The Wabash Courier, Volume 10, Number 40, Terre Haute, Vigo County, 11 June 1842 — Page 2

Is.'

ilEXABKB OIP MB. COJfHAII,n -T, or vocmASA, ,r On (kt OB for refunding Gentrml JaekstmU Fin*.

I* SOUTK, MAT 18, 1842.

*5f The Senate having rammed (a* in Committee of the *WhoIe) the con«derntion of the bill to refund to Geo. Jack son the fine inflicted on him by Judge Hell-

Mr- CONRAD, being entitled to the floor, addressed the Senate for upward* of an hoar, in a «pwh of which the following ia a condenwd outline. He ohaer/ed that if the object of the bill were merely to refund to General Jackaon a *nm of monpy, if Congress had been ariced 10 remit this fine on the gronnds that finea are freqaently remitted, not only by Congreaa, bat by the Secretary of the Treasury, to-wit: that there had been a violation of taw, unaccompanied by any evil intention, or the result of error or mistake or if called to make an honorary donation to General Jackaon. aaan additional mark of oar gratitude for hie military aervice*, he would most cheerfully hare voted for the bill. But thia money waa not claimed on either of theae grounds on the contrary, the gentlemen who advocated it had, disclaimed putting the claim on either of these grounds. They had said the money waa no object that the object of the bill was merely to vindicate the character of Genera! Jnckson—to wipe off. aa the gentleman from Missouri had aaid, "the last stain or censure upon hts fair fame." Oiher genrlemen bad ad uaedsimilar language and gentleman from Pennsylvania in particular, (Mr. Buchanan,) who never meta difficulty without at once grappling it by the horns, bad made an elaborate and tble argument to prove that the proceedings of General Jackson had been strictly oonlormable to law, and, aa a necessary consequence, tba the sentence pronounced onhim tor those acts was illegal and unjust, and the Judge who pronounced it was deserving of censure.

The question, then, was one of

:poor

principle:

and, alter

a lapse of a quarter of a century. Congress is called upon to reverse a judgment of a competent tribunal, on the ground of its illegality.

Gentlemen had said that this waa no parly question, •and had deprecated the introduction of party topics into this debate. HA had no doubt of their entire sincerity in these professions but they must at the same time candidly admit that this very question had alwavs been one of controversy. In hia own Slate, in particular, ithad given rise, at the time the eventa occurred, to an angry discussion. He was, himself, too young at that time to take any part in thia discussion, or to entertain any other feeling for Gen Jackaon than that of unqualified admiration and unmingled gratitude for hia great military achievement a feeling which ten or twelve years of political opposition had damped, but not extinguished

There was another circumstnnoe which stared us ir. the face, and to which he could not shut his eyes and thia was, that this claim was not presented hy General jnckson, but emanated from two Democratic Legislatures—those ol Ohio and New York. Now. whatever respect he might entertain for the opinions of two such distinguished bodies, he doubted their peculiar fitneas to determine this question, and could not help suspecting that partv considerations were lurking at the bottom of this disinterested movement. Although he hnd always entertained the opinion that the imprisonment of Jtidge Hall, and the resistance of Gen. Jackson to the process of his oonrt, were acts of arbitrary power, -entirely unjustifiable in themselves, and not excusable on any plea of public ntcestitif,

he had tried not to he

impervious to conviction. He had listened attentively to the arguments of gentlemen vindicating theae acts but they nad not convinced him. but, on the contrary, confirmed the opinion he had always entertained.

Keeping in view, then, that the only point at issue III the legality of these acts, let the facts of the case &S examined. It was necessary for him to do this, heSaase every gentleman who had spoken had supposed, and based his argument on.n different state or facts.— They did not even agree on the c***e

for which the

lino wns imposed. One says it was inflicted on Gen. Jackson because he declared martial law another, be cause he refused to obey the writ of hahenscorpus an other, because he offered a personal indignity to the Judge and all concur in censuring that Judge, and in supposing he was actuated by personal resentment atone.

He did not profess to have any personal knowledge of theae facta. Since the laat debate, however, he had consulted a work in which they were narrated with ereat perspiruity and minuteness of detail. He alluded to Ihe History of Louisiana by Judee Martin. Hedid not vouch for the entire accuracy of this work: but be could vouch that the author waa a man of great learning, industry, and research, who waa in 1815, and still is, one Of the judges of the supreme court of his State, distinguished for his impartiality as a judge and it wns fair to presume that he did not lay aside this quality in assuming the character of an historian. The work ia not of a partisan or political character, bui embraces the Irfstory of Louisiana from its discovery to the battle of Jfew Orleans and the author was an eye witnesa of* and an actor in. the scenaa which ha describes.

Mr. C. here referred to wriodi pnnstfRi in the work, to ahow that when General Jackson arrived in Loniatana he waa induced, by the representations of persons who enjoved his confidence, to entertain suspicions of the fidelity of a large portion of the inhabitants of Louisiana—particularly those of French extraciion thnt. under the influence of thia feeling, he recommended to the Legislature, then in session, that the

was in

AAIM* corpus

act should bo suspended—which, however, they refused to do that Louallier, a member from one of the interior pariahes, waa one of those who warmly opposed this measure, as unnecessary, and dangerous to the liberties of the citizens of tne State. The battle was fought and won and whatever might have been the SUitpicione of General Jackson before, they ought now to have been dispelled—they were nohly refuted at the eannon% mouth, (t was a remarkable fact, (and one he took pride in recurring to,) that, although "Louisiana had been but recently admitted into this great American family ofStates although the attachment of her citiyena to thia Government hnd hardly yet time to matulre, and to acquire that atrength it has since attained although hor population was of a very heterogeneous character, and many of them natives of foreign countries although placed in the most discouraging eircum-stano-s, there was not, as far as he knew, one aingle instance of treachcry, cowardice, or even faltering in the ranks.

The sequel is known. The enemy was defeated.— On the night of the ISih Januarv they decamped. On the Oil January solemn thanksgivings were offered up for the deliverance of the country from the eminent perils that had environed it. On the 13th of February the enemv were at Mobile, 150 milea off. On the 80th General Jackson received unofficial intelligence that a treaty of peace had been negotiated. This intelligence was communicated bv the commander of the enemy's forcea. But on the 32d it waa confirmed from another quarter. No one doubted the fact, although it might not have been prudent for the commnndt'r-in-chief to have acted on it, and disbanded hia forces.

Among thoae who had borne an active part in the oompaign, were a number of emigrant* from France. Their own.country was then at peace with Great Britain and they were not bound to take up armsavainat her in defence of the United States. But thry rushed voluntarily to the conflict, and not only diaplaved that martial spirit which ia the characteristic of their nation, hut many of them having setved under Napoleon, possessed a scientific knowledge in which the United states' fbrcra were deficient. The blood of Frenchmen ami Americana once more mingled in the same stream against the enemies of this country. After these rumors of peace had reached New Orleans, anxious to return to their homes and to those civil occupations on which many of them depended for their livelihood, many ol them prayed to be discharged, on presenting the consular certificates of their national character. Theae discharges were at first granted without difficulty: but, aa their number increased. General Jackaon issued an order that all thoae who presented such certificates,and claimed their discharge, should fwthwith be sent to

Baton Rouge, a small town on the Mississippi, about 150 milt* above New Or Wns.

It may well be imagined that such an order—mi plying suspieiona of their fidelity, which they were not oooacoa« of dreprving—was considered by these bravo people as harsh and rigorous in ths extreme, and as a

return for the signal srrvicea they had rendered the country This was towards the end of February, or early in March. On the 3d of the Utter month. Mr. ^Loualfier (th*«ime individual who, as a member of JHbe Legialatare, bad so warmly opposed the suspension of the habeas corpus act) published an article in which this act of General Jackson was aev»relv commented "iWt as uiyu*'. cruel, iltigal, and an unjustifiable exercise of arbitrary power. General Jacksan immediately

Mted aa otwr for his arrest, and ordered him to he'triad hp a court martial, for exciting mutiny, for a libel, a a a

He (Mr. C) would not nodertake to discuss the ouestioflref the propriety ot General Jackson* srrert of Louallier. The publication was certainly aa indiscreet ^enat. iit how omild a court martial take cognisance •f a prosecation for a HMT And how could an American citiaen—a member ol the Legislature—be triad as a spyf If ha had leagued with the enemy—if ha had in

any maoaar, given th*m aid and comfort—hia crime waa that of a traitor, not of a soy and ha was amenable to the Civil tribunal* for high trrasoa

Louallier, finding himself arrested, and about to ha tried by a court martial, ft* a crime involving not only hia character, but hi* Ufa. applied to the iodge of the 'district court of the United States for a wri: of habeas corpus. Now what waa the effect of thia writ/ Gentlemeo on the other aide had argued as if it had the effect of inatantly and pet ss setting Loaallier at liberty.

Bot every lawyer knows that it hasnosoch effect that its sofa object end rota is to compel the production or the prisoner, in order that the judge may inqatre into the tmum \f kit cmmmitmmt

It is this writ which overleaps the walls of

the prison—which unlocks tile iron-barred door of the dungeon—which petietratee the ranks of an armed soldiery, surrounding the victim of mititanr violence with drawn swords and pointed bayonets. How, then, can juuge, in any eaae, refuse to issue jhis writ, where even probable cause is shown for hie interference?

Supposs that Judge Hall had refined to issue this writ and tnst Louallier hsd been convicted and sentenced to death, end the sentence carried into execution—the supposition is not improbable, because the sequel showed that General Jackson was in earnest, sna that Louallier owed his life to the court martial presided over by General Gaines, who hsd tjbe'honesty and firmness to acquit bitn, ia opposition to the opinion and wishes of their commander—what would have been the consequence? Why, Hall would have been universally execrated. The tablea of the other House would have been loaded with petition# for bis impeachment. He would have been impeached: and bad it been our lot to try that impeachment, who among us wonld have dared to aav that a judge who had refused to discharge a sacred duty—to stretch forth his arm to save an unfortunate man from an ignominious death unlawfully inflicted, ought not to be burled from^ a seat which be had disgraced by his imbecility or his cowardice?

But Judge Hall did not refuse it Mr. C. herepnssed a warm eulogium on the character of judge Hall, and proceeded to remark that, in granting i«, he exacted a promise on the part of Mr. Morel, a diatinguisned lawyer, who had applied for it in behalf of Louallier. that he should apprise General Jackson that the writ had iasued, in order that he might appear in person or by counsel to oppose the discharge of Louallier, if he thought proper so to do. Mr. Morel fulfilled this pledge and General Jackson adopted a more sure and summary method of preventing tne discharge- He arrested and imprisoned the Judge.

The Senator from Pennsylvania has observed that the Judge was only imprisoned in a technical sense He was confined within the four walls of a room and that is imprisonment, in every sense of the word. It is true, it was not :hat species of imprisonment which is practised in the gentleman's own State it was not solitary confinement. The spy and the Judge who had endeavored to screen him from punishment, were deemed worthy associates, and were confined in the same apartment and thus the writ of habeas corpus, instead of bringing the prisoner before the Judge, produced the very opposite effect of carrying the Judge to the prisoner. The General then sent an officer to demand from the clerk of the court the record containing the application for the writ, and the proceeding* consequent thereon. The clerk refused to surrender it, on the score of official duly but offered to carry it to the General for his inspection. He did so. and delivered the record to General Jackson, and the latter retained possession of it and intimated, in no

very

ambiguous

terms, both to the clerk and the marshal, that if thev in any manner interfered in the matter, they abould fare no better than the Judge.

In the meantime official intelligence arrived of the restoration of peace. By a singular mischance, the package transmitted from ths War Department, communicating this information, was exchanged for another and the error was not discovered by the messenger despatched with it until he had reached N.Orleans Other documents brought by him, however, left no doubt of the fact, and it was shortly after announced in general orders. It was not until five days after this, and when tho militia hod been disbanded.

that Judge Hall was released from netual confinement:'

and even then he was not set at liberty. He was put

For this

under a guard of soldiers, who conducted htm beyond I ... o.,

safe for a rejoicin A few United States district attorney, moved for an attachment against General Jackson, to answer for a conItmpl of court.

wonyi

Judge

The contempt charged against htm

obstructing the procttt

of the court.

1. By imprisoning the Judge, and thereby preventing him from discharging bin official duties. 2. By violently taking possession of a record ot the court. 3- By threatening the officers of the court.

contempt of court,

and for nothing elao, was

thia fine imposed. The imprisonment of Louallier, the declaration of martial low, the su.-prnaion of the haheat rorpu*

act, were not the acts for which General

Jackson was fined. However illegal those acta might be in themselves, it wns not the province of the court to determine in that form but it was tho province ol the court to vindicate its own dignity

open nnd avowed resistance to its

punishing an

authority.occompa-

nied with the most wanton and unnecessary violence and insult to the person of the Judge. Thia, said Mr is the sentence we are called upon to reverse as unjust, erroneous, and il legal. However willing he miato lte to return thia money to General Jackson however anxious he might be to do arty thing consistent with truth and principle, to gratify General Jackson or hiafriendaon this floor and elsewhere—he could not do this: he could not do it, because he would thereby sanction a dangerous precedent, that might heroafter be invoked by eome chieftain less magnanimous than General Jackson, to the subversion ofthe liberties ol his country: he could not do it, because he would thereby contribute to revivean exploded calumny against a portion of his own constituents: he could not do it, because he would, in so doing, affix an unjust stigma upon the character of the Upright magistrate by whom this sentence was pronounced. That Judge is, long since, consigned to that tomb to which, we are tolu, General Jackson ta fast hastening. No sculptured marble marks the spot where his ashes repose. Pilgrim patriots do not rjsoft to kit lomb, as they will one day to General Jackson1*, to breathe the inspiration that hoversaround the grave of a departed hero.

But for the accident that has connected his name with this historical incident.it would erelong be forgotten and if that name is to be rcscued from oblivion, let it not be "damned to everlasting fame."

Gentlemen have attempted to justify these proceedings by the declaration of martial law. Now, it the declaration of martial law necessarily involves the suspension of the civil laws of a country, it ia clear that none but the aovereign power of a country can establisli it.

In the present case Congress had not exercised the power vested in it by the Constitution ot' suspending the writ of habeas corpus

think

that ho may ascertain by

what authority ho is imprisoned. If. upon that investigation. it tarns out that he is imprisoned by a warrant issued by a competent authority, and the proceed-1 inga. on their face, are regular, he is rsmanded so prio

J® yt4wIR 'jj* M*] otherwise, lie is discharged— GovM Jaoee tiaH, wtthanr propriety, have rsfoeed. ia "ll JKeooald**.

the preset) instance, to The writ of Meat ataiutewhiehaMueted it itdnil anus fot

thy wrttl

tisswritr*

"when the public safety may

require it," and the Lcgislrture of Louisiana had re

In point of fact, then, martial law, in the sense tn which those wordsare used, waa not established. Will gentlemen contend that the commander of an army can, at his own discretion, invest himself with absolute authority over the lives and liberties of thecitisens? can arm hiniaelf with thepoweraofa Roman dictator? Would such a doctrine aa this be sanctioned in this country and in this Hall? He for one would not countenance it. He would not, it waa true, hold a gallant and pa'riotic officer, who, at a time ot great public emergency and danger, and to avert a great public calamity, would overtop the boundaries of the law. But the officer who does this does it at bis peril, and must be prepared to ahow the necessity which he invokes aa the juatification of his conduct. He must make out a clear case. Now, he would not apeak of the arrest of Loualiier, because that he knew waa a debatable point though he must he permitted to say that even supposing that the arrest of Louallier was a meaaure of prudence, it would have been sufficient to have detained him in close custody. He could not perceive the necessity of trying him for his life by a military tribunal, and for an imaginary offence for, whateter may have been Lonallier'a misdeeds, he certainly was not a spy- But the imprisonment of the Judge, hia subsequent ignominious banishment from the city, the seizure of the records of his court, where was the necessity lor these acta? And theae, he repeated, were the acta for which the fine was imposed.

We have been tuld by the Senator from Missouri that the ladies of New Orleans considered this sentence ss erroneous, inasmuch aa they had raised the amount of the fine by a contribution among themselvee, and offered to refund it but the offer waa declined. No one waa more ready to bow to the authority of hia fair countrywomen, in all matter* within their appropriate aphetw, titan himself. But he must be permitted to doubt their competency to decide questions of law.— He assured the gentlemen from Miasoori they had not attempted any thin

ing of ihiaeort. They did not trou

ble their heada with tuch knotty auestioos: they had listened only to the suggestions of their hearts, overSowing with gratitude fort heir deliverer. It was this that prompted them to miss this money by contribution and. sir, if the matter waa pat on that ground, they would do itacaia and not only they, air, but the gentlemen too He would contribute himself to any ctich voluntary aid to an old aoldier. Bat when it was asked as a right, and we are Called on not to aid him in complying with a jodgmunt but to n-mw ttet judgment as erroneous, and onndema tfae Judge, the qoeetion asiiimes a difcrent aspect*

Whr should we interfere at all t# this question, after such a tapee of timet Why should we usury the fnactione of the histortau, aad anticipate the verdict of oflsterity? Gentlemen .y it is unnecessary to wipe a iwm»

flmn. lackamli character. Even

hts

•—r-v' Even if hts b*

SIi»?tJ2»ruvolwd

in this queswm,be

sea the propriety of our interference. But he

he had violated the law he had ia apmc degree atoued fam—Bishop

(,* it by thepwmptitudo with which he had afterwards

history: something that could compare with tbe brigb-

ia too severe aad aactiuritable a

Siitif,«Mlfhe

in moral snblimity. ... -1 alwavs thoosht voo were born 00 the 1st of

it ia A wtaiiVywrOi^^

if aa artist to commemorate it ia1

lu thie manner, while yoa honor the military chief who, in the boar of hit proudest triumph, did not forget his duty as a citiaen, yea will alee conmem the upright and inflexible Jtadge, who. eaawed by er, unmoved by popular clamor, dared to vind'icai majesty of your raws. In this manner, inatead of cing on your statute-book a melancholy mcmoet party spirit, yoa will transmit to posterity »lesson plate vitkmonltripdUiahi^^

Fremiti GUt*.

The following litter is frqm an intelligent sta captain, just returned from the. Pacific ocean. It gives information of the prog re— of the British appropriation of the trade, and alt the accessible regions of the northern Pacific, which should be impressed upon tSe American public.

BOSTON, MAT 1,1842.

SIB Thinking it may be interesting or important to you to know of some of the late operations and present plans of the British Hudson's Bay Company in the North Pacific ocean, I beg leave to pre9ont to your notice some facts in relation to the same, and whisk have come to my knowledge from personal observation, or from sources entitled to the fullest credit. ,•

All that extensive line of coast comprehending the Russian possessions on the north* west cuast or America, from Mount St. Elias south to the latitude of 54 deg. 40 min. north, (the last being the boundary line between the Russian and American territories,) together with the sole and exclusive right or privilege of frequenting all ports, bays, sounds, rivers, &c. within said territory, and establishing forts and trading with the Indians, has been leased or granted by the Russian-Americao Fur Company to the British Hudson's Bay Company, for the term of ten years from January, 1842 and for which the latter nrft to pay,annually,four thousand fur seal skins, or the value (hereof in money, ut the rate of thirty-two shillings each—say £6,400 sterling, or $30,720.

In the above-named lease the Russians have, however, reserved to themselves the island of Sitka, or New Archangel in which place, you probably are aware, the Russian* have a large settlement—-the depot and head* quarters of thejr fur trade with the Fox islands, Aleutian islands, and the continental shore westward of Mount St. Ellas. 'All thdf

trading establishments of the Russians lately

existing at Tumgass-Stickene, and other place*

•he limits of the city, with a positive injunction not within sajd territory, leased to the HudoOlMM ... to re-enter it until official intelligence arrived of the Bay Company, have of consequence beett treaty of peace, or until the enemy had left the South- broken up. Thus the Hudson's Bav Comern coast. Thus, when it was thought that the mi It- ,. tarv force might safely be die*anded, :t was not thought pany, not content witn monopolizing the nerebless old a Jielol

man to tnke part in the general tofore profitable trade of the Americans, of ,hich hia fellow-citixens wrre indulging, aftei the return of

Hall. Dick, the *"1 rv S 1 northwest

them off also from all tokle with the most* valuable fur regions in the world. ^Whether the arianjretntnts made between

between the United States on the one part, and those nations respectively on the other, I leavetoyouf better knowledge to determine.

A. A •-_ -1 A1

pany. at Pug^t's Sound and the Columbia rivr, you are doubtless fully informed those, however, lately commenced by them in California, will admit of my saying a few wordd.

At San Francisco they have purchased a large house, as a trading establishment and depot for merchandize qpd they intend this year ta h»ve plac« 0f the«a«|p k(nd*t of the principal ffctife ift^gper Cfeltfmi' Two vessels are building in Loridon, intei for the same trride—that is, for the coasting trade and after completing their cargoes, to carry them to England. These things, With others, give every Indication that ills the purpose of the Hudson's Bay Company, to monopolize the whole hide and tallow trade of the coast of California—a trade which now employs more than half A Jmllion of American capital.

At the Sandwich Islands the company have a large trading establishment, and have commenced engaging in the commerce of the country, with evident designs to monopolize it, if possible, and to drive off the Americans, who have heretofbre been its chief creators and conductors.

I have been inforrftAd by one of the agent* otm Hudson's Bay Company, that the ngricaftural and commercial operations of the Englidti at Puget's sound, Columbia river^ California, and Sandwich Islands,are carried!' on, not actually by the Hudson's Bay Cort* pany, but by what may be termed a branch of it—by gentlemen who are the chief members and" stockholders of said company, and who have associated themselves under the'' firm of Pelly, Simpsort & Co., in London, and with a capital of more than #15,000,000!

Seeing these companies, then, marching with iron footsteps to the possession of the most valuable portion of country in the Northern Pacific and considering, too, tlie immense amount of their capital, the number, enterprise, and energy of their agents, and the policy pursued by them, great reft son is there to fear that American commerce in that part of the world must soon lower its flag. But, sir, it is to be hoped that our Government will soon do something to break up Ihe British settlements in ihe Oregon territory, and thereby destroy the source from which now emanate the most dire evils to American interests in the western world. In the endeavor to bring about that desirable object, you have done much and every friend to his country, every person interested in the commerce of the Pacific, must feet grateful for the valua ble services rendered them by rou.

With great respect, Your obedient servant* HENRY A. PEIKCE.

How. LEWIS P. LINN, Senator of tJte United Slmies,

Putsirrr OF

n„'i,„„d[lUf Riavard

tho Russian settlements on the coast, have now completely cut

the Russiat.s and tho English, above n|hkj^!& conferred upon him. He said that he had to, are conformable to the~treaties existing ijut little experience to enter upon the dis

With the doings of the Hudson's Bay Com- kindness of the members to aid him and prom-

fffeaiimgton.

PLCAstnut.—We

beel

did

un^ character ^?uld rather gain than lose by it. If

twt

smile at the

ignorant savage who cuts down, the tree ia order to reach its fruits but the fact a that a blunder of this description ia made by every person who is over eager and impatient in the pursuit of pleasure. To such the present moment ia as every thing, and the future as nothing be borrows, therefore, from the future at a most usurious sad ruinous interest and the consequence is, that he finds die tooe

foaliog* impaired, hts self-respect

could not diminished, Ms health of mind aod body de-

*troyed, and life reduced to its very dregs, at

a time when, humanly speaking, the greatest

portion of its comforts should be still before

SkmtUrwortk.

1 Fnw or A«n—An Wy,« d«-

sceodunt of Miles Staodish, telling 4ier age,

Ro~ai«»T. marked ih.t A* wm born oa tho XU el Jffk. fM. i.a] April. Her huatead, who wMby.atarrwd,

always thought yen

him^^iSSTSd AP"1' Ptapte J&i well jodge ao.«bsarved »*,« that h* country d.d.1(oatte^in the choice iSiadeof* few.

CONGRESS.

MAT 31st.

'Tftc Senate, this morning, were far behind of meeting. The body was not callfd&r until half pest 12, when*the Chapbio oft he Senate opened the proceeding? wait-prayer, making special allusion to the calamity of the disposition of Mr. Southard, who, it wits understood by him, would take occasion to resign his seat as President pro of the Senate. ..

The Secretary of the Senate then announced that he had in his hand a letter addressed to lite Senate of the United States. The letter was read, in which Mr. Southard thanked the Seoate for the kindness and courtesy which had been extended to him while presiding over the Senate. His regrets were also stated his inability, in consequence of indisposition, to discharge his duties with the punctuality he could have wished. His indisposition continuing, and to prevent auy inconveniences whigh jpight arise, he handed in his resignation.

Mr. Berrien, of Georgia,addressed the Sen' ate in a few words. He said that the unfinished business of yesterday was the Apportionment bill and having introduced that bill to the Senate, be trusted that he should be pardoned for bringing the state of things in which the Senate found itself by the resignation of its presiding officer, to its attention, tie moved that the Senate now proceed to the election of a President pro tempore.

The Secretary of the Senate entertained tho motion, and asked the Senators to prepare tlieir ballots, which was accordingly done.

FIRST BALLOT.

Whole number of votes 45.

Mr. Mangum, of N. C. Mr. Bayard, of Del. M^. King, of Ala. M. Kerr, ofMd. Mr. Tallmage, of N. Y. Mr. Clayton, of Del. Mr. Sevier, of Ark. Blank. And no choice.

SECOND BALLOT.

Whole number of votes 45.—Necessary to a choice 23. Mr. Mangum 23 Mr. King 7

Mr. Walker 5 1 The Secretary of the Senate announced that Wilie P. Mangum, of N. C. was duly elected President pro tempore of the Senate.

Mr. Mangum was conducted to the Chair bv Mr. Preston, of S. C. and Mr. Miller, of N..J.

Mr. Mangum returned thanks to the Senate in a few and expressive words, for the honor

charge of his duties devolving upon him with ihe strictest kindness and impartiality. He Irelied, however, upon the intelligence and

Mr. King, of Ala. submitted a motion to efTect that the. President of the United States and the House of Representatives be made acquainted with the action of the Senate in the choice of its presiding officer.

The business of the Senate was then gone through with, beginning with memorials which occupied the time of the Senate during the imorning hour.1

The business of the morning "hour was not important and at two o'clock the Apportionment bill was taken up as iu Committee of the whole.

The question to be considered was the Districting of the States., Mr. Allen, of Ohio, was opposed to the Districting system, and gave his opinion at some tength.

Mr. Huntington, of Conn, took the Qtfoer isiile of the question.

tlVILAND DIPLOMATIC APPROPRIATIONS FOR 1843. The General Appropriation Bill,after much delay arising from hostility to particular items and differences between tbe two Houses, has length become a law. It fills four columns the National Intelligencer. We have made out a condensed table of its several items of

Appropriation, as follows:

Pay end mileage of members of Congress J*ay of officers and clerfca of Senate House Contingent expenses ot the Senate

Printing, binding, lithographing, books, dcc. Sa!sry ot Librarians Contingent expenses of the Library Books of the Library Salary of the Preaident Department of State, mlartes and expensss Treasury Department Deportment of War Navy Department Salary of p. M.General, aetistaota, clerks^tc. Surveyors and their clerks U.S. Mint at Philadelphia in North Carolina in Georgia in New Orleans Wisconsin Territory lows Territory Florida Territory Jodgea Supreme Court District Judges Judges in District of Columbia

Fund lor relief of s*ck and disabled ssamsn Custom House at Boston, New Yorfc, not exceeding Expensss of the Sixth Census Light house establishment „.... Foreign Ministera, Secretaries, Charges des

ASutu and Consuls Contingent expenees of Missions ahruud Relief and Protection of American Seamen in ioreiga countries

—Item Fori MWML

A. QBMvfRM ffcfiar geniuun of the "Otto of roaas.^

22 4 14 1

Mam#

ma a

MAn«lA as «ns.

ised to be wanting in no effort to render justice to all. The Journal of yesterday's proceeding were t^en read, when Mr. Linn, of Mo. presented resolutions of thanks to the Hon. S. S. South-ard-for the able and courteous manner in which he bad discharged the duties of hia ofjgpe, and in addition by a second resolution an Expression of regret for the indisposition which had made his resignation necessary.

§373,713 13.500 35.000 50,(100 137 867 3,450 1,800 6,000 35XW0 151.786 317.000 101,940 38,718 93.778 64.905 43 400 9.600 8,880 17.400 36.450 43.946 40.975 41,000 50 400 11.700 »^00 8,016 7.300 375.000 900 100.000 90.000 66301 4**00 75.000 38.000 110^)00 368,933

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House

"*p

••Attorney General and Clerk District Attorneys Marshals ... Expenses of U. 8. Courts Annuities andGranta Survey of U. 8. Coeat gurvey of the Northern sad Southern Lakes Purvey of Northeastern Boaodanr

170.500 92*00

35.000

Total Cml snd Diplomatic f3,33M«l GENERAL P08T-OTFK3B. asportatioo of the Mails $3,150000 cmsatieo of Poet masters 915.060

Steamboat and Way Letters 90.000 rapping Paper 4 16J00 See Furniture 4,€00 .dvertieing

StiOO

"ail Aigu 30.000 idta. £9* and Stamms 10^000 ail Dmredations aad Spscial Agsnta 38.000 ty PUeimeettis 309.000 Sflsodtaeoas S8 000

•M8M00

on ticcount of the pevoice baa beta termed

FOREIGN NEWS.

Frtm tke PhUaitipiim U.S. Gmsette. 4 DAYS LATER FROM ENGLAND.

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ot theMBrUish Qmmm.

The arrival of the British Qtioen furnishes us with advices to the ?th from England. Our account is made up indiscriminately from the New York papers, to whom we are indebted for extras.

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We are especially indebted^ fo Messrs. Harnden dc Co.. for London papers to tbe ?th, the day of sailing of the Queen.

The British Queen, Captain Keane,arrived in the lower bay in the night from Sou ilia mp ton, which place she left on the 8th of May, making a fine passage, amidst very "stormy and unusually severe weather for this season of the year. .... v.-.- wses

The gallant Queen has thus proved herself a beautiful and snfo seaboat, and her commander one of the best and most skilful seamen that could be found in either country to navigate her. She bringa us our full files up to the 8th of May inclusive* .The Queen brought 42 passengers.

The news from India is highly interesting, as it gives full details of the exac! position of the affairs of the British army in every part of India, and their contemplated movements against the Aflghans*

In tho British parliament the tones still maintain their ground. The income tax bill has not passed to its final reading, but on every division Sir Robert Peel has had an average majority of about 10.

The Money Market is easy, although fiinda had a downward tendency on the 6th and 7th. The Cotton market ia firm, and no change in prices.

The Virginia packet ship has arrived out. Lord Brougham has presented the Chartist petition in the House ot Lords.

WASHINGTON IRVING PBSSEKTSD TO THB QUEEN The London Globe in announcing the presentations at the Queen's Levee on the 4th of May, has the following—"Washington Irving, Esq. Minister of the United States to the Court of Spain, by Mr. Everett, the Am erican Minister." ,wv

CHINA.

The Island Queen, which reached Bombay yesterday, brings nsws of tho 15th February from Macao. A series of earlier arrivals hoc carried back our information to the date of last month, 18th January. Littlef any in* terest has within this period occurred. The Plenipotentiary had returned to Hong Kong, and on the 24th January issued a circular, notifying the state of operations to the westward. According to the paper, tho Sesotris, Nemesis, and Phlegethon steamers, carrying about 700 men, had on the 28th December, proceeded up the river' (on the coast opposite to Chusan) to the town of Yu Yao, which they captured without resistence, the enemy having retiigd. The Chinese soldiers were hotly pursued by us, but in vain at running we were no match for them. Out of 1200 rei ulars, 2S were captured and some 100 kill the rest escaped. A st'ong fort five milea from Yu Yao, was afterwards taken, and its powder magazine and stores of every sort burned and destroyed. The city of Tsikec, somewhat lower down, was next occupied, the Chinese having fled before us the government granaries the town were broken open, and their contents given fo the Inhabitants and the public works were destroyed, so far as that was possible without injuring the to#n. 1 CABOOL.

Our Cares for the concerns of Cabool in a great measure ceased with the intelligence of the destruction of our army in the second week of January. Save in the interest felt in the hostages or captives which still remain in it, it is no more to us than it was before the Affghan troubles began. The officers who remain there, together with the sick, wounded, and prisoners, seem to have been from the beginning well as even kindly treated.— The "good Nawaugh Jubher Khan" has taken the missing child of Mrs'. Anderson under his charge and with

Mthe

Feringees' friend,"

as he was called before adversity fell upon him, it is as safe and as secure of kindness as if under its parent's charge. The tales of the Sepoys being sold into slavery tothe Oosbegs—highly improbable as they were from the beginning—remain wholly unconfirmed, and we believe them to be entirely fabulous.

There are considerable numbers both of officers and men, of whose fate we have now learned 'particulars the former havo been detained as prisoners, but complain of no harshness or severity but on the contrary speak very warmly of the kindness they have experienced the latter have been dismissed without ransom, and have, in many cases received small sums of [money, to carry them on their way. ".

AMERICAN CREDIT IN LONDON. -The Times of the 5th thus speaks as tothe prospect of the Government Loan finding purchasers in London:

The chief feature of the United States Loan Bid, as distinguished from that of last year, is, that it allows a rate below par. Thia concession is,a most important one and, indeed, would never have been made had it not been felt that the money markets were in a most desperate condition as far as the negotiation of a loan is concerned. On the spot the easiness of money in England seems to have been regarded with some eagerness, as if that afforded a chance of a portion of the loan being taken here.

This hope is a most forlorn one, and the people of the United States may be fully persuaded thnt there is a certain class of securities to which no abundance of money, however great, can give value and that in this class their own securities stand pre-eminent. As. however, the hope might be followed by an offer, it will be as well for London capitalists to be on their guard, and to remember tbe specimens they have already had of American securities. The only chance, then of money being obtained by the Federal Government is from the United States money markets, and the condition of them is most completely illustrated by the circumstances recorded in e«e of the papers, that when only 5,000,000 of tbe loan previously authorised waa taken, an immense pressure waa occasioned. The probability is therefore, that in such a condition of things, the fullest advantage will be taken of the premium to purchase below par, and that a sum will be realized which will fall short of the expectations of tbe Government.

fl 1

LONDON Coait EXCHANGE, May 6.—?he Londoo average for corn, sold and delivered In the week ending Tuesday hat, ia the first return under the corn law.'

The imperial average, made up yeaterday, doea not ioolnde, w» believe, any of the new

return*- 140 tewna a*a sf to tbe Us* fron which theveturaa at^«nde,tMlrin^ £$) altogether, Londoo included—the whole being in England and Wales. The duties are those under tbe new act now payable.— Wheat—There are buyers of secondary red wheat from the country, but at lower, rates than are generally acceded to. Flouir—The best French ia saleable at 48s. per 880 lb. da* ty paid, which, howevers is too low ttindttce. or at on

American free flour quoted at 85aS7s. no* vat stATMMAL utTKUMaaoaa. TBIV THOUSAND UFES TOLT. Tremendous Earthquake 11 the Jtlamd of 51. Ikmingo* Y? By the brig William Nelson, arrived a N. York from Port au Prince, has been received "Le Patriot" of May 1 lib*, published at that place, which giveaanaocount of a shocking earthquake that occurred in that isiand on the 7th of May, at 5 o'clock in the evening1, the following particulars of which we copy from the New York Express of Saturday mer* ning-

The principal destruction of life of which we have an account, was at Cape Haytien, which town waa entirely destroyed. It contained about 15,000 inhabitants, two-thirds of whom are though! to be dead.

Tbe approach of the earthqake waa indicated in' Port au Prince by great heat, and heavy clouds that covered the neighboring hills, ahd followed the direction of the southwest to the northeast.

The vessels at anchor, sorrte of the fltilori report, experienced the shock before they sa# the houses agitated, whieh seemed to indicate that the shock came from the west.

There were two shocks at Port au Prince very distinctly felt, the first not so long as the second, which last endured about three minutes. Every person strove to get out of the houses, and the streets were filled with the affrigl.ted population. A little longer, says the Patriot, and Port au Prince would have been the theatre of a disaster similar to that of 1770, of which disastrous year the re-. membrance was rushing into all minds.

The Patriot also says that there is hardly a house or a wall that has not suffered a little. Some have become almoat uninhabitable. The front of the Senate house, where the arms of the Republic are sculptured, ia detached and broken. The interior was uninjured.

On the Saturday night succeeding and on Sunday there were other shocks. Mass was interrupted, nnd the persona present ran hither and thither, while many women feinted.

On Monday morning at 12 o'clock there was another shock. The weather all the while was changeable—now extreme heat, now rain, now fair, and now signs as if of a storm.

Or. Tuesday again there wfts another shock abd tince then s«tys the Patriot, "it seems to ua that we walk upon a quaking earth."

SAINT MARC.—A letter from this town says that the earthquake waa felt there with vtolence* Many bouses were seriously damaged, and some destroyed, but no loss of life is mentioned.

At GONAIVBS the shocks were yet more serious. The greater part of the houses were overthrown. Afire broke out at the same time, aad there waa not a drop of water in town. All the houses that were not bur# fN suffered from the earthquake. It was in tlw streets that the writer of the letter giving this account waa inditing it. The church,- the prison, the palace national, the treasury, and a a a

This letter concludes at 8 A. M. by snying: h' "It is only half an hour since that wo felt a very great commotion. At present we are ignorant of the number of persona killed or wounded. All the prisoners who are not buried in the ruins have escaped. God grant that Port au Prince may not have experienced such a disaster."

CAPS HAYTIBN.—The Urn* of Cape Hyy, fe'-* tien hat entirely disappeared, and with twO'thirde of the population. The families that could escape have fledtoFossette, where they were without an asylum, clothing, or provisions.

The President of Hayti has given onlers L» to the physicians and officera of the hospital# to leave the city immediately in ordortogive succor to the distressed- Other aid or all kinds were about to be despatched by water |"f to the distressed.

LATEU—In addition to tbe above disastrous intelligence from the Ctepe, a courier arrived from the city a few hours previous to the departure of Captain Morris, who stated that a fire broke out after the earthquake* which, on Mooday the 9th, destroyed the powder magazine, and with it the miserable remnant of the inhabitants, who had escaped the earthquake. The towns of St. Nicholas and Port Paix are also said to be destroyed. Other y'\ parts of the island had not been heard from when Captain Morris lefts but it is coojectured that all the towns of tht north are a mast of ruins. RANGE AND SEVERITY

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THB LATE

EARTHQUAKE.

Tbe earthquake which has recently deio* lated A large portion of St. Domingo, was on* of the most Severe that has occurred in any part of tbe world for many years and perhaps more extensive in the sphere of its operations than any since the earthquake which destroyed Lisbon, in 1755. It appears that on tbe same day, and very nearly the aaine hour, the effects of this recent earthquake kg were felt at-various places rangiogfromPort S au Princo to the base of tbe Rocky Mountains. The greatest exploaion from the force of internal pent up fires was felt at Cape Hay-. tien, St. Domingo, on the 7th instant her* they had three successive and violent shocks and previous te tbe first of them a shock of' the earthquake was felt at forto Rico, oo the morning of tbe 7th of May, which aa Air as we have yet learned, was the most easterly 1 point that the effects of It were felt. Tbe in-1 teraal fires, seems, then took a northwesteriy direction, struggling to eecape from their prison house, andultimately tore the ground asunder and broke out at Cape Haytien. It stretched dear across the breadth of St. Domingo aod was folt at Plort au Prince on tho same day aod at nearly the same hour. It I also travelled 00 and was felt at Mayagnee at the same time then to St. Martinsville tod ooe or two other places in Louisiana thence, to Van Buren, Arkansas, and clear up to (ho foot of die Rocky Mountains where tt was also felt on the same day. It thus trateRed at least 1500 miles, and pefhaps was felt.even further, his a sublime and awj(ul thought, here we have proofr of the existence of a noin a 8 I I bably as many deep.—Jv. r. nemia.