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

Newspaper of The New York Herald dated February 5, 1861 Page 1
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THE NEW YORK WHOLE NO. 8915. HERAT, D. 1861. PRICE TWO CENTS. THE 'REVOLUTION. INTERESTING NEWS FROM WASHINGTON. Meeting of the Peace Confer*. _ce. Speculations as to the Effect of their Deliberations. Withdrawal of the Louisiana Senators from Congress. Tbe Valedictory Addresses of Messrs. Midell and Bemjanint Tbe Seeeuion Convention at Montgomery. UPORfiNr CAUCUS OF THE REPUBLIC LfS. Election of Delegates to tbe Vir ginia Convention. The State Probably Declared Against Secession. Reports Relative to Forts Numter and Pickens. Surrender of the Cutter Lewis Caw to the Secessionists, &c.) Ac.) tc. IMPORTANT FROM WASHINGTON. THE REPORTS RELATIVE TO FORT SUMTER. WAKHi.NdTojf, Feb. 4,1*61. There 18 not a shadow or foundut ?n in the report that the Brooklyn threw mm into Fort Sumter. 1 have it on authority. The President ha* not yet finished his reply to the ulti matum of South Carolina, hence Col. Ilayne and Ijout. Ball, the joint messengers from Gov. Pickens and Major Anderson, will dela^ their departure until to-morrow, when, it in authoritatively anserted, the President a re ply to Gov. Pickens will ho ready. Wh?n lieutenant Hall returns to Fort Sumter there will be seventy-one n?en there, and no moro. The fac that the secessionists have guard boots in the harbor all night, makes it impossible fc a fleet of boat# largo enough to convey three huiidred men to approach Fort Sumter without being known. Besides, Major Anderson don't di sire so large a reinforcement, because it would taeur grcattr responsibilities In the way of providing provisions and the liability of sickness among the men. CONFERENCE OF MILITARY CHIEFS. Washimitow, Feb. 4,1861. Gen. Scott held a council to-day with the leading officers of the army now in the city. Lieut. 1U11 was present. This meeting, it Is said, had reference to military op.?ra tiiW at Charleston and In this Jty. It Is undoubtedly true that Gn. Scott, under directic -is of the (Secretary of War, has been engaged most of the day preparing in structions for MaJ?r Anderson. The General looks a good deal careworn, the natural result of the arduous duties he io now performing. Colonel F. W. Lanttsr, Superintendent of the Great Cen tral Wagon Road, called upon General Scott th's forenoon. The General paid the Colonel a very hij?h compliment for the service he rendered in silencing the Pah Ute Indians in their ravages upon the inhabitants of Carson Valley. Colonel Lander informed the General that as he had sent bis resignation as Superintendent of the Wagon Ro*d to the Interior Depe. tment, he was at liberty to tender bis services in any capacity, at any time, and for any duty, It might please the General to assign to him. General Boott thanked Colonel lender for his frank and patriotic proposition, expressing the hope at the same time that there would be no necessity for calling upon any one Rigid discipline Yi enforced about the military quarters here. No Granger Is allowed to approach after sunset, and the guard have instructions not to permit any unau thorized person to visit any part of the premises without special permission from the commanding officer. It appears from the returns r.nselved at the War De partment. that the mtlltla force of South Carolina, Geor gia, Alabama, Florida, Mississippi and Umislana com bined, is 341,000. These rtiuins were severally mads fr< m the years 1838 to 1R69. The returns for 1H60 were onlv from the !< lowing ?Massachusetts, 161,'.>00, Rhode Island, 18 541; Connecticut, 61.670; Virginia, 148,166; Mi'-ucsotA, 24,4KO; New Yo k, 419,000. The aggregate of the whole country, from these imperfect returns, is 3,16H OCO. of which about two and a half millions are infrntry. 'i0,000 cavalry, 13,000 artlllnry, and between IB,000 and aO,COO riflemen. CAL'CUS OF FREE 8TATE C0NGRF-8SMEN. Wamthkiwih, Feb. 4,1861 Between forty' and fifty members of Congress, repre senting the Northwe^'^rn and two or three of tho New Kngland states, met In caucus at the Capitol this even ing for the purpose of consultation. The meeting was held at the isstanoo of Mr. Potter, of Wisconsin, snd a few other Northern members. It being evident tMt thoro is a plan for back iir down among republicans, tho object of the * caucus was to ascertain who arc and who are rot the regular straight out no compromise men When a 'est vote Is had In the House on any measure calculated to conciliate the South, H will be found that at least sixty republicans will stand Arm and unyielding. Th? y declare that t*>e representatives from the ml Idle M.I border States will not do to tie to. Inasmuch as they are already willing to accept almost any terms the South m.iy demand. Rut the caucus which met to night com prised those only who stand by the principles of the Chicago platform, at! believe In using all the powers of the government for maintaining its authority. The meeting revealed the fact, which has not yet been much known, that there is a large number of shaky members .n the House, who have held out strong hereto for.-, but now beginfto falter. At this the Northwestern members, mder the lead of Potter, 1/ivejoy, the Wash burnos and others, arc exceedingly indignant. They ex j pressed themselves resolute In their determination to & yield nothing that would com'.trom se the position of the ? North or the platform on which Lincoln was elected The caiMia was among tho most important held this "P Wasftwitow, Feb. 4,1861. About fifty republicans, said to be against any cotnpro mise, held a caucus to night, and agreed that they would never consent to any peaceable settlement of the exist ing State of i?flairs, except upon the basis of boundaries devel ped in my despatch published in to-day's Hkhaik Governor Chase, of Ohio, is said to have been the origi nal. r of this scheme, and nothing has crested so mnch onFternation among tho secessionists during this session HA the demand of the North that the natural line of division shall be the Potomac and Ohio rivers, reservirg the present capital for the North ?>rn confederacy. Glddings, who came here from Vlr gtnta, likes the plan If nothing better osn be adopted. Weed's defeat at Albany in the election of Harris crest, d gre?- r*)oiclrg bere among tho republicans. Wm nr*OTol?, Feb. 4,1R61. The bt'l reported by Senator Cui.?mer, of Vermont, * frem the Firm, ce Committee, for sbo.i h'ng the p.*t on.ee> m*Hc "><1 P"rW cf '"""'J IU lbe >? taken as ua indication of the energy wlih which the in coming rovernmeot means to act against seceding States. A substitute will be oflored, proposing to recognise th i KMiependence of the seceded Metes, and to appoint a oommitsiou to ascertain their share of the public debt, &c. A stormy debate in likely to eome up In the Senate to eocn as these measures come before it. Secretary Dix has received do reply to his despatch to the Assistant Treasurer at New Orleans, inquiring into the facts respecting the seizure of the Mint. There is very little probability that any satisfactory answer will be received. The remedy propose 1 for the policy of spoliation on the part of Louisiana is, that the mails shall be cut off, which will do doubt be done immediately by order of tho ad ministration. also, that Congress shall Uke off the duty on sugar, which will be done by an amendment to the Tariff bill, now In the Senate. Prompt actios of this kind on the part of the administration and Congress will bring there people to their senses. Senator Benjamin's valedictory address is pronounced by all that heard it ax one of the finest specimens of ora torical display ever witnessed in that body. Many of the & nators who differ widely with him were so deeply af fected by hw eloquence that there were few dry eyes in the Senate. The Ixmisiana representatives retiro to morrow, ex cept Mr. Bouligny, who awaits special instructions from hi* constituents. Judge Douglas has written a letter to the Memphis Ap peal, denying the charge that he had advised the with drawal of Tennessee from the Union. He declares that he is opposed to secession, and says it will only strengthen tho hands of the abolitionists, whose aim Is to destroy the Union. He strongly urges the border States to remain in the confederacy, as a means of preserving their status as slave < late*. The executive Department of South Carolina has defined the position of that State on the subject of commercial arrangements, regarding It pro bable that tho payment of duties and tho clearance of vessels will be interfered with by the government at WashingUm in such a manner as to render the transaction of business at Charleston difficult and embarrassing. The exposition of the law of nations, as made by the former and the present Secretary of State in the I'sru case, affecting the vessels Ueorgiana and Lizzie Thomson, is regarded as a sound doctrine, appliv blc to South Carolina, which will permit no interfe rence by the government of tho United States, with such regulations as It may adopt, nor will the authority of the latter be permitted to be exercised within the limits of the State. It will be for the Unitod States to impose upon vessels of States still members of this confederacy such penalties us It may choose to provide for what it may consider violations of its municipal laws. The revenue cotter McClelland, lately fallen into tho hands of lxniisiana, is one of tho largest and best cutters in the revenue service, Just rebuilt and refitted. Within the last two weeks about fffty speeches have been delivered in the House of Representatives on tho crisis, nearly all of them in connection with the report from the Committee of Thirty-three. A number of gen tlemen, betides, have been making preparations for an expression of tbeir views on the same subject. Among so many contestants for the floor, the struggle to obtain it is quite lively, though as much cannot be said of all the speeches. The Secretary of State, thus far since his entrance upon the duties of that office, has performed them without the assistance of an Assistant Secretary. Ho desired much to secure in that capacity V. Bayard, of Delaware, owing to this gentleman's peculiar qualification for the place; but overruling considerations led him to decline the proffered appointment. A strong fight is going on here against the election of General Jim lane as one of the Senators from Kansas. The feeling on the ground is reported to be greatly in favor of Lane, bat the clique here will use every effort to defeat him. Letters from Kansas spaak confidently on line's election. The nomination of Judge Petit for Judge of the District Oourt of Kansas Has been determined on. George McHenry, of Delaware county, Pa., has been nominated for consul to Liverpool. He was a seoossim ist at Charleston, and his confirmation will be opposed on that and other accounts. Judge Black's name will be sent In to fill Judge Daniels' vacancy on the Supreme Oourt bench. The late Senator Benjamin was before the Committee on the Stolen Bonds to day. THE ELECTION IN VIRGINIA. WHBtiJM, Vr, Feb. 4,1M1. Hon. Fherrard Clemens and C. D Hubbard, anti seces sion under any circumstances, were elected triumphantly to-day to tbe State Convention over their opponents, who refuted to pledge themselves that they would not sign an ordinance of secession. Reports from all the counties of the ran Handle ckct the anti secession candidates by decided majorities. A dead set was made at Clemens by the ultra dis unions te, reducing bis mnjorlty somewhat, but be was triumphantly carried through. Thus was bis position In Congress victoriously sustained. Wmoaiwo, Feb. 4,1861. Tbe election to day for delegates to the State Conven tion resulted in tbe election of Rherrard Clemens and C. D. Hubbard, anti secessionists, by about 600 majority, Tbe excitement was very great. Union candidates are elected in Marion, Taylor, Wood, Urooke and Hancock counties. But very few votes were polled against refer ring tbe action of the committee back to tbe people Richmond, Feb. 4,1801. Henrico elects three unionists. Augusta three unionists. Cumpbell, two Unionists. Charlotte county la for secession Amelia and Nottoway, probably so. Pittsylvania and Halifax, Union. jjMunf, Union. The vote is generally In favor of a reference to the people. Rirrmown, Feb. 4, 1861. This county elects one secessionist and two unionists. Henrloo, Chesterfield, Dinwiddle, Prince George, Green ville, Surry, Alexandria, Petersburg, Norfolk and Ports mouth elect Unionists. Wasrhtotow, Feb. 4,1861. Letters received here today from Gov. I-etcher and other prominent gentlemen at Richmond, state confidently that there will be a large majority against secession. Gover nor I .etcher says that the Union men have had a hard fight, and that the Are-eaters have kept him and bis friends very busy, but that they will triumph in the end, and that Virginia is safe for the Union. Reports from Virginia, vta railroad, state that a ma jority of anti secessionists have been chosen to tbe Virginia Convention. It should be understood that the anti secessionists of Virginia generally oppose immediate secession, being willing to await some compromise from the republicans. If such should not be offered, Virginia will he out of the I'mon before tbe 4th of March. A gentleman just In from Virginia, who has travelled this afternoon sixty eight miles, through twelve pre clncts. reports that the Unionists are decidedly ahead of the secessionists. In Alexandria, where the secessionists boasted that they would have a m^orlty of three to one, they have been beaten by more than two to one. If these facts nre any indication of the result In the whole State, then we have reached the turning point in tbe crisis. Rut if Virginia has given a mnjorlty vote to-day for se cession It will be difficult to keep Maryland from follow ing her example Fx Governor William Smith, of Virginia, has written J from a sick bod urgiug secession. TUE CUTTER LEWIS CASH SURRENDERED TO ALABAMA. Moral*, Feb. 2, 1861. The United Wales revenue cutter l-ewls Cfcss has been surrendered to the Mate of Alabama. THE MASSACHUSETTS LEGISLATURE. Bowtov, Feb. 4,1*61. The Senate this afterneon passed resolves for the ap pointment of eevcnjCommissioners to confer with U?c general government with the separate States, or with any aiM<>< iation of delegates from such States, and to report their doings to the legislature at Its present session. Tbe House refused to suspend the rules to enable tbe resolves to go to the (Jovernor to-night. The resolves wifl pass to moriow and will rcoelve the sanction of tbe Oovernor t THE BOSTON MASS MEETING. Bowrov, Feb. 4,1861. The I'nion meeting called at the Fjtchange to day no?.n a<tH>urned till evei>ing, after instructing its officers to ni^M the Legislature to appoint Commicsloner? to Washington. TH? PEACE CONVENTION AT WASHINGTON. WiaUMUi,Feb. 4,1881. The I'eace Congress convened to-day at nooo in Wtf lard's Hall. H is probably one or the most dlgnitked as semblages of men ever gathered togetner in the country. All appear impressed with the solemnity of the srlsitf, and to rtcognise the fact that the ejes of the nation are bent on their deliberations. Iowa, under the authority of Governor Kirkwood, has requested her Senators and representatives to act as Qom missloncrs to the Peace Conference. They have the mil ter in consultation, and are as yet undecided how to act, the prevailing impression being that their duties In Con gress and to the Htate will bar their participation in the proceedings of the Conference. The Vermont delegation have declined accepting the invitation of the Governor of that State to participate in the Peace Confeience. They do not recognise the autho rity that called the Conference. R-x-Governor Vroom, of New Jersey, peace commis sioner, arrived to-night, lie, like the rest, la at a loss what to do. They say everything looks dork, and it is Intimated in republican quuriors that things will look still darker before they leave. The proceedings of this body will be strictly private. The first question likely to engage its attention after it is organized is the vexed point of the status of the seced ing States. Before proceeding to the discussion of the various projects of settlement, the oentral slave States - are forced to the Inquiry as to the relation the States that have gone out sustain to the govern ment at Washington. All of the central slave States are on rceord against coercion, and If it is to bo the law of the incoming government, there is no use In dis< ussing what will sati&fy tlio States that are in, for they will never permit the strong hand of federal power to be used against their erring brothers. Here is the rock on which the deliberations of the Congress are likely to bo Irreparably broken up. The practical question has to bo recognized as a condition precedent to any disc lasion us to adjustment The central slave State men ask what is the use of ppeudirg weeks to arrange a basin of pacitlcation when the whole eUiflco falls on the tlrst stroke of tho federal band against the seceded States. If they are not to be coerced we will discuss plans of settlement, and we be lieve one can be arranged satisfactory to our people, but not other* Ise. So it seems that a question vital to the deliberations of the Congress comes up in ii*uiM,and may disperse tt at any moment. The Peace Conference is not likely to achieve tho least possible good. The citizens are Indignant thit the meetings should be held in a small hall with closed ilo:>rs. It Is regarded m<>reas a dark lantern Convention than one to whoso dhliberatious tho Urgest publicity should bo given. Thomas J. Turner, one of tho Commissioners from Illinois, was a member of Congress from that State with Mr. Linooln, in 1847-49. The State commissioners have as yet made no formal order cuicornlijg the conducting of their proceedi.iga with clofod doors, the majority, however, soom to favor the exclusion of the pres-s and tlie public, at least (or the present, considering that this irill secure more freedom for the interchange of views. It is evident, that they will act slowly to night, a number of them are in consul tation with members of Congress. The report that Virginia has demanded the withdrawal of troops before entering upon peace negitiations is not well founded, but creates some uneasiness. A committee are hore of secessionists from Maryland, to protest against tho admission of tho delegatus from that State. TDK PROCEEDINGS OP THE CONVENTION. Wafhw<;to?i, Feb. 4,1801. The Convention sat with closed doors, Mr. Wright, of Ohio, in the chair, and U. E. Ward, or Maryland, secre tary. A committee on permanent organization lias been ap pointed. It is supposed that John T)'lor will be perma nent President. The Convention adjourned at half past one, to moet at nooo to morrow. All the SUtes were present that have elected Commis sioners, except New York, Tennessee, Missouri and Illi nois. Eleven were fully represented. A motion was made to admit the representatives of the press to the floor. Laid on the table. A committee of one from each State was appointed on permanent organization. Adjourned. Mayor Bcrrett says the doors will be kept closed to the public press until the Convention shall order otherwise. It Is understood that the entire proceedings will be con ducted In secret session. THE SECEDED 8TATES CONVENTION. Movrcoimv, Ala., Feb. 4, 1M1. The Convention met ai noon, R. W. Barnwell temporary Chairman. An impressive prayer was offered by Rev. Basil Max urf. On motion of R. B. Rwrrr, HowoU Oobb was selected for permanent President by acclammatioo, and Jjhuson F. Hooper wm sel<* t? d as permanent Secretary. All the delegates were present except Mr. J. Morton, of Florid*. In the course of Mr. Conn's address, after taking the chair, be said, the new ion which assembled us together was one of no ordinary character. We meet as the re presentatives of sovereign and independent States, who, by a solemn judgment, have dissolved al the political as sociation which connected them with the government of the United Plates. It is now a fixed, irrevocable fact. The Reparation is perfect, complete and perpetual. The great duty now imposed is to provide a government for our future security and protect inn. We can and should extend to our sifter State*, and our late sister states, who are Identified in Interest, and feeling, and institutions, a cordial invitation to unite in a common destiny, and should be destrouF at the mho time of maintaining with our confederates friendly relations, political and com mercial. After the usual preliminary business was attended to the Convention adjourned till tomorrow. WAsurwiTow, Feb. 4,1S#1. It is thought that the Convection at Montgomery will elect a President and institute a government at nnce. The programme is Hon. Alexander H. Stephens for Presl dent. This, however, may be c.Uang> d, anil Jeffersnn Davis may yet be elected. Senator Wigfall and others have telegraphed to Mont gomery urging the appointment of Alexander H. Stephens as Provisional President of the Southern Confederacy, In orflcr to conciliate Southern conservatives. STATE OF FEELING IN MARYLAND. Bau-iiiomc, Feb. 4, 1861. People hnse, excepting the extremists, discountenance the efforts making towards railing a State Convention or convening the Legislature. The primary meeting* to morrow night excite no Interest. The 1'nionista will re fuse to participate in them, as the movement Is sus pected to be Inaugurated by the democratic clique for specific partisan purposes. If such a Convention should be called, Its action will be resisted by tb<- Minute Men and others, if any mea sures p ndiug to secession are adopted. Pastes are emphatically divided. A large majority sufttaifiK <!ov rnor Hicks, bat all will eventually unite with the South If Virginia goes out and no compromise is f ffrcted. Such is the prevailing sentiment. RUMORED ATTACK ON FORT PICKENS. Nkw Okuu.vs, Feb. 1,1W1. There are flying reports that fighting has commenced at Pensarola, In consequence of the sloop of war Brooklyn trying to land troops at Fort Pickens, but no reliable au thority nan be found for them, though authoritatively stab d by Alabamians. [Despatches of later date make no further mention of the matter and the reports aie doubtless unfounded.? Km.) REPORTS FROM PENSACOLA. Bit.riMmui, Feb. 4,1M1. The latest dates received here by mail from PenaiMv U (27th ult,), speak of the withdrawal of the troof-s. No mention Is made of the Brooklyn. The Montgomery and Milledgevllle papers speak o| the withdrawal of the troops from Pcnsacola as a thing Ixed ?pen. A Persacoia correspondent says It is deemed impossible It tnke fort Pickens, unsupported by a war vessel. THE frEIZIRE OF TOE FLORIDA N1H. ARRIVAL OP THE UNITED STATE* STORE feHIP SUPPLY, WITH MBS. LIEUT. SLEM IIER. INTBRESTTOG DETAILS OF THR 8EIZFRK OP PORT BARKANfAH, THK MAUI NIC BARRAUKH AND NAVY YARD, AT FENSACOLA, BY THK KLOKIDA MILITIA? THK PRISONERS KENT NORTH ON PAROUS?TMK TRANSFER OP THK UNITED STATES TROOPS TO POST FICKENS? G ARRI80NINU AND PREPARATION OP THK PORT TO RK818T AN ATTACK?THE UNITKD STATES STEAMER WYANDOT CRUISING IN THK BAY, ETC., ETC., ETC. The I'nited Stales Mtorethip Supply, Qiptain Walko, commander, from Pensacola, mnutoen days, arrived here yesterday and anchored off the Navy Yard. The fol ' lowing is a list of her officers:? Commander?Henry Walke. . Lieutenants?Joseph A. Dane, Henry H>ben and Wm. L. Bradford. Master?W. N. AU?n. Paymaster?K. W. Dunn. Aisistant Surgeon?Wm. W. Ring. Commander's Clerk?Joon Van Dyke. Paymaster's Clerk?K. W. Bowie. Mrs. Lieut. Slemmer, D. 8. A., servant and child; Mrs. J. H. Gilman, U. 8. A., servant and child; John lrwm, Lieutenant U. 8. A., lady and two children; Mrs. Samuel, Kobt. Dixon, U. 8. N., lady and two children; J >mos Cooper, U. 8. N., lady and four children; Miss Cooper, Robert llnnter, U. N.; Lewis Holmes, U.S. N.; John Milan, lady and child; Wm. C. Knowlcs, John Tylor, Spencer Clarke; also John J. Fiarety, Daniel.K. Jameson, John Gallagher, Wm. J. Lodge, J. W. Barker, T. Massey, employes of the Warrington Navy Yard; also nine in valids from Naval Hospital, Warrington; twenty seven ordinary men from do. <io., and thirty-four marines from the Marino Barracks. Ihe hospital quarters and barracks were tuken possession of and occupied by the State troops. The above were released on parolo and token oil' under a Hag of truco. The Supply brings interesting details of the soizuro if the government property in 1'eneacola Ray by Utj ooces sionists of Florida. The rumor of the Intended seizure reached the federal authorities at the I'ensucola works about the 9th ult., and Lieutenant Slemmer, downing tbat Fort IJarruncaB was in too weak a condition to resist an attack, determined to remove bis foroes, ammunition, s> ppiies and arms to Fort I'ickens, on the oppomto side of the channel, which, bolides being a strong^fort, alfo commanded the entrance to the bay and the other lorts. The Navy Yard, which is disUi<l about two and a balf miles, is beyond the range of the guns at Fort I'ickens. In accordance with this design, on the morning of the 10'h alt., tho force under Lieutenant Flemmer's command was transferred to Fort I'ickens, by mcanq of boats from the I'nitod State* steamer Wyan dot; and the storeshlp Supply. Fort McKea, which was in too dilapidated a condition to be of any great servi>'?, waj abandoned, ?nd about !JU,000 pounds of powder, to geiher with a quantity of fuses and shot, and the tack ling ard gear of tho guns, wore destroyed. Vhe guns at Barrai'Uis were spiked, and we-o in that condition when the Florida troops, utK'er command of Colonel Loniux, took possession of the fort.

Ibese'movementa bad been but a short time executed when the ^taU troop* made their appearance, and tho Navy Yard was surrendered, with but a short parley. The marines in the barracks, to the number of thirty six, wero made prisoners, together with tho laborers *nd employes in the yard. The wives and children of tho command at r< rt Pickens had been previously conveyed on board the Supply. On the foil >wing day tho store^hip, under a flag of truco, proceeded to U e wharf of the Navy Yard, where tho la borers and marines were taken on board, Chplain Walke having given his parole that they should be lau led north of Mason and Dixon's lino. Overtures hud boen made to '' the marines to join the aeoos.-lontst forces, with the alter native of expulsion in case of a rofusul. Tho personal property of the fore* at Fort I'ickens, furniture, carpets, pianos belonging to the officers' wives, books, clothing, Ac., were, under the flag of truce, oonveyed on board the Supply, and brought North. The steamer Wyandot has been cruising in the bay, rendering valuable assistance in many ditforont ways to the force under lieutenant Sfrmiu.r's command at Fort Pickens. Chptatn (commanding) Berryman is at present assisted In the officer corps by only two engineers, all the other officers having resigned. His guard of sixteen marines he transferred to Fort Pickens, increasing the force there to about eighty men. The Wyandot will cruise In the neighborhood of the fort until reinforce ments arrive, or until Its possessors are oompelled by an attack to abandon it. In the latter event tho guns of the fort will be spiked and the fort itself blown up, while the garrison by means of boats can escape from the beach to the steamer. OUR PENBACOLA CORRESPONDENCE. Navy Yaud, Pnwuoola, F Ul, Jan. 14,1861. FacU JtrleUingtii ths. Capture of the Mary Yard and hbnt in i'ttuacuta Harbor? Loation qf th* >brti fcttioni? 1 htrr ?Sh-mptA and Condition?The Kcaruation of Fjrt McHoi, and llom it war KffftUd, <fc., rfr. 1 propose giving lo your renders a statement of fa-t? in reference to recent event* connected with tho Navy Yard here and the forte that protect and command thn en trance to tbtM harbor. At such time* ax these facto that exhibit prominent political moves are Interesting, even if they are net Irtm the "pen of a ready writer. " I'pon the right hand of the entrance of the bay of Pen Mi ola stands Fort Pickewi, upon tho loft hand is Fort McKea, and upon the s<un? shore with tho latter, oue mile and a ifuarter farther up the bay, is Fort llarranca*. These forta are nearly oquidlwtant from each other, and ho RttuaU<d aa completely to command tho entrance to thn harbor. Fort 1'lckens U an admirably constructed fortification, at the extremity of a long, narrow Band ppit that separates the bay from tho Gulf for some dis tance. This fort la so Bituated as'really to command the entrance to the bay completely. It is approachable by land only along the narrow neck mentioned above, and Its defences so arranged that even a small foroe may de fend It against vastly superior number* Fort Mcltea Is rather a dilapidated concern,but Is,nevertheless, aFtrong water battery. Fort Taucas 1s well built and a |>ower ful defence of the entrance of the harbor, but neither Its construction n<>r position is adapted to resist a strong land attack. These threo large fortifications, with all their guns, an.munition, Ac., were In charge of a single com posy of artillery, under thn command, at prnsent, of IJeut. A. J. Memnier, This company occupied the bar racks rear Fort liarrancns. The Navy Yard is situated upon tho same shore of the bay with 1'orts McKoa and Iiarrancjn, about oue and a half mile above the latter. It was under the command of Commodore .las. Armstrong. the next officer in rank at the yard was Commander Fbenezer Farrand. The dis posable force at the yard oonuipted of about seventy sailors, or "ordinary men,'1 as they are termed, and forty-eight marines, und-r the command of Capt. Joseph Watson. There were also at tho yard, (object to tho cum munis of Commodore Armstrong, the I'nltrwt states -tore ship Supply, with two thirty poundern and thirty eight men, and tho steamer WyandJt, with six thirty two's slid eighty men. For a number of days rumors had been In circulation of an lntentt<>u on the pi of the authori ties of Kloritlu and Alabama to t-tke po-wskion of tlie Navy Yard and fort - nt thi.< point On th ? night of the 9th Mentet ,int Rlemmer stationed a guard at Fort liar rsiicas. "n the morning of the Kith tie received orders from the War Department requiring him to use every means in hi* power to protect government priperty, and especially to keep the control over th" entranco to tlio harbor He was al'-o informed at th'- -?m? time that the c mmandant of the Navy Yard woulu be directed to oo operate with him. <?n on*sn'Utloti wl'h Tom Armstrong, and the pro mise of assistance from him I.lent H .'"irn'r decided on removing at otee ,n'' Fort ' ?? *ens. U. . pout being the ii" Ht tenable j* sit on and where h' morn nearly obey the spirit of hts ' imtrn, tionr This matter being d> elded upon the army officers *e,,t to work with a will, and during the next twenty lour tours hail thrown their entire force, with all ih>ir provision* camp equipage, Ac., intothi 'ort, Slid . hj the iMSmtan. ? efbo-ili r,, ?? > .'i,p pi) an. Wyandot hud remove | t'?? .mm iiiltmn from Kort Barrniieas to the m.i*axirio? of Fort 1'ickens lo what extent CX ni. ArmHrui vj w?s or '. red to ryi ope rate with tip army odleer* I do net know, hut it is a fair presumption thn it mnn to the 'ex!' tit of hip power The Navy Yard nclf i. ? . Bjtnn.od 'hit no military man would think of defending It ?c ?inst a i irgi attacking ion e n ith the meant at the Onmodore'n command In a millts-y point of \ lew, ret.m -ig potw?sion of the Vnvy Yard wasot small conseonntir. compared to a sue cefsftil di fence of 'he entrance of tli. harbor, an I where ,t was n< ceesary to make ?? oliolce |in> artUMe forre o-cli' by ill m.nns to liaretx-n -lit ii"d n lor' p ckerio Taking this vww of tb" case, and not tli.nk;ng he was aekit ? too much of the Oomnv1 lo.e, I r ut ?"? in B'-r iirg-ntly reriesttrd that the marines mlg t be rem. I? hm own company. The "ordtnwy men" of the )nrd, imelt-HM where ihey were, would also bavo boon a not unaetuable ado It ion, and Ui< two iblpa eould have been ho placed a* to m*ke iheir gunti completely cowr an enemy's ailvunro by laixt. Lieutenant Hmmw ashec in all good faith (or this co-operation. Kveu at tor ?ho Navy Yard wan nurrounded by armed men, and before It waft taken, bo wrote to the Commodore, re ptatiO)! hi* request that the marines might be nent hitn while ilere w?? jet time. Thm again met with n<> at tention, and three hours later the?e men had all been Ukeiyii immers, without having made even a nhow ot' r? ent BDi'-e, and tho brave little band already in Fort Fkki nt were left to their own resources in carry - irg out tbeir instruct kins. Why such aoourse wan par sued by the authorities at the Navy Yard, and by what *nd whose couum-Is It was brought about, may yet be come a subject of official investigation, and it would be im|'ro|HT of me, at this time, to expreM an opiuion. i chd, however, exprese my regrets, that while Lieuteuant Slemtner, ably seconded by Lieutenant Oilman, has no far met a heavv responsibility with it degree of energy and decision worthy of very high praise, I cannot speak in terms of commendation of the way in which the authoritu s at the Navy Yard met the responsibilities that r evolved upon them In this cjme. I will write you again tomorrow; bal whether my cctnninnications will reach you is a matter of no Utile doubt, sh both the telegraph and mails have become very unreliable of late, at least so far aa this point is concerned. GEORGIA. TBIAL> OF A UNITED STATES I'KISONXR IN A (1BOE ()1A COt'RT?THK CASK BROfOHT VF ON A WK1T OF IIAHKAS COKPtTS?IMPORTANT DKCISION UV JVDOK 1IARH1H, WTC. MlU-KTHiUVTLii:, Ga., Jail .'10, ISfU Tbe flrat legal case, since Georgia seceded fr-? u the Union, in which the United States was called in noastion came nji beforo oue of the local courts in this city yeeter dny. It is the cage in which Martin V. Urantley, a United States prisoner, now in continement in thin city for a term of ten years, applies through counsel and by a writ of habeas corpus for his dIk charge, on the ground that since his conviction and incarceration the State of Geor gia, by the ordinance of secession, has dissolved her con nection with the government known as the United Statos, and that tho functions of that government have ceased in Georgia. The counsel for the plaintiff, Col. O. A. Ixx-hrane, of Macon, made ail elaborate appeal In behalf ol hlft client, but th cane was decided against him in tho subjoiued impel tant decision o< Circuit Judge 1 larriH-? Mn)'in V. Brantley v*. the. Priiux/ul Keeper of Uie Prni teniiai ji cf Georyia ?Habeas corpua and motion to cis charge the applicant. In Ciumhkra at Mpjjwikmujc, Jan. 27, ISfll. The applicant ;it whoa? Instance Uio li&boas corpus ad subjuc lendum wtikli brings hiiu bofore me has Issued appears, by the return made to tl>at writ, to bo a convict uuder setitoiice of the Circuit Court of tho United Statos lor the district of Georgia, made the 13th day of Novem ber, 1H60, lor a violation of the l?ws of the United States, nn t by virtue of acertlflod ropy of that judgment be is detained within (ho pealtentUry, his scntenco bo s' g for ten years. ~ No objection by counsel for tho petitioner has been made as to tho suflleie ticy or that judgment originally? m a th< ri legul warrant by which tho principal keeper could rec< ive ami detain hiiu?but tho motion lor din charge is made solely on the ground that, since the con viction und confinement, the State of (ieorgiu, by tho or dinam o of tho people in Convention, his dlssolvod her connection Willi her confederate States and withdrawn from tli" general gcvSrom nt,created by the constitution ol the United Stati s, all tho powers delegated by that in strument to her agent, and that thoriby the prisoner w entitled U> be di?cl from the judgment of the Circuit Court aforetatd. for weeks past, looking to a probable i BUto of things which his S.'.co o. curred?tho effect of such an ordinance ?ib bus been made,could not but engago rellection. In whatever point of view in which it has been presented to my mind 1 have been unable to dis cover any ben< lit which can accrue to the applicant by lesson of the (hange of reUuous of Georgia to tho gt?no ral government. 1 "resented as this cape Is upon short notice, whilst the subject, from its novelty and magnitude, would I authorize elaborate discussion of many questions which spring out or that ordinance, I do not propose to do more I than to present a simple view which disposes effectually or this application. It will be conceded that the constitution of tho United b'tetes whilst, it cor.federated the States of the late Union under and by virtue or that Instrument, was in substance but a power or attorney.ftoni the several -Hatea to their agent the general government, to exercise for the public weff: re certain sovereign jxiwors according to the re strictions and terms thereof. Georgia, ooo of the confodoratPH undor that conntitu tion, dissatMed by tho bad faith of a Urge number of tbe States in the Interpretation of that Instrument, ax well us of the Incapacity of the common ageut to redress tho Injuries she has sustained, and was still further exposed to such sinister ta'erpretatious, In the exercise of a plain und< niable right as a sovereign Stat*, has by ordinxnco dissolved the compact made by the constitution or the United States with her coifederates, and resumed the powors she had thereby delegated to the general govern ment, with tho design of confiding them, with the full lights oT anexpeilence of over seventy vears, to a new agent, whose powers shall be more clearly do lined, and whose duties more distinctly prescribed. The extent of this ordinance, then, does not go beyond the e? par at ion from tho other States, and the withdrawal or powers she delegated. Up*n the past exercise of those powers by the recent common agent, the ordinance does not assume, nor was It designed to act. It has annulled none of Its acts. The departments of that government were treated to enable the common sj/ent to perform and carry out the powers delegated. Hence It Is that the omrts created by the constitution, or authorised by It, were essential means to a great end. (me of those courts, to wit: tho Circuit Court of the United States for Georgia, within Its appro priate province?that of punishing violators of the laws or tho United States In reference to the mail, has, after the conviction of the prisoner by a Georgia jury, pro nounced tbe judgment proper to the offence, and the pri soner Is now performing that sentence, which, whon ut tered, wa* legal and constitutional. The law violated was a law made In part by representatives from Georgia? tbe court was created in part by Georgia representatives. Tbe Judges presiding were citliens of Georgia. In truth the court, whilst established by the authority of the con stitute n of tho United States. Is In part the creation of the State of Georgia and its judgments ought to be held us sacred and as inviclablo as tho juJgmoulo of the State courts proper. I am at a loss to perceive wherein the judgment sought to be sleeted here Is Illegal or unconstitutional, or why It should be pieced upon a different footing from the judg ment or the State courts. I ran very well see bow judg ments t) be enforced from that court may temporarily be delayed for want of an authorised officer to execute then, but there can be uo embarrassment where the judgment is already executed as It I here In part, and needs no officer to do any other act towards Its further execution. It has not been shown that tho ordinance has annulled ary judgment whatever, with r In words nor bf Impll catsn, in letter or spirit does it authorize such a general jail delivery us would be effected i( the argument of the prisoner's ccunsel was sound. It is not simply tbe right of prisoner's counsel, bat It Is his bounden duly to pret-ent, in behalf of his client to tho consideration of the Judge, all matters which he may de?m pertinent and defensive, and they sh 'lid be listen ed to r* 'pectfully, anl be carefully weighed. I have done this, and it Is proper to say that, without considering anything else but the naked ordinance upoo which the prUoner prays u discharge, I cannot discover anything to entitle him to go free. tint since the making of that ordinance, and before the application for the babea* corpus, another ordinance was adopted by the Convention, which ratlUes and declarus valla all Jtidgemrtils. Ac., or th" courts of the United States ?.U.... U<o r-Ute of GeoreU. This I refer to, merely to evince the intention of the Uoti* titioii In mak lug its first ordinance. I do not plice tho judgment I make on this application upou the authority and pro visions of this Utter ordinance. From what I have said already. It will be apparent that I did not need its aid to strer gilen my convictions of right and duty There Is, however, another matter Independent of all that has been wild, which If It stood alone would have ben sufficient to have authorised the detention of tho pri oner It is that GeorgU lias contracted with tho general government to detain, food and clothe within her penit<ntlary, tbe convicts of the courts of that government within this State, for a valuable coo sideratlon. and which hitherto has been promptly paid. The prisoner Is a cot vlct of one of Its courts i OeorgU. He has under that contract boen delivered Into the cus tody of the principal keeper of tho State penitentiary?to be held In good faith until ho shall have been pardoned by the President of the United State*, or performed the sentence or bis conviction, or Is transrerrod elsewhere by the authority of the genera) government. The prisoner not having been pardoned by him who alone can pardon?nor his sentence having expired by Its own limitation, he mast and ought to be held sarely in the Stste penitentiary until he shall have been demanded by tho authority, which, under contract, placed him for safe keeping In the State prison I Ihetelore order and adjudge that Martin V. Brantly, the prisoner, be remanded to tho penitentiary of this State, and that the cusU of this proceeding be pal J by the government. The prisoner was then remanded, and counsel gave notice that he excepted to the decision, ? nd the case will be carried to tho Supreme Court of Georgia. THE CONTENTION QITE8TTON TN TEXAS. Nkw Ohi.iu.vs, Keb 4, 1H01. Advices from Austin (Texas) state tha. the House has passed by a vote of <16 to 13, an act legalising a (onvon tlon, under the bill of rights. THE BRCl^T SEIZURE OF ARMS IN NEW YORK. Auujtt, Feb. 4,1?1. The refen'* seizure of arms destined for Georgia by Sn porintendcB* Kennedy Is likely to create more trouble. It Is said here to night that Governor Morgan has re ceived a eotnmnnicailon from Governor Rrown, of ?Jeorglt, demanding the Instant surrenderor them iskets, and expressing the hope that a like outrage will not suain be commuted. A replv Is desired The Governor, it is understood, has not replied. IMPORTANT PROCEEDINGS OF CONGRE38. THIHTV-K1XTH CON6RBM. BBCONI) HHHS10N. Icutti W*aauir.Tni?, FW>. 4, )M1. Mr. CkniruBBi, (opp.) of Ky., presented wiverai me morials Ir6m citizens of various Ktatea la favor of flu Crittenden resolutions. Mr. Wilho!*, (rep.) of Mass., offered a resolution of In quiry, asking the President to communicate to the Senate whether any arsenals, forts, arms or munitions of war belonging to the United States have been seized by any l>or tons in the Htate of Louisiana, and especially whether iLit Mint of the United States at New Orleans has been taken poFHfi-Kion of unlawfully by any peraoas, and tf any money of the United States, and, if so, how much, Iikh li-t-u unlawfully appropriated by any persons, and by whvut IjuiI over. Mr. Ciumilkr. (rep.) of Mich., presented a petition of the ritiyenn of Michigan remonstrating again* any charge in the constitution. Mr i:w;ikk, (opp.) ot I'a., presented petition* Jo flnrOT ol the Crittenden resolutions. Mr t?k, (rep.) of Conn., presented a memorial from th?> citttcns of U>iiDnciicul asking for the passage of Um bon er Mute resolutions. Mr. Pbmbibui, (rep.) of Me., presented a petition in favor of restoring iwace to tho country and preserving the bond ol our fathers w ITHDKAWAl Of THE VOVWUMA SEUTOK& Mr. Sudkix, (opp.) of La., sent to be read by the Clerk the ordinance of icc?*8iou passed by Louisiana. KKMAHKM OK MR. RUDELL. " Mr. fiinKi i. said?Mr. President, the document which the Secretary lias just road, and which places on the flies of the Senate olllclol information tluit Ijouisiani. hafl ceasod to be a component port of these onoe United 8UM, term matt h the connection of my colleague and myself with this body. The oocasion, however, Justifies, If It does not call for, some parting words to those whom we leave behind?seme forever, others, we trust, to meet again, to participate with them tn the noble work of constructing and defending a new confederacy, which, If it may want, ui first, the grand proportions and vast re sources of the old, will still possess the ossential elements of greatnesr?a people bold, hardy, homogeneous in interests find sentiments, a fertile soil, an extensive territory, the capacity and the will to govern them selves through the forms and in the spirit of the con stitution under which they havo been born and oducated. Beside all these, they havo an advwtage which no other people seeking to change the government un der which they had before lived, have ever enjoyed? they have to |?ish through no intervening period of anar chy They hive in their several Stale governments, al ready shaped to their hands, everything necessary for the preservation of order, the administration of justice, anil tho protection of tho soil and their property from foreign or domestic policy. They can consult with calm ness, ai d act with deliberation on every subject, either of immediate int. rest or future policy. But if we do not greatly mistake the prevailing sentiment of the South ern mind, no attempt will be made to improve the gpon stitution. We shall take it, such us it is?such as has been found sufficient for our security and hippiuess so long as its true Ppirlt lived iu the hearts of a majority of the pis>ple or tho tree Slates, and controlled the action, not <>uly of the federal, hut ot the State Legislatures. We will auopt all low* not locally inapplicable or incompati ble with our uew relations. Wo will recognise the obll gallons of all existing treaties?those respecting tho Afri can slave trado included. We shall bo prepuredttjnime our just proportion of the national debt, to aoeMttt for the cot t of all the forts and other property of the United Slates which we have been compelled to seise tn self defence, If it should appear that our (hare of such expen diture hits been greater than in other sections; and, above all, we shall, as well from the dictates of natural justice and the principles of int* rnational law, as of political and geographical affinities, and of mutual pecuniary interests, recognise the rlsht of the inhabitants of the valley of the Mississippi and its liibularies to ttH free navigation. We will g?tn aiitee to them a froo interchange of all agricul tural productions, without tm|*>rt tax duty, or toll of any kind, the free transit from foreign ountries of every species of merchandise, sut^Jeot only to such regulations as may be absoitrtoly necessary for the projection of any revenue system we may establish, and for purposes of police. As for such States of the Union as may not choose to unite their destini with ours, we shall consider them as all other foreign natrons?1"Kimmie* in war?in peaoe, friends." We wish and we hope to part with them amicably, and, si> lar as depends on us, they shall have no provocation to pursue a hostile oourse. But in thw regard we, from the neoessitiee of the case, can only be passive. It will be for the people or the free Males to decide this momentous question. This decla ration, however, requires some qualification. Could the issue lie fairly presented to the people of those States, we should have little doubt of a peaceful separation, with the p< ?sslbility of a complete and the probability of a partial reconstruction on a basis satisfactory to us and honorable to them. But with the present representations in either branch of Congress we see nothing to Justify c * indulging any such expectation. We must be pre pared to resitl coercion, whether attempted by avowed cntrok-p or by a hand heretofore supposed friendly?by open war or under the mors insidious, and therefore the morn dangerous, pretext of enforcing the laws, protect Ing public property or collecting the revenue, we shall not cavil about words or discuss legal and technical dis tinctions. Ws shall consider the one as equivalent to the other, and shall be prepared to act accordingly?aitroqns arUtn, paraii you will find us ready to meet you with the outstretched hand of fellowship or in the mailed panoply of war,a? you may will it. Klect between these alter natives. We have no ides that you will even attempt to invade nur soil with your ariuies. llut we acknow ledge your superiority on the sea at preeeut, in somo degreo accidental, but tn the main natu ral atid permanent, until we shall have ac quired better jiorts for our marine. Vou may, if you so will it, persist in considering us bound to you during your good pleasure. You may deny the sacred and Uidefe&siDte right, we will not say of secession, but of revolution?aye of rebellion, if you choose so to call our action?the right of every people to establish for Kself that form of government which it may, even in Its folly, if such you deem it, consider best calculated to secure Its safety atul promote Its welfare. You may ignore the principli s of our immortal Declaration of Independence. You may attempt to reduce us to subieotlon, or you may, under color of enforcing your laws or collecting your revenue, blockade our ports. This will be war, and we shall meet it with different but equally deficient weapons. We will not permit tho consumption or introduction of any of your manufactures. Every sea will swarm with our volunteer militia of the ocean, with the striped bunt ing float 'tig over then heads?for we du not mean to gtvo ap that Uag without a bloody struggle. It Is ours as much as yours, and although for a tune more stars may ?blue on your banner, our children, tf not we, will rally under a constellation moro numerous and more resplen dent than your. You may smile at this as an impotent boast, at least for the present, If not lor tho future. Hut if we need ships and men for privuteerlng, we shall be amply Sup plied from the asnio booms as now almost exefustvery furnish the means for carrying on with such unexampled vigor the Atncaii slave trade?New York and'New Kng land. Your mercantile mat ine must either sail under fnicigv flags or rot at your wharves. But, pretermitting ?|s remedy, she- w ill pasr to unother equally efflosclous. |rry cMilzed nation now is governed In its foreign re tons hy the rule of recognizing governments <U fmcto. Yon alone invoke the doctrine nf Jrjmri, or divine right of lording over an unw illing people strong enough to main tain th' ir power wi'hln their own limits How king, think van, will the great naval Powers of Europe permit you to impede their free intsreourse with their b&t customers for tbeir tar.ous tabrics, and to stop the supplies of the grrst st pie which is the most important twsls of their manufacturing industry by a mere paper bkx-kadef You were, with all ine wealth and resource* of this once great confederacy, but a fourth or fifth rate naval Power, with capacities, It is true, for large, and in a Just quar rel, almost Indefinite expansion. What will you be when, not merely emasculated by the withdrawal of fifteen States, but warred upon by them with active and inveterate hostility. But enough, perhaps somewhat too much, of this. We desire not to speak to you In terms of bravado or menace let us treat each other ss men who ??re d< terrnined to bresk off unpleasant, incompatible and .i..profltable relation. Cease to bandy words, *nd mutual ly leave each other to determine whether Ihetr differences shall lie decided by blows or by the code which some of us still re~cignise us that of honor. We shall do with you as the French Guards did with the itagllsh St Fonte noy. In a preliminary skirmish the French and l&igltaJ) guards met face to face The Knglish guards eourteouo ly saluted their adversaries by taking off their hats. The French returned the salute with equal courtesy. Lord llsy, Of the Inglisb Guard, criud out, in a loud voice, 1 "Gentlemen of the French Guard, fire!" Count 0. Acto rcche replied In the same tone? -Gentlemen, wo never f re fiist." The English took them at their word, and did Ore first. Being at close quarters the effect wsa very de structive. nnd thn French for a time were thrown Into some de-order, but the fortunes of the day were soon re stored by the skill and courage of Murshal Rare, and the Knglish, under the Duke of Cumber and, suf fered one of the most disastrous defeats whieh their military atuials record Gentlemen, we will not fire first. We have often seen It charged thnt the present movement of the Southern S'atss Is merely the consummation of a Axed purpose, king entertained by a fow Intriguers,for the selfish object of personal aggrandizement There never wss a greater error. If wo were not about to part we should say S grosser or more atrocious calumny. Oo not deceive year selves This is not the work of political managers, but of the p? ople. As a general rule the hutlncta of the mnsscs snd t*-e segsoty of those whs In private life had larger opportunities for observation and reflection, had fati*lieu them of the n* cessity of separation kmg before their :trcustnmed party trailers were prepared to propose It. We sppeal to every Soothers Senator yet remaining here whether sui h be not the case in his own Mate. Of its truth 1 ran give no stronger il'uatrstkm than Hie vote In the Ijtulslana Convention of ISO members, every dele gate being In his seat, voted for immediate secession, ,u.d of the seventeen who voted against it there srere not more then fbnr Or five who did not admit the neoss stt) of se|<arali >n, and only differed as to the time and mndeof IWlcoon>i'!lshawet Nor Is the mere election, by the forms of the t< n-tltntk>n, of aPresWeet dlstasto continued on eighth page.