The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-29

Col. Benton commenced his address by refe-
to his late speech at Jefferson city, declaring
qualified, and IT anything in the present speech
should be understood as varying from that in any
particular, 1t would be q mistake. He meant now
tospeak on different part of the subJect to speak
OF his appeal to the people, and to vindlcate his
right and their rights in making it. The appeal
was more in favor of their rights than his. They
jurisdiction of the case. The members of the Ge-
neral Assembly and the senators and representatives
IN Congress were all. the agents OF the people, and
the people had authority over them all and especially
when there was any question between them as
TO the manner OF doing the peoples business.
His appeal was to the people on the question of
their own will; 1t was to the whole people, for the
| instructions TO hun were In the name OF the whole.
They were not party instructions, but State in
structions. They were In the name of the State,
and 10 the State only could the question Of their
correctness be directed.
Mr. Benton, made nine points or propositions as
reasons why the appeal should be sustained, speak
ing to each fully, IN an address of two hours:
list. The instructions were in conflict with
structlons given by the previous General Assem-
bly,, and complied with by him.
I'd. The second objection that these resou-
tons did not emanate from any known will or de-
sire OF the people; but, as subsequent attempts
made TO- support them show, were contrary to
| their will.
3D. The third point taken by Mr. Benton, was
that the instructions were unconstitutional, and,
| therefore, of no force because no instructions
=, can enforce violation of the constitution. This
|
taken the ground of refusal to obey, but merely
appealed to the people to say whether he should
obey He was ready to quit his place if they sane
| toned them, for he had too much self respect to
retain his place 1t he disagreed with his titu-
| ents
4th. The instructions denied the power of Con-
gress to legIsate on the subject of slavery in terri
tones, because slaves were not named in that con-
| nection IN the constitution. This was the parcu-
lar part TO which the former objection of unconsti-
nationality was made. He said the same reason
would deprive Congress OF all jurisdiction in terri
tories over persons and property, as neither white
men nor any KIND OF property were mentioned in
| it IN that connection.
5th.sTbe fifth objection to the instructions is that
they end to promote dissensiOns betw theState,
| and dlsunOe, upon unfOunded and erroneous views
OF fuct and law. This is found in the assertion of
and the insult conceived to the slave States by the
restriction of that right; The word disunion is
used in them as remedy for the supposed insult,
| which is no insult.
9Th. These resolutions bound the State to CO.
| operate with other States in the event of civil
war. He showed this by the fifth resolution And
denied the right of the legislature to make such
pledge,
7lh. Pledging the State to combination to re-
| slst, overawe and control the constituted authori-
ties, was another Objection 1t was destructive to
| government, and to the democratic principle that
the majority should govern.
9Th: The resolutions were dlgested from those
of Calhoun, offered In the Senate two years before.
9th. These resolutions were not passed for the
bona fde purpose of instructing him at Washing
ton, but for the purpose OF attacking him at home
Facts and dates prove this. They were passed on
the IN March, and Congress had adjourned on
The Senator then took view of the state of
things IN Carolina and Virginia, and expressed the
wish that Missouri should ,disengage herself from
her false position as speedily possible. Having
indicated his appeal, he passed to the subject Of
the Pacific railroad.
LATER FROM BUENos AYREs.-MoRE FOREIGNERS
FOR CAI.lNoRNIA-The brig Eliza Taylor, Captain
Ehldrdge req Busnos Ayres May 6h arriyed at
Dictator Rosas and the French, had yet been ac-
complished: Merchants here, however, are still
confident that matters will be amicably adjusted,
and are strengthened in this conviction by the fact
announced in the British Packet of April 25h that
the daughter Of Rosas gave party at which the
French Admiral was present, which shows degree
OF corGlity not heretofore supposed to exist. 1t is
thought at Buenos Ayres that Rosas will insist on
| an indemnity tor the destruction of his fleet before
| he settles the matter.
AT Buenos Ayres produce was scarce and high,
and freIghts very much depressed. There was a
very large number OF ferelgn vessels in port,
of which had been there five or six months wait
ing for freight Several Hamburg and Bremen
vessels which could not go home on account of
the Danish blockade had taken hides on freight
| TO the United States as low as fve-e,ghts Of
cent per pound. Capt. Eldridge says that he laid
Many of the English, Portuguese, and other
Europeans, at Buenos Ayres, were leaving for Ca
llfornla, but the fever had not spread much among
| the natives: Quite number had crossed the
| country to Valparaiso, among them the agent Of
Dr. Brandreth, OF pill notoriety, who arrived at
Buenos Ayres in the ship B. Aymar. Captain Ell
dndge states that the expense. by this overland
route is email ($25 or $500, but in consequence of
the mountainous state otshe country, it is very fa-
| tigulng At this time the route is impossible, on
account OF the cold and ice in the mountains.
| The American brig Segune, Captain Norton,
was to sail the day after the Eliza Taylor for Cali
| fornia. She had about sixty passengers engaged,
principally English and Portuguese. The brig Hy-
der ALI was to sail about the LIST of June, She had
had been chartered for California by a person
named Fides, formerly Consul at Maldonado.
DR.. Tewksbury, of Maine, for some time a
resident at Buenos Ayres had given up good ST.
uation there, and was about to embark with his
family for the gold region
Since the arrival Of the Boston and New York
foinia,. no vessels bound there had touched at
either Montevideo or Buenos Ayres. Captain Ell
bridge, when short time cut of Buenos Ayres,
saw number of ships and barks with passengers
on beard, probably Caifornians, but was not near
enough to speak them-Boston Traveller, June n.
MURDER DoUBTED.-It is stated IN the Victoria
| Adrceafe, on the authority of letter dated San
Fernando, April 18th, that the rumor Of the muir
| der OF Capt Veach and his party is confirmed It
| Is said that the party was surrounded by band
| of Indians numbering 500, and after desperate
battle, In which 100 savages were slain, the Amerl-
cans were oveIowered and all slain but one
man. This differs from the first report, in which
1t was stated that MAJOR Barry's partv, which sepa-
rated from Capt. Veach's 10 go by the route to
Mazallan, was cut off by the Indians If the ac-
count were true, it appeaps to us that the news
would have been published long since in the Mata-
molas or Brownsville papers. The story that 100
Indians out of 200 were sain seems also quite in
credible, for the Indians will scarcely ever con-
tinue fight after even one-twenteth OF their num-
| Der have fallen. The story possibly originated
| from The attack OF the Indians on Hacienda below
| Laredo in which an American woman was cap
rured, and carried off by the savages about the
| time that this report was started on the Rio
! Characterization (1tras) Telegraph, June II.
The Charleston Is. c. Mercury, of the 18th
inst, speaking of the report of the MURDER says:
i A oLaL