The New York herald. [volume], May 04, 1854, MORNING EDITION, Image 1

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THE NEW YORK HERALD.
WHOLE NO. 0462. KOENJKG ID1TI0N-1EURSDAY, MAY 4, 1854. PRICE TWO CENTS.
WEW8 BY TELKGUAPIl.
THE PRESIDENT'S VETO MESSAGE.
THE PROSPECTS OF THE NEBRASKA BILL.
Senator Douglas in a Tight Place.
SPLURGE OF THE ABOLITIONISTS IN THE HO'JSE.
CEKRIT SMITH'S EULOGY OF FRED DOUGLASS.
Intelligence from Nassau, IV. P.
MORE ABOUT THE LATE FLOOD.
ILLNESS OF GOVERNOR BIGLER,
&C., &C., . &C.
From Washington.
THK VF.TO MEF8AOE?>llt. 1 OUT'S SrF.ECU ? PHOS
rKCTS OF THE BILL IN OONUKE3S?THE CHANCES
OF THK NEBRASKA BILL. ETC.
Washington, May 3. 1834.
The Teto message to day has created a great sensation,
and will ghc rise to a protracted and elaborate debate in
the Senate. Tho message is considered entirely too prolix.
Mr. Clayton will speak at length in favor of tho bill, and
it is believed nearly every Senator will foel called upon
to give hia views.
Mr. Foot's sjeecli to day wa i mere twaddle, but per
haps in keeping with his senatorial reputation.
An impression prevails that the bill will pass the Se
nate over the President's veto, and it Is even believed by
many that it will pusB the House. Tl.is is doubtful. It
is impossible at this early stage to say bow far party dis
cipline mujbhe brought to bear If it can be made to
axsume a strict party shape, tho telowill of course be
sustained.
The friends of the Nebraska bill in the House claim a
hundred and twenty votes in its favor, to a hundred and
"ten against it, provided the Clayton amondment is
stricken out. We believe there are votes enough to pass
? Nebraska bill, but it will require more amendment than
merely striking out.the Clayton clause. Douglass' first
bill, we think, is the only bill which can pass.
ABUSE OF THE FRANKING Plil VI LEU &?THE 8CIEN
T1IIC CONVENTION.
In consequence of the recent abuse of the franking
privilege, the Postmaster General has issue) instruc
tions to all officers in the departments, special agents,
Ac., to strictly enforce the provisions of the act of Con
gress in the matter. No person can frank letters not
written by himself, or at his order, under a penalty of
910, and any person receiving a letter under frank, not
entitled to receive letters free, is obliged to give notico
at the office where received, that postage may be
charged. The Postmaster General intends to strictly
? enforce the law.
? The ^Scientific Association ha s ndjaurned tine die.
THIRTY -THIRD CilKGIlEIS.
FIRST SESSION.
Senate
IVASin.NoroN, Mar 3. 1854.
Numerous petitions were presented.
Tint UNITED STATUS STATUTES.
Mr. Prrrrr. (dem.) of Ind., from the Judiciary Com
mittee, to wbirh was referred the resolution directing
inquiry as to the propriety of baring the United States
statutes revised, corrected, and properly collated, re
ported that it was inexpedient todegislate on the subject.
BILIB RKKERKKP.
* Several territorial bills were received from the House,
and referred.
rus bill os prb nemos rights is the maisos boioe
ORAST AGAIN PARSED.
> The bill confirming pre emption rights to lands in the
Maison Pouge grant in I-ouiaian i, passed last week, was
reconsidered, amended, and again passed.
AEKXDXKXTS IS An'RomiATIOX DILLS.
Mr. Brk.ht, (dem.) of Ind., oltered a resolution amend
ing the thirtieth rule, so as to admit any amendment t
the Appropriation bills Intendel to carry out liabiiltie
reeultiDg Irum existing laws or ttuutii-s. Adopted.
TUB 1SDIAS APTRC1HIATIOS BILL
Was taken up.
Mr. Waikje. (dem.) of Wis . moved to add to the bill
half a million dollars to pay the friendly Creeks for cer
tain lands. He sjioke till after one o'clock in support of
the amendment. The bill was then liid a-ide.
VETO OF THE LAND Dili FOR THE IXDK1BXT INSANE.
A message was received from the Preaident vetoing
the bill granting lands for the benefit of indigent insane,
which was read, as follows:?
To THE SaKATE OF THE C SITED STATES?
The Mil entitled an act making a /runt of public lands to
the several StMes for the benefit of indigent insane pereous.
which was |Tfrented tn me on the L7tb u'tlruo, hat been ma
turely eonridrred, and la returned to tho Senate, the house
in whieh it originated, with a statement of the objections
Which have required me to withhold from it my approval.
In the performance of this duty prercilbod by the consti
tution, I nave been compelled to resist the deep sympathies
of my own heart in fnvor of the humane purpose sought to
be accomplished, and to ovcrcouo the reluctance with
whioh I dissent from the conclusions of the two homes of
Congress, nud presort my own opinicnt in opposition to the
action of n co ordinate branch of the governmeut which
poeeesres to fully my confidet cc and respect. ,
If. in presenting my objections to this bill. I should say
more than strictly belongs to the menmre, or la required for
the discharge of my official obligation, let it he attributed to
a sinoere desire to jflstify my a< t before tboso whose good
opinion I so highly valne, and to that earnestness which
springs fr< in my deliberate conviction that a strict adher
ence to the ti rms end purposes of <ho federal compact offers
the bast, if Rot the only, security fot tho preservation of oar
bleseed inlerltance of representative liberty.
The bill provides in substance:? hirst?That ten million
acres of land be granted to t!.o sevoral Status, to be appor
tioned among them in the compound ratio of the geographi
cal area and representation of said states in tbo Ilouio of
Repret.atativer. Second?That whenever there are pnMIc
leads in a Sta'.e subject to sale at tl.e regular price of pri
rate entry, the proportion of the said ten millions of acres
falling to such State shall be selected from -uch lands with
in it; and that to the States in whieh there arc no snch
public lands, Mod scrip sha'l be issued to tbo amonnt of
their distributive shares respectively, said scrip not to bo
entered by raid States, Lot to be sold l>y tiiem, aod npbjrct
to entry by their assignees, provided that n- re of it shall l-e
eold at less than one dollar per acre, under the penalty of
forfeiture of the same to toe United States. Third That
the expenses of the management and superintendence of
said lands, end of the moneys received therefrom, shall be
raid by the States to which tbey may belong, out of the
reasnry of taid States. Fourth?That the gross proceed* of
the salci of iucb land or land t.rlp graate l shall he in
vested by the several States in safe stocks, to constitute
? perpetual fund, the principal of which shall rwmaln for
ever nadiminisbed. and the interest to be appropriated to
the maintenance of the indigent insane within the several
State*. Fifth?Thit the annual returns of lands or scrip
?old (hall be made by the States to the Secretary of the In
terior. and the whole trant be subject tn certain conditions
and limitations prescribed in the bill, to be assented to by
legislative acts of eald States
This bill, therefore, propose* that the federal government
shall make provision to too amount of the vain* of ten mil
linns of mice of land, for an oiemosynary object, within
the several States, to be administered by the politic al au
thority of ti e ignc, and it presents at the threshold tb*
question Whi ther any (neb net on the fart nf theted-ral
govcrnmsLt Is wsrrantert and sanction'-,1 ly ths constitu
tion, the provisions and principles of which are to ho
Srotected and sustained as n first and paramount
uty 1 It cannot be questioned that if Congress
hastkepcoer to in-ke provisions for the indigent insane
without thclimt s of this district, it hat the same power
to provide for the indigent who are not insane, and'hue to
transfer to the federal government the charge of all the
"Poor in ell tho States. It bat the tame power to provide
hospitals and other loctl csfa'dishments for the core of
every species of human infirmity, and thus tn assume all
that duty, of either public philanthropy or pnbllc necessity,
to the dependent, the orphan the sick or tbe needy, which
it now disci arred by tbe States themselves, or by the cor
porate Institutions or private endowments existing under
the legislation of the States. The whole field of public be
Eefleeee* It thrown open to the care of tbe federal govern
meet; generous impulses no longer encounter the
lliritaMeaa and control of our imperions fundamental
law; for. however worthy mar be the treeent ob
ieet Itself, it M only on* of a class It le not exclusive
ly worthy of benevolent regard. W hatever considerations
dictate sympathy for the particular object apply In like
manner. If not In the same degree, to idiocy, to phytioal
disease, to extreme destitution. If Congress may and oug*-1
to proeid* for any on* of these ohjeen. it may and ought to
provide for them all; and if it be done in tbliosse, what
?aswer shall b# given when Congress shell be called npon
?a* It doubtless will be?to pursue a similar cones* nf legis
lation in the others? It will okvlonsly t>* vnin to reply that
tb* object Is wertl^. bet that ths application has taken a
wrong direction. The power will b* deliberately assumed,
tbejg* neral obligation by this net having bees Mhaowledged.
and tbe question of aseene and expediency will alone be left
for consideration. The diecneslon apon the principle In any
one case determines It for the whole class. The question
presented, therein*, e'?urlv Is npon the eonettintion -
allty and propriety of lb- federal government assuming
. to enter into a novel end vest held or legislation, namely :
That nf providing for the cere and snpportofnll these among
the proj le of the United States who by tny form of calamity
become Rt objects of rakllc pbllxethrophy. I readily, and
trust feeling y.acknowledge tho do'y Incumbent on as all as
men and eltiseas, and a* among the highest and holiest of
oor duties, to provide for tho#* who la tho mysterious order
of Providence ere subject to want and disease of body or
mied; hat I cannot Cad any authority in the constitution
for making the federal government the great nlmener of
public ekarity throughout the United States. To do sa.
would, ia my Judgment, be eontrary to the latter end
spirit of the oonstitatiea, and, sebver<ive of tb* whole
theory a pea which tho anion *f these (State* iefoaaded.
And if it war* admissible to eontemplst* the exercise of the
power for nay object whatever, I eaaact avoid tbe belief
that It wonldla7he end ha prejudicial rather than beaed
eial to tha noble offices of charity to have the charga of
them transferred from tha States to tha federal govern
ment. Are we not too proa* to forget that the federal
? **!?? i* th* "*?tnr# of Ithe States, not they of the federal
Yaleaf Wt were the Inhabitant* of eoloalea dietiaet ia
?"?as guraramaut ana from tha other, before I th* Eevo
?F that Revelation the eoioalee each heeame
an independent Mate. They achieved that Indepen
dence, and secured It* rueoealtloa hy the egeaey
a' * ."??aHlag hedy, whieh, from being aa
|ja*^^7t^ayffia^*r dtoUaet eeeere^atje*. Instruct
? wavegae tf taeh State t? Jteau, vea appro pa
atv|y denominated * Congr-se. Wten having 'riod the ex
lemur el of tLe confederation, they rniolvcd to chango that
fur ti e present federal onion, auil this ?o confer on tliofedc
r?l government more ample avitlinriiy they rcr. uulousl.
measured such vl the fnac'lon. ui Ibttr ohari bm! .,.r?ril?a
tv Ab they chose to delegate to the general r-r?,m
Vitl Ibis aim, and to this end, tLe father* of t.?, itepnhlio
framed the lonatilftlon in and b> which the Indonendeii and
soar,irn Statt a onited themselves for 'ertsln sue io?d ,.Vi?ei.
X.SS
S?K^?^w-^s,A4d?.r?i
. v",,tt?i ?? ?hci aiuiQ i*n, vaiit ion*
thu* elone glvcn cilcet and force to the t n'ltuHon , t
content that any ronht anould in fntnre arise as ti tho
5igR^w?-wa3S5?
thH?r.#d. 1 * jopitltntion, n< r j.r >bf? ited by it to
th.'8iut?H. tra reached to the Statea. r m acUvely or to
the i'n.irn controverted that the (rest mass of
Wlation^ tho* fe'tam* I**80 ' "'at ????l-.cd 1, the aooU
if, rn .11 internal arrangement or the tody politic?
i of V ral i* moral cultr.ro of men ro devilupement
of it cal resources of wealth?the puuUUmar t of orimea in
I kl neral?th, preservation of ordcr-tbe relief of ne ?r !,r
other?i,e nnlortuna'e inembure of ao< iny?did in praetico
I remain with the States. That none o.7 those obUc of
ut n ail i I have never fonnd anything in thocousti
of .r?e?. ''? ???c*P"bl? ?f "nth't c.netrSetion. No one
f powers louche* I ho subject, or has even
?m? d ^iVtr'T. t0 r The f??"? couferr'd upon the
mean , r, ut, ? '"del el relatione to the
" ii aui^.h^ g''r cVcnliu : tWnMof federal rata
aanWrom th? si.? "f. 'la' "c the powers taken
V . 1!-' ouulnor i lion in ci:ber case Mm
power* gran fd uAd th? pow*rs re. trie ted wero so Kranta i
?L'?JZtiTrU?'* **ly*h"r? it*M raail ir^forth^mVln
th*nl harxnuLy Utwtou tho Suto*. or for
oefc io'. ,8, .1 Ptotcctlng their oomm .n IntoTe.t, ,nd
detondiiig thair cou iuon boy. r-imty a/ain t a^jrroa^liu
them-^^ ni ln-nrrtction ot home 1 .hall no? dls. usi
! . ! Po*1 *r eoinotii ,ei claimed for tho general go
at t.? MmV " 1IV"1' 'Whth aocti .0 Of the .?
Htitut 1 11 which ftiv08 Con31th( I ?wcr to lay and ooUo< t
I?m lUiPoal ?nd io pay daltrVud prorido
fot the common (jffence nT?t', eneral vefraro < f t'l* Ifniti-ii
. i . I ' 1 lt"' ":? 11 ?? V. r wi'l i?. i take the re
?al m i O, lT?r .?.nn r,;C! "" " Rr,,??" ?? If written, to
? ay audeolkit taxes, duliet. itnpo-tB ar.d exeirca, in order
to pay the dehta And In order to provM* for the nnmni n
tlef. i.?e and pejcral wclfero. It it- not n ?nhamntivc genoral
rower to Piovido for the welfare .-f the United SUtca bnt U
a limitation of tho prant of power to mine money h? taxes,
?,? It??Vi Ib'poats. If it wen ..thorn i ,., al tho rc.r of tho
liooelr inaVd.3 c?"Clly enumerated and can
tionaly cuarded prentt of bpcouic p<>vcr*. would hero
ofeless, if nut delusive, ftnoulibu linpof.iblc in
ti nt vievv, to cunjpo tho cnclnsi n tliat thc.-c wero
In! Je'a i.VV ft 'he present and instead of enllnhtea
t an la tfcJ . g P*'l>nay oT tho future to Invoi o its nc
fimi n M f1"-" 1 d""l't,?1 oniatrn. tion. Saoh aeon
inarumait illV.'m f U1'n. w,'? "">t saercd
iS... I. .ll. ?Vr remit ua to foioi. Indeed, to snn
conslnilT i k? ?"y?tj'er coustruelion would he to
Xt n b g ?J. ?s.,*'e? and f the peoplo of tho
? n -'ti' r !i di" rc,i?n of Congress and thus to
eli.tlie the federal goreruiucut wilh ftnthurltv to control the
"Up ?h. States would hare been
inv? V province* or departments, and all aoveroiirnty
"?''?oliiU. couaolidatcd central power a-ai i^
which the rpirit of liberty has bo often a^ In.'ominv
? *l.ru{'Klled in vain. In my judgment, you c?nnut
fi^r m ??itB 1,11111,1 nltymabo any adoqnate com pen nation
f< r tl o wron? you would inflict by removing tha ^ouruoa nr
affectedDff ?ho tinfl "JH0," fr"m lh.fne who a*"0 t? be thereby
erer arr,T? when, for nn object ap
E?a!!St?Sii w?ri ff ? Jito 0,,rs3r,nP,ktlji???the dignityof the
fi Jvf tho "icla^on of Conjrcie by confirm ng
bom^^ltnV011 iUret0' W,U" ^e po-er, and maje.ty anS
thimjntkhmil ?iPrea}#,,? heoome subordinate to tho
thin*, <f their Croatian, I but feobly utter my apprehensions
Winning lh^_wc ?*??" A* ^
. . ? ?-r?ii"' uij mm ei'aviciion, mat we shall all see tho
aslo"tha nnennLeiV\?h Kor'u"*ti-ly WO are no . loll in doul.t
"prefUlfngS'. mor? ,th? ?
? - ...ws une.i - uiiuii any more inao as to its
aaV.en'r^Uri^fk Si' jV ?1' ,h<! "{ 'orinn>ion,
! Madison papers, rbnwa that tho fodoral
'."if' P-??nt form, emerged Irom the conflict
tt.tl?^ / influences, which havo oontinued to divide
statesmen from that dey to this; yet the rule of clearly dc
Mtnafer^M' V f*'1?1 ?on?truetion. presided over the
tion r,n .L i' and enbsenncnt adoption of the constitri
. ! Madison, in the ftHcraliU, says:?"Tho
powers delegated hy the proposed constitution to the federal
sr;.orr.r?!r:,uw- ?nd d?an8d- which nr. to "
It. (tl ? ??v?nn>*nt? are numerous and indelinito.
t!fn ao51? . ?UT?r?'?e>>t ?) jurisdiction extends to ecr
st..? r ^ i oljocts only, ard leaves to the several
nth lb 1,re:id?M? *n inviolable sovereignty over oil
f, ,d,-( I? ?a>ne spirit President Jo (for
f. support of tho Slate governmenti In
til their rlehta, as tho most competent administrations
i'.mi /I'.0.'. 5ccr?'' and thc ?ureit bulwark again.-t anti
our trnest *V* Hnr 'a ."j President Jackson said tout
?i in Of tb? r 1. "J w'*don' are not promoted l y invs
A. ^n. . V * Vnd P?wcrs of the seversl S'ates, bnt that,
cU.rULnl\l'7' V,eriC?.n'^ not;in ''indlng tho States more
fi i. n cf?.tr*niut.ln 'ravine each moro unohstrncted
orbit. The framers or the oonstllntion, in re
fusing to confer on the federal government-any Jurisdiction
?oV.'f.r'7d,0nC" 0,bJ?ct'- fnjny judgment manifested a wise
iu.ai,. . .r ,d vompreheneion of the trno interests of
wimn ?i.CI:,| J41" ?'ear thet public ohaiiil.s
an tho* I tv vf ? efficiently admloUtered ui der their
fon,n<t & 1 1 1" ?efn" ni? Ooncoc'ee this, for it does not
eon.mlt the funds it provides to the administration of any
other authority 1 e*nn t bnt repeat what I hef .re cxpresj
i1' '1'';""'1 5t,,#'l f"1"/ of whieh have already
V. I. '"ll?d?l'?n Of mnnlllcent estahliahments of local
cstabllshafl'tii*^? ,ajl?f which arc proceeding to
f lis., .m? shall bo led to suppose, ?? thor will bo
should this 1.111 become a law, that Congrus* Is to mako pru
?if: ? '"ranch ol jeots, the fountains of charity will be diioi
tluiiVftw., and the several Stat.w. laitea/of hoitowinx
121 ?r .*y.? *' wants of their own peoplo
mnv themselves, through the strong temptation which ap
ptals to States as to individuals, become humblo suppliants
tUrJ. ,.l??rcV?o??hM^o"al Mwlr
fc^d^re^h^Lt^nU\toU?^tV^
tntUn Idcvm it pri per to csil attention to the third see
tion of the fourth art lele. and to the provisions of tho sixth
article, hearing directly upon thc .lucstb-n under consldvra
iiU?i'lV"'???'"stead orniding the claim to power exercised
in this case tend, it is believed, strongly to Illustrate and
explain portions which, aven without such support. I cannot
regard as qnestlonalde. Tho third section of the fourth ar
ticie of the ccnstituiion is in the following terms:-" The
t (ngrefs shall have power to dispose of and make all
nieofnl rules and regulations respecting the territory or
other props riy belonging.to the United Mtntes, and nothing
in tkle constitution shall he so construed as to preindteo
any ejaim ol the United States, or of any particular Stata."
The ilxth article is as follows to wit:?"That all debts
contracted and engavemcnts entered into bofore tho adop
tion shall to as Talld against the United Stat-sundet this
ccnstitction as nrder the cont?deretion." For a correct
understanding of the terms used in the third section of tho
fourth article above (?uutvd, referenteshould bo hail to tha
Mat cry of tbo times in which tho oon.*itution was firmed
adopted. It w.ih decided upon in couvcntion on the
]<th of fceptemter, 17tv7, and by it C'on^resi wss cmpoweroil
to dirpoie cf. Ao.. the territory or other property belonging
to tho United Mtates. 'The only territory then *,clonging to
the United Ststes was that thou roeentiv ceded hy the
several States, lo wit:?Ily New York, in ITU: by Vlritlnia
in 17H4; by Massachusetts, in ITc.1.; and hy South Carolina,
in August, l,f7. only a month I oforo tho formation
ol tho ronstitution. The cmsion from Virginia con
taincd the following provision "Thet all tho Funds with
in 'he territory so coded to the United Uates. and not
reserved for, apprrpriatod to any of tho hefuromcntioned
purposes, or disposed of In bounties to the officers and soldi
irs of the American army, shall be considered a conmon
fund, tor tbe use and benefit of such of tho Unilod States as
have become, or shall become members of tho confederation
or federal alliance of tho sahi States, Virginia Included, ac
cording to their ns. al respective proportions in the general
?5"rf* and expenditure, and shall be faithfully and b.tna
Jivt o is posed ol for that purpose, and for no other use or
lurpose w hatsoever. Here tho object for which these lands
sre to 1 e disposed of, ia clearly set forth, and th?? power to
dispute of tin m granted hy the third section of the fourth
article of the constitution, cle' rly cont-.mplates such dlspo
litl. n only. If.cch he the fact, and In my mind there can
1 e no dou> t of it. then yon have again, not only no impllca
tioni in favor cf the contemplated grant, lutthe sttongeat
authority against it. 8
Furthermore, this hill is In violation of the faith of the
government, pledged in the act of January 2X, 1H47 The lilth
section of that act declare! that for the payment of the stock
which may bo created nnder the pro.irious of this act. the
sales ot tha public lends arc hereby pledged and it ii here
by made the duty of the Secretary of tha Treasnry to uso
and apply all moneys which may he received into
tho treasury fcr the sale of the public lands, after the flrit
?.*T CJ January, lhlH?first, to pay the Interest on all stocks
issued by virtue of tbil act; and secondly, to nse the bal
"c? ?*'<l "ceipte. after paying the interest aforesaid, in
the pnrchaso of said stocks at thoir market value, Ac. The
tfblllhl* have not been Uooldated, and tho
language of this section, and tbe obligation of the United
Slotes nnder lt. are too plain to need comment.
I have been unable to discover any distinction on consti
" fITonad,A0f. MPod'*ney. hotween an ap
propristion cf tvn millioua ef dollam directly frem money
nvoL'l.ifV"?yr. jr object contemplated, and tho ap
propriation of lands presented for my sanction. And yet. i
cannot doult that if the Mil proposed ten millions of dol
'arafrom the troasory of tha United States for tbe support
of the inoigin*. instkr in the sevral States, that the consti
tntional uurstlon involved in tho act would have attracted
r. ri lbly ti e attei.tion of Congress. I respectfnlly submit,
that In a coasiltntional point of view it ia wholly iminate
ria1 wl.eiher the arprurrlaUun be. in money er In land. Tho
The public d. ma.n is the common property of the Union
just as n-nch at thesurplns proceeds sf that and of dntiei
on import-i remaining unexpended in the treasnry. At such
it has been pledged, ia now pledged, and may need to he so
pledged again, for i ubliu indebtedn> ss. At property, it is
uielinttiieird from actnal money, chiefly in thie respect
that its protttall* management sometimes require* thai
portions of it be appropriated ti local ol.jeots in States
when in it may happen to Ho. as would l.? don hy anyprn
dei.t yroprietcr, to enhance the sale value of bis private
df?xjn?in.
All ench grxnts of lnntl are, in fact. a disposal of it for
ralor re<sired; tint they aftord no jirocedont orconiiltu
tlri.nl reeson for giving away the public Inndii. itill less do
thev give sanction to appropriations for objects whieh have
net I ten entrusted to the federal government. nnd there
fore belong exclusively to the States. To aeintne that the
public Ismis are applicable to ordinary State ohjecta, whe
ther of pnhlio etrnrtnrei, polleo, charity, or the expenses of
State adrriaiitration, would he to disregard, to the amount
or the public landr. all the limitation* of the cnnetltution.
and eonfnad to that ertent all distinction! between
the rights and powri of the Stat** and tlioie ojf the
United States, For. if the pnbllo lands may be ap
plied to the support of tbo poor, whether sane or Insane,
if the disposal or them and their proceeds 1* not subject to
the ordinary lirr itatlons of the constitution, then Congress
poetesses unqualified power te provide for expenditures In
the States l.y means of the public lands, even to the degree
of defraying the salaries of Governors. Judges, and all other
expenses of the government and Internal administration
within th# several State*. The conclusion, from the general
enrvey of the whole sn Meet, la to my mind irreelitibl*. and
closes the question both of right and of expediency ?o far as
regards the principle of the appropriation proposed in tkle
bill. Would not tbo administration of anon n power in
Congress, to dispose of the pnbllo domain, work the
prnoticai abiogaUoa of some of tbo most important
provioion* of tbo eoastitntlon ( If tbo syatomatio ro
serration af o definite portion of tbo pnbllo lands, th
sixteenth section, in tbo State*, for th* purpose of educa
tion. and occasional grants for similar purpoaes bo eitod, as
contradicting tbeoo conditions, tbo answer, as it appear*
to me, la obvlone and satisfactory. Such reservations and
grants, besides heiag a part of th* eoadltloaa on whieh tbo
?'
proprietory right ortho United States Is maintained, along
with th* omiaoat domain of a particular state, and hp
wbiob th* ^pblle land romaiao fro* from taxation ia
tbo Stat* In wbiob li lies, oo long aa it remain*
th* pre party of th* United State*, aro th* not*
of a more land owner, disposing of a small star*
MM
ly oo ?
, ? poiaoara.
Th* groat oaompi* of apparent donation af all lands to th*
States, likely to ho rolled npoa as oastoiaiag th* principle*
i' li' i *11 i I's relleqolrl men* of ewvmp liuls t,
\ latodif fhw|lfc*/Mt4???*?<?i l|| t?l*Mtv. U*??tfcA|
of a mot* land owner, deposing or a small aha
of hi* property la a war to aagmoat tbo val
of th* residue, end la thio mod* to encourage the oorty <
eupatioa of it by tbo iadaotrlow* and intelligent poineo
j.rtnts already referred to. was based exprctsly upon
grounds clmrly distinguishable in principle from any which
inn te asiuincd fir the bill lurewlth returned, via,
11 jm n the interest, and duty of the proprietor Ihoy
vi re charred, and not without reason, to bo a utu
fai ce to the liihal itant?of the surrounding country The
meat-art was prciiicstod not only opon the around of
the ' .6?a?? ii.lfkted upon the people of he Statue which the
United ?t?tcs < uuld not jtt*tiry m? jurt and honest pro
TT'ht?r lut nlfoujuiuii Bxpr.in limitation of tho applica
tion of U.c pr'H ceo a in the first instance to purposes ?f le
vees and drain#, thus prote. ting tho health of the inhabi
ts:. t.?. uud at tin naloo time cuhaDciug the value of the re
uiaiainr laiid: 11longing <o the general government. It id
pot tube denied that Congress, while administering the
putlii Ii.duh a proprietor within the principle dis
tinctly announced in my annual uiessa** may some
tiu.es have failed to distinguish accurately ho
twt-cn objects which are and which a-e n^t with
in ito (onstitutioi al powers After the moat careful
examination, 1 find lut two examples in the acts of Con
g?*eM> which furnish any precedent for tho prosent bill, and
tlu ? example# will in my ( pinion, acrvo rather aa a warn
ing thaw as an inducement to tread in the saxno path The
Hi nt ir tLc act of March 3 lfl# granioga township of land
to tho C< auectiiut Aaylom for the education of the deaf
and i ttmfe l1 ? Ntoad that of April o, MA, Baking a ftimi
lar grant of land .o the Kontucky Asylum for teach
ing the deaf and the dumb. The first more than thirty
yours after tlo adopthn of the conttitution, ana
the eeond more than a quarter of a century, ago These
aots were unimportant as to the amount appropriated, and
so far at I can ascertain, were parsed ou two grounds?first,
that the r Ljcot was a charitable ono; and eeoond, that it
una a iltioi A) I At. T--1|| that it was a charitable objoct,
is ouly to say that it was an object of expenditure proper
for the competent authority, hut it n.? more tended to show
that it vac a pri-pcr o>ji-et i f cxi.. nditure by t jo Unit-d
Btutcs than is any other Purely local object, ap
pealing to the test sympathies of the human heart,
in any of the States And tho suggestion that
a F- hot 1 for the mental culture of the deaf and dumb in Con
ns tioxi at Kentucky, is a notional object, only shows how
i. id) thig expression liat* been used, w hen the purpose wul
to pro. r.ri appropriation# by C'onjrre## It is yet to ho per
ceived l.ov. a aihooliof this character, ia otherwise national,
tl.r :> i>. a ::y <- tuMi-hi; ? nt ??f religious or moral instruction.
All the pursuit# of Industry ? everything which promotes
thf n-ntc-si 1 ir intellectual well being of the race?ovory
car of corn, or ball of cotton wl.lch grow# is national, in tho
saiuo ainre, for each goes to swell the aggregate of national
tro'piii* \ and naj pine## of the United State#. But it con
founds all meaning of languu o to say that theso things are
r.stii i a' a,, equivalent to federal, so us t?> come within auy
of tl c clacsc* of appropriation for which Cougress is au
thorised I v th.- conktitutlon to lexisHto. It is a marked
ptir.t in tfc history of the constitution that when it was
proposed to empower Congress to establish a university,
the proposition was confined to the district intended for
the future sent of government of tho United States and
that even hat pr posed olauie was imitted in MMidtri
ti? i! of the cxcltiFive powers conferred on Congress to
Jegbla'O for that district. Conld n more decisive in
dication ot tho trne construction nnd tho spirit of
the comtitution, in regard to all mnttem of this nature,
bATO bssn pi\ni. It WSVta that tneh lljtetl were con
sidcred ly the convention as appertaining to local legisla
te n only : that they were not comprehended cither ex
pressly or y impliuation in tho grant of gonoral power to
Congress ; and that, consequently. they remained with tho
scvi isl States. Thcgcrcral result at wliioh I have arrived,
ia the i cccs#ary consequence of those view# of the relative
rk'hts, rouers, and duties of the federal government, which
I haw lorg entertained and often expressed, and in re
ference to which my convictions do hut. iaoroaso in foroo
with time and experience 1 huro thus discharged the un
welcome dutv of respectfully stating my objections to thisr
till, with which I cheerfully submit tho whole subject to the
wisdom i f Congress. (Signed)
MES.Mvl.IlS I'lMU.'K.
Mr. Foot, (whig) of Vt., moved that it be entered on
the journal, printi d and laid oil tlicr table. Agreed.
Mr. HriTTEH, (dem.) of Va? moved that tea thousand
additional copies be printed.
Mr. Toorno, (whig) of Geo., hoped the motion would
be adopted. ,
Mr. Bkown, (dem.) of Miss.. said it was immaterial to
him whether two or twenty thousand were printed. Hut
while the message una going forth to the people it was
but just to those who had voted for the bill tliut aonie
of their views should also go out. Tho bill was not a
new one to the eountry. It was discussed in 1851, und
i assed the House by a large majority. Bubf oquently a
like bill passed the Bcnatc by a majority of two to one.
Among tliore voting for it were Mr. Borland and Mr.
fc'oule, who were regarded as strict constructionists, and
were gentlemen who had In a special manner received
favor of the President by appointments to foreign
missions. At this session the bill passed the
House by a large majority?nearly two to one?nnd re
ceived the votes of the members who were strict con
structionists, good democrnts, and who never faltered in
supporting or defending the constitution. It passed the
Fenate by a vote of twenty to twelve. The President
was doubtless right in refusing to sign a bill to which ho
had constitutional objections: but it was also right that
those who had voted for the bill should state their rea
sons for their course; and the country ought to hear and
weigh the considerations and the arguments on both
sides before coming to a judgment. Though not prepared
now to argue a state paper like this, yet many atyjumenta
made by the President tie had heard before, and they
were not new to him. Ho then roferrod to tho many
grants by Congress lor school purposes, colleges, univer
sities, raihoads, canals. &c , &n. and contended that all
tlieso weie as much unconstitutional as the pre-cn^ hill,
if the ground msumrd by the President was correct.
Mr. Foot followed in earnest vindication of the bill.
He regretted the veto for many reasons, but particularly
became it would hazard, if not defeat, the passage of th ?
groat ami beneficent measure. He had heard when ttl >
bill was before the House, when it passed that body an i
up to this, liow that it would be vetoed?but he bat
never believed tbut tlie President would disclose his pur
poses te those busy tale bearing, rumor circulating an 1
inventing individuals, telegraphic and letter writing cor.
respondents, who live, move und have their being in tho
smiles of Executive favor. For once tho ten thousan 1
lyirg trncucs of rumor have spoken the truth. What
was doubt and uncertainty yesterday, is to day historic
truth. The bill was vetoed on two grounds?inexpedi
ency and unconstitutionality. Ho thought that, though
considerations of expediency of legislation did not exclu
sively belong to Congress, still they might be left there
with propriety and safety. He referred to two similar
grants of land mentioned in the message, to the grants of
land for school purposes, to endow colleges, to establish
universities, construct roads, canals, railroads, the ship
canal at St. Mary's river, and many other objects, ail of
which had received the sanction of government lor sixty
years, there were ono hundred acts on Cue statute
book granting land to the estates for specific objects. It
was sirgnlar that the first, act of this kind which had
tw 9 vatnd W as the first one which gave land to nil the
fctates in something like an equitable and just distribu
tion. If this bill be unconstitutional, then nonet giant
ing land to sny State for any specific object would be
constitutional.* The constitution gave Congress full and
absolute power over the public lands?"Congress shall
have power to dispose of and make nil neodful rules and
regulations respecting the territory or other pro.erty of
the I'nited States." These were tho words of the con
stitution. That they gave ample power to Congress to
dispose of the public lands, no man could doubt. This
provision wss so clear that no man outside of a lunatic
asylum could have any difficulty In interpreting It. Ho
argued the subject for a considerable time, contending
tbat the bill w as just, wise, humane and constitutional.
Mr. Hl'X'iER said this wag not the proper time to dis
cuss the merits of tho bill. At the proper time Sot the i
<S?d
discussion, the friends of the administration wrfiSfl lie
prepared to defend the President und his message. If
they should fail to do so, the fault would not be with the
President or his message, but with them. The President
deserved the thanks ot the people of tho United States
for arresting this measure, which he was rcjeiced to say,
had no precedent in the past, and which, if enacted now,
would bethc forerunnei of ninny evils. He who pro
tected the Inni icr placed hy the Constitution between the
powers of the general government and the rights of the
States, deferred the highest commendation and thanks of
the nation. Itwasonlv in the preservation of that barrier,
an abstract one it might be, that an experiment of self
government could be happily and successfully carried on.
1 be tendency of the times,, the pressing danger of tho
day, was that in onr rapid pursuit of wealth the binders
of the constitution may be overstepped, and the limits it j
has placed upon the powers of tho general government 1
overlooked and forgotten. He rejoiced that here, in tho
presence of the Senate, he could express his hoartfedt !
thanks to the President for arresting this misvsuro. It
wugld bring the public mind to the consideration of this ?
snlpf rt.of public binds. We are now to hare a contest
on & principle n hether tho public lands are to be given
away, or ate to be held for-the common benefit of th i
wbi !e nation.
Mr. Toombs desired to return his thanks to the Ihre^i
dcr.t for vetoing this measure. This action of the Presi
dent held out t' me hope that tho reckless and externa
gsnt courte lately pursued with respect to the publi
lands would be cheeked, and that hereafter wo miv ex
met that the administration of the public lands will b
kept on tho same solid, constitutional principle.
Mr. Brnim, (dem.) of 8. 0., said that h? knew of no
bill of any degree of importance which had paxed the |
Senate with less consideration or debate than this nun
now r? turned by the President. He approved of the veto.
Mr. J'ixo.x, (whig) of Ky, followed, saying he could sen
no ronslitutiopnl objection to this bill.
Mr Bilk) (whig) of Tenn, desired tho senators who Op
pesed this message, and who rejoiced inthe hope that the
administration of public lands was hereafter to be placed
in the nine sound constitutional principle, to state and
explain where that principle differed from the policy
heretofore pursued, fie saw nothing in this bill different
in principle from the many acts making grants of lands
for various objects. Bo great had been the amount of
land granted by Congress, that the revenue from It has
but barely i?id its original cost, and the expenses of sur
vey, Are
Mr. DotroijU), (dem ) of 111., defended the grants mailo
to Western Btates for railroad purposes, showing that by
grants to the Illinois road land was now sold by tho
United States for two-fifty per acre, wbieh for fifty years
had been in market, and unsaleable at any price. The
western men asked for no grants of Und for their State
for sny purpose which did not come within tho princi
ple recognised by the message on the table. He argued
against tbe bill. It wss to place the general government
in the situation of taking care of one class of indigent
persons in the States, and if adopted would lead to many
encrosrbments npon State authority.
Mr. Jours, (whig) of Tenn.?Are you not in favor of
giving tbe lands to the landlcse by the homestead bill?
Mr. Dot'Cias.?1 do not wish to be drawn Bfrom an ar
gument against one bill by a question as to how 1 shall
vote on another.
Mr. Jotne?'The Senator maintains that It Is unconsti
tutional to give lands to the insane. How, then, can he
support a Mil giving Unds to those who are not insane!|
|Hr Dotal.*??When that bill comes up I will be pre
pared, and willing to express myself npon it. If I can
show that It comes within the principle recognized by
this message I will vote for it. If it does not, I will vote
against it. 1 choose not to be diverted from my argu
at against one bill, just, too, at a gotnt where I was
treading upon the gentleman's corns, by questions as to
my opinions on other measures
?r. Join*?I can aasnre the Senate that I have no
orrne that he san tread npon. I asked him a question,
I ad he r.'rd no* get out of humor about it. 1 ant a
(MM of UUs bill, and I MS pith th* flaantot en U*
Eonntrti bill. What J desired to know wan, how he
cm M object to this bill, became uurouatitutioual, anil
aupjiort the other I wan afraid be wouli leave ua.
Mr. lKMIVLV?If the Senator ia with me upon the
Hi mestead bill, he kuow* how I atnnd upon it, and his
question ia unnecessary. When that bill cornea up I will
give him argument in support of it, which will clpurly
shew that it ia quite a different meaaurafrom the one
before the Senate He then further argued the inexpedi
ency and unconstitutionality of the bill, taking the
game view aa aet forth in the ateasnge.
Mr Wruu, (deiw ) of Cal., said tho whote debate was
out of order. '1 be merits of t be bill were not before the 1
Senate until it Came tip for reron-dderntiou. No one had j
rend the message. Their only knowledge of it waa de- '
rived from imperfect hearing of it read at tho desk, and ,
he respectfully suggested that even Senators could con- '
aider, discuss, and act upon a measure better after |
knowing something about it than they could before. Ho
hoped a day would be lined for tho bill, and the debato
postponed.
Mr. Brown said, (hat he had intended to have put the
same question to the Senator from Illinois us was put
by Mr. Jones, hut not having been treated very our- >
u'ously on putting one question he had not done so. The
Fanstor had declined answering the question, and the
manv frienda of the Senator throughout the country
would wait with painful anxiety to know and hear the
distinction upon which the Senator would vote lands for
the len< Dt of ?ai e men, and not vote lamia for insan? <
men.
Mr. PoraiAK said lie had never treated the matter with ,
discourtesy, but he hud objected, when he was arguing '
for oi e bill, to being driven off from it by questions ac ]
to oil er measure.-. He had avowed he was friendly tiW !
tl e Hi mestead bill.
Mr PKOWK?Hut the country will not be satlsliod witli i
the Fcnutor's saying he is in favor of giving lands to san? j
men. and opposed to giving them to iusane men. Though
not the grardiuu of the Senator's fame or reputation, yet
as a fi iend 1 may say his friends everywhere will ask for
on explanation of Ihi- difficulty. Though I entertain no
aueh idea myself, still there may tie some man in this
country who will inconsequence of the refusal of the
Fenutor to slate the distinction, so construe his conduct
r.s to suppose it is because sane nu n can vote and insan ;
men cm,not.
Mr. 1-ot Gi>s?I have no fear that any honest man In
1lie country will ever place such a construction upon m v ,
course. I have no fear that any man would draw Bucli a :
conclusion if it had not been auggetted. Now, why does
tno Fcnator make suggestion so degrading to me and then
disown any belief in it personally. I fear no construction |
which may be placed upon any measure here by any hon
est man. No man who ia honest himself will rashly im
puto or suspect dishonor in another.
Mr. Brown.?When I say anything, 1 mean what I say.
I din believe and do yet believe that Improper construc
tion will be placed upon the Fenator's refusal to answer
the question.
Mr. Boi'OUki.?What question?
Mr. Known.?Whether yon were In favor of the Home
stead bill.
Mr. Pot'CtAf.?Bid you not say just now you would
not ask tho question because I treated you discour
teously.
Mr. Br.owx?You refused to nnswer the question
when j ut to you by the Fenutor from Tennessee.
Mr. Poiai^tt>?I did so for the reason I have stated,
thai I did not consider it fair just as I was arguing a par
ticular point, that I should be called ofT by questions on
remote measures having no reference to the question un
dcr consideration. Every man in the Senate knew T was
In fan r of the homestead bill. The Fcnator from Ten
nessee knew it. In a speech some time sinco I openly
avowed it.
Mr. Brown?What I mean to say is that when the Sen
ator slates lib is in favor of granting the public lands to
nil sane ir.cn who will tuho it, and at the same time de
clare a bill granting hind to insano men to be unconstitu
tional, the pi ople of ibecountry will look with anxiety
for Ids explanation of the distinction between tho meas
ures. If the Senator refuses to explain the distinction
now. some people will be kind enough to draw conclu
sions not very flattering to the Senator.
Mr. Bayard, (dem.l of Pel., got the floor.
Mr. Porct-AS appealed to him to yield it.
Mr. Bayarp?I refuso to yield it." These personal alter
cations are not In order. Tills whole debate is out of
order. The motion is beforo tho Senate do print tho
message?net the merits of the bill to tw discussed. Let
the message b# printed. Ik> not treat the President with
disrespect by refusing to print his message. Are gentle
men afraid to let tho nie>sagc go out to the country ?
He then congratulated tho country on the hope of a re
turn of romo sound policy with respect to tho public
lands.
Mr. .Tontf?When I put the question to the Senator
from Illinois, 1 Knew he was for the Homestead bill. I
uui fi r it, and am also for this bill; and I intended by
putlig tlint question to stop the argument he waa
making by knocking it on the head with tho homestead.
(Laughter.)
Mr. Porn-itr?I knew your object, and for that reason
I di feateil it, by not allowing myself to bo drawn oil by
any such course.
Mr. Joxf?The Fcnator Is the Inst man who should
ccmp lain of such a proceeding Wliy, sir, wo have all
ncn him do the same thing over forty tlmr.s. And I now
tell l.im that I intend to hit him that way every time I
can. (Loud laughter.)
Mr. I to ecu*;?I have already said I knew the object tho
Fcnator had In view, and liat e shown that I avoided it by
net answering his qncstlcn. The Senator also gave me
another reoscn. He said he was w 1th rne on the Home
stead. Now he either knew that I was on that bill, and
tl.ciefere to answer his question was unnecessary, er he
cbore to be with me on fultli in tho correctness of my
judgment and my principles. (Loud laughter.) I ra
liter think the latter. (laughter.) I can say to the
Senator that be conhl not do ketter than be with me on
all questions. Let hi.: faith continue, and lie will always
i.e right.
Mr. Jonf?The Fcnator is the last man to follow on
faith. (laughter.) Lord help the man v.ho does! (Laugh
ter.) Whoever follows tho Senator on faith will require
the very best works to save lum. (laughter.) I have
followed the Fcnator through some dark places, but 1 am
afraid we are not quite out of them yet.
Mr. Kapceh, (whig) of Gn.?It seems to be summed as
an indisputable fnrt, by the Fcnator frotn Illinois and
tl.o Fi nator from Mississippi, that in-ane men have no
votes. I desire to submit to these two Fenators, and to
the democratic party generally, hut to these two mem
bers of that party particularly, if they really believe that
insane men have no right to vote, how it is tint they
were over elected to this liody, or bow they qxpect to retain
their seats hero for another term. (Loud laughter.) In
order to give timo for calm reflection upon tills most im
portant question, I move the Senate adjourn. Agreed to
at half past four. ?
House of Heprcsentntlvcs.
Wasiii-notox, May 3, 1854.
M1IITAHY DOrXTV LAXD LAW.
Tlio Hpfakhi presented resolutions from the legislature
of Kentucky, asking an amendment to the Military Boun
ty Land law, and for lands for educational purposes in
that State. Referred.
eciioots For seamkn.
Mr. WAUKT.(whig), of Mass., presents 1 a petition from
the Kxecutivo of Massachusetts and 370 others, mostly
memlers of the Legislature, asking the establishment of
Coating schools for the training of seamen.
Al.-o the petition of the May or of Boston and 203 others,
asking that members of the army may be confined to
military duties, and that ciril works may be placed un
der the control of civil superintendents.
Both were referred.
Mr. FlORBtCB, fdrrn.) of Pa., said tho Commltteo on
Naval Affairs had under consideration a project lor es
tnl'li hing Coating schools for the education of seamen.
The Mouse went into Committee of tho Whole, and re
sumed the consideration of vho bill to establish the of
lice of Surveyor-General in New Mexico, and grant lands
to actual settlers therein.
a sckvsyo*<-samua. For xkw jirxiod?lAxns to A'Ttal
SfflTUPUl IX riil TKKKITORY?AS EMRKMliLV SILLY DUCVM
F ION.
The sinendment pending was offered yesterday by Mr.
Do sly, altering the seooud section of the bill to read,
that grants rhnll be given to every white male citizen, or
every white mole over twenty otw) years of age, who hat
declared his intentions to become a citi7.cn.
Mr. UMtitt.' b'Rini, (abolition) of N. Y.. nai l ho could
not vote for the bill while the word '*remained in
it. He believed every man is bound to prefer his religion
over sll things else, 1* that religion superstitious or
true, false or sound. That privilege he claimed for him
self lie believed, on the authority of the Savior, In the
command to do unto others as wo would they should do
unto us. This is the whole sum and substance of Chris
tianity. If the incarnate Son of M'.n should come among
us, the Savior would not vote to retain tho word "white.''
Wc cannot afford to bet ahelats. Wo must l>0 men. We
should bo careful not to do wrong to any man when a sense
of revenge follows wrong. We should make the divine
rtandard our rule of conduct. What, says tho Apostle
l'cter. lie was sure his Catholic friend from Pennsylva
nia (Mr. Chandler) would appreciate the remark, as it
was Kaid the Catholic churcli was built on I'etor. Bod is
no respecter of persons, but in every nation?black, white
and red?they tnat fear God and work righteousness are
acceptable of Mm. He wished that the grsat block man,
KiOUerick Douglass, could come hero and speak as to this
word "white.'' This man of America was held in cruel
bondage till after he was twenty one years of age, and
never went to school, but lie Is one of the ablest public
orators and writers in the conntiy. He wished that Mr.
Douglass could come here and pour out the full and rich
tones of his volco from tho feelings of the heart. He
(tmitb) was sure that Mr. Douglasa could bring the com
mittee to repent of Ite purpose to retain the word
"white." When he met a man ha loved to greet him as
a brother. Brought up as he was among negroc, Indi
ans and whites, no could not comprehend the insanity
against odor.
Mr. Ilow*, (whig) of Pa., said It would be unjust to
discriminate sgninst color, whether pure Castilian or
mixed races, provided the people wer?> citizens of New
Mexico at the lime of the treaty of Guadalupe Hidalgo.
But whether citirens or not, he was not disposed to dle
rriminate against them; because wo deny political
equality to colored men, it did not fallow that they
should be denied the right to live. The discrimination
proposed was unworthy of the age. Ho understood
colored men are citiaena In Vermont, Massachusetts, and
New York. If in bU power, be would extend the provi
sions of the bill to all persons.
Mr. Dtw*v, (dem ) of Ohio, said it seemed to him all
this discussion wsj about mere phraseology, and that it
was a small oSalr. The gentleman ought to know It was
not competent for Congress, by any act, to deprive the
people of lfew Mexico of rights guarantied to them by
Ike tieaty, beeauee our uiiumimi ia? deUaros .n elme
gksu he VM snfreme law ? ]m4. U if*J W whM
wss mill nbotit a?grr>efi being citizens. b? would content
Himself with rvimvzkrng, thnt it Mi not competent lor i
State to declare negroes citizens within the term* of the
constitution of the Coked States, although r State may
extend citizenship to them within it* own jurisdiction,
lie bvlfrvrd with the gentleman from South Carolina,
(Mr Kettt) tliHt thin in tf cowrnment of White people,
and irtatln by white people tor white |u?ople.
Jlr Howk inquired Will jfcts hill operate practically to
exclude any persons formerly Mexican subjects?
Mr. JtirxaY replied it was tnfunded to extend to every
white citizen, a* contemplated V; tlie treaty.
Mr. W.vpk did not suppose this government Ua-- any par
ticular color.
Mr. Iusnbv (in his seat) said yet it has.
Mr. Wapb. (free soil) of Ohio, resuming, remarked: He
iup| esc d this to be a human governaient, extending to
ami throwing its shield of protectiou around : 11. lie did
not know what this government has to do with the color
of any man, and could not say that he hinnelf would lie
pronounced orthodox if the strict rule of church discip
line should bo applied to him. (daughter.)' The consti
tution says poisons: nnd If gentlemen could satisfy Mur a
black man is not a person, then ho would give up the
argument.
Mr. WAsimritN, (whig) of Mi., moved to nmenl Mr.
ltlsney's amendment by Inserting ?? colored" after the
wotd "white ' Colored men are citizens iu some of the
b'sati'S, and he did not si e In w they could be con , tit u
tierally excluded froin the rights iu Territoriea granted
to white citizens, buutiiern gentlemen claim the right
to take their slaves hitlu-r, yet deuy the right of c ?!??. ?? I J
eitizms to go there. This is tlierr equality of rijh'-\ I
What a mlscinble sham it ist ' f '
Mr. Kbit, (dcm.) of 8. C., said? ?% eerta;n section od
this country has violated the right! of the South, nnd
seduced their slaves under the luetcnre of freedom, 11110
after doing this now ask public lands for the fugltiv - tr i
si ttle c?d Eon them men claimed the ."Jght to entry thi i
slaves toTcrritoriea as property, not ae citizens. Near
n 11 t (oulil be pluinsr. He repeate#thnt thi- Is a g?
? t it a er.t of white men. He asked Mr. Wa to Whether in
< 1 io black men vote and intermarry with tile whites?
Mr. Wadk replied?Just as they please about fiat..
Mi Kmt?'Ihe white inan who nrarriesa black woman
>? t ?' Ve so degraded that even such a connexion will
eU veto him.
Jlr W/SHtirK.NV amendment was rejected.
Mr Oisdikoh. (free soil) of Ohio, moved to add the
words or " more than half white." He self? a number of
dcmoci ate of tlio Union, descendants of Thoums .loiter- I
still, the great a pestle of American democracy, lssvc not j
more thuu half white blood. These should be permitted :
to settle on lnnd? in tlio territory. In Washington to-day
there an- descendants ol the inurh veuev.xt ed Martha
Washington, with black blood to tholr veins. and who are i
as white as bo and ids colleague, Mr. Wade. Should
flicae too be excluded from tlie benefit of this act? Some 1
of the members cd the convention who framed the con
stitution were elected with the votes of colored inen.
Does not the gentleman from South Carolina hold his
scat by virtue of black men ?
Mr. Keiit?No.
Mr. (iiDMNU.H resumed, snyiDg tlie gentleman held his !
scat ruore by the aid of colored men than by white; and |
W'iulrt ho exclude tlio former from partloi]>ation in tlio |
benefits of the Territory? It would be unjust to do so. I
Mr. Cami rail. (free roil) of Ohio, wished to ask a ques- |
tl< n of the gentleman from r-'outh Carolina. If white
men do not inteimarry with the blacks of South Caro
lina, in what way, consistently with a correct state of
morals, eoinsso many mulaltoos there?
Mr. Idsncy's amendment was adopted.
Mr. Ku'it. in reply to Mr. Campbell, said, in his legis
lative experience lie had ever extended to gentlemen the
utmost kindness and propriety; but whon an indecent
inquiry w as made, lie treated it as such. As to South
Carolina morals, his alienor was tills:?If thoro are so
mnnv mulattoes in that Stato, It is owing to association
with the free sailers.
The i'uaikman (Mr. Phelps) said the gentleman was not
in order.
Mr. Cawiiieli?1 hope he nxsy lave full latitude.
Hie Chaihmak?I must enforce the rules.
Mr. Cahidkli?I should like to understand the gentle
man.
Mr. Cobb, (dcm.) of Ala.?You'll only get up a fuss.
The hill was then laid aside, to be reported to the
lleuse.
TUB I AMI I.AWH OF OBtCQOV.
Ihe bill nmrndutory of the land laws of Oregon, and
extending their provisions to the Territory of Washing
ton, was taken up and debated.
The committee then rose, and the House adjourned.
Illness of Governor Iliqlrr.
II sititi.- m k.i, liny 3. 1854.
Governor Biglev is-quite sick, and conttned to hi* boil,
lie wn? 01 tacked on Saturday, and the disease la said to
becongistion of tlie lungs. ' lie won able to sign but one
bill to day, and tlint. required a great effort. A large
number of bills ai t udalgned.
Connecticut lie^lslaluie.
New HavRX, May 3, 1S&4.
The Legislature of Connecticut was organised Ihi
morning. In the He wee, Lal'nyette S. Foster, of Nor
' wleh. sss chosen Speaker, and till 01 tilings, of l'lv
month, sad F. K. Harrison, of tt'ca". kUNaKPfi C'lerks
Messrs. Habrock and vriMmen, ot the i'alladi im, wOro
appointed State printers.
fa the Senate, John Boyd was cl.osen President pro
Uvt. and David B Booth, of Dauburv, Clerk.
The electWu of Governor tutus place to-morrow.
FVtuu Nassau, IV. P.
MARINE PIBAlTKllf-?THK SALT TRADE.
Chaki ii.-i.ix, May 3, 1854.
The British schooner Msrv and Jane has arrived here
with Nassau dales to tho20t\i olt.
Ihe Bremen ship Auauste, from New Orleans for Bre
men, arrived at Nni! uu on the 2l*tli. She wont ashore
on tiic 18th i n Memory Rocks, and was assisted oil by
wrecker*, foliage awarded, $20,000.
In the ca e of the ship James Wright, $29,000 was ac
cepted as salvage.
The French bark St. Pierre, from Port au Prince for
Havre, with 4,000 bags of coffee, logwood, Arc., was to
tally lost it Inngua on the litli uIt. 2,CO bags of coffee
had been saved dry. The French Vice Consul left Nas
sau on tho 20tl>, for the purpose of protecting the inter
ests of those concerned.
The prospects of the salt season at Inagna were good.
The Recent Flood* and It* Effects.
Tills FRESHET IN MAINE.
Borrow, May 3, 1854.
A portion of the dam at Searson's Falls. Maine, has
been cariiod away by the freshet there. It is not known
how much damage has been done, but if the foundation
Is undermined, the .injury by stoppage of the various
manufactories located there will be very serious.
THE 1IIE8HET IN THE DELAWARE CANAL.
PhiBadki snu, May 3, 1854.
The damage to the Delaware canal by tho recent freshet
bas not been so great as was at llrst supposed. The Su
pervisor thinks it will take about two weeks to get tho
eansl in nnilguble order. The greatest damage is In the i
four mile level between Uhlersville ami Dcrshain. No
serious injury was done to any portion of the mechanical
works.
RESUMPTION OF RAILROAD TRAVEL fN CONNECTICUT.
Harttobh, May 3, 1864.
The trains Letwe. n New Haven and Springflc Id are now
running as usual, tho flood having subsided. The express
trains passtd to-day, In good time.
Destructive Frosts In the South.
New Oki e ins, May 1. 1854. I
Extensive frosts have occurred in tho Interior of
Louisiana and Alabama, and much replanting will he
necessary. Cotton seed is scarce.
The New Three Dollar Piece*.
Piiii-aDR! 1TOA, May 3, 1854.
The Brst issue of the new throe dollar gold pieces will
1)0 made on Saturday next, when $6,000 will l*? sent to
Washington. They lire beautifully executed. The front
lias an Indian head with a feathered crown, and the Uni
ted States of America, around it. Tho revsrao has I ly
words ??Tbic e I'oliars, 1854"?encircled Ih a wreath of
wheat, com. oak leaves and acorns.
Tlic Execution of Ilendrlckson.
SPECIAL COI Ht-roM-XXt E Of THE NEW YORK HER VP.
Ajjiany, May 3. 1854.
The Governor bas declined to interfere wiili the sen
ten^ of the Omit and Ilendrlckson will be executed on
Friday. w.
Fire At Charleston, M. C.
Ciiakik-tox. May 3, 1864.
A fire occurred early thla morning on King -.trcet, in
Ihla city, dosfrojing reveial houses. The loss is est!"
mat'd at from $15,1 >.0 to $20,0 0. Insured to Charles
ton ..flic- a.
Ft homier If. 8. Lanfhlr Lost.
AnascoM, May 3, 1854.
Ti n 'chooner IT. 8. Ianfair, bound from Boston for
Philadelphia, with stone and flsli, (truck on th" bar yes
terday, and has eighteen Inches of water in her hol-1.
The i argo has hern reshlpped on a schooner bound to
Philadelphia, and the ersw hare come ashore.
The Knoxvllle at Savt nnah.
Savaxsan, May 2,1854.
The steamship Knoxvllle, Cat-' Ludlow, has arrived
ie, in tfty-ssvsB hours from New 5oik.
Mai krts.
New Onijux", May 1, 1854.
Our cotton market has been firm to day, with sal- s of
7.009 bales. Flour is dull. Coin ha? advanced 2c., with
sabs of 60,<00 bushel* at liOc. a<-8c. The 1'aciBe's news
came to band at 5 tbia evening.
CIARlhito*, May 1, 1854.
Our cotton mrrket bas shown no change, an-l tb* day's
salsa wer" "83 bale*.
Char. k*ton. May 2, 1854.
The sale* of cotton to-day were 800 bales, at previous
retce.
A Portrait of Hir Charles Napier.?A farmer
looking men with n fat fare, thick lips, and a tremen
dons nose covered with snuff : large cars like the flaps of
a saddle, and like '? Uncle Ned," In lyric hletorv, with no
wool to speak of on the top of his head, although his
phrenological developements display an extensive sur
face w here the wool ought to grow; the head placed on
the body of a stunted alderman, whose clothes appear to
have been pitchforked; on Ida bo<-k, with one shirt eollar
up and the other down, his waisteoet buttoned awry,
and hie shirt front smeared with snuff?and yen have
the portrait of Sir Char lee Napier. If there is a thiret
further
for farther or more mfanie particulars. It may be added
that ii? Aumiiai *?o*s Biu< Tun wwU, sou UBt
frith tfcm Sn^ert.
Tli*. Care of the Captured Slater kt B cm ton*
fl'roni t he* Float on Hail. Ha/ 2.]
Charles Kenmun, the Captain of the sm> posed slaver
Glamorgan, waa examined yesterday before' U. 8. Com
miaaioner Mewrin. Ii. 1,. Duller. Esq., appeased for the
prosecution, and J. li. i'rincr. Ewj., for the defendant.
Hut one witness wag called, Lieut. John Downs, Jr.. af
the U. 8. brig I'erry. Hie testimony waa to ti e elredC
that on the alternoon of the btIi of March lust, Whilw
cruising on the const of Africa a brig was si* n nine eiflM
to windward, hearing for the port of Ainbriz, the deati
nation of the I'erry. The latter (ired a gun and allowed
English colors, which the former answered with Ameri
can. Aa the atrauge brig outsailed the I'erry on a fre?
wind, aho waa lost sight of during the night, but waa
again diacovered on the morning of the 10th. Two gunn
were tired for the sail to lay to, which were *, nhceded.
It being rulni on the morning of the loth, the quarter
boat waa lowered, inannud and aimed, and under thq
command of Lieut. Downes, succeeded in boarding ?*"?
Glamorgan about nine o'clock, Cspt. Kelimnn assisting
I.icut. Downs up the side of the vessel. Kehman gave up
the sliip'a pa| era, ami told Lieut. Downes there was no
necessity of examining the hold. He said that the vea
sel waa "caught." that there was a deck prepared to
take in a cargo, but did uol state what that cargo waa
to be, although he afterwards talked about taking pas
sengers.
There were about twenty men on board, of which two
were alaves, shipped, aa Kvhm n stated, by the I'ortn
gpe.-o at Congo river, fur the use of the supercargo.
Kchimin told the Lieutenant, on buardiDg, to take pos
session of the ship if he was a I'nited States officer. In
answer to ihe officer's questions, he stated that he waa
U uud for Ambriz, twenty days out from Congo river,
where he had discharged his cargo. In answer to the
( uestion why he had been so long at sen?the distance
from Congo river to Ainbi is being between four and flvo
hundred miles?he said he was waiting for his cargo to
be prepared,
Kchiaan c orcovor stated to Lieut. Downes, that whan
he hud^dischurgcil the cargo with which he came out
fri m New York, at Congo river, the Portuguese at that
place put on board Watt r casks. farina, fee , a cargo which
he tola them was unlawful and expressed his determina
tion to give up the ship it he fell in with American cruis
ers; that he ordered his men to liavo nothing to do with
ti e proceedings of tLe Portuguese and when strange
hieu. put on board at Congo, commenced laving a slave
dork, (the Lieutenant was not positive that Kehman used
the word slave,) he wished to give up the command to
the }'<? rtupruere supercargo, but was persuaded not to do
to by the asseiranrc that the American frig&ta Constitu
tion had gone northward, and tl.e brig Parry had gonn
heiuc.
Lieut. Downes described the condition of the Glamor
gau when be boarded her. The hold was filled with water
casks, farina, square bricks, lime, dried iish and rice,
over which was laid a fal-e deck of rough Ixiards, un
nailed, with a space be tweeu the two decks of from 3 feet
to 3 feet 4 inches.
Although Kehman had spoken of taking passengers, ho
never alluded to them in connection with this slave deck.
No important facts were elicited by the cross-examina
tion. and the accused was committed to take his trial at
the next term of the United Slates Circuit. Court, which
sits on May 16. IJeut. Downes ami C. F. Thomas, an at
tache of tlie brig i'erry, were required to furnish bond*
for their appearance as witnesses.
John McCormick. the mute of the Glamorgan, the two
Portuguese, and John Randall, tin* conk, a colored man,
were then examined on the charge of being voluntarily
on hoard this vessel, she being engaged in the slave
trade. The testimony wnn similar to that adduced in the
cine of the captain, and in defuult of bail in tho sum of
$2.(00 each, they were committed to await their trial.
Randall raid tha t he could obtain the requisite ball in
New York.
The evidence that these persons were abont to engage
in the slave tmde is derived from the fact that the t<ba
morgnu bad discharged her cargo at Congo river, and waa
on her way to Anibrize w ith a slave deck already laid, and
having on heard an extraordinary quantity of water, fa
rina, wooden spoons, and other articles of the aamu
nature. The supercargo and others on board at the timo
of the capture are now on tho I'erry.
The Huston Adverliter gives the following description
of the vessel : ?
The slaver (I la morgan lies at the Navy Yard, near the
northern shiphouses. Men were engaged yesterday in
stripping oil her rails.
Shs ia a small vessel not more than 200 tons register.
She spreads a great deal of sail for so small a vessel; Is
quite shallow in her build, and, as we understand, has
proved herself quite u fast sailer.
The slave deck, which will be the principal witness
against her, is .still in the vessel as it was when she was
taken. Ii in a layer of plank, roughly laid npon such
heavy stores us arc stowed away In her hold, and is ae.
ttiallv not more than three feet in any part, below
the main deck of the verse). No light penetrates it ex
cept from theCM* hutch, it i . of course impossible to
ass*.mi any but a cieuchiug, sitting,or lying attitude, in
it;and the small size of the ves-el renders the low apart*
incut Luis Formed particularly uoisomu and terrible.
I pun tliia ili ck slavesaie packed away us closely as pos
sible, in,a spare where it would lie really impossible to
move to and ire any bales of heavy merchandise.
Tli-zw pstuib'ai itii s In the outfit and rhz of thw
Glamorgan, which indicates that she lias boen in the
Drmzillau trade, even were there no direct evidence to
this point.
TLe Karl of Glamorgan, (the celebratod Marquis of
Wnmster,) for whom this vessel was named, was sent
by Cbaitea). into Ireland with one set of secret in s true
tfor*?, nr.d another public set. to make a treaty with the
J ti - Ji Catholics. He happened to be detected, his purpose*
ileienled, and Fie impriso: ed fur his effort to sail under
fnl e eofurs. His namesake has found the same busi
ness equally unprofitable.
Board of Edncntlon.
The Heard met hut evening, Commissioner Willis raw
President pro few., in the chair. The minutes of the last
meeting were read and approved.
OOMMt 'MCATIOKS.
From school officers of Seventeenth ward, nominating
John Chamhtilsiii Trustee of Common Schools for said
ward. Nomination confirmed.
F rom Trustci s of Twentieth ward, asking for autho
rity to lonre premises for colored school, ami appropria
tions for good will of lcaae. rent, and ooit of fitting up.
Refsrred to Committee on Rites and Sc'iooliionscs.
Kn m school oflioert of Tenth ward, applying for an
appropriation of $1,290 for repairs and alterations to
school yards in Allen and Ludlow streets. Referred to
Committee on Repairs.
From school officers of Nineteenth ward, asking for an
appropriation of $9,400 to erect a s. hoolhouse on Fifty
iccond street. Referred to Finance Committee.
MTmiStlN/TION or THW TFttMS OF OFTICK.
Thi- Hoard here, in accordance with tho provisions of
Die 1st section of the school law, proceeded to determino
by lot the term for which each of the trustees of the va
rious wards, (vvho arc icrving without any legal deter
mination of their terms of officii,) shall continue to serve,
a list of snrh trustees having been previously reported
to the Hoard.
Elisor tnojf.w
Ry Mr. CooUDGK?Tliat the Clerk bo directed to pre
ps rr and bnve immediately printed for distribution m
lust year, a direct ory??>f the Roarilof Education. Adopted.
Hy Mr. HisnsRl)?That it bo referred to tho Supcrlnten
dent of Rchool Buildings to number the ward schools and
ward primaries, so as to correspond with tho numbers
as now established hy this Hoard, and recognised In thn
Manual and Directory. Adopted.
Thn Hoard then teok up documont No. 12, being thn
report of the Committee on Elections and Qualifications,
In favor of Mr. William Monteith bring a Commissioner
of Schools for the Twentieth ward. TTve Board refused
to adopt tho report.
On motion, the Beard then adjourned.
Honi <1 nf Sn|H rvl?or?.
The Ma vor ami ltecorder being absent, Alderman Kir
wag called to the chair. The minute* of the last meet
ing were approved.
?i khk \xn iiKfmr enntus or tub oo.mmob lutAs.
.t communication wa* recelred from the Judge* of the
f'curt of Ueramcn l'lea*. stating that an act had paused
th<rl.? gi?lntun>, empowering thein to appoint a clerk and
*1* a-airtant clerks. Tlie Judge* requested the Hoard to
fx the anuual amount of -alary to l>e paid to each. Re
ferred to Committee on County OBlce*.
The hoard adjourned to Fridav next.
We understand that Mr. Ucnjamin II. Jarvl.s, whsrwM
cl< rk of the Comnian I'leas ?<mie years since, will be tho
nc'.v ilerk under tho pr-rent law It I* an appointment
1 bat w ill give general *atii(f?ctlon to the bar. Mr. W. H.
l'ice, . ne of the clerk* of tho 8u|>ertor Court, I* a candi
dal for the principal deputy clerkship?and. a* his an
i licmtlon i- numerously signed bv many member* of tba
l?r, Including some of its most Influential practitioner*,
I is apt ointment i* also almost certain.
Csronrrs' Inquest*
A Iavbstabik Cast or Si icibk bt Taki.vo Lanugof.?
Corr ner Wilhtlm held an Inquest yesterday on the body af
man,rnmed Frederick U N<dtlng, who died at the New
Voik Hospital, from the o fleets of a large dose of lauda
num, administered by himself for the express purpose of
destroying hi* life. We hare already published that tha
deceased, on Monday night, took the poison at his board
ing house,No. 75 Ann street, and wss removed to thctioti
pltal where he died yesterday. Trior to his taking the fa
tal drug lie wrote a lette r to his friend, bequeathing htm
all his effects, infoiuiing him what ho waa about to do.
Tbe following Is a copy of the letter:?
Nrw You*. May I. 1AM.
Draa Fsirnr?I am tired of life; I r a snce-s-lon ef mis
fcrtnnra I cannot stand It any longer to protract a dlsooa
tented life; therefore I nrcfsr to die a voluntary death. Hf
property Is chiefly contained la my trunk and carpel bag; la
ike former yon will find a purse containing K40 in cash,
i si. beq sath t* yea, together with everything
that belonged to me,as yonr own full property, only rsqesst
inj yon to defray therefrom my hnrlal expenses In ? (feted
but not eipenalxe manner. I am very sorry to make any
trouble to my landlady hr this net. and I bag fcrr to omasa
me. I bare no debts nt nil, e??n my board (a paid for three
days In advance. My kindest greetlmr to your hoatred lady
end children. Farewell former.
r L. NOLTINa.
To Mr A. Locsstaiv 74 Cbryatl# street, eompostter la th?
Tract Moose, cerser of Bpruee and Nas sn streets.
The deceased waa forty ySara of age, and a native of
Geimnny. He bad been engaged In business with sasso
man in Williamsl urg, who, he allegod, had taken th*
greatest portion of hi* property and left for Anetrnlin.
For six week* past b* was out of employment, and fear
ing. It is supposed, that he wouM become poor, afeoted
hie reason, and thereby caused him to commit aaieido.
The jury rendered a verdict that deceased came to hifl
death by committing suicide, by tpklng laudanum."
Mr. Wgwmm's Kbtatm^-According to an ad
vertisement in a Coneord, fN. H.,1 paper, George W.
Ne-milh Rsa., of Franklle, (Old flailsbnry.) Is appointed
e '? Commission; r to allow the claims of creditor* against
,1m cutis OS licit. i .u.oi iiilaUr," ?L.a i* wSv.weA Mfe
be administered as an InsoWept etHVf.