The Sun. — London, England, 1860-12-18 00:00:00

)e " deli- mit is s elf could ono form ing sub been the until the is pre of the vigour :tin en- L the per aifested s at injury Le Union. us violate kelpie of the overt ried into )m mence al, it is to ce to the ernment. peal their flees this mpossiblB he consti- from the he consti have been provision of the re• er having to obtain istance to olutionary .o last two sovereign accordance ion of the 3 Confede ly the vote ) any one nanner bY remedy it invent is a ssolved at If this be mnetrated, ion in any ay resolve hostile re ,ut respon mpel thew be, entirely ;t our fore o establish• the history ion. After nd care, it the several iscussed at nen of the rred powers ights of the nder a fair adation for )etween the ever occur' is or advo efforts were r State felt What $ ;ainat those d be end an' ras not until ;overnment :t was then of General 833, trans. arolina to The rights themselves States, from liberty and , cannot be be utterly the geners l vhich it wee Jonstitutiosi altogether contained is character of it J. beyond id a portion inder f 1 11 a called, the y the Stateo I, acting in masequentlf ,e constittts s created by ict sense of tan the go - States are. 1, organised tments. D Sings ; and for ezecut' annulled at % The old 3s of Code ;a ;" and bl Le articles of ed by eve/ he preamble ag express I that it Wall And yet ft 1" does 120 t tual appeal; the powers °Term:glees s of national purse under nd to WO and to con' is invested to the vaine cations, and ) enumerate 2d upon the enumerated sive right to In with tlo these high ;teal meana sir exercise. r language, into ant of marqne make ail' at of debts law impair' without the imposts or ay be aloe' LWS ; and If ong to the Congress, of war 111 mpact wig age in warn i age r as "' ed exercis• L, it is pro' the lJnito d i If ; and a l ; iuthoritio. eland; as r; anything e contrsr, eradded to and repre ;tate legir both of the 3 bound by onstituti oss its fors's* s Govern! upon Sb! es its 00le to Inak overnme nt i 135 charact er. obey O r t ° c h r equiße )ose of re: )re p er Let directlf ,ut the ill' en accora- astitution: people of e right 0 tes, ill 01 ' asses 001 reserve° titution of itutiou 4 :1 though lv Powe rful vereiguff • extend % A e. t g he oe eu on it Laois. 0, Lid v Pab lia l 10 4.cit aPplication to Congress, have obtained a convention for the same object." This is the very course whist. I earnestly recommend in order to obtain an " explanatory amendment" of the Con -Btitution on the subject of slavery. This might originate w ith Congress or the State Legislatures, as may be deemed most advisable to attain the object. The explanatory amendment might be confined to the 41 1a1 settlement of the true construction of the Constitution an three special points : An express recognition of the right of property in slaves in the States where it now exists or may hereafter exist. 2 . The duty of protecting this right in all the common t hey throughout their territorial existence, and until Ln eY shall be admitted as States into the. Union, with or Without slavery, as their constitutions may prescribe. ~3 . A like recognition of the right of the master to have ma slave, who has esoaped from one State to another, restored and delivered up to him, and of the validity of the fugitive slave law enacted for this purpose, together with a d eclaration that all State laws impairing or defeating this r ight are violations of the constitution, and are consequently null and void. It may be objected that this construction of the constitu tion has already been settled by the Supreme Court of the united States, and what more ought to be required ? The answ er is that a very large proportion of the people of the United States still contest the correctness of this decision, mid never will cease from agitation and admit its binding f orce until clearly establishe by the people of the several States in their sovereign character. Such an explanatory a mendment would, it is believed, for ever terminate the existing dissensions and restore peace and harmony among he States. It ought not to be doubted that such an appeal to the arbitrament established by the constitution itself would be received with favour by all the States of the confederacy. : 11 an re y event it ought to be tried in a spirit of conciliation Befo any of those States shall separate themselves from the Union. When I entered upon the duties of the Presidental office, the aspect neither of our foreign nor domestic affairs was at all satisfactory. We were involved in dangerous cora- Plications with several nations, and two of our territories Were in a state of revolution against the Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions Were countenanced by many of oar eitiaens, and were suf fered, in defiance of the Government, to escape from our Shores, for the purpose of making war upon the unoffend - Lag people of neighbouring republics with whom we were 4 ' peace. In addition to these and other difficulties, we experienced revulsion in monetary affairs, soon after my advent to Power, of unexampled severity and of ruinous consequences to all the great interests of the country. When we take a retrospect of what was then our condition, and contrast this With its material prosperity at the time of the late presiden ,,tal election, we have abundant reason to return our grateful. t hanks to that merciful Providence which has never for saken us as a nation in all our past trials. OUR FOREIGN RELATIONS. GREAT BRITAIN. Our relations with Great Britain are of the most friendly !ntracter. Since the commencement of my administration, te two dangerous questions, arising from the Clayton and - h alwer treaty and from the right of search claimed by the •nritish Government, have been amicably and honourably a djusted. The discordant construction of the Clayton and Bulwer tr eaty between the two Governments, which at different periods of the discussion, bore a threatening aspect, have !eulted in a final settlement entirely satisfactory to this g overnment. In my last annual message I informed Con gress that the British Government had not then " corn- Pteted treaty arrangements with the republics of Hondu ras and Nicaragua, in pursuance of the understanding be tween the two Governments. It is Nevertheless confidently !APected that this good work will ere long be accomplished. B ritannic confident ;expectation has since been fulfilled. He r 'ritannie Majesty concluded a treaty with Monduras 21 the 24th November, 1859, and with Nicaragua on t he 28th August, 1860, relinquishing the Mosquito Protectorate. Besides, by the former, the Bay Islands It recognised as a part of the republic of Hondur a s . 4 t may be observed that the stipulations of these treaties confir m in every important particular to the amendments `uopted by the Senate of the United States to the treaty concluded at London on the 19th of October, 1856, between t he two Governments. It will be recollect d that this treaty ' 484 1 rejected by the British Government because of its ob action to the just and important amendment of the Senate th e article relating to Ruatan and the other islands in the 124 3? of Honduras. It must be a source of sincere satisfaction to all classes of C am' fellow-citizens, and especially to those engaged in fo reign c o mmerce, that the claim on the part of Great „_ritain, forcibly to visit and search American Vessels on t he high seas in time of peace, has been abandoned. This t lt t as by far the most dangerous question to the peace of the 1t ,,0 Countries which has existed since the war of 1812. bilst it remained open, they might at any moment have feet precipitated into a war. This was rendered mani tit by the exasperated state of public feeling e li toughout our entire country, produced by the c,trciblo search of American merchant vessels by British cruisers on the coast of Cuba, in the spring of 1858. .„k 8 American people hailed with general acclaim the tiers of the Secretary of the Navy to our naval force in S tates Gulf of Mexico, "to protect all vessels of the United 'easels on the high seas from search or detention by the 'easels of war of any other nation." These orders might have produced an immediate coffi n between the naval forces of the two countries. This Ass most fortunately prevented by an appeal to the justice a Great Britain and to the law of nations as expounded by star own most eminent jurists. The only question of any importance which still remains flien is the disputed title between the two Governments to e island of San Juan, in the vicinity of Washington Ter- ZiL aernet°rY. As this question is still un moment to make any other elusion to the subject. The recent visit of the Prince sf Wales, in private cha 4eter, to the people of this country, has proved to be a most auspicious event. In its consequences, it cannot fail increase the kindred and kindly feelings which I trust may ever actuate the Government and people of both „ 'eqintries in their political and social intercourse with each FRANCE. „ With France, our ancient and powerful a ll y , our rela 'atts continue to be of the most friendly character . A de wl4;ou has recently been made by a F rench j udicial tribu l:l' v t , , with the approbation of the Imperial Govern ment, that'itch cannot fail to foster the sentiments of mu tual re g ard U nder have so long existed between the two countrie s . Ilder the French law no person can serve in the armies of F rance unless he be a French citizen. The law of Fronce , 6 cognising the natural right of expatriation , it follows as a reessary consequence that a Frenchman, by the fact of hav- • :,g become a citizen of the United States, has changed his 4 • egiance and has lost his native character. He cannot, • erefore, be compelled to serve in the French armies in ` l ee he should return to his native country. These princi irwere announced in 1852 by the French Minister of ar, and in two late cases have been confirmed by the F rench judiciary. In these, two natives of France have - en discharged from the Frenc h army bec ause the y had b iome American citizens. To employ the language of :silt present minister to France , who has rendered g ood rvice on this occasion : " I do not think our French na `llralised fellow citizens will hereafter experience mush an 4°Yance on this subject." o _ l venture to predict that the time is not far distant when Z 4 B other continental powers will adopt the same wise and dot policy which has done so much honor to the enlightened government of the Emperor. In any even t, our Govern eat is bound to protect the rights of our naturalised citi „B everywhere, to the same extent as though t he y bad d awn their first breath in this country. We can rec o g nise '° distinction between our native and naturalised citizens. RUSSIA. Between the Great Empire of Russia and the Unit ed sites the mutual friendship and regard which has so long indeed still continues to prevail, and, if possible, to increase. 4 .,,11deed, our relations with that Empire are all that we could SPAIN. tix Our relations with Spain are now of a more compli cated °Ugh less dangerous character, than they have been for 1 1 4 , 1 P_,3' years. Our citizens have long he ld, and continue to These numerous claims aga in s t the S p anish Government. "see had been ably urged for a series of years by our sue 788ive dipl omat i c re presentatives at Madrid , but without 3 „ 414 sining redress. The Spanis h Government finally agreed t oinstitute a joint commission for the adjustment of these and on the sth day of March, 1860, concluded a t . u .onvention for this purpose with our p resent minister at Madrid. Under this convention, what have been deno - kinated "the Cuban claims," amounting to 128,635 d o le. a nd 51 cent s , i n w hi c h more than one hundred of our fellow citizens are interested, were recognised, and the Spanish ternment agreed to pay 100,000 dole. of this amount Within three mo n ths follow ig the exchange of ratifi if The payment of the remaining 28,635 dols. 54 a. was to Wait the decision of the com m issioners for or against " the kmistad claim ;" but in any event the balance was to be Taid to the claimants either by Spain or the United States. hese terms I have every reason to know are highly satis factory to the holders of the Cuban claims. Indeed, they 4 . 4 vs made a formal offer, authorising the State Depa rtment settle these claims, and to deduct the amount of the Arnirdad claim from the sums which they are entitled to teceive from Spain. This offer of course cannot be accepted. All other claims of citizens of the United States against I Pairt, or of subjects of the Queen of Spain against the .;united ~ States, including the "Amistad claim," were by t his convention referred to a board of commissioners in the 118 . 1 18.1 form. Neither the validity of the Amistad claim , nor 0 any other claim against either party, with the single ex- Ption of the Cuban cl aims, was reco g nised b y the convex- Indeed, • 11 the Spanish Government did not in s ist that he validity of the A ms ted claim should be thus recognised, totwithstanding its payment had been recommended to °Tigress by two of my predecessors as well as by myself, Van appropriation for that urpose had assed the Senate of the United States. Theyp were content that it should be 'pbtnitted to the board for ex amination and decision, like t he other claims. Both Governments were bound respec. ci l6l Y to pay the amounts awarded to the several claimants ;2 11 such times and places as may be fixed by and accord :• 'to the tenor of said awards." I transmitted this convention to the Senate for their con. I t lltutional action on the 3d May, 1860, and on the 27th of 40 4 succeeding June, they determined that they would " not ',,„'vise and consent" to its ratification. These proceedings place our relations with Spain in an C t rivard and embarrassing position. It is more than pro ,lle that the final adjustment of these claims will devolve Pon my successor. 1 1 1 reiterate the recommendation contained in my annual "sage of December, 1858, and repeated in that of Decem h: fairlBs9 pu , rchas in fa e. vourl firmly belie of the acquisition of Cuba from Spain o believe that such an acquisition p e . t .il,c l contribute essentially to the well-being and pros th'liY of both countries in all future time, as well as prove certain means of immediate!) , abolishing the African „' s ive trade throughout the world. I would not re t this recommendation upon the present occas ion, p r ktt i believed that the transfer of Cuba to the United c o , Pconditions highly favourable to Spain, batty tarnish the national honour of the proud and E sa :' 'ient Spanish Monarchy. di s u tely no person ever attributed to the first Napoleon a t o t egard of the national honour of France, for transferring. i i oisiana to the United States for a fair equivalent both 1330 TieY and commercial advantages. An STRIA, ite. Wi th t e the rmporor of Austria, and the remaining conti reiatl Powers of Europe, including that of character Sultan, our The continue to be of the most friendly . baeu a t friendly andeaceful policy pursued by the Govern )l4 of the United States towards the Empire of ChinH Tiroduced the most satisfactory results. The treaty of observed of the 18th of June, 1858, has been faithfully th e Bth by by the Chinese authorities. The convention of th e November, 1858, supplementary to this treaty, for eeZiustnaent and satisfaction of the claims of our citi v4 Chiu re f erre d to /ay Amt Azaial Dicostip, of resisting the slow decay of time and of defying the storms of ages. Indeed, well may the jealous patriots of that day have indulged fears that a Government of such high powers might violate the reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to prevent the danger I But they did not fear, nor had they a• y reason to imagine, that the Constitution would ever be so interpreted as to enable any State, by her own act, and without the consent of her sister States, to dis charge her people from all or any of their Federal oblige- ' tions. It may be asked, then, are the people of the states with out redress against the tyranny and oppression of the Federal Government ? By no means. The right of resis tance on the part of the governed against the oppression of their governments cannot be denied.lt exists independently of all constitutions, and has been exercised at all periods of the world's history. Under it old governments have been destroyed, and new ones have taken their place. It is embodied in strong and express language in our own De claration of Independence. But the distinction must ever be observed, that this is revolution against an established Government, and not a voluntary secession from it by virtue of an inherent constitutional right. In short, let us look the danger fairly in the face : Secession is neither more nor less than revolution. It may or may not be justifiable revo lution, but still it is revolution. What, in the meantime, is the responsibility and position of the Executive ? Ho is bound by solemn oath before God and the country " to take care that the laws be faithfully executed," from this obligation he cannot be ab solved by any human power. But what if the performance of this duty, in whole or in part, has been rendered im practicable by events over which he could have exercised no control ? Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All the Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal of South Carolina. In fact, the whole machinery of the Federal Government necessary for the distribution of remedial justice among the people has been demolished ; and it would be difficult, if not im possible, to replace it. The only acts of Congress on the statute-book, bearing upon this subject, are those of the 28th February, 1795, and 3d March, 1807. These authorise the President, after he shall have ascertained that the marshal with his posse cont. mitatas is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the army and navy to aid him in performing this service, hay ing first by proclamation commanded the insurgents " to disperse and retire peaceably t 3 their respective abodes, within a limited time." This duty cannot by possibility be performed in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. The bare enumeration of these provisions proves how in adequate they are without further legislation to overcome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether the present laws can or cannot be amended so as to carry out more effectually the objects of the Constitution. The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be c.llected, as heretofore, at the custom-house inCharleston; and should the collector unfor tunately resign, a successor may be appointed to perform this duty. Then in regard to the property of the United States in South Carolina. This has been purchased for a fair equiva lent, "by the consent of the legislature of the State," " for the erection of forts, magazines, arsenals" &c., and over these authority to exercise exclusive legislation has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force ; but if in this I should prove to be mi-taken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contin gency. the responsibility for consequences would rightfully rest upon the heads of the assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such dis cretion. He possesses no power to change the relations heretofore existing between them, much less to acknow ledge the independence of that State. This would be to invest a mere Executive officer with the power of recognis ing the dissolution of the Confederacy among our 33 sove reign States. It bears no resemblance to the recognition of a foreign de facto government, involving no such responsi bility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Con gress the whole question in all its bearings. The course of events is so rapidly hastening forward that the emergency may soon arise, when you may be called upon to decide the momentous question whether you possess the power, by force of arms, to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject. The question fairly stated is—Has the Constitution dele gated to Congress the power to coerce a State into submis sion which is attemi ting to withdraw or has actually with drawn from the Confederacy ? • If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been dele gated to Congress or to any other department of the Federal Government. It is manifest, upon an inspection of the Con stitution, that this is not among the specific and enumerated powers granted to Congress; and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution. It appears, from the proceedings of that body, that on the 31st May, 1787, the clause " authorising an exertion of the force of the whole against a delinquent State" came up for consideration. Mr. Nladison opposed it in a brief but powerful speech, from which I shall extract but a single sentence, He observes—" The use of force against a State would look more like a declaration of war than an infliction of. punishment ; and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound." Upon his motion the clause was unanimously postponed, and was never I believe again presented. Soon afterwards, on the Bth June, 1787, when incidentally adverting to the subject, he said — " Any Government for the United States, formed on the supposed practicability of using force against the unconstitutional proceedings of the States, would prove as visionary and fallacious as the Government of Congress," evidently meaning the then existing Congress of the old Confederation. - - - - - - Without descending to particulars, it may be safely asserted, that the power to make war against a State is at variance with the whole spirit and intent of the Constitu tion. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards ? Shall we hold it as a province, and govern it by despotic power ? In the nature of things we could not, by physical force, control the will of the people and compel them to elect senators and representatives to Congress, and to perform all the othsr . duties depending upon their own volition, and required fin the free citizens of a free State as a consti tuent member of the Confederacy. But, if we possessed this power, would it be wise to exercise it under existing circumstances ? The object would doubt less be to preserve the union. War would not only present the most effectual means of destroying it; but would banish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliationibetween the States impossible. In the mean time, wbo can foretell what would be the suffering and privation of the people during its existence? The fact is, that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it cannot live in the affections of the people, it must one day perish. Congress posesses many means of preserving it by conciliation; but the sword was not placed in their hand to preserve it by force. But may I be permitted solemnly to invoke my country men to pause and deliberate, before they determine to de stroy this, the grandest temple which has ever been dedi cated to human freedom since the world began ? It has been consecrated by the blood of our fathers, by the glories of the past, and by the hopes of the future. The Union has already made us the most prosperous and, ere long, will, if preserved, render us he most powerful nation on the face of the earth. In every foreign region of the globe the title of American citizen is held in the highest respect, and when pronounced in a foreign land it causes the hearts of our countrymen to swell with honest pride. Surely when we reach the brink of the yawning abyss, we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of free• dom throughout the world would be destroyed, and a long night of laden despotism would enshroud the nations. Our @temple for more than 80 years would not only be lost ; but it would be quoted as a conclusive proof that man is unfit for self-government. It is not every wrong —nay, it is not every grievous wrong—which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, after every other constitutional means o f conciliation had been exhausted. We should reflect that under this free Government there is an incessant ebb and flow in public opinion, The slavery question, like everything human, will have its day. I firmly believe that it has already reached and passed the culminating point. But if, in the midst of the existing excitement, the Union shall perish, the evil may then become irreparable Con gress can contribute mush to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils, which the Constitution has itself provided for its own preservation. This has _ . t It is t o b e f oun d been tried at diffe rent critical p eriods of our history, and always with eminentsuccess, in the sth article providing for s own amendment. Under this article amendments have been proposed by two-thirds of both houses of Congress, and have been' ratified by the legislatures of three-fourths of the several States," and con sequently become parts of the Constitution. To this pro cess the country is indebted for the clause prohibiting Con gress from passing any law respecting an establishment of religion, or abridging the freedom of speech or of the press, or of th e right of petition. To this we are also indebted for the Bill of Rights which secures the people against any abuse of pow er b y t h e F e d era l G ove rnment. Such were the appre . hensions justly entertained by the friends of State-rights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without these amendments. Again, the Constitution was amended by the same pro cess after the election of President Jefferson by the House of Representatives, in February, 1803. This amendment was rendered necessary to rrevent a recurrence of the dangers which had seriously threatened the existence of the Govern ment during the pendency of that election. The article for its ewn amendment was intended to secure the amicable adjustment of conflicting constitutional questions like the present, which might arise between the government# of the States and that of the United States. This appears from contemporaneous history, In this connection, I shall merely call attention to a few justly-celebrated report, in In this he ably add sentences ntcoe the h i e n r s a A t l u a r d e di os; Virginia, conclusively defended the resolution s of the preceding le gislature against the strictures of several other State legis latures. These were mainly founded upon the protest of p a lpable and alarming infra c ti ons o f t h e C on- Virginiathe legislature against the " Ali en an d S e diti on te t 5,,,a8 s titution." In p o i ntin g out the p eacef ul and constitutional remedies, and he refe rred to none other, t o which the States were authorised 'o r esort, on such occasion s , h e concludes by saying, "that the leg islatures of the St ates might have made a direct representa tion to Con g ress with view to obtain the rescinding of the two oifenstre ads, or they might have represented to their respective Senator in Con gress their wish that two-thirds thereof would propose an explanatory amendment to the Constitution, or two-thirds et' thq4seiTee : if attch 4a4 !MU their option, might, by au TEE SUN, LONDON', TUESDAY EVENING, DECEMBER 18, 1860. has been already carried into effect, so far as this was practicable. Under this convention the sum of 500,000 taels, equal to about 700,000 dols., was stipulated to bepaid in satisfac tion of the claims of American citizens, out of the one-fifth of the receipts for tonnage import, and export duties on American vessels at the ports of Canton, Shanghae, and Fuchau; and it was " agreed that this amount shall be in full liquidation of all claims of American citizens at the various ports to this date." Debentures for this amount —to wit: 300,000 taels for Canton,:100,000 for Shanghae, and 100,000 for Fachau—were delivered, according to the terms of the convention, by the respective Chinese collet tors of the customs of these ports to the agent selected by our Minister to receive the same. Since that time the claims of our citizens have been adjusted by the board of commissioners appointed for that purpose under the act of March 3, 1859, and their awards, which proved satisfactory to the claimants, have been approved by our minister. In the aggregate they amount to the sum of 498,694 dols. 78c. The claimants have already received a large proportion of the sums awarded to them out of the fund provided, and it is confidently ex pected that the reminded will ere long be entirely paid. After the awards shall have been satisfied, there will re main a surplus of over 200,000 dols at the disposition of Con gress. As this will in equity belong to the Chinese Go vernment, would not justice require its appropriation to some benevolent abject in which the Chinese may be speci ally interested ? Our minister to China, in obedience to his instructions, has remained perfectly neutral in the war between Great Britain and France and the Chinese empire ; although, in conjunction with the Russian minister, ho was ever ready and willing, had the opportunity offered, to employ his good offices in restoring peace between the parties. It is but an act of simple jistice, both to our present minister and his predecessor, to state, that they have proved fully equal to the delicate, trying, and responsible positions in which they have on different occasions been placed. torial government established by. Congress. A better spirit, Ihowever, seemed soon after to prevail, and the two parties met face to face at the third election, held on the first Monday of January, 1858, for members of the Legislature and State officers under the Lecorapten constitution. The result was the triumph of the anti-slavery party at the polls. The decision of the ballot-box proved clearly that the party were in the majority, and removed the danger of civil war. From that time we have heard little or nothing of the Topeka Government; and all serious danger of revo lutionary troubles in Kansas was then at an end. The Lecompton constitution which had been thus recog • niced at this State election by the votes of both political parties in Kansas, was transmitted to me with the request that I should present it to Congress. This I could not have refused to do without violating my clearest and strongest convictions of duty. The constitu tion, and all the proceedings which preceded and followed its formation, were fair and regular on their taco. I then believed, and experience has proved, that the iaterestsof ' its admission people of Kansas would have been best consulted by admission as a State into the Union, especially as the ma jority, within a brief period, could have amended the con stitution according to their will and pleasure. If fraul existed in all or any of these proceedings, it was not for the President, but for Congress, to investigate and determine the question of fraud, and what ought to be its consequences. If, at the two first elections, the majority refused to vote, it cannot be pretended that *his refusal to exercise the elective franchise could invalidate an elec tion fairly held under lawful authority, even if they had not subsequently voted at the third election. It is true that the whole constitution had not been submitted to the people, as I always desired ; but the precedents are nume rous of the admission of States into the Union without such submission. It would not comport with my present purpose to review the proceedings of Congress upon the Lecompton constitu tion. It is sufficient to observe that their final action has removed the last vestige of serious revolutionary troubles. The desperate band recently assembled, under a notorious outlaw, in the southern portion of the territory, to resist the execution of the laws and to plunder peaceful citizens, will, I doubt not, be speedily subdued and brought to jus tice. Had I treated the Lecompton constitution as a nullity and refused to transmit it to congress, it is not difficult to imagine, whilst recalling the position of the country at that moment, what would have been the disastrous conse quences, both in and out of the territory, from such a dere liction of duty on the part of the Executive. Peace has also been restored within the territory of Utah, which, at the commencement of my Administration, was in a state of open rebellion. This was the more dan gerous, as the people, animated by a fanatical spirit and entrenched within their distant mountain fastnesses, might have made a long and formidable resistance. Cost what it might, it was necessary to bring them into subjection to the Constitution and the laws. Sound policy, therefore, as well humanity required that this object should, if possible, be accomplished without the effusion of blood. This could only be effected by sending a military force into the territory sufficiently strong to con vince the people that resistance would be hopeless, and at the same time to offer them a pardon for past offences on condition of immediate submission to the Government. This policy was pursued with eminent success ; and the only cause for regret is the heavy expenditure required to march a large detachment of the army to that remote region and to furnish it subsistence. Utah is now comparatively peaceful and quiet, and the military force has been with drawn, except that portion of it necessary to keep the Indians in check and to protect the emigrant trains on their way to our Pacific possessions. _ FINANCES. In my first annual Message I promised to employ my best exertions, in co-operation with Congress, to reduce the expenditures of the Government within the limits of a wise and judicious economy. An overflowing treasury had produced habits of prodigality and extrava gance which could only be gradually corrected. The work required both time and patience. I applied my self diligently to this task from the beginning, and was aided by the able and energetic efforts of the Heads of the different Executive Departments. The result of our labours in this good cause did not appear in the sum total of our expenditures for the first two years, mainly in consequence of the extraordinary expenditure necessarily inourre i in the Utah expedition, and the very large amount of the contin gent expenses of Congress during this period. These greatly exceeded the pay and mileage of the members. For the year ending 30th June, 1858, whilst the pay and mileage amounted to 1,490,214 dole, the contingent ex• penses rose to 2,093,309 doll 79c, and for the year ending 30th June, 1859, whilst the pay and mileage amounted to 859,093 dole 66c, the contingent expenses amounted to 1,431,565 dole 78c. lam happy, however, to be able to in form you that during the last fiscal year ending on the 30th of June, 1860, the total expenditures of the Government in all its branches—legislative, executive and judicial—ex clusive of the public debt, were reduced to the sum of 55,402,465 dole 46c. This conclusively appears from the books of the Treasury. In the year ending on the 30th June, 1858, the total expenditure, exclusive of the public debt, amounted to 71,901,129 dole 77c, and that for the year ending 30th June, 1859, to 66,346,226 dole 13c. Whilst the books of the Treasury show an actual expendi ture of 59,848,474 dole 723 for the year ending on the 30th June, 1860, including 1,040,667 dole 71c for the contingent expenses of Congress, there must be deducted from this amount the sum of 4,296,009 dole 26c, with the interest upon it of 150,000 dole, appropriated by the act of 15th February, 1860, "for the purpose of supplying the defi ciency in the revenues and defraying the expenses of the Post. Office Department for the year ending the 30th of June, one thousand eight hundred and fifty•nine." This sum, therefore, justly chargeable to the year 1859 must be deducted from the sum of 59,848,474 dole 72e, in order to ascertain the expenditure for the year end ing June 30, 1860, which leaves a balance for the expendi tures of that year of 55,402065 dole 46c. Thelinterest on the Public debt, including Treasury notes for the same fiscal year ending June 30. 1860, amounted to 3,177,314 dole 62c, which, added to the above sum of 55,402,465d01s 46c, makes the aggregate of 58,579,780 dole 08c. It ought in justice to be observed that several of the es timates from the departments for the year ending June 30, 1860, were reduced by Congress below what was and still is deemed computable with the public interest. Allowing a liberal margin of 2,500,000d01s for this reduction, and for other causes, it may be safely asserted that the sum, of 61,000,000 dole, or at most 62,000,060 dole, is amply sufficient to administer the government, and to pay the interest on the public debt, unless contingent events should hereafter render extraordinary expenditure necessary. This result has been attained in a considerable degree by the care exercised by the appropriate departments inentering into public contracts. I have myself never interfered with the award of any such contract, except in a single ease with the Colonisation Society, deeming it advisable to cast the whole responsibility in each case on the proper head of the department, with the general instruction that the se contracts should always be given to the lowest and. best bidder. It has ever been my opinion that public truntracts are not a legitimate source of patronage to be, conferred 1 upon personal or. political favourites; but the', in all such cases a public officer is bound to act for t l ,ae Government as a prudent individual would act for h;,:,, e ie . AFRICAN SLAVE TE,4: 05, & c. It is with great satisfaction I cor Aruunicate the fact that, since the date of my last annual message, not a single slave has been imported into the United States in violation of the laws prohibiting the Africem slave trade. This statement is founded upon a thorough examination and investigation of the subject. Indeed, the spirit which prevailed some time since among a portion of our fellow -citizens in favour of this trade, seems to have entirely subsided. I also congratulate you . upon the public sentiment which now exists against the crime of setting on foot military ex peditions within the . lP:aits of the Unit e d St a t es, t o procee d from thence and me,Ke war upon the people of unoffending States, with whom we are at peace. In this respect a happy change has ',Jean effected since the commencement o f my Administration. It surely ought to be the prayer of every Christen and patriot, that such expeditions may never again receive countenance in our country or depart from our shores. It would be a useless repetition to do more than refer( with earnest commendation, to my former recommendations in favour of the Pacific railroad—of the grant of power to the President to employ the naval force in the vicinity for the protection of the lives and property of our fellow-citi zens passing in transit over the different Central American routes, against sudden and lawless outbreaks and depreda tions; and also to protect American merchant-vessels, their crews and cargoes, against violent and unlawful seizure and confiscation in the ports of Mexico and the South American republics, when these may be in a disturbed and revolu tionary condition. It is my settled conviction, that with out such a power, we do not afford that protection to those engaged in the commerce of the country which they have a right to demand. ELEOTIO'N OF MEMBERS Or CONGRESS. I again recommend to Congress the passage of a law. in pursuance of the provisions of the Constitution, appointing a certain day previuus to the 4th March, in each year of an odd number, for the election of representatives through out all the States. A similar power has already been exer cised, with general approbation, in the appointment of the same day throughout the Union for holding the election of electors for President and Vice-President of the United States. My attention was earnestly directed to this subject from the fact that the 35th Congress terminated on the 3d March, 1859, without making the necessary appropriation for the service of the Post-office Department. I was then forced to consider the best remedy for this ornission, and an immediate call of the present Congress was the natural resort. Upon inquiry, however, I ascertained that 15 out of the 33 States composing the Confederacy were without repre sentatives, and that, consequently, these 15 States would be disfranchised by such a call. These 15 States will be in the same condition oa the 4th March next. Ten of them cannot eleot representatives, according to existing State laws, until different periods, extending from the beginning of August next until the months of October and November. In my last message I gave warning that, in a time of sudden and alarming danger, the salvation of our institu tions might depend upon the power of the President imme diately to assemble a full Congress to meet the emergency. TARIFF. it is now quits evident that the financial necessities of the Government will require a modification of the tariff during your present session for the purpose of increasing the re venue. lii this aspeet I desire to reiterate the recommenda tion contained in my last two annual messages, in favour of imposing specific instead of ad valorem duties on all im ported articles to which these can be properly applied. From long observation and experience I am convinced that specific duties are necessary, both to protect the revenue and to secure to our manufacturing interests that amount of incidental encouragement which unavoidably results from a revenue tariff. As an abstract proposition it may be admitted that ad valorem duties would, jn theory, be the most just and equal. But if the experience of this and of all other commercial nations has demonstrated that such duties cannot be assessed and collected without great frauds upon the revenue, then it is the part of wisdom to resort to specific duties. Indeed, from the very nature of an ad valorem duty, this must be the result. Under it the inevitable consequence is, that foreign goods will be entered at less than their true value. The treasury will, therefore, lose the duty on the difference between their real and fictitious value, and to this extent we are defrauded. The temptations which ad valorem duties present to a dishonest importer are irresistible. His object is to pP.ss his goods through the custom-house at the very lowest valuation necessary to sate them from confiscation, In this he too often succeeds, in spite of the vigilance of the revenue officers. Hence the resort to false invoices, one for the purchaser a nd another for the custom house, and to other expedients to defraud the Government. The honest importer produces his invoice to the collector, stating the actual price at which he purchased the articles abroad. Not so the dishonest importer and the agent of the foreign manufacturer. And here it may be observed that a very large proportion of the manufactures imported from abroad are consigned for sale to commission merchants who are mere agents employed by the manufacturers. In such cases no actual sale has been made to fix their Value, The foreign manufacturer, if he be dishonest, pre. pares an invoice of the goods, not at their actual value, but at the very lowest rate necessary to escape detection. In this manner the dishonest importer and the foreign manufacturer enjoy a decided advantage over the honest merchant. They are thus enabled to undersell the fair trader, and drive him from the market. In fact, the ope ration of this system has already driven from the pursuits of honourable commerce many of that class of regular and conscientious merchants, whose character, throughout the world, is the pride of our country. The remedy for these evils is to be found in specific du flee, so far as this may be practicable. They dispense with any inquiry at the custom house into the actual cost or value of the article, and it pays the precise amount of duty previously fixed by law. Tney present no temptations to the appraisers of foreign goods, who receive but small sala ries, and might, by undervaluation in a few cases, render themselves independent. Besides, specific duties best conform to the requisition in the Constitution that "no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." Under our ad valorem system such preferences are to some extent inevitable, and complaints have often been made that the spirit of this provision has been violated by a lower appraisement of the same articles at one port than at another. An impression strangely enough prevails to some extent that specific duties aro necessarily protective duties. No thing can be more fallacious. Great Britain glories in free trade, and yet her whole revenue from imports is at the present moment collected under a system of specific duties. It is a striking fact in this connection that, in the commer cial treaty of 23d Jan., 1880, between France and England, one of the articles provides that the ad valorem duties which it imposes shall be converted into specific duties within six months front its date, and these are to be ascertained by making an average of the prices for six months previous to that time. The reverse of the proposition would be nearer to the truth, because a much larger amount of revenue would be collected by merely converting the ad valorem duties of a tariff into equivalent specific duties. To thi s extent the revenue would be increased, and in the same proportion the specific duty might be diminished. Specific duties would secure to the American manufac turer the incidental protection to which he is fairly enti tled under a revenue tariff, and to this surely no person would object. The framers of the existing tariff have gone further, and in a liberal spirit have discriminated in favour of large and useful branches of our manufactures, not by raising the rate of duty upon the importation of similar articles from abroad, but what is the same in effect, by ad • mitting articles free of duty which enter into the compo sition of their fabrics. Under the present system, it has been often truly re marked that this incidental protection decreases when the manufacturer needs it,most, and increases when ha needsit least, and constitutes a sliding scale which always operates against him. The revenues of the country are subject to similar fluctuation. Instead of approaching a steady stan• dard, as would be the case under a system Of specific du ties, they sink and rise with the sinking and rising prices of articles in foreign countries. It would not be difficult for Congress to arrange a system of specific duties which would afford additional stability both to our revenue and our manufactures; and without injury or injustice to any interest of the country. This might be accomplished by ascertaining the average value of any given article for a series of years at the place of exportation, and by simply converting the rate of ad valorem duty upon it which might be deemed necessary for revenue purposes, into the form of a s p ec ifi c d uty. Such an arrangement could not injure the consumer. If he should pay a greater amount of duty one year, this would be coun terbalanced by a lesser amou n t the next, and in the end the aggregate would be the same. I desire to call your immediate attention to the present condition of the Treasury, so ably and clearly presented by the Secretary in his report to Congress ; and to recommend, that measures be promptly adopted, to enable it to diseharge its passing obligations. The other recommendations of the report are well worthy of your favourable consideration. I herewith transmit to Congress the reports of the Secre taries of War, of the Navy, of the Interior and of the Post master-General. The recommendations and suggestions which they contain are highly valuable and deserve your careful attention. The report of the Postmaster-General details the circum stances under Which Cornelius Vanderbilt, on my request, agreed, in the month of July last, to carry the ocean mails between our Atlantic and Pacific coasts. Had he not thus acted, this important inter-communication must have been suspended, at least for a season. The Postmaster-General had no power to make him any other compensation than the postages on the mail matter which he might carry. It was known, at the time, that these postages would fall short of an adequate compensation, as well as of the sum which the same service had previously cost the Government. Mr. Vanderbilt, in a commendable spirit, was willing to rely upon the justice of Congress to make up the deficiency; and I therefore recommend that an appropriation may be granted for that purpose. I should do greakinjustice to the Attorney-General, were I to omit the mention of his distinguished services, in the measures adopted and prosecuted by him for the defence of the Government against numerous and unfounded claims to land in California, purporting to have been made by the Mexican Government previous to the treaty of cession. The successful opposition to these claims have saved to the United States public property worth many millions of dollars, and to individuals holding title under them to at least an equal amount. It has been represented to me from sources-which I deem re liable that the inhabitants in several portions of Kansas have been reduced nearly to a state of starvation, on account of the almost total failure of their crops, whilst the harvests in every other portion of the country have been abundant. The prospect before them for the approaching winter is well calculated to enlist the sympathies of every heart. The destitution appears to be so general that it cannot be re lieved by private contributions, and they are in such indi gent circumstances as to be unable to purchase the necessa ries of life for themselves. I refer the subject to Congress. If any constitutional measure for their relief can be devised, I would recommend its adoption. I cordially commend to your favourable regard the inte rests of the people of this district. They are eminently en titled to your consideration, especially since, unlike the people of the States, they can appeal to no Government except that of the Union. JAMES , BUCHANAN. Washington City, Doconiber 3, 1860. POLICE INTELLZGENCE.—( This Day). • MARLBOROUGH-STREET. ANNOYING LADIES IN AN OMNIBUS.—Edward Middle ton, a broker, residing at 44, Charles-street, Edgeware road, was charged before Mr. Beadon with annoying ladies in one of the London General Omnibus Company's omni buses. Charles Smith, conductor of the omnibus, said, last night tho defendant got into his omnibus at Farringdon-street, and on reaehing Tottenhaia-court-road, some ladies stoppod him and said they could go no further, owing to the defen. dent's misbehaviour, he having been pinching them and pulling them about. He told the defendant to get out of the omnibus, but he refused to do so, and on coming up to Wardour-street, and seeing a constable, he gave defendant into custody. The defendant appeared to have been drink ing. Mr. Isaac Sampson, lithographer, of 40, Star-street, Edg ware-road, who was in the omnibus with two ladies, said a young lady complained that defendant had put his arm round her waist, and another complained that he had put his a. m round her waist and pulled her on his knee. He heard two ladies complain to the conductor. The defen dant had been drinking. He (witness) had two ladies with him, one of whom was annoyed, but she did not like to appear at the court. Mr. 13eadon said it was ridiculous. If parties when they were annoyed would come to the court and complain, he would, if the case were proved, take care to punish severely. Sergeant Gloss, 3 C, who took the charge, said the defendant was not sober. Mr. Beadon having made some severe remarks on the defendant's conduct, and stated that if the ladies had attended to press the charge, he should have fined him said it was clearly the case of a man getting into an omni bus in a state he ought not to have done, and fined him 205., or seven days. TEIS DAY'S MARRETS. HAY MARKETS. SMITHFIELD.—Moadow hay, £2 Os to £5 5s Od ; clover do., £3 Os to £5 106 ; and straw, £1 103 to Al 14s per load. Trade dull. CumnnuLawn.-- Meadow hay, £2 Oa to £5 8s ; clover, £3 Os to £5 15s Od ; and straw, £1 103 to £1 16s per load. A dull trade. WHITECHAPEL.—Meadow hay, £2 Os to £5 5s Od ; clove!, £3 Os to £5 15s Od ; asd straw, £1 lOs to 14e per lead. A. slow trade. COAL MARKET—DEc. 17. (rem of Coal per Ton at the close of the market a. d. I Walls End. Lambert's West Hart- ley l7 3 Byass's Bebside West _ _ d. South Hetton ~..21 0 Russel's Hetton 20 0 Hedley 18 6 Cassel) Hetton .. 2l 0 Harton B R e idde ou l t . . lB 6 Belmont 18 9 Gosforth Braddyll's Hatton 20 0 Eden Main l9 0 Haswell ... 2l 0 Kelloe • • Byron 2l 0 , 249 ; sold, 199. Hartley .17 6 Buddle'sWest Hartley 17 6 Tanfield Moor Butes ..18 0 Hastings Hartley ....17 6 Holywell West Hartley l7 6 JAPAN: The ratifications of the treaty with Japan concluded at Yedo on the 29th July, 1853, were exchanged at Washing ton on the 22d May last, and the treaty itself was pro claimed on the succeeding day. There is good reason to expect that, under its protection and influence, our trade and intercourse with that distant and interesting people will rapidly increase. The ratifications of the treaty were exchanged with unusual solemnity. For this purpose the Tycoon had accredited three of his most distinguished subjects as envoys extraordinary and ministers plenipotentiary, who were received and treated with marked distinction and kindness by the Government and people of the United States. There is every reason to believe that they have returned to their native land entirely satisfied with their visit and in spired by the most friendly feelings for our country. Let us ardently hope, in the language of the treaty itself, that ,4 there shall henceforward be perpetual peace and friend ship between the United States of America and his Majesty the Tycoon of Japan and his successors." BRAZIL. With the wise, conservative, and liberal government of the Empire of Brazil our relations continue to be of the most amicable character. NEW GRANADA. The exchange of the ratifications of the convention with the republic of New Granada, signed at Washington on the 10th Sept. 1857, has been long delayed from accidental causes, for which neither party is censurable. These rati fications were duly exchanged in this city on the sth of Nov. last. Thui4 has a controversy been amicably termi nated which had become so serious at the period of my in auguration, as to require me, on the 17th April, 1857, to direct our Minister to demand his passports and return to the United States. Under this convention the Government of New Grainda has specially acknowledged itself to be responsible to our citizans "for damages which were caused by the riot at Panama on the 15th April, 1856. These claims, together with other claims of our citizens which had been long urged in vain, are referred for adjustment to a board of commis sioners. I submit a copy of the convention to Congress, and recommend the legislation necessary to carry it into effect. COSTA RICA AND NICARAGUA. Persevering efforts have been made for the adjustment of the claims of American citizens against the Government of Costa Rica, and I am happy to inform you that these have finally prevailed. A convention was signed at the city of San Jo , e, on the 2d of July last, between the Mini ster resident of the United States in Costa Rica and the Plenipotentiaries of that Republic, referring these claims to a board of Commissioners, and providing for the payment of their awards. This convention will be submitted imme diately to the Senate for their constitutional action. The claims of our citizens upon the republic of Nica ragua have not yet been provided for by treaty, although diligent efforts for this purpose have been made by our Minister resident to that Republic. These are still con• Untied, with a fair prospect of success. MEXICO. Our relations with Mexico remain in a most unsatis factory condition. In my last two annual messasges, I discussed extensively the subject of these relations, and do not now propose to repeat at length the facts and argu ments then presented. They proved conclusively that our citizens residing in Mexico, and our merchants trading thereto, had suffered a series of wrongs and outrages such as we have never patiently borne from any other nation. For these our successive Ministers, invoking the faith of treaties, had, in the name of their country, persistently demanded redress and indemnification, but without the slightest effect. Indeed, so confident had the Mexican authorities become of our patient endurance, that they universally believed they might commit these outrages upon American citizens with absolute impunity. Thus wrote our Minister in 1856, and expressed the opinion that " nothing but a manifestation of the power of the Govern ment, and of its purpose to punish these wrongs, will avail." Afterwards, in 1857, came the adoption of a new con stitution for Mexico, the election of a President and Con gress under its provisions, and the inauguration of the President. Within one short month, however, this Presi dent was expelled from the :capital by a rebellion in the army, and the supreme pGwer of the republic was assigned to General :Zuloaga. This usurper was in his turn soon compelled to retire and give place to General Miramon. Under the constitution which had thus been adopted, Senor Juarez, as chief justice of the Supreme Court, became the lawful President of the Republic ; and it was for the maintenance of the constitution and his authority derived from it that the civil war commenced, and still continues to be prosecuted. Throughout the year 1858 the constitutional party grew stronger and stronger. In the previous history of Mexico a successful military revolution at the capital had almost universally been the signal for submission throughout the republic. Not so on the present occasion. A majority of the citizens persistently sustained the con stitutional government. When this was recognised in April, 1859, by the Government of the United States, its authority extended over a large majority of the Mexican States and people, including Vera Cruz, and all the other important seaports of the republic. From that period our commerce with Mexico began to revive, and the constitu tional government has afforded it all the_protection in their power. Meanwhile the government of Miramon still held sway at the capital and over the surrounding country, and con • tinued its outrages against the few American citizens who still had the courage to remain within its power. To cap the climax : after the battle of Tacubaya, in April, 1869, General Marquez ordered three citizens of the United States, two of them physicians, to be seized in the hospital at that ,place taken out and shot, without crime and without trial. This was done, notwithstanding our unfortunate coun trymen were at the moment engaged in the holy cause of affording relief to the soldiers of both parties who had been wounded in the battle, without making any distinction be tween them. The time had arrived, in my opinion, when this Govern ment was bound to exert its power to avenge and redress the wrongs of our citizens, and to afford them protection in Mexico. The interposing obstacle was that the portion of the country under the sway ef Miramon could not be reached without passing over territory under the jurisdiction of the constitutional Government. Under these circumstances, I deemed it my duty to,-re commend to Congress, in my last annual message, the em ployment of a sufficient military force to penetrate into the interior, where the Government of Miramon was to be found, with, or, if need be, without the consent of the Juarez Government, though it was not doubted that this consent could be obtained. Never have I had a clearer conviction on any subject than of the justice as well as wis dom of such a policy. No other alternative was left, except the entire abandon ment of our fellow-citizenswho had gone to Mexico, under the faith of treaties, to the systematic injustice, cruelty, and oppression of Miraulon's Government. Besides, it is almost certain that the simple authority to employ this force, would of itself have accomplished all our objects without striking a single blow. The constitutional Government would they, ere this have been established at the City of Mexico. and would have been ready and willing, to the exter..l of its ability, to do justice. In addition—and I deem this a most important consi deration—European Governments would have been de prived of all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus have been relieved from the obligation of resisting, even by force, should this become necessary, any attempt by these governments to deprive our neighbouring republic of por tions of her territory; a duty frOrn which we could not shrink without abandoning the territorial and established policy of the American people. I am happy to observe that, firmly relying upon the justice and good taith of these governments, there is no present danger that such a c ,n -tingency will happen. Having discovered that my recommendations would not be sustained by Congress, the next alternative was to ac complish, in some degree, if possible, the same objects by treaty stipulations with the constitutional government. Such treaties were accordingly concluded by our late able and excellent Minister to Mexico, and on the 4th January last were submitted to the Senate for ratification. As these have not yet received the final action of that body, it would be improper for me to present a detailed statement of their provisions. Still I may be permitted to express the opinion in ad vanoe that they are calculated to promote the agricultural, manufacturing, and commercial interests of the country, and to secure our just influence with an adjoining republic as to whose tortunes and fate we can never feel indifferent ; whilst at the same time they provide for the payment of a considerable amount towards the satisfaction of the claims of our injured fellow-citizens. KANSAS AND UTAH. At the period of my inauguration I was confronted in Kansas by a revolutionary government, existing under what is called the Topeka consfitution. Its' avowed object was to subdue the territorial government by force, and to inaugurate what was called the Topeka government in its stead, To accomplish this object an extensive military organisation was formed, and its command entrusted to the most violent revolutionary leaders. Under these circumstances, it became my imperative duty to exert the whole constitutional Dower of the Execu tive to prevent the flames of civil war from again ragingsn Kansas, which, in the excited state of the public mind, both North and South, might have extended into the neighbouring States. The hostile parties in Kansas had been inflamed against each other by emissaries both from the North and the South, to a degree of malignity without parallel in our history, To prevent actual collision, and to assist thelcivil magistrates in enforcing the laws, a strong detachment of the army was stationed in the territory, ready to aid the marshals and his deputies, when lawfully called upon, as a posse comitatus in the execution of civil and criminal pro cess. Still, the troubles in Kansas could not have been perma nently settled without an election by the people. The ballot box i c s o nt icti o r n e setvaerrbyi t p e r r o o p f e disputes w a a m s on freemen. g employed t Under o induce a,tanthdeafetel%iarandsofthdee election legates toto a itv s uo s tt h ieo o ll uld be a slave or a free State. refused to vote at either, lest this decidemightftrhaTemhh e ts b w i ht ne i helsecueSotruhtPgasatirrneat insurgent g r o pe danantsrost t irecognition on their part of OP tern-1 Walls End. South Hartlepool 15 6 North Hartlepool ll 6 Hartlepool... 2O 9 Heugh Hall 21 0 Ships at market, THE REV. MR. HATCH.—The usual preliminary notice for an action at law for damages has been served, on the part of the Rev. Mr. Hatch, on the solicitors who were entrusted with his defence in a recent trial at the Central Criminal Court, in which he was convicted of a criminal assault, and sentenced to four year's penal servitude. The rev, gentleman founds his complaint on the fact of the legal fine in question refraining from producing for exami nation certain witnesses, previously subpomed, whose evi dence, he maintains, would have disproved the charges for which he suffered imprisonment, and now entail on him the loss of character and reputation. A BOY HANGED BY ACCIDENT,—An accident of a very painful nature occurred at Nottingham on Friday afternoon, the 14th instant, by which a youth named John Wood met his death. The deceased was about 14 years of age, and was in the employ of Mr. S. Parr, druggist, as an errand boy. He had been in the habit of amusing himself at meal times with a rope which hung from the ceiling in a back room on his master's premises, and on the afternoon in question, being absent from work rather longer than usual a search was made for him. In a short time the body of the unfortunate boy was found suspended by the neck in the room above mentioned ; and it seems, from the position in which it was discovered, that instead of swinging by his hands the deceased bad tried to swing On his chin, when, by a sudden twist of the rope, his neck became tightly secured. The body was immediately cutdown, and although it was quite warm and every possible rasa as were used to restore animation, Ws in a few momenta was extinct. ?BE XEW ZEALAND WAR. FROM A CORRESPONDENT OF THE TIMES. 111 ELBOURNE,0CT, 25. The latest intelligence from Taranaki is far from satisfactory. There has, indeed, been a slight suc cess on the part of the forces under Gen. Pratt, but nothing decisive, so as to change the aspect of the war, or to eradicate the contempt which the natives have conceived for the Queen's troops, The news is up to the 12th of this month. On the previous day a detachment of the troops had taken three smalls palls in succession. Not a man was killed on our side, but several were wounded, and I among them Capt. Pasley, of the Royal Engineers, severely, but not dangerously, in the thig:i. Capt. Pasley came out to this colony a few years ago to fill the then newly-created office of Government Engineer. This office he resigned early in the pre sent year, and was about to return to headquarters. Woolwich, when the war in New Zealand assumed so serious an aspect as to demand the immediate presence of General Pratt. Capt. Pasley at once volunteered to service in New Zealand, and accom panied the general in July last. He has since done good service. It is reported that the natives have suffered considerably on this last occasion from the artillery. General Pratt was making preparations to follow up this success by an attack on the Wairia pah, about 17 miles south of New Plymouth, and had ordered a supply of provisions for the troops sufficient foe 10 days. This looks like more vigour than has hitherto marked the general's proceedings. Indeed, he has had his own way in removing the only two serious difficulties that beset his path. 1. He has received carte blanche from the Governor, who has waived the Downing street regulations in the general's favour. He has forcibly removed the women and children. For this he has been much censured by the local press; but, as far as I can see, it was a necessary measure. At all events, the two points gained placed the general in this position,—the whole responsibility now rests with him. Ho cannot now say,—" If I had not been fettered by instructions' and crippled by impedimenta I could have done so and so." He is now expected to restore the prestige of the Queen's troops, of which former commanders had allowed them to be shorn. It is said that the bulk of Wirimu Kingi's fol [owers—i. e. all but his own people—have retired their kainga (homesteads) to plant potatoes. This is quite consistent with the native practice of war. Potatoes are planted by the natives till the rata comes into blossom, about the 17th of Decem- ber. After that we may expect the war to recom mence with vigour. This is very disadvantageous to our troops, unless in the meantime Kingi should be successfully dealt with. Unless the whole native population were armed against us, we can not treat those peaceful potato planters as our foes. The instant the Maori puts aside his gun, and takes up the spade or his grubbinghoe, he becomes a non-belligerent, and cannot be identified as a ci decant foe. After his work is done be may come down upon our troops without warning, and his first attack is likely to be a success. But there is a far greater danger than this, and one which is far from improbable. There can be no doubt that the native mind is disturbed through out the northern island, and the absence of any decided success on the part of our forces has gene rated an opinion that Kingi is a match, and even more than a match, for the troops. The Maori king party among the Waikattos, are watching this contest, in order to turn it to their own advan tage, on a favourable opportunity presenting itself. It was hoped that on the death of Te Whero-Whero (Potatan) the king movement would die out. This, however, has not been the case. The Waikattos have chosen his son under the name of Potatan 11. At the date of the latest intelligence a body of Waikattos, at least 400 Strong (some accounts say 800) was moving southward to joi❑ Kingi. Some small parties of 20 or 30 of Kingi's connections near 'Wellington were also on the move t.-) join him. In the Wairarapa-valley, to the eastward of Wellington, the natives are discussing the policy of an attack on the settlers in that valley in December or January—this is after the planting season is over. The natives of Auriri, or Hawkes bay on the east coast north of Wairurapa, openly declare that they intend an attack about the same time. I learn these facts from a private letter on which I can rely. Whether these threats will be carried into execution or not will depend mainly on the success or failure of Kingi, at Taranaki. The arriTal of the 14th Regiment early in December may influence the native mind to some extent, bit nothing will do so effectually except some signal success on the part of Gen. Pratt, and if this be done with the force now at Taranaki—which far outnumbers the natives—l feel pretty certain that it will confine the character of the war to what it is at present, and prevent it from becoming gene ral. The natives are as readily depressed by a reverse as they are elated by success. If by any decisive success of the Minds at Taranaki the war should become general, a simultaneous attack upon Wairarapa and Auriri, besides being most disas trous to the settlers there, would seriously embar rass the commander of the troops. Auckland itself I is not without alarms on the same score, and even Wellington, though the natives there seem as friendly as ever, might be involved in a similar dis aster, inasmuch as it is quite impossible to predict how they might be influenced by simultaneous at tacks in other places. It should be observed that all these threatenings and rumours point at one and the same time—December, and that is the time for renewing or commencing hostilities according to native custom. If these threatened attacks should take place, any considerable, though not universal, success, would be seized upon by the Maori king party to take decided parts, and Pototan 11. is not a worn-out of chief, like his predecessor, but a man in the vigour of manhood. At present he appears well disposed towards the settlers. He holds the language of peace ; but the events which I have alluded to as quite possible, and even probable, would undoubt edly change his policy; for he would be quite unable, even if he were so disposed, to stem the tide of Maori opinion. In the moment of elation Wirimu Kingi gave out that he should first beat the soldiers, then the fighting men among the Pakshas (Militia and Volunteers), and then the settlers. This is the account given by the natives of Wararepa and Hawkes-bay. No doubt this at present is mere boast, boasting being a native habit. - Whether it will ripen into action will, I again repeat, depend on General Pratt's success or failure. If, in consequence of the events of the next two months, the threatened attacks do not take place during the two summer months, I do not think the war will afterwards extend beyond Taranaki. In a balanced state of things the arrival of the 14th will turn the scale. After that, even with fluctuating successes, now on One side, now on the other, I shall expect the war to linger, and then die out. I do not believe the Maoris can sustain the war for any great length of time. All their plant in g of potatoes " till the rata flowers" will not produce that supply of food which a period of peace secures. I believe that their defective commissariat will beat them in the end. I should rely o n this, even should the threatened attacks of December actually take place. But what consolation will the distresses and war diseases of these deluded people—deluded by their own erroneous estimates of our power, or rather of our weakness—afford, if in the meantime they can reproduce the fri g htful sufferings of the Taranaki settlers in two or three other localities ? Let it not be lost sight of for one moment that the European population of N, w Zealand and their representatives have no voice whatever in the management of native affairs. It has been the theory of the Colonial-office that the settlers, or rather their representAives, would, by their dif ferences with the natives, ?lave repeatedly forced the Government into wars. My own impression is that if native management had besn confided to the local Governments and Legislature their strong in terest in peace would have found means to preserve peace. It is said that the Governor, in a ll these h . as recent proceedings ,which led t o the wars, taken the advice of his Mini sters." tallied with his policy, and so he adopted The advice it. Would he have done so if the advice had been contrary to his views or his instructions ? or if the Governor had not acted on their advice would his Ministers have felt bound to resign ? Considering the rela tor. of Ministers to the Governor on "native management," they were a parcel of geese to give any advice at all. The sole responsibility is the Governor's, his. Ministers ought not to have im paired or Weakened it. The Bishop of Wellington (Dr. Abraham) and Archdeacon Iladfbdd, tog, seem to me to hare com mitted a great blunder in the protest which I en close. I believe they are quite right in their view that the war is unjust in its origin. I have already explained this at length. Indulge me in a few words of recapitulation. It' the Governor had adhered to his old (and I think wise) rule, to deal only with tribal—quasi national—rights, King,i, es the superior Chief, was the person to deal with. As, however, he departed from that rule, and dealt with an individual claimant, Teira, or Taylor, Kingi, a larger claimant, should also have been dealt with. This is the Governor's dilemma. The native secretary's explanations and defence was this—Teira offered his land, others offered theirs. Kingi was present. Teira threw down his parawai (mat) on the ground, and Kingi did not take it up (according to the native mode of expressing, dissent). lie only said, "The land shall not go." Was this not notice of a disputed claim ? and the Governor admits in a printed letter of Mr. Bell that he did declare he would not purchase any lands respecting which there was a disputed claim. I say, t h ere.. fore, that I agree with these ecclesiastical person ages thus far, but no further. They assume that be.. cause the Governor is wrong, therefore the natives are right ; right in raising the standard of rebellion in a disputed claim to 600 acres of land ; right in tomahawking half a dozen innocent settlers, in cluding two children ; - right in burning and laying waste the settlers' homesteads and farms in ground where there is no disputed title. "Treat these natives," says the Bishop and Archdeacon, " as you would Englishmen." Granted. But how would. Englishmen be treated—how would they deserve to be treated—if they armed their retainers because the Government had wronged them about a small landed estate ? The Wellington representatives in the Assembly who carried to Auckland the remon strance of the Nga-te-awa chiefs avoided this error. They told the Governor that he hat committed a grievous error, the more grievous as it compelled the Queen to carry on an unjust war, "for the war must be carried on so long as the natives retain their hostile posture." If anything will bring '\Virimu Kingi to his senses it will be the speech of Mr. Superintendent Featherston in the Auckland Assembly. It breathes a manly sympathy to the natives, and yet told them they could not be listened to with arms in their hands. In the Assembly there seems to be three parties —or more properly speaking three distinct opinions —as to the war :-1. Those who support the Go vernor's views as to the justice of the war. 2. Those who think the cause of war unjust, and yet that so long as the natives keep a hostile front the war must be carried on ; and 3, those who think that the war being unjust it should be abandoned. The last have scarcely a voice in the Assembly, and are only represented by ecclesiastical persons, as above named. The war party is therefore very numerous, the peace at any price party very small. Those of the war party who deem the quarrel unjust have no doubt a very strong leaning towards peace, and would promote it on any honourable or safe terms. The extreme war party consists chiefly of the Canterbury and Nelson representatives and the Ministry. With these military expenditure and the demands of the commissariat have no doubt something to do. The Ministry seem, judging by their speeches, to have made up their minds long ago that war was inevitable, and they seized this paltry dispute about 600 acres of land to precipitate it. It is to be regretted they did not wait for a more just issue. The people here have been liberally contributing to the fund for the relief of the Taranaki sufferers. Meetings have been held in the municipalities around Melbourne, and committees have been formed to collect funds. So also in Geelong. In one loca lity, Richmond, the frugal people contented them selves with passing a resolution, " That the Govern ment ought, bey.," and they have since waited on the Chief Secretary with their resolution. ALARMING COLL ISION ON THE' MIDLAND RAILWAY. A collision of a most alarming character occurred on Saturday, near the Swinton Station, about midway between Sheffield and Doncaster. The trains which came into collision were the fast pas senger train which leaves Leeds at 12 30, and should pass Swinton about 1 30 p.m, and the ordi nary train from Doncaster to Sheffield, due at Swinton about 140 p.m. The Doncaster branch joins the main line about 200 yards of Swinton Station, and, though the point of junction is within a few yards of a bridge crossing the Dearne and Dove Canal, the angle of land intervening between the two lines, for some short distance, is so elevated as to conceal a train on the one line from the driver or passengers of a train on the other, until the two trains are within a few yards of each other. The prevention of collisions at the junction is, therefore, entirely dependent on due attention being paid to the signals. On Saturday the Leeds train was a little behind its time, and reached the junction at the same moment as the Don caster train. The former, which does not stop at S winton, was travelling at full speed, but the latter was slackening its pace. The engine of the Leeds train had no sooner crossed the points of junction than the Doncaster train ran full against it, smash ing off the greater part of the iron framework at the side, and violently shaking the passengers of both trains, the carriages of which were dashed sideways against each other. The Leeds train, frcm the supe riority of its speed, maintained its position on she line, and did not come to a stand until it had reached the station. The engine of the Doncaster train was driven off the rails and ran against the parapet of the canal bridge, dashing down the stonework and rolling down the embankment to the edge of the canal, along with the tender. Next to the tender was a truck of pigs, but the coupling chains snapping, the truck and also the carriages were fortunately brought to a stand on the edge of the embankment. Some of the pigs werekilled, and others had their legs broken. The passengers were all severely shaken, and several of them were much bruised ; but, so far as is at present known, none cf them were dangerously injured. Two of those most injured were Mr. Parker of Sheffield, maltster, and a working man, both of whom will probably be confined to bed for some days. The passengers in the Leeds train were severely shaken, many of them being thrown violently together and se verely bruised about the head and elsewhere. their jour ney. e •Most of them were, however, able to pu rsue t Among the passengers in the Doncaster and n oneor train was Mr. Mappin, brewe r, months ago, on the occasion the collision near Sheffield,in of the same 14 train ether gentlemen, who were uninjured. Sh( ffield which caused the death of Alderman Maw, th t e he inj of Doncaster. On this occasion, as previously, th ey spot and ren dered passen were fortunate enough to escape almost uninj Mr. Porter and Mr. Arden, of Sheffield, a n d two to on locel allsurgeons possible were s istapromptlyassistance The Doncaster engine and the gers. cattle truck were much broken and several other ' • carriages in that train were a good deal damaged. The sides of one of the first carriages in the Leeds . train was completely knocked out, and the iron steps, handles, windows, Sze. on one side of nearly all the carriages in both trains were broken. The Leeds engine and carriages were, however, in ffi g ood condi tioner, in su ciently to convey tht passengers of both trains to Masbrough. The driver and stoker of the Doncaster train, immediately on perceiving the danger re versed their engines and jumped off, escaping with• out any injuries beyond a few slight bruises. The driver an d stoker of the Leeds train retained their posts, and also escaped uninjured. The collision occurred in this way : at the junc tion of the Doncaster branch with the main line there is only one signal post, the signals being used for the trains on both lines. About 100 yards on the Doncaster branch, however, is fixed what is called a back signal, used , in Leeds an . oncaster trains chanced to whistle in token of their approach. almost at the same moment ; and the pointsman lowered the main signal as an indication to the Leeds t r ain to pi oceed, but did not lower the back signal for the Doncaster train. Robert Bannister, the driver of the Doncaster train, however, seeing the main signal lowered immediately he wlnistled, supposed that it was intended as an intimation to h i m to proceed, though the back signal a till re mained at danger. He accordingly continued at the speed usual at that point until he cama3 within s ight of the Leeds train, when he instantly reversed his engine. It was, however, too late to, prevent the collision. It is considered possible th at a col lision might have been avoided had the n ails been perfectly dry, but they were wet and slippery. Bannister is a very experienced driver. 7 rho Don caster engine in striking the end of the T 'arapet of the bridge moved the whole length of maw onry from its position, and it is probably owing to i • its coming in contact with the parapet, which instant 1 y arrested it, that the carriages were not dragged , down the embankment. I t P. • ■