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SPECIAL MESSAGE OF THE PRESI DENT OF THE UNITED STATES. ! Wahhikoton, Jan. 24, 185G. To the ?*t.at? and Hou?e of R^ne tentative* Circumstances Lave occurred to disturb the course of governmental organization in the Territory of Kansas, and produce there * con dition of things which renders It ??cumbentoa me to call your attention to the subjeat, and urgently recommend the adoption by you ot such measures of legislation as the grave exi gencies of the case appear to require. A brief exposition of the circumstances re ferred to, and of their causes, will be necessary to the full understanding of the recommenda tions which it is proposed to submit. The act to organize the Territories of Ise braska and Kansas was a manifestation ot the legislative opinion of Congress on two great points of constitutional construction: One, that the designation of the boundaries ot a new Territory, and provision for ,w P01?1'?* organization and administration as a l*r.ritory, are which of right f?? ?"??? powers of the General Government} and the other, that the inhabitants ot Hny such Terr ; tory, considered as an inchoate StaU., are ,iA in .ho cxL'rrUe of self-go"rnmen , ? determine for themselves ?b.t own domestic inatitutions, subject only to the Constitution ami the l?? d?lj 1>/ Congress under it, .nd to the power of thee* istiitg Sutes to decide, accordiug to the provi sions and principles of the Constitution, at what time the Territory shall be received as a State into the Union. Such are the great po litical rights which are solemnly declared and affirmed by that act. Based upon this theory, the act of Congress defined for each Territory the outlines ot re publican government, distributing public au thority among lawfully-created agents?execu tive, judicial, and legislative?to be appointee either by the General Government or by the Territory. The legislative functions were en trusted to a Council and a House ol Represen tatives, duly elected and empowered to enact all the local laws which they might deem es sential to their prosperity, happiness, and good government. Acting in the same spirit. Con gress also defined the persons who were in the first instance to be considered as the people ot each Territory, enacting that every free white male inhabitant of the same above the age ot twenty-one years, being an actual resident thereof, and possessing the qualifications here after described, should be eutitled to vote at the first election, and he eligible to any othce within tho Territory; but that the qualifica tions of voters and holding office at all subse quent elections should be such as might be prescribed by the Legislative Assembly: 1 ro vided, however, that the right of sufirage and of holding office should ?>e exercised only Uy citizens of the United States, and those who should have declared on oath their intention to become such, and have taken an oath to support the Constitution of the I nited States and the provisions o< the act: And provided, further, that no officer, soldier, seaman, or marine, or other person in rhe armv or navy ol the United States, or attached to troops in their service, should be allowed to vote or hold office in either Territory by reason of being on service therein. Such of the public officers of the Territories a< bv the provisions of the act, were to be ap pointed by the General Government, including the Governors, were appointed and commis sioned in due season?the law having been en acted on the 30th of May, 1854, and the com mission of the Governor of the Territory of Nebraska being dated on the 2d day of Au gu-t. 1854, and of the Territory of Kansas on t he 29tli day of J une, 1854. Among the duties imposed by the act on the Governors was that of directing and superin tending the political organization of the re * apective Territories. The Governor of Kansas was required to cause a census or enumeration of the inhabitants and qualified voters of the several couutbs and districts of the Territory to be taken by such persous and in such mode as he might designate and appoint; to appoint and direct the time and places of holding the first elections, and the manner of conducting them, both as to the persons to superintend such elections and the returns thereof; to de clare the number of the members of the Coun cil and House of Representatives for each county or district; to declare what persons might appear to be duly elected ; and to ap_ point the time and place of the first meeting of the Legislative Assembly. In substance, the same duties were devolved on the Governor of Nebraska. While, bv this act, the principle of constitu tion for each of the Territories was one and the Hame, ard the details of organic legislation re garding both were as nearly as could he ident ical, and while the Territory of Nebraska was tranquilly and successfully organized in the due course of law. and its first Legislative Assem bly met on the lGth of January, 1855, the or Ionization of Kansas was long delayed, and hail been attended with serious difficulties and embarrassments, partly the consequence of local mal administration, and partly of the un justifiable interference of the inhabitants of some of the States foreign by residence, inter ests, and rights of the Territory. The Governor of the Territory of Kansas, commissioned, as before stated, on the 2'.Uh of June, 1854, did not reach the designated seat of his government until the 7th of the ensuing October ; and even then failed to make the first ?tep in itr legal organization?that of ordering the census cr enumeration of its inhabitants until so late a day that the election of the mem * bers of the legislative Assembly did not take place until the HOth of March, 1855, nor its meeting until the second of Jnly,1855; so that, for a vear after the Territory was constituted by the act of Congress, and the officers to be sp linted by the Federal Eiecutive had been commissioned, it was without a complete gov ernment. without any legislative authority, w,tb' out local law, and of course without the ordi nary guarantees of peace and public order. In other respects the Governor, instead of exercising constant vigilance and putting forth all his energies to prevent or counteract the tendencies to illegality which are prone to exist in all imperfectly-organized and newly-asso ciated communities, allowed his attention to be diverted from official obligation by other objecU, and himself set an example of the violation of law in the performance of acts which rendered it my duty, in the sequel, to remove him from the office of chief executive magistrate of the Territory. Before the requisite preparation was accom piished for election of a Territorial Legisla ture an election of Delegate* to Conjrrei* Him! been held in the Territory on the 24Jth day of November, 1854, and the Delegate took his seat in the House of Representatives without challenge. If arrangements had been per fected t>y the Governor so that the election for members of the Legislative A Mem bly might be held in the several precincts at the same time as for Delegate to Congress, any question appertaining to the qualification of the per sons voting as people of the Territory would have passed necessarily and at once under the supervision of Congress, as the judge of the validity of the return of the Delegate, and would have been determined before conflicting passions had become inflamed by time and be fore opportunity could have been afforded for sys tematic interference of the people of individual States. This interference, in so far as concerns its primary causes and its immediate commence ment, was one of the incidents of that per nicious agitation on the suhiect of tbe condi tion of the colored persons held to service in some of the States which has so long disturbed the repose of our country, and excited indi viduals, otherwise patriotic and law abiding, to toil with misdirected zeal in the attempt to _pp propagate their social theories by the perver sion aud abuse of the powers of Congress. The persons and parties whom the tenor of the act to organize the Territories of Nebraska and Kansas thwarted in the endeavor to im pose. through the agency of Congress, their particular views of social organization on the people of the future new States, now perceive lug that the policy of leaving the inhabitant* of each State to judge for themselves in this respect was ineradicably rooted in the convic tions of tl?6 people of the Union, then had re course, in the pursuit of their general object, to the extraordinary measure oi propagandist colonization of the Territory of Kansas, to prevent the lree and natural action .of its in- j habitants in its internal organization, and thus to anticipate or to force (he dsteriuination of that question in this iuchoate State. With such views associations were organized in some of the States, and their purposes were proclaimed though the press in lauguage ex tremely irritating and offensive to those of whom the colonists were to become the neigh bors. Those designs aud acts had the neces sary consequence to awaken emotions of intense indignation in Stales near to the Territory of Kansas, and especially in the adjoining Stutc of Missouri, whose domestic peace was thus the most directly endangered; but they are far from justifying the illegal and reprehensible counter-movements which ensued. Under these inauspicious circumstances the primary elections for members of the Legisla tive Assembly were held in moat, it not all, ot the precincts at the time and the places and by the persons designated and appointed by the Governor according to law. Angrv accusations that il'egal votes had been polled abounded on all sides, and imputa tions were made both of fraud and violence. But the Governor, in the exercise of the power and the discharge of the duty conferred and imposed by law on him alon^, officially received and considered the returns; declared a large majority of the members of the Couucil and the House of Representatives "duly elected;" withheld eertiticates from others because of alleged illegality of votes; appointed a new election to supply the place of the persons not certified; and thus at length, in all the form of statute, and with his own official authentica tion, complete legality was jriven to the first Legislative Assembly of the Territory. Those decisions of the returning officers and of the Governor are final, except that, by the parliamentary usage of the country applied to the organic law, it may be conceded that each House of the Assembly must have been com petent to determine, in the last resort, the quali fications and the election of its members. The subject was, by its nature, one appertainir^ exclusively to the jurisdiction of the local authorities of the Territory. Whatever irregu larities may have occurred in the elections, it seems too lute now to raise that question. At all events it is a question as to which, neither now nor at any previous time, has the least possible legal authority been possessed by the President of the United States. "For all present purposes the legislative body, thus constituted and elected, was the legitimate assembly of the Territory. Accordingly, the Governor, by proclamation, convened the Assembly thus elected to meet at a place.called Pawnee City. The two Houses met, and were duly organized in the ordinary parliamentary form; each sent to and received from the Governor the official communications usual on such occasions; an elaborate message opening the sessiou was communicated by the Governor; and the general business of legisla tion was entered upon by the Legislative As sembly. But, after a few days, the Assembly resolved to adjourn to another place in the Territory. A law was accordingly passed, against the consent of the Governor, but in due form otherwise, to remove the seat of government temporarily to the "Shawnee manual-labor school," (or mis sion,) thither the Assembly proceeded. After this, receiving a bill for the establishment of a ferry at the town of Kickapoo, the Governor refused to sign it, and, by special message, assigned for reason of refusal, not any thing objectionable in the bill itself, nor any pretence of the illegality or incompetency of the Assem bly as such, but only the fact that the Assembly had by its act transferred the seat of government temporarily from Pawnee City to Shawnee Mission. For the same reason he continued to refuse to sign other bills, until, in the course of a few days, be, by official message, communi cated to the Assembly the fact that he had received notification of the termination of his functions as Governor, and that the duties of ? the office were legally devolved on the Secre tary of the Territory; thus to the last recognising the body as a duly elected aud constituted Legislative Assembly. It will be perceived that if any constitutional defect attached to the legislative acts of the Assembly it is hot pretended to consist in irregularity of election or want of qualification I of the members, but only in the ohange of itfc | jdaceof session. However trivial the objection may seem to be, it requires to be considered, because upon it is founded all that superstruc ture of acts, plainly against law, which now . threatens the peace, not only of the Territory of Kansas, but of the Union. Such an objection to the proceedings of the Legislative Assembly was of exceptionable ; origin, for the reason that, by the express terms | of the organic law, the seat of government of I the Territory was " located temporarily at Fort Leavenworth;'' yet the Govenor himself remained < there less than two months, and of bis own dis j cretion transferred the seat of government to : the Shawnee Missiou, where it in fact was at the time the Assembly were called to meet at | Pawnee City. If the Governor had any such | right to change temporarily the seat of govern ' ment, still more had the Legislative Assembly, j The objection is of exceptionable origin for the I further reason that the place indicated by the Governor, without having any exclusive claim of preference in itself, was a proposed town I site only, which he and others were attempting 1 to locate unlawfully upon land within a military reservation, and for participation in which | illegal act the commandant of the poet, a su j penor officer of the army, has been dismissed by sentence of court-martial. Nor is it easy to see why the Legislative As | sembly might not with propriety pass the Ter ; ritorial act transferring its sittings to the Shaw I nee Mission. If it could not, that must be on { account of some prohibitory or incompatible ; provision of the act of Congress. But no such provision exists. The organic act, as already quoted, says " the scat of government is hereby located temporarily at Fort Leavenworth and j it then provides that certain of the public buildings there " mav be occupied and used under the direction of the Governor and Legis lative Assembly." These expressions might possibly be construed to imply that when in a previous section of the act it was enacted that u the first Legislative Assembly shall meet at such place and on such day as the Governor l shall appoint," the word " place"' means place I at Fort Leavenworth, not place any where in the Territory. If so, the Governor would have been the first to err in this matter, not I only in himself having removed the seat of i government to the Shawnee Mission, but in I again removing it to Pawnee City. If there i was any departure from the letter of the law, ! therefore, it was his in both instance. But, however this may be, it is most unrea sonahle to suppose that by the terms of the j organic act Congress intended to do impliedly j what it has not done expressly?that is, to for I bid to the legislative Assembly the power to j choose any place it might see fit a< the tempo rary seat of its deliberations. That is proved by the significant language of one of the sub sequent acts of Congress on the subject, that of Afarch 3, 1855, which, in making appro priation for public buildings of the Territory, enacts that the same shall not be expended " until the Legislature of said Territory shall have fixed by law the permanent seat of gov ernmeiit." Cougress, in these expressions, does not profess to be granting the power to fix the permanent seat of government, but re cognises the power as one already granted. But how ? Undoubtedly bv the comprehensive provision of the organic act iUelf, which declares that " the legislative power of the Territory shall extend to all rightful .subjects of legisla tion consistent with the Constitution Wf tbe United States and the provisions of tL*is act." If, in view of this act, the Legislative Assem bly had the large power to tix the permaneut seat of governmental auv place in its discre tion, of course by the same enactment it hud the less and the included power to fix it tem porarily. Nevertheless, the allegation that the acts of the Legislative Assembly were illegal by rea son of this removal of its place of session was brought forward to justify the first great move ment in disregard of law within the Territory. One of the acts of tho Legislative Assembly provided for the election of a Delegate to tbe present Congress, and a Delegate was elected under thai law. But, subsequently to this, a portion of tbe people of the Territory proceed ed without authority of law to elect another Delegate. Following upon this movement was another and more important one of the same general character. Persons confessedly not constitu ting tbe body politic, or all the inhabitants, but merely a party of the inhabitants, and without law, have undcrtulicn to summon a convention for tbe purpose of transforming the Territory into a State, and have framed a constitution, adopted it, and under it elected a Governor and other officers and a Representative to Congress. In extenuation of these illegal acts, it is alleged that the States of California, Michigan, and others were self-organized, and, us such, were admitted into the Union without a previ ous enabling act of Cougress. It is true that, while in a majority of cases a previous act of Congress has been passed to authorize tbe Territory to present itself as a State, and that this is deemed the most regular course, yet such an act has not been held to be indispen sable, and, in some cases, the Territory has proceeded without it, and has nevertheless been admitted into the Union as a State. It lies with Congress to authorize beforehand or to coufirm afterwards, in its discretion ; but in no instance has a State been admitted upon tbe application of persons acting against authori ties duly constituted by act of Congress. In every case it is tbe people of the Territory, not a party among them, who have tbe power to form a constitution aud ask for admission as a State. No principle of public law, no practice or precedeut under tbe Constitution of the Uni ted States, no rule of reason, right, or common sense confers any such power as that now claimed by a mere party in the Territory. In fact, what has been done is of revolutionary charactcr. It is avowedly so in motive and in aim as respects the local law of the Territory. It will become treasonable insurrection if it reach the length of organized resistance by force to the fundamental or any other federal law aud to the authority of the General Gov ernment. In such an event the path of duty for the Executive is plain. The Constitution requiring him to take care that the laws of lhe United States be faithfully executed, if they be opposed in the Territory of Kansas he may and should place at the disposal of the marshal any public force of the United Slates which happens to be within the jurisdiction, to be used as a portion of the posse comilatvs; and, if that do not suffice to maintain order, then he may call forth the militia of one or more States for that object, or employ for the same object any part of the land or naval force of the United Slates. So also if the obstruction be to the laws of the Territory, and it be duly presented to him as a case of insurrection, he may employ for its sup pression the militia of any Slate or the land or naval force of the United States. And if the Territory be invaded by the citizens of other States, whether for the purpose of deciding elections or for any other, arid the local authori ties find themselves unable to repel or with stand it, they will be entitled to, and upon the fact being fully ascertained they shall most certainly receive, the aid of tbe General Gov ernment. But it is not the duty of the President of the United States to voluuteer interposition by force to preserve the puritv of elections either in a State or Territory. To do so would be subversive of public freedom. And whether a law be wise or unwise, just or unjust, is not a question for him to judge. If it be constitu tional?that is, if it be the law of the land?it is his duty to cause it to be executed, or to sus tain tbe authorities of any State or Territory in executing it in opposition to all insurrec tionary movements. Our system affords tio justification of revolu tionary acts; for the constitutional means of relieving tbe people of unjust administration and laws, by a change of public agents and by repeal, are ample and more prompt and effec tive than illegal violence. These constitutional means must bo scrupulously guarded?this great prerogative of popular sovereignty sacredly respected. It is the undoubted right of the peaceable and orderly people of the Territory of Kansas to elect their own legislative body, make their own laws, and regulate their own social insti tutions, without foreign or domestic molesta i tion. Interference, on the one hand, to pro cure the abolition or prohibition of slave labor in the Territory has produced mischievous in terference, on the other, for its maintenance or introduction. One wrong begets another. State ments entirely unfounded, or grosslv exagge rated, concerning events within tbe Territory, are sedulously diffused through remote States to feed the flame of sectional animosity there; and the agitators there exert themselves inde fatigably in return to encourage and stimulate I strife within the Territory. The inflammatory agitation, of which the present is but a part, has for twenty years pro duced nothing save unmitigated evil, North and South. But for it the character of the domestic institutions of the future new State would have been a matter of too little interest to the inhabitants o? the contiguous States, personally or collectively, to produce among them any political emotion. Climate, soil, production, hopes of rapid advancement, and the pursuit of happiness on the part of the settlers themselves, with good wishes but with no interference from without, would have quietly determined tbe question which is at this time of such disturbing character. But we are constrained to turn onr attention ' to the circumstances of embarrassment as they now exist. It is the duty of the people of Kansas to discountenance every act or purpose of resistance to its laws. Above ail, the emergency appeals to tbe citizens of the States, and espe cially of those contiguous to the Territory, i neither by intervention of non residents in elections, nor by authorized military force, to attempt to encroach upon or usurp the autho rity of the inhabitants of the Territory. K'o citizen of our country should permit himself to forget that he is a part of its Gov ernment, and entitled to l>e heard in the deter mination of its policy and its measures; and that therefore, tne highest considerations of personal honor and patriotism require him to maintain, by whatever of power or influence he may possess, the integrity of the laws of the republic. Entertaining these views, it will be my irn S>rative duty to exert the whole power of the ederal Executive to support public order in the Territory; to vindicate its laws, whether federal or local, against all attempts of orga nized resistance; and so to protect its people in the establishment of their own institutions, undisturbed by encroachments from without, and in the full enjoyment of the rights of self government assured to them by the Constitu tion and the organic act of Congress. Although serious and threatening disturb tuieea iu the Territory of Kausas, announced to ine by the Governor in December last, were speedily quieted without the effusion of blood, and in a satisfactory manner, there is, 1 regret to say, reason to apprehend that disorders will coutiuue to occur there, with increasing ten dency to violence, until some decisive measure be taken to dispose of the question itself which constitutes the inducement or occasion ot in ternal agitatiou and of external interference. This, it seems to me, can best be accom plished by providing that, when the inhabi- j tants of Kansas may desire it, aud shall be of I sufficient numbers to constitute a State, aeon- j vention of delegates, duly elected by the quali- ^ fied voters, shall assemble to frame a constitu- ; tion, and thus to prepare, through regular and lawful means, for its admission into the Uniou as a State. { I respectfully recommend the enactment of : a law to that effect. j I recommend, also, that a special appropria- ; tion be made to defray any expense which j may become requisite in the execution of the laws or the maintenance of public order in the Territory of Kansas. FllANKLIN PIERCE. Supreme Court of the United States", Thursday, January '24, 1856. No. 37. Edwin C. Little et al. tw. Levi W. Hall, et al. Appeal from the circuit court of | the United States for the northern district of New York. Mr. Justice McLean delivered the opinion of the court, affirming the decree of the said circuit court in this cause, with costs. No. 182. Robert Forsyth, plaintiff in error, vs. Wm. Kellogg. In error to the circuit court of the United States for the northern district of Illinois. On motion of Mr. Gillett, of counsel for the defendant in error, this cause was dock eted and dismissed, with costs. No. 46. Jas. A. Abbott and ux. plain tills in error, vs. the Essex Company. The argument of this cause was commenced by Mr. Abbott for the plaintiffs in error, and continued by Messrs. Merwin and Loring for the defendants in error. Adjourned until to-morrow, 11 o'clock. Friday, January 25, 1856. George F. Betts, esq., of New York, was admitted an attorney and counsellor of this court. ? ? ? No. 46. Jas. A. Abbott and ux, plaintiffs in error, vs. the Essex Company. The argument of this cause was continued by Mr. Loring for the defendant in error, and concluded by Hon. Wm. Fessenden for the plaintiffs in error. No. 47. Patrick McLaughlin, plaintiff in error, vs. Jas. M. Swan et al, Garnishees, <tc. The argument of this cause was continued by Hon. 11. Winter Davis for the plaintiff in error. Adjourned until Mouday, 11 o'clock. Virginia and tlie Fugitive Slav? Law proponed Retaliation. A select committee of the Virginia House of Delegates has reported a bill "to protect James Parsons, jr., of Hampshire, and other citizens of the Commonwealth, in the prosecution and maintenance of their constitutional rights." The said Parsons is now under recognizance to appear before the county court of Llair county, Pennsylvania, to answer to ^ the charge of kidnapping, under the laws of said State, he having pursued to said county, and endeavored to reclaim a fugitive slave, iu pursuance of the provisions- of the act of Congress known as the "fugitive slave law. The bill prohibits the said parjsons, under a penalty ot $6,000, from appearing and pleadiug to the charge aforesaid, and provides that the Common wealth of Virginia shall assume on his behalf all costs, fines, forfeitures, &c., incurred by his non ap pearance?the amount to be paid by the Gov ernor out of the contingent fund. The bill further provides that it the said Parsons shall hereafter be arrested and imprisoned upon the charge aforesaid, the Governor of Virginia is directed to demand his immediate surrender, and in default thereof shall cause the writ of habeas corpus to be applied for, &c. If his release be not then effected, the Governor is directed, ten days after the proclamation, to seize and imprison all citizens, and to seize and hold all property of the State of Pennsyl vania and of citizens thereof, until the release and surrender of said Parsons. For the en forcement of the proceedings contemplated by this proposed law, the Governor is authorized to call upon and command the services of all civil and military officers of the htate, and all private citizens whatsoever, Sic. It is further provided that the provisions of this bill shall be extended to. any other citizen of \ irginia who may hereafter be placed in the situation of said Parsons, <fcc. Great Typographical Feat.?The most remarkable of all performances in the way of rapid publication has just been effected bv a Philadelphia firm?Messrs. E. II. Butler, & Co.?in placing before the public their edition of the the third and fourth volumes of Macacl ay's History of England. The whole process was accomplished with a decree of speed hitherto unrivaled. The London edition con tains 1,600 octavo pages. Of this large work the types were picked up and set, the pages stereotyped and printea, and copies of the first edition of ten thousand copies were in the hands of the publishers, bound, within fifty working hours from the commencement of the work. Such speed should astonish tho London publishers. When their edition was already stereotyped, and 20,000 copies for delivery, they announced the fact, and 36,000 subscribers presented themselves. The publishers asked a dely of one month to prepare the additional 16,000 copies.?Philadelphia North American. 8*d AITatr-Two Lover* Bnrntil (n Drnilu A fire broke out in the dwelling house of Mr. Richmond, Prince Albert, (C. W.) on Satur day morning, which was attended with a me lancholy loss of life. The flames had envel oped the entire building, before the inmates, who were all in bed, became aware of the fact, and terror-stricken each, on awakening, rushed from the fury of the flames. When it was dis covered that one of the daughters yet remained in the house, a young man, named Foley, who had stopped at Mr. Richmond's that night, dashed through the flames to rescue the sleep ing girl, but, painful to relate, neither came out alive, both having met a frightful death in the destructive conflragation. Daylight pre sented a frightful spectacle to the agonizing sight of the afflicted family, the charred trunks of two human beings with the bones portrud ing through the blackened flesh, being the only remains of those who but a lew hours before, enjoyed health and happiness among them, without a thought on the fate which awaited them so near. The circumstances are ren dered still more distressing by the fact, thnt the young couple who thus met an untimely end, were engaged to be married the ensuing week, it is said. The fire occurred through careless ness in throwing some burning ashes into a barrel in the back part of the house. N. Y. Express. A Brother of Anthony Bcrxs ox His Travels?Henry Burns, brother of the notori ous Anthony Burns, belongs to a gentleman on Red River, in Louisiana. His master recently gave him written permission to visit his rela tions in Virginia. On his way Henry was forced by ice to quit the Ohio river and travel through the State of Ohio. He stated on his arrival here that the abolitionists bothered him mightily in Ohio?especially when they found oot that he wa3 brotherto Anthony. J hey offered to set him up in business and raise him a large sum of money if he would abscond? bnt Henry spurned their offers. He said his master had more money bet upon his return than they can raise, and that hia master "it bound 1o win."*?Virginia Sentinel. Congressional. TIUK 1 Y-l'OlJKTIi C'()NGHE8$I. riBST SESSION. Senate?Thursday, January '1*1, IMtt. A letter from Lord John Russell to Mr.Crump ton, dated London. January 19, 1853, communi cated by the Frendeat, in compliance with a reso lution of ilie Sen?tc, was read. The commuuica lion concludes with I be following paragraph: ?' The peculiarity of this case is, that certain neighboring State* deny altogether the independ ence of Mosquito, and the Mosqui(o nation are liable every day to new incursious upon their ter ritory. We vau make no complete provision against this danger. Our policy is to do all that honor and humanity require in behalf of the Mo? quito nation ; but we intend to adhere strictly to the treaty of Washington of the 10th April, 1S50, and not to ussume any sovereignty, either direct or indirect, in Central America." Mr CLAYTON moved that the letter be trans ferred from the executive to the legislative journal and printed, lie then expatiated on the usurpa tions of Great Britain, and the tortuous diplomacy of her Ministry?stigmatising it as monstrous and disgraceful Mr. CASS said he desired to speak on the sub ject, but not being well he yielded the iloor to Mr. MASON, who thought that the debate was not now exactly proper, either from the condition of the question or that of the country, uud before definite action had been taken by the Executive. So lar as lie had read the documents, they show a purpose on the part of Great Britain to disregard her treaty stipulations with this country. When the cjueMioti shall be presentedto the Senate or to Congress in a tangible form by the Executive, there would be no difference of opinion as to the incumbent duty of this Government?England will be held'to a strict performance of her treaty obligation-.. jV:r. SEWARD agreed with Mr. Mason that the debate ought not to be indulged in on this subject till the Ilhuke is organized j'still he thought there ought to be no unnecessary delay in the settle ment ol this controversy with England Unne cessary delay is indecision, and indecision often loses a good cause, while decision as often wins a bad one. Mr. CASS said he saw uo reason why this sub ject should not be fully discussed before the Ame rican people. Ho moved -to postpone the furtlur consideration of the subject till Monday next. Agreed to. Mr. MASOS presented a memorial fram Com. Ap Catesby Jones, asking relief from a sentence of tlie Naval Hoard, by which be was placed on the retired list. Mr. l'EAKCE presented a similar memorial from Captain Joseph Smoot. A debate ensued on the subject of the action of the Navy Board A message was received from the President of the United States in relation to the affairs of Kansas, which, on motion of Mr. Mason, was read and ordered to be printed. It will be found in the preceding columns. A debate of some length sprung up as to the proper reference of the document, in which Messrs. SEWARD, MASON. BUTLER CLAY TON, BELL of Tennessee, WILSON, STUART, and others patticipaled, when it was finally agreed that it should be referred to the Committee on Territories.' The Senate went into Executive session, ;ind, after some time spent therein, adjourned to Mon day. House of Representative*. The Clerk slated that the House having de cided yesterday that the niriin question .should not then be put on tiie resolution submitted by M>. Rust, of Arkansas, (expressing. us the sense of the House, that t e withdraw) of Messrs. Banks, Richardson, and Fuller, would remove mi in surmountable obstacle to organization,) the ques tion recurred this morning "Shall the main, ques tion be now putV Mr. PRINGLE, of New York, moved that the whole subject be laid on the table. Mr. FULLER, of Pennsylvania,before the vote was taken desired, with the permission of the House, to make a few remarks; una no objection being made? Mr. FULLER remarked that he believed it was generally understood that immediately upon the introduction of the resolution by the gentleman from Arkansas he signified bis wish and intention to withdraw as a <-andidate for the Speakership. This hnd been hi* desire for weeks, and lie h jd so expre^ed himself to his friend*. As, however, they had considered his name under their control and not UHder his own. he hnd permitted a con tinuance of its use without public objection; but he desired now distinctly to withdraw it, and to have it so understood. At the same time he wished to return his acknowledgment for the sup port be had received and for the uniform kindness and courtesy with which he had been treated, and to express the hope that the House might now adopt some plan of action by which these diffi culties might be settled?some mode of adjust ment which would be agreeable to themselves, satisfactory to their constituents, and honorable to the whole country. Mr. JONES, of Tennessee, hoped that as Messrs. Richardson and Fuller were no longer candidates, their names would be stricken from the resolution. Objection was made. Mr. JONES then desired to amend the resolu tion by striking out the names of Messrs. Rich ardson and Fuller. The Clerk stated that no motion to amend was now in order. Th? question was then taken on the motion to lay the resolution on the table, and it was decided in the alUrmative?y? a? 100, nays 99. The House then resumed the business of voting (or Speaker, when the one hundred and twenty | third vote was had, and resulted as follows: Mr. Banks 9f> Orr... 68 ' Ricaud 18 Fuller 12 Scattering 9 Whole number of votes given 203 Necessary lo a choice 102 There having been no election? The House proceeded to the one hundred and twenty-fourth vole for Speaker. The roll havi?g been called through, before the result was dis closed? ? The Doorkesper announced " A message from the President of the United States." Mr. CAMPBELL, of Ohio, immediately rose, an<1 in a loud voice objected to the reception of the document. Great excitement was here exhibited, accom panied with much disorder. "Mr. Clerk" was ?imultaneously shouted by many voices, and seve ral members, in their anxiety to be recognised, pressed forward to the area in front of the desk. Mr. ORR. of South Carolina, suggested to the gentleman from Ohio that the President's private secretary should be allowed to make the an nouncement of the message, and that then objec tion could be made to its reception. Mr. CRAIGE, of North Carolina. The gentle man from Ohio has objected to the reception ol we know not what. Mr. ORR. I hope the r.eaident's secretary will be allowed to slate whether he is the bearer of a message or not. Mr. CAMPBELL. Let us goon with the elec tion of a Speaker. Mr. CRAIG K, of North Carolina, standing in the nrea before the Clerk'* desk, then endeavored to obtain n hearing, I ut was interrupted Wy uproari ous shouts of' order." Mr. CAMPBELL, of Ohfo, called for the en forcement of the rule prohibiting debate. Mr. CKAIGE. The gentlemen from Ohio objects to (he reception of a paper without indicating what that paper is. | Loud cnes of "order! " order !"J i do not intend to be put downjn this manner. My'point is DeafViiing calls to order prevented the gentle man from being heard; and Mr. PAINE, of North Carolina, protested agsinst the whole proceeding in remarks which were en tirely lost amid the confusion. The Clerk appealed lo the gentleman from North Carolina (Mr. Craigk) to take his seat. Mr. PAINE. I stand here as an American citizen, and 1 am ashamed of this scene of dis order. Mr. CRAIGE. And f am ashamed to have a colleague that would invade the rights I am en deavoring to exercise, which I have the right lo exercise, and which I intend to exercise. IxHid shouts of "order," during which Mr. Paiie vainly essayed to be heard. The Clkkk appealed to gentlemen to resume their seats, and order being in some degree restored? Mr. CRAIGE proceeded to state his point of order, viz. that as soon as a person, whom they did not know by nameor otherwise, entered the hull, the gentleman from Ohio rose and objected to the reception of they knew not what. He held that they had the right to know who ihe messenger was, what message he brought to the Mouse, and what rights he asked at its hands This having been ascertained, the gentleman from Ohio could then make his point of order, which, if good, would be sustained by the House; if wrong, would be I ?oied down. Mr. CAMPBELL, of Ohio, contended that ibe : House could do nothing except to continue voting j for Speaker. Mr. STEPHENS, of Qeorgia, moved that the j message be received, and upon this motion de- i manded the previous question. Mr. II. MARSHALL, of Kentucky, seconded the demand for th? previous question. A brief conversation ensued, when Messrs, j CAMPBE1.L and CRAIGE withdrew their points I of order. The question was then taken by yeas and nays on the motion of Mr. Stkpue.ns, and while ihe Clerk was casting up the vote, that for Speaker was announced, as follows : Mr. Banks 95 Orr 6b duller 25 Ricaud 5 Scattering 8 201 No person having received a majority of the whole number of voles, tliare was no election. The following was then announced to be the | vote on the motion to receive the message?yeas ' 117 nays 84. The House having thus decided To receivt* the message, Sidney Webster, esq., made the follow ing announcement: l'l ani directed by ihe Presi dent of the United States to deiiver to the House of - Representatives a communication in writing, if it be the pleasure of the House to receive it." Mr. A. K. MARSHALL, of Kentucky, moved that the ine.-sage be read. Mr. WAKEMAN moved that the motion In laid on the table. The House tbmi refused to lay the motion to read the message on the table?ye.is ((0, nays 10S. The question recurring oi> the motion that the message be read, it was taken, and desided in the affirmative by the following vote?yeas 108, nays 87 The message was accordingly read, nnd will be found in the columns of this paper. Mr. CAMPBELL, of Ohio, presumed that it was not in order to debate the resolution. The Clkkk replied that debate was not in order. Mr. CAMPBELL. I congratulate the coun try Loud shouts ol "order!" order!" Mr CAMPBELL. I move, then, that the mes sage be laid on the table. Mr. A. K. MARSHALL, of Kentucky, moved that ihe message be commuted lo the hands of the Clerk, to be delivered by hiiu to bin successor in office. Mr. CAMPBELL modified hn motion so it> to include the amendment of Mr. Marshall Mr. SNEED, of Tennessee moved that the whole subject be laid on the tabic; which motion was agreen to Mr. A. K. MAKSHALL, of Kentucky, moved that when the House udjouru to-day it adjourn lo meet on Monday next; which motion did not pre vail. And then, at a quarter to four o'clock, the House adjourned. Friday, January 25, 1855. The Senate was not in session to day. House of HeprcfluntativeN. Mr. BENNETT, of New York, submitted a resolution, which was read for information, to the effect: as neither ut the parties in the House is able to command the vote of a majority ll>r the election of u Speaker, '-the adoption of the plu rality rule is the only fair and practicable mode left to organize the House," it being " right in principle and in conformity with lha former prac tice of this House." Mr. DUNN offered a subsume, declaring that the sentiment of the larger |>orlion of the people of this country are eguinst the action of the lust Congress, repealing the restriction agaiust slavery iu the Territories of Kansas and Nebraska, as im posed by the Missouri compromise; therefore, no man ought to Ue chosen Speaker who does not fully harmonize with the sentiment, or will hesi tate to exert himself for the restoration of the restriction, either in form or in substance (The al>ove resolutions were merely rend lor information, and no action was taken Upon them.] Mr. SMITH, of Tennessee. moved to rescind the resolution precluding debate during the pres ent.week, or until the election of a Speaker. The question was decided in the negative ; the House having laid the motion of Mr. Smith upon the table by a vote of yeas 104, nays 91. The House proceeded to voie viva voc? for n Speaker, with the following result: Mr. Ranks 1)4 Orr 06 Fuller 22 Ricaud.... 3 Scattering 9 Whole number of votes 191 mi Necessary to a choice. 101 There being no choice? The House again voted, with the following r suit: Mr. Banks 94 Orr G5 Fuller 29 Scattering 11 Whole number of votes 199 Necessary to a choice 100r The House again voted, the result being follows: Mr. Banks 91 Orr.... (>1 Fuller 25 Scattering 12 .. 195 .. 93 Whole nuinl?er of voles given. Necessary to a choice The House, at three o'clock, adjourned. OEORGE r. FOX, ?W York Metropolitan Tailoring Estab lishment* UNITED STATES MILITARY AND NAVAL DEPOT. 981 Broadway, opposite thr Mttropolltnn Hotel. SIR: Allow me the pleasure of placing my name before your notice, at the same time offering you my best services as a Tailor, togetner with the resources of my store, for the supply of Military and Navy Uniforms, United Ktatea Consul and Citizen's Dress. I am now engaged making uniforms for the Mili tary, Navy, and Marine Corps, also the Revenue, according to the written and printed instructions and official drawings, to the latest regulations, as received by me from the State, Navy, and War Departments, in Washington, D.C. If you should feel disposed to favor me with^any orders, you may rest assured of receiving experienced atten tion and accurate fitting. The very best English and French Cloths, Cassimeres, Gold Lace, Treble Gilt Buttons, Arc, Arc., all at the lowest possible coat for cash. I have, at very great expense, em ployed lirat rate Artists, as Gold Embroiderers, Silit, Moleskin, Beaver Chapeau, Cloth Cap, and General Regimental Ornament Makers; Eng lish, French, and American Coat Cutters, Vest Cutters, Pantaloons Cutters. I believe I ain doing one of the largest Military and Navy Officers' Clothing and Outfitting business in the United States, ami can reler you to many Officer*, iny customers, attached to the Artillery, L/ragoons, Infantry. Ordnance, and Engineers, &c. 1 a in also personally known to many of the Navy Officers attached to ships ol war; namely,the North Caro lina. Mississippi, Princeton. Powhatan. San Ja cinto, St. Lawrence, Brandywine. Vincennes, Vandalia, CnnfMoi, Germantown, Independence, Macedonia. Fiifltn, Lexington. Fredonia, Consti tution. Cyane. Belief, Perry, Porpoise, including Gentlemen, the Heads of the Executive Depart ments, Members of both Houses of Congress, also, Ministers Plenipotentiary, Secretaries and Attaches of Legations, the English, French, and other Foreign Military and Navy services. I have the honor to subscribe mvself, Yours, grateful and obliged, GEORGE P. FOX. We bear it is the intention of Mr. FOX to visit our city a few oays hence. Jan 15?3tif w KIITY l)OM,AHS REWARD. 'AM stolen or Decoyed from the corner TT of 20th and I street, near my residence, on Thursday night, the 17th instant, a little girl i named Lizzie, of a dark mulatto color about six or eight years of age. Had on red calico dress, with a green npron. She is in the habit of call ing Mrs. Eaton " grandmother," and if asked who she belongs to will answer. "Grandmother Eaton." I will give twenty dollars for the recovery of the girl and detection of the thief if found in the District, or fifty dollars if found out of the Dis I trict. It is supposed that she was taken in a car | riage or sleigh, as she had not been out ten min utes when missed. J. H. EATON. I. Jan. 24?3t* IJcntii of Roger*. The followiug obituary of the (leutli ot Samuel Rogers, the poet, we take from the London Times. Mr. ltogerH died ou the morning ot the 18th December, one hour alter midnight. " 'I'he biography of Samuel Rogers would involve the history of Europe siuco Georgo 111., then in the bloom of youth, declared to his subjects that 'he gloried in the name of Briton.' It is now more than a quarter ot a ceutury siuce that monarch was carried to hiB grave in extreme age, worn out with mental and bodily disease. Let us take the most notable historic drama of the century, 1/1)3 1815?the rise decline aud full ot Napoleon "'l^tiis was but an episode in the life ol Sumuel Rogers. He was a young man ot some stand ing in the world, fully of an age to appreciate the meaning and importance ot the event, when the States-General were assembled in 1* ranee. If wo remember right, he actually was present iu Paris at or about the time, and may have beard with his own card Mirabeau hurling de tiance at the Court, and seen Danton aud Robespierre whispering to each other that there time was not yet come. Let us go back to other events as standards ol admeasurement. As the war ot the French Revolution and that *. .in*t Napolen Bonaparte were episodes in the rii?e manhood, so was the American war an episode iu th#boyhood of Rogers. He was of nn ago to appreciate the grandeur, u not the political meaning of events, when Rodney won his naval victories and when General Llliot successfully defended Gibraltar. ^ _ " He could remember our differences with our American colonies, aud the battles ol Bun ker's Hill, Brandy wine, aud Germautown, as well as a man now in uianhood can remember the three glorious days of July and the Polish insurrection. To have lived in the days o General Washington, aud to have heard discus sions as to the propriety ot admitting the inde pendence of the North American Provinces, aud to have been alive but yesterday, seems well nij-h an impossibility; but such was the case ofSamuel Rogers. When ho opened his eyes upon the world, that great and powerful couutry which is now known as the United States of North America, was but an insignifi cant dependauco ot the mother country?a something not so important as the AutUles, even in their forlorn condition, are at the pres ent moment. They were just riaing to be some what of a little more significance than the 'plantations' to which Defoe smuggled oil the troublesome characters in his fictitious tales. ! They now constitute one of the most powerful ! States in the comity of nations. j "Let us take another test?that of our In dian empire. But three or four years before the birth of the subject of these remarks, Col i on el Clive fought the battle of Plassy,and laid the foundation ot it. He lived through the government of India by arren Hustings, and being in London at the time, could well under stand the discussions which took place upon the subject of the India bill. The battle of ; Assaye found him a man forty years of age. j He was iu full possession of his faculties when ! Lords Hardinge and Gough won their victories | in northwestern India but the other day. It S would be superfluous to lay before our readers any contrast between the dates ot other politi cal events at which this remarkable man must have assisted at least as an intelligent specta tor. Let them carry back their minds to the days of Wilkes and the Duke of Grafton, and remember but the mere names of the states men who have administered the affairs ot the ! country from that time to the present, and they I wjH have present to their recollection a list ot the associates und friends ol the late Mr. Rogers. . . "As might bo expected, his more intimate associates "were naturally with the leading men of the more liberal party, but such was his courtcsy of temper and of manner that he was received upon a friendly footing even by those with whom he was known to differ on points of I political principle. A mere politician he never I was at any periyd of his career. " It is, however, to the literary history of the century we must mainly look'lor a correct ap preciation of Rogers's career, lie not only outlived two or three generations of men, but two or three literary styles. The Poet ot Memory, as he has been called, must not be' rashly judged ,by the modern student, whoso taste has been partly exalted, partly vulgarized, by the performances of later writers?we are speaking of a contemporary of Dr. Johnson. Rogers ?tnutt have beeu a young roan some i twenty years old when the great lexicographer died, mid therefore a great portion of Johnson's , writings must have been to him contemporary literature. "Let those who are inclined to cavil at the gentler inspirations of Rogers, think for a mo ment upon what English poetry was between the deaths of Goldsmith and Johnson and the appearance of Walter Scott s first great poem. ! Oowper redeems the solitary waste from abso I lute condemnation as the most unfortunate epoch in our literature. Rogers.no doubt formed his style upon earlier models, but ho was no servile copyist; he could feel, without any tendency to apish imitation, the beauties of such authors as Dryden and Pope. The poem by which his name is principally known to the public will always remain as among the classical pieces ot English literature, whilo some of his smaller poems will never tease to hang in the memory of men while the Eng lish language is understood." " Rogers's precise age has never yet been recorded by any of his biographers. He was born about 1760, and was therefore about ninety six years old. He commenced life as a banker, and amassed an immense fortune, of which he has never spent the entire income. His first poetical publication, entitled " Ode to Super stition, and Other Poems,*' was published in 1787, just after his return from a tour of for eign travel. Five years later appeared his ?'Pleasures of Memory." He published the first part of the poem which has determined his position among English poets, in 1822. He is said to have expended 10,000 pounds in il lustrating this work alone. He was a liberal and judicious patron of art, and his house has for many years been the habitual resort of the first talent of the age. LAND WARRANTS. rpHE Subscriber*, having made addition I to their activc capital, arc now prepared to purchase an unlimited quantity of I^and Warrant*, not only at the very highest ntarlel [> ic es, but nt times v ill pay more than any lioutu in tin* city. Baltimore, Philadelphia, or New York, nnd cer tainly always aa much ; and willdeal very liberally with correspondent*, forwarding Warrant# !?y mail, always allowing them more liberal rate*' in consideration of the loaa of time nece**ary lor t heir transmission to thi* city, nnd our return drxfmon Northern and Southern < itiea in'paymeut. Address J. M. CLARKE & Co.. Banker*, nnd Dealer* in Land Warrant*, Washington D. C. REFER TO Celonel Jame* G. Berret, Postmaster, Wash ington. I) C Sutcr. Lea. & Co.. Hanker*, Washington, D. C. i All the Officer* of the Bank" iu Wheeling, Virginia. Beebee & Co., Banker*, New York. Peters, Spence, Ac Co. Banker*, Lynchburg, Va. Paul Ar Hinton, Banker*, Petersburg. Va. R. II. Maury & Co., Banker*, Richmond, Vn. C*#hier Bank of Virgini*. Richmond, Va. Caahief Farmer*' BankofVirginia, Richmond, Va. Ca*hier M and M. Bank, Park-craburg, Va. Jame* Robb it Co., Banker*, New Or lea a*. J. W. Clark fls Co., Banker*. Boston. W. M. Ar J.C.Martin, Banker*,Charleston,P.C. P. k A. Vinton. Banker*, New Philadelphia, O. Jan. 10?lm. _ _________ APOCALYPTC SK fcJTCHEM?? I<?>< t nre* on the Book of Revelation, by the Rev fohn Cmiiniing, D. D.; 75 cent*. Benediction*, or the Ble?*e?l Life by th- Her. J. Cumming, I>. 1).; 75 cent*. School Book* and School Requisite* ai ihr lowj eat price, for *ale at the bookmore of CRAY & BAU.ANTYNE, On 7th street, nenr Odd Fellow*' Hall