fungi( 110 Calmat.

ra g fP.—The appeal of M. de Montalernbcrt against the ,decision df the Paris Police Court was heard before the Imperial Court of Appeal on Tuesday. The proceedings were not, nor were they likely to be, much more than a repetition of the former trial, but they. attracted great attention,,and the low, dark, ill-ventilated court *as crowded the moment the doon were opened. There *ere eleven judges on the bench'? AL Perrot de Chezelles was President. M, Defaure opened the ease in behalf of the appellant. Having-given the history of his client and his ease ho went into newer matters.- He denied that the note in the Monifeur which proclaimed the Imperial pardon granted to his client was a pardon in the proper sense of the word.

It was only a limited remission of the sentence, bemuse it did not free the mieused from the effects of the penal law of the 27th Febreury 1868. Such a pardon, as he instanced by a case recently decided by the Cour de Casea- tion, left remaining all the consequences of that law, and only did away

with. the penalty of six months' imprisonment and the fine of 3000 francs. It still left him exposed for the rest of his life to the chance of being trans- ported to Algeria, or exiled, without trial or judgment. Nothing was re-

mitted but the penalty pronounced by the Police C,orrectionnelle, and his name and position gave him no protection against the effects of that law. It was for that reason that to appealed—that he called upon the Court to quash the judgment of the Police Correetionnelle. Ile prayed for the re- versal of that judgment, too, on account of the dishonouring motives as- signed. M. Dufaure agained examined the passages of the article in the

Correspondant, and showed that there was no crime in his client saying that there were "hypocrites, chronicles of the antechamber, &e." A penal law

must be precise in its terms, clear, and, unmistakeable in its purport. It must not be interpretedby analogy. Analogy is no authority. Penal laws had been successively rectified after various political changes. The law protecting the Sovereign and the constitution was modified in 1830, and in 1848, and in

1849; and to suit the exigencies of the ease the words Chef de l'Etat were sub- stituted in the present instance, where the words "Republic," or "Presi-

dent of the Republic" were used before. Condemnation by analogy was

always repudiated. In the present re:giine there were Senatus-Consultes that chauseed not less than ten clauses in the Penal Law, but left the words

unchanged. The law, therefore, was not applicable in the present instance. He maintained that, in praising the institutions of England, there was no defamation or attack on those of the Imperial Government of France. He cited the passage in M. de Montalembert's article where Marshal Pelissier,

the French Ambassador, is praised. That which he did attack was the system of calurnuy and hatred adopted by those whose constant practice was to abuse England and to exalt the rebels in India. He only attacked the soi-disant Conservative and Catholic press of France; and throughout the whole of the article of the Correspondant the same spirit is observable. Surely it could not be made the ground of a criminal charge that a writer should speak in praise of England ? If such be the case, then Montesquieu, and all a-ho have written in praise of English institutions must be at once suppressed. If writers are allowed in France to traduce England and its Government, others should be allowed to say something in praise of them.

M. Chaix d'Est-Ange supported.the decision of the court below, and endeavoured to damage the character of the prisoner by contrasting his opinions at different periods. He held that the law under which M. de Montalembert had been condemned was one in force under all -regimes and was required for the protection of the executive. There were for-

merly severe laws in England, and even now attacks against the governs ment are not permitted there. He insisted that M. de hlontalernbert had committed all the offences of which he had been found' guilty. In his reply M. Berryer referred to the grace offered to his client; it was offensive in form.

Ile described the conduct of his client on the 2d of December. M. de gen-

talembert, as President of the Electoral Committee of the Rue des Pp-I/midi, had signed a protest against the forcible dissolution of the National Assem- bly, and he read portions of his letter of the 12th December. -M. Berry& defended his client for not having accepted the grace of the Emperor. In this he only mutated the Emperor himself, who declared to M. Berryer, when visiting him in the fortress of Ham in 1845, that he should not ails for an amnesty from the Government of Louis Philippe. He eajd it was not an act of clemency hut an insult, and he rejected it. The charges of which Count de Montalembert was pronounced guilty by the Police Court arc—I. -Of having excited hatted and ,centempt against the Government. 2. Of an attack against the siiiimiple of *A- venel suffrage and against the right and authority the Chief of the State holds from the Constitution. 3. Of an attack against the respect due to the laws and to the inviolability of the rights which they have consecrated:; offences contained in an article entitled "A Debate on India in the English Parliament." At live o'clock the Judges retired to deliberate. They Ms mained in deliberation full two hours and a half. On again taking their seats, the President, M. Perrot de Chezelles, delivered the judgment of the Court, which reduced to three months, instead of six, the term of im- prisonment imposed by the Police Court; maintained the 3000 francs fine, but by the withdrawal of the second count in the indictment com- pletely freed M. de Montalembert from the effects of the law of the 27th

sinder which, even after completing his Punishment,

*,YOtai15 &en:sported M Algeria or be exiled. ' -Ittiaganiark fsbet.lhe auflittneerwere less restrained in the Imperial Comet Ann- they were ,in the ,IVice 'Court, They expressed their dis- approval, and applause, almost:without check from the bench, and persons pre eeeri taking notes. , he .Graud Duke COUSfentine, coming from Nice, arrived at Paris on 14.0nday. He was den to the Tuileries, and received there by the Kinneror. Count Iralosiski dined with the Emperor and his guest in :the es-mines As it was 'necessary that the Grand Dake-shsedd hasten to

lilt. 'Petersburg, he Started again on his journey on Wednesday. , ,„ „

ne zi-ora states that a very graVe event hes Jed Occureed in one of the principal cantonal towns tif the-department of the. Seine and Oise. ,Illesnayor, an old Offiter ef the fir' empire, haling niet with it earart Oppriaition to some Of Vs proposale'iti the naunieipal council, had three members of that body firreSted by the gendarmerie,' thrown- upon a -cart, and token toloon- fat Fontoiet. One: of she 'eouncillors arrested se- T3' hithelifiatoricalSOciety of France,' and librarian to the Jardin Frantes, will:readily imagine what a commotion has been no- ArtionesCipasthecanton, by this summary end rather too military proceed- -um—, Pie-P.teieranaent Mid justice are inquiring bite the affair.

. -

'[-•T Vitt gal.—The Government ,of Portugal having placed a blue-book intating to the Charletteet-Georgee affair-before the Cortes, that body bap Itnen engaged in discuisins- it ; the opp'osition asserting that the Minis- 'tors are to, Manic for slot having made a-Abney official application to Enema for support. A. correspondent of the Times gives some account of the blue-book, and quotes extracts from the despatches Of Mr. Howard 4ite-13rithils 4inister, to show that he, on behalf Of his Government, not oily timed the Portuguese to submit to France, but suggested the equi- vocal reference of the indemnity question to a third party ; a suggestion tion the Forturese were wise enough to refuse.

Si/lilts—The state of Leinlirdy is by no means pleasing to the .us- The Archduke and Archduchees hare been insulted by a labour- ing' man while walkingnear the Porta Vigentina. Ho has lost the goodwill eof all classes who formerly showed some -personal regard for him.' He iA now received with sullen silence. Smoking is still under a Order interdict. The Times correspondent gives the following " an- ntic " anecdote to show the extent of the presentiment of coming change.

"A well-to-do artisan, whose only son had been taken for the army in virtue of the recent law, applied to one of his employers for advice as to whether he would do wisely in employing his savings in buying oil the i conscript. The advice being given n the affirmative, he then expressed a further doubt. If he gave the Austrian Government what to him was an Important sum to redeem his son, had he not to fear that the "new" Go- vernment would ignore the bargain' as not having been made with itself, and require the young man again to undergo the conscription ? The person addressed, cautious, as people do well to be in Italy, replied (although ens- peeling his interlocutor's meaning) that he was not aware any change of Government was contemplated. The poor man, however, stuck to his text, and declared that it was generally said and believed that the time of a great change was near at hand. '

The Unions of Turin, on the faith of a letter tell this curious story. "On the 11th a curious demonstration took place at Pavia, when a large- number of citizens and students paraded the principal streets four and five days, each with a stump of a clay pipe in his mouth, the bowl being empty and turned downwards, meaning thereby that the procession represented the - funeral of the pipe, all those who had taken part in it pledging themselves to forswear tobacco."

. The Presse says that the soldiers at Milan are ordered in -case they hear one cannon to run to their barracks ; if they hear three to the near- est barrack. A proof that danger is apprehended.

The Grand Duke Constantine laid the foundation stone of a Russian church at Nice on the 15th, with much ceremony.

There were at that time five men-of-war in the harbour of Villa- franca.

6#11i11.--The Spanish Senate debated on the 13th the question of the quarrel between Spain and Mexico. General Prim proposed the insertion of words in the answer to the speech from the throne throwing a direct censure on the government for having acted in a spirit not wise or con- -dilatory. He described the debt demanded from Mexico as half made up of fradulent claims. With regard to the outrages on the Spaniards in Mexico the Mexican government had done all they could to punish the brigands who committed them. If they want war why did not the go- vernment of Spain attack Morocco which had insulted Spain far more than Mexico ? Why not demand satisfaction for the insults offered to Spain by Lord Malmesbury He opposed the contemplated war with Mexico. The Minister for foreign affairs criticised this speech in a mo- derate tone, and said that all the government would do would be to up- hold the rights of Spain. Prim's amendment was rejected.

16T flee i11.—The second elections have turned out more favourably for the Ministers than was expected—the reactionary party gaining no ground. Thus at Liegnitz, in Silesia, a Chief President of Police has been defeated. The ex-editor of the Kreuz-Zeitung, Wagoner, has been beaten at New Stetting. The son of Baron Aranteuffel has been beaten at Cottbus. Count Pourtales winning the day by a narrow majority. Baron Manteuffel, himself is the other member for New Stettin.

An important ordinance has been issued by the Home Office. The Constitution of 1850 guaranteed in general terms the liberty of the press. The Few law of May 12, 1851, enacted the details in the same spirit, securing printers and publishers against arbitrary police proceedings. Notwithstanding this, a method was discovered by the Central Press Bu- reau of evading the law by applying to the book trade the provisions of -the general law of trade (1843), by which the granting or withdrawal of licences is placed in the hands of Government. This invention wassonly put in practice by the ex-Ministry in two instances; but it was there, and hung in terrorena over the heads of the publishers, in addition to the very strict regulations to which the trade is legally subjected. The re- -script now issued by Herr Flottwell, while cautiously avoiding condem- nation of the practice of his predecessor, admits that it was "doubtful," and engages that the measure shall not be applied in any future ease. A publisher will now bo only liable to prosecution before the ordinary courts of law. Besides the value of this measure to the press, it may be regarded as a step towards putting an end to the oppressive system of withdrawing lieences—an arbitrary powersrWhioh:the late Ministry had

used in the most undisguiSed ivay'afs a mererliehing■Oppositiont

deisiese. ‘I: rruill.--ne,Serviam, Assembly, the ptc.b.ina, mat ea the Ilth to the firing:of eantum. The l'rinee of Servies.ernivesli 54 Went at once to the cathedral, whore the Metropolitan-preanhed a sermon.; defining in doing so -the word "libettty."-stDefinitiminot suppliedij Then there was a reception which time- deputies refused -to attends—no "amuse-

ments" until the bu.sinetta'cifiehe counts' clones ' ,

i fl.---The fuller despatches brolight by the Boinloay lcarry us bet, little furthmo thanISIse,„telegreuts., 44a4040,1haaveyar, that Beni iuflueneed,ne 4)&1,4 the SirTK/446rc-gthe Anietkie Rajah, has sent insto Lord!Clyde's.einnp asking whtit terms will be granted to him ; that theBegumliaa =reed:into a strong bite and that the Gmela Nawab Is preparing to depart for Nepaul, s -It wiouldbalaceappear that the district of Salone, Beni Madho's country, waslilmoetr-the.ouly territory between Pertaaghur and the Cawnpoi*-rottd`ret,beittitoffletange Winelilsely to be offbred ; and that westward dr.the Can-46h kniuTetir eolnintiChad.been

so successful that the coun ht be re a its free fi-orti rebels as

up, however,- whose Le consequence of the °minx under Prince _ Khau of Bareilly. It was anticipated that these Would' •bdospeelliktidriven over the Gegra, and that the only rebels left is Undo wevidubeitliose in the Beyratch di-

vision and in. Gonda. ' - .; - zee brew, •

, The surrender of the Amethie Rajah was,114,arAing to the special eters e--- respoudeut of the Times, a very unsatisfaceoty iirocceding. The sepoys in the fort had fired upon Sir Hope Grant tonlye party of cavalry. It was subsequently to this that the Rajah spoked it of is fort unknown to the garrison and gave himself up. Ile Add that the sepoys had fired be- cause Sir Hope Grant had broken an . alleged understanding that the troops shoul4 not come near the fort during that day. Ho and there were in the fort 1500 sepoys and 2500 of' his owia followers. They knew nothing of the Queen's proclamation • -he'had not dared to make it known to them. On the same days talookdar whom Mr.,Bussell calls "Pretty Poll Singh," and another talookdar, "Hurmunt Sing" of Iial- likunker, also surrendered. In the mean time the garrison of Amethie ran off through the jangle. AsSildi brought word that the. place was de- serted, and the troops Marched in. Search was now made for guns, arms, and ammunition. "The Rajah evaded the qUestions pretended ignorance, at last, when threatened with im-Jisonment, admitted there were snore than bad been found, but they were not his guns. "The Val:eel said there were nine—the orthodox number. Major Bar- row, however, persisted. Lord Clyde declared he would keep him pri- soner. Here seemed a pretty beginning for our treaty, and amnesties, and proclamations—forced to break faith by the perfidy of our friend, or rather forced to appear as if we had done so by the neglect of this man to perform his promises. By degrees the Rajah discovered whet we were driving at, poor innocent man! He had only nine rus • but there were other guns in the fort. For instance, one neighbour of his—some Ram, or Singh, or Bux —had deposited three guns in the fort, which did not belong to him ! 'Did we want those ? Oh, really! Well, then, we could have them;' and so on. By the evening, between the admissions of the Rajah and the researches of the artillery, we had screwed sixteen guns more out of the place. The civi- lians have been greatly in error if there were not fourteen more. If they were right, what has become of those guns? The chief returned to camp, and, as there was nothing but jungle to be seen in the fort, most of us fol- lowed his example. The Rajah rode back quasi free, but a pledge for guns, beside Major Barrow. He stays in the neighbouring village with his friend and our friend, Ajeet Sing. He is melancholy and sad, and, though he does not think much of telling a lie, is very tender with respect to his departed honour. His house has been entered by strangers, his fort will be dis- mantled, his guns destroyed. And yet this man has had the address to save all his garrison, to open a fire of round shot against an English General, and to see gathering against his fort the armies of England, led by the Com- mander-in-Chief and two other Generals !"

Provision had been made to dismantle .Amethie and Ranpore.

Some passages extracted from Mr. Russell's letters to the Tinos, writ- ten in the camp of Lord Clyde, may be interesting.

Temper of the Natires.—" The general unfriendliness of the natives in the districts wherein our military operations have been conducted is un- questionable. Information has never been willingly or promptly afforded to our officers. , When given it was extracted by bribes, and then it is not al- ways trustworthy, as the Military Train found to their cost the other day near Jugdespore. On all sides, in every part of India, our generals com- plain of want of information, of want of sympathy, of unfriendliness. Sup- plies are to be had because there is money to pay for them, but it is always incumbent on our officers to march with enormous quantities of provisions the carriage of which absorbs all the transport of the country, and paralyzes iraf- fle. In fact, transport is here, as in the Crimea, one great difficulty. Only the trained, intelligent, and able officers who arc at the head of this Com- missariat, aud who carry on its duties in the field, could meet and over- come the obstacles which beset them at every path. As an instance of the derangement of intercourse produced by this unhappy contest, just take this one fact. Allahabad is 120 miles from Cawnpore. There is a railway be- tween the two cities; the great stream of the Ganges flows past the walls of each, and they are further connected by the Grand Trunk Road; but wheat is sold at Cawnpore for 22 seers or 441b. the rupee, while at Allahabad it is sold for 201b. to 221b. the rupee—just double the prioe that it is 120 miles off. By the recent operations the navigation of the Ganges from Futteghur has been set free, and it may be now considered open from Cawnpore down to Alla- habad also, but most of the country boats have been collected to serve as bridges or have been destroyed to prevent their falling into the hands of the enemy. All the evils produced by this state of things is attributed to us by the people in their usual undiscriminating way. They lay all the blame of high prices and troubled markets on the shoulders of the Government in- stead of on those of their rebellions countrymen. In Oude there is for some cause or other a settled passive antipathy to us. One of Sir Hope Grant's officers, Major Hume, in his recent operations at Derriabad, reports in his despatch,—' Great difficulty was experienced in obtaining any intel- ligence from the neighbouring villages, the entire population being appa- rently friendly to the rebels.' Around Pertaubghur, however, provisions

i were brought n abundantly; revenue is being collected with case, and the natives declared that they would give us every assistance in their power."

Cartridges again.—"Great excitement has been created in a regiment of military police at Lucknow in consequence of their fiuding Enfield car- tridges, greased with pig's and cow's fat, in the ammunition served out to them for service. We walk, indeed, on slumbering fires in this sultry India. far as the ,ftnntiere of Rohi , point waaSectapare, ohad beet-seem gatheling•ofsrebel Areas betwepea e, Fel °se Shah of 016 Delliitibmtl*And liereewene the greased cartridges in the eartoueb-boxes of Hindoes of all castes, and of Maliomedane-sall repugnant to the fat of cow or pig! The aetive officers acted admirably; they searched the men's pouches andhad the Enfield packages removed, but some of the men cried bitterly, and seemed to think Government was bent on ruining them in this world and the next. The worst of the matter is this. The cartridges were, no doubt, placed among the other ammunition for the worst purposes by some scoun- drels who have had access to our magazines ! An investigation into all the circumstances is taking plane at Lucknow, and measures have been adopted to examine the ammunition in future, and to prevent the recurrence of such a dangerous event."

A Scandal.—Mr. Russell complains that copies of the Queen's proclama- tion have been most scantily supplied to Lord Clyde and his officers. Then he -says—"It has, indeed, been asserted that the temper of some of the others of the Government, old, valued, and distinguished servants of the alefunet Company, is opposed to the largeness of the amnesty, and that they have by their words and expressions evinced their repugnance to itispro- viaions. But those words and expressions could not be accompanied by overt acts without bringing on the perpetrators the heavy official punish- ment -

ment which their conduct merited n standing between the Throne and its subjects, and preventing the exercise of the highest prerogntive of the Crown. It will be credited with difficulty that a very distill-

- bed officer of the Government, whose rank in the coencils of the Indian empire is of the very highest, actually suggested to one of the officers charged with the pacification. of Oude that he should not send the proclamation till he had battered down the forte of the ehiefs ; and yet he did so. Had a military officer so far eontravened the orders of his superior, nothing could save lum from disgrace and the loss of his com- mission. The Queen's orders were that every rebel chief should on sub- mission receive the benefits of the amnesty, which were to be made known to him by the proper officer. The suggestion of the Queen's servant was that the officer, before he obeyed the Queen's orders, was to disobey them, and when he had done what he was not to do he was to do that which made the amnesty an insult, a mockery, a delusion, and a snare. A. more dis- graceful suggestion could =treaty have been made to a man of honour; one more ruinous to our reputation, more hurtful to our faith, certainly could not be imagined. Perhaps the Governor-General never heard of it, but the facts I have stated are not the less true."

An Incident at Liteknow.—" Two gentlemen belonging to the uneove- netted ' service (the hardest worked and worst paid of ° the whole of the Indian services, and, without exception one of the most useful and talented) were driving through the town of Lueblow, when one of them, to the utter astonishment of the other, jumped out of the buggy, and, seizing an Affree- die ky the collar as he WIN issuing forth from a shop with a hookah or Indian smoking-pipe in his hand, cried out to his companion for aid in apprehend- ing. the Sedee' which they effectually did. A few words cleared up the as of his friend. In the Affreedie did the former recognize the Murderer of his entire family—a father, a brother, a wife, and a child, who were all hewn to pieces by the very man they so firmly held—he alone es- caping most miraculously. His child, after being decapitated by this vil- lain, was torn asunder by him. Indelible was the mark, unforgotten the countenance, that had deprived him of so many that were near and dear to him. Upwards of a year had passed away since the occurrence of the tra- gedy, but a glance, a passing look, sufficed to identify the fiend, who, though he denies having committed the-atrocious deeds, admits that he wit- nessed them. The Affreedie has been handed over to the authorities for trial."—Post Bombay Correspondent.

The German Legion in Itulia.—The arrival of the German Legion from the Cape forms a new- era in the military annals of India. It is the first incorporation of strangers into the military force of this country; nor do we see any reason why it should be the last. If the complaint of those who still advocate a purely native army for Indiabe well founded ; if it be true, as they pretend, that England cannot furnish a sufficient number of soldiers every year to fill the ranks of British Regiments, there can be no objection to embody foreigners, who are quite as capable of being disciplined, orderly, and trustworthy in action as the soldiers of our own army. The present force' however, comes to us under very exceptional conditions. It is the first instalment of these Condotticri that has now arrived in this country. Still, notwithstanding the peculiar circumstances under which this reinforcement reaches us, we cannot see why the ranks of tho British army in India should not be swelled by mercenaries of a similar kind, nor why regiments should not be raised by recruiting officers in Europe directly for service in this country with the same facility as those which originally formed the German Legion. Is it necessary, indeed, to point out that, however disagreeable to the feelings of Englishmen the enlistment of foreigners may be, such men are vastly preferable to native troops like those which the Presidency of Bengal has boasted of for half a century ? Marignan was won by mercenaries, and Francis I. owed his life to the fidelity of the same men at the disaster of Pavia. We need not despair to find German Legionaries as brave or as faithful if we take care to leave them less numerous than our own British soldiers in India.—.Bombay Standard, Nov. 11.

The Legalaed Trap.° in Female C'hildren in India.—" Six months ago Mr. Toogood, magistrate of Monghyr, discovered that the Cazee were in the habit of registering the sale of girls to brothel keepers on legal docu- ments. Three girls in particular had been so sold to one Arneerun by deeds prescribed as deeds of lease, but which assigned over the girls for ninety years and all the children. The woman was entitled to exact any kind of i service whatever,' and was bound to furnish only food and clothing. Mr. Toogood committed both Ameerun and the Cazee for trial. At first it appeared as if his imagination had for once not played him false. The facts were all clearly proved. Ameerun admitted that she had hired the children. She admitted that they were to be prostitutes. One girl testified that she followed that trade. Another with a naiveté which has in it evena deeper touch of horror than Ameerun's frankness, said she was young, but was being brought up it. The judges seeing these facts, con- sidered the prisoners guilty of a misdemeanour, and sent the case up to the Sudder Court to pronounce sentence. The Sudder Court reviewed the evidence, admitting the facts as proved, acquitted the prisoner, and cen- sured the magistrate for interfering in matters with which he had nothing to do. The reasons assigned for the verdict are as extraordinary as the ver- dict itself. The Cazee who signed the deed is acquitted at once. He had only lent the aid of his judicial office to bind little girls, British subjects, for life to compulsory prostitution. As to the brothel keeper opinicns were divided. The first two judges, Mr. Money and Mr. Bayley, would have unished Ameerun. The latter held that a lease for life was legal, but that the present lease, involving the lease's progeny, was beyond life andillegal.

Being illegal, i the hiring of a girl for immoral purposes was also an offence, and, as an offence, punishable. He therefore inflicted a sentence of two years' imprisonment. The two judges not agreeing as to the extent of

punishment, theessiewaaxeferred toe this- d. Mr. - held-dna:14e proceedings were aS issitio null aud void. The crime was 'not a se ons one,' and the magistrate had no power to interfere. no charge shitiiH have been made by an individual. Sconce went further. He held that Ameerun was rathir an injured individual than otherwise. Hiring h he remarks, -does not • constitute a crime.'-14-iend of "mita, Oct. 28." el ;nark tg trs._The Arabia arrived at Liverpool en Sunday ti dates from New York to the 8th- Peeember. Congress met. on the and having been 'duly organized the President's message wee handed The raessage of Reesident Buchanan is about the average length inf those documents. It occupies about ten columns of the Times. It opiteis with an ;expression of thankfulness to Providence for interposieig.Wre- lieve the country ,froin the sectional strife on the dangerous sultets slavery which raged a year ago, lay counniog as far as possible tation which bad swung up in Kansaa to Kansas itself. As usual,Att message is divided under several heads. • The first is— The Kansas' QueStion. " The Supreme Court of the United States had previously decided that all American citizens have an equal right to take auto the territories whatever is held as property under the laws of any of the States, and to hold such property there under the guardianship of the Federal coestitutioe so long as the territorial condition shall remain. This is now a well-established pOsition, and the proceedings of the last sees:ót. were alone wanting to give it practical cad. The principle has been re- -cognized, in some form: or other, by an _almost unanimous vote of both. Ineities of Congress, that a territory has aFight to come into the Union, either as a free or a slave State, according to. the will of a majority of ilis people. The just equality of all the States haSthua been vindicated, and ,a fruitful source of dangerous dissension among" them has been remered." The influence of these proceedings within Kansas has been very happy; it is now tranquil and prosperous, and immigrants are attracted by thou- sands.. The President then goes minutely into the recent history of the Kansas-question, to show that resistance to lawful authority proves disu- trous to its authors, that the enemies of the territorial government were wrung in refusing to Tote; that this refusal has retarded the admission of -Kaissasns A State ; but that the refusal to vote for members of the Conven- tion did not nullify the conatitution that Convention framed. • President Buchanan then justifies his conduct in submitting the constitution to Con- gress. With his convictions of duty he could have pursued no other course. But, he says, "his to -be lamented that a • question so insignificant when viewed in its practical effects on the people of Kansas, whether decided one way or the other, shoold heve kindled such a flame of excitement through- out the country. This reflection may prove to be a lesson of wisdom and of warning for our future s,euidance. Practically considered, the question is simply whether the pople of that territory should first come into the Union and then change any provision in their constitution not agreeable to'them- selves, or accomplish the very same object by remaining out of the Union and framing another constitution in accordance with their will ? In either case the result would be precisely the same. The only difference in point of fact is, that the object would have been much sooner attained, and the pacification of Kansas more speedily effected, had it been admitted as a State during the last session of Congress." Kansas refused to enter the union under the Lecompton Constitution, and now she cannot enter at all until her population equals the ratio (93,120) required to elect a member of the House of Representatives.

Territories and 2.ceto States. The provision applied to Kansas ought to

be applied to all Territories seeking admission to the Union. " While Congress possesses the undoubted power of admitting a new State into the

Union, however small may be the number of its inhabitants, yet this power ought not, in my opinion' to be exercised before the population shall amount to_the ratio required by the act for the admission of Kansas. Had this been previously the rule, the country would have escaped all the evils and misfortunes to which it has been exposed by the Kansas question. Of course it would be unjust to give this rule a retrospective application, and exclude a state which, acting upon the past practice of the Government, has already formed its Constitution, elected its Legislature and other officers, and is now prepared to enter the Union. The rule ought to be adopted, whether we consider its bearing on the people of the Territories or upon the people of the existing States. Many of the serious dissensions which have prevailed in Congress and throughout the country would have been avoid- ed, had this rule been established at an earlier period of the Government."

Utah Afairs. The President congratulates the country on the condition of Utah compared with its condition a year ago. Then it was in open rebel- lion; now that rebellion has been suppressed. Mr. Buchanan gives the history of the Utah campaign with which our readers are familiar, and adds a passage not so well known.

"In the meantime it was my anxious desire that the Mormons should yield obedience to the constitution and the laws, without rendering it ne- cessary to resort to military force. To aid in accomplishing this object, I deemed it advisable in April last to despatch two distinguished citizens of the United States, Messrs. Powell and M'Colloch,_ to Utah. They bore with them a proclamation addressed by myself to the inhabitants of 'Utah, dated on the 6th day of that month, warnifig them of their true condition., and how hopeless it was on their part to persist in rebellion against the United States, and offering all those who should submit to the laws a full pardon for their past seditions and treasons. At the same time, I assured those who should persist in rebellion against the United States, that they must expect no further lenity, but look to be rigorously dealt with according to their de- serts. The instructions to these agents, as well as a copy of the proclama- tion, and their reports, are herewith submitted. It will be seen by their re- port of the 3d July last that they have fully confirmed the opinion expressed by General Johnston in the previous October, as to the necessity of sending reinforcements to Utah. In this they state that they are firmly impressed with the belief that the presence of the army here and the large additional force that had been ordered to this territory were the chief inducements that caused the Mormons to abandon the idea of resisting the authority of the United States. A less decisive policy would probably have resulted in a long, bloody, and expensive war.' These gentlemen conducted themselves to my entire satisfaction, and rendered useful services in executing the humane in- tentions of the Government. It also affords me great satisfaction to state that Governor Cumming has performed his duty in an able and conciliatory manner and with the happiest effect. I cannot in this connection refrain from mentioning the valuable services of Colonel Thomas L. Kane, who, front motives of pure benevolence and without any official character or pecuniary compensation, visited Utah during the last inclement winter for the purpose of contributing to the pacification of the territory. I am happy to inform you that the Governor and other civil officers of "Utah are now performing their appropriate functions without resistance. The authority of the con- stitution and the laws has been fully restored, and peace prevails throughout the territory." China and Japan. The President offers congratulations on the treaties with China and Japan. The American Minister in China was instructed to cooperate with England and France, but to maintain a neutral position in -U4.1were not suoh as would

41344 , n% Walaelettna.Wata

aisSilatlafes'drialebeliod[Jairitoifs,' ',wit-tat:4r earnest desire that every mis- undertitatidingarikh. ithei Geverinullat Of treat Britain should bel- arneatly and speedily adjusted. It has been the misfortune of both'eatintries, aired:kit .ewessance the period of the Mierolation, tolave been annoyed hy a suebes- don of Irritatingund dangerous _questions,' threatening-theu: friendly rela- tions. This has partially prevented the full development of those feelifigs -of matual frieudakip hetween the people of the two countries, so natural in 'themselves, anti ao oonducive to their common interest.. 'Any serious inter- lion oboupseo between the United States end Great Ihitlein would be equally injurious to both. In fact, no two natione have over existed on the face of the earth which could do each other so much good or so much harm. Satortaining these sentiments; I am gratified to inform , you that the long- -pending controversy between , the two Govennueuta, in relation to the guess- -Una of visitation and search, has been amicably adjusted." Then follows a larief.sketch of the proceedings in the (3 nit of 31axioo ; when remonstrances against the forcible visitations of our cruisers were supported by a naval lone, a'llost fortunately, however, no collision took.place; and the-British Government promptly avowed its recognition of the principles of into/In- tim:al law upon this subject, as laid down by the Government of the United States in the note of the Secretary of State to the British Minister at ?Washiugton, of April 10; 1858, Quell secure, the vessels of the United &at:coupon the high seas from visitation or search in time of peace, under nay circumstances whatever. The claim ,has been abandoned in a manner 'reflecting honour on the British Government, and evincing a just regard for the law of nations, and cannot fail to strengthen the amicable relations hatsveen the two countries. The British Government, at the same time, proposed to the United States that some mode should be adopted, by mutual arrangement between the two countries, of a character which may be found effective without being offensive, for verifying the nationality of vessels sus- pected on good grounds of carrying false colours. They have also invited the United States to take the mitiative, and propose measures for this pur- pose. While declining to assume so grave a responsibility, the Secretary of State has informed the British Government that we are ready to receive any proposals which they may feel disposed to offer, having this object in view, i and to consider them n an amicable spirit. A strong opinion is, however, expressed, that the occasional abuse of the flag of any nation is an evil far less to be deprecated than would be the establishment of any regulations which might be incompatible with the freedom of the seas. This Goveni- meat has yet received no communication specifying the manner in which the British Goverment would propose to carry out their suggestion; and I am inclined to believe that no plan which can be devised will be free from grave embarrassments. Still I Atilt form no decided opinion on the subject until I shall have carefully and in the best spirit examined any proposals which they may think proper to make."

The complications arising out of the Bulwer-Clayton treaty have not been finally adjusted ; but the President seems to anticipate that this last remaining dispute between the two countries will he amicably settled.

.Relations with Spain. The relations between Spain and the United States are in an unsatisfactory condition. 'Various causes have prevented a speedy and amicable adjustment—the frequent changes in the Spanish Ministries being one. The "Cuban claims"—demands for' duties unjustly exacted by .Spam—are of long standing, having begun to arise in 1844. The Spanish Government have offered a third of the amount claimed., "as a special favour." Another cause of delay is that the Captain-General of Cuba does not possess the power of deciding questions on the spot. "We have hitherto in vain urged upon the Spanish Government to confer this power upon the Captain- General, and our Minister in Spain will again beinstructed to urge this subject on their notice. In thisrespect we occupy a different position from the Powers of Europe. Cuba is almost within sight of our shores our commerce with it is far greater than that of any other nation, including Spain itself, and our citizens are in habits of daily and extended personal intercourse with every part of the island. It is, therefore, a great grievance that, when any difficulty occurs, no matter how unimportant, which might be readily settled at the moment, we should be obliged to resort to Madrid, espe- cially when the very first step to be taken there is to refer it back to Cuba. The truth is, that Cuba, in its existing colonial condition, is a constant source of injury and annoyance to the American people. It is the only spot in the civilized world where the African slave-trade is tolerated ; and we are bound by treaty with Great Britain to maintain a naval force on the coast of Africa, at much expense both of life and treasure, solely for the purpose of arresting slavers bound to that island. The late serious difficul- ties between the United States and Great Britain respecting the right of search, now so happily terminated, could never have arisen if Cuba had not afforded a market for slaves. As long as this market shall remain open there can be no hope for the civilization of benighted Africa. While the demand for slaves continues in Cuba wars will be waged among the petty and barbarous chiefs in Africa for the purposes of seizing subjects to supply this trade. In such a condition of affairs, it is impossible that the light of civilization and religion can ever penetrate these dark abodes. It has been made known to the world by my predecessors that the United States have, on several occasions, endeavoured to acquire Cuba from Spain by honour- able negotiation. If this were accomplished, the last relic of the African slave-trade would instantly disappear. We would not, if we could, acquire Cuba in any other manner. This is due to our national character. All the territory which we have Required since the origin of the Government has been by fair purchase, from France, Spain, and Mexico, or by the free and voluntary act of the independent state of Texas, in blending her destinies with our own. This course we shall ever pursue, unless circumstances should occur, which we do not now anticipate, rendering a departure from it clearly jiatifiable under the imperative and overruling law of self-preser- vation. The island of Cuba, from its geographical position, commands the mouth of the Mississippi, and its immense and annually increasing trade, foreign and coastwise, from the valley of that noble river, now embracing half the sovereign States of the Union. With that island under the domin- ion of a distant foreign power, this trade, of vital importance to the States, is exposed to the danger of being destroyed in time of war, and it has hitherto been subjected to perpetual injury and annoyance in time of peace. Our relations with Spain, which ought to be of the most friendly character, must always be placed in jeopardy while the existing Colonial Government i over the land shall remain in its present condition. While the possession of the island would be of vast importance to the United States, its value to Spain is, comparatively, unimportant. Such was the relative situation of the parties when the great Napoleon transferred Louisiana to the United States. Jealous as he ever was of the national honour and interests of France, no person throughout the world has imputed blame to him for ac- cepting a pecuniary equivalent for the cession.' The President lays the whole subject before Congress, and asks for the means of making an advance to Spain immediately after the treaty is signed, without waiting for the ratification of the Senate.

Relations with Mexico. The discussion of this subject occupies a large section of the Message. Mexico has been in a state of constant revolution.

Alt:pm-ties, employ Ow motst, rtprelienoiblp, ineenaitantatert, lanttelfikona fo- reigeam, . The eitizeneset.*allnited Statee new elaim meratkan'ten tail-

Hanker slollars fromthelfeFiesin government • „claims at would Ise vain .o

enforce, because licericeilies'not the means et payees. them. 'There have been numerous inistifnees of the murder; pl ridel'; and immisimment of Americen citize,ni„send no effort has been mode to punish the anthers of 'these eutifigehl.' 13116 ittiemPi 4:raise brought- matters to a mi.- -Isis's-Ma tistilatabVeriitnerityaiii no "attenUtar In the remonstrances of 'the AMericass Vidiator he suspended dinlomatio !reiatiolia. ' This step was eane- -tioied hy hifilesiverntrient. Should the present government of Mexico sub- due the constitutional-forces, all hope of sapeseeful settlement will be at an -end. :Shauldithe'oonatitutionalieta succeed they may grant redress.. " But there is,aacothersview of our relations willshtexicoi :11L:4413g from the un- happy PAW/ 441,Si Of affairs along our south-westsrn frontier; which demands immediate fietiop. that remote regiou„, where there are but few white inhabitants, „Urge'. bauds of hostile !Me! , predatory Indians team pro- 'taiseuonsiy ever the Mexican States, of Chihuahua and Sonora, and our ad- joining tenitoliee The local Governnients of. these' Stites are perfectly helpless', -and tite'kept in a stated constant alerni by -the Indium They have not the power, if they possessed the will, even 'to- restrain lawless Mexicans from passing the border and committing depredations on our re- mote settlers. A state of anarchy RTIII violenee.prevails throughout that dis- tant frontier. The laws area deaddetters. and life and property are wholly insecure. For thisreason the settleincintof.Arizona is greeted, while it is of great importance that a Chain of inhabitants should extend all along its southern border, sufficient for their own protection and that of the-United States' mail passing-to and from California.. : Well-founded apprehensions are now entertained that the Indians and wanderingsMexicaus, equally lawless, may break up the important stage and postal ceminunieation re- cently established between our Atlantic and Pacific pee:sessions. This passes very near to the Mexican boundary, throughout the whole length of Ali- -zone. I can imagine no possible remedy-for these evils, and no mode of restoring law and order on that remote and ,unsettled frontier, but for the Government of the United States to assume 'a. temporary protectorate over the Northern portions of Chihuahua and Sonora, and to establish military posts within thosame; and this is earnestly recommended to Congress. This protectorate may be withdrawn as soon as 100,1 Governments shall be established in, these Mexicali States capOle.ofperforming their duties to the United,Skites, restraining the lawless and preserving peace along the border. I do net dfiubt that this measure Will be viewed in a friendly spirit by the Governments and people of Chihuahua and Sonora, as it will prove equally effeetuill for the protection of their citizens on that remote and law. less frontier as for-the citizens of the United States."

Arizona. This territory has'a population of 10,000 souls; it is without laws and courts. The President recommends that a territorial government shall be established there.

The Transit Route. The neutrality and protection of the routes across the Isthmus for the common use of all nations are the only objects of the American Government in dealing with the Nicaragua transit. They will insist that it shall not be left at the mercy of rival companies, nor closed again by a decree of the Nicaraguan Government. It is. an open highway. Disputes must be adjusted by some fair tribunal and the route remain open. The President recommends Congress to pass an act authorizing him to employ land and naval forces to prevent the transit from being closed by lawless violence ; and declares that a similar necessity exists for such an act for the protection of the Panama and Tehuantepec routes.

Costa Rica and New Granada. With both these countries the United States have long standing difficulties. Costa Rica is menaced with force. unless she concedes the just claims of the United States. A treaty has been concluded with new Granada which will remove all existing causes of com- plaint against her. I .Brazil. Relations with Brazil are most friendly. The commerce is ex- tensive. The Brazilian Government has recently reduced the duty on Ame- rican flour from 1 dollar 32 cents to 49 cents, but the President regrets that the Brazilian Government levies a duty of 11 per cent on the export of cof- fee. As that falls heavily on the consumers of ooffee in the United States, the Minister at Rio will renew his efforts to have it reduced.

Paraguay. The President informs:Congress that he has fitted out an ex- pedition in accordance with the powers entrusted to him to obtain "just satisfaction" from Paraguay, in ease the efforts of the Cfril commissioner should fail to obtain a peaceful settlement.

Domestic Afairs. The monetary crisis occupies a considerable space. The President refers it to "our unsound and extravagant system of bank credits and inflated currency." No Government could have prevented a catastrophe towards which the whole commercial world had been rush- ing for years. He renews his recommendation in favour of an uniform bankrupt law applicable to banking institutions.

The revenue has proved inadequate to meet the expenditure, and Treasury notes to the sum of 20,000,000 dollars proving inadequate to supply the deficiency, the President, as authorized, had raised ten out of twenty millions of dollars by loan. As it would be ruinous to go on borrowing, the President recommends that the revenue should be in- creased by increasing the tariff, and that this should be done by specific duties instead of ad valorem duties. This would afford security against frauds, and confer advantages upon the American manufacturer. The receipts for the year ending June 1858 were, including tho Trea- sury notes, 70,273,869 dollars 59 cents ; which with the balance in hand at the beginning of the year amounted to 87,983,983 dollars 86 cents. The expenditure was 81,685,667 dollars 76 cents. The esti- mated receipts for 1859 are, including loan, 70,129,195 dollars 50 cents; the estimated expenditure 74,065,896 dollars 99 cents, leaving a deficit of 3,936,701 dollars 43 cents. But the Treasury will be able to raise by extraordinary means eleven millions of dollars, which will leave a balance in the Treasury in June 1859 of upwards of seven millions of dollars. The President anticipates a deficit in June 1860 of upwards of seven millions of dollars. Congress is urged to make provision for meet- ing these liabilities without having recourse to a loan. The debt of the United States stands at 74,910,777 dollars. It has rapidly increased since 1857, and thus suggests rigid economy. Enlightened economy does not consist in the refusal to appropriate money for constitutional purposes essential to the defence, progress, and prosperity of the Republic, but in taking care that none of this money shall be wasted by mismanagement in its application to the objects designated by law. Comparisons between the annual expenditure at the present time, and what it was ten or twenty years ago, are altogether fallacious. The rapid increase of our country in extent and population renders a correspond- ing increase of expenditure, to some extent, unavoidable. This is constantly creating new objects of expenditure, and augmenting the amount required for the old."

The President recommends the construction of small war steamers. The post-office expenses are largely in excess of the receipts ; Congress

Jt&nbring"-therMstssianeeqtutlity. The Pacific, railroad is again ! brought Under'tlienotie/rerf Ciregiesti and'tlieT.President gives it as his opinion that if can 'only be Constratted. by itiffividttell'efiterprise 'assisted by gluts of land or Money from COngresa. lie emphatically enlarges TheiCase of the slaver Velez, captured by the DolPliiii" and carried , into,Charlestou is rim...rated try the I'eeeident, mainly. fur the pUrpose.of drawing attentieeti tesethe, -defective state of the law .providing. liorethe transmissible ef names to -Africa. , 'There are doubts whether the 'Pre- sidentsisiautholizedite extend his protection to netpues 'afterithey- have beeii landed" 'in that •'•eountry. •Me.•=111tchanati hire racted'upon the -eon- struetfoltithiced onthe statute by ittrieldonroe, and Itturitakeit care etitit the itegrieadeliveftifi'from the slave hunters of the Eeho are proVided with food and shelter for one year a:Mir/hey landed in Africa. ' Finally Mr. Bechanan thanks Cengrises for having afforded lsithhiillt- cient,tifnc,berore the close of their late,session to examine all thi.2„,bills preeent44 for his approval. "This Change in the practice of Cungreis

• hassproved to be a ivlsoleeome referee.- •