Newspaper of The New York Herald, August 5, 1846, Page 1

Newspaper of The New York Herald dated August 5, 1846 Page 1
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THJ Vol. XII, No. 2(10?Whale Wo. 4440. VETO MESSAGE ov PRESIDDEWT FOXiK OF THE Bill Making Appropriations for the Improvement of the Rivers and Harbors. To 'h' fToutt ?f Rrpr*i?ntnt Bit' ? I h?v? eon?U>*'*H bill " An act miking mrourititioiis for tha improvement of ce tn.n hai'>or< and river*" with the car" which it* Importance demands, and now rttuin the tume to the Homo of Representatives in which it orii? nated, with my objection* to it* becoming a law Tho bill propose* to 8;>piopriite one million three hundred and saventy eight thousand four hundred and fifty dollars to he applied to mora than forty i distinct and sepira'e objects of improvement ? On examining it* provisions. and the variety of object* ol improvement which it embrace*, many of them of a local character, it i< difficult to conceive, if It i hall be sanctioned and become a law, wnat practical 1 constitution .! restumt can hereafter b# impo*ed upon the : most ex'euiied system of i> ternal improvements by the federal government iu all parti ol the L'nion. The constitution ha* not, in mj judgement, conferred upon the federal government the p?war to construct work* of internal improvement wiilun the State*, or to appropriate money from the treasury for that purpose. That thi* bill assumes for the federal government the right tn <>x erciiethi* power, canaot, I think, be doubted The approved cour-ti of the government, and the deliberutcly expieiteil judgement of the people, have denied the exigence efauiili a power under the constitu'ion Several of uy prececeuors have denied it. existence in the tno*t *olemn forms. The general proposition that the federal government doe* not potae* thin power is so well settled, and ha* lor a considerable period been so generally acquiesced in, that it is not deemed necesiary o reiterate the arguments by w hich it i* saitsined. Nor do I deem it necessary, alter the full aud elaborate discussion* which have taken place before the country on thi* subject, to do more than sta'e the general coa-iderations winch ave satisfied me of the unconstitutionally and inexpediency of the exerciso of sucbm power. , It i* not questioned that the federal government is one of liini^ed po -vera Its powers are such, aud such only ? are expressly granted in the constitution, or are propeily incident to the expressly granted powers, and ne the improvement of wuim tppiopiiuiion* mo now tui Ute flut lime |>.ujjuicii It will be lountl, uno, mat the bill contain* appiopiiaiion* lor ilveia u,.ou uQuli tueie not out) emau no loreigu cotnuieica. cut upon thaia lias not beau eblanuahcU even it impel puitol entry, alio 101 tha nsoutha ol ciecKt, oenonuuateu ueruuir, wuicU it" iwpioveu can benefit only ttie pmiicuiui neigh boihootl iu which tney me situated it w ill be lomul, too, to contain apprbpnauous, tiie vxpeuUituie ol whicii will only ha>e tna eilect ol iniproviuy one place at the expviue of the local, natural aovatitagea ol another in it* vicinity. Sihoulu this hill become u law, the >?m? pi idCiple w hi-h authorizes the appropriations which it pio1<oh?? to make, wouid also authorize similar appropuauotu lor tne improvement ol all tne oinei hay a, luleis, anucitckn, which may, with equal p.opuety be called haibois, ati(l ol ail tha nveis, ini,.v,um or uuiuipoiiaiit, in eveiy pait ot tne Union To sencuou too Lul mm tuch piovi.-ious, w ounl be toconcoue tne puncipie thai the Initial gove. bin* lit poaaeaaes thu power to *xpeoJ the public mono) in a genet al system 01 internal Improvements, linn.ed m IU taienl only by me avaiTuiy lug unciauon ol successive Uongicases au.l auccealive > *-cu,lvw. It would be to ellace una leuiove mn luu'ta>ion H.i.i restrictions ol power, which ihe constitution h ? wr Italy piot n:eu to limn tno authority ana uc tlou oi thu oovei nir,c..t to a lew w en-ucriied mm speonrU objects. bc-aicea inc:C objections, tne pract.i.jl aviu which mint UuW liom ihe ekaiciM, on tna pait ol tha radaiai liovei uinout, ol lu? poweia aateneil iu Uii? hiii, luipitssmy u.iuuwith a kkii iiumi ui my duty to avail tnem troui me couuiry , a> Ui <u u?y constitutional action may eriahie nie lodo ao. It not only learnt to a consolidation ! power in the federal government at the expanse ol llie righiiul author! ce>?ary to their execution, id determining whether t given poveei bus lieon grsuted a sound rulo ofconstruation has 'teen laid down by Mr. Madnon. That rule is, that " whenever a question arises concerning a parti cular power,tbe first question is w hetiier the power be expressed in the eoaatitutiou If it be.tue question is dori.ied. If it be not expressed, the next inquiry muit be, whether it is properly an incident to an expressed power, and necessary to it* execution. If it bo, it may be exercised by Congrats. If it be not, Congress cannot exercise it." it is not pretended that there is any express grant in the conntitutiun conferring on Congress the power in question Is it then an incidental power, nec?u>ary an ) proper lor the execution ol any of tho granted powers ? Ail the granted powers, it is confidently affirmed, may he effectually executed without the aid of such an incident "A jiower to be incidental must not be exercised lor ends which mako it a principal, or substantive power independent of the principal power to which it is an inci ent " It is not enough that it may he regirded by t ongics as convenient, or that its exercise would hdvance to the public weal. It must bo necessary and proper to tho execution uf the principal expressed power to which it isau moment.and without which such principal power cannot be carried into effect. The whole frame of the ledeial constitution proves that the government whioh it croates was inten.ied to be one of limited and (pecilied powers. A construction of the constitution so broad as that by which the power in question is defended, imperceptibly to a consolidation of power in a government inteuned by its framers to ba thus limited io its authority. "'I he obvious tendency and inevitable result of a consolidation of the States into one sovereign ty would be to translorm the lepublican system of the United States into a monarchy " To guarj agains* the as.-umption of all powers which encroach upon toe re sci ved sovereignty of the Status, And which consequently tend to consolidation, is the duly of all tlie true litems ol our political system That the power in question is not pioperlf an incident to any ol t e granted powers. I tun lull} satlsh-.d, but if thcru weie doubts on this subject, experience linn dcmonstiaied the wisdom of the rule that all the functionaries ot the federal government abxiild abs ain from the exercise of all questionable or flouutlul po?? err. 11 an enlaigemont ol tl,e powers ot the is safer and wiser to appeal to the states and the people in toe mode preaciibed liy the constitution for the grant desired than to asm i.e its exercise without an ameuumeiit ol the Constitution. II < ougre** does not posses the general po*?i to construct ?oiks ot internal improvement with in the statt s or to sporopnat* money Horn the tieiiiury for that purpose, what is there to exempt, at least, < of tu? objectaof appropriation included in this bill trom the opoiaiion ol tlie general rule I 1 Ins bill assumes the existence of tlie power, and m some of its provisions &storu the principl , lliat Congress may exercise it as fully as though the appropriations wtiich it proposes were applicable to the CoUstiuctiou of rouds'and canals If iheie be a distinction in piinciplc, it is not porceived, und should be cle.iTly defined Some ol the oujecta ol ppiopriatioa contained in this bill are local in tneir cniiact*r, and lie within tlie limits of a single State;and though, iu the language ot the billf they are called harbors, ihey ara not connected with foreign commerce, nor are tney places ot tefuge or shelter for our i avy, or coiuQDMCixl marine on the ocean or lake shores. To call Uiu mouth of a cieek. or shallow inlet on our coast, a hart or cannot comet the authority to expend the pub lie mor.oy in us improvement. Congress have evercisrd ihe power coeval with the constitution ol establishing light-houses, beacons, buoys and piers on our ocean a d lake shoief, for the puipose ol rendering navigation safe and easy, and ol altoroing protection uud shelter for our navy and other shipping i hoe ate safeguards placed in ilie existing channels ol Dav gation .Alter ihe ioug acquiescence of the govern meat through all piecodiug aominisiiations, 1 am not disnosed to uuestioii er disliiib the autuority to make an prupiiatious fur urh purposes. V> lieu ? e nuvoiiue a step beyond this point, in addi'ion to Cue establishment and siippon, by appropriations fioin the Teasur) , ol light iiuu?u>. beacona, nuoys, piers, ana otner ltnpiovemnnis within tike buy?, inlets ami harboi* on our occaii ana lake coaxts inimcdiaUly connected Willi our liu e ign commerce, ami attempt 10 make nnpiovemenls in Hie interior at |>omt. unconnected wiiii tori l^ii commerce, ami where lire> are not needed foi the protection ami security ot our navy and commercial Marine, the dilttcuity aiisei ia diawTbg a line beyond which apprupuauuus may not be made by the feueial government Una ot my predecessors, who uw the eril consequences ol tuo system proposed to be revired by trim l/iii, attempted to define this line l>) doclaiing that, ' ? peudittiiea 01 tiritt ciiaracioi " shuul 1 ha " confined below tne porta ol enuj or neliverv established by law !" Act ing on tliis restriction, ha withheld lua sanction from a lull wuick hud |?s*ked Cougre&s " 10 improve ihe navigation ni iliu Wabash liver" Ileum at the same time ' s?n>.?le that this rustiiction u us not as satitiaciory as Could bo uesiied, aud that much embarrassment iiuy lie caused to the executive depai iiiieut in it* execution, bj appi epilations lor i emote and but well understood olivets." 'iin* letlriciion. it wai soon louud, svas subject la be evaded, and len.eied comparatively u>eie? in checking ilie kjktem ol improvements winch it wu designed to ariekt, in consequence ot thu facility wiui whicn poita of eutiy and delivery may be t?tabiistied by law upou ihe upper waters, and in some instances, almost at the head spungs 01 aonitt ol tne must unimportant ol our riveis, and at points on our | o?c>mi.g no commercial importance, and not u?ed as places oi reluge and aaiety by our navy, aud oilier snipping. iV.any of liia ports uf en try and delivery now auiuurued by law, solar as loreigu comuieice is concerned, tii>t oul> iu tne statute books jNo antr) ol lereign goods is aver made, and no duties arc ever collected at tiieni. Nuexpoits ot American prouuets bound lor loieign countries, ever c.uar tioui theui. lo assume mat lueir existence in luo statute book as poits oi en try or deliver) waiieiuexpnuithresuuine ? aters leading to tncni, wlucli would be ouier * ise unuuihoiiitd, woulu be to a* sell lua piopok.tiou, tiiat rue law-making powei luu) e.igmliuew piovisious on the Cons ituuou. H ine le.tiicuoiioe a ? one, u can only apply to the bays, inlet*, and rivets connected Witu or leaumg to sucn poiu> as acluali) have luieign commerce j porta at which importation* in bulk, paying tue duties cnaiged b) law, aud from which expoils are made to lo reigu countries. it u ill be louud by applying tne lestiic* tion thus uimcistood, to the bill under coiisidciation, that it contains arpiupiidtions loi uioie than twenty objecUol Intel ual inipiot euitnt, culled in tlie bill Liar ho is, al places wbleu hate never been d< elated by law wither pons ol ent>y or ueliteiy, and at wliun, as appeals irom tuo reOuida oi the tieakiry, Uieie li is iutei been an aruvalol foieigu nieiciiandisv, and Ironi wUkIi tun a ha? uevei been a ves?al cleaied lor a luie>gu couutry. It will be found 111 an v ul t lie mi w oi ks al e no * . ulid at tnaces lor E NE' NEV ty of the 3tute?. but i ? inevitable tendency ii, to em! I bract* object* for tho expenditure ol the public money, ; which Hie local in their character, bene fining, but few at tho expense of the common treaaury of the whole. It j will engon ler sectional feelings and prejudices calcula- i tod to iliaturb the haimunv of the t'niou l? u. ill destroy the harmony which should prevail in our legislative counsels. It Mill produce combination*of local and aectional inteics's, strong enough, when united, to carry proi>o?itioD? for appropriation* o' public mooev which coulii not ol themselv?.?, ami >!hii i 1 t^r alone succeed. and cannot fail to le nd to wasteful and e.\truvagaut expeuditute* It must pmdu.e a disreputable scramble lor the public monej , by the rouHict which I* insepaiable fiom such a ayretn, between local und individual inieio?ts and tne genorul interest of the whole It ! unjust to those Slates which liave ?ih their own means constructed [ their own intern >1 improvements, to mako from the corn won treanury appropriations for similar iinprovo'neDts iu other Stales. In lis operation it will be oppressive and unjust towards States, whose representatives and people either ('eny or doubt the existence of the pow cr, or thmlc it* exercise inexpedient, and who, w hile they equally contribute to the treasury, cannot coiisis.eutly with their opinions, eugagu in tho general competition form shire of the publ.c money. 1 hu? a largo portion of the 1 Union, in numbers and in geographical eMent,contribu- . ting it* equal proportion ol ta^es to the support of the i government, would, under the operation ol *uch a I torn, be compelled to ?eo the national treasure ? the common stock ol II?unequally disbursed, and often impro- ! I vi tenth wasted lor the advantage of small sections, iu ; stead of being applied to the great national purpose* in ! which all have a coirmon iuteieit, and lor which alona I the pu?cr to collect the revenue was given, ahoull the system of internal improvement* proposed pi trail, all theae evil* will multiply and increate with the Increase ef the nuni- I her of the States, and thn extension of the geographical limit* of tho settled portions of our country. With the 1 increase of our numbers and the extention of our setf tlemi-nt-i, the local objects demanding appiopriationi o the public money for their impiovement will be propor" tionitely increased. In qach case the expenditure of ' 1 the public money would confor benefits, direct or indi- < rect. only on a sectiou, white these sections would be- i come dailv leu ia companion iththe whole. The wisdom of the (ranters, of the constitution in , ' withholding power over such objects from the federal < government, and leaving them to the local government* ' i of the States, become* more and more manifest with every year'* experience of the operations of our *ystem. < In a country of limited extent, with but few such ob < iftcis nt ovikon.lit uiv? (it th? form of irovernmAnt narmit I teili t). a common treasury might ho me.1 for their im- I provement with much lets inequality anii injustice than < in one of the vud extent which ours now preienu in po- < nut. lion an 1 territory. The treasure ef the world would | hardly he equal to the improvement of every bay, inlet, creali, and river in our country which might be sup- 1 posed to promote the agricultural, manufacturing, or 1 commercial interests of a neighborhood. 1 The federal constitution was wisely adapted in its 1 provisions to any expansion of our limits and population ; and with the advance of the confederacy of the States in the career of uational greatness, it becomes the more apparent that the harmony of the Union, and the 1 1 equal justice to which all its part* are entitled, require that the federal government should confine it* action within tho limits prescribed by the constitution to its power and au:hortty. Home of the provisions of this bill are not subject <o tho obiections stated, and did they sUnd alone I should not feel it to be my duty to withhold m> approval. If no constitutional objections existed to the bill, there a>e others of u serious nature whi^h deserve some consideration It appropriates belweuii one and two millions of doll.irs for objects which are of no pressing necessity ; an 1 thi - is piopuaed at a time when t tie country is engaged in a foteigu war. and ? hen Congress at its present session has authorised a loan or the issue of treasury notes to defray the expenses of the war, to he resorted to if I the "exigencies of the government 'hall require it" It ..i.i i.? ,i... _r i..... i__ 1, circumstances, to husband our raeaai, and not to wasto them on comparatively unimportant object*, *o that we may reduce the loan or ifiue of treasury note* which may Income nece**ary to the imallest practicable *um. It would seem to be wiae too, to abstain from such expenditure* wiih a view to avoid the accumulation of a large public debt, the existence of which would be opposed to the interest* of our people, at well a* to the genius of our free institutions. Should this bill become a Uw, the principle which it establishes will inevitably lead to large an>l annually increasing appropriations and drains upon the treasury; for iti* not to be duubted that ntimorous other localtiea not embraced in its provisions, but quite a* much entitli d o <h? favor of the government as thus# which aie e nbiaced, will demand, turungh their repiesentaiives in : Congress, to bo placed on an equal footing with them ? With such an increase of expenditure muit necessarily | follow t-i'.her an i.icrea-ed public debt, or increaied burden* upon the people by taxation, to supply the treasury w.tti the means of meeting tho accumulated demanus up< n it. v\ iih profound respect for the op:n;ons of Congren, a it .1 ever anx on, as far us I can conai Wntly with my responsibility to our common constituents, to co-operate with them in the rii-charge o| our ie?pective duties, it ia with unfeigned regret that I find my sell constrained, for the renins which I have assigned, to withhold my apptoval from this bill. JAMES K. 1'uLK. WasUifctou, Aagu*t 3d, 1846. Thk DitKADFtn, Mukdkk in CmcimtATi?We tAk? Iroin tlu Cincinnati Chronicle the detailsot the dreadful murder of Jehn Reeve, the Iriih comedian a good natured and wholo-touled Irishman, who ha? so often amused us in soma of hia low characters. Mr. Cook, who hah been acting a* Treasurer of the People's Theatre for a few days, and who is the huaband of Mrs Took, somewhat celebrated as a dsn?euse, killed John lieeve about 9 o'clock Inst evening, by stabbing him through the heart with a dirk or dirk knife, while they ware both behind th? scenes. It seems that Mr lieeve was prompter at the theatre, and upon the con elusion of the first piece remarked to Mrs. Cook, as she whs passing the stage, that she was " imperfect," and added, " W hy the ' Divil' doa't you study your part f" in his usual jocular way ; to which sh? replied**' you had belter not intuit me any more, lor if you Ho, I'll slap jourface" "Ate you in earnest said Jack, and she passed on. lu the mesn time, she made complaint to her husband, who left lha ticket office, and going u|>on the Mage by the back door, went into Morris's room, where Morris was h ing upon the sofa, and walking up to him Morris asked him what he wanted ? Cook replied that he came in to let him know what the receipt* of the house were. ike. Cook then remarked. " vou had better tell that prompter of youn to keep his mouth shut, or he'll go out here some night wilh hi* guts out." Morris mule no reply, thinking it hut a momentary ebullition ; and Cook, went forward on the st*ge, where meeting Reeve near the prompter's stand, he Mid to him, " you have been iusu.ting my wife again." ' Dont bother me," said Heeve, " I am busy now to which Cook replied, "I'll learn you," luid instantly stabbed him to the heart. Iteeve ma>le a few step* towards the door of Mrs. Lewis's dressing room, exclaiming "for Ood's sake let me in, I am statibed ; I am murdered," then falling backwards, whs caught by that lady, who supported him until (he fainted Reeve lingered a few minutes, the blood gushing from his ho?om when he expired Meanwhile, Cook walked deliberately out the back door of the stage, crying die, Are, and went into the ticket office, wheie Mr. Smith was counting the money. Smith seeing him excited, asked " where's the fir* V " In the hack building," said Coik, Smith snatched up the paper money and ran out ; Cook then |?ckcted the silver money, locked the door after him as he was going out, and fled. Aisoon as the officers could be rallied, they went in search of Cook, and proceeded to the house of Mra. Carnahan, in the upper part of the city, where t;ook fcoirded, and who it the mother of Mrs. Cook. Upon ennuiring there thev could learn nothing of him, and alter searching the house they found the shirt he had just pulled otf, under the hydrant and the water running,but aotiiing of him. The scene upon the stage was awfully tragic. The dying man was weltering in his gore?Mr*. Lewis, Mrs Smith, Mrs Kotter and Miss Bertna Lewis, all fainting und shrieking; while the gentlemen on the stage, without a single exception, were in tears, and it may with truth l>e said that it was the most effective tragedy ever acted on any stage. The funeral ol the murdered man took place from the Garden ) estenlay afternoon, and we learn that Messrs Mortis k smiih h?ve earned an immediate pnrauit to be m?de in various directions It la hoped that a reward will be offered for the apprehension ol the fugitive since writing the above, we learn that the sheriff has offered a tew-trd of SI'O for the apprehension of the murderer anil the memlien of the two companies mt- \ inched to the People's and National Theatres, are upon i the point ot adding another hundred to the turn already mentioned. Hta'e elections were held on Monday, Aug. 3d, in Alabama. Kentucky, Indiana. Illinois, and Missouri, and will lake place in North Carolina ami Tennessee, on Thursday, Aug <Jth The remaining eleetiona thia year will he held as stated below: ? In Vermont, on Tuesday, September 1st Maine, Monday, ' 14th. Georgia, October 6th. Aikan?ai, " Maryland, Wednesday " 7th. H Carolina, Monday, " Jith. Penus) Irani*, Tuesday, Uth Ohio, " " ? Mississippi, " November, 3d. Michigan. " " < New i ork, " " 8d. New Jeisey, " " " Ma*iachuietti, Monday, " Oth. Delaware, Tue?d?y " 10th. A Yeonn Cain ?A little ho) in Abbeville, 8 C.I few day* linre. the ion or a widow Kife, about iix or aeven yeari of age. killed hi* brother, aged about three i month*, wliiUt their mother wai abiem on an errand to a neighbor. We learn Irom ihe hunntr that "upon returning, the child wai milling, and after eearrhing a while lor it, wai found laid away among lome buihei near the yard, with iti head gaihed iu two or three plac?-i The hoy, when interrogated upon thelobject, replied that the child lied fallen out of the dour, anil in going out of tne Jvor himtell, he accidently let an axe lal U|K>ri it that Ue ?m holuing in hia haim. Although there iino j otitivo evidence to prove hiin guilty ol intentionel murder, j et the jury of in<|tieit wero unammoui In the opinion that lucli weie hn ititeDiiona." Cmidl nan.-By the Naumkeag, at thia port from Rio Oiande, we learn that Henry Uevme, Kiq., acting U 8. (omul, died that* in the latter part ef May. We bjliava ha waa froaa Hollidayiborg, Pa no , and about Wty yeari old.-$mUm JUgUUr. vv ro V YORK. WEDNESDAY A9DZTZONA& BZTSAOTS FROM THE FOREIGN PAPERS, RECEIVED AT THE NEW YORK HKKALD OFFICE. THE OREGON AND MEXICAN QUESTION IN ENGLAND. AMERICAN AFFAIRS IN EUROPE. jf? [From the London Timet, July 14 ] The honor of ratifying the lecent treaty lor the fettlement of thu Oiegou tiwuridarnu, now ilevoivea upon the Milliliter who denounced in no measured term*, the lutt cupiiuiauon eniereu imo who me umn biiui; una we have no doubt that Lord I'almerston and the now admiiiistiation will at once subscribe to tha terms which I tie American government has acceded to upon the propo?al made by Lord Aberdeen. It ii needlaaa to enquire what inception this treaty might have met with from the morn active members ol the late oppoiitlao at a lass for tunate moment, or with what degree of caeder Lord Aehburton's treat) u ai stigmatized as a ditgiaca to the late government, whilst tlie p. stent convention it aocapted, with the strongest aaiks of satialaction,by 1U succoa ors; lor we cuunot regard the arrangement trjr which this dispute has beau terminated aa mora fay Jaanle to the rights ol tlie British crswi tlian the tema ualaai which the nonheestera boaadary quaetion was aattlJ te Utt Bat a is tartanate, for the trua croait ol tammk atalaa men and the moat solid interests at this coirtry tod af the United Mtataa, that no tactioua ap<rit, or It/ltoi political contention, can interfara, in this instance, to impugn tbo wisdom and propriety of a compromise so aaceaaary to the general peace of tne world. 1 ha tiaaty just signed by Mr. I'akenham, and brought over by Oaneial Armstrong, after it had received the ratification of threelouuhs ol ilia Senate of the bnited States, arrives andar circumstances which prohibit and disarm that ipeeiaa of criticism which originates in party motives. Each party in the Mate, and each of the leading statesmen who have been or now aie engaged in the conduct of our alfaira, lias un equal iuterest in ?6CUiiuk the Iruits of tliH pacific terminatiou of an au kvt aid ana threatening question; am tlthough Lord ADerdeen lias bequeathed to Lord Paimer iton, ou many points, the benefits of that temperate and iignitied system ol loieign policy which has been follow 3d by this governmeut lor the last five years, yet :heie is uo part of this reversion more deservedly prized by the successors of the late Cabinet tuan the amicable arrangenient of our controversy with the United Mates. That one Tact makes an incalculable . itference in the prosjiects of Lord John Kussell anu his colleagues The nation looks forward with lar greater confidence to the long continuance of peace; and the Oregon question, wuich has never excited a strong interest in this country, except for the consequences it might have had on our relatious with America, will socn be as much lorgotten by tlie public as Mr. Pitt's quarrel with Spain in 17OA tl,. .uka?..Un Mnnil,a si/kn ?1 UinA. ! Ko put up with it a* we (>e?t can?that ia to *ay, keep it within bounds, and at much out af night a? ponible.? Fortunately, it aeldom make* a comiJerable item in the expenditure of any State. 1 hi* ii (atialactory in a moral point of view; and in a pecuniary one it may *erve to reconcile u* to that laxity in matter* of account which mult need* be looked for in the adminUtration of uch a fund. The ordinary practice i* to place the dl*po?al of money *o devoted at the di*cre<ion ef tonw functionary high enough In public confidence to he above auipiclon of it* abu?e. Accordingly, in the United State*, it I* committed by law to the excloaive control of the Preeident Down to tha period of Jefleraon'i edminittraifon, it* management wae deputed to the Secretary of State. It then pea*ed into the hand* of confidential agent*, who di*bui*ed under order*, and rendered account* periodically. On Mr. Tyler'* elevation to the Presidency, he thought lit to place a portion of the *er ret (orvicetuud under tne peraonal control of Mr. Webiter, a* Secretaiy of Mute ; end Mr. Ingenoil. in ignorance ot previou* arrangement*, conceiving thi* to be a depenure from what wa* uauai. and perhep* from what waa legal, afterward* made it, in connexion with tome trilling difficulty in procuring voucher* for ail Mr. Webeter had di*bur*ed, tha foundation of a triple chaige again*! that gentleman ef appropriating public money To Ma owa see, came evident that no party w aria re would distort or exaggerate the merit* of the question, the Oregon teriitory sank in public estimation to the (lender importance which really belong* to to remote and uniuvitiug a portion of the globe; and there haa been very little diipoii lion to contend for the lull amount ot abstract right, which we might have uiged; since we were persuaded thai what we ubandoued was net worth a moment's regret, and that what we retained was no gieat cauie ol exultation or pride The time it r-pidly ayp* caching when the touthe in settlements of the HudHny Company in the Oregon territoi y wilt rseie to he of any value at hunting grounds, from the rapid txlinction of the animate which ait purtued fur thexr Ju>i. 'l'ho Hudson's Bay Company haa always been a great trading establishment, whoso agents are diitnbuied over tue wildest parti of British .North America, for the particular purposes of this trade, But they hare never attempted to promote emigration, colonization, or the agricultural occupation of the soil, upon large acale ? Their lorti and station* have been auaj ted to a different and more limited object. We have alway* maintained tuat, under the treaty of the ?*curial, ana the aubsequent conventions with the United State*, those fort* ana stations might be lawfully planted by British subject* in any pan of the Oregon country, ana they thereupon became, to all intent* and purpose*, Britiih. But, at the same time, there ia nothing to prevent a sale or transfer of soineof these stations, south ol a particular latitude, ta tne United State*, lor their just value , and probably *uch a bargain may be equally con veuieot to the vendor and the purchaier. This idea was thrown out iu our own column* several month* ago, auu long lie fore the term* to be Un-jlly proposed by hngland couid have been finally adopted ny the government;ami we aie happy to Hud luat tbepiinciple oi indemnity has been so reauily admitted at Waihuigton, for th 11* the uewest featuie in the definitive arrangement. In other respect*, the same term* had been re|<taieuly under discussion It hat been erronceusiy os?ri ted by tome oj the Jtmerican popert, and by one ?f our conitmpororiet in Mis count* y. ihat the right of the navigation of the Columbia, contedtd to us, is temporary, and limited to the duration oj the Hudton't hay Company'? charter Thu itaiement it unfounded : the navigation of the Columbia it tecuied to the lludton't Vay Company in perpetuity : and the exmtence of that company under the charter 0/ Chattel II it iltelf untimitad. 1 heie is no one, we are confident, either in this kingdom or in America, who will ventuie to compare tne eal amount of the aacriflce* made on cither side with the result which has been obtained. Thiougliout the United State*, where the question had been popularized by every ipecie* of inlorinauon and agitation upon the ubject, the uewa ol the termination of the dicpute has been received with enthusiasm. The amount 01 interest which it had exeited was such that we lead ul "f orty nine demociats," and "Kilt)-tour turtle*"' a* common party dutincUon* prevailing in the community, a* much as tlioeo < Protectionist* and freetraders at home Yet, in apite of tbi* lever, we tind that all the popular leaders who bad been driving the ceuntry iuto war with tng land, wei e suddenly abandoned by the force* they had enoearored to rouse uud to excite, uen. Cass, crest fallen and ridiculous, acaicelv dared to show himself in th* senate. Mr. Allen resigns the office ul President ol the Committee on Koirign Affairs. .\jr. Polk hunsaif i* comp lie J to consume his own bluster, and to acquietce id a treaty which convict* him el arrant and prejiosierous exaggeration, I rum the moment wlien his inauguration -peecii w an delivered te the date ol the last despatch written by hi* Secretary of Stale. Upon the whole, herefore, the agitation got up by the war party baa not been beneficial 10 their proipect*. Tbo American whigs may be in a minority, and their candidate tor the Pieriueucy may have been beaten, but their policy ha* prevailed, for it wu responded to by the good sense of the community. A report ef tue Secretary of the Treasury ha* at length been communicated to Congress which ' i*clo-ei to ttie American people the co*t ol their late military end naval preparation*, andol the army which i* now on it* way to the Mexican frontier. We have long been anticipating with aome impatience the appearance ol thia document, and although it naturally exhibit* the whole matter in the moat favorable light, the real preaiure of a war expenditure, however ilight, cannot but exerciee a salutary (fleet upon the present diapoiition ot the American people. A war like that with Mexico will leave the ma ritime commerce of the lTnion untouched; and thia circumstance enable* Mr. Polk to rely for increaaed revenue on that source from which it may be most reaoil> collected?the import dutie*. By a judicious reduction of certain duties whicn now impair ttie revjnue by theii prohibitive effect, and by the impoaition of moderate duuea on some loreign article* of general consumption, *uch as tea and coflee, it i* expected that a conndeiable additional revenue may be raised, without rendering the tariff more protective, and without having recourse to excise dutie* and to direct taxation. But even theae new duties will aot be very favorably received by the American people. The exceaa of estimated expenditure in the army and navy department* over the peace estimate* oflait year i* already nearly $24,000,u0u, leaving a de ticiency a* yet unprovided for ol about $19,flJU,?o3. Allowing, therefore, for the mciease of the ordinary revenue, and lor an i&crease qt taxation to an amount of fft,000,<J06, and foi all the other aource* of additional revenue to wlilch a Secretary of the Treeaury can advert at a mor_ent ol pressure, the very lowest sum which remain* to be provided fori* $l9,Mff4lM> , and as no loan can be attempted in any foreign country,the greater i?it ol thi* sum i* to be raited by Treasury note* bearing not mora than *ix par cent, interest, tnd not negotiabU hrtow Ihr pmr talue. If the Mexican war be not speedil) terminated, thi* is only the commencement of tue bur den* it will imi>o*e on the American people, without any hope of reimburtement from the impoverished treasury of Mexico ; and the mode in which iti* propoied to meet thi* pressure ia a significant indication of the extent 01 Mr. Polk'* financial capacity and reaource*. Ifrrom the London Globe, July 7.] We do not know whether we are to attribute it to the peculiar influence of democracy, orte lack ol experience in .State attain, that the ott renewed American govain ment now and then doe* things which no other government in the world would do. We believe it i* generally understood that theie are certain part* of the machinery of all modern government* which will not work without the aid of what is called " secret aervke money." In other worda. lliere is work to be done, and to be paid for which?If we may trust to the united opinions of all? who are or have been concerned in State affairs-cannot

he dispensed wiih, and yet ought not to be talked about It indicates an infirmity which, however shameful, attaches itself as much to free and enlightened republics as to the most despotic and benighted monarchies, lu ths nrtianl rsirillv slat* of ths worlil mim hnvn nnlv to RK I MORNING, AUGUST 5. 1 of using tuck money to corrupt the press, and of being a i < pecuniary defaulter when ho retired from office. A select committee of the House of Representatives being July appointed to investigate the matter, now pub- | liah their report, certifying to the American public and . to the werld, that they have examined Mr Tylor and ' : othera, and all the accounts ; ami. having waded through ' all procurable evidence, and taken note of all discov- " ereble diaorepencei, they are of opinion that " there ii ' no proof in relation to any of the charges to impeach Mr . Webster'* integrity, or the puiity of hit motives in the ' discharge of the duties of hii office and that, at ref;arde the accounts, they cannot ascertain with any thing * ike precision wl.ether Mr. Webster, when be went out ? of office, owed the government forty dollar*, or the government yet owes him five hundred, on account ol thu same secret service fund ! " The repwt is not framed without some regard to the ! nature of the materials upon which its conclusion* are J* founded; for the committee decline stating the particu- * hue of the " vary delicate condition"in which 1'resident . Trier found affair* in the Mate of Malue, and elsewhere, when it was deemed expedient that Mr Webster should " take spaa htaself the direct application of a portion of J! the mysterioua fund; and they recommend that the paper* they |*f* had before them be sealed up, marked " confidential,* and not to be opened except by order ot 1 the House. ? Would it nftf hare been wiser to hare forborne thi* In- .. veatigation ^together I Independently of the obviou* pie -nety ofletving the administration of such a fund *n- F tirely in the hands of the executive, it it not, rarely, poealhie, tMt efctrges such a* those advanced in thi* in- k tiaani namU (mnsi Inrlnr the natvre of the oridence to .. b? addaead)Vjfso substantiated aato effect the character *' of Mr. WtMt, or, indeed, of any man ho Wing the |*>si- ' ties of Saeratafy of State in the government of the United ?, States. The confidence of the majority of a great people . i? not, and ought not, to be affected by discrepancies in account* of the administration of a fund which, (however ,, odious the necessity for iO to be of any Ui>e, must be applied without the cneck of puhlMto; and which, for that very reason, ia entrusted to MM ia presupposed to be above auspicion of ita abuae. sl [From tbe Loudon Post, July 131 1 The statement* which bad obtained publicity, with ? reference to an offar of mediation between the belli gerant.powers, said to have bean made on tho part of the ' British government, are found to have bexn premature <u Ol the willingness of K.ngland to promote, by all practi* w cable inexus. that reconciliation which would appear to J? be ao desirable to both nations, is little doubled; and 1( now that the Oregon question baa b??-n amicanly dis- I" poaed of, the difficulties standing in the way of her interfereuce are not looked upon aa insuperable, but, aa tc wa remarked in our laat city article, very cogent argu- r< raenta are uaed in exemplification of the fact, that the J; course taken by Kagland, conjointly with France, in the 11 caae of Buenos Ayres and Montevideo, had been such aa R muat lead many Americana to deprecate tbe acceptance 1 f thoae " good offices'' which she may profess to be ready to exercise for tbe pacification of the two North *' American Republic*. The exertion* of Mr. McLana, the P: representative of tbe United States at the Britich court, in order that the Oregon dispute may be brought to a friendly termination, are duly appreciated by his fellowcitizen* on both sides ot tho Atlantic. In America, tbe prevailing impression evidently is, that it waa chiefly " through tbe zealous and fledfare agency of Mr. McLane, that the matter waa dMTUcted to a satisfactory is- " sue?while, in London,this feeling ia participated in by ? every resident American with whom wa have convera- ? e t upon tbe aubject, to the fullest extent They speak 11 of their Minister in terms of the warmest approbation ? K Eveiy disposition ii thown to Jo justice to tUe ability ami the moderation of the Karl ol Aberdeen His Lord- " sbip has, they admit, acquitted himselt in this ca?e in a 1 manner that is eo itlcd M the higheit pruise; but it is, at the same time, considered that his course was rendered comparatively easy by the ?juiet straightforward con duct pursued by Mr. McLane during the progiess ol the. discussions The great candor displayed by Mr. Mc Lane throughout his repeated conferences with the Noble Karl, engendered a sentiment of mutual confidence, and the pooplc of the United States may be congratulated that they should have had at this court a repieaentativo in all respect* so well qualified to embark in a negotiation ot so difficult and delicate ({nature?and one which was rendered the more difficult in consequence of tho proceedings of Messra. Allen, Cau, and others of the war party in tho American Senate. Mr. McLane has filled the highest office* in the cabinet of his country, and resigned, on principle, the poat of Secretary of the Treasury in IS31, sooner than assent to the removal of the public deposit* from the national bank by order of General Jackson. We understand he intends to return to the United States as soon as the Oregon treaty now in hi* hand* (hall have been exchanged with the Knglish government; his only object in accepting the mission to London, being thereby accomplished. [From the Augsburg Gazette.] War ha* now indeed broken out, and will in no small degree tend to haiten the dissolution of the Mexican union. Texas has broken her connexion with her own hsnd , for few yeojs she formed an independent state but now the " lone star" has been added to the alarspangled banner of the Union, and stand* beside it* brethren tn the American firmament. California, with its luxurious pastures and magnificent haibors hangs but loo>ely on Mexico, from whose hand* it is, a* it were, gliding away. Year after year, itream shoals of adventurers into thi* neighbor land of Oregon ; and on tlie shore* of the Pacific are now being repeated exactly the same scenes and event-t that took plhce two and twenty y eirs ago in the Gulf of Mexico, amid the rolling savannahs of Texas. The appearance of Graham and the German adventurer Sutter, has a striking resemblance to that of Stephen Auitin and David Crockett in Texa*, and the consequences are declaring themselves in California the same as in Texas. In orrter to attract continually freih streams of immigrants into the country, the Americans already settled in California are sending the most alluring descriptions to the States. And. indeed, Upper California (the opposite peninsula is a desert, woodless, and waterless place) is one of the most splendid tracts of land in the world. Its situation on the Pacific Ocean will the more hasten the future prosperity of this American conquest, inasmuch as the magnificent harbor ol San Krancisco scarcely has it* equal The people that understand bow to avail themselves cfthe advautage of the coast between there and the no lei* important Puget'* Sound will be the mas tors of this great ocean, and give laws to the Cbiueae a* the hmgliah uov do. The climate ii mild and verywhan healthy, the toil of M yet virgin fertility, and where uiifltfor arable, poaaeaaea auch luxurioue paaturea, that already tha inhabitant, in order to prevent tlia immoderate itjcreaae of tha herd* of wild cattle, have been compelled to alaugbter many thouaand head of ateera and cow a tfi innate. California poiaeaaing far more conditiona of extenaiv* development within itaelf, than the relatively poorer Oregon, ia therefore mora important than tbi't latter * * Continuoua or determined reaiatance on tlio part of the Mexican government ia not to be apprehended by the new conquUUdorea ; in no caae will they fear It The native wbitea are few, they certainly do not exceed fifty or aixty thouaand ; the Mexican Preaident reaidea aeveral hundred ml lea from Monterey Calltornia owe* gratitude neither to him or any one elae ; not a (mall portion chetiahea the tame wiahea a* the Americana ; foreign interference ia not, however, to be accepted ; and thua ia thla tate of affaira, we tee nothing to oppoae the formation of a iree and independent " Kepublic of California." Foreign Thtatrlcali. The following named artists were performing in London at the time the steamship sailed:? At her Majeaty'a theatre, big. Lablache, Sig. Mario, Sig. A.Giubilei, Sig Dai t ion, Mile. Brainbtlla, Mile. Corbari, Madame Grisi.MlIe.L.Grahn, Mile. L. Tngliom, Miles. Cassan, l^emelisse, Mono re, James, Julien, Lamoureux, and M. Perrot, Mile. Caatellan, Sig. Corelli, Sig. Fornasari, Mllo. Cerito, M. Venal'ra. At the Theatre Royal, Drury lane, Mesdames Laborde, Julhen, Charolon, Guichard; Messieurs Laborde, Massoi, Zelgar, and CoutWe. At the Theatre Royal, Arlelphi, Madame Celeste, Mr. O. Smith, Mr. Wright, Mr. Paul Bedlord, Mr. Munyard, Mr. Muchins?n, Miss E. Chaplin. At the Theatre Royal, Lyceum, Messrs. Frank Matthews, A. Wigun Meadows, Kinlocb and Yarn old; Mis. Woollidge, and Miss Howard; Meadows, biddear, Kecicy, and Mrs. Keeley. At the Queen's Theatre, Tottenham street, Mr. T. H. Lacy, Mr. Craven, Mr. P. Eine>y, Mrs. Clara Seyton, Wigs Haitley, and Mr. G. ii. Gilbert, Mr Clifford, and Mr?. Selby. At the Theatre Royal. Ilaymarket, Mr. Caulfield, Mr. Brtndftl, Mr. Webster, Mr. \V. Farrwn, Miss I . Morton, Mrs. L. S. Buckingham, and Miss Cushinan, Mr. Webster, Mr. Buckatorie, Mrs. Glover, and Mrs. E. Yarnold. At the Princess's Theatre, Mr. Granby, Mr. Wallaok, Mr. Ryder, Mr. Charles Mm thews, Mr. M.a MflHmnu Voutria an/I Miss'g. Smithson. I 1 The Ethiopian serenaders, a* usual, arc draw- !8 ing very crowded houses at at. Jamas' theatre. ! J; The Misses Cushman were playing at ihe Hny- t market. The London jlthtntrutn nays that on d Tuesday the comedy of " London Assurance" ' was revived, for the oenefit of the American sis- * ters. It was an occasion lor testing the powers of J both in prose comedy. Their success with the j audience assembled was satisfactory. Our criti- .< cal opinion we must reserve lor a less exciting (. performance, when we shall be in a better condi- u tion lor discriminating between the good and the indifferent. That the "Lady Gay Spanker" of b Miss Cushman would be a vigorous piece of act- c ing was to l>e expected? suffice it now to say, ? that it was marked, also, by a liveliness and nat- J vtti that eommanded applause. Our impression j, of the younger sister's talents for genteel comedy, i is confirmed by the charming manner tn which t she won upon the house in the character of Grace ' Harkaway. I Mademoiselle Rachel has '.?een giving (?ays a , Paris coriespondent) five performances at Liege, at 8,000 francs (JC12o) per night. She alterwaids Sroceeded to Lilie, where sho netted a like sum. i he afterward" goes to London, where she is en- 1 fc-Hged to give twenty five performances, at ?180 ' sterling per night. So that she will have received jj at the end of her three months' congi, or leave of " absence, no less a sum than 106,001) francs, a sum ? unpraoadented in Franch thaatneal annals. a [ERA L846. your! of Inquiry In the Cim of General Uftlnei, &c. 1 Oli> I*oi!?t Hotel. Ko?t Moitoi, Aug. 3, 1846. ? The Court met at 9 o'clock A. M , and alter a delay of ^ hree hour*, (during which ime the court-room was ? hrouted with ladies and vniters from the surrounding p leighborhood and the hotel, who evinced a very lively o Merest in the proceeding!. It waa Intimated to the court tl liat Gen Games would not be able to attend until after < J o'clock; the court, however, remained in session, and i, xuresned ita willingness to afford the general every posible accommodation. Gen Brook1, who. by the way. ia ow nearly convalescent, icceived on liia way from St. v .ouia a coup dt nolirl, and hence the cause of his late ill- ** ess Hia native air will soon bring him about, as he r ras bom near Norfolk some twenty miles from here? o le ia a tine specimen of the " Rough and Ready" school, ,, reu. urtiiv u uunn in manner* una <ns|>osiiioii unu mora dvm.ced In yean ; and Col. Cram, ?eeius a uraight-forrard *ort of person, who understand* bis ' wberea- . out* " The lU'Corder, I aptsin Lee, seems to posse** an " ptitude for bnsines*, a quickness aud intelligence that C rove hit perfect com|>etency for hii profession, and th? V uties of recording officer of the court. Within the last lew day*, *ev? ral hundred! hare calU d | c ijiaimnf, in th?"ir steam excursions on the river, to ai- r, ei tain the progress and probable remit in the ca?e, and ley evince a very lively intereit about the proceeding*. j leu. Gaines, and tlie otHcrra of the Court of Inquiry, to- j' ether with the aid* dc camp, all put up at thii hotel and > reakfait, dino and sup with the company in general. V he court met at 19H o'clock: after three and a-half o our* delay, when the official answer in reply to Gone s| tl Gaines's application to have the Governor* of Louisi- |(| n* end Kentucky, aud other witnesses, aummoned to ive evidence in nis hehall. drew forth an adilreia from J leneral Gaines in role ion thereto. The official anawer 11 T thi* court waa a* fallow* : '< Covar or Inquixr, July 30th, 1040. U Iajor Gerbbal Gain-* p Sir?I am ordered by the Court with great re?i ect to ly to vou, in aaawer to the application on your part, 0 hich I laid before them thl* day, for summonses to is- y lie to the Governors of Louisiana and Kentucky, and to * olonel W. Preston, Louisville Ky., and General Kelix J? Uston, NewOileansor Texas, and Colonel J. K. L { lauburn, Kditor of the Jrffmtnian, New Orleana, that " ie Court is of opinion, it la necessary you ihould state ai r what purpotea tbe*e witnesses are required, and ri hat you expect to prove by them. To juatify any ad- 0| moment of the Couit to wait fur witnenea, or any ... >ng and unusual delay on that account, it ought to ap- ' ?ar that the evidence require I, is material, and cannot iherwisa be obtained. It may he that what you desire i prove by these witneaaea will appear otherwise; or be 'c lailily admitted by thi* Court. I am inatructed to *ay tl our own statement* aud explanation* of your own mo- o ves and view* in the*e transaction* now under investi V stion, will be received with great reipect by the Court ,l am alio imtructed to advert to the fact, a* a point con dered by the Court in thi* opinion, that theae witnesses re not subject to their order, and may not regard any I v races* of thi* Court. ri I am, General, very reapectfully b Your obedient lervant, tl J K. LKK, Recorder. J, Gen. Gai!*k?, in reply to thia communication, ipoke aa ^ illow*:? May it pirate tkii Honorable Court? In obedience to to deenion* and iugge*tioua of the court, handed to cl ie by the Kecorder at tne moment of their adjournment F? nthe 3Uth, I have the honor to itate that I shall, I am li ire. be able to prove by the testimony of tho Jistin- L uished public officer* of Louisiana and Kentucky nam ri ilb) me, and if necessary by many thousand* of other Cl ritnesses ol uirinpciched aud unimpeachable honor, all v ie material facts necessary and sufficient for my un'.ire nil triumphant vindicution a?aiust the giave array ol " mputaiiona upon which I have l<een brought heloie this M lonorabia court. With the lint of these witnossca ? hia <1 xcellency Isaac Johnson, Govoi nor of tho Stato ol Lou- Ij ilana?1 had the aatiilaction ofien freely to confer Ironi p he lit or id of May, the moment when wo hevrd ol tho ? ctual commencement of Uoatilitiel upon the Ilio Irande, until the 11th of June, the day of my doparture , rom the city (of New Orlt1 ana, and 1 hero taku | ieaaure in declaring, that in all my official intorcounu rith the high public functionaries of several of tho tl tate* of tho I mon, which has continued occaiionaily c rhen ever war, or a itrong probability of war, seemed ft t render it neceiaary, during a period ef nearly forty a ear*, in which my effort* in the defence of tlie country c. are been, with vary few exception*, promptly 'and ' tjr sustained. 1 have never met with a more cordial or " idicious cooperation, than that with which Gov. Johnion d >w minute* after the receipt ol' General Taylor'* report ll f the commencement ol hostilities. He communicated || > the House of Representatives of the Louisiana Legis- a iture (the rtenate having adjourned prior to iu receipt,) lie report of General Taylor, and accompanied it with a peech?short, but eloquent and effective?explaining ' be critical situation of the army, and the immediate n?essity of reinforcements ; whereupon the House, as by cclsuiation, paused a law appropriaung $300,000 to enaile the Governor to obtain, as soon arposMhle, the requi iu volunteer corp-. This distinguished Governor taut roved himself to i>e wortny of u?e exalted and re*ponible station of being commander-in-chief of the chfratic State occupying tho great outlet of the Mississippi ind the soutb-weatern irontier of the Union. Such a Governor, sustained by a Legislature embracing a porion of the remaining heroes of the 23d of December, 814, and the 8th ol January, 1816?nay, every member if both political parties? inspired as they were with the collection and principles ol that glorious epoch, could lot but coiu>titule an appropriate body, upon tho first an louncement of war, to put the volunteer ball In motion The Governor and Legislature continued, with untiring XJlaaco, to do every thing which fervent |*triotisni int and high moral couiage could, undor the ad' rse circumstances of the busy season of planting, acompliih, until they had the lour regiments required by jeneralTtyler; they then cordially aided in the organiation and completion of the additional regiments ol inntsntry and riflemen invited into the service by me.? General G. here requested the R tirrier, Capt Lee, to eaJ the resolutions ol thauks and cunfldence in General i. passed by the Louisiana Legislature, which were iccordingly put in and read ; also the answer of Gen iaines in relation thereto, which have all been already mbliahed. Gen. O. next went into a detailed statement if the particular* of his course in relation to catling out o active sei vie* General Walter Smith, at Mobile-, which te felt constrained to no, in consequence of receiving an ntimation from Got. Chambers that two of the regiment* if volunteer* bed betrayed a ditposi.ion to mutiny, in onsequence of some dispute between them, and in oruer i 9 restore proper discipline, ha (the general) felt con rained to appoint the above-named officer as brigadier eing on his way to Washington, tie next referred to an iBieial letter of instructions Irom the Department ol iVar, dated in August, 1H-15, which points out the limits md deflue* the extent to which superior ofiicers in coinnand of the army sro authorized to ao t in their disci e- t ion, without holding communication with the govern t uent. The letter confine* this discretion to cases ol "eminent peril to the country, so eminent as to leave no t reasonable doubt that the President would feel it to be 111* duty to adopt a similar course uuder similar oircum- J >tances."J General G continued?All my efforts to obtain volunteers duiiag the month of May were in strict > accordance with the letter and (pirit of thia instruction, t tvery witness named by me, and every intelligent citi- i ten acquainted with the country upon the Kio Grande, t with wiiom 1 had the means of conferring, united in the ipiujuu, Uiai IUO snuauvu v? uauviw * mj IVI * < m; ? ? >ne of "great and imminent peril"?a penl 10 great and 10 imminent to leave no reasonable doubt in my mind, * nat the President, with full knowledge of all the circumstances of the case, would hare fell it to be his doty o r<soit to such aid. 0f this I had no doubt, and 1 feel insured that I have been fully sustained in this view by he prompt and decisive measures taken by the Pieplant and Congreas, in providing lor the appropriation of en millions ot dollars, and the raising of fifty thousand rolunteers, to meet the very contingency lor which I ivas laboring to provide adequate means to meet.? (Jen li., after contending that he had acted in conformiy with those instructions, and reviewing his military career, continued]: If I were a public prosecutor?or it I lad no higher aims than to enier the wide fleld ot acrimononiout controversy which the late military bureau enlorsements and avowals so long concealed from me, but low laid open in the public documents, would seem to nvite, I might devote days and mootlis to the Herculean ivork of cleansing that bureau. But I forbear I should >e wanting in magnanimity, and even in common chariy, if I could be capable of desiring the errors of that mreau to be more signally exposed, or moie severely >unished than aome ol tuem appear to hsvo been, by neir simple exposure to an intelligent and generous pub- ; IC. I make no complaint - I usk no personal iuJulgeuce -I cesiie while I live no other fsvor, no higlie.' dutincion?no greater glory?than to be required to resume ny propei coinmun.l, and perform the proper duties of uty : Ution, uamel) ?in war to meet and conquer the enemy, I 'to repel invasion," and "in peace to prepare for war" expect to i emoin in service. I wish to remain in serrice no longer than I shall have good reason to touut I i|N>n in) being abla promptly to uo every duty conhded o me. In the meanwhile, I claim the right ol enjoying iveiy privileite properly belonging to my grade an4 >ast ?erviee?, to mo ihm day?to the last hour ol my ea* j stence us a V. 3. soldier If any possible benefit to the , ervice could result Irom ftcating old soldiers as savjgua \ lie wont to treat their old chiefs and helplesa travel, or itherwise than in strict accotdanca with the known tnin- . jple* of military law, I am willing cheeifully to submit o such treatment. But this can never be neces ary or lesuable to the virtuous or the wise?to the brave or the ree. I belong to my country. I wai born hut one year Iter her birth. 1 have grown with her growth,?and in rrvent hope for her never-d) ing pro* p?jtjr, I J nay say I have strengthened with her strength, have been advertised in the newspaper called the Union,"' and consequently advertised throughout the rederal Union as an offender. It is for you, my old broiler soldies, to say whether the imputations against me re just aod true, or groundless ?Whether I am to be rought before a general C otut Martial, or return to my omniand without reproach. If you can conscientiously onie to the latter conclusion upon the testimony befcre on, I shall be gratified. Otherwise I pray you allow rtA th* t?atirmmv 1 Haw* r1ft*ir?<l nr allow mi thi Lrirl a of ft trial tKfoia a Oaneral Court Martial ui.on tua tio Grande, wha a I thill And all the tettimony I daaire, lutlrom wImmm I do not feat myaelt at liberty to call a litnatt,?a* tha war in that quarter may leqairo tne f??nnca of every efficient ?voluntas r and re*uar. Tha Court hara went into aerrat aetajon, and their ? idjournment to-morrow at 10 u'clo k A. M. 1 _______________ c< Thejnry of freeholderi, in tha caac of Geor*e, who ? vaa convicted on the iPlh ult, of tha murder oi the tlave A iudwaid, and in whoa* raae an aii|>e?l for a new trial ?a* made, took place jenerda), an.1 remlted in a venli< t . if guilty, and tha court aeatenced him to be hui g on tha v ir*t Friday in Oetobernext. In consideration, however, >ftha youth of u.a convicted, together with other cirom?tanoee, the Jury hare recemmended to tha govern n i commutation ef tha above aentanee ? Ck*rl*fn Pm. 9 LD. Prtco Two c?nU< New-York Pilots. [*o thk Editor ok tiie Ukkald :? The act concerning Pilots, approved March d, 1837, which the Pilots and citizens of the Stutn t New York desire to have repealed, and the re?ral of which the Senators and Representatives f tins State in Congre-s, are by a resolution of tie Legislature instituted to effect, is as lollows : ' He it enacted," Jtc , " That it ?hall and may be twlul for ttie master or commander of any vessel ommg m'o or go n# out of any port situated upon raters wli ch are the boundxry between iwo iiaie*, to emp ny any pilot duly I.censed or auihoiz. d by the laws oi either of the Stales bounded u said waters, to pilot said vessel to or from said ort, any law, u-axe or custom to the contrary lOtwithstanding." It may bo nuvn by reference to a tnap of our arbor, that certain pilots in virtue ot licenses or oiumissions from the Statu of New Jersey, pilot essels through waters exclusively within the itate of Now York, in taking them to or l'roin the ity of New York and the high seas ; the bounday line between the two States as established by oinpact and agreement ratified by Congress on le 28tn June, 1831, being as followsThe oundary line between the two Slates of Nuwork anu New-Jersey, froiu a point in the middle I" Hudson lliver, opposite the point on the West lore thereof in the lorty-first degree of North ititude, as heretofore ascertained and marked to le main sea, shall be the middle of the river, of le bay of N?w York, of the waters between Statu Island and New Jersey and of Karitan buy, > the main sea." Vide 4th Story's Laws U. S., . 2380. Pursuing that line, New Jersey through her wn waters, reaches the sea f rom the city of New ork. by following a small stream IVnl of Kichloud county, Staten Island, carrying but about ve feel of water at low tide, near Ehzabethtuwn oint. The sh.p channel through which vessels re navigated to and from the city of New Yoik, ins between Staten Island, being the county f Richmond in the State of New York,.and that art of Long Island known as the couniy of Kings i the same Sta e. The State of Virginia (like New York in respect > the narrows,) owns the luud on both sides of le entrance to the Chesapeake, and the pilots I Maryland surrender their vessels to those of irginia immediately on enteiing waters within it; territory 01 me nuier oimu ; wj un uiw umcr and, the pilots of Virginia do not venture to naigatu the exclusive waters of Maryland. State gtits ami State sovereignty are thus respected, ut this act in the spiritofconsolidation, tramples KMii under toot, practically, in authorizing New ersey to exercise municipal authority over the tate of New York. The New York Courier <J- Enquirer, in an artie ot the 3d instant, is resolved on making this a arty question : be it so, let all the whig papers >llow the lead, ami make whatever political r.npiil of it they will. Moreover, let them betray the ghtaof the State, if such is their taste. Tne lien?ed pilots of New York have not desired to inolve this question with politics. Lint should it ow t.ike that course, the responsibility must fall 'here it is due. ' The Courier, in discussing the ttestion, says, "Can tiny thing be more reasoriale, or natural, orjuft* and yet4 tin party," a nrty that prolesst/s to be entirely democratic, is now seeking to deprive the sliip>vner of his right to select Ins pilot *??*. 'he monopoly pilots, however, iriucnxe on tins tonny sea which wafts hither the wealth, and ot the wealth only, but countless thousands of itizens of othpr regions, arc very active ant/ inucntial on the hardly lets stormy tea of politics, nd the voUs they give in contest ut the polls art ilmly balanced by men stcor.i before UlClli LEAVE N to do their duty to their country." In nswer to the imputation that this is a party met^re, it will be remembered that the bdl to repeal le act in question was reported by a Senator rom Maryland, alike distinguished for patriotism nd intelligence. The people of this State have expressed the deire that the odious law should be repealed Itrouvh the only legitimate channel, to wit: the tcate Legislature in joint resolution of Senate and Ll? 1 .. .1,.. Itlilroltfinl, LSWIHUIjr j ami uuuuuoon WHO mu fthis cny not so fully committed by whig oralis to the creatures ol their own creation, they iruuld be glad enough to commit their interest to 11c acknowied experience and t-Uill of the li:en?ed pilots o( the State. It is rtqwateri, the >ilots have not Miught to make this a party queslon; on the contraiy they have in their to Congress addressed themselves as well to ihe inelligence and integrity ol the whig as democratic nembers, though with more confidence have hey reposed on tUe democrats, of the same poitical creed with themselves, believing that party n Congrefs would more sedulously examine heir claims, never doubting that from both, jusice would l>e eventually administered to them. The cry, clamor, anil watchwords, are, "That nerchants and underwriters are opposed to re>eal,"as if merchants and underwriters were all he world, and that their wishes were to overide State as well as individual rights. It is unluestionably true that the merchants have a deep ntere>t in ihis subject, and it is equally so mat nany distinguished men of that class* advocate uch repeal. Are we quite sur? that uruUneritrrt should bo :onsulU'd 011 this and kindred subjects 1 on the lontrnry, the very busings* in which they arc engaged is at war with safe navigation ; it is like fiving lambs to wolves lor protection?remove ea-risks, and their business is destroyed ; in proiortion a# risks are enhanced by the unskilfiilnew f pilots, to the same degree does their business .lrive by high premiums. The fact that there arc uch legions ol underwriters, incontestibly proves he value of the business, and the flourishing coniition of that business concedes the principle that he greater the risk, the more inaurunce is eflectid, and higher premiums paid ; at best, it is R gambling pursuit, in which all chances are nisey calculated, the premiums lar exceeding the osses, and none have more direct interest than hey, to cajole the merchants and public in fosterng that condition of things, which mast subserves heir gains. Publicola. Court Decisions?July 29 ?Present lustice Beardtley.?There being no lurther btisi!? ?? rentv. ths Court adjourned without day. after a?ealion of 34 day*. The regular call of the raleiidar re?ci. ed iiimhor fll and the whole n imlxr of caaea diipoaed of ia ihout 140 Judgment of the Common Mm* reversed *nd hattbf the Jmtice alltrmed?Stevens ? Rullaon it'ir Washington County Mutual Iniurance Company t? Winiton ; Wilmarth v* Chamberlain ; Livingston v? Mc'?w; (larger v* Jeniion; the Tiutteoi of the Tillage of Poughkeepale v* Jeck*on ; Myers v* Darin; K'olainl v* tloak Motion to *et atido award denied?The Atlantic )ock Company and Oiinwold. Judgment for plaintiffon lemurrer, leave to amend on the usual term*? Coiler v* Stinger; Unities v* Holme* It Holme*. Judgment for lefendant on demurrer, leave to amend on uiual terms? laata et al ad* Warner; King v* Homeyn Judgment ot defendant on demurrer?The People ex rel Martin v* he Mayor kc of Brooklyn. Motion to*eta*id? leportol' eferee* denied?Woo*terfc Frame, (urvlvor*. v* Jenkins c other* ; P* liner v* Stephen* ; Whipple It Whipple ad* iweet ; D)gert ad* Beardaley, not refa-ahle. Judgment ever*ed, and judgment for the puople on demnrrer?The Vople v* Adam* impleaded kc. Judgment reversed? leath v* Wright ; Majnard et al v* Reynold* ;* v* Hhumway ; Parsons v* J.iquet ; N'uman v* Snyer; Mclntoi h v* Ofeen ; Baker v* Swan. Judgment are*ted?Booth adi Tarry It Albertion Nonsuit ordeieJ? Ciei nann ad* Bower Judgment nflim*d- Sleight k itanton vs Haight ; Oliver v* Wilder ; OnfHth r* Well* , yhadwick v* Salisbury; Kdi.k v* llodgkins ; Richardon v* McDougnll ; Oile v* Hartshorn ; Phillips v* Po?tey ; Mory r* Abel ; Seoley v* Chamberlain ; Viervine 't Rotli ; William* v* Lawrence ; Vnn M >r * v* Biadey?; Charle*. Impd Sic vs the Tonplo ; Wood v* the Peo de ; Canee r* IlTtrand ; llownrd rs Phillip* ; terpen er Ik othera rs Star*: Piatt v* ( at hell ; Smiera vs Saltwi*, *cker v* the Mayor <kc of Now Vork ; Damon vs W?hb; V'andewater v* Wynkoop; Kord rs Benedict et al; Wilcox v* Clement ; Carter v* Rodger* . I.arl vs Dixon It 4pooner ; Milk v* Delong Taper* defective ? Cbttelie ind Mason ad* the People, Now trial granted Hidden ids the People ; the Popple viJone* ; i mt a.l* the People. New trial granted, coits abide event?lleaitt ad* tiardnei ; Doughty v* Hope; Huldmrd vs Bngg* ; t'lark id* Kldridge add other* New trial denied? Wynkop id* the Highland Bank ; The Mutual ln?uranco < ompaay of the City and County of Albany ad* Conover: ParTie Ice v* Carr ; Bouchaud, executor, v* Joseph Lopez Dia* , toriou and wile v* 1-inn; Wilaon v* Bancker ; ruppcr ad* fiurrough* and other*, eiecutor* of Bur? - ? ? ??. Ijkh : W nor lit et al va "outfits : uaniuK ?. ?- ?-? , ? _ S?tta i WhilfoH and Wife f Harknese. New tilal dalicd and proceedings remitted to N I i>en*ril HtNioim with direction* to proceed Aid render judgment?The 'MplinOmn, iapd New trial Muted and pro leadings remitted to Columbia General Sessions. with lirecn..n? to proceed and lender judgment?Miller ada The People Judgment ravened, venire de novo?1 he iushwiek awl Newtown Bridge and Turnpike Road Co Dykes, Whiting k Whiley ra Sherman, impd, kc ; ,aaioot v* Biewster ; Potman v? Shannon ; Bancua va laitison : WhiUtoa va Oilchriat |r ; Van Keuren and thera ra Johnston : llalaey the People ; Tuffk ra 'a)lor j fttryker vi Weyant. Proceedings reveraed with oati ? Williaina va Meriitt. Judgments for defendants n demuirer?The People ? * ral tlie Buard of Education f thn village of Pougtikeepile ra Ihe Trustees ol the oughkeepoie Lancaster Hchool Sooiety. Proceedings iveraed with costs and restitution ordered, Judgment to entered of January term, Id4??The People ei relat Itinroe va Rradt, ?? * ? v? ai_?i Tho (tarrf* ol L). U.?Mcoiufrituvp I itch cock, LL. D., rrooidont ol.AjBhorot Collogo, ? th? pmaoncoinont of MlddWury Coilofo, Vt-, July

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