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Weekly National Intelligencer
By GALES & SEATON. JAMBS 0. WELLING, ASSOCIATE EDITOR. The subscription price of this paper for a year ii Two )ollarm, payable in advance. A reduction of 20 per cent, (one-fifth of thefulloharge rill be made to any one who shall order and pay lor, at one ime, ten copies of the Weekly paper ; and a reduction of per cent, (or one-fourth of the full charge) to any one irho will order and pay for, at one time, twenty or more Jopies. THUH8DAY, JANUARY 21, 1864. RESTRICTIONS ON DOMESTIC TRADE. Ihero seems to be a general disposition on the part of our contemporaries to inquire into the expediency of the grounds on whioh the Seoretary of the Treasury still maintains the estriotions placed by his regulations on trade with persons residing in the regions reclaim ed from the military control of the insur gents. We have ourselves hitherto abstained from much oomment on the subject, because we bad supposed these restrictions were established under the pressure of military considerations hav ing necessarily a paramount weight over "the laws of trade " And we had further supposed that these regulations were authorized if not di rected to be made by the existing legislation of Congress on the subject. We understand, however, ihat these regula tions take their origin ohiefly from considerations of expediency dependent on the discretion of the present distinguished Secretary of the Treasury, and are not imposed by act of Congress, while the motives of military prudence whioh at one (ime may have argued in their favor are not believed by many intelligent publicists to exist in an equal degree at the present day, or if there be advances of this kind resulting from the policy in question, it is urged that we may find in the pursuit of a differ ent policy countervailing advantages of another kind sufficient to outweigh the former. Not hav ing sufficiently investigated the subject to venture the expression of a definitive opinion on a ques tion which obviously has more sides than one, and while conceding that the tenacity with which the Secretary of the Treasury adheres to his regula tions on this topio is, of itself, a sufficient proof that there must be some reasons for the policy, tnd such as are satisfactoiy to that enlightened offioer, wc cannot hide from ourselves the force of some of the arguments popularly urged in favor of their relaxation, if not their entire removal. And we are confirmed in this conviction, while at the same time satisfied that the Secretary of the Trea sury will judiciously modulate his regulations aocording to the dictates of a sound political economy, by observing a report that "through the intorcession and earnest solicitation of Senator Brown Mr. Chase has been induoed to remove the restrictions on trado in the State of Missouri " As aoon as military prudenoe shall seem to justify it, we do not doubt that there will be a more gen eral and extended relaxation of the policy in question. TheNew York Commercial Advertiser, an Admin istration paper, thus enforocs some of the conside rations whioh argue, it thinks, in favor of a change under this head, at least with respect to the trado in ootton. It says: " The present policy of the Government io regard to the purchase of cotton in regions reclaimed from rebel ?way is unwise, i he trade should be freed from many or the restrictions imposed upon it and thrown open to a general competition. Not much cotton has been spared by the torches of the mad and reckless men who have sacrificed the flocculent fibre to the vagaries of their wild and unreasonable 'patriotism,' a>,d have impoverished their friends, lest tbeir enemies' might chance to be en riched But such as is left is hedged in with difficulties nd girt about with obstacles to approach, as if it were in very deed a King, whoee presence was too sacred for the intrusion of any but especially cominiaiioned agents. This trade in cotton should not be as absolutely free as before the war, for it might be made tbe cover of ait ex tensive trrde io contraband goods. But a careful inspec tion and a wtll-oidered syitrm of intercourre ooold be easily devised by which the object would be successfully attained The co t .n within our lines, small as is the proportion it bears to the enormous crops that formerly burdened our oommerce, is essential to the interests of the world a business and vital to the necessities of mil lions of men. A few hundred thousand bales thrown npon tbe market would speedily incline the balanoe of trade tovMTdt if not lo our favor, would send down exchange aod tbe price of gold, would set the iile wheels of manu facturers in busy motion, would gladden the hearts and homes of our steadfast and suffering friends in Lancashire and would alter the whole aspect of our fowdgn relations' substituting positive friendship for the now prevalent doubt and hesitation. It would check the enterprise of eottoa culture in the virgin fields of the East, by giving assurance of a full and uninterrupted supply from the old aod o. iginal sources It woold greatly impair tbe value of tbst cotton loan negotiated by Jfirlanger in France and England, aod bolstered up by MoKae. Finally, it would be a precautionary measure against tbe evil resolts of an apprehended disturbance of tbe peace of Europe, or of any revulsion at tbe monetary centres of London and Paris " Nor would the efieot be less marked upon our rela tions to the States in rebellion. Tbeir citiaens are poor They want money and the necessaries and comforts of life. l/?ke their cotton and give them greenbacks, and they wonVJ speedily feel tbe force of tbe old tie, and be convinced that the Union, as of old, brought with it the richest blessings of inoividu*! and general prosperity. The Confederate finances are at the lowest ebb Tbey nee I but the application of tbe slightest power to topple them over into irretrievable and wide spread ruin. The Con federate authorities are profoundly jealous of tbe circu la tioo of oar notes among tbeir people, and endeavor to pre vent it by the most arbitrary and repressive laws In M>ite of all tbeir penalties, tbe sale and use of the United States currency are common in ?tbe nation created by Jefieraon Davis ' It has a positive value above and be yond any thing which b-ars tbe jmsge and subscription of the rebel Cainr and bis ministers. The needy citiaens within our lines would gladly exchange their cotton for this money. 'I hey would have no (ear of ulterior eonse quenca from insurgent vengeance, for they know that tbe country redeemed from rebel tbrall is jtrrmnnmtly re oecupied and possessed, and that tbe Stars and Htripes will go baek no more. " It was a favorite mot(o two years sgo that' commerce followed the flsg.' Measurably the assurance hss been kept, but commerce has followed with hampered feet aod restricted motion, and the great advantages anticipated from the reopening of the Mississippi and the reoocupa tion of rebel tenitory have only been partially realiced. We believe the time has now eome when a different policy ?hould be adopted, and wh?-n tbe best results would flow from it Place fifty or a hundred millions of greenbitcks to the reclaimed regions, and give our people cotton to that amount, aod ihey have a stock in trade that would give ua a vast influence in tbe markets of tbe world It is, however, to eurselpes that the advantage would be most apparent. Commeiee and finance would be really king, com pelting the subjugation of revolt, reeeiving the ?llegiaaoe of Iho.e now in rebellion, hantening tbe day ol pern en?nt pence, and returning tbe control whioh has beer wrested from them by mad infatuation and the Qnthinkinc dream* of a new supremacy outside of the old Union " CONGRESSIONAL. CONFISCATED PROPERTY. In the House of Representatives, on Wednes day, the 13th instant? Mr. WILSON, from tbe Committee on the Judiciary, reported back, with a recommendation that it do pass, a I joint resolution to amend a joint resolution explanatory of ati act to suppress insurrection, to punish^ treason and re bellion, to iei? and confiscate the property of rebel*, and for other purposes. approved July 17, 1862. This joint resolution amends tbe joint resolution of July 17, 186*, by making it read that no punishment or pro ceeding under it shall be so construed as to work a for feiture of the estate of tbe offender exoept during his life, the amendment being intended to limit the operation and effect of the law only so far as to make them eouformable to seetion three, article three, of the Constitution of the United States. Mr. Wilson said he was directed informally to offer the following amendment: Provided, That uo other public warning or proclamation jinder the act of July 17, chapter ninety -fire, section l six, is or shall be required than the proclamation of the Presi dent, made uud published by him ou the 25th July, 1862; which proclamation ro made shall he received and held suf ficient in all cases now pending or wh ch may nereafter ari e under sui act And on this he demanded the previous question, which was seconded, sod tbe main question suds sad* ? Mr. PENDLETON moved that the bill snd amendment be referred to the Committee of the Whole on the state of tbe Union. The SPEAKER decided the motiou to be out of order. Tbe question on the amendment was taken, and decided in the affirmative by the following vcte: YEAS?Alley, Allison, Anderson, Arnold, Ashley, John D. Baldwin, Baxter, Blaine, Jacob B. Blair, Blow, BoutwelL Boyd Brandegee. Broomnll, Ambrose W. Clarke. Cobb, Cole, Henry Winter Dam, Thorns* T. DhtIs, Dawes, Iteming, Dixon, Krkley, Eliot, Fen ton, Qnrlleid, Ooocli, Orinnell, Hale, Higbv, Hotchkiss, Asahel W. Hubbard, John H. -Ilubbard, Hulburd, Julian, Kasson, Kelley! Francis W. Kellogg, Longyear, Lovcjoy, Marvin, Mcllride, McClurir! Saui'l F. Miller, Moorhead, Morrill, Dan I Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Pike Ponieroy, Price, Alexander H. IUoe, John H. Hlce, Edward H. Koillns Srhi-nck, Scofleld, Shannon, Smith, 8inithers, Spaulding, 8toTens' Thsyer, Tracy, Upson, Van Valkenburgli. Klihu B. Washburne! William B. Washburn, Whaley, Williams, Wilder, Wilson, and Win dom?78. NAY8?Messrs. William J. Allen, Brook*, James 8. Brown, William O. Brown, Chanler, Clay, Coffrutb, Cox. Craveus, Dawson, Dcnnlson, Eden, Edgorton, Kldridgo, English, Finck, Oanson, Qriswold, n?|i, I Holman, Kalbfleisch, Kernan. King, Knapp, Law, Lazear, La Blond, Long, Marcy, McDowell, McKinney. Mlddleton, WilUam U. Miller Morrison, Nelson, Noble, John O'Nell, Pendleton, Samuel J. Randall' Rogers, James S. Rollins, Ross, 8cott, John B. Steele, William G Steele, Stiles, Strouse. Sweat, Voorlieee, Wheeler, Chilton A. White. Joseph W. White, Winfi. ld, Fernando Wood, and Yeaman?M. Mr. WIL80N Mr Speaker, tbe lsw affected by the J'oint resolution just reported from the Committee on the 'udiciary is in tbe following language: " Resolved by tke Senate and Home of Representative* &c That l he provisions of the third clause of tbe fifth Bection of 'An act to suppress inanrrection, lo j uuish tresson and re bellion, to seize and confWate the property of rebels, and fur other purposes,' shall be so construed as not to apply to any set or acts done prior to the passage thereof; ror to include any member of a State Legislator*, or judge of any State court, who has not, in accepting or entering upon his office taken an oath to support the constitution or the so called Confedeiate Slates of Ame ica; nor shall any punishment or proceedings under seid act be to conetrued as to work a for ^'tnreof (he real es ate of the offender beyond bis natural life." The only part of that resolution affected by tbe one now under consideration is the last clause, wbieh provides that no punishment or proceeding under tbe confiscation act shall be ?o construed as to work a forfeiture of the real | estate of the offender beyond his natural life. The object of the resolution which I have reported is to so amend that last clause of the resolution of July, 1862, as to make it conform to seetion third of arti< le third of the Constitu tion of the United States In other words it proposes to substitute for the language e "braced in that resolution of I 1862 tbe language of tbe Constitution, which is as follows: I " The Congress el all have power to declare the punishment of treason, but no attainder of treason shall work corruption I of blood, or forfeiture, except during the life of the person attainted." We do not propose by the resolution to determine the j question of the legislative construction of the Constitution, I whether We may provide for forfeiture of fee or confiafa tion of the real estate during life. The pending resolution leaves tbe whole matter to the court. In other wordi, we I simply submit the section of tbe Constilution relating to tbe forfeiture of real estate to the courts of tbe country to determine whether forfeiture may be in fee or only for life. Mr. COX. I ask my friend from Iowa whether he in tends to press the resolution to a vote uow, without time ?for preparation or for debnte T Mr. WILSON. I propose to permit discussion to go on daring the moruing boar. Mr. COX. Does the gentleman propose to call for tbe previous question, so as to out off debate on this side of the House T Mr. WILSON. I desire to have action on the reso lution. Mr. COX. The gentleman eannot have action this morning. Mr. WASHBURNE, of Illinois. By what authority does tbe gentleman from Ohio make that declaration 7 Mr. CuX. Bv authority of the rules of the House, which can be made to prevent such hasty legislation as will strike at tbe very organio law of tbe country. Mr. WASHBURNE, 6f Illinois. We will see. Mr. KERNAN. Mr. Speaker, I desire to say that I was unable to agree with the majority of tbe Committee on the Judiciary as to the working of this amendment to tbe joint 1 resolution explanatory of the confiscation act: and I de sire to statu briefly my reasons I wish to call the atten tion of the House, in tbe first place, to tbe circumstances under which the confiscation act was passed, as they may not be fresh in the recollection of all. Now, sir, the confiscaton act was passed by Congress | a '. sent to the President, and before the joint resolution n* t proposed to be amended was passed, the President prepared a message to veto tbe original confiscation act, | and I beg to read from that message which the President transmitted to the House as bis views in referenoe to the confiscation act. I read from the Congressional Globe: " That to which I chiefly object pervades most part of the act. but more distiuotlv appears in the first, second, seventh, and eighth sections It is the sum of those provisions which resu ts in the divesting of title forever " For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfei ore extending be\ond the lives of tbe guilty parties, whereas the Constitu tion of the United States declares that ' no attainder shall I work corruption of b'ood or forfeiture, exe pt during the life of the person attaint*d ' True, there is to be no formal at tainder in this ctae ; still I think the greater punishment can not be constitutionally inflicted, in a different form, for the same offence. " I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies oulyin this country, as I understand, to real or lmded estate." After the President, having this confiscation act under consideration, had, aa be says to Congress, prepared this message to veto it, because it was unconstitutional, as purporting to take away, as part punishment of treason, a greater estate in lands than a life estate. Congress paased the resolution explanatory of tbe confiscation act, and sent it to the President; and the language of ihe explanatory resolution now in question I beg leave to read again : " Nor shall any pnnishment or proceeding under raid act be so con trued as to work a forfeiture of the real estate of the offender beyond his natural life." After Congress had passed and the President bad ap proved that act and tbe explanatory resolution he returned them to Congress, using this language in his message re turning tbeni with his approval: ' Considering the bill for ' An act to suppress insurrection, to punish trea>on and rebellion, to seise and confiscate the property of rebels, and for oiher purposes,' and the joint re eolation explinatory of said act aa being substantially one, I have approved and signed both " So that we have from the President a statement, first, that any attempt by Congress, or by the law miking power, to make as a part punishment of treason the forfeiture of a greater estate in lands than a life estate of tbe offender, would be unconstitutional, and secondly, that be only approved the act because he regarded the joint n solution, now proposed to be chmged, a part of the aet. And as the law now stands there is no doubt that tbe forfeiture incurred as to the real estate of tke traitor is only of bis life estate. Relieving, as 1 do, that that is as far as we can affect real estate as a part punishment of tresson, I deem it wise to allow tke law to atand I agree with tbe President that the true construction of the Constitution is that we have not power to cut off the inheritance of in- ' nocent heir* as part punishment for treason. But it ?s said by tbe chairman of the Judiciary Commit tee that he only proposes to amend by substituting tbe language of tbe Constitution, whjch f suppose is claimed to be different in construction from that now sor,t*iQ?d in the resolution. Now, I submit to the House and I sab mit it with great esrnestneas, but with great deffarenee, whether it is wise to change the law aa it stands. It has been said, it was urged upon u* in oomniiteee, or at least it wa* suggested, U>at one judge had bald that the language of tbe Constitution could be so construed as to forfeit the real estate forever of the guilty traitor. But I submit to the House that it ia at least a very doubtful question whether the language of the Constitution s*n be ftirly so construed. The language of the Constitution ia, " but no attainder of treason shall work corrupt on of blood or for feiture except during the life of th? person atta nted." 1 a?ree with the Preaident that by thia language the Con atitution restrains us from forfeiting the land forever. It seems to me thia ia entirely clear ; but, if the question ia a doubtful one, I aubmit to the geotleuian wht-ther It ia ver wiae to make our lawa ao that there may be a grave doubt whether they are constitutional or not. In it wise, ! particularly upon a subject like thia, where the judgment of the court below ia to be in reference to the title of real eatate, to put the law in auch a ahape 'hat it will be doubtful in ita meaning, one judge conatruiug it one way and another judge in another way ? Let it be remembered that the court which is first to ? pass upon this law, which ia to condemn the property and I order it to be told?and under its judgment it must be B0ld?iR an inferior court, constituted by a single judge. If he holds, upon thia equivocal question, made equivocal I by Congreas itself by the proposed amendment. Mat the fee passes, the party purchasing ao believea. But there will be a right of review, aud in testing that question years benoe by heira in the oourt above, the court may certainly hold that only a life estate can be condemned and Bold, and thereby the purchaaer will be involved in th<< misfor tune of loaing what he paid. If, on the contrary, the court below ahould hold that onlp a life eatate can be condemn ed and aold, it will sell for only a small sum. If on re view there ahould be a judgment tbe other way, the par chaser makes a great speculation out of the Government by getting tbe whole fee, when he only bid and paid for a life estate. I aubmit whether it ia wise for the law-mak iog power to make an amendment for tbe purpose of mak ing the act, now dear, doubtful. Agvin?and I aak the attention of every fair man to de cide thia for himaelf?if we had the constitutional power to take away f. re ver the estate in land, would it be wise to do so? I submit that the pnni-hnient f'-r treason.like ihe punishment for tvery other crime, ahould fall upon ihe guilty party only, and that we should not aeek to affect his innocent children and heirs. Take away from tbe #uilty party bia life eatate, bis right to dispoae of it, but do not take away the right of inheritance from the innocent heirs, who will ebow themaelvea loyal, else they never will have tbe right to come in court and ask to be heard. I aubmit again, if there is a desire to press this matter through now. that this law and joint resolution are and speak as one law as they stand; that the law could not bave been passed but from the fact that the joint ifSolu tiou was made a part of it. The act was amend, d in ac cordance with the President's suggestion of what Untight to be. Now, repeal tbe joint resolution, or ao arrend it that it speaks anew from this time, and how will it nff-i t men who have been guilty of treason since July, 1^62, when the law Waa enacted 7 At least it will raise very embarrassing questions in reference to procee irigs now pending, because the rule ia that if you repeal a penal law all proceedings under it, not completed before the repeal, fall. but, air, allow me to make another suggestion, and 1 <1o it with a desire as earnest as man can entertain that we should act wisely for the restoration of this Union ami the upholding of this Government. I am in favor of energy ti cally wield ng ihe powers of tbe Government to overthrow and put down organiied rebellion and arin? d rebels ; and yet, air, I do believe that if we love our country, if we hope to see our people ever again living peacefully under a united Government, we should toward the masses ol Ihe people in the rebellious Statea hold out every inducement which tbe Government honorably can hold out to induce them to desert the accession leaders, to lay down their arms, and come back to their allegiance to the Constitu tion and the lawa; and it seems to me that one great in duoement would be that the Government had not takm away from the masses of tbe people the right of their children to inherit their lands, or their own right, if they lay down their arms and comply with such umnes'y hs tt>e Governmi nt may deem it wise to (ff-r, to buy back cheaply the lif -estate which they have lost. If we forfeit the lands of the masses ol tbe people forever, if we tbe law tuch that the courts hold that the land* are sold to purchasers forever, do we not put the Government in a position where they cannot hold out, not to the leading instigators and actors in the rebellion, but to iho great masses of the people of tbe South, the inducement which I think it would ha wise to hold out to them to indue* them to desert those leaders and to come back to in." old Government, unJer which we must hope at least to bring the great idim of them; b6OM00?fto man, I take it, dt* sires to eiterminate the great mass of that people. Sir, let me suggest again that if we attempt to sell these lands io fee, if we leave the law in such stupe that the courts will be enabled so to const! uej^t?'hough I do not think they lightfully can, or that they ultimately will?you will have the rights of purchasers intervening to embar rass the Federal Government in any scheme of amnesty which they may think wise and proper to hold forth to the masses of the people of the Sooth for the purpose of es tablisbing proper relations between them and tbe Govern ment under the Constitution; to embariass the Govern ment in its efforts to restore iU civil authority alter we have overthrown the armed rebels aud brought to punish ment tbe lesders who have instigated and acted in this at tack < n tbe authority of the Government. I trust for these reasons, which I htve not attempted to argue, bnt merely to state briefly, tbe House will not pam this resolution, or at l-ast they will allow us to have u printed and referred to the Committee of the Whole on the state of the Union, so that g?otlemen may examine it carefully, for believe me we are all deeply interested, botli for the present and for tbe future, in acting wisely aud pru dently in reference to thia matter. If it is in order, and if tbe chairman of the Committee on the Judiciary will permit me, I will move or will aak him to move that the resolution be primed and pn?t poned to some future day for cona derat on, or that it be referred to tbe Committee of tbe Whole on the s'nle of the Union, where there will be no dispoallion to op pus- or discuss it factiously, but where gentlemen will have the meaus of looking into the matter and of deciding whether it is wise to chauge the law, which now indicts as a part of the punishment for treason forfeiture of e?ta e for life. I believe that is all that we can constitutionally do, and therefore I am not in favor of amending the law aa it now stands, which is clear, so as to leave it doubtful and open to legal conatruction. Mr WILSON. I und. rstand that there are aome other members of the Committee on the Judiciary who desire to be heard upon this proposition, and I certainly have no desire to press it unreasonably upon the House. I will therefore move to recommit tbe Joint resolution to the Committee on the Judioiary. That will admit of general discussion on the resolution Let the discussion proceed during the present morning hour, and then let it passover as unfinished business to be taken up in future. ibM will enable gentlemen to examine the resolution, and also to express such views as they may desire to present to tbe House. I submit the motion to recommit, and I also move that the joint resolution be printed. A PROFITABLE CHARTER. (Jorretpondtnce of the Neio York 7 rib tin* Fortress MowpoK, January M, 1864. The Military Commission of which Gen. Wistar is pre sident, now in session at Norfolk, have under investiga tion another mona!roua ateamboat operation?that of the charter to Government of the little steamer Nellie Bsker, which wai taken in February, 1668. at $3 >0 per day. The Nellie w as owned at that time by Captaina Ci as Spear and A. W Cold en and Mr G H. B. Long, all of Boston, who paid $19,800 for ber, and subsequently put her on the Nahant route She was afterwards chattered to Go vernment, at the above-named date and price, the chapter running ten months, and returning to her owners f 106 200 The Government then bought her outright, paying $42,000 l0r her?tbe charter money and the purchase money real ising to her owners the snug sum of $14H,000 In addition to this large sum, the profits derived from tbe sale of refreshments on board tbe Nellie during the time a be was under charter were about twenty five dol'ars per day, beside whioh she was supplied with coal gratis by the G< vernm- nt. A eaae ot a smaller pattern, but one nearly aa flagrant in the circumstances connected with it, ia also under in vestigation. The fscts are these ; An old canal barge called the " Miss Mary." worth about eight or nine hmi dred dollars, was chartered in November, 1?62, at twenty five dollars per day. This barge remained under charter at this extravagant ptice until she had earned her owners four thousand dollars. She was nominally a " prison hulk," but the evidence shows that she was used hut a small part of the time Her owners were John Cnblens and John F. Pickrell. of Baltimore, who figured so con spicuonaly in the Grimes Committee investigation. The entensive dry-goods warehouse No. 146 Duane street, (New York,) occup ed by Messrs Auffmordt. lies I nbrrg A Co , and Fairchild dk Fanshitw, took fire on Saturday night, and was entirely destroyed, together with the mam portion of the st"C.k The loss is stated at $700 000. Mr George W Burridge, a fireman, wa* killed by the falling of a wall. NEW JERSEY LEGISLATURE I he legislature of New Jersey met on Tuesday last nnd wu orgauite4 by the election of Democratic officers, that party having a very decisive majority in both Houses. I he annual menage of Governor Parker, communi cated to the Legislature on Wednesday, presents a clear and comprehensive view of the affairs of the State, which generally are in a flourishing condition. We ex tract at length ao much of this able dooumvnt as rela'es to national affairs: national affaihn. Having preaeutad the various subjects of interest con nected with the administration of tbe State Uovernmei.t uring the last eventful year,'and made such suggestions and reoommeudaiions iu reference thereto as appeared necessary, your atleution is now invited to the considera 1"^? ?i ?n?a P'"- Whi,w proper respect for consti tuted authority should always be observed, thn free ex preasion of opinion upon topics connected with the war -hould be exercised. The issues iuvolved in He content are too great, and the oonsequenoes of & mj-taken policy too serious, to suffer us to be governed by the spirit of faction on the one hand, or influenced by blind subser viency to power on the other. It is only in the light of free discussion that the path of duty can be discovered. If? our complex system of government, the rights of tfce State! under tbe Constitution, (be oauses tbat induced secession, tbe uijuitifiable character of tbe rebel lion, the unwarrantable encroachments on tbe rights of oitMwus of loyal States under tbe plea of " military oooes sltv, were, among other subjects, fully discussed upon my induction to office It is not necessary to repeat the opin ened themeXf,re " h" "Ut cLaD?ed- but strength We have now arrived at that stage in tbe progress of the war when we are forced to consider questions connected with the restoration of peace. During the past year the national armies have achieved important victories, a large part of tbe territory originally oocupied by the in curgent lorces has been wrested from their grasp, and tbe military power of the enemy, with some inconsiderable exceptions is dow confined within the narr -w compass of the Southern Atlantic States. The failure to obtain fo reign recognition and the deranged condition of the finan ce* have crippled tbe energies of tbe rebel Government ihe greatest auff-ting exists among all classes, and while large and powerful armies are still in being, and a deter mination to continue tbe war to the last extremity is u.aui .erted by those in power, there is reason to believe tbat general dissatisfaction and discouragement pervade the masses, and that in some localities tbe people are anxious to renew their allegiance to tbe Federal Government il conciliator} terms be extended to them. The plan of re storation proposed by the National Eiecutive in his late annual message to Congress accompanied by the assurance that it would be abandoned if a better way could b? de vised, opens tbe question of pacification to the people; and invites discuasion. ?1 he g.eat question to be considered is, how can wr. have pencr. and the Union in the ikortest time / For however desirable peace may be, we should be united iu the deter mination that when it comes it should bring with it the Uuion of the States uoder the Federal Constitution and the re-eatablisbment of the national authority over the whole country. The prosecution of the war by all consti tutional means for tbe purpose of destroying the military power ot tbe rebellion, accompanied by au amnesty offer ing to the people <f th-rebel States such conciliatory'terms as are constitutional, ju-t, and practicable, will soonest produce peace and the Union. What terms should be ex tended to the people ? In what way should the Stites re sume the functions of government so long in abeyance in consequence of the rebellion, and again become active members ol the i-ederal Ui i >n7 These are the absorbi a questions of the hour, and upon the answer depends a speedy peace or the prolongation of this terrible strife io determine the right basis of a peace, we should ascer tain ths purple for which the war waa commenced, because the plan of pacification should conform to the deolared ?b ject of the war. This object o-i the part of our Govern ment was explicitly stated by a resolution passed unani inoualy by the house of Representatives soon after the commencement of hostilities, and which still stands as the authoritative declaration of the popular branch of P?m gress That resolution declares that "the war is not waged /or the purpoie of overthrowing or iriter^ritii/ ? r,th/h; r*!lt8 a?d institutions of the States but to defend and man/tain the supremacy of the Coustu turion, and to prswrv* the Union, witb all the digruti equality, and rifekts of the several States unimpaired and that as soon as Lbes* objects are accomplished toe 'war \ ,!.U the Publi,h,!,d 0 'rrespondeuce of the Stat* Department tbe same idea is forcibly expressed in the following language: "Tbe rights of the Stales and the condition of every human being In tbem w.ll remain sub ject to exactly the i?m? law. and forms of admm.st ration whether the revoluliou should aucceed, or whether it , , j f*'1' ? ? ? In the one case the States would be federally couuected with tbe new confederacy; in the 'other tney would be. as now, members of the United ' .Stat s; but their constitutions and law-, customs, habits 'hud inktituiious in either case would remain the same *' In repudiating indigriantlv any iqtenti.m on the part of the Executive to distui b the domestic institutions of the States the writer adds: "Any such effort on bis part would be unconstitutional, and all his actions in tl at direction would be prevent*d by the judicial authority of the United States, even though assented to by Congress and tbe people. According to tbe principles thus deliberately announced n behalf of the executive and legislative branches of the Joverument. the Stares were to be ngarded as in the Union, and the rebellion considered as a revolt of the peo pie as individuals, an1 whenever they should lay down heir a>m* and re<iew their allegiance to the Federal G v Turnout, tbe States as bodies politic were to resume the exercise of the functions that had lain dormant in Conse quence of the rebellion, with the same constitutions, laws *nd institutions as before the war began. An amnesty has been offered to tbe insurgents. Do its terms and conditions accord with th? declarations volnn tarily m^e to tte people of the loyal States, and pub lished to the wot Id ? Is a restoration of the State Gov ernments to their former position under loyal aim nistra lions invited, or indeed any provision made for such return ? Does not the plan, on the contrary, ignore the existence of the State* with their "constitutions aud form of administration," and provide only for tbe creation of now States, with new forms of government, founded on oew principle* dictated iu advance by tbe central power? Are the conditions such as aro calcula ed to divide our enemies, and draw the hearts of the repenting people of the deca>ing Confederacy towards our Government or will they not be more likely to unite them, and give their crafty leaders material to ii fl ime their hatred and impel them to renewed resistance I Under tbe amn< sty at pre sent extended, if tbe entire population of certain Stat-s sh-uld to-day lay down their arms, sue for peace, and take the oath of allegiance to the Constitution and laws of the United 8Ute?, uot one man of the number, loyal ?r dis loyal, could be received and pardoned, unless be should also surrender his State Government as it existed wh -n loyal before the outbreak of tbe rebellion, besides yielding the greater portion of his property, and virtually acknow ledging by an oath that be thought it was right so to do is th ? the kind of conciliation to aoc?.mpany and strengthen the arm of power t This plan is the natural fruit of the emancipation pro clamation, and is predicted on tbe idea that the abolition of slavery is of primary importance. It is not in accord ance with the declared object of the war. The Union is the all important object, and slavery should be a subor dinate question It is acknowledged tbat, as a matter of civil adminiatra tion, the General Government has no lawful power to eflecf emancipation in any State, but Ihe right to do so is clai ned on the ground of " military necessity " The line of argument which justifies the emancipation proclamation as a military measure, renders the Constitution inopera tive in time of war, and makes all our tights subject to Executive discretion. If this be so, the framers of our Constitution were mistaken in supposing they had created a republican lorm of government But suppose tbe emancipation proclamation does not I Violate the Constitution still it was unwise, arid not de- 1 mtthden ft* a mean* to ai4 in Ihe tucrei<*ftil prosecution of the war. On the contrary it is now proving the truth of prediction that it would b* an obstacle in the wny of peace If that policy had not been inaugurated there is no doubt but that in some of the Stntes the mass of the people, before this time, would have supplanted their rulers and returned to their allegiance It is a great tnis'ake to asiunie that the emancipation policy has contributed to our unlitary successes during tbe past year. Our victories are due to tbe skill of our officers, and the indomitable courage of our soldier*, who have achieved great triumphs in spite of a policy that united the enemy snd rendered his resistance more desperate. Tbe vast resources of the nation have also had time to develop their superiority over tin ?? of the insu'gent States. How has it given us strength f Did volunteers fr >m the loyal States htafeu to fill the ranks of the army as was predicted when the proclamation i?sued, or was not the spirit of volunteering quenched throughout the North, and the Gover?|ient compelled to resort to conscription f It Is the dulf of the citisen not to exercise conditional loyalty, but to respond, to the extent of hi* powers, to the lawful demands of the Governmen for thepurpuM of -ubdu.ng the rebellion, yet who d?*s not believe that if the emancipation policy were abandoned and a proclamation issued that tbe " ?ole great object, ol the war were the restoration of the unity of the nation, the pre-ervatl' n of the Constitution, and the supremacy of the laws of the country," bait a "?iH?on of volunteer would fly to arms and conscription b?Ta thing of tbe past Kut it is said, in justification of the e mancipation policy, tfiat unless slavery be uprooted before the war ends peace will be of short duration. This is mere supposition; and from fear that another war might at aome future time re mit wo are asked to prolong the present struggle, per baps involve ouraelves in hopeless bankruptcy, and add to tbe countleaa thousand* of the slain, even if we could now have tbe old Onion uuder tbe present Constitution, tvery member of Congress who voted for tbe resolution express ing the object of tbe war declared, in substance, that the supremacy of the Constilutioa could bo maintained and the Union preserve.! without interfering with the rights or estnblished institutions of tbe 8tates. The framers ol tbe Federal Constitution so believed aud acted upon that theory ; and it was not until thoae great and good men bad passed away that aome of their degenerate sons, in tbe one aectio i fired with an U'.holy ambition for empire, ai d 10 ihe other led by a blind fanaticism which would overturn constitutional rights, brought tbia dire calamity upon us. The events of the past thiee years will never be effaced from tbe memory of the living, and bi.tory will tell its sad story of desolation and death. There is no danger of a r? petition of such bitter experiences. In neither will the people again listen to tbe counsels of such as led them into thV.se troubles There would be greater danger ol the renewal of hostilities should peace be mtde by strik ing the old States from existence and creating new ones under the pledge of tbe Federal Government, even after tbe war had endfd, to euitain a small minority of th? in habitants in holding, the majority in subjection. To do this an immense standing army Would be required, "unti notion, in direct cot fl.ct wi'h tbe Constitution, would in augurate many complicated and exciting questions in re ference to representation in Congress and the electoiM college, in which the people of tbe populous loyal States would b^ deeply interested. But tbe qu- stion may be asked, how does the present amnesty d. lay and hinder tbe repentant rebel from ac cepting it* term*, if he sincerely desires to renew his alle giance, wlim the oath he is required to take binds biui to abide by and f.iitblully support all proclamations havirg reference to slaves, only so far as they shall not be modi 6 <1 or declared void by the deoision ot the Supreme Court 1 Ih not a proposition reasonable which offers to submit the title ot property to tbe courts 1 The an- wer ia that such a proposition might be reasonable, (tor alt the questions growing out of tne rebellion must be finally settled by judicial decision,) provided a compliance witn tbe conditions of the annexed oath did not in advai c> practically destroy the very property the title of which it is proposed to submit to the opinion of the courts. It would be better to deuy entirely the privilege of Judicial investigation than to offer it in such a manner as to pre sent the shadow of justice without the substance. The question is not whether the masses in the rebellious States are entitled to any terms of paidon, for that his already been dec ded by offenug terms, on the ground that a majority of the people bad been deluded by ambitious l -aders; but whether tbe terms offered to those who will l?y down their arms and become loyal citifens, are pia<v .ieable, and calculated to produce the object tbe Oovein uieut fhould have in view, that ia to end the war as soon hs possible, by dividing Soutborn sentim-ut and arraying the people against those iu power, lake the ca-e ot a Union man in the Sou h who has been compelled, throu^ fear of violence, passiveiy to submit to Confederate rule, (and there are doubtless many such cases,) and now that the Federal bayonets have driren the enemy from his neighborhood he desires to avail himself of the amnesty. would he be eucouriiged in loyal'y by bring informed thnt he cannot tnke th* prescribed oath without surrendering, as a condition precedent, the title to all his slaves, consti tuting perhaps the wttole of his property, but that in years to come, if the Supreme Court should declare the proclamations in reference to slave, void, he can have bis property if he can find it Indeed i^ is d'?ubtful if the muu wh . observes the oath could bring his olaim of property before the court, because he would not be su porting the proclamation* in attempting to have them declared voul Just here ia one of the radical defects of the proffered amnesty as a m de of pacification It should have re quired allegia ce only to tbe Constitution and the laws, leaving the court subsequently to decide upon their v* ?idity and upon the legality of all acta of the Admimstra tino, inclnd ng the proclamations, and permittiig the man who de?irea to renew his allegiance to retain tbe property, of which he is the possessor and prima facie owner until tbe title is decided, so ihat he may have the benefit of the decision it it be in bis favor. But suppose there were no constitutional objections to overturning the established institutions of the htates, and and that the rebel? had no rights, and deserved no con sideration whatever in the sett ement of these difficulties, *nd that the people of tbe North and the servile race ai he South were th.i o.nly parties interested, the question whether either we or they would b* benefited by the sud d u emancipation of three millions of dependent beings, ignorant, in.iolent, and not self-supporting, claims serious rr flection To effect emancipation, the war, with its iui meuse attendant eipenses, must undoubtedly be protract ed and if finally effected, the burden of sustaining and pro viding for tboae liberated will of neceasity devolve ou tbe Government and people of the Nortl*. It i* th* pait of wisdom to pauae and tako a calm view of our financial condition. Accordii g to the most favorable statement, if the war should end n w it is probable that the expenses incident to its close wool 1 swell the national debt to over two thousand millions ot dollars. Add the State, county, city, and township dobt which are constantly accumulating, and you will find that our indebtedness eiceeds the almost fabulous debt ol Gre?t Britain, it the difference in the wealth and rate of intere-t ol the two nations be considered. 1 he annual interest ol our deb- is more than the expenses of th* Government before the war. We do not >et lu ly realize our real con dition, because we are iu the *h.rl of excitement, and have only begun to feel the weight of taxation. I do not thke this view to dnc qragf, but I think it right to state th se lacts about which thero is no aecret, In reference to a subject In which we are all deeply interested, in solemn warning A faithful pilot w II not close h s eyee tn seen rity when the ships* in peril, but will use every effort in rime to e-cape the danger, lj*t eaoh one inquire for him , ?cll li 'W much debt, in proportion to its wealth, a nat on | can carry in safety. It the war b* brought to a close within a reasonable time and a united country be the reault.thia great nation, with it* immense resources, will spring into new life, and under the blessed reign of peace will ultimately shake off its burd-ns We should be prepared to make still greater sacrifices than any that have gone before, if necessary t ? s-?ve tbe Union ( but the considerations to which I have ndverte 1 admonish us not to prolong the war a moment longer than ia neces-ary teeffeot its legitimate object L"' tlx be careful lest in seeking to attain a lancied benefit f r others we do not destroy ourselves, I ssy lancied benefi', fir history informs us of the sad o >ndi ion of those coun tries wh?re large slave populations have been suddenly emancipate d. What is the history we are now nothing 1 he fortunes of war, in th? advance of our armies. n*ve broncht within our lines large numbera of slaves, an I their deplorable condition is portiayed by trustworthy eye-wit ne-#es, who are appealing to our sjmpathy to aid the un fortunate sufferers We are told that thousands upon thousands are scattered along the banks ol the Mississippi, collected in camps, aim. at naked, suffering from sickness and exposure, and dying in startling numbers It issta ed that during the last winter, out of four thousand collected iu a sinale city twelve hundred died It is tbe duty of fill Christian and humane people to contribute even from scanty means for the.r r. lief But the very grave qi*. t.on presents itself, if such be the suffering and such the claim* upon our charily when there are only an hundred thousand to care lor, what w mid be the condition < f things should three millions of these poor, dependent, land less and homeless beings be set free 1 The present position of affairs is environed with diffi culties. and nearly all of them proceed from interpolating the emancipation policy on th* conduct of the w*r. in vi*w of the face to whioh ref-rene* has been made should not that policy be abandoned? Would it not be better f(,r ourselves and the slavee to abandon a measure which was adopted with great hesitancy and doubt, both as to its policy and validity, and which has raised even greater obstacles to pacification than was predicted 1 Experience proves ibe opinion heretofore expressed Ihat if in tbe providence of God emancipation is to come it will come so as to be the greatest blessing to both races; and tha' to benefit even those in aervitude it should come by the action of the people among whom the relation exists, peacefully and gradually, aud not by the inatrumentalit) of the sword- , .. It is not from sympathy for slavery, as is sometimes cbsrged, that the introducion of the emancipation policy is deprecated, but becaus? it violates the Constitution and add* vast y to the difficulties which *ta d in the wayr o peace and union. Slavery was introduced by our tor , l.thers.and incorporated in the inatitetioosofbotb^ 1 tions. Upon the establishment of our national indepen dence and :he formation of the Federal recognised as a State institution, and left by the framert t j of the Constitution to the people of the several 8tates to t manage for them?rlves lu the North the people, without , interference from the other section, declared for its gradual I abolishment. There are those, however, who are not . satisfied with ttis, aud insist upon eradicating the l?st vestige of the institution wherever they find it, no matter i what oonatitutional rights interpose, or how many fields are deluged with blood. , Home believe that war will destroy all hope nf anion. | They maintain that it ia beat for the inteieata of the whole country that our armiea should be withdrawn, that the flow of blood fhouid be permitted t<> cease before both section* become entirely exhausted ; that with the withdrawal of our aimiea r? as <>u would reaume ita sway, a> d the 8 uth, if permuted to depart in peace, would at aome future time voluntarily return to the Union. The policy they reeotn mend, however sincerely entertained, would certainly re sult in perpetual disunion, and we would emerge from the ireseut war only to be involved in other conflict* not lea* bloody, wbioh would iuevitably flow from aeparation. Tbe withdrawal of our armiea wou<d be a coufe-aion of weak [ ucaa, and the Confederacy would at once be acknowledged by foreign Powera A people who would suuder the tiea wbioh bouud them to the Union, and endure a<> much ia the effort to establish an independent government, alter at taining the obj-ct, would mver voluntarily surrender their nationality. Jvu auch instance ia on record. What result auch action might have aoe?mpliahed before the destruction of ao much life and the desolation of sj many home* we will never know. The withholding of men and the with drawal of <?ur armies now would be equivalent to surren dering tbe Union forever. Tbe way to peace which tbey propose would not only lead to continual war, but to the overthrow of our system of Government. The right of recession once acknowledged, the remaiuing States would aoon be aub livided into petty provinces, and involved in endle a warfare would soon become the prey of some am bitious conqueror. It ia the duty of the State authorities to furnish the men neceaxary to deatrny the armed power of the rebellion, and it is equally the duty of tbe General Government to acoompany the exercise of the power en trusted to it with proper t-rm* of conciliation. Others allege that men of oontrolliog influence insist that the old Union under tbe present Conati ttt ion shall never be restored; t'lat there shall be no Union unleaa slavery be first abolished ; that arbitrary powei in direct antagonism with constitutional righta hna been employed iu the loyal ntatea; that military rule and unauihorix-d 'eat on lbs bavt iu roine instance* interfered wih the tree d< m of electiona, ai d that men who love the Union and au-tain tbe Government, bur protest against ttis pol cy, are denounced as traitors and proacribrd from places of position, both military aod civil. The truth of theae alle gations is sustained by facts; and yet they who complain are not justified in the abatement of their eff -rta to subdue tbe rebellion Wise men will not be driven from the path of duty by'tho errora or vituperation of others. Whatever tbera may now say or do will not pall ate tbe crime of those who took up arma against the Government, or lessen the obligationa of patriotic men to ai<l in their overthrow. We abould uot abandou tbe Government of our country, engiged in war with those who would deatrny out national exi tence, whether temporarily administered to our liking or not. Tbe Government is designed to be perpetuil, whi.e administrations are transient. We must ?ub iue the rebellion and save the country in spite of all d flicultiea. I'hat which interferes with the speedy restoration of the Union under the Constitution, whether it proceeds from tie enemy or exiata among ourselves, must be overcome. Every obstacle in the way, whether it be the reb- 1 armies or ihe fatal p licy of those in power, should be swept from existence by the people; in the one oase by the use of military force, and in the other by the untrammelled ex ercise of the elective franchise However strong our armies may become, success will be delayed unless we have tbe right civil policy. In fact, with ut the right civil policy victory will Dot give us a Union worthy of tbe name. The State for which you legislate occupies a proud posi tion. In every emergency she has prove.! true to her Re. volutionary tame. In every war iu wbich the country baa been engaged New Jersey ha* contributed freely of her treasure and her aona. Her people are patriots, conser vative, and eminently national. They have always been willing to atand bj the contract aa our fathers made it. They have always obaerved the couatltutional ngh>s of other States and the nation. They love the Union and will labor for ita preservation as the first great object to be accomplished They will hail the day when thoae in rebellion shall lay down tbeir arma aod return beneath the fold* of our national banner. While tbey will prompt ly meet every constitutional demand of the General Gov ernment and contribute to the extant of th-tr means to overthrow armed rebellion,yet they will ron inue to protest ??gainst every innovation of their rights or the righ's of the States, and against any policy which to them teems de structive to tne Constitution, and unnecessarily postp n a he triumph of our arms and the restoration of p ?ee upon ju*t term*, on tbe basis of the Union of sovereign aod ? qual States, in the midst of sore affliction, our hearts should swell w th gratitude to the Au bor of every good an t perfect gift for tne many bleating* lie has vouuhsa'ed t" us during the year that hna past. He baa protected our S ate fr? tn the invaier, and preaerved peace within our bO'ders. He has rewarded industry, and orowne.l with plenty the la bnreof the hnsbanlman. May He give us all wisdom to d acern the r giit, and hearts to no our duty when riiaoern ed; and in His infinite mercy may He look with compas sion upon our bleeding and distracted country, and agma give ua peace, union, and proaperity. J?>rL Parker. A MiSSluN IO RICHMOND. Mr. H. M. Warfield, a merchant of Baltimore, has gone to R cbmond to endeavor to eff>ct tbe ixahaoge of Mr-j r White, a Hepublican Senator of Pennsylvania, for Gen. Trimble, of the r? bel at my. 'Ihe Baltimore American aaya that Mr Warfield has not undertaken this m'asion hy authority of the W?r Department, as baa been stated, and eiplams the matter as loilowa; " Our reader* already know that Major Wh te, a m> mber jlect of the Pennsylvania Senate, is a pii?oner at Rich mond, and that hi* abseiic- haa given the D^m crata the jiower to prevent tbe resu'ar organisation of the Senate, tnd embarrass tbe proee-dings t>f the Legislature. It haa therefore bec<an object of importance to secure tbe release of Major White, and some time ago meaau~es to wards this result were initiated. Tbey resulted in an underatanding, said to have been sanctioned hy J- ffe soo Davia himself, tbat Major White woti'd be exchai.ged 'or Msjor Jonea, a rebel prisoner in our hinds. Major J nee was accordingly sent to City Point, but new difficulties were there created Mr. Ould, tbe rebel oomm ssn ner, had not been informed of the agreement, snd the rebel Major returned to Fortresa Monroe. '? R-*pre entatiori* were then made to the War Depart ment by Major Jones that if he were permit ed to go to Kichmond on hi* parole he could procure tbe release <>f Major White Mr Stanton consented, and Major Jonea was passed through onr lines, on the express condition that he was to procure the release of Msjor Wr.ite, or himself return. He did neither. Another Penn*ylva-iia M jorwas sent in exchange by the rebels, and Major Jouo* remained South, thus violating the express terms of his parole, wh ch specified that he was to be exchanged tor M?j r White Mr. Mtantoo, disgusted with this dis honorable pieoe of trickery on the part of thi rebels, re fused to have any thing more to do with the matter. " Since tbe meeting of ibe Legislature Governor Cur tin and other prominent Pennaylvaniana aopeal- d to the President in reference to the matter. They represented that if periuiaaion was given to them to send a person to Richmond, and toe Government would consent to give up Oen. I. R Tr mile, or any other Brigadier General in our bauds, for Maj <r White, that tbey wou'd be able to secure the exchange ol tbe latter. Tbe President, aftereoi s dera tion, and in view of tbe urgent solicitations made, gave his consent to both these propoaitions. " Tbe selection of Mr. Warfielu was made by a relative of Major White, who th night that hia known disloyalty here woul.1 give him influence at Richmond. Mr VV*r fiel 1 was approached on the subject, and consented to ao cept the mission The Government cafried out its part of ihe agieement, and he is now in Kichm nd endeavori- g to ?ecure the exchange of Ma|or White for Brig. Gen. Trim t>le. The rebel authorities have for some time been anx ioua to secure the release of Trimble, probably because, oesides being a prlnoner of war, he is also under indict nent for treason in the United States D strict Court of this state. Their agreement to tbe exchange ia therefore altogether likeiy. " We have <>nr doubts whether it was wise to send Mr. Warfield to Richmond, but it is right tba: tbe real facta in the matter should be known and the affair brought down to its proper level." G n Pelgwiok has written a letter to Gen. French, commanding thr Third Corps of the Army of Ihe Poto m ic, emphatically denying an accusation againat the latter b/ a New England clergyman, from which it appears that ??? such c nver-atiou as ia represented wi h Gen Mesde ? ver took place Gen. Sedgwick pays a high compliment to Oen. French's personal bearing during action, aa well as hia sble disposition of troops The members ol (Jen. French's staff have alao publiabei a denial of tbe caluo|? nious statement.