Newspaper Page Text
** Liberty and Union, now and fbrever, and Inseparable." SATURDAY, OCTOBER 21, 1854. A FALSE THEORY OF THE CONSTITUTION FURTHER CONSIDERED. We return, for brief observation and commen tary, to tlio subject which oocupied so large a space in our columns a week ago to-day. The Review which wo then presented?although to those who were twenty years ago on the ac tive stage of life it could only serve to refresh their memory of scenes which absorbed all minds "as they oocurred?seemed to promise a greater use fulness in bringing, perhaps for the first time, to the thoughtful notice of the young men of the coun try (already wielding its energios, and so soon to be its gravest counsellors) one of the most subtle and dangerous theories that ever threatened the stability of our institutions. The political doctrine reiterated by Mr. Senator Sumner, at a Convention held in his own State c since his return home from Congress, is a strik ing proof of the great practical evils which that theory involved. To many of those who, on account of the immediate end at which in its origin it aimed, were prone to adopt that theory without de liberation, we are well persuaded it will now exhibit itself in its true nature and tendencies, and that by . them, as by us, it must be rebuked and denounced as destructive of social order, incompatible with so cial obligation, repugnant to right reason, and rash ly defiant to all law and all government. Some there are, doubtless, then so deaf, in whose ears the voices of Clay and Webster are already resound ing, liko the echoes of prophecy in the hour of its fulfilment. Philosophers may map the currents of the winds and storms of the physical world, but who shall venture to delineate, with all the helps that history can lend them, the course of those yet more lawless tempests which from time to time , sweep over the minds of men ! What prognostica tor, hoWevcr fanciful, would have ventured to pre dict that Massachusetts, who gave to the Constitu tion it most gigantic champion, should, so soon after the firct autumn's leaves had fallen upon his grave, furnish forth a Quixotte to shiver his lance of lath against its battlements, amidst the plaudits of men of Massachusetts ? Yet the printed " speech" of Mr. Sumner, which we have before us, certifies the fact. We have "applaustf' and "applause" a score of times, and when this is exhausted we have " sen ,sation }" and all in exuberant jubilation over a weak attempt to prove that the great organic law of the land is no stern reality to which all must bend, but the mere whimsey of every idle mind and every drsaming moralist, and, worse, the ready shield of every lawless spirit; since each and ail must, in a case of " conscience," have tho lawful f privilege to read it by his own light, and to act upon his own reading. It will puzzle Mr. Senator Sumner, with all his ' acknowledged cleverness and skill, to show that his doctrine docs not mean all this, unless it means simply nothing but a bait for empty plaudits. Hear him: . " But it is sometimes gravely urged that since the Su preme Court of the United States has affirmed the con stitutionality of the Fugitive Act, there only remains to us ia all places, whether in public station or as private citi xens, the duty of absolute submission. Nov, without stopping to consider the soundness of their judgment affirming the constitutionality of this act, let me say that ,the Constitution of the United States, as I understand It, exacts no such passive obedienoe. And in taking the oath to. support the Constitution I have sworn to support it as I understand it, and not as other men understand 'it. [Loud applause. When it had subsided it was fol lowed by three rousing cheers for Mr. Sumnkb.]" Again, (and this is the perfection of logic for the multitude:) ? From the necessity of the ease, I must swear to sup port the Constitution either at I do understand it, or as I do vox undtrstandit. [Laughter.]" Vastly entertaining this, and evidently conclu sive in the apprehension of that audience. But did ' it not occur to the learned Senator that under a Government of laws, and a Constitution (the same about which he was speaking) which rests upon three equal co-ordinate powers, one of which is tailed "/THE judicial power," it might possibly be lot of the slightest consequence, as to his personal *sponsibility, which way he understood it, or thether he understood it at all? We have heard anong lawyers and judges some such phrase as * ignorantia legit nemincm excusat." Now, if ae of the laity be not excused by reason of his i|iorance of the law, or his peculiar notions of its ityerpretation, we do not clearly perceive how any geater immunity can be claimed by a gentleman . vbo can have nothing to plead in mitigation of his ijiorance. There is a story (whether it is in the Ur-books or not, the learned Senator can tell, not w) that a knight of the road understood the com ion law of " immemorial custom " after a singular &hion, and he pleaded in his defence that " there ' < a custom, whereof the memory of man runneth *K)t to the contrary, to rob on Hounslow Heath." I the mazes of the law many an honester hnki has ]pt his way. But the plea did not strike the judges 4 well fpunded in the law of prescription as they ? 'understood it," and so the pleader's understand ing of it did not secure to him the comfort of dying n bed. I But the honorable Senator seems to hint, though obscurely, at some distinction between the right and duty of him who has sworn to support the Constitu tion and him who has registered no such vow; and, Btrangely enough, he appears to attribute greater la titude to the former than the latter. Let us consider this a moment. He who swears to support the Constitution must be presumed, in common charity, to have read it, and pondered on it; or, at least, to take the earliest opportunity to discharge that evident duty. This done, he will have learned that his Government is oomposed of a Legislative power, an Executive power, and a Ju j -dicial power. He will thus have become informed that not every body makes law, or executes law, or ?expounds law; but, as might rationally have been assumed, that there is a constitutional definition of the precise and exclusive agent in each of these three great elements of government. And especial ly, before taking the oath, or at least as early as he bas found any doubt in his path as to the meaning of the Constitution or the Law, he will inquire what this .. same Constitution says upon the important ques tion, " how i* it to be determined what this Consti tution it which 1 am to tvpport *'[ Because, right or wrong, if that instrument declares that there shall be an authoritative interpreter in such case, then an oath " to support the Constitution" is, among other thing?, an oath to submit to that inter pretation, and to reject all other interpretations ? not, to be sure, in opinion, (for mere opinion rests in the mind,) but in oonduct, in submission, in ac tive duty. Arrived at this point, he will read that " the Judicial power of the United States shall be 1 vested in one Supreme Court, and in such inferior ' courts as tlie Congress may from time to time or ' dain and establish." And a little further on : " The judicial power shall extend TO all oases, in ' law and equity, arising under the Constitution, < the laws of the United States, and treaties made," &c. And even that it shall extend " to controver 1 ties between two or more States." It seems to us that he who shall have read thus far, though his curta supellex of understanding might avail for little more, will have perceived that the power to decide cases authoritatively must in volve the power to interpret the Constitution and Laws authoritatively, since the cases thus to be de cided are " all cases" " arising under the Constitution and Laws;" and consequently that his oath to sup port this Constitution binds him to submit to such interpretation; ^nd that whatever Tie may under stand (or not understand) of the matter is of not the slightest consequence upon the question of his duty to the Constitution and the Laws, when that duty is thus plainly pronounced. We should say, therefore, that Mr. Sumner has inverted the true course of reason so far as ho would seem to claim greater latitude for himself than for bis unofficial constituents; and that, whatsoever he may lawfully do in the premises, that and (if there were any difference) more may each one of them do. But there is no distinction between them; and we should marvel much if the men of Massachu setts should tolerate any such notion. So would Mr. Sumner. Accordingly we do not find it dis tinctly propoundCjd. It is rather implied in phrases artistically put together for the apparent purpose of dragging in and thrusting into the van of the argu ment a question of conscience arising upon the solemn obligation of an oath. But we have scon that that oath distinctly assumes upon the conscience the duty df submission to the authoritative interpreta tion of the Constitution and Laws by the Judicial power. Yet the honorable Senator, l( without stopping to consider the soundness of the judgment affirming the constitutionality of this act," (the fugitive slavo law,) affirms his right to decide that question for himself; und asserts that "the Constitution" (pro bably " without stopping to considerV that either) <c exacts no such passive obedience." That is, the Constitution exacts no obodience to its own clear, ex plicit, imperative demands ! If this be truo of Mr. Sumner, (who has taken the oath,) is it not true of every man who has not bound himself in like man ner ? What follows then ? We have no fixed Con stitution and no certain laws. They are as variable as the clouds that cveiy gust of wind may model as it listeth. Miserable is servitude where the law is either uncertain or unknown ! Better tear your Constitution and your Laws to fragments, and scatter them to the breeze at once, than leave them to be thus wrested to the defence of every act of phretzy or of faction which can sum mon to its aid an understanding that will not "stop to consider." There is, indeed, nothing to cousider but the question, what is the Law t But if this in quiry is not to be answered by the constituted au thorities?if the Government, in some form or other, or by some agent or other, is not to give the final absolute response, then there is an end of all Gov ernment : for it is vain to reserve the power of en acting laws and publishing them in human language, to be enforced for sooial ends and by social penalties, while every subject of those laws is invested with the jurisdiction not only to interpret them, but to determine whether they are not absolutely null and void. This is simply the absence of all law; for law is a rule prescribed for its subjects; but this is merely an appeal for voluntary action, addressed to the Understanding and will; and thus the whole criminal code, and all the sanctions and terrors of the law, are reduced to mere moral suasion. This may do for Utopia; but we know no spot on earth where it would not substitute anarchy for order and lawless violence for peaceful right. We are too well acquainted with Mr. Sumner's natural endowments and his liberal education to feci at liberty to suppose that he has confounded the duty of submission to Government and Law with the idea of that " divine right" of kings and princes which denies to the people the right of weighing their Government in the balance, and by revolution destroying it, if it be found wanting for the ends of "life, liberty, and the pursuit of happiness." W6 know, in the language of the Declaration of Inde pendence, " that whenever any form of Government " becomes destructive of these ends, it is the right " of the people to alter or to abolish it, and to insti " tutc new government, laying its foundation on " such principles, and organizing its powers in 11 such FORM, as to them shall seem most likely to " effect their safety and happiness." This is the right of Revolution. But the noblest revolution itself is nothing worth?is a vain expenditure of blood and treasure, a fruitless exercise of all the highest and most devoted and unselfish qualities, of man?if, when it is accomplished, when new gov ernment is instituted, its foundations laid in such principles and " its powers organized in such forms" as to the poople shall have seemed " most likely to cffoct their safety and happiness," this new Government, like the old, finds its foundations laid in the sand, and its powers organized in forms which are at the mercy of every breath which treason and every minor crime may blow upon them. l*he very right of revolution, by the terms of that true Magna Charta, (in which the People speak as grantors, not accepting, but conceding,) is based upon the vital need, and consequently inalienable right, to lay the foundations of government as upon a rock, and to organize its powers in " forms" which shall be invested wifh a being and a sway that shall yield to nothing short of that force which, as it cre ated, can destroy. This right of Revolution we do not understand Mr. Senator Sumner to have claimed as proper to be exercised by the people whom he was addressing. He and they would think awhile on that. With all his oratory, he would have feared, in uttering such a summons, that the very granite rocks of that' noble and patriotic State, which has in some degree entrusted the keeping of its illustrious name to his fidelity, would rise to overwhelm him. No j it U the exploded notion, which flourished for a brief hour under the heated breath of passionate faction, trem bling on the brink of treason, and then withered away into oblivion, which now shoots up again, in rank and poisonous luxuriance, from the very soil where true constitutional liberty took its earliest and its strongest root. Let the men of Massachusetts look to this. Referring to the plaudits which encouraged this at tack upon the Constitution and the Uuion, we have said that they came from men of Massachusetts, not the men or Massachusetts. We look forward with confidence to the time, as not far distant, when these bastard branches, fruitful only of pestilence, will be lopped from that vine under which the ge nius of our institutions has in times past delighted to repose, and from whose shelter it has arisen re freshed and strengthened. No cry of revolution is sounded in the ears of those who live upon a soil which is consecrated by the blood of patriots, and who cannot look around them without beholding the proofs of all the blessings which the most hope ful of those patriots dreamed that centuries could bring; not the least of which but is the offspring of a Government laid in stable foundations, and whose beneficent powers are moulded into forms which, while they exist, cannot bo violated without striking a blow at the vital principle of that Gov ernment itself. What, then, remains ? It is an appeal to the People of Massachusetts to hold to the name of loyalty to the Constitution, and yet as traitors to work for its destruction. It is an appeal to them by deeds, falsifying their words, to make themselves traitors in fact, with loud professions of fidelity upon their lips. Can they fail to see that this is so ? Can they doubt (.hat while this same Constitution exists they must either submit to all its organs, within the sphere of their constitutional preroga tives, to enact and to interpret respectively, or they must fly from the shelter under which they have grown in such vigorous health to such imposing power ? Ah ! to leave one's country, dear by all the precious associations of one's own experience, and all the traditions of his fathers, to seek a home in new and untried scenes, is sad enough ! But to him who leads his confiding countrymen away from such a,. Union as that with which a favoring Pro vidence has blessed us alone, among all the nations of the earth, how much more sadly and reproach fully must the beautiful language of the Latin poet weigh upon his heart: " Nos patriiE fines, ct dulcia linguimus arva; Nos pateiam Fl'GIMDB." Yea, fly from our country voluntarily, needlessly, recklessly; spurning all its bounteous care; its pa rental protection; its precious ties; its glorious past, its immeasurable future : fly from it, flinging obloquy upon it and hurling curses in its venerable and beniguant face, all to gratify a passion, to pur sue a phantom which is leading to an abyss from which there is no return. This alternative would rouse the patriotism of all who have souls large enough for; that natioiial and noble sentiment, and must appeal to even the narrowest mind that stretches no further than to count the cost. The other presents a simple ab surdity?a paradox?a being wholly within and wholly without at the same time?an acknowledg ment of duty to Government, and yet an assertion all the while that that Government is but an hum ble appeal to our own sovereign will and pleasure in every exercise of the power which wc acknow ledge to be legitimate and supreme. But Mr. Sumner says also, in the discourse above referred to : " The whole dogma of passive obedience must be reject ed, whatever guise it may assume, and under whatever alias it may skulk, whether in the tyrannical usurpation of King, Parliament, or Judicial Powetl." Indeed ! Does this Senator of the United States thus openly maintain that there is to be no obe aiencp to tue laws ; mat because obedience is, and of necessity must be, passive in its submission to the organic law which holds society together, it is therefore slavish and unmanly ? Does he pro claim that in this case, duly adjudicated by* the judicial power of the Constitution, there may law fully be, and ought to be, open resistance, and yet pretend to reserve the duty in all other cases in like manner adjudicated ? By what tenure does he hold his life, his property, and his " sacred honor," (for we will not deny him this,) by what tenure is he se cure in the enjoyment of all these, free from in vasion, except by the Supremacy of the Law and that "passive obedience" which ho thus holds up to the contempt of his auditory ? But he is not content with placing the Judiciary of his country in the category of tyrants, kingly and parliamentary. He ransacks history, sacred and profane, for examples of judicial error and judicial wrong/ What does this mean ? If any thing, it means to discredit and denounce the whole administration of human justice. And, pray, what substitute will the honorable Senator give us ? He answers, let every man be his own judge in his own case, and, conse quently, let him execute his own judgments. This is what he seems to desire. But we apprehend that a different note would bo heard if a certain class of per sons, in certain sections of the country, where un happily the same doctrine has been applied not ex actly according to Mr. Sumner's wishes, should ! undertake to carry into effect such summary judg ment as, without consulting the Constitution and Laws through the medium of the Courts, they might choose to render upon any person who should ven ture to 'act upon his counsels, or even to preach upon his texts. Such a scene as we can well imagine in such a case we should heartily deplore and deliberately denounce as an act of lawless violence, deserving of exemplary punishment, but not by any different rule than would equally condemn all who renounce their allegiance to the Constitution and Laws, and usurp the power to overrule and nullify the judgments of " the judicial power." In such a case, we presume, nothing would be heard from the unfortunate victim of Mr. Sumner's doctrine in the way of complaint against being " guarded by heartless hirelings," or " watched by prostituted militia," or "escorted by intrusive sol diers of the United States." Rather would he welcome all these; and he, and all men who ac knowledge their duty to the laws, and appreciate in any degree the blessings of civil government, would say, as we take the occasion to say of those who secured the supremacy of the law in the late excit ing slave case at Boston, that they and all such are fit descendants of a race who laid in Law and Order the ioundations of a Republic which, built on such a basis, must last till men shall lose their reason. appropriations at tue last session. By the List of Appropriations made at the last Ses sion of Congress it appears that the aggregate of defi nite appropriations,including the Treaty with Mexico, amounts to over sixty-five millions of dollars. The ! indefinite appropriations will swell the amount con siderably, perhaps as much as fire millions. There were created a number of new offices, to some of which a per diem compensation is affixed. The sallies of the Assistant Postmasters General were raised from ?'2,500 to $3,000 per annum. The fol lowing is a summary of the appropriations for defi nite objects: Civil, diplomatic, nn<l miscellaneous $15,944,852 44 \rmy, fortifications, Military Acade my, &c....:.v... 11,873,568 90 Indian department, naval, revolutionary, and other pensions 3,984,086 19 Naval service 12,510,808 46 Po9t Office Department...: 11,293,909 68 Treaty with Mexico 10,000,000 00 Total 65,107,825 62 A NARROW SENTIMENT REBUKED. The North Carolina Commercial, of Wilmington, administers the annexed just rebuke of a very narrow objection taken by a Democratic paper of that State jb reference to Senator Badger?an ob jection whi^h rather reflects honor upon that Sena tor for th? broad and just conceptions of duty entertained' by him as a Senator of the United States. It Would be but little more absurd to ob ject (o President Pierce in New Hampshire if he should avow himself oqually as much the President of North Carolina as of his own native State. FROM THE WILMINGTON " COMMERCIAL." Mr. Badger.?In an article which, so far as our judg ment can discover, is one of the ablest we ever read in all the requisites of party, which are to " make the wrong appear the better reason" and to cause the deceitful and false to appear in the vestments of honesty and truth, the North Carolina Standard speaks of Mr. Badoee, after giving him credit for the advocacy of the Nebraska bill, as follows: .. * * * gtill We cannot overlook the fact that the rights of a sovereign slaveholding State could not be safe in the hands of one who, like Mr. Badges, for example, declares that his allegiance is as much due to New Hamp shire as to North Carolina. This is a question of State rights." Did he say that about New Hampshire! Well, if he did, he spoke from the impulses of an American heart. That intelligent and pure statesman, who is one of the most disinterested patriots in the service of the State he represents and the Union that he loves thiB or any other country ever knew?not even the lamented Haywood ex cepted?knows that his allegiance is due to the Ameri can Constitution, and that Constitution embraces New Hampshire as well as North Carolina. Must we ever be imposed upon by the flummery and foolery of party, and the patriots of the country be de nounced because they think on some points differently from the power in rule or the power that seeks to rule ? The intimation is thrown out that the integrity of the institution of slavery is not safe in the hands of Mr. Bad ger, himself a slaveholder and the advocate of the Ne braska measure. Since the world was made was there ever exhibited such a palpable contradiction in termsi such foul conclusions drawn from the clearest premises ! " A question of State rights," forsooth ? And when did the Standard ever speak of State rights unshackled by the chains of party 1 In New Hampshire, as well ^as in many other of the free States, are some of the true friends of Southern rights and all the institutions acknowledged by the Fed eral Constitution, much truer than those politicians of the South who go for party and for money, and have sold to " Administrations" their " birth-right for a mess of pot tage." As to Whig and Democrat, these persons know nothing about them ?? irucli; trot they do know that no partisan editor can faithfully discern the present crisis or feel the perils of the hour who knows nothing about men or measures but what is derived from the answer to the questions, are they Whig ? are they Democratic ? To these persons, who are in every portion of the Union, we suppose Mr. Badoer has a liking, as he has, we pre sume, to all the recollections of our America, from the time when the " natives" marked the earth from their lacerated feet in tlicjr marchings to meet the foes of Ifberty, and from their bodies as they consecrated them in dust to freedom, under the sacred banners of a holy revelation, with blood transcended in purity only by that of the Protestant martyrs, to the time when the States in union successfully contended with the mistress of the ocean and the umpire of Europe! We respect Mr. Badger for his groat talents, but we would "give him honor only because he has an American HEART. The Union gays that "it should be carefully borne in mind that the Democratic party neither assumes that the naturalization laws as they now exist are perfect nor that foreigners have not on some occasions subjected themselves to just cen sure," &c. And it goes on to say that " naturalized citizens ought to see in the immense increase of im migration within the last few years legitimate rea sons for an earnest investigation by native citizens of the probable influence of this increase of foreign population upon our institutions. This is a fair and legitimate subject for discussion j and, if it shall result in the conviction that our naturalization laws arc defective, and require to be amended and re formed, the naturalized citizens ought neither to be surprised nor to complain," &c. Now, it seems to us that this was not exactly the language held pre vious to the late elections by the Union and its co laborers.?Alexandria Gazette. The Catholic Couhcil is Niw York.?According to the New York Post, the subject of the recognition of jour nals and reviews as exponents of religious views, or as diocesan organs, was submitted to a committee, and was the subjeot of report and discussion at the recent Roman Catholic Council held in that city. The Post adds: " The practical evils of the present system, in which, j too often, incompetent adventurers are permitted to pro nounce a cathedra upon the doctrines of the church, and j to carry excited passions into the controversies of the day, ; were dwelt upon by the members of tho Synod with gene ral deprecation. The personal and political altercations in which these presses engage, their frequent attempts to array class against class, and even diocese against dio cese, nud their tacotlhe* of controversy, which induces tbem not only to rush into all the excited discussions of this country, but to import from abroad the partisan ani mosities of other lands, were also pointed out as injurious to the cause of religion. " The opinion of the Council, we learn, was that the connexion between the church and their self-constituted oracles should be publicly severed; and that when an or gan was to be recognised it should be placed in charge of competent theologians and ooutiued within strict limits of theology." Great Yield or ArrLis.?There has been, gathered from a single apple tree upon the farm of Mr. Nehemiah Perkins, in Topsfield, (Mass.) the extraordinary quan tity of one hundred bushels of apples. The tree has always been a great bearer, frequently producing from fifty to sixty bushels. The tree is about fifty years old. ' [?<ifrm Obtervtr. Five Thoosard Dollars Damage* for Lirbl ?Shel don P. Church, who keeps an intelligence office in New York to inform his subscribers of the mercantile standing and credit of persona in regard to whom they wish in formation, has had a verdict of $5,000 damages rendered against him by the Common Pleas Court for libel on Amos Keeler, a country merchant. lie caused it to be published that the plaintiff and his son were endeavoring to swindle their creditors, ftc. This is the second trial for a similar libel which has been had in the same Court S within a short period. The Mirror says: " Such mercan tile spies and informers as Churoh are said to be making money at the rate of $50,000 to 9100,000 a year by taxing merchants in the city and black-mailing merchants in the country." ? OREGON AND WASHINGTON. The act creating the Territorial Government of Oregon, approved 14th of August, 1848, by Presi dent Polk, contains the following clause in the 14th section : " That the inhabitants of said Territory shall be entitled to enjoy all aud singular the rights, privi leges, and advantages granted and secured to the peopl# of the Territory northwest of the River Ohio by the articles of compact contained in the ordinance for the government of said Territory, on the 13th day of July, 1787; and shall be subject , to all the conditions and restrictions and prohibi tions in said articles of compact imposed upon the people of said Territory." The following is the article bearing on the sub ject now in force both in Oregon and Washington Territories: u Art. 0. There shall be neither slavery nor in voluntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted : Provided always, That auy person escaping into the same from whom labor or service is claimcd in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service, as aforesaid." The 12th section of the act of 2d of March, 1853, to establish the Territorial Government of Washing ton, provides " that the laws now in force in said Ter ritory of Washington by virtue of the legislation of Congress in reference to the Territory of Oregon,which have been enacted and passed subsequent to the 1st day of September, 1848, applicable to the said Territory of Washington, together with the legislative enact ments of the Territory of Oregon, enacted prior to the passage of and not inconsistent with the provisions of this act, and applicable to the said Territory of Washington', be and they are hereby continued in force in said Territory of Washington until they shall be repealed or amended by future legislation." " Thus it will bo seen that the same restriction in regard to slavery which exists in Oregon is in force over Washington. PROMOTIONS IN THE ARMY. The War Department haa issued an order carrying into effect the act of the last Congress authorizing the promo tion of non-commissioned officers in the armj. The or der directs that one-fourth of the Tacanoies occurring annually shall be filled by promotions from the non-com missioned grades. These promotions are to be given as a reward for meritorious services. Each candidatS must be physically sound and of good moral habits, and like wise pass muster before a board of officers in arithmetic, geometry, geography, astronomy, history, the constitu tion and government of our country, and the general principles which regulate international intercourse. The adoption of these regulations is calculated to have a good effect in stimulating the non-commissioned officers in the discharge of their duties and in leading them to qualify themselves for promotiou.?Bait. American. IIi dii A. Garland, Esq., a prominent member of the St. Louis Bar, died on the 14th instant. He was a native of Nelson county, Virginia, and represented Mecklenburg county in the Legislature several years. He was elected Clerk of the House of Representatives'in December, 1838, and served as suoh fof that and the succeeding Congress. In 1850 he published a Life of John Randolph, which passed through several editions. Mr. Garland was a man of ability and of fine attainments. His specch last winter before the Supreme Court, in an important cause, added to his reputation as a lawyer. He leaves many relatives and friends in Virginia. Temperance Question in Pennsylvania.?One of the questions submitted to a vote of the people at the late election in Pennsylvania was as to the expediency of a prohibitory liquor law. The vote in thirty-seven coun ties shows a majority of nearly ten thousand against the measure. Does a Sinking Ship Cheats a Whirlpool ??A cor respondent of the New York Post says that the belief common among sailors that a sinking ship creates a tre mendous whirlpool, engulphing boats and every thing else within its reach, was one of the -causes of the great alarm among the crew of the Arctic, and that the estab lishment of a contrary belief and of a better knowledge upon this subject will do much to prevent in future the panio which drives people madly into the boats and then forces them away from the wreck. The writer instances his own experience in the case of a sinking vessel, where some of the old sailors (who had the chimera in their heads) plunged overboard and struck off to clear the " whirlpool," while the lets experienced ones stood upon the vessel's bilge until the water slowly rose to their shoes, and then got into the boat without wetting their ankles. v Emigrants roR Nebraska.?A party of thirty-two men and two women from Maryl&nd, provided with hunting implements, bound for Kansas, passed through Alexan dria on Tuesday. They were to be joined by another party at Culpeper Court House for the same destination. Another party of emigrants (being the fourth, we be lieve)started from Massachusetts on Tuesday. The party consisted of two or three hundred persons, including the wives and children of some of them. Another company of emigrants is to leave Cleveland for Kansas on the 23d instant. Mails tor Nebraska.?The acting Postmaster General has ordered a contract with Dr. M. H. Clark, of Ne braska Centre, for once a month supply of the post offices at that place, Pawnee, Dodge City, Fort Calhoun, Winter Quarters, Omaha City, and Bellevuc, from Fort Kearny, New Mexico, and from Council Bluffs, Iowa. This ser vice is to be put in operation immediately. Expeditions roR Liberia.?The ship Euphrasia is to sail from Baltimore for the several poTts of Liberia on the 1st of November, under charter of the American Co lonization Society. She will take emigrants from In diana, Illinois, Kentucky, and Virginia for that society, and also those emigrating from Maryland to Cape Palmas for the Maryland State Colonization Society, some hun dred in all. She is the largest vessel sent out for many years, being of some 8,000 barrels capacity. The Estella is to sail from New York with emigrants on the 26th, and we learn that another expedition is to be dispatched from Savannah on the 1st of December. William S. McKkf., Esq., one of the Editors of the St Louis Democrat, died on the 13th instant. His contem poraries of the press speak of him in terms of strong and affectionate praise, and seem deeply moved with his early and sudden death. They describe him as having been highly gifted by nature and of fine attainments. Yellow Fever.?This disease has appeared in Wash ington, La., and many citycens have fled, although there have been only three deaths. Col. Fitzpatrick, Register of the Land Offioe at Opelousas and a lieutenant in the Mexican war, was the first victim. It has also appeared in the parish of Plaquemine, and Dr. Hays and nine others have died. Dreadful Casualty.?Mr. Pardon Teft, of Eden, call ed upon us this morning and' gave us the following par ticulars of a terrible and fatal accident which occurred in that town yesterday morning : A number of the citizens of Eden Valley were endea voring to remove an old bridge over "eighteen mile creek," for the purpose of substituting a new one, when the timbers gave way, and all the persons engaged on the bridge, with the bridge, were thrown into the creek. There were forty persons on andnnder the bridge when it gave way. Of these, two, Deacon John Carter and Curtis Hubbell, two of the most prominent and estimable citizens of that town, were so fatally Injured that they lived only a few hours, and five were badly wounded. This dreadful affair has cast a gloom over the town and shrouded the heart* of the whole community in mourning. [Bvjjak Rtpubhcof Tu^day. NATIONAL INSTITUTE. Monday, Octobib 16, 1864. Ordinary meeting, Pbtbb Fobcb, Esq., President, is the ohair. At this meeting, at which there was a fair attendance of members, besides a number of invited guests, two pa pers were read. The first, by M. Bbasseub de Boubbouro, a gentleman well known as an ardent explorer of Mexican history and antiquities, gave a description of a superstition termed Nagualitm, attended by alleged rites and practices strange ly analogous to those ascribed to wii&rds and witches in Europe in the middle ages, which it appears has existed among the aboriginal Mexicans ever since the conquest. [It will appear in the Intelligencer.] The second, by Jambs Jabvis, Esq., of Oosport Navy Yard, contained an aocount of some curious investiga tions into tho natural history of that destructive pest to ships and docks, the Teredo Natalia, or Salt Water Worm, and the means of preventing its ravages. In pieces of Wood deposited for the purpose of experiment in Elisa beth river, opposite the Navy Yard, these worms made their appearance about the 20th of June. During the summer they grow to from six to twelve inches in length, and generally to about three-eighths or at most half an inch in diameter, excavating a tunnel twelve inohes long. Boston harbor is free from the assaults of this creature, but New York harbor and the rivers on each side of the city are infested with it; and it is found in still greater numbers in the Chesapeake and its tributaries near their mouthB. At Norfolk the bottom plank of a ship, if un protested, will be destroyed in a single summer. . Char ring, coating with a strong-bodied paint, and copper sheathing are all certain preventives to the breeding of the worm, provided no part of the surface be left expos ed. A single unocvered crack or nail-hole, however small, will be certainly taken advantage of. Two speci mens were exhibited. MANASSAS GAP RAILROAD. The Stockholders of the Manassas Gap Railroad Com pany held their annual meeting at Alexandria on the 19th instant. The reports of the President and Chief Engineer were read, giving a very enoouraging account of the progress and prospeots of the work. We leara from these documents that the road is finished to Stras burg, in Shenandoah county, (19 miles southwest of Win chester.) The President says: " The iron horse of Man assas this day tftkes his first draught of limestone water.. It is the first occasion of business exchange between the* counties of Shenandoah and Rockingham with their old and natural market of Alexandria for many long years." The construction of the road (sixty mifts) has been com pleted in four years, at a cost of $1,200,000, or $20,009 a mile; cost of equipment, real estate, &c. $1,450,000,. or $24,000 per mile. Mr. Edward C. Marshall, the President, in Btating these sober facts, becomes occasionally poetical. " Ma nassas (he says) is made to Strasburg. Manassas has passed the Jordan, and reached the promised land." The Loudoun branch (nineteen miles to Purcellville, bearing north) has been put under oontract, and the work on the difficult sections has made some little progress. The graduation, masonry, &c. of this lin* will cost $280,000. The main stem is to be extended from Strasburg to Harrisonburg, and this will require $600,000. The com pany looks to a still further extension of twenty-five miles to Staunton, and of the Purcellvillo branch to Har per's Ferry sixteen miles. At the latter point a connexion will be made with the Baltimore and Ohio Railroad and the Winchester and Potomac road. Mr. M. briefly alludes to " a policy of still wider horizon," which the financia L condition of the country has " thrown into the more dis tant prospect;" and, tfter recounting numerous advan tages in store for Minssas, concludes with the remark that "she will bring the current of Hfe to this city, [Alexandria,] anti plant it, a jewel, in her front." Mr. Goldsborocgu, the chief engineer, in hi* report, estimates the cost of the eastern extension, twenty-seven miles, (from the point at which the Alexandria and Orange road is used,) at the sum of $756,117. Altogether, the prospects of this eompany are cheer I ing, and it seems to be in the hands of enthusiastic and energetic managers. ANOTHER SQUATTER MEETING. The " settlers" of Kansas Territory held another meet ing at Fort Leavenworth on the 29th September, and passed two sets of resolutions. It appears they have settled on the land ceded by the Delaware Indians with a view to secure pre-emption rights. They are about to memorialize th? President of the United States to pro cure a modification of the Delaware treaty so as to af ford ^hem the benefits of the act of 22d July, 1854, ex tending the pre-emption act of 18-11 to Kansas and Nebras ka. They finally resolved to " defend and support the laws and regulations as passed at Salt Creek on the 20 th of J une and at Stockbridge on the 8th of July, 1854, until altered or annulled by the settlers of this Territory." These " laws and regulations," so kindly made in advance, will save the Legislative Councils the trouble of maturing laws. PA8SENGERS FROM FOREIGN COUNTRIES. By the annual statement of the Secretary of State, presented to Congress at the last session of Congress, it appears that there arrived in the United States during the year 1853 the following number of passengers: Males 236,596; females 164,181: total 400,777. Of these there were citizens of the United States, males 28,572, females 3,562: total 32,134?leaving of aliens a sum total of 368,643. The larger portion of these were front Ireland and Germany. The Secretary of State says the report, like all which have preceded it for the last twentj years, cannot claim that accuracy and comprehensive ness of detail which the law contemplates. The table giving the ages of the passengers shows that persons be tween twenty and under twenty-five years of age were the most numerous, there being 98,609 ; whilst the same table shows that hope never dies with man, for there were of forty years and upwards 44,051 who sought new homes in the western world. The Makylasd Republican.?We notice by the last issue of this long-established journal, published at An napolis, (Md.) that E. S. Riley, Esq. has associated with him Mr. Absalom Riduely. The paper will be con ducted by the new firm on and after the first of November. Loudoun Agricultural^ Fair.?The Leosburg papers are holding out strong inducements to persons interested in agricultural science to attend the Loudoun Fair, which will be commenced on Tuesday next, the 24th instant The long season of dry weather has blighted in a great degree the hopes of the husbandman in that quarter, but the managers hope to make a good display notwith standing. The Canal.?The recent rains hare raised the waters in the streams considerably, and navigation on the canal has been resumed. In a short period we may ezpeet to see great activity restored to the coal business. During the past week twenty-three boats descended, with 1,84& tons of coal. During the past week 5,200 tons of coal were brought over the Cumberland Coal Company's road, 4,541 tons over the Mount Savase road, and 3,827 tons over the George's Creek road: total for the week 13,368 tons, and for the season 490,612 tons; of which 884,786 tons were transported over the Baltimore and Ohio Railroad and 114,fc25 tons descended the Chesapeake and Ohio Canal. Consolidayioh or Railsoads.?After quite a severe struggle it has been agreed to amalgamate the interests of the Baltimore and Susquehanna and York and Cum berland and Sunbnry Railroads. By this act the compa nies are consolidated and form one chain under the same management. The move is a good one, and must even* tuate to the advantage of all concerned. A Bridge ovb* the Mississippi.?The subject of & bridge over this great river at St Louis is discussed in the newspapers. It is suggested that the bridge ought to have an elevation of ninety feet It would cost a million and a half of dollars, an amount deemed insigui fioent compared with in advantage*.