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Vermont watchman and State journal. (Montpelier, Vt.) 1836-1883, August 15, 1850, Image 1

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Public No. 11.
AN ACT for the construction of certain
roads in the territory of Minnesota, and
for other purposes.
Be it enacted bit theSmate and House of
Representatives of the United States of
America tn Congress assembled, 1 naj tlie
following sums of money be, and they are
hereby, appropriated for the corislructiopbf j
roads in the territory of Minnesota, to wit:
For the construction of a road from Point'
Douglass, on the Mississippi river, via Cot
t.iire Grove, Stillwater, Marine Mills, and
Falls of St. Croix; to the Falls or Rapids of
the St. Louis River of Lake Superior, fif
teen thousand dollars ; for the construction
of a road fioni Point Douglass, via Cottage
Grove, Red Rock, St. Paul, and Falls of
St. Anthony, to Fort Gaines, ten thousand
dollars; for the const! uciion of a road from
the mouth ofSwan River.or the most avail
able point between it and the Sauk Rapids,
to the Winnebago agency at Long Prairie,
fire thousand dollars ; for the construction
of a road from Wabashaw to Mendota, live
thousand dollars; and for the survey and
laying out of a military road from Mendota
to the mouth of the Big Sioux river, on the
Missouri, five thousand dollars. The said
roads to be constructed under the the direc
tion of the Secretary of War, pursuant to
contracts to be made by him.
Sec. 2. And be it further enacted. That
the Governors of Oregon and Minnesota
shall report to Congress annually a detailed
statement of the expenditure of money ap
propriated by Congress for the use or ben
efit of said territories, which is expended
under the order or supervision of the gov
ernor and assembly.
Approved, July 15, 1853.
PunLic No. 12.
AN ACT authorizing the Legislative As
semblies of Minnesota and Oregon Terr
itories to prolong their next annual ses
sion to a period of ninety days.
JBe it exacted by the Senate and House
of Itcpi csentalices of the United States nj
America in Congress assembled, That the
Legislative Assemblies of Minnesota and
Oregon Territories be, and they are hereby,
. authorized to prolong their next annual
session to a period of ninety days, any thing
contained in any former act or acts to the
contrary notwithstanding.
Approved, July 18, 1850.
Public No. 13.
AN ACT to grant the franking privilege t"
Mrs. Marcaret S. Taylor.
JBe it enacted by the Senate and House of
Representatives of the United States oj
America in Congress assembled. That the
franking privilege" heretofore accorded to
the widows of the deceased Presidents be,
and the same is hereby, granted to Mrs.
Margaret Smith Taylor, relict of Zacliary
Taylor, late President of the United States.
Approved, July 18, 1859.
Public No. 14.
AN ACT to provide for recording the con
veyances of vessels and other purposes.
He it enacted by the Senate and House
of Representatives of the United Slates oj
America in Congress assembled, 1 nat no
bill of sale, mortgage, hypothecation or
conveyance of any vessel or part of any ves
sel of the United States, shall be valid
against any person other than the grantor or
mortgagor. Ins heirs and devisees, and per
sons having actual notice thereof, unless
such bill of sale, mortgage, hypothecation,
or conveyance, be recorded in the office of
the collector ol customs where such vessel
is registered or enrolled : Provided, That
the lien by bottomry on any vessel, created
during her voyage, by a loan of money or ma
terials necessary to repair or enable such
vessel to prosecute a voyage, shall not lose
its priority or be in any way afiected by the
provisions of this act.
Sec. 2. And be it further enacted. That
the collectors of the customs shall record all
such bills ofsale, mortgages, hypothecations
or conveyances, and also all certificates for
discharging and cancelling any such con
veyances, in a book or books to be kept for
that purpose, in theordcr of their reception
noting in said book or books, and also on
the bill ofsale, mortgage, hypothecation, or
conveyance, or certificate of discharge or
cancellation, the number of the book and
page where, recorded; and shall receive-for
so recording such instrument of conveyance
or certificate ot discharge, hlty cents.
.Sec 3. And be it further enacted. That
the collectors of the customs shall keep an
index of such records, inserting alphabeti
cally the names of the vendor or mortgagor.
and of the vendee and mortgagee, and shall
permit said index and books of records to
be inspected, during office hours, under such
reasonable regulations as they may estab
lish, and shall, when required, furnish to
any person a certificate setting forth the
names ol the owners ot any vessel register
cd or enrolled, thepartsor proportions own
ed by each, (if inserted in the register or
enrolment,) and also, the material facts of
anv existing mil of sale, mortgage, hypoth
ecation, or other incumbrance upon such
vessel, recorded since the issuing of the last
register or enrolment, viz: the date, amount
of such incumbrance, and from and to
whom, or in whose favor made; thecollec'
tors shall receive for each such certificate
one dollar.
Sec. 4. And be it further enacied, That
tbe collectors of the customs shall lurnish
certified copies of such records on the re-,
ceiptol nlty cents for each bill ofsale,
mortgage, or other conveyance.
Sec. 5. And be it further cnacted,"Tha
the owner or agent of the owner of any Tes
te! of -the United' States, applying to a col-
. ,iector oi me customs lor a register, or, enrol
j roent of a vessel, shall, in addition to the
r .oath now .prescribed by law, te forth in
the oath of ownership the' part or proportion
i.. of such vesel belonging' to each owner,- and
the same shall ,b'e Inserted in the register ,or loTthe preceding section, or of the disability
enrolment; and that all bills of sle ofjreihior neglect of the drstnet jiidges designated
sel registered or enrolled shall aet forth the
part of the vessel owned by eachpersoa
selling, tfnd the' part conveyed to each' per
son purchasing; t
Sec: 6. And beii further enacted, That
the twelfth' clause or section of the act en
titled " An act in addition to tbe several
acts regulating 'the shipment arid discharge
ol, seamen and the duties of consuls," ap
proved July twentieth, eighteen hundred
and forty, be, so amended as. that all com
plaints in writing, to the consuls or commer
cial agents as therein provided, that a ves
sel is unseauorthy, shall be signed by the
first, or second and third officers, and a ma
jority of the .crew, before the consul or
commercial agent shall be authorized to no
tice such complaint, or .to proceed to. ap
point inspectors a therein provided.
Sec. 7. And be it further enacted, That,
any person, not being an owner, who shall
on' the high seas ''wilfully, wilf fnleni to
burn or destroy, set 'fire to any ship or other
vessel, or other wise, attempt the destruction
of such ship, or other vessel,, being the
property of any citizen or citizens of the
United States, or procure the same to be
done, with intent afotesaid, and being there
of lawfully convicted, shall suffer imprison
ment to hard labor, for a term lint exceed
ing ten years nor less than three years, ac
cording to the aggravation of the offence.
Sec. 8. Be it further enacted, That this
act shall be in force from .and after the first
day of October next ensuing.
Approved, July 2!), 1650.
Public No. 15.
AN ACT to amend an act entitled " An
act for the better organization of the Dis
trict Court of the United Slates, within
the State of Louisiana, approved the third
of March, eighteen hundred and forty nine
Be it enacted bu the Senate and House
of Representatives of the United States of
Amtrtca in Congress assembled, i hat the
act entitled " An act for the belter organi
zation of the District Court of the United
States, within the state of Louisiana," ap
proved third of March, eighteen hundred
and forty-nine, be so amended that it shall
be the duty of the Judge of the Western
District of said State, to hold a term of the
Court at St. Joseph's in the parish of Ten-
sis, on the first Monday in December of
each year, Tor the parishes olXarroll, fllad'
ison, Tensas, and Concordia, and to. ap
point a clerk of the court for that place;
and it shall be the duty of the clerk ol the
District Court of the United States at Mnn
roe to deliver to the clerk at St. Juseph's,
or to his order, the original papers in all
such cases as properly belong to the court
at that place, together with a transcript of
the proceedings thereon ; and it shall helhe
duty of the marshal of said western district
to attend the terms of said court at bt. J
seph's, by himself or deputy, and to perform
all the duties of his office for that court in
the same manner and with the same pow
ers, duties, and emoluments, as he is requir
ed to do for the courts at other places in
the district, by the .act to which this is an
Sec. 2. And be it further enacted, That
writs of error and appeal shall lie trom de
cisions of the District Court of the Western
District of Louisiana, exercising circuit
court jurisdiction, to the Supreme court of
the United states in the same causes as
from a Circuit Court to the Supreme Court,
and under the' same regulations,
Sec. And be it further enccfed, That the
parish ot liienville shall form a part of the
Western District of Louisiana, aud be one
of the parishes for which a court is to be
held at Slireveport; aud that the parish of I
Caldwell shall be one of the parishes for
which a court is to be held at Monroe; and
that this act shall take effect from aud after
its passage.
Approved, July 29, 1850.
Public No. JGJ
AN ACT to amend an act entitled "An
act to regulate- the collection of duties
on imports and tonnage," approved
March second, seventeen hundred aud
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, I hat so
much of the waters of the Narraganselt bay,
aud the shores, bays, harbors, creeks, and
inlets, in the state of Rhode Island and
Providence Plantations, as are within the
county of Kent, including the port of Eisi
Greenwich, and that prrt of Warwick lying
upon Greenwich Bay, is hereby taken from
the collection District of Newport, iu said
State, and attached to, and made part of,
the collection district of Providence.
Approved, July 29, 1850.
Public No. 17.
AN ACT to provide for holding the courts
of the Uniteu States in case of sickness
or other disability of the judges of the
district courts.
Be it encutcd by the Senate and House of
Representatives of the United States of
America in Congress assembled, 1 hat in
case of the sickness or other disability of
any district judge of any judicial district of
the United states, which snail prevent him
from holding any stated or appointed term
of the district court of his district, or of the
circuit court in the aosence ot the cir
cuit judge,- aud upon the fact of such sick
ness or other disability being certified by
tbe clerk of euch district court to the cir
cuit judgo of the circuit within which such
district may lie, it shall be lawful fur such
circuit judge, if in his judgment the public
interest shall so require, to designate and
appoint the district judge of any 'other judi
cial district of (he United States, within the
same circuit, to hold the district court or
crcuit .court in ctae of the sickness or ab
sence of the circuit judge, in the place of,
and discharge all the judicial duties of the
district judge, who may be sick or other
wise disabled as'aforesaid, while such sick
ness or disability, shall continue; which ap
pointment ahall.be filed in the office of tbe
clerk of the aaid, district court, and be en
tered on the minutes of. said court, and a
certified copy thereof, under tlie teal of the
court, be, bysnch clerk, transmitted to tbe
judge so 'designated and appointed.
i 'Sec 2. And e At fartkr enated, .That
in caee. there he no t circuit judge reside at
-within .'sqcn circak, or of bis absence ther&
from or inability to 'MCte the provisions
- i. - .'i f
by, him to hold the courts and transact 'the
business within the district, for which he or
they may be.sodnNsrnated,the:clerkofsuch
district coiirf shall certify such fact or facts
to the Chief Justice of the United Stales;
and it shall thereupon be lawful for the
Chief Justice oT the United States to desig
nate and appoint, in manner aforesaid, nny
district judge within said circuit, or of any.
judicial district within a circuit next im
mediately, coutiguobs: to" tlie one within
which such disability exists which appoint
ment shall be transmitted to such cleric, and
by him acted on "as directed .in, the pre-1
ceding, section.,
Sec. 3. And be it further enacted, That
it shall by the' duty of such district judge as
shall be for that purpose designated and ap-'
pointed, (as, in the preceding, sections pro
vided,) to hold the district or circuit court'
as aforesaid, .and discharge, all the judicial,
duties of the district' judge, who shall be
sick or otherwise disabled as atoresaid, so
long as such sickness or other disability
shall continue ; aud all the acts and pro
ceedings in said 'courts, or by or before
the said district judge so designated and ap
pointed, shall have the same force, effect,
and validity, as if done and transacted by
and before the district judge of said district.
Sec. 4. And be tt further enacted, I bat
it shall be lawful for such circuit judge or
the Chief Justice of the United States, as
the case may be, from time to time, if in
his judgment the public interest shall so re
quire, to make 3 i.ew designation and ap
pointment oi any other district judge ol
ny other judicial district within the same
circuits as aforesaid, with the powers and
for the duties and purposes meutioned in
the preceding sections of this act, and to
revoke and dttermine any previous designa-
ion and appointment.
Sec. 5. And be it further encutcd, that
the district judge sodesignated and appoint
ed to hold the court, and discharge the du
ties of the district judge of another district,
and who shall hold such court or discharge
such duties, shall be allowed his reasonable
expenses of travel to and from his place of
residence in such other district, necessarily
incurred by rcasou of such designation and
appointment, and his obedience thereto;
and such cxpcncs shallwheu certified by
the clerk and the district attorney of the ju
dicial district within which such services
slnll have been performed, be paid by the
niart.Ii4l of such district, aud allowed htm in
his accounts with the United States.
Approved, July 29, 1850.
Public No. 18
AN ACT to regulate the terms of the cir
cuit and district 'courts of the United
States for the district of Ohio.
Be it enacteil by the Senate and House
of Representatives of the United States nf
America in Congress assembled, 1 hat there
shall be held at the city of (Jolumhus, in
the state of Ohio, two regular terms of the
circuit and district courts of the United
States for the district of Ohio, in each year,
which shall commence respectively on the
third Tuesday in May and the third Tues
day iu October, in each year, and so much
of any law as requires the terms of said
courts to be held in July and November,
respectively, ij hereby repealed.
Sec. 2. And be it further enacted, That
all issues now pending in either ot said
courts shall be tried at the terms herein
provided fir, and no process issued or pro
ceedings pending iu either of said courts
shall be avoided or impaired by this change
ol the tune of holding the same, but all pro
cesj, bail bonds, aud recognizances, return
able at the next term of either of said
courts, shall be returnable and returned to
the court next held under this act, In the
same manner ai if so made returnable on
the fice ihereof, aud shall hare full effect
accordingly. .
Approved, July 29, 1850.
Public No. 5.
A RESOLUTION expressing the condo
lence r Congress lor Mrs. Margaret o
Resolved by the Senate and House of
Representatives of the United States of
America tn Congress assembled, that the
President of the Unued States be requested
to transmit a copy of the proceedings of the
two Houses on the tenth instan', in relation
to the death of the late President of the
United States, to Mrs. Margaret S. Taylor,
and to assure her of tbe profound respect of
the two Houses of Congress for her person
and character, and of their sincere condo
lence on the Utc afflicting dispensation of
Approved, July 18, 1859.
Pubuc No. 6.
JOINT RESOLUTION for restoring the
settlement of the "three month's 'extra
pay" claims to the accounting officers of
the treasury.
liesoloed bu the Senate and House of
Representatives of .the United States of)
America tn Congress assembled, I hat from
aud after the passage of this act, the unset
lied claims oi the officers, non-commission
ed officeis. musicians, and privates, for
three month's extra pay for services in the
war with Mexico, as provided for bv the
fifth section of the act approved July nine
teenth, eighteen hundred and forty-eight,
chapter one hundred aud four, which, by a
joint resolution ol Congress, approved July
. n: -!.. 1 1 I I r..i..
iweniy-uiuiii, eiguiceu uuuurcu aim wiiy
eight, it ws made the duty of the pay de'
partment of the army to settle, under such
regulations as .the Pay mas:er General, with
the approval of the Secretary of War, shall
establish, be, and the same arc hereby,
directed to be settled by the second Audi
tor', aud certified by th'e second Comp
troller of the treasury. That all muster and
pay rolls, and all other papers relating. to
said claim's on file in the Paymaster Gener
al's office, be transferred to' the second Au
ditor's office, and that the settlements made
by ttie'Pay Department', under the joint res
olution' approved the twenty-ninth' day .of
July, .eighteen hundred and lorty-eignt, be
considered as valid as if they had been made
by ihe.accountiiig officers of the Treaaary.
d ty The number of deaths in'N.tY: last
we'ekwu529, of which not1 one5 was1 by
cholera1. 32e;were ondcrfire jetnaMr-"
, Anef dotes of; Oear xtjrier.
.The attfcjeined.anecdotes of Gen; Taylor
.. -' f i j ,
(extracted irom a Deaumui-euiugy; oenr
ered in Salemi Mas& by.-tbe Hon, Jf r.,Upi
hara. of-tbat city)-:speaki.volaes'of the.
nobility' and gentleness of the lanentedrhet
rn .in wnnan'cnaracier were unueu me ari-
"lesshess anil simplicity of the playful child
1 ..::.i. .w. j;...ii -..a t.j:i.;
bearing of "rttiebravesi off the braye ft J"
'''The 'extraordinary modesty of General
Taylor, and. the fact that.after.all, bis mind 1
did not take pleasure in the recollection of
the scenes of war, led hiin; to be rather .re
luctant, to.talt much about his battles, ljut
it: happened to be ray privilege, accompan
ied -by only one of his military friends,, to
hear from his'own lips'a minute arid graph
ic account 'of his experiences throughout
the entire period of.the battle of Bueni Vis
ta. Heboid, me .that during the whole of
the second) .day be fully; expected; to. die;
and. that he bore'each moment the'thqught
that it might be his last that oh no other
similar occasion 'of his life Hid he carry
with him such a feeling.
lie showed me where his clothes
perforated by balls. The'- outside' edge of
his coat sleeve, just below the shoulder of
his right arm, .was cut away, as also the lin
en, and the flannel undergarments, and the
skin was blackened and burnt but not torn,
and two bullets perforated each several
times, the folds of his coat as it flapped
loose at his right side, within an inch of his
person, and .about three inches apart, one
above the other. These statements he made
in connection with an answer iu the nega
tive to my inquiry whether he bad ever been
wounded. I then' told him that, believing
in a' particular Providence, I had sometimes
thought that his life had been thus remark
ably preserved for some great purpose
usefulness to his country.
With the most striking and delightful
meekness of manner, the color coming to
his cheek, and his eye moistening as he,
spoke, he said that the preservation of his I
life had indeed been wonderful, and then
went on to express a hope that his country
men would all do him the justice to believe:
that it was farthest possible from his own
wishes or thoughts ever to have been bro t
forward for the Presidency ; that all he
could say was, that he should do his utmost
to fulfil tbe obligations of the office into
which the course of events had brought
him. He humbly hoped, he said, that he
might be of service to his country, and that
my sentiment might be justified by the re
sult. After this very interesting passage, he
recurred to the subject of the battle, narra
ted his movements during both its days and
nights, the particulars of the critical mo
ment when the fate of the day hung upon
the services of Col. Bragg's pieces, and the
facts connected with the, strange and inex
plicable flag that came to him from Santa
As this incident of the battle may possi
bly, if the secret history of the war is ever
fully revealed, be found to shed light upon
it, I will here record the facts, related to
me by General Taylor himself. During the
height of the conflict a flag was seen ap
proaching. The emergencies of the -day-bad
so stripped him of his staff, that having
no one to send, he went himself to meet it.
As the young officer who bore it could not
speak English, nor he Spanish, the confer
ence took place in French. The commu
nication was this: " General Santa Anna
desires to knoiv what Gen. Taylor wants ?"
Feeling somewhat indignant that a message
-so apparently impertinent should have been
sent at such a moment, and regarding it as
perhaps a device merely to 'gam time or
some other illegitimate advantage, or, at the
best, as a species of trifling, he gave an an
swer dictated by tbe feeling of the moment
- " VVhat General Taylor wants b General
Santa Anna's Army."
Here .the 'conference, closed, and the
Mexican, officer withdrew. Upon a mo
ment's reflection, he regretted that .he had
given an answer so undiplomatic, and hav
ing so much the air of a repartee. He
called to mind the fact that his government
had advised him that they had favored the
return of Santa Anna to Mexico, from a
belief that he was disposed to promote, and
might have influence enough with his coun
trymen to effect a termination. of the war,
and it occurred to him really designed to
open the way for negotiation, and, perhaps,
a pacification an object ever near to his
heart. He rode over the fields in search of
General Wool, made known the circum
stances to him, and suggested, if not too
great a personal exposure, the expediency
of his carrying a flag to the Mexican lines
to ask an explanation ot tbe message,
To .send an, officer .of his rank, character
and position, would remove tbe indignity.
if it should be so regarded, of his blunt and
summary answer. General Wool readily
and gallantly undertook the service, and
rode forth to execute it, but the fire, of the
Mexican batteries could not again be stop
ped,, aud, no.furtber parley took, place. A he
next morning, when Colonel Bliss .was sent
with a flag to the Mexican Head Quarters,
he was requested to ascertain what had been
intended by the message of the previous
day, but he found the state of things such
as to render it vain to enter upon the sub
ject, ti ne. import 01 ine message remains
unriddled to this day. Santa Anna can un
doubtedly solve the enigma,
In tlie. conversation, from which I deri
ved, these interesting items of information,'
General Taylor described to me the. anxious
consultations of the. second night of the
battle. His officers came to him, one after
another; expressing a decided opinion jhat
his army was too much broken to he brought
op to the struggle another day. He declar
ed to them his belief that, dreadfully as his
forces had suffered, the enemy had suffered
worse, that retreat or any other alternative
Was entirely oat of the question, that he bad
made his arrangements to present, still, a
' formidable front to the foe, and all that re-
' :. If' 1 .' I .1 - - 1
mainea tor ineni was u umkc up ineir minus
to conquer or uio uwciuciy 11 iue aasauii
upon their position should be renewed with
I ine .returning light. " BaLsaid he," gen
"Tlefflefl, it'ViH'not be renewed.- 1'surveyed
tbe whole field as the sun went do'wn, and
I believe we have, beaten the enemy." '
y ;Wha the. third; day dawned it was dis
iMrered that Santa Aiwa'had. led from the
twtMiwL General Taylor wataatlr ordered
ft ttaM wagons; provided rwiUf pedieal
;' i bis ry sin 1
by surgeons from.his,pwn army, to., follow-
on .me tracK ot tne.Mexicans, : aam(His-j
terto the wants ot. the wouuaea( ana aist?
blea whom thev had abandoned W their 're
treat! .'Upon some' one's expressing doubt .
'.1..'ilIs - ir iJ 1
wagons,'' for the benefit: of 'the'leveco,
would be allowed by 'the Department, Tay
lor cut the difficulty short,;at once,' by say-1'
ing'. '-'Then 1 will! pay tbeo bill',' and to'
provide; for thejcontingencyr redirected a'
separate account to be kept of all that, was.
fxpended for thq purpose. .
. , r
A- Marvellom Story.
A Washington correspondent of the New
York Courier, relates the following .
- y I .lesrn from an unquestionable .source,'
that, a gentleman, reported to be ofcpnsid
erable character and influence in the, South
visited Mexico incognito, in the mohthof
April )ast, and afier various conferences
with persons in authctr.-'fihally's'ubmitfed
a formal and well prep'aisd proposition for
the establishment of a Soathern confedera-'
cy, into which that Republic was to.be
merged. One of the arguments and reas
ons that were urged, upon .the persons ito
whom this scheme was submitted, as enti
tling it to favorable consideration; was, .that
the city of Mexico would probably be selec
ted as the capital of the New Empire.since
a part of the plan embraced the extension
of its territory peaceably or forcibly, farther
South. That project was laid before the
Mexican Cabinet by M. Laconza, the Min
ister of Foreign Affairs, and was urged by
him in council, iu a-speech of considerable
length. It was resisted by other members
of the Cabinet and finally .declined. The
agent of this nefarious scheme left soon af
ter for California. Mr. Dovle. the British
f ! Minister, was made aware of these proceed
ings, if he did not lend them countenance;
but the impression is, that the conspiracy
received decided encouragement from the
British Legation. I am restrained by con
siderations, affecting the personal safety of
individuals, from disclosing the reasons
which operated on the Mexican Cabinet, in
rejecting this infamous overture, and .also of
doing justice to those who entitled them
selves to immortal honor for scorning and
denouncing the proposition of the traitors.
The day may not be distant when they cnu
receive full justice, and with less danger
than, at present. President Taylor was not
ignorant of this design, and with bis usual
sagacity and resolution had provided against
injurious consequences."
Mr. Clay on State Rights.
In the Senate of the United States on
the 1st instant, Mr. Clay denounced the
South Carolina heresy of the right of a
state to nullify the laws of the Union, in
one of those eloquent and forcible invec
tives for which he is celebrated. Mr. Ma
son expressed his astonishment at bearing
from Mr. Clay the declaration that a state
could be coerced or could be prevented from
withdrawing from the Union whenever she
chose. Mr. Clay re-affirmcd it, and allud
ed thus to the pretence of certain agitators,
that they spoke for:
The South. There is language too of
ten employed by Senators speaking for tbe
South, " the South," the whole South.
Sir, I think it would be very fortunate if
Senators were always confident that they
were truly representing the sentiments of
their own state, without undertaking 'to
speak the sentiments of States exterior to
their own. Now I speak in no unkind spir
it toward the Senator from Virginia, when
I say, I believe that if the people of Vir
ginia had been here, .four-fifths of them
would have voted for that compromise meas
ure which the Senator has fell it a consci
entious duty to oppose and vote against.
Sir, I know that the opportunities of the
gentleman from Virginia to obtain informa
tion are much greater' than my own. But I
profess to know something about the senti
ment of the state' which gave me birth.
And I believe that tomorrow, if the people
of Virginia were polled, three-fourths or
four-fifths of them would be found to be in
favor of this measure. Now, does the Sen
ator from Virginia, or the Senator from
South Carotins imagine, When tbey have re
turned .home to their constituents with the
opposite opinions prevailing upon the sub
ject of this1 compromise with this olive
branch held out to the whole Union do
they expect to be able to have' the sword '
drawn against the' Union T, there never
was such a conflict of opinion as will arise
in. the slavaholdiug states upon the very
ground of the rejection of ibis compromise.
What isthe-Doctrinb or Nullifica
tion 1 Mr. President, I bare .said I want
to know.whether we are bound .together by
a' rope of sand, or an effective, capable gov
ernment, competent to enforce the powers
vested In it by the constitution of the Uni
ted States. And what is the doctrine of
nullification set up again; revived, resusci
tated, not enlarged, nor improved, nor ex
tended in this new edition of it? Why,
that a single state shall undertake to say that
a lair passed by the twenty-uine other states
is unconstitutional and void, and that she
can raise the standard. of resistance and de
fy the authority of the twenty-nine. Sir, I
denied the doctrine twenty years ago;, 1
will die in denying it. There is no such
If a state' chooses to assume the attitude
of defiance to the' general authority, and to
set up'its separate opinion' against the twenty-nine
other states, it takes the consequen
ces upon itself, and the question is reduced
to thisr Shall the twenty-niue yield to one.
or shall , we .command the, one 1 Call her
by what name you please a state, a corpo- ,
ration, a sovereignty if.a state puts her
self up agajnst the aothority of the Union,
it must submit to the consequences of re
volt,' as any other revolting 'community must.
Will the Armt do its D'trrrt Nor,
sir, peed gentlemen lay to 'their, souls, the
flattering unction' that the rmjr is compos-:
ed of officers from Kentucky, Virginia,,
South Carolina and other states, who will
not'draw the sword' te 'pui 'dewa. 'dtswiidn)
and nullification.. What, sir ! The army1
of the United States under the command of
the Cfaiaf.liagisttate of the.'.UioBr, or ua-
oerjne eommta ot.tne gauaiu oracer wao
led in the coaqoest of Mexico, not do their
duty ! GeatleiaeR will.fHtdilieaselres ve-:
ry muca.iHinarii, 11 wey umsx annnj state
of thiBft wit' arise. And I'niay say'; I'did
act petite0 cist'' of Tirmaia.' rretiet
, . ' . '-Jis ii
her; I venerate her. Sher is: my parent,
and. I have feelings, towardher which 'are
inspired hi, the una! bosom towards; its pa
rent. .L did not put the .case of Virginia by
name." jI pu t the 'case of novate bv name.
The honorable' Senator' from ' South ' Caroli
na put1 his; words into, my 'mouth, when1 he
made ine refer to bis state. ' I 'respect eve
ry state.- But'if "any slate chooses to array
itself in opposition to the aaihority' of 'the
United Sutes-and.ortier ita citizens .to ar
ray themselves hi a hostile! attitude toward
the Union, the.Uuion is gone, or that resis
tance must cease c - -
BernamtteANB BnoTcs-n The honor;
able Senator .from South, Carolina tells us
of the situauon of Bernadotte, who, when
he came.tQ the conhDes oi c ranee, wasunr
willing to invade 'his nativecouiitry. Let
me remind the country" of a case much
more analagous to lrue republican doctrines
than the, case, of the King of .Sweden.. I
admire more .that Roman father, who, for
the sake of Rnme,;condemned and, caused
to be executed his' own-son. That is more
in accordance with my notion of republican
'Tun Union is pun Countrt. The hon
orable Senator speaks of Virginia being my
country. No, sir, this Union is my coun
try. The thirteen states are my country.
Kentucky is my country. Virginia is 110
more my country than any other of the
states of the Union. She has created on
my part obligations and feelings and duties
towards her, in my private character, which
nothing on earth would induce me to forfeit
or violate. Bat I will' put the case of my,
own state. If my- own state, contrary to
ber duty should raise the standard of disun
ion against the residue of the Union, I
should go against her even against Ken
The news from California brought to New
York by the steamship Cherokee, possesses
much interest.
The Cilifornians are airaiting with con
siderable anxiety, the action of Congress
upon the question of admission.
Immigrants are as rapidly as ever pouring
into the country. Coal has been discover
ed both in California and Oregon. A com
pany is about to be organized in California
for the manufacturing of salt from salt
buildings are rapidly covering the burnt
district in San Francisco, and business is
reviving. A fire department has been or
ganized, permanent reservoirs of water hare
been prepared at convenient distances thro'
out the city, and every means taken that tbe
prudence and intelligence of our citizens
could devise for the prevention of similar
disasteis in future. Besides, the most of
the buildings now-in progress of erection
are of brick aud fire proof, and several of
them have wells dug in them, aud arc sup
plied with a fire apparatus.
High witeriitill prevents much activity
at the mines, but the rivers are rapidly sub
siding, ihe mining region is generally
quiet, though some shocking murders have
been committed.
A robbery of $32,000 in gold, consign'
ed to Bebec, Ludlow and Co. of this city,
was perpetrated on the Isthmus, while the
mule train was oassing from Panama to
Chagres. The robbers made their appear
ance, and took possession of the mule which
was laden with three boxes containing the
above amount. The force with the train
was not sufficient to repel them, and they
carried off their booty. Nu trace of them
could be found afterwards. Bost. Atlas.
The following summary is copied from
the San crancisco Herald, ol July 1st.
A new element of enterprise has been in
troduced into the' country for the develope
mcnt or Us mineral wealth. We refer to
tbe machinery for crushing the quartz rock
brought here" by Edward Be ale, Esq. late of
the. United States ISary. As it is generally
believed that the gold bearing quartz exists
iu vast quantities, not only in Mariposa, but
through the whole length of tbe country,
from North to South, the employment of
crushing machinery will constitute a most
important means of obtaining the immense
quantities of gold now so difficult of access.
The Indian troubles, which had. in some
measure interrupted mining operations, and
had created considerable apprehension of a
general rising, have ceased almost altogeth
er. 1 he success 01 the military expedition
to Clear Lake and Russian River, has had.
a most salutary effect, and the miners are
110 longer interrupted iu their occupations.
The operation of the " Act for the better
regulation of the mines and government of
foreign miners," has tended more than any
other cause to create a derangement of bu-.
siness in the mines. As will be seen by in'
telligence in other portions of this paper,
the collector of taxes under this law has
been quite unsuccessful in Mariposa county
and there will, in all probability, be an
effort shortly made to call the legislature to
gether, for the purpose ot modifying the
law. The truth is, the tax is too high ; and
although there is every reason why persons
not citizens of the United States should pay
something to the support of the State gov
ernment that protects them, yet the swollen.
state of the streams and other1 causes have
conspired to render them unable as yet to
pay-toe very large sum wnicn the law ex
acts. We, must except from this statement
the counties of Salter and El Dorado, in'
which the tax has been collected without
much difficulty. A writ of quo warranto is
now being: argued before the Superior Court
of this city, requiring htv Oi. mglee to show
cause whyi he exercises the office of collec
tor of mining license under the law! Tbe
court will doubtless hold that the question
of the constitutionality of the Jaw cannot
be goue.into,'and;the tvnt will be quashed.
Vieginia DiaiocBAcr. Mr. II. Hancock
of Chesterfield Co. Va. who has been nom
inated by ' the .Democracy' of his District
for the Constitutional Convention,' .accepts
me.uuuur, iu a setter wucrem ue ja,.
" Tbe basis of representation'will be the
most important qaestion before the Conven
tion. 1 Upon this subject I will be brief.
No consideration whatever could induce me
to gira .up' the mfaed btuis i.'e.-lta princi
ple of population and taxation :coseiaed, m
both bnuchea qfx, thec Legislature , Upon
this jbasisooe can we of, the Eijo for
sacarity to our riiWandpojKrty.I would
not aak this as a jNnw'or comproMite,' but!
would deawad it at a right, Barer la betet
rendered so loaf-ai. taxable property HBe-
auallv dutnfattad thrmwhaMt-fh Stmi Tt
it r ig hi' and jtt hat these ,'w h o pay the
greaierawoaat: of; taxes for the support of
the Sute, Government, should. hare a con
trotlmir azeWr in1 the raisin and'dubarae.
ment of the same."
That is" first' rate 'Demoeracv
VkgMHvbati hew would it answer in New
Or Vermont.
Taif TijkcaisE'oFNEW Mexico Tim
HoBHTruifan Smith, in his speech inthn
National Senate, on tbeSthiasU produced
full andjOfficial statistics to show, thaf the
Te'rritoriesTof.the New Mexico' and Califor
nia cost ine union 9io4,irjs,53 Co in the
expenses of ihe , war and tlie inderanity'paid
for this territory acquired Besides, which
we have the following statistics of the loaa
of' human life in tbe war The' number 'o
deaths returned by ihe'ofucers' of the army
is 12,878 ;r9,749 vfere'?discharged fbrdisa
bility, of whoraat least half have died,. say
4,&7&; 73,200 me we're mustered into ser
vice during the. war, and 50,573 were. mus
tered out;, pi, i the residue, amounting to
22,637. 20,072 .were. returned as dead, dis
charged, or deserted,, and. the difference.
2,615, are supposed to be dead; of7 those
uiuaicreu outoi service, it is estimated Ufat
ten per cent, or 5,114, have since, died ;
thus making in the aggregate, a loss of 25.-
481 Ifves through this war.
A Centsnakian; John Vanhooser lives
in the county of Jefferson, Tennessee, and
he voted for Gen. -Washington for the. Pres
idency. He is in the I22nd year of his age.
Until recently, the. Knox vide (Tenn.) Reg
ister tells us, he was in the habit of walk
ing to and from; that town on calls of busi
ness, a distance of five or six miles, with
out experiencing fatigue. He is a German
by birth, but emigrated to this country a-
bout one hundred years since. He was in
several of tbe most important battles of the
Revolution. He voted for General Wash
ington for President of the United States.
and boasts that he has never failed at any
election for President from that time to the
present, to vote the Whig ticket. Recent
ly one of his daughters, a lass of eighty
years of age, 'paid him a visit, and found the
old gentleman, in bis usual health. We
doubt if another such case of longevity can
be found in the United States. New York
Mr. Webater'a Plan.
As the Compromise has been defeated, (re
sulting simply in a territorial bill for Utah,) Mr.
Webster's plan.'aidicated in his last speech, as
sumes a new importance. We therefore copy
from the speech as follows :
SNow, sir, I am prepared to say that if this
measure does not pass, I am ready to tor any
proper measure that can pass and will pass. I
shall never consent to leave this session of Con
gress until some provision be made for New
Mexico. Utah is less important. Let her re
pose herself on her salt plains on the borders of
her salt lakes another year, if it be necessary.
lAlau-jhl But as to New Mexico, situated as
she is, with tbe controversy on hand which she
nas uau wun ner.more powerful neighbor Texas,
I thill never consent to the adjournment of Con
gress till proper provision be made for evadinir
collision and settling the question of the highest
importance oeiwen mat territory and that state.
No, sir, I have- a. strong objection to a prena
ture creation of States. I have stated that ob
jection at large, in the Senate, two years ago.
I ho bungin; in or small States and with a very
small number of people, with an equal reprcsen-
uuon.oi ine, largest ouies in me union, deran
ges and disturbs tbe proper balance between tha
tienatc and House of Representatives in Con
gress. It makes the Senate a kind of oligarchy.
rbere may be s!x.orcurbt or ten small States in
tlie Southwest haviojr as many Senators in Con
gress as they have Representatives. This ob
jection is founded ugon tbe incongruity which
ao ytuuuica in uie cuusuiuuonai rela
tion of the Senate and House. It disfigures the
symmetry of the Goyernraent, and in this respect
11 uoes not maae ine sunniest possible dinerence,
in my estimation, whether thev are to be free
States or slave Stiles. I am not disposed to
make aTerritorv that is immature, and not fit to
come into the Union on account of the want of
population, a State. That it will be a free Statu
does nat weigh with me a hair. But my objec
tion has been mads and is, as I have stated 'or
attempted to state, that the admission of such
States with a small amount of population deran
ges the system it rmkes tbe Senate what it was
never intended by the constitution to be.
Bat, nevertheless, sir, as I favor the admission
of California, although she presents herself be-
lore us alter somej irregularities in ber course of
proceedingJtliere are greater evils, in my judg
ment, than the admission of New Mexico as a
State; now at once, or' the provision that she
shall be admitted in a certain time hereafter. I
do nut think- that so great an j evil as to leive
er mexico wunout a .uovernmeni, wunouc
protcction'on the very eve of probable hostilities
with Texas, so far as I can discern, and, to my
mind, wiih the highest probability that there will
arue collision, contest, and for ought I .know,
viuuusucu, iu cue 11 saooia so nippen vox wo
boundary of New Mexico shonld not be settled
by Congress. Sir, I'know no qaestion so impor
tant, connected with ail these matters, as the set
tlement of th: Texan boundary. It immediate
ly and intimately, in my judgment, touches the
question ot me duration ot peace -and quiet in
tbe country, and I cannot conceive bow gentle
men, looking upon this subject in all its aspects,
can content themselves with the idea of retiring;
from their seats here, and leaving this, subject
where it is. ' I should be derelict' in my doty if I
did not persist to tbe last in bringing it to a de
cision by the authority of Congress. i
tt. a motion be made, as it has been announc
ed it is intended to be made, to lay this bill up
on the table, and that motion'prcvails, why this
measure u dead. Then there must bo a resort
tosorre other measure; and I sra disposed' to
siy, that io case of tbe failure of this bill, ItAall
be in Jator oj a out trfttcA.tcut prtxnde for wee
thingt, namely, the admission if California :wiih
Uiprtitnl eomlilution and botsndaritt, tkt settle
ment of. the Tesat .boundary, and' the ndmittion,
of, New Mexico at a State., Suck a nurture will
fend to a full aid final termination tf the eonlro
KTjies wkidt now agitate us, and relieve the conn
try 'fnn distnttion." . "
, . : ...1 . . I
Volition and Death. The' following singula
statement ire copy fron the Louisville 'JournaVbf
Thursday. During tbe ravages' of-lhe cholera.
a Wis country last season, we recollect o! tee
ing .accounts of several similar 'deaths t Qa
Tuesday, tbewifeofa rata mated. Jaques, ja
the lower pah of the city wa attacked by the
chofcri. bKKwghtfwas called in, and by 'his
direction, Jaaoa .wsnt for medicine. On bis
retard, no inquired 01 tea. aoctor w
waa.1 He wm informed ibatshe.wat in icol
(spaed state and coald not possibly live. . Tbere
oV he calmly took' oat bis watch, and hanojBg
"Jto his brother, said-' Sif ,-Ue Dtef;
and I cannot Ure.-khoat , her: I i ihallj dieo
tf a aeemed ia perfect health at the time, bat all
!iSiU at dkd to taratto-ra.

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