under complicated and indirect measure*, and eutroacbmeuts wbich i: makes on the co-ordinate department*." "Oh the other side, the executive power being restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still lees uncertain, project* of usurpation by either of these departments would immediately betray and defeat themselves. Nor is this all. A.s these Legislative Department alene has access to the pockets of tbe people, and has in some constitutions full discretion, and in alia prevailing influence over tbe pecuniary rewards of those who fill tbe other departments, a dependence is thus created in the latter which gives still greater lacility to encroachments of the former " Ws have seen that the tendency of republican government* is to an aggrandizement ol the legislative, at tbe expense of the other departments." Mr. Jefferson, in referring to the early constitution of Virginia, objected that by Its provisions all tbe powers of government?legislative, executive, and judicial?resulted to the legislative body, holding that "the concentrating these in the same hands is precisely the definition of despotic government. It will he no alleviation tbat these powers will be exercised by a plurality of hands, and not by a single one. One bundred and seventy-three despets would surely be as oppressive as one." ' As little will it avail ns that they axe chosen by onrselves. An elective despotism was not tbe Government we fought for, but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy as tbat no one could transcend their legal limits without being effectually cheeked and restrained by the ethers. For this reason that Convention which passed the ordinance of government laid its foundation on this basis, the Legislative, Executive, and Judiciary Departments shoud be separate and distinct, so tbat no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. Tbe J udiclary and Executes members were left dependent on the Legislative for their subsistence la etooe, and seme of them for theti continuance in it. If. therefore, the Legislature assumes executive i and judiciary powers, no opposition is likely to be made, nor, if made, can be effectual; because in tbat case they may put their proceedings la to the form of an actor assembly, which will reader them obligatory on Urn other branches They have accordingly, in many decided rights which should have been lea to judiciary controversy; aad the direction of the Executive, during the whole time of their seeaton, to beceming habitual and fhmillar." Mr. J usiioe Story, to hie eomaMutaries on the Constitution, reviews the same subject, aad lays: "The truth is, that the legislative power t the (Teat aad overruling power la every free Government.** "The repreeeatattvee of the p?o?to will wateh with jealousy every sncroachmeat of the executive mmrtetrate, for it trenches upon their owa authority But < who shall watch the eacroachmeat 6f theee representatives themselvssT Will they he an eaioue at the exercieeef power by themselves 1 ashy othersT' tXbere aremaay reeeoae which may be aeeigaed (Or the eagroeslag laflnouee ? el the legislative department, in the 11 ret ptoce, its constitutional powers are mere ex- i u<1 If#* HpKM# of bring k* ft a itbn> prn. ia# limit* than thoee of e>ttie,-of the o'ber departments. The bound* oltfe. e\. 'i'B'hc tutkuriu are easily marker: >ut mi l defined It rMrbfi frw ohjffU, ud th<?- o known. It cannot transcend ibeni wuti<v. r in* hroufki in contact wlta tbeo'be; 1* menu l^aw? may check and re? ra n v< | bound its exercise. Tbe sams remark* j?r'r with still greater fore* to the judiciary rn?> jurisdiction if, or may be. bounded to a t?r objocta or person*: or. bo*?T?r general and unlimited, ita ope rut ions ure necessarily . <>n lined to the biw administration of pnvat? and public justice It cannot p?m*b with >u* law li cannot create oontro ver*i?>* to a -t upon. It can decide only upon right* mid caeee a* they are brought bv otkm b?fcir?- ?; It can do nothing tor itself. ft m?i do . thing tor others. It most obey the laws and II it corruptly administers them, It la subjected *to the power of i in pea* tun en t On tbe other band, the legislative power, except in the few case* of constitutional prohibition, laonlimreo. It ia forever varying means and ita ends It goverua the inaiitutiona. and lawa. am public policy of tbe conntrv It regulates all ita vaat mtereeti. It disposes of all ita property. 1 i ok but at tbe exercise el two or three bran -h*< of ita ordinary powera; it leviee all taxes it niret ta and appropriates ail euppliea it glvea tbe rulea lor tbe deacent. distribution, ana devises of all property held by individual* It controls tbeeourcesand tbere*onrc?wof w?alth. it changee at lu will tbe wbole fabric of the lawa. It moulds at ita pleasure almost all the institutions which five strength, and comfort. and dignity to society. In the next place it ia tbe direct, viaible representative of the will of tbe people in all the changes of timea and nrcnmstancea. It baa tbe pridfr. ?* well aa tbe po?er? of numbers. It ia easilv moved and steadily moved by tbe strong impulse* of pop ular feeling and popular odium, it or* ys without re)nctunce, the wishes and tbe wiii'o: tbe maiority for the time being The path ? public favor lies open by auch obedience and t finds not only support but Impunity, in whatever measures the majority ad vise*.even though 'her transcend the constitution* lim t*. It ba* no motive, therefore, to be jeal cus, or scrupulous in Itsowu uasoi power ana it finds ita ambition stimulated and ita arm strengthened by the countenance and tbe courage of nnrahers. Tbeae views are not alone iboae of men who look with apprehension pon tbe late of republic*: but they are aim freely admitted by some of tbe stronge*-, advocate* for popular rigbts and tbe permanency of republican institutions'' "Each depar men t should have a will of ita own * Lath skould bav? ita own independence *e. tured beyond tbe power of being taken -?way by either or both of the otbere. Hut a* the snme time the relatione of each to tbe o Uer should be so strong tbst tbera sbnrld be a mutual inteieat to auetain and protect each o'her Tbere sbculd not ouly be conaututionai means, but personal motives to reaiat encroachments of one or either of tbe other* Thus, ambition would be made to counteract amoiuon: the desire of power to check power; and tbe pressure of interest to balance an opposing interest.*' -The judiciary ? naturally, ard almost necessarily, as ba* been already said,) tbe weakest department. It can have no meane of Influence by patronage Ita pow era can never be wielded for itself, it ha* no command over tbe purse or tbe sword o! tbe nation. It can neither lay taxes nor a p. propriate money nor command armies, or appoint to office. It is never bronchi into contact with tbe people by constant appeals an.1 solicitations, and private intercourse, whim belong to all the other departments of government. It is seen only in controversies, or in trials and punishments. Its (igid justice and impartiality give it no claims to tavor. bowever thej may to resj?eci. It stands solitary and unsupported, except by that portion of public epinion which ia interested only in the strict administration ef justice. It can rarely secure tbe sympathy or aealoua support either Of tbe executive or tbe legislature. If they are cot (as Is not unfrequently tbe case) jealous of ita prerogatives. tbe constant necessity of scrntinizing tbe acts of each, upon tbe application of any private person,and tbe pamfui duty of pronouncing judgment that the-* acta are a departure lrom tbe law or Cxinstitutian. can bave no tendency to conciliate kindness or nourish Influence. It wouid seem. therefore, tbataome additional guard? would, under sucb circumstances, be necesaarv to protect this department from tu?abe< lute 'ao minion ot tbe others. Yet rarely hav* any such guards been applied: and every attempt to Introduce tbem bas been resisted with a pertinacity which demonstrate* bow slow papular leaders are to introduce checks npon their own power, and bow alow the people are to believe hat tbe judiciarv Is the real bulwark ot their liberties.' "If "ary department ot tbe Government baa undue influence, or absoibmg power, it certainly has not been ither the executive or judiciary." In addition to what ha* been said by the*e distinguished writers, it may also be urged that tbe dominant party in each House may, by tbe expulsion of a sufficient number of members, or by the exclusion from representation of a requisite number of States, reduce tbe minority to less than one-tbird. Congress by these means, might be enabled to pass a law, the objections of the 1'resideni to the contrary notwithstanding, which would render impotent the other two Departments ol tbe Government, and m*ke inoperative the wholesome and restraining power wbich it was intended by tbe trainers ot the Constitution sbould be exerted by tbem. This weuld be a practical concentration of all power in the Congress of tbe United States?this, in the language of the author of tbe Declaration of independence. would be precisely the definition of despotic Government." 1 have preferred to reproduce these teachings of tbe great statesmen and constitutional law vers of tbe early and later days of the Hepublic, rather than to reiy simply upon an expression ot my own opinions. We cannot too often recur to them, especially at a conjuncture like tbe present Their application to our actual condition is so apparent ma: tbey now come to us as a living voice, to be listened to with more attention than at any previous period of our history We have be*D and are yet in the midst ef popular commotion. Ibe paasiona aroused by a great civil war are atill dominant. It lanota time favorable to that calm and deliberate judgment wbicb i? the only safe guide when radical changes in our lnatitutione are to be made. The measure now before me ia one of those changes It initiates an untried experiment, for a people who have said, with one voice, thai it is not for their good. Tbia alone should maae us pause: but it is not all. Tbe expertment has not been tried, or eo much as demanded by tbe people of tbe several States lor themselves. In but few of tbe States bas sack an innovation been allowed as giving the ballot to the colored population without any other qualification than a residence of one year, and m most of them tbe denial of tbe ballot to this race is absolute, and by fundamental law placed beyond the demaia of ordinary legislation. In most of those States tbe evil m sucb suffrage would be partial; bat, small as it would be. it is guarded by constitutional barriers. Here the innovation assumes formidable proportions, which may easily grow to such an extent as to make tbe white population a subordinate element in the body politic. After tall deliberation upon this measure, I cannot bring myself to approve it, evea upon local considerations, nor yet as tbe beginning ol an experiment on a larger scale. 1 yield to no one in attachment to that rule of general suffrage which distinguishes our policy as a nation. But there is a limit, wisely e beer red hitherto, which makes the ballot a privilege and a trust, and which requires of some classes a time suitable for probation and preparation. Te give it indiscriminately to a new class, wholly unprepared, by previous habita and opportunities, to perform the trust which it demands, is to degrade it, and finally to destroy us power; for it may be safeiv aasumed tbat no political truth is better established tbaa that sucb iadiecrtmieiie and all-embracing extension of popular suffrage must end at last in its destruction. Avdrkw Jounhom. Wapbi5otok, January y 1*67. Vm?N EUROPE. Bbblib. Jan 6?Tbe Prince of Augnetenbnrg haa given in his allegiance to tke king of Prussia The Prince and his family will retire to (Geneva, where he will reside, receiving a subsidy of one hundred thousand thaler* per annum for the support of his appanage Pania, Jan. La Patne aava tbat the Governments of England and France hnve agreed npon a joint note to be forwarded to the Porte. in which the Ottoman Empire ia counseled tbat the conree of tbe Pome should ha ao shape* in ita dealings with the Grecians and in tae Eastern complications aa to conserve the peace of Europe. The note agrsed npoa plainly intimates that the quiet of the continent will materially rest upon the action of the Porte in these important questions Bomb, Jan. ?Signor Fonell., the Italian Envoy, after repeated interview* with tho Papal Cabinet, haa finally oome to n verbal agreement npon religions matters in eonaeeion with the new Italian rsyais. Chbiftxas Wbathbb.?Some one hsais id the following old adage:? When Chrtotmnsie white ye graveyard to lean; But tet te ye graveyard wfceo Christmas * ?reea. , Waxen as in TaocBia - About twenty wreckers living on Bowsse lalandbav* been arrested on (he charge of piantfariag the steamship Sheridan of goods to the valoe of onehnntfred thousand dollnrs Oil ib Lovisiaba.?The Hew Orleans Picarwha In Catenates** ud *>aiag tug. They ere under the an^eswnv^^T era brought from Pennsylvania. STA man in Boston wna choked to death be k piece of meat while at dinner * ey~The Pittsburg iron men have nrrane^d for n tariff prase* re. M