Newspaper of The New York Herald, September 3, 1855, Page 2

Newspaper of The New York Herald dated September 3, 1855 Page 2
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AFFAIRS IS KANSAS TKRBITQRY. fke L*??U<y of U??- l^Kl?latrar?--Kan?M RackinK Oit-Tb* Way Mr. Batlvr wm tfcvltrd to U#v?, Af-i ^r* The following in the opinion Hon. <?rauel a I* ?Miptr Chief Justice, concurred in by Hon. Hush Klinore, Associate Justice of ti.e Supreme Court of the Territory ^Kansa*. U|?n Ihe right of the legislative Assembly to Ipcate t< ni|?ruril\ the sent of government, And upon the validity of their acts of legislation at such pUce. Given to reply to u resolution of the legislative Assembly 7b Mi HunonMt 'Smmii and H mm of It. 7 ir&rntati Kt ufth. ItrrUniy of KanMU : ? Your communication through \Ma medium of the At torney of the United States for the territory, wis handed to the Supreme Court at its f*s?!on on the 30th ait., and feeing taken into consideration, it was determined by a majority of the court to reply to so much thereof an pre sents the question of your authority to enact the bill, " providing for the temporary session of thin Assembly at the Shawnee Manual Labor School:" and the further one, " whether the adjournment of tills As#?nbly to thin plaee in pursuance of mich act was UgalV' in other words, the vita! inouiry whether you ure a constitutional I^giflative Assembly. An to ?<> much of your communication ax is embraced in the tracceediug clatiwe, to wit : ? " whether it is compe tent for thin AnsemMy, if its present session bo legil, to confer on the Vrobate Courts jurisdiction, civil and crimi nal, concurrent with the District Courts;" they deter mined that, as it presents a question touching the legality uf a specific aci oi legislation, they would leave the solu tion of that, should it arise, te the ordinary course of judicial investigation. In making the distinction, they linve been controlled by ?he peculiar characteristics of the first inquiry, (/jok ing as it does to the constitutional existence of tho Legis lative Assembly, upon which rests interests of the most vital character and of universal application to tho well being of our people, it has seemed to a majority of the members of the court that they should lail in the accom plishment of a loading purpose in their croation if, Buf fering themselves to tio restrained by too nice considera tions of technical delic icy, they should refrain from a dl veet response to your interrogatory. In reaching this determination, they have boen influ enced in no small degree bv their high appreciation of the constituent elements of your honorable Ixxlies. Sa tisfied thoroughly that iu the great requisites of intelli gence aud public virtue, tho Legislative Assembly of Kansas will c< tuparc favorably with similar bodies in the Sta'es of the I'nion; and fully persuaded that In propoml ing the inquiries you have been influenced by an earnest ' desire to ?hape your legislation in strict conformity to the obligations of controlling law, the coasideraliou of the preliminary question, whether a response should be made by us, was approached with a natural anxiety to find it consistent with a sense of official duty to do Bo. It is but justice to ourselves to add that tliis motive was powerfully offset by an habitual reluctance to Inlerposo, rven upon solicitation, in any matter wherein it was known that co-ordinate branches of tlo Territorial gov ernment entertained conflicting opinions, immediately npon entering upon the inquiry, the immonso magnitude m the Interests involvedd urrc ted our thoughts, and fc>Tbade in the most emphatic tones, a resort to the or dinary justification for silence, that tho case presented was ''coram iioniuilice." ? .... - -- _w . V # * technically tbc fact*, but wo =s^~?S5S5sise g^sgassssa MMM illllgilti dates ?Pre?" ?? ^i ln wWch ^ coMtitu feSSjfSrSSH within the ?OT f"r thority over our foreign .^ktlonii. |iy state* *"* by bodies aUtwtoS within our Urn , (h. r(.a(.hc,i ??C?S ???VSi IS-TS 3^S5s^s5SSS ^SssSs E^of^feof'ns0/, 22?i SSriSd ? " And, If w,ve muat inquire ody iniotne ?Ideration ?nd decision, by the act a no . foivA0f es?/x^?&sts afwasc^^-artS ahown. . . , n?rtftke of the ippMrauee of * It would not only ao pan?ai '" ,. "' 1 . r.uifv ,?.? S^'of^h^cnat^iinoeM^^ery quest SK? ^aw^f^mthe'Lu^b.'.dy v hicu7rl!.nounced the ^i^uchXtlncUo?: if, in their Judgment, .uch dm to thin derininn in maintnnanea or the eS:SfetaX!asa.,sffiirre Elr n>av be erobaraced in the manner and form of your juaaniiatlon and thnt neither un objection to y >u &?AT?r of any other natW no emb^ced Within the subject matter of the opera o? Tonr kgWationcan be railed in question jl^nv 7 We wiU but t4d to the*e n rK^d totlnd ?elvefl, and we trunt to you? hat \y u ?Broken ""?tn4n*?'i{L? C^iSS^Sr .hlchj no far otj& 'hJrTri^ eed^too, which if?o? much farther than we lui% e determined to g< . I rttuln t the legislature of Minne?.l* fnmtory, A resolution 01 "7 B .if the Supremo mopoundintc oue<Uonii to U?? , , , rw? ju?Lrtv Court of .bat Territory, was f,llyre,,l . ?? ? ' h^u.^. 8M proceeding of the tlrnt wsaiou o< .unaaou *SS determined to reply to the tftiA nature of that reply next <x?iu** to be < conwderea. v?Tihi* l> have hid no difflcuUy.Wa hare not tirrn! Lhle to d!*cuTor an? uttbitintlal objer iou to th ?onutitutiouality of the course of the !?gi?lati?e A^ein rtS! in the ?* ?"? ^"'ZZ' r.h.3", WA~? ?. as T"^' '"I'sr hnldimr honorable position. but we are forUd denby tfco highest oonsidemtJo*. of .expect ?5 Jnatice to Snppo" cfi.o to har^ ^J.rn m( your honorable t?My. V f'?l therw t? a dereliction from the con-te-y fine to a depart men r nf VoTe r nine nt , a? well a< *n d-p.^rtuie ?*" anaJ'HTV to the veil <vtabli*hed principle u! taw^ upon^he roeognHlon of wbMi oou rU forl^ar to g.: tH-hlnJ f lie word when the jud^ nt of ? eompeU* t Ui bun* I come* Incidentally under r di(t glt. It I. not for an to Inquire c WK>?*tl''? ^11^ rem vnu but to a?auuie? the leMt that ?nv r< npeetawe M; r.n auk? 'that fou had tor y?ur action rea^oiu U> Tonr?elTe. in..?t ?at|.|?otorT and a?ji.?- . ? The nue<1i..n< preMnt*<I for our ron..der?tl^are. Whether the a* of the U-gisUtl?_ ' "r"'''lr^ '' J^T, ,fr the Shawnee Mali ial l*bor f'chool the fmpora r gwr?rnment U T*Ud ' Aivl, Wh-Uier yt-ir legation at the lant nicnii'.ii<? place It l-fpal ' , i They might *-? trvaleil t ?eib.-r, a* r? Hy proienting lit* solitary tminlir, Whether yrnir linuv-?ble body Ha? ? eonntitiitlonnl e*Ut?p .. Hul tl.e latte' branch of t he kaqulry damanda a brief eonaWleration di<UJ?t fro in the ?war. ft Way be remarVed in referwiee to it, tbfc. it'1 fsvnti kle wiution may b" ?h< wn ?> hatter iniflil V> the reply to the Aimer, unleea? wLivh I Wy no nwm i r rlaln ?ropoeitlon? no IcginU'luii '?ib> iliUgatory p omulgc 1 edxewhere than at the of government. Indee?fthe contrary l? rlmwn t. be tho w >*nl/ed rula and a? ?ucb. ha? lioth been a<ted up ?i li i lie ah ?ence of empre?? authority tnd ba? ic th"- e n< It< of the "tatac. certainly In tome. ,,nd parhap* ge?? r.itly ^e'^SXi' ofCongr^ fr -m PblUMpl.U to i ,n eaeter in 1777, upon th- temporary roTe?.? ot th" A. e rioan irm in New Jcwey, U Ulnatrwt'an . f thi ii r mer wWte the l^th iiecllon of tliat ->1 artir*- tn< c i. rtltutKin of M.irrtin.l Ik a deiiionatftttioa of U "'ter. W? are bu? t.xi nnt to confoiind inherent priuciplet wtth "ith-r eonntltiitb'nal or l?*laktlw r? .,wieiiient?. It In u?u.\l Ui 1Im!? I y p .?ltlvi< emietiniBt. tli?> afc^rciae ol the fnnitinax of the .U|Artuieiil? of gor*rJiaieat t<i tbo aa at of gotemment; a ]?ill<-y not enty nwt quoatlarabla, but rlearly Ij-i -'.able nr.! ?l?. s>. too, the re#ldaK?of the chief a?e. 'itjte flirt it mm-t commonly iv|uire4 to be thera, yet it I* n i" tinlvnallr ?o. In l>oi?K,*ra. fvr eiaiaple. and in Ahhaitw, due!, nn* the e.iee. fbe aot creating thia Territory d<? ? !>?<* " i?lre >hl* ->f tJio ,Jo earner ; >11 tha' It du~? i? to era, t of him *<> ' ran ide within naid Territory. " Nor doe* It contain . pr.?hi'J< Mtlon to legislate ?>' *h*/P ll"; 1 >' ^ ?t ? (r-eeri anl. Upon <Bl? pofrit It l? entirely ?ll?v T< u are tlia J.idge^ of tho propriety and ? .\ar ty . t *? mode of performing your d ity. Iw |,l,r 1 J"i' aatvlfw.ce i* th< highon* ?no>?n to cnhirlitened m mm, ttarn.Mtn.eT,' Ol liw- t. i-yrr tbe Kt-rC -t i ?ciety. and tu control tb? action of ita in<flyida*i mem bers. H would be to surpend the most overtowering in teieota upon too trivial considerations, if tbe vitality of your acts should be dependent upon mere point* or re gularity, and Un-e to be detoi mined by other tribunal^ and that, too. by lifting the yell of motive and prying into ita hiddtn - pringn. If the principle of such an ?ver aight and control were conceded, it would be an alarming abuse if upon so comparatively inigniflcant a point as tee place of vour deliberations their wholo efficacy should reat. However much it may aeem to comport with the importance of legislative councils to be sur rounded with tbe eKjveniences and comforts of taateful and expensive bui' tings, reared by the munificence of government, and to have tjiese located in the midst of a refined ami intelligent population, those ar?, after all, the leant ol th? elementH of their uaefulnesa. The prima ry purpose of your boing is to promote by the wisdem of your co?mciis, the public welfare, and, whether sur rounded by the uppemlugeH of even prodigal and pretuse expenditures, or legislating under the genial lhade of one of nature's forest monarchs, whether in the centre of luxury and population, or in the stillness of a sollude unbroken save by tho voice of patriotic earnestness in support of needful lawa. ia but of the utmost, insigniti ance in comparison with the Adaptation of your mea sures to the interesta intrusted to your keeping. If pestilence, therefore, shall Invade tho halls nobly Wrought to correspond with the magnitude of your du ties, we can see no reason Why you should not, as did the Parliament of Gloat Britain to shun the desolation of the plague, lea\e Westminster, where, -'since the days ot the I lantagcnots, the houses hud constantly sat," but great reason why you should abandon these, if need be, for the solitude, tojjerform your labors, uud if called to assemble in the sollude, where conveniences are not to be had for tho advancement of your efforts, it is certainly no loss true that you may aud ought, as the congrci-s of the revolution adjourned. Indig nantly, front Philadelphia to Princeton, Now Jersey, about the close of that-great struggle, to adjourn to such other place as will furntah these. It would be faithlessners to the high trust assumed to dla.sipate the time and energy so necessary ill u limited session, in combatting and overcoming inconveniences, instead of seeking a place where conveniences being pro vided, these may be dovotcd to the legitimate objects of your organization. The first alternative, If adopted, would present a lamentable example of the truth of the old legal maxim, uii h-wl in lilera, huen-t in oorli -r ? '?who sticks to the letter, sticks to the bark" ? an idea not dissimilar from that expressed "in grasping at the shadow and losing tho substance," in " straining at a gnat and swallowing a camel." If left to seek, in general principles, a response to yoar questiun, we should feel no hesitation in resting tho jus tification of your position upon these views, and invok ing to our further support the long established maxim ? dt mMmiN nun rural Irj ? "1 lie law disregards tritlci^ should feel that position to be impregnable. It is due to ourselves to add that It would be an unjust inference, from these suggestions, to suppose that we regard the establishment of seats of government us tfftnutter of in difference. On the contrary, they are in entire conso nance with the highest appreciation of the advantages and necessity of such establishment. Hutlico this to. guard against misapprehension, without departing from the line of argument to illustrato the importance of fixed places for governmental pur[ioses, and this proprie ty, in general, of their performing legislative functions. We are not, however, confined to general principles, but may, with confidence, turu to the provisions ot the organic act of 1864, ch. 69. the act of 1855, oh. '207, see. 0, aud the further act of 1865, ch. 07, in discussing the question of your right to locate, temporarily, the scat of government of the Territory, as we now propose to do. The 24th section of the drat named act do.-lares thit 11 the legislative power of the Territory shall extend ii> all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act." Some limitations follow, but do not affect the question under review. It is supposed that but for the Slat section, no doubt would exist but that under the i!4th, the Legislative As sembly would have a clear right to designate the scat of f:overnment, either temporarily or permanently, or that I any ground of doubt could lie found, it would be in that clause of the 23d section which proyid? that '? the persona thus elected to the legislative Assembly shall meet at such place and on such day as the Governor shall appoint," hut thereafter the time, place and man ner of holding und conducting all elections by the people, ?? shall be prehciibed by law, us well as the day of the commencement of the regular sessions of the Legislative I Assembly. For the Bake of simplicity ami clearness, the 24tli sec tion will be examined llrst, in connection with the 31st , as also with the appropriation-) of ecctlon tl of ch. 267, 1864, and of 18-">fi, anil afterwards in connection with the 22d section of the original act. The language of the 24th section lias been already quoted; that of the 31st iH in tl* following words: ? "That the seat of government of said Territory is hereby located temporarily at Fort Leavenworth, and that such portion of the public buildings as may not be actually u sed and needed for military purposes may be occupied und used, under tlio direction of the Governor and legis lative Assembly, for such public purposes as may be re quired under the provision" of this act." In the construction ot this section it must ho obvious that the use of the word "temporarily," must demand particular attention. This would be {rue, if to be con strued independently of any other; it is much more so when to bo construed along with others, und when a conflict is to tie avoided. If omitted, or if substituted by the word "i>crmanent ly," an entirely dlifcrent phase would l>e given to the section. But the word "temporarily" does occur. Why was it inserted? This question will be answered by the solution of another: ? Did Congress intend to desig nate a seat of government until by Its own further action in the premises a permanent one should be established, or another temporary one pointed out, or was it the pur pose of Congress to designate Buch seat of government to provide tor exigencies that might e.rise before the session of the Legislative Assembly, leaving it to that body, as one of its appropriate riguts, as of ull similar assem blages, unless restrained by direct prohibition, either to continue there after its convocation, if convenient to the public interest, or to designate some other, since it had accomplished the object of its temporary creation f To this question, it lias seemed to us there should be no hesitation in making a reply. The very term used aa lnits the existence of aright somewhere to change the place. "Why "temporarily," If no competent power exists to alter and change it Y Where rests that piwor in the absence of a prohibit lor, if not in the body to assemble for legislative purposes In the Territory, and having intrusted to it the great concern of preserving and athanring the welfare of n rcpldly populating coun try ? a body which, far beyond Congress, has the means ot judging where, best for the attainment of these ends, they shall hold their sessions. Not only elementnry writers, but judicial expounders of the law, have uniformly regard-d the object to be at tained by a legislative act us all important to aid in its exposition. * But here not only Is there no prohibition, but a dis tinct authority in the language ot the 24th section, to legislate on this subject. This can only be denied by asserting, con trary both to precedent and principle, that the lo cation of the seat of government Is not a "rightful subject of legislation." We say con trary to precedent and principle, because both Inn c been most emphatically affirmed by the highest legislative au thority in this country, and fram 1790 to this day, ac quiesced in by the highest judicial as well on executive authority of the federal government. A reference to the act of Umgroes of 1790, ch. 28, and to the history of the country from that iwriod to this, settles, we think, this proposition beyond controversy. In appealing to the history of the times, we have the au thority of the judicial tribunal already quoted. (8 How ard, p. 1.) In asking the sanction of the acquiescence of the departments of government, it would bo purely super fluous to cite authority, when it is rememl>ered that this Is the very foundation of that large system known as the common law. The act of 1700, by its Oth sec tion, locates the seat of government at rbiludelphia. until the 1st day of Ileeem Mr, 1800. (thus temporarily,) and by its tt'tli section lo cates it permanently at the elty ot Washington, not to nomine, but at " the district and place aforesaid, " which by the tirst section 1* described ss " a dlstrlctof territory not excluding ten ndles square, to lie located, ss here after directed, on the river 1'otoraac," a district since and now knoun as the District ot Columbia, and the pari lcu lar place since and now, the city of Washington. It Is n confirmation of this view, rather than an objection, that the constitution of the t 'ni te-1 SLates, sec. 8, njt. 1. con fers the right of " exclusive leg! lali<>(i " " over such dis trict, Arc., as may, by cession of particular States and the acceptance of Congress, become the seat of government of the I'nilcd States, ' Ac., because It will be observed that the grant of power here is to " exer< ise legislation." and not to select a seat of government, this latter being, really, by the phraseoiogv used, merc.'y m. knowledge I as a legitimate exercise of on indispensable power. (See Story's Commentaries upon this section; book ;l section 1,211.) Assuming, then, that the location erf a seat of govern ment. tempm aril;.- or permanently, is a " rlghtfnl suV "Ct ol legislation," th? argument lieeomrs conclusive that the true exposition of tills secelon corners at: pie authority for such an exercise of power as that in question, while tte use of the word " ten.jiorarlly " in the .(1st section, leaves the question entirely fciee tiom the embarrassment of ? supposed prohibition. Were it possible, harrcver that the** views fall short of concluding the .(iieetion, it is only needful to pursue th> legislation of (v-tifr -s a step or two further to dis . covr t n most distinct exposition by that bvdy ot its own in.! Tuietntion of the suMftct. By sec. 0, chap. 267, of the statutes of the k>io( ses sion? ?!8.r>4? -an appi opriab <n was made of Iweiitv-Hvc thou* it'd del la is "for tltf 'rectioii of pub?>i buiflin<r? for tb. nee of tlie l?gi?latur* of the Territory v' Kansas" ipen to TPS therein mentioned. This proviso. n Is too well known to need a full rea'tal. the more espi daily ns It is vcferi d to rather in lliastratkm of the section next riled, )J.?n P of i'self illusnisl vc of the point U discus- I siori. I Itniayl' observed in pn-slae that, notwithstanding the insufflcien y of this section to accompli h the pur pose, snore . especially when tiM history of its passngo, alter a Jailor.' of a more direct efl?i t at repeal, is k-tc-rn. it wss petty Will dy thought, for suuie in ,p'h? after tin prolan Ration of tt<e ostabll-hment cf tiie Territorial aa tbority, tint this hod, in taot, aecMt'plislosl a rep.-il tf the 81?t s<c tionof th~ organic act, whl it is no* str.-itigeiy enorgh, by those entertaining this opinion, supprvted to be in full torco. despite not only tills seetion, but the set of Ih.Vi, chap Xt'i, und your own act at the present se i b.n. Tracing the Mrfslatioa :f Congress a step Anther, we see ti nt at their last sev ion, by chap. Id", a m onenl ?me mentioned, there Is a farther appropriation of w? nty flve thousaikl dollar*, bat with tins very nia'erial 1 "i A ~,h*' ??his sunt nor the twenty^rtre thoa MMdi dollars heretnf n? snprnpt&*?ed, shall bo expended antil the I egislatnre of said Territory shall have fixed i.y l?w the pern Mi?,it ??| of government." It is to this ? tetnte we s i. attention, as sfllnaing tlie instruction !'{? Vi ,-i>ep- 59, sees. 24 and .11. ? is no grant of power by '*?*? '* nl,y ch?P- ?o locate the permanent -.-at iif jpevernnv-nt. Tlo MauifKt meaning of tlie tang nag* is am re reeetnitien t4 that tower a an air. . dr cxU'ing one. ft ? a prohibiten </ the expenditure f the m. neys .ievoted :l , use of the Terr!!, ry. nntil such ttme ts this sd n. *<d pow*r haJ' have Wti m|^ni |br e ?>rvl< . | <or.^S:tTT no* 'ntfnd sums or any , ho loin 1? ''Ponded for temper: ry bull-lings. cW^ L,tlUrU f,Cra **? ?*? ?? '?'? I" that Kt*1 STe A?e,! m'". 'f n? doubf "f th* 1 '?llt of *-h? L? ernment th!. ' permanently tlx' s-?t ?f gov nr.. ? i?.. .' .. ^,1_**P"n nds it* own uu/erst aiding orits UK vilulilf (i r ' i ai ' mu'rt""4. while the further lw tiifV-r?ne*? follows ihat the iufe.ior right to -ame M. V *n**n.\mrnt temporarily, reai.le- in th? II t tt il u't o"r a,',^or,1y for thiH argumoru ??7 Bt C. * ?' LP*' an<1 3,1 Howard, 5ft?. r?i? ,.f "l? collc'u,'ing inference, the well known ' J th*.t 1,he <reater embraces the It -*, ?ill 1* rec gniicd as both applicable an.I sufficient. .*jee Hth ?. ,f '.L ' and 14th vol. Kan'. Keport? the famous ' ,e!frl rJett vs. the Speaker of th" House Mm.IX ? * )\\ i! elfarly implied by a statute in liej! vol 8? 264 4H e*I,reMJW'1 f" worda."? Missouri tJhVniujrSiill 01 th.? 1ut arlipl? "f the constitution of ???? Sr; ' ,a,n'^ ,he "ntaequent action of Con for anotW ?n * '?????? has been already ma le t?on nf lh^L, ~?P?rT' *'* ?TOn morc forcible in conflrnia i be oorrTi ! 11 t'16 construction then given W?h as *" have shown it to b> by ment in aa nm " 'J"5 rtg^' ,0 locate a seal of govern further A.?,*! * . ??l Panted by its language, no ? wTL T?"n , ?r <ho existence of a similar riven bv K XT' V* the truth the cons-ncti-m given by us to the acts and sections quoted' if it be not poCwerrUVnTt,,?bi"n' **} " to 1,0 a' ? 0 entiv tv." Krant, UI1<U'r which Owwresi subse ?nflue,itilf U 1 f aCt r"f J700' th('n U bSSaM DO less the seat of m wit"06 ?! lhe P?wer to locate 1 e. oat of government temporarily, which we have t e do^ erato 1866' ch' 'f ^ so^henL s tmtSTa /id In w ? J >y the 5th soctioi, of thU the sl?i ?r* it : l^x-iite, from tlml periu l in 1800, the seat of government at Philadelphia ? Not crtainlv ?uchdiIfrfet,V! Utl0n u *raut' for ,h:lt "f ">'ly ^ as may by ccsaion of pa rticular States and the aceeptanco ?f angr. ss, become the Mat of govern iw-nt of the I nited Mates," language gratified l>v what Wwh^SSr \? lhC J,i"trl<:t of ""I the JJL Vil i5ton; hut never by iny transaction in re theiloi at n!?l? K Philadelphia. Henne the location rr,i:lH^r:inaU-! ,,la00' ttSHUmin? it to hure been . " / "I aI!j wuit by one following necessarily from ^^acte7BHthi^C^'!ne<1,byyi,tueonk0c',UK,it'lti"n' utin .1.1 68 "Pinion lias already become, there is Obi^rr,S?rin Whfc,U th0 su,'jpct ^ limi! f,?.. iT .> , ^ncluiioos may be supposed to be ihl ^r l? ?[luse "Vbe "<l ??otion, heretofore ouoteir the i^ernonH thuKelected .hall aHseinblo," ftc. 1 ' Ot tho'o nnl " ,futlou ca? scarcely bo the first branch such ?2S?!Li t,hat U"'y " H'lU" assemble at nppoiift"^ SUC ay as Ul? Governor shall Ihere are two views in which this part of the section fullne h of?!6' ' ,n,l'ilht'1' of which would affect the right tioS of ? J"!'r au ing' 'low('vor 0,,e ?>t?ht produce que. "?,hr?',sa?r ,h* -?? a*. Ihe flrit i.i whether the audhority to desimmtc the wa" no| subservient to the :11h: sec. egtablUhlmr timporarily, the seat of government ai, I'ort Ixiaveu not h ve't n h' ,w,?ether "H ,lue c> u, -(ruction would tort and n i? i "?P*nt some particular place at that tort, and not any place outside of that. Assuming that no nubiequent legislation of Congresa had l-' pealeil the oi,tLS.i?'' T co,lcedin8 what u distinctly implied in the <s it-o i ? y"U' acf ? ' hat the only place for legislation ? ,i "["tof govoriiment? this construction would follow 14 would ^ 1,10 "n'Jr construction iect to2??erlS?y0 ^,e'7t"a.r' ?rthe Ktatu,C UP?? this sub V. il n < 'h? construction of statutes this **" ""M *" "? """? ss:?ra: s^stx? M ?"? Ihe otlior view of it is that it has been perfectly iratl lle.l by your assembling at the time and place pointed out dTo rfX"i,aman0" ,,1,he Governor, Wifh' ut^uestlon of tend tf.i i ? 01 ! jrou '"P-'her there and then. To con it !J i cxacl" mor?. und that you were required by it not only ?o to meet, but there to remain can onlv h > successfully done by interpolating words whirh the wii dom of Congress did not ?ee fit to insert it Id b* but to press to a little greater extreme, without a differ enee in tho ^inciple, tlio severity of Sis Xm. If it noTilrl 1^ c",n iJo<1' J?;"1' having assembled, you hri l ? Z?m ailjouin until your session was finally closed there being no recognition, by any language th re t .un. of a right to reassemble after adjournment U"d' ation?JTi'i.ayVmcntJ.e.nti,k'd to particular consider J Jvea from this section in derogation of your ?L il , H0"*bt for nut in this language, which R8 wo have cliown, has been literally frriLLifiad hut in ?!.?! succeeding word^? the day of^eifmmen^nVof Se regular seBsions of the I/pislative Assembly" ??shall be fmnor} hy law. ' 11ns may bo considered as either inipMing an injunction, or as vesting an authority If the foitner, no wfereucc unfavorable to the afli nnaifee of L^a^utvwhafw'm- ^heywouM but meS y . ! ' "therwise have been left to y.?lr discretion, and to require you to fix the period of emn mencement ot future sessions, insteail of leaving tliis to to\^c first pes *iom?D'fr0''8 ^ f"r ? ^e. 4m,eanin? to lw a delegation of power an argumeut might be presented not totally destitute of ?> semblance of force in the absence of any other ^ proton touching the legislative authoi ity of the Territory an I illustrative of the intention of Congress. its adZ ales rtbAtbn r?rCe ,ruI?.? Principle which has us auvtxau.s, that the enumeration of partieubtr ei cludes moie general grants of power-one, however bv no means conceded, but while maintained with earned Th^i """l0' 'f denied with conl|ieuce by others amonir the latter of whom Is prominent' one of the most diatin* guisbed jurists of this country, and the peer of the most famed of any ether. Story's Com. B. 3, !?. 812 ' It is not necessary that we should deny it. Its recog nition would not militate against our views since i?s most unquallfie l concession would be restricted bv an ?n"e Vhut in tlieVb H hi I ^ t,how a differen t intention, as well !*LJ K already announceii^that rule \n that all Htatutes or jiarts thereof, relatiuir to tho samn Hnhionf to^ffhre c?nKl;,0.rred tf?other, and so mnstrned as ?^n?^K .-T ry P*'1' ,f Pru< <lcftble, its effect. To " sume, therefore, upon this piinciple, a negation or voor Sl.Trfi!0 anything beyond the fixing ol the time of your future regular sesniuiiH, would be mthout au 'liorilv 1 allki1?h,,rvj<LP twlf' Ucau'c it would be to discard .? the JMth sec. confirming leglaUtive r>ower l 1 t tloB?hU?V? 18|6^' 107 j 11 w?uld be first to adop^ a ciues Ci'ltUi!T on|nWH Inapi* licabli?? UD<'er ^fSy of ?t^0tsTt?M^tn|ve r^y'Two" ????!??"'?' %TSS5sfer A. J. 1SAACKS. KANSAS BACKING OUT. The following in the bill introduced by 9r. Stvingfellow in the Khihhb 1-egi-lnturc providing for u convention lo fcim a State constitution:? Section 1. There shall be an election held on tlie day of the election of the CongrCKtionnl delegates, to wit: Kirst Monday in October, 18fto, four delegate* to u eouventiou to form ? State constitution. Sec. It shall be the duly of judges of election. at tho seveial election precincts, to cause a poll to Ik- opened with two column* ? one headed ' Convent! n," and tho other, ''No Convention," and the vote ot ouch voter ,-hnl 1 be set in the appropriate column. Sec. 8 The Judges shall make return* of the votes for and against convention, and for the difl'e eut persons voted for as nu mber* of raid convention, in the sam ? manner as is ri*iuir?d by law iu other election). Sec. 4. If, upon Humming up all the votes polled, a ma jority shall appear ''lor the convention," then tho per sons who shall lie elected as is provided by law in other elections, shall on the lirnt Monday in Docembor, 1866. meet and a -soluble ?t the town of Moompton in f*MnU convention, and shall hare power to form n c. institution for this Territory. See. 6. 'Hie convention fhall bethejuilge oflt? own p-l vih'ges and election!, and the members then >t shall h*v? the same piivilcges and pay ol members of i. c Legisla ture. Sec 0. In cases of contested election* to the convention, the contending candidates slutll pursue the same course, Hnd lie governed by the same rules as are now proscribed by law in contested election* to the Ijngi latore of this Territory. Sec. 7. If a vacancy occur in tlie convention, the sum" ?hall lie tilled in the same manner as prescribed by '? w for Oiling vacancies in the legislative Assembly. See. 8. The constitution formed by the convent ion shall lie depoflttd In the office of the Secretary of the Terri tory, and it shall be published. Sec. 9. At the general election, In 1866, at the several election ptvjincta, In this Territory, the judges of elec ts n shall c.Hi-e two columns to be opened, headed one "For the Constitution," and the other ''Against the Con stitution,'' And raiise the vote of each voter to be act in the aiipropriAte <-olunin, and certify tlie votes so given to the clerks of the sevetal County CmiI>, who >li?U certify the same to th-1 Secretary of the Territory. Sec. 10. It *h\! lie tho duty of the ffccretory to lay be fore the Oneral \sv>mbly, at their repular *<?>vvn in tho year I860, Use voto for railtication or rejection of tlie constitution, end if it shall appear to tlx irenecul assem bly in joint meetiusr. that a majority of all tl?> Vote* riven hove aeoepted tlie constitution. tl*y slial' declare ?he same to lie tii? supreme law of the ferrlloij, and f irthwlth proceed to elect two Senator*-. one C r the ?j-irt term and oo" for tlie long tei m ? and by 1 1 .? in trans t a copy ol the saj.o- to the Congress of 'lie United State", and apiily fur s<l-.tUs|i>n as a Slate, SK",'. 11. Koch (Wiiiicil Hk trict shall elect tLreen em igre of convention for eosk 'ounci.nuii bey hs.ny be on tltle.1 lo. n* above bill **? rej?,vt<-<; by the cotnmlttes to whom it was inferred, a- ?ili be sett by the following report: ? Tlie /; inimlttee to wlnun was i et'ei red Dr. Sti ingMiow's art to provide foi tlie cat.' of a ? ..mention to form a -^tato ei nstltut* m, reported ? tLet it vould he premature to provide for th< idling ot a cacvrntion lo form a Sto'e constitution without flr-t ? the iiuc-Hun to the people at the poll". as to whi ther they ieslre Mich a s'?p to lie token, < van if the proportion was concluded that we po st'*, or will pmse**, by the proposed tiina. the requisite imputation. rhore are oiber reasons im jsninncf which vould tend to tho ronvn'tion that jhe lull is primal ur?. which will ap]>?r from a mere siig K?..tii n. Kansas vt ill apply for a<lmi'4<>n as a slovf Mats, and if adiultt*>d at all, it must be done poi tly by Northern votes. Iu the pren nt state of (tnoticaf ex citement existing in mw of the non slavehoiitng States, tbire is some doubt iiMther wo would bo admitted into tin 1 elm with a slavery elause Ig our constitution; for it will I e . barged that horsas does not possess tlie ie |iii si'e pi-.| ulstjon ? a chn i go ?bicli cannot bo stot<*ti<*ally and efl iially refhtod. In view of all the i ircim^tonres, tlie c< ii mitt?? are of the opinion tint Kansas should not it 1 1 ly for admission into the I'nlon o* lung as there is a uiiesttan as tn her right to d<n<4nd edriiis sUin by virtue of the constitution sn<! laws of the t'nlti <1 Mates. ? "P.e romniiUee herewith prep ?o a i nstitute to ?lie aid Mil, whielH^ovides the Initiatory -ti p? *he calling ii .aid convention Th*y W' u'd, th?r*f? re, r? rvuva.end | the rejection of (aid bill, and the passage of the subeii tote " JOSftW C. AM|)KH*OV, 0. II !!HOWN, Y J. MAKHHAIX, Tb? subet.tuU wu f read twice, aod comidcrcJ w. en groused. TI1K WAY MH. BPTl.EB W AH lNVITEP TO LEAVB ATCHISON ? Hlfl OWN STATEMENT. My residence in on I ho Stranger Creek, about twelve miles f i ou i At<-hi?on. On the lfitli of August 1 went to Atchison lor the purpose of taking ft bout down the river. Mr. Kelly is postmaster at Atchison. After trans ailing some business at the pout ottice 1 suid to him; in presence of Ar-h 1, Esq. "fir, I should some timesmce Lave become a regular subscriber to your paper, only. I do not like the spirit of violence that characterize* it." He ?uld, "I look upon all free pollen an rogue*, and that they arc to be treated a* each." 1 replied, ''Well, sir, I am a free *oil<-r, and expect to vote for Kaunas to be a treetftate." lie said, "1 don't expect you will be allowed to Tote." Not another word was spoken. 1 left the hou?e. Nothing more transpired on that day. The next morning Mr. Kellcy enti re*! my boarding house, followed by number of mi n, and MimWI me the annrxed resolutions, cut out of the Squatt/r So<*rri/jn. and pasted on a sheet of white paper, and demanded thai I should sign them. I commenced reading the resolutions aloud, having first glanced my eye oyer them. I wanted to give myself time to frame a wise and prudent nnswer. lie fiercely interrupted me, and demanded that I should sign. I felt that I wanted impartial witnesses to what should trans

pire. 1 rose op, walked down stairs, ami into thectreet. Here 1 hey stopped me, and demanded, "Will you sign l" I said "No!" They seized me and drugged me to the river, cursing me for a d d abolitionist, und saying to me they were going to drown me. Arrived at the bunk, Mr. Kelley went through the very interesting ccremoDy of pointing my face with black paint, thus marking upon it the letter It. This ceremony being ended, and the company having now grown to some thirty or forty persons (hoys In cluded), for the space of about two hours I became tho target ut which were hurled ull sorts of missile-*, in the shape of curses, Imprecations, arguments, entreaties, ac cusations and interrogations. Acting on the principle that the holy itoman inquisition is tight when she de mands that the prisoner shall testify gainst himself, thev proceeded to question me concerning my motives, actions and intention: while I replied, hs best I could, that my coming to Kansas was projected before it became apparent that a controversy would arise relative to sfavety; that 1 CMse for reasons independent ol' and ex traneous to this question; that I never bad any connec tion with any emigrant aid society whatever, pn I that I never made any communication to any paper, in Kansas or out of It, concerning Kansas affairs. I even proffered them, that if they would mal.e out in my presence an impartial report for the Si/ua't'-r Shmreiyn 1 would make no report to other papers of this outruge upon my person. I was not accused of tamper ing with slaves. I explained to them that I could not countenance any interference with the relation of master and slave iu Kansas, while that question remains an open question. "The very head and front of my offend ing hath this extent, no more:" 1 had spoken among my neighbors tnvoral ly to making Kansas a free .-late, and had said in the otbee of the Squattn- Sovereign, I am a free seller, and intend to vote in favor of making Kau sas a free State " At length they came to consult what they should do with me. Ira Norris, Esq., late resident in Platte City, and Clerk of the County Court of Platte county fa Yau kee by birth and education), came to mo and said: "Mr. B.,Ivvtll nd\lseyou, for your good asafrieud, wh en you get away, just keep away." 1 said, "Sir, I exp.'ct to go away, but I intend to come back again." I said, "I cannot leave; 1 own real estate here close by Atchison, In the State of Missouri, and I have a claim on -trunge r Creek; I cannot leave." Some one remarked, "You can sell your claim through an agent.' 1 suid, "1 will neither sell my claim through an agent nor in my own proper person. If you da not take my life, I intend to live on it." Thoy said to me again, "Wall, -lay on your claim, but keep away from Au-hi son." I said, "Gentlemen, if you do not take my life, and Providence permits," I ?ill come back t > Atchi son. " They said, "If you come back to Atchison we will hang yon." TTiey offered to show me the very tree on which they would hang me. Ibey made another proposal: ? "Well, live in the coiiDtry and vote as you think best, I hold your toDguc." I said, "No, I will speak whr < . ;.le*M." I said. "Gentlemen, I have done yon no n.> I had as good a right to come here as you. and 1h?mj as good a light to speak my mind as you. I shall do my duty as 1 understand it: now do you do the same. You are many; I am but one man: dispose of me as you think best. 1 ask no favors of you." They sent me down the Missouri river on a raft, with out either oar or rudder, the editor of the S</u.ittrr ,Sopc riiyn holAig the rope that towed me into the middle of the stream. My Pag was inscribed as follows :? " Eastern Emigrant Aid Kxpiess. The Iter. Mr. Butler's Agent for the t'n dergTouud Falhoad." "The way they are served in Kaurns." " For Host on." " Cairo insured, unavoidable danger of the Missourians and the Missomi river ex cepted." "Let further emissaries from the North be ware. Our hemp crop is sufficient to reward all such sooiindreLs. " . Of the blazonry of my flag, I will not speak. I shall not tax myself or the reader with details any farther. I have hearu of men before this, who were said to "look as though they came down on a raft." I shall keep these colors, under which I have made my first voyage, as a mem' nto of these evil days. While I was iu the hsn?s of these gentlemen, (they don't like to be called rufllans,) they taunted me with the assurance that 1 could make a fortnne out of this af fair at tho fast. I desire neither the wealth nor the noteiiely that may be purchased by such means. I de sire to be permitted to remain peaces ?ly in Kansas? to attrnd to my own proper businest ? and to enjoy those rghts which are sacred to every American citizen; I ask to be let alone. Very respectfully, I am PARDEE BUTIJR. Steamboat Polar Star, Missouri river, Aug. Trouble Among the Cayuga Indians? Depos ing Chleft. We hnd the following 'document in the Buffalo Adxr liter of the 31st ult. Whereas, the Cayuga Indians residing with the Sene cas, met in h general council on the 25th taut., on the Cattaraugus better ration, to take into consideration their pio-eni condition as a people ? a report wa.s made to the council, showing that there are but one hundred and thirty-four souls, remnants of the once powerful nation of tie Cuyugus. in the State of New York, who still re side within its limit*, near the ancient seats of their an cestors. The Cayugas are occupying the land* of their allies, the S-'cnecas, baring disposed of all their lands to the people of the Mate of New York in 1705. iThe same land* which now constitute the county of Cayuga in this State.) And whereas, the Cayuga people still adhere to the shadow of a national organization, having nominated four chiefs, comprising I'eter Wilson, Thomas ( Vow, Jo seph Ibaac and Simon Isaac ? these chiefs having little or nothing to do for the internal government of tlio Cayuga pi oplc. they being in a measure subject to the govern ment of the people to whose hospitality they arc indebt ed for theii residence. Hiit it would seem that the principal business of the leader ol these chiefs was in devising scheme , for the last eight years, to plunder the small annual annuity created by the ^tate for their lands sold in 1795. In this they fvive admirably succeeded in respect to that portion of the annuity which falls due to tM Cayuga s of New York. And whereas, the Cayuga people are too p<mr and needy, and cannot therelore consent to be taxed, as they have Iwcn for the time stated, at the rate of ("> to $10 pur capita | or year to support the extravagant expenses of s?ine of their dissolute chiefs. And whereas, the chiefs give no promise of a better conduct for the future, and no guarantee of a better treatment of their people; but, on thecont ury, threat - enings of a worse character are announced towards them, l> the fitate of New York, in the exercise of its guar dianship, ooneeived in humanity toward* t lie red man, dlrectod the said annuity should be paid to the people ]*t capita, instead of the whole amount to the chiefs, as heietofore. This direction disappointed the calculations of tlie chiefs, who feel grossly aggrieved, while the people, on the other band, are rt-joicing in having received all the money which was due to them from iLe .-'late for tiiis year. Whereas, the future holds out no bright r>r""|iects to the Cayuga people while their dishonest chiefs o-cupy the position they do among them; therefore. re ognUiog the great truths that rulers can ju> tly exist only for the benefit of the people, and that every people has an un alienable right and power to create, modify and change their rulers front time to time in such manner as in their judgment will best promote their internal tranquillity s?id happiness, and being fully impressed with the con viction that this power of subversion or clutnge should be exercised with caution, and only for substantial rea sons, tiiis Council do -silemn^y declare that the chiefs. I'eler Wilson, Thomas Crow, Joseph Isaac, and Simon Isaac, have to secure the welfare of the Cayuga pecplc. Lave pro\ed to be unworthy of the public trust. Therefore, through tlie exercise of the ri^ht of self government, we do hereby resoWe to depose, !;nd do by these presents depose, I'eler WiUon.Thomas Crow, Jowph I>nac, and ."imon Isaac, from their chienainsliip. and tl icy shall hen afler be knrwu only a* Cayuga warrior*, snd as private individuals, without possessing any .if the powers and privileges of the Cayuga chief". To fill \acancies thus created by thr deposition of there chiefs, we do hereby nominate, eh . and appoint with the full concurrence and approhat I ,. ,>f the clans of tbc Cavtign people. Jacob li., Senc ,i chief and sa chem, in the place of I'eter Wilson, i t osed Onrdiner S. York, chief, in the place of Thomas Crow, deposed ; Samuel Juhnmn, chief, in the place of Simon Isaac, de posed; Chsriee Cooper, chief, iu the place of Joeeph If a ac, deposit. It is now d eclat ed that these newly elected chiefs shall hold snd fiwurs all the power.! and privilege of the (V yuca Chiefs, snd all their official sets from this date ??ball I>e rccopnia'il as the acts of the chUfs of the Cayngi people, residing iu the said State of New York. Triis act is doae In pursuance of the modern and ap proved mode of ?V'poslng and creating chief' founded upon the supposed natural rights of man. To the eud, therefore, that the act should be known by ilie whole world, these proceedings are authorised to be published. I one in council tlii* 2Sth day of August, 185.'. Wttnesaes: ? .KillN >KNK< .V, WM. KNANST5. Ii \\ III CROW, SMITH WHKH.BABROW, CASJiEli MHKNESR JONATHAN BONE. samiki. now i?N, noah kinc,. JA.MIS -l'HIN<;, MO<KH THCNfAN, In India: of the i 5s*?g.i people. yot NO < IIII K, ' JOHN COOK, Oi ai rs. Dr. twftios ok a Railroad Dkidoi rv Firr-? Hie sis 'in oi Ore last evening proceeded frmi the light r?ii' cd by 1 1." I lining ot the Rensselaer and Sarator* Railroad h,*idge, (hut north /if Orccn Ulajid. It was &60 feet In l't?K<fr< *'d cost tlJOuO It I ? tnul'y destroyed. Ihere was on<* insurance n( $6,000, but wb? 'her any more "r not we sould pot lesrn The Are Is s;ipp?,?ed to l ave hern the wo.'k of an incendiary, t t no train had pa'feil fir nearly fit . '* h ** >>efi *? 'he '.re f i k? r ,t*~ JfNi*; ? /. PolltleaJ lat*tilgtnee> TUW NAPHVILLB KNOW NOTHINGS. A I *fgd imclini! of tho American rarty '?A* * '? W Naihville, Tenn., on the 27th nit., which wan addr> s-i?d iijr Genera) /ullilolTer.wlio has just been re-elected to I'on gies*. 'I he fallowing 'esohitions, wliich go to show thut Americans m is rot jot dead in Tennessee, were pa-sed. ? Vn i Ived, That we most cordially approve and attirm the pi inch les of the platform adopted and published by the tilted CfltUJ'U ol the American purty m the city of l'LUadftybia, in June lout. Resolved, That we Are not discouraged by the partial reverse of our muse in TenneMee, hut feel the most en tire confidence in it* success in the canvass of 185*1. liesolved, That we cannot too strongly impress the ne cessity for locslt^pnization u|xm our triends throughout the State, beflCnTg that such preparation will insure a triumph mere certainly than all other tlds. Kesolv ed, That the campaign has not been closed. ?nd that we will stand by our colors till we emblazon them with undisputed victory. IMPORTANT MOVKMENT OF THE ABOLITION PARTY. It will be seen by the following address that the repre sentatives ot the- twelve States which seceded from the National Convent! -n, at its session in Philadelphia, have decided to co-operate with tho section in Pennsylvania, as proposed by the action of the State Council at Read ing, thus making thirteen States which will meet in con vention at Cincinnati, on the lilst of November next: ? TO TUB AMERICAN PAKTT. The undersigned, committee of correspondence, ap pointed at a meeting of delegates from various States to the National Council at Philadelphia, held at the Glrard House, on the 16th day of June last, after a full inter change of opinion with each other, and upon consulta tion with friend* in several States, deem it expedient that a National Convention be holden at au early day to take i ucli counsel and action as circumstances may require. We therefore recommend that such convention lie held in the city of Cincinnati, on Wednesday, the 21st day of No vrmber next. The committee would urge U|?on the State Council of every Slate approving of our purpose, to take prompt measures to send a full delegation to said convention, each State seating the <ume number of delegates as it is entitled to votes in the Klectornl College ; and in the event that any State Council declines or omits to elect dele gates. the committee suggests that local councils or indi viduuls take such steps in the premises as may bo neces sary to sccuro the allotted lepresentation to said conven tion. In this convention we earnestly desire tfl see repre sented all tlw>se who arc in favor of civil freedom and re ligious liberty; all who aro opposed to political priest craft and eecwsiustical tyranny, and in favor of the pri\ itege of worshipping tiod according to the dictates of individual coo science; all who oppose the importation of foreign paujiers and criminals, and who favor an exten sion of the period required for the naturalisation of fo reigners; all who are in favor of per|?tualing tho Union of these States, of purifying the ballot box, of preserving national virtue, and of bringing back tho government of the country to the enlightened patriotism of former days; all who aro opposed to the violation of national laith by the reckless sundering of sacred national com pacts, and who are in favor of "the unconditional resto ration of that time-honored compromise known as the Missouri prohibition, which was destroyel in utter disre gard of the popular will? a wrong no lapse of time can palliate, and no plea for its contlnuauco can justify." To the consideration of these and kindred subjects we cordially invite all, in any aud every State, to meet toge ther, and in a spirit of fraternal regard, take counsel of each other. tionuivi S. Omit, Indiana, A. McKay, Ohio, Hknry J. Gakdvkr, Massachusetts, D. E. Wood, Wisconsin, Stbtiien 1). Saniwix, New Hampshire, M. A. McNaucuton, Michigan, .f<|^^p^ H. Hark kit, Vermont, P. D. Pet*, Maine, N. I>. Sherry, Connecticut, W. W. Dankniiowkk, Illinois, J. C. K.Miiirr, Rhode Island, Wu. Loiuiihkuxik, Iowa, Committee of Corresponlence August 21, 1855. GENERAL CONVKNTION OP RADICAL POLITICAL ABO LITIONISTS AT BOSTON, MASH., ON TUESDAY, WED NESDAY AND THURSDAY, OCT. 23, "24 AND 26, 1855. [By appointment of a similar convention in Syracuse, N. Y., in June last.] The undersigned, a Committee of Arrangements ap pointed by the Central Abolition Committee, are autho rised by said commiMee to Invite a general convention of radicalpolitical abolitionists in Boston, on Tuesday, Wed nesday and Thursday, October 23, 24 and 25, 1855, for the purpose of discussing the illegality and unconstitution ality of slavery, and the power of the federal government ever slavery In the States. Also, to provide means for propagating the sentiments and advocating the measures of radical political aboli tionists, and. if judged best, to organize for that object a national abolition society. Among those ted to be in attendance and take part in tne proceedings, are Gerrit Smith, I-ewis Tappan, S. 8. Jocelyn, Frederick Douglass, A. Prync, I.. C. Mat lack, A. 0. Ileman, the undersigned, snfl o'hers who may be announced hereafter. WILLIAM GOODELL, I Committee of J AS. M(CCNE SMITH, / Arrangements.* NEW YOKE TEMPERANCE 8TATK CONVENTION. On consultation together, ami by the advice of several Srominout friends ot prohibition, the Temperance State emmittee have decided to postpone the time for holding the State Convention of the friends of the prohibitory law. It will, therefore, meet in the City Hall or the city of L'tica, on Wednesday, the third day of October next, at 1 o'clock, P. M. Wm. Richardson. Albany, Daniel Wardwell, Jefferson, Horace tireeley, New York, Benjamin .loy, Tompkins, K. N. Havens, New York. C. Hathaway, Delaware, John I. Suffern, Kockland, l.alian Hoskins, Cayuga, Kdgnr B. I'ay, tireene, 8. C. Cuyler, Wayne, Jas. W. Andrews, Saratoga, Moses Tagcart, Genesee, Leonard Giblis, Washington, Almanta Hutchinson, Or Wcsley Bailey, Oneida, leans. Temperance State Committee. September 1. 1856. Hon. Charles 9. Morehead, the newly elected Know Nothing Governor of Kentucky, will be inaugurated into the gubernatorial chair at Frankfort to-morrow. The Pacific Railroad. TO THE EDITOR OF THK NEW YORK HERALD. I wish space in your columns to refer to an arti cle of Mr. C. A. Hand, of Ijincaster, Mass., on the subject of a railroad to the Pacific. Mr. Rand makes selection of a route to the Pacific which has already been selected and explored by another individual. He presents views thereon which hare al ready been presented in the report of that route. He ad vocates a peculiar and novel plan of construction, but does not state from what source of information ho re ceived the idea* on this stupendous pructiiul problem which he has thus made public. Now, such notoriety a* may accrue to this plan of Mr. Patid. of early communication by rail ? its failure or suc cefP ? is due alone to the Individual from whom It first em aitacd, and to that practical civil engineering profession of which he Is proud to be a member. It is the result of over two yearn' professional study (in the far interior of the American continent, and in the passage of over 6.0(0 miles of unclvilixed country) of those great obsta cles which cause this project to differ, us a problem, from thoFe of lines extending through deui-oly populated re gions. It was first presented by the undersigned, then esti mating engineer of the Northern Pacific Governmental txpedition. to Governor Steven*, of Washington Territo ry, in charge ol that exploration, on the 15th of Februa I ry, 1664. It was afterwards submitted, on the '23d of November, 1864, to the Congress oi the t'nitcd States, in n report ot the route now advocated by Mr. Hand, by the undersigned, then chief in charge of the Central Railroad expedition, organized under unanimous resolu tions of the legislature of Washington Territory. As the printing of this report was delayed in the de partment which "us made the channel of transmission to Congress during the debate on the Pacific, railroad, a Synopsis ot this plan of construttion, hurriedly written mid minted in pamphlet form at the expense of the un dersigned, was laid onllhe tables of the memtiers ot both houses, and thus obtained a limited circulation through the country. A copy of this pamphlet is sent herewith, that yon may compare It with the article of Mr. Rand, and I merely wish to state that I have expended time, htuiltli ami pecuniary means in an attempt at the aolu" ticn of some of the difficulties of the I'acifie railroad question. My report, diirering from tha conclusions submitted of explorations more officially conducted a a the observations of the practical man may be supposed to differ from those of the theore'ical observer, transmitted under the unanimous resolutions of an important Territory, and called for by euipha tic resolutions of the House ot Representatives, has not yet reached its destination ; but it is ''the last feather that breaks the camnl's back," when the honest convictions, which are the result of so much mental labor, anxiety and exposure^ liave met such opposition, and have only w<>n attention to their peculiar character by my own unaided efforts, become the matter of the original newspaper communications of individuals who ha* e certainly uever yet enjoyed the fc liclty of keeping an engineering note ! ook, while sub sisting on dried mule flesh in the snow drifts of the Rocky Mountain passes. I will conclude this articlc by "aylng that the route ad vocated by Mr. Rand, extending from some central posi tion to the Mormoh City, and thence by a forki d road to San Francisco nud l'ug' t Bound, is that which I have In variably advocated; and aa to his plan of construction, I offer the following extract from my report to the Cen giess of the United Slates, vl*. "As the result of such professional experience aa I am cble to bring to bear upon thui subject, I wish definitely to statu that the whole engineering question reoolvea Itself Into obtaining some rapid and effectual means of transportation along the route of the grand trunk road, that it may l>e con?tructed at all, anil that the entire question ol tho construction of a first class grand trunk railway t-> the Pacific resolve- itself into the prior con st ruction of a railroad to the Pad fie of less elaborate 1 C' f r*rsn>mlt documents to substantiate the above, and remain very respectfully, your obedl. nt servant, ' ^ m.i>. W. LANDER, late Civil Kngkiee# Pacific Railroad Kxploretion. Orkkn, thb Diver. ? The steamer Plongkboy, whl' h arrival yesterday morning from Port Stanley, brought down Mr. John Green, the diver, whom she picked up in a d'saMed condition near the >r?ck of the steamer Atlantic. Mr. Green had been d'iwn to the wreck, and had succeeds in finding the che^t of the Ameilcan Fxpre--* Company, which contained a large amonnt of money, and while reconoitering his legs became paralysed, and he was dra>n up by hi attendant, in whl'b condition b? waa brought to this ci y. At Up time he w?s unable to use his lower extremities bnUsince his srtival he is rapidly recovering the n?e of his Mmb", and expeefs to be able to res ime the w >rk In n faw days. Mr t.reen attributes the a'tack < f paralyis t.> his hav itg gore into tie' water in a be?tc<l .(?'? and wfcl s covered eith j resj,: n ^t -f ak, I Inttrcitlng from l'?ntnU A w< ? ?? ... OPJl HIVA> C01UUMP0NDKN.. . . Ktv.i* \ . iw. Political Inuwu of th I SUi't : f f. lo 1 1 {I, bYatki* ONii ,S/ 1 4 w ? /At nqcrou. I . i,f ( P?ific Tnulr?PiJiy nf th: Tratui' < ? JVeio Charter? Yank^ HmlgraHim U> Ho <M* .stall are HuM?AitivUy qf tlu. A y. 11 ? . ,-Un i Englanti. If the United State* has any interests hp ? >s qn time she send au efficient ngint lo look .. ? . Ii mo. it be of any importance to her whether it m, . vtiistn monarchy prevail in Central America. . ,ior tb States be friendly to her, iter iustitution- a u ! t'.-iple, whether they be hostile, an?l under the .. nd p taction of England, Fiance find Spain: who 1 lo a of war with either of these powers, on- if 1 ? incij highways to her extcitoivu possessions on .h ''.cillc through a friendly country or through a h .? ' ? one 1 der the protection and control of her cn> . 1 whet the capacious Gulf of Fonseca, with Ttgre Ni l I, be o ?erted Into a l'rltlsh naval depot, from when ? to s< forth cruisers in timo of war to prey upon uud dest our commerce on the Pacific ooast, and aui.tiy cut < ur communication both through Nicaragua and by nama with our I'aciiic possessions: it sle a. anyinl ? bt in these matter*, it is time that she set- i .' it 1 gent qualified and efiioient one? who will labor to : I vance ] interests, even should they be found antagonistic to txclusiive privleges of the Accessory Iran it .upauy If she do not do this soon ? perliaps ii i too late ready? she will find ere long that she ha- n thing in t quarter of the world worth looking afte. . It may 1 i-kcsl, has she not already two resident Mlnii- c 1 in C tral American Yes, she has, and if she hud to. ty n? with the fame |iolicy, she would only be furiy times worse for it, for they have done nothing but pi ejodice interests of the American people by assuring '.be Jesi leal oligarchy? the Anglo-Spanish party, the Mart* t is laboring, in conjunction with the agents 01' hiigla France and Spain, to contort these States 'iiiosonu petty despotisms, under thn protection and . ontro England, France and S|iain? of tho ym;...; lues 1 friendship of the lulled States, and thu? ti.'irten and discouraging the republican party l'r; .<"y to United States, her people and institutions. One of these ministers re.- ides at the Com t ..this Ind Majesty, C'arrera, the President Emperor 1. Mtenu the creature of the Jesuits, and the 0f E lish and Spanish agents. What lie is doin. H etc lie be coui ting Jesuitical fuvor for Mr. Mm ? - vh0 is only American in or out of the governm. n u ihi lar with this party? to be used in the u.- edden election in the United States, it 1h impoe-db:. o ,once| Many and cogent reasons might be pveii i ? te'.t that time and space will not at present p. . .? ?. Tho other has presented hia credcnti.:' '10 timate" government of Nicaragua, the / >.''Ck?r and the Jesuits, and favorite of England r. -,.in Wheeler, however, is the friend of the A, ? , Tru Company, whose interests he represent I is to interests of this company to keep Yant 1 rs ou tho couutry, for should theie ?>e a Ya ? .. m: colo or any considerable number of Yaii!.e- tiers the country, they wuld require tl ? , i- ilege nsrigatiju I^kc Nicaragua and its oull-': f -^n Ji river, with steam; and ii it were possihh vv ild b that privilege. This is 'a privilege granted e? ?! sivel the Transit Company, and which the eun.|.iny is : aware they have forfeited, ami consequently luve b lor tho lasttliree years moving heaven aud ?.i ih tog new contract, refusing <0 ^ettle with the g v , nment any other conditions. Ilie company, know. n" , he in ence and power of the late President, Cliatn .ro, r him a present of an eight hundred dollar > >0 1. bu was not so easily caught as they had exi e. ,1 md , laughed at their stupidity. llie present charter of the Accessory Tiao- ' Cotr ny was extorted from the government of NI.-m ?? ua w she was in distress and was obliged to grant. ? hi eha or succomb to a revolutionary party. The 1 . my * the (?eneral'in-Chief at its bead, had rebeli" 1 ; <ten capital, and expelled the 1 'resident from the Jte. government re-astcinblod In Granada, but w . Imost tlrely without resources. The arms ao-i ? .urce. the fctate were in the hands of the rovolu'i istd were daily augmenting tl.cir forces, and s<i?u , ..pec'te attack Granada. At this Juncture, J. Wt..'. made appeurance in Granada. It was reported J at he c. with the view of getting some alterations . ...ide in charter oi the Nicaragua Transit Company, fiat th( ??dutionary government at Lean was willim- and anx to grant ail the privileges asked by Mr. Wl.. e- tha preferred flrst to apply to the legitimate g.iv.irnm that be was ready to advance several thousaml dolla just what the govei nment wanted, and wa? :u no?t b of? and which would enable it to purchase : m , and munition, in short sustain itself against the r. r ,|ution Atter these reports had lieen circulated, Mr. ' ''bite n his appearance in the Senate chamber, eock<*| fee tn the ^ecretary'rt table, and demanded the f re ;ent c (er of the Accessory Transit Company. The Senators were shocked at the impu.e ,ice ol man, as well as the exorbitant prfvil.-g. -. ? -ked what could they do V if they relu-ed blm he - -uld at to the revolutionary government, and then hey 1 lost A Senator speaking to him upon the ul ject, 1 "I told my colleagues, who were oppose,) ?1?ran such exclusive privileges, that If we t< "u- him would, by applying to the revolutions ryg.ive '.incut,' his feet upon our necks, as he did upon .he -' creta able." The privileges were granted. Hie Honduras Cabanas republican or < . ratlc ty Invite Yankee settlers in this country, an- offer t ands. Should thb party be successful, and .. few t Yankees be settled in the country, they would notonh fuse the company a new charter, but would so . 11 kick out of the country with her monopoly. This she awar 8he is also satisfied that if the Can-era Gu?t.i.iiela ns '?legitimUis" are victorious, lew Yankees will . ver ? here, fcr this party is extremely hostile to America calls them ' 'enemies of our race," "enemies .,t' our lteion," "dam na Ide 1 rotestants that have no other r ciple than atbirst for gold, gold, more g.. Id; , race bas neither religion nor humanity." (I qu. t. from public presses.) Hence, she gives her uiBi.' n.e to ^ ?uc<oed?'l i" getting the Min ,;er of I nited states to present his credentials to the Cresi of the "legit imate government" at Granada, " i.h th. ClSted*States ",mpnthy and friend-hip" ol It will be recollected that at the close nl M, Sou mlaslon here, Nicaragua. San Salvador i nt fiondt were extremely friendly to the Unite.1 Stnt.M , -r i lS! 1 vaDd P^'Ple\ '<iuc* that time. Im, rtant An'orictX"^ W*de " ^ In Guatamala, Don Rafael Carrera, an illit. ivt? Int has been proclaime.l President for lire, with the titl ?taptain-General of the Army," "Knight 0! the G Mill'*ry Order of Gregory 1 li? lire 0! the Grand Cross of Gaudaloupe of Meti.- i ' "Kr of I.eopold of Ilelgium." "President of the li' i ublic 1 Mvetfcemark) ofGuatamaU," Ac., 4c. wHMhe p. to name his successor, create titles of hou. . ml d& lion ? all the atributes of royalty. In Nicaragua a fierce and bloody conte-t i- . arini tween a party that has established, and i , , iSivi at the point of the bayonet to sustain, the n ? nr ple^ and form of gorerDni?nt that one rc*r air ? cxhiti (?uatamala, and at present exist in Costa Hi . ?Oti ?Tin? Kince und,,rgon? the "reforms' abov? verted ti ? and a party endeaToring to re es'ablisl original constitution ol the Bute, formed aft. . the n ?! . .* Unile?l Stales. Carrera, President Kmr id Guatamala, is the ally and supporter of n> for ( abanas, the dlsrinle or the great liberal cb: ?. Mon and 1 resident of Honduras, Ls the ally and ? port, the other. . ' ^ rhe 1f,'hS"'!r la'"' Salvador, a' nay supr to he friendly to the republican cause, cam ? /ard the plan ol a treaty of )>Mr? between th- - n . ties condition, or which are decidedly f.Tor, -.e <> ra I.srty legit iniiste.' line of these ronm. us is Nlcaiagua put herself tinder Knylish prot Th< Mening, English Mce ( onsul ??r .Vicar.,. ... was of U.e MmmlKsiorcrs appointed by the , veror !t. e T* I*r '? I'f'I^s* this treat \ he *1>,C1? ? fine in numl?r? bea' his pre-H. The eighth begins with? "The P: . . 1 ?nt ? end. avor to settle in a definite form the , ..'ion the l.ansit Company." What interest has S.., ialv t,n^i^* eomianyf What difference wil! :t nul .lnC'T DV"T ' ettlc w,th Com, sin / N ? [homM Waning, however, whom Nicaragua l? ing a large sum, and who has a mortgage ft 0111 the eminent upon the proceeds of the Transit < .... .nam 5,? ,n|5, ^ State. Ibis circumstance lei '.ito? the influence and power or the English V: ,>Bsu well as the assigns of bis government. At present, excepting the revolutionary 1. ty of V r*g"?i Honduras is the only one of the flv " ral A rican State* that Is not hostile to the I'niie.' - l.tes principles, institutions and people. Here ,1,1.1' sonably be supposed that the t'nlted SUte ?. ill ha mtolswr or ^?t, stlmuUtlng and eueour,?, < the tvT^ repu hi leans . Such N ,,nt the ca? . h . ver w/m-T ofU,? Amen i e?id here the I nlted State, has not an ofllcial v.. !a On America raised In fuvor of civil and rellgi.,, erty. the Carrera party 'legitimists" be vlcbv ? whir most probable Honduru- must fall, an.1 with I ? repn eau.-m in Central America. The rail 01 re., ..Ueae must extinguish American influence and in ? rett give Kng]i?h principle* the predominance in '' ? Lral A rna. If this party lie not victorious it wii' not be (ault of tlie European agents here, who are ? ? -eedn active In its Ihvor. Spain has recently established a full mis - . r n r?n America, (the flrst since their independen e i Her r later. Sr. Coni, an active, intelligent ronn.- \ n 1... sited all the Central American govern.... -nis i?m< tbem for tjie thlid time. In the last ei?ht .. Maning, FngUah Vice a.nsul, has been aln -' onaia, employed in the polities of the* States , . X , mencement of the present struggle. HANt m ; . vifji Fire Minhnl'i Olh i . TDK AJUON CASE IN WATER 8TK I Jaw Wright, th? ynnnf woman flharf l ' hae?' fire to the honne of John MontgoBKTy, at S . *74 Wi - trcet, on the night ol the 23d of Aug j?' ' ?'atnr examined bafore Jualire CV nnolly. Thefoilr Ing m ' ftat'inrrt to the question* required by U? . 1 mn .8 yeari of age born In lrelmd, I ?1 at Hoal||uinm'i>i I am on thr town; I am not i; tjr of rl arc* preferred afr?in?t m?: when I haa^l <i alarn fire fwan on thr fnriier rf ('lurry ant K> ">< "J atre I went down Rooac\ alt <trert to ffnter rtr md .?? a man wliare the fire ?a-. he aald It w?4 a' vl M< ("?m ry 't, I went down n? quirk a? I could ick M< gomery 'a and run np atalra tomy room wl i' t the 1 n?<>M fr< m between the le-l. the ahort p ?lr?*?a with it ; that waa all J had time to tale " ' (he ro I down utalra ami wr-nt to down to IV iip) 1 1 found the pink dre?< did not belong to n">; i aiaeb with It to Montgomery 'a. and waa on th?- fi . ai>op lug In with It when I wu< girau in rhanr Ue om tbellk^nM* waa taken from me by Ann ? 'at ten < ne-atroek tor a' that time, but t do ti now w that'* all I hate to auj about it. TI ? j rlnrlj al o( tbe eridenre L ,w1y t puMlal.ed ahl-n '\hlbitH a T. ry atro?<- ..a :4f* ih^ defendant. Di# mai'Wtrafa nnnn tb * Ulrire d i^ett, je-'<Td?\ ltitnl. t~| J*n? Wr cl to n'TCr hat# of ?r?et i f a u It rf haU Ilk the ? 'fflO,1 J