Rising Sun Times, Volume 3, Number 132, Rising Sun, Ohio County, 21 May 1836 — Page 2

CO . tilt ESS. fx Senate. April 30. Mr. White offered the following preamble and resolution; which, lies one day in consideration: herea. on the 2Sth day of March, 1 03l, the United States adopted a resolution in the word following, to wit: -itWrc, Thai tl-.e President, in tht; late executive proceedings in relation to the public revenue, has assumed upon !i;tri-r!t" authority and power not contorted bv tlx? Constilulionand laws, '.Hit in derogation of hot!.'' And whereas upon li e question

whrthrr said rtsolation should be a-

dopted, it was decided by one-tifih of ! Mr. Smithson confer it? the Senators present, t'hat the samej If we had a right to receive and npshould he taken by vea and nays; and j propriate a legacy for the purpose men the vote of the several members t.ow j tioned in this will, then Congress could

stand rerorde Senate: d oa t'ae journal of the i And whereas the said resolution still tern tin on the journal of the Senate in full force, not rescinded, re ersed, repealed, or annulled; and cannot now be expunged, cancelled, or in any way obliterated or defaced without violating thai clui'O of the Constitution of the United States which is in the follow ing word-, to wit: 'F.arlt House shall keep a journal of its proceedings, and fronr time to lime to publish the same,;

excepting such pai t as in iheir judge- j as 'parens patriae' of this district. In ment require secrecy; and the yeas j so doing, it avoids the real question, and nays of either House on any que-; and misconceives the facts: This l)istion shall, at the desire of one. fifth of j tricl was divided into corporations; those present, he entered on Ihc jour- and if the lecacv had been willed to

i, rial.

And whereas the Senator, betorc ta-j tress undoubtedly could execute its ofking his seat, was hound to take and j tice of trustee, and direct and coltrol did take an oath to support said Consti-jthe application of the charity. But

tution And xv he re as the President of the

United State, in the I tie executive j led trusteestiot for Washington.Gcorgeproceedings in relation to the public j tow n, or Alexandria, but" for all manrevenne alluded lo in said resolution, j kind. The worlJ w as ihe cestui yu. did not, in ihe opinion cf the Senate.' trust.

assume upon himsclt authority and powers not conferred upon him by the Constitution and I uvs: Therefore, it is V.m;y, That the siid resolutions and the opinion therein expressed be. and the same hereby, are, rescinded, reversed, and annulled, and it is hereby dechrcd tint the said rcsdition ought not to h. considered as having had, or as now or hereafter having, any force or edict w hatever. Oa nution of Mr. Preston, the Senate took up for consideration, the following joint resolution: Ltsohcl hy J,'e Scnatr end JI,tc of Ixcprcscnlalivcs rj the I mini .;,Urs of America in Cu:irest cssnr.hlcl, That the President he, and is hereby authorized to constitute and appoint an agent or agents, to assert and prosecute, for and in behalf of the United States, and in their name or otherw ise, as thev shall be advised, in the court of chancery or other proper tribunal of F.ngland.thc claim of ttic United States to the legacy bequeathed to them by ihe lasl w ill and testament of .Mr. J ames Smithsc.n. late of London, deceased, for the purpose of founding at Washington, under Ihe name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men; and to empower such agent or agents so appointed to receive and grant acquitances for all such sum or sums of moncv, or other funds, as may or shall be decreed or adjudged lothe United Slates, for or on account of the said legacy. And to the end that the said claim may be prosecuted with effect, and the necessary expenses in prosecuting the same defrayed, the President he, and he is hereby authorized lo appoint to that purpose any sum, not exceeding live thousand dollais, out of any money in the Treasury not otherw ise appropriated. And ihe faith of the Government of the United States is hereby pledged, that any and all sums of money which shall be received for or on account of the said legacy shall be applied to the purpose of founding and endowing at Washington, under the name of the Smithsonian Institution, an establish ment for the increase and diffusion of know ledge among men. A legal discussion took place on the resolution, which was participated in by Mr. Preston, Mr. Leih, Mr. ( avion. Mr. Calhoun. Mr. Southard, Mr. Buchanan. -Mr. Davis and Mr. Waker. The deb.tte.to which this resolution gave rise, occupied nearly the whole day's silling. It was contended, on the one hand, that it w not competent to this Gov ernmcnl, neither va it expedient and proper, thai il should appeal as a suitor in an English Court of Chancery to .-.sscit its title to ihe legacy in question; and that to become the object f private charity was not compatible with the national honor nor the fitness of things. Such a bequest, as this was a bounty, and the acceptance of il w ould be a degradation; and if we had any regard to our own dignity, we should not descend to ihe humiliation o.f icrrccivit.g tt. Whatever it v,3 dcsii a

ble to have done for the increase of the happiness, prosperity, and intelligence of the People, (supposing it not in violation of the Constitution.) we had the power and the abundant means of doing. If. however, it w as not desirable, not constitutional, not w ithin the sphere of our competence : no individual could, by any act of hi?, make it so. i hcther Confess has the power of appropriating money from the public treasury for ihe purpose of establishing a national seminary of learning, had Ions; been a vexed question; however, had usually resulted in the negation of

such power. I low could the legncv of receive and apply money from private . individuals for any purpose w hatever the abolition of slavery in the District of Columbia, foi instance. U was also a question of doubt and uifiii ulty w lielher it w ould he w ithin the competency of the Government of the United States, to appropriate any pottioncf the general revenue in order to enable us to obtain the legacy. The report of the Committee on the Judiciary, advocates the rifht of I ongress to assert its claim to this properly i. I either of these corporate bodies, ( 'mithis was a bequest to the Congress of the 1 idled States. We were annoinIn reply, it was contended, that the United States could enforce a claim for a bequest for charitable uses in the English Com l of Chancery. The principle had been repeatedly' so determined. As to its not comporting with our dignity to appear there as a suitor, hltlc pnnctillios on the score of our national importance should not prevent us from doing what the comity of nations authorized lis to do. It was a right which w as granted by the express terms of our Constitution lo all foreign Governments. As to the next objection, the power ana policy ot erectiu-r a national col lege, by appropialion from the public i rcasury , no such question was involved in the consideration of the present subject. The 500.000 left to the United States by this gentleman's will was not, and never could become any portion of its revenue. The United States could claim and take it as trustees for a specific purpose, but not for their ow n benefit. It was further contended, that as 'parens palrut' of the District, Congress might appropriate such sums as would be necessary to prosecute Ihe claim with ctTect. la exercising its powers ami performing its duties as the local legislaf'irc of the ten mile square. Congress had no pecuniary means lo defray its expenses, but such as were afforded by the general revenue. Coin made such appropriations every ress nay tor paying the salaries of the J udges of the District. Congress had establish an orphan' court; appointed a commissioner; provided for ihe administra tion of justice; passed an act this very session lor the maintainancc of a peni tentiary in this District;(orthe expenses ol all which, the exchequer of the country supplies the money. The last chapter of the 3d volume ot blackslone was cited to show that the King, as 'panns ptilrvrf had exclu sive power over the estates of idiots and lunatics, and in relation to all be quests made for churdaulc uses. Some such power belonged lo every Govern ment. Lvery State in the Union cxer cised it; and so could Congress in this that power has been transferred to Congress by the act of cession by those Mates. uy me icrms oi tnc bequest, tins college is to be erected 'for the increase and dilfu sion of knowledge among men,' mat is, lor the benefit of all mankind ihe technical exception which had been taken to this phrase, ought no lo oe aumme.i. l.vcry lilerarv inslilu lion which sent abroad useful, learned. and virtuous men, w as a benefit, as we as an honor and blessing to the whoh world. It was hoped, tncrefore. that the welfare, happiness, and intelligence of this District, and the country at large would be increased by having the be nevolent intentions of Mr. Smithson carried out through ihc instumentalilj of l ongiess.J I lie resolution was then reported without amendment.

The yeas and nays being demanded by Mr. Walker, on the question of engrossment, the question w as taken and decided as follows: Ve.vs Messrs. Benton, Black, Buchanan, Clay, Clay ton,Crittenden,Cuthbert, Davis Ewing, of Ohio, Goldsborough, Grundy, Hendricks, Hubbard, Kent, King, of Alabama.Knight, Leigh, Linn,Mangum, Moore, Naudain, Nicholas, Porter, Prentiss, Rives, Robbins, Southard, Swift, Tallmadgc, Tomlinson. Walker 31 Nays Messrs. Calhoun, Ewing, of 111 inois, HiU, King, of Georgia, Preston, Ro! inson, White 7

From the Now Orleans Bulletin of May 3. llKilllA" IMPORTANT FKOJI TEXAS. We have been politely favored w ith the following extract written to a gentleman of this city, from Natchitoches, w hich gees still farther to corroborate the account received by the Levant, w hich we publish to-day. The substance of which is that an express has arrived here, via Aatchilochm from Texas, and is confirmed byGen. Gaines, lhatGcn. Houston, of Texas, has conquered Santa Anna and his army . Santa Anna himself, and his soldiers all prisoners. The forces of Santa Anna were estimated at 1100; and those of Houston at GOO. The express further states that Houston's army destroyed half of the Mexicans, and the loss on his side was C killed and 20 wounded. The saddle of Santa Anna w as taken and brought in. is of a costly order, being estimated as worth between 0 or GOO dollars, and the express who brought in the news rode on the horse of Santa Anna. All this is indeed cheering news calculated to arouse all the better feelings w hich are implanted in the hearts of those who can rejoice at the triumph of freemen over their civil and savage opposers. The intelligence received y esterdav morning, and which is also pub lished w ill be seen to be confirmed by the news brought by the Levant, with the difference only that the numbers of the enemy killed and taken by Gen. Houston, vary in amount. Heap Qua. tiTEus, Army, April 23, 1 83G. To ihr. People iozvards .Xacncdochco : We met Santa Anna on the 21st; we attacked him with GOO men; he had 1100 infantry, two howitzers we en tirely routed his w hole fo lulled half of his men, and Jook the Wl prisoners. Santa Anna himself and all his principal otTicers are our prisoners. The history of war docs not furnish a par allel to the battle. We had G killed and 20 wounded. I have not time or I would send on a full report. I will do that in the course of to-morrow. I again call on my fellow citizens to come to the field; let us fall on and conquer the remaining troops, and our country is free, turnout at once, there is no excuse now ; let us do the work at once. TIIOS. J. RUSH, Sec. at War. I certify the above to be a true copy of the express just received from the Secretary of War, who was himselt in the battle. A. liU US I UiN. j To J. R. Dcxk. ! San Augustine, April 2G. The following is the information which came lo hand early yesterday morning. gentleman of this city who arrived this morning from Atlakapas in the S. P. Velocipede states, that on the evening previous lo his departure, two persons arrived at St. Martinsville, di rect from Texas. That these persons who appeared to be men of respectability, related as a positive fact, that an engagement had taken place between ihc Texian forces under Gen. Houston, and the Mexican army, in which the latter was totally routed, having lostTOO prisoners, among whom was Gen. Cos. The loss of the Tex ians is said to be inconsiderable. Ihc circumstances as related by these gentlemen, were that the Mexican army had from some cause or other been separated into two bodies divided by the river Brazos, that ihe suduen rise of that river prevented Ihe two bodies fiom ctfecting a junction that Houston marched against Ihe larger body amounting to 1300 or 1400 men, thai Ihe latter retreated, and in their 'etieat set (ire to the tow n of Harrisburgh. Houston succeeded in overtaking thom about seven milles from that tow n, and a sudden and vigorous attack on them, and after some severe fight'ntj, the Mexicans were totally defeatcd, with the loss above mentioned. The gentlemen slated that they were a short distance from Harrisburgh and could distinctly hear the firing and that the result was well known before their ueparlure that Houston had marched in pursuit of the other body, which it was supposed could not pc&sibly escape him. :

Cheering: IVews from Texas! Since the foregoing articles was in type, we have received the Cincinnati Evening Post, extra, of the 18th inst., from which we copy the following: We received late last evening, the Louisville Public Advertiser of the 17lh, which was placed in our hands by

Air. Wm. Holmes, to whom it had been given for us by an unknown friend w ho came passenger in the Champion, which left Louisville at 1-4 past G yesterday morning and arrived here in 15 hours. It contains a confirmation of Houston's Victory. We have verbal accounts from Texas, by a gentleman, arrived last evening in the Majestic of a skirmish on the 21st of April, between a small parly of Texians and Mexieans, and of the battle, which resulted in the capture of Santa Anna that the Mexican loss w as 5 or GOO killed that Cos was among the slain and that Santa Anna had abandoned his horse, assumed the garb of a common soldier, and vainly attempted to make his eecape; that he was captured, and recognized by Gen. Almonte, who was also taken and that Gen. Houston also recognized him. This statement is coroborativc of that made by Gen. Gaines, and revives the hope, that the Mexican Tyrant has met the fate he so richly merited. The intelligence below comes in such an authentic form as to render farther doubt almost impossible. The Mexican ty rant has long ere this, we expect, justly forfeited a life stained by a thousand cruellies and crimes Lou. .iJv. From the Nashville Banner Krtra, of May 13. NEWS It EN DEUEL) CERTAIN. By the Memphis mail this moment arrived, Gov. Cannon has received a letter from Gen. Gaines, confirming the capture of Santa Anna and his advanced corps. Through the politeness of Gov. Cannon, we are permitted to make the following extract: Jlcad Quarters, Western Department, Camp Sabine 2'Jth April, 1 830. Snt I have the honor to state that reports just now reached this place, through various channels, which leave no doubt of their correctness, that on the 21st inst. a battle was fought near 20 miles to the eastward of Harrisburgh, Texas, between the advance corps of the Mexican army, under the immediate command of their President, Santa Anna, and the Texians, under their Commander-in-Chief, Gen. Houston; and that it resulted in the entire overthrow of that part of the Mexican army the remaining corps being at or near San Felipe, GO miles in the rear. The advance corps consisting of eleven hundred men, w ere half or nearly halfcf them killed, and Ihe remaining half taken prisoners, including the President himself, with his staif, and most of his principal officers ; an d that he has declared himself ready and willing inslanllr to acknowledge the independence of Texas." In addition to the above, we have conversed with a very respectable gentleman who has just arrived in this place in the Western District Statge: At the moment ot his leaving Sommcrville, he saw Mr. Hodge, a worthy and highly respectable citizen of Fayette county, who was direct from Texas, within a hundred m'ues of the battle ground. Mr. Hodge, stated that with the Mexican detachment were taken 50,000 in specie, 200 doubloons found in Travis's saddle bags 1,100 stand of arms and 2 cannons. Santa Anna is said to have been found in a lire after a chase of some miles. Houston is reported lo have received a wound in the ankle. A letter received at Memphis, from a respectable house in New Orleans, contains information thai Santa Anna and Cos had been tried by a Court Martial and shot. But as no mention is made of this in General Gaines' letter, it may probably be premature. The massacre of Col. Fannin's command is confirmed by a letter received hv a citizen of this place from his son, who was one of the seven men that escaped from the cold blooded butchery by the Mexicans of their prisoners of war. oung Shane, the person alluded to above, after incredible fatigues and hardships, reached Houston's camp barefooted and nearly starved. He stales thfl about 500 persons wcr shot a part of whom were Fannin's men, the rest had been captured on other occasions. After being kept without provisions several days they were marched aboul half a mile from the Mexican camp under pretence of giv. ing them something to rat; when at a signal from the commanding officer of the escort, the work of death commenced, and none but Shane and his companions arc now left to tell the fale of their comrades. Lou. Jdv.

DEPLORABLE ACCIDENT. Louisville, May 12. The north side of the large warehouse of Messrs. Mcllvaine & Haydon, (embracing about eighty feet of the building) fell about six o'clock last evening, and killed Mr. Fenwick Newton, clerk, a very estimable voung man, and

a negro man named Sampson. Mr. Mcllv aine miraculously escaped, amidst the immense mass of falling goods and limber. When he was found he occupied aspaceof little more than fifteen inches in width, and six feet in length. In every direction around him, the mass was dense, and would have crushed him, had he not been precisely in the spot he occupied. We understand he remarked, after he had been taken out of the ruins, that he had heard of persons being saved in London, under similar circumstances, by falling facedown, and the instant he heard the crash commence, he thought of, and adopted the expedient and his safety was the result. When he was taken out, and it was ascertained he was not materially injured, an involuntary, but loud, general and heartfelt shout of joy was heard. A part of the adjoining unfinished house of Mr. Lampion was torn dow n, and some two or three men, at work oit the top of it, very fortunately escaped. One was found, when the dust cleared away, on the top of the upper side wall of Mr. Lampion's three story building two others were on that part of the roof which fell, and as they began to descend seized each other, and, we suppose, their convulsive, efforts had the eifect of steady ing and saving both. We are also informed that two or three men were at work on the top of the house of Messrs. Mcllvaine & Haydon, who saved themselves by running to the west end of the roof. The east front, being anchored to the joists, was drawn i n w a r d . .hkertisrr. Toucntxo the Sensitive Spot. The. following decision shows that however lives may be sacrificed with impunity on the Western waters, they have a different feeling upon the subject east of the mountains. Imtoutant Trial. We stated yesterday that a trial was going on in the circuit court of Albany. The suit was brought by John Smith, who with his family, was on board the steam boat Advocate when she blew up, at Coeyman's landing, in May last. Three of Mr. Smith's children died of the in juries received, and his wife was seri ously scalded. Yesterday morning the jury delivered a sealed verdict for the plantilt, damages eight tnousand dollars. JW Y. Commercial. The St. Louis Republican of the 5th inst. says: J'The Mississippi is now higher than it has been for several years We understand, that a great portion of Marion Ci'y is submerged. Fears are entertained thai the same fate will attend different towns and points on the lower Mississippi. The Memphis Enquirer of the 20th before the commencement of the flood here says: "The Mississippi is higher than it has been for the last three years, and is rapidly swelling. Fears are entertained of an unusual overflowing of its waters. Speculators in Arkansas lands will shortly have to use a ten foot pole to find their lands." Michigan. Our neighbors of Michigan continue to be in no pleasant dilemma. "Between hawk and buzzard" they seem likely lo have no local magistracy or tow n officers for some time to come. In some towns no election takes place, because the people cannot agree to recognize cither stale or territorial form of government. In others, a majority decided for the state authority, and elections are held under it. In others the majority is the other way, and elections are held under territorial laws. In others still, all are admitted to vote who possess the qualifications required by either the territorial laws, or the state constitution. Then again, one magistrate will not administer the aothof office, because ihe'elcctions were illegal," and another will not administer it, because the persons elected will not take the, "in Ihe form perscrihed by the slate constitution."' Did we not know the American citizens there to be of peaceful temperament, we should apprehend serious disturbances among the people. Ohio Atlas. When the public Arsenal at Frankfort, Ky. blew up, and ail its arms were supposed to be destroyed, it was found, on digging among the rubbish, that a brass field piece had remained uninjured. The history of this piece is interesting. Il was in the first place captured from Burgoyne at Saratoga, afterwards surrendered to the British by General Hull retaken by the army under General Harrison at the battle of the Thames, presented by Congress lo Governor Shelby, and by him to the Stale of Kentucky.