TWO MORE VETO MESSAGES.
Yi of Colorado Hill.
Washington. .Inn. 2, 1HI7.
The following it tlio message of the
President vetoing tlio bill fur the nd
mission of Colorado os a Stato into
Union :
To the Smate f the I'nited Notes :
1 return to tho Senate, in which
house, it originated, n bill entitled "An
net to admit tlio State of Colorado
into tho Union," to which 1 cfttinot
consistently with my senna of duty
givo my njiirovnl. With tlio cxcep-1
lion of u additional section contain-1
in;; new provisions, it is substantially j
tho same as tho bill of n similar title i
passed by Congress during tho biht
session, su iimiueo. ionic i reunion 1 101
Ins approval, returned with tho ob
jections contained in a message bear-"
in? Onto tno lain or May last, unu yci
awaiting the reconsideration of tho
Senate. A second bill, having in view
the same purpose, has now passed
both bouses of Congress, and been
presented for my signature. Having
jigiiin carefully considered the subject,
1 hnvo been unable to perceivo any
reason for changijig the opinions which
have already been communicated to
Congress. I find, on tho contrary,
that thcro are many objections to tho
proposed legislation ol which I was
not at that time awaio, aud that
while several of those which I then
assigned Lave, in the interval, gained
in Btvength, yet others have been cre
ated by the altered character of the
measure now submitted. Tlio con
stitution under which this State gov
ernment is proposad to be formed very
properly contains a provision that all
laws in force at tho time of its adop
tion and the admission of tho .State
into the Union shall continue as if the
constitution bad not been adopted.
Among these laws is one absolutely
prohibiting negroes and niulatloes
lrom tho right to sit as jurors.
This bill was vetoed by the Governor j
of tho Territory, who held that by the
laws of tho United Stales negroes and
mulatlocs are citizens, and subject to
the duties as well as entitled to tho
rights of citizenship. The bill, how
ever, was passed, the objections ol tho
Governor to tlio contrary notwith
standing, and is now a law in tho Ter
ritory. Yet in the bill now before me,
by which it is proposed to admit tho
Territory as a State, it is pro)vosed
that "there shall bo no denial of tho
clectivo franchise or any other rights
to any person by reason of raco or
color, excepting Indians not taxed."
The incongruity thus exhibited be
tween the legislation of Congress and
. that of tho Territory, taken in con
nection with tho protest against the
admission of the .State, hereinafter re
ferred to, would seem clearly to in
dicate the impolicy and injustice of
tlio proposed onnctment.
It might, indeed, ls a subject of
grave inquiry,aiid doubtless will result
in eueli inquiry if this bill become a
law, whether it does not attempt to
exercise a power not conferred upon
Congress by tho Federal Constitution.
That instrument simply declares that
Congress may admit now Stales into
the Union. It nowhero says that
Congress may make new States for
tho purpose of admitting them into
the Union for any purpose. And yet
this bill is as clear an attempt to make
the institutions as any in which the
people themselves could engage. In
view of this actiou of Congress tho
House of Jlpoju-eHt'iitativce of the Ter
ritory haveosrnestly protested against
being foitod into lli Union without
first having tho question submitted to
tho people.
Nothing could be'mMe reMnnablo
than the iioaition which they thus
ssume,and it certainly cannot be the
purpose of Congress to force upon a
community, against their will, a gov
ernment which they do not believe
themselves capable of sustaining.
Tho following is a copy of tho pro
test alluded to as officially transmitted
to me :
Wnrlivtft, It Is announced Id the pulilie prints
that it is the intention of ronaress to admit Colo
rado a a Htnte into the I'nion ; therefore,
Itrtnlrtd, bj the Hon.t nf t'preiCHlatirf ttf
tais Jernforjr,- J hat, rfprosenting a we lo the
last and on!)' legal elpn-ssiou of public opinion on
tbi auction, wo c.irni't!y protest against the
T-assatro of a law admitting the State without first
having the question rubwiltrd to a vote of the peo
ple, lor the reaious:
'irat. That we hart ft ripht to ft toiee in the
s-. rlien ef the eaariu-UT of aur (rovernmcnt.
&coa. That we hare not a sufficient population
4o support the expift es of a rotate gorornuirnt.
for th-se reasons wc trut that Congress will not
loree npoa as a (rot-cmincnt against our will.
Upon information which I consid
ered reliable, 1 assumed, in my mes
sage of the 5th of May last, that tho
population of Colorado was not more
lut ta thirty thousand, und expressed
tho opinion that this number was en
tirely too Sinn!! oither to ns.sutno the
responsibility or to onjoy tho privi
leges of a State.
It appears that previous to that
timo tho Legislature, with a view to
ascertain tho exact condition of the
Territory, had passed a law authoriz
ing a census of tho population to be
taken. Tho law mado it tho duty ol
the assessor in tho several counties
to take tho census in connection with
tho annual assessments; and in order
to secure a correct enumeration ol the
population, allowed them a liberal
compensation for tho service by pay
ing them for every name they return
ed, and added to their previous oath
of office an oath to perform this duty
with fidelity. From tho accompany
ing official" report it apjicars that re
turns have been received from fifteen
of tho eighteen counties into which
tho Stato is divided, and that their
population amount in tho aggregate
to twenty-four thousand nine hundred
and nine. Tho threo remaining coun
ties are estimated to contain three
thousand, making a total population
of twenty-seven thousand nino hun
dred and nine.
This census was taken in tho sum
mer season, when it is claimed that
tho population is much larger than at
Jtny other period, ami in the autumn
, miners in largo numbers leave tboir
work and return to the East with the
result of their summer enterprise.
The population, it will I observed, is
but siiifhtly in excess ol ono fifth of
tho number required as tho basis of
representation lor a singlo Congres
sional district in any o? tho States,
that number being 127,(il0. 1 am
una Mo to perceive any good reason
for such great disparily in tho right
of representation, giving, ns it would.
? tLu j-i'i'j.Ic iif t'ol'Tado, nM "lily
JU IF
GEO. B. GOODLANDER, Proprietor. PRINCIPLES-NOT MEN. TEEMS-$2 per annum, in Advance.
VOL. 38-WIIOLE NO. 2005. CLEAKFIELD, PA., THURSDAY, FEB. 7, 18C7. NEWSEKir;S-YOI, 7,N0.29.
this vast advantage in tho House of
Ileprcseiitativcs, but an equality in
the Senate, where the other Slates are
represented by millions. With per
Imps a single exception, no such ine
quality as this bus over before been
attempted.
1 know that it is claimed that tho
population of tho different States at
tho time of their admission has varied
at different periods, but it has not
varied much nioro than tho popula
tion of each decade, and tho corre
sponding basis of representation for
the different periods. The obvious
intent of tho Constitution was Unit no
Stato should bo admitted with n less
population than the ratio (ur a Repre
sentative at tho time of Application!
Tho limitation in the second section of
the first urticlo of the Constitution,
declaring that "Each Stato shall have
at least one Representative," was man
ifestly designed to protect the States
which originally cooipusaJ tho Union
from being deprived, in tho event of a
waning population, of a voice in the
popular branch of Congress, and was
never intended as a warrant to force
a new Stale into tho Union with a
representative population far below
that which might at the timo h re
quired of 6ister members of the con
federacy. This bill, in view of tho
prohibition of the same section which
declares Unit "llio unmoor 01 Kcpro
sentatives shall not exceed ono
for
every thirty thousand," is at least a
violation of the spirit if not of the
letter of tho Constitution.
It is respectfully submitted that,
however Congress, under tho pressure
of circumstances, may have udmittcd
two or three States with less than a
renreseiitative iKinulalion at tho time.
there has been no instance in which
an application for admission has ever
been entertained when tho popufa
tion, as officially ascertained, was be
low thirty thousand. Were there any
doubt of this being the truo construc
tion of tho Constitution, it would bo
dispelled by tho early aud long-continued
practice of tho Federal Govern
ment For nearly sixty years after
tho adoption of tho Constitution, no
State was admitted with a population
believed at the time to bo less than
the current rates for u I!prcsentative,
and tho first instance in which there
appears to have been a departure
from tho principle was in 1S45, in the
case of Florida. Obviously the result
of sectional strife, we would do well
to regard it as a warning of evil rath
er than as au example for imitation.
I think caudiu men of all parties
will agree that tho inspiring cause of
this wholesome principle of restraint
is to bo found in a vain attempt to
balance those antagonisms which ro
fiircd to be reconciled except through
tho blood) arbitrament of urms. The
plain farts of our history will attest
that tho great anil leading States ad
mitted since l4f, vin : Iowa, Wiscon
sin, California, Minnesota and Kansas,
including Texas, which was admitted
that year, have all como with an am
ple population forono Representative,
and some or them with n-jai ly or quite
enough for two. To demonstrate tho
correctness of my views on this ques
tion, 1 subjoin a table containing a list
of tho States admitted since the adop
tion of tho Federal Constitution, with
tho date of admission, tho ralio of
representation and the representative
population when admitted, deduced
from tho United States census table,
tho calculation being made for the per
cent, of (he decade corresponding with
tho dato of admission :
Pate of
A'lmi'.ion,
l?tl
17115
KWI
1N02
1115
ISIS
1SI7
si
1SI9
120
121
i wn
lS4i
1IS
S4S
fr,n
li.'.S
l.M
p. II
iti
Plates.
Vermont,
Kcntnrky,
Tennessee,
Ohio,
!oniiana,
Indiana,
Mississippi,
Illinois,
Alaluiuia,
Maine.
M issourt,
Arknnsas,
Mirhi?nn,
Florida,
Tinas,
I owa,
Wisconsin,
California,
Ore (Ton,
Minnesota,
Ksnsas,
West Virginia
Nera'1.1,
In IS,0
Itatto. P.
?:i.u(io
.1.1,11110
s.i.onn
3.i."0
3.S.0.III
pnlation.
(Ij.fi.lK
7.1.sf,
SV4I.1
7S.?1J
iiH.no
41.271
11I.1MI
j..'i:i.'.
6!i,2.iil
(1.S.27J
i;..7
7...t
'IK0...127
1. '12..'i7J
2. M1.407
U2.YI7
44.010
l:is,ioiti
1U7.20S
S4H.02S
II.I.IMMI
.L'-.tiuO
S.i.tMM)
n...o'o
3."..eoo
47.;t'0
47.700
Tu.r.wn
7o,fi!o
7ii.tio
70.fiA
"ll.OHfl
.1,4I'3
M.4KU
HIU'.'S
M,4'.'2
lir.li.-O not known
I, it .'. ..i-.iwier.il
1 ..I'M .uu. hiiivii iv in i j-. .--"-v - . t , - i . I .
to admit as a Stato, claims, as has ul-; sixty days within which to obtain ac
rcady been stated, a population le-s ' tion on tho conditions proposed by tho
than twenty-eight thousand, whilo third section of tho bill,
tho present ratio of representation is There arc, as it is well known, largo
one bundl ed and twenty-seven thou-! portions of tho Territory with which
sand. There can bo no reason that I ! there is and can bo no general corn
call perceivo for the admission of Col- ! municulion, thcro being several conn
orado that would not apply with equal ties which, from November to May,
forco to :icarly every other Territory i can only bo reached by persons trav
now organised, and "1 submit whether, j cling on foot, whilo with other regions
if this "bill become a law, it will bo;of the Territory, occupied by n largo
possible to resist the logical couelu-
1 sion that such Territories as Dakota,
Montana and Idaho must be received
I States whenever they present them-
j selves, without regard' to tho number
'of inhabitants they may respectively
contain. Kight or ten new Senators
and four or five liepresentatives would , wcrecuoeu kwuht, mm, u. i-uu.-,
thus bo udmittcd to represent a pupn-1 equally impracticable to procure the
lut ion scarcely exceeding that which c.cction of a new body,
in ony other portion of the nation is j This delect might have been renie
entitled to but a siiiido member of the ,licJ i- nn extention cf tho timo and
House of J!cprcs'iitalivcs, wioio mo a submission ol tlie question to me f councils ol tno nation, and that her
i average for two Senators in tho Union, poople, with a full opportunity to ena-; people tlesiro an excliango of a Torri
'as now constituted, is at leat one ,e them to express their sentiments, j torial for a Stato government, good
j million of people. J Tho admission of a new Stato has j faith would seem to demand that sho
i It would surely bo unjust to all' generally been regarded as nn epoch . should bo ndinitted without further
! other sections of the Union to enter i in our history; but ufler tho most requirements than those expressed in
I upon a policy with ward to the ad- j careful and anxious inquiry on tho , tho enabling act, with all of which, it
mission of now Stales which mi"ht
, result in conferring such a tlifpropor
.- - : .i.
UOIIftie snsro l inuiicm-a i" mo oa
tionsl legislature upon communities
which, in pursuanco of tho wise policy
of our fathers, should for somo years
to nuns t.n rotnincrl under the foster -
inrs onre nnd tirotoction of the Nation
ul Govcniint nt. If it is deemed jukt
, ,1 D
and expedient now to depart from the
settled policy of tho nution during all
its history, and to admit all tho Terri
tories to tho rights and privileges of
States, irrespective ol their population
or fitness for such government, it is
submitted whether it would not bo
well to deviso such measures us will
bring tho subject before the country
for consideration and decision.
This would seem to bo evidently
wise, because, as has already been
stated, if it is right to admit Colorado
now there is no reason for tho exclu
sion of other Territories. It is no an
swer to these suggestions thut an ena
bling act was passed aulhorir.ing-ttic
people of Colorado to take Vttion on
this subject. It is well known "Thut
that act was passed in consequence of
representations that tho population
reached, according to some stutments,
as high as eighty thousand, and to
nono less than titty thousand, and was
..OH-ini t-!li n .. t !i 1 1 . u;liw.li I... f m
.viiii luiainj-iyuj .iiu, mi
lime ineuuuiis; o:: to uu DJConsuuiiua
tcd, would secure a population of over
a hundred thousand.
These representations prove to have
becu wholly fallacious, und, in addi
tion, tho people of the Territory, by a
deliberate vote, decided that they
would not assume tho responsibility
of a State government. By that de
cision they entirely exhausted all pow
er that was conferred by the enabling
act, und there has been no step taJioii
sineu iii ieiaiiou to mu utjiiiiaiou iijul
has had the slightest sanction or war
rant of law. The proceeding upon
which the present application is based
was in the utter nbsenco of all law in
relation to it, and there is no evidence
that tho. votes on tho ciuestion of the
1 forinulion of a State government beur
"ny relation
whatever to tho senti
ment of tho Territory. Tho protest
of tho House of Kepresentatives, pre
viously quoted, is conclusive evidence
to tho contrary.
But it nono of these reasons existed
against this proposed enactment, tho
bill itself besides being inconsistent in
its provisions in. conferring power up
on a person unknown to the laws, und
who may hnvo ft legal existence, is so
framed us to rei.derits execution al
most impossible. It is, indeed, a ques
tion whether it is not in itscll a r.ulli
ty. To say tho least, it is of exceed
ingly doubtful propriety to confer the
power proposed in the bill upon tho
"tiovornor elect," for as by its own
terms the Constitution is not to tako
etrect until after tho admission of tho
State, ho, in tho meantime, has no
more authority than any other pri
vate citizen. But even supposing him
to bo clothed with sulliciciit authority
to convene tho Legislature, what con
stitutes tho "Stato Legislature," to
which is to bo referred tho question
of llicconditlons imposed by Congress?
Is it a new body to bo elected and
convened by proclamation of tho Gov
ernor elect, or is that body which met
moro than a year ago under tho pro
visions of the State Constitution f 15y
reference to ihc second section of tho
scliedulo and eighteenth section of tho
fourth article of the State Constitu
tion, it will be seen that the term of
tho members of tho House of I'epre
sentatives and that of one-half of the
members of Ike Senate expired on tho
first Monday of tho present month.
It is clear that if thero were no in
trinsic objections to tho bill itself in
relation to the purposes to bo accom
plished this objection would bo fatal,
us it is apparent that tho provisions of
tho third sectiou of tho bill to admit
Colorado havo relerenco to a period
and a sUto of facts entirely different
from tho present ond nfluirs as the'
now exist, and if carried into effort
must necessarily lead into confusion.
Even if it were settled that tho old
and not a now hotly was to act, it
would be found impracticable to exe
cute the law, becuuso a considerable
number of the members, as I am in
formed, havo ceased to bo residents of
tho Territory, and in tho sixty days
within which tho Legislature is to bo
convened nft:r tho pussago of tho act
thero would not bo suflicient time to
fill tho vacancies by new elections,
were thero any authority underwhich
they could beheld. It may not bo
improper to add that, if the proceed
ings wero all regular, and tho result
to be obtained wuro desirable, simple
ljuslico to tho pcnplo of tho Territory
i would rcntiiroa lonirer period than
portion of the population, t Intro is very
littlo freedom of access. Thus if. tho
bill should become a law, it would be
j impracticable to obtain any expression
of public sentiment in reference toits
provisions, with a view to cttlight-
j en tho Legislature, if tho old body
subject, I cannot perceivo that tho
proposed proceeding is in conformity
with" tho policy which, from tho origin
t of tho Government, lias unilormiy
prevailed in tho admission of new
tlstes. I therefore return tho bill to
i tho Senate without my signature.
AnPHT.W Joll.NSON
Washington, Jan
LN, 1-
00.
H!vfe;fe
Vo or lite 'rhrauka Bill.
Washington, Jan. 2!), lSf7.
Tho following veto mcssago has
been communicated to Congress by
tho l'resident :
2'o the Senate of theUnited States :
I return for reconsideration a bill
entitled "An net for the admission of
tho Stato of Nebraska intotho Union,"
W hich originated in the Senate, aud
hits received the asonlo( both houses
of Congress. A bill having in view
tho suiue object was presented for my
approval a lew hours prior to the ad
journment of the lusl session. But.
submitted at a timo when 'there was
to opportunity lor i proper consider
ation of tho subject, i -withheld niy
signature, und the muasuru failed to
become a law.
It appears by the preamble of this
bill that the people of Nebraska, avail
ing themselves of the authority con
ferred upon them by the act passed on
tho lUlli duy of April, Ixt 14, "have
adopted a Constitution which, upon
dun vasiminution. is found to conform
to tho provisions and comply with the
conditions of said act and to be repub
lican in its lorn of government, and
that they now ask. for admission into
tho Union." This proposed law would
therefore seem to bo based upon tho
declaration coulaiiicd in tho enabling
act, thnt upon compliance with its
terms the people of Nebraska should
bo admitted into the Union upon nn
equal fooling with thcoriginul States.
Itcfercneo to the bill, however, allows
that while by the lirst section Con
gress distinctly accepts, ratifies, con
firms tho Constitution and State gov
ernment which tho peoplo of the Ter
ritory have formed for themselves, de
clares Nebraska to bo ono of tho Uni
ted Stules of America, and admits her
into tho Union upon an equal footing
with tho original States in all respects
whatever, tho third section provides
that this measure "shall not take ef
fect except upon tho fundamental
condition that within the Stato of
Nebraska there shall bo no denial of
the elective franchise or of any other
right to any person by reason of
race or color excepting Indians, not
taxed, and upon the further funda
mental condition that tho Legisla
ture of said State, by a solemn pub
lic act, shall declare tho assent of said
Stato to tho said fundamental condi
tion, ami shall transmit to tho Presi
dent of tho United States an authentic
copy o! said act, upon receipt where
of tho President by proclamation,
shall forthwith announce tho fact;
whereupon said l'uudtjj.iiUil condition
shall bo held ns part of tho organic
law of tho Stato, and thereupon, and
without any further proceeding on tho
part of Congress, tho admission of said
Slate into the Union shall bo consider
ed ns complete."
Tho condition is not mentioned in
the original enabling act, was not con
templated at the timo of its passage,
was not sought by tho people them
selves, has not heretofore b.-en applied
to tho inhabitants of any Stato asking
admission, and is in direct conflict
with the Constitution adopted by the
peoplo, and declared in the preamble
"to be republican in its form of gov
ernment," for in that intstrument'the
exercise of tho elective franchiso, and
tho right to hold otlice aro expressly
limited to whilo citixens of tho United
States. Congress thus undertakes to
authorize and compel the Legislature
to chango u constitution which it is
declared in tho preamble has received
the sanction of tho peoplo, and which
by this bill is "accepted, ratified and
conlirmcd" by tho Congress of the
nation.
Tho firxt ami third sections of the
bill exhibit yet further incongruity.
By the ono Nebraska is ndinitted into
the Union upon an equal footing with
the originul States in all respects
whatsoever, whilo by tho other Con
gress demanded, ns a condition prece
dent to her admission, requirements
which, in our history, have never been
nsked of any people when presenting
a constitution and Stato government
for tho acceptance of tho law making
power.
It is expressly declared by tho third
section, that the bill "shall not tako
effect except upon tho fundamental
condition, that within tho Stato of
Nebraska, there shall bo no denial of
tho electivo franchise, or of any other j
right to any person by reason of raco
or color, except Indians not taxed."
Neither moro nor less than tho asser
tion of tho right of Congress to regu
late tho elective franehiso of any Stato
hereafter to bo admitted. This con
dition is in clear violation of the Fed
eral Constitution, under tho provision
of which from tho very foundation of
tho government, each Stato has boon
loll frco to determine for itself tho
qualification necessary for tho exercise
of sullrago within its limits without
precedent in our legislation; it is in
marked contrast with those lim'ta
tions which, imposed upon States that
from timo to time have becomo mom-!
beis of the Union, bnd for their object
tlio single purposo of preventing ony
infringement of tho Constitution of
tho country. If Congress is satisfied
that Nebraska, at tho present time,
possesses sullicient population to enti
tle her to full representation in the
is asserted in the preamble, tho inhab
itanlfi buve complied. Congress may,
under the Constitution, admit now
States or reject thorn j but the peoplo
of a Slate can alone mako or change
their orgmiio low, and prescribe the
'nullifications rcquisito for electors.
Conrrress, however, in passing the
A bill in its shape in wnicD it lias ben
m
submitted for my approval, does not
merely reject tho application of tho
people of Nebraska for present admis
sion ns a Stato into tho Union on the
ground that the Constitution which
they have submitted restricts tho cx
erciso of tho electivo franchise to tho
white population, but imposes con
ditions which, if accepted by tho Le
gislature, may, without the consent of
tho people, so chango the organic, law
as to make electors of all persons
within tho Stato, without distinction
of raco or color.
In view of this fact,, I suggest, for
the consideration of Congress.whelhcr
it would not be just, expedient and in
accordance with tho principles of our
Government, to ullow tho people, by
populur vote, or through a convention
chosen by themselves lor that purpose,
to declare whether or not they will
accept the terms upon which it is now
proposed toadmit them into the Union.
'1 his course will not occasion much
greater delay than thut which tho bill
contemplates when it requires that the
Legislature shall bo convened within
thirty days after this mcasuru shii!!
have become a law, for the purpose of
considering and deciding tho condi
tions which it imposes, and gains ad
ditional forco when we consider that
the proceedings attending tho forma
tion of tho Stato constitution were not
in accordance with tho provisions of
tho enabling act; that in tho nggro
gato vote of 7,770 tho majority in fuvor
of the constitution did not exceed 10(1,
and that it is alleged that, in con se
quence of frauds, even this result can
not bo rcceivod as a fair expression of
tho wishes of tho people.
As upon them must full the burdens
of a Stato organization, it is but just
that they should be permitted to do
termino for themselves a question
which so materially affects their inter
ests. Possessing n soil ami a climato
admirably adapted to thoso industrial
pursuits which bring prosperity and
greulness to a people, with the advan
tage of a central position on tho great
highway that will soon connect the
Atlantic and Pacific States, Nebraska
is rapidly gaining in numbers and
weulth, and may, within a very brief
period, claim admission on grounds
which will challenge univcrsalossent.
She can, therefore, wisely and pa
tiently aiToriljto wait. Her population
is said to bo steadily und even rapidly
increasing, being now generally con
ceded as high as forty thousand, and
estimated by somo, whoso judgment is
entitled to respect, at a still rcator
number. At her preaont rate of growth
sho will, in a very short time, have
tho rcquisito population to entillo her
to a representation in Congress, and,
what is far more important to her own
cil icons, will have realized such ad
vantages in material wealth as will
enable tho expenses of a State govern
ment to bo borno without oppression
to the tux-payers. Of now communi-'
ties it may bo said with esecial force,
and it is truo of old ones, that the in
ducements to emigrants, other things
being equal, is in almost tho precise
ralio of tho rate of taxation. The
great States of tho Northwest owe
their marvelous prosjicrity largely to
tho fact that they wero continued us
Territxi ics until they hail grown to bo
wealthy and populous communities.
Andrew Johnson.
Washington, January -"., ISO".
m
A California wifo writes from San
Francisco to her husband in tho in
terior: "Dear sir It may bo proper,
and perhaps my duty, to inform you
that ubout two months ago I succeeded
in getting my divorce from you, and
also that I havo married strain. You
may continno your monthly remit
tances, as I may need them for your
three children."
An enraged parent had jerked his
provoking son across his knee, and
was operating on the exposed portion
of the urchin's person with great vo
hemence, when tho young ono dug
into tho parental legs with bis venom-j
ons littlo teeth. "Blazes ! what are;
you luting me lor: " cll,tlad, you
begined this 'ere war
A lady of high rank and exquisite
tasto having reud nn advertisement of
a 1oniloii silver smith, in which it was
stated that by the electrotype process
waiters ami other articles could not
bo distinguished from tho real things,
sent her three loot men nnd page to bo
eleclrotyped by tho advertiser.
An Arabian having brought blushes
to a maiden's cheek by tlio earnest
ness of his gaze, said to her: "My
looks havo planted roses in your
cheeks; why fori id me to gather
them 1 The law permits him who
sows to reap." And he reaped.
A widow lady received a present of
a turkey. "Who sent it f" sho nsked
of tho Irish porter. "I was told not
to tell." said ho. "Ah, 1 can guess,"
said tho lady. "Bedad," said the
porter, "that's just w hatl told Deacon
Grunt."
"Thou rainest in this bosom," as
tho chap said when a basin f water
was thrown over him by tho lady ho
was serenading.
Though a wavelet bo a littlo wavo,
antl a ftowrct a littlo flower, yet a
bullet is not a little bull, nor a hamlet
a littlo ham.
Tho country is being flooded with
"strictly privato and confidential" let
ters from lottery swindlers. Look
out for them.
A Stato Temperance Convention will
will bo held in JIarrisburg on tho20th
of February.
Save the child andyou save the man.
CAN.
j.
The Suprtme Court.
srr.r.cn or hon. jkremiaii 8. black.
Tho following Able speech was de
livered on the evening of the b'lh ul
timo, at tho National Hotel, Wash
ington, at tho banquet given in honor
of the fifty-second anniversary of tho
battle of New Orleans. The speech
was made in rcsponso to a toast com
plimenting the United States Supreme
Court :
Mr. Chaihman: In tho history of
this country it lias never before been
thought necessary cither to toast the
Supremo Court or delend it. lint
times have changed. Very recently
attacks full of bitter malignity have
been made on that tribunal, and mcas
urea aro deliberately taken to break
down its authority. Considering by
whom theso assaults aro mado, and
what the object of thom is, it would,
perhaps, bo better to encourago them,
since it is certain that in tho long run
they enn do no barm to anybody but
their authors. If you have a viper to
deal with, or a nest of vipers, it is bet
ter to keep them biting at a file than
anything else they con lay their teeth
to. Still, it mu' not be inappropriate
to look for a moment at tho occasion
of the present persecution.
Threo private citizens of Indiana,
perfectly innocent of any offense 1
say perfectly innocent, because, up to
this lime, no human being has ever
legally sworn even to a belief of their
guilt theso citizens wero arrested,
kidnapped, and carried beforo a body
of men wholly without power to med
dle with them not authorized even
to swear a witness for them or against
them and thcro, after a proceeding
which it would bo mockery to call a
trial, they wero ordered to bo killed
on a certain fixed duy. In this con
dition of things the judicial authori
ties intervoned, and, with tho aid of
President Johnson, the victims were
rescued.
When tho cause como into tho Su
premo Court tho simple question was,
whether a citizen could be lawfully
deprived of his life without ft fair,
honest trial, beforo an impartial jury
and a regular court. To this there
could bo but ono answer, and that
answer was given vnanivwu.ili, all tho
judges yielding their full and unro
sorved assent to it They held, in ef
fect, that the pretended .rial was a
conspiracy, and that tho execution, if
it hud taken place, would have been a
mere lawless murder. What else
could they do? To hang men with
out judge or jury is an act so clearly
forbidden by the fundamental law
thut no ono can make any mistake
about it, if ho has senso enough to
know his right hand from his left.
Tho prohibition is written down as
plain as any ono of the ten command
ments; thero is not a sentence in the
Lord's Prayer moro simple; not a
moral precept can bo found in tho
child's primer that is moro easily un
derstood. Yet the court is vilipended,
and abused, and slandered for saying
it. Tho organs of disunion and anar
chy publicly proclaim their determin
ation to disregard tho decision, not
because it is erroneous, but becuuso it
confines their power by limits incon
veniently narrow. They declare thut
they will do, in defiance of it, what
ever gratifies their own passions or
promotes tboir own interests ; and
they impudently use this very express
ion : "If the law statute in our tmy, to
much the worse for the law."
Mr. Thaddeus Stevens, tho leader
and driver of tho "present Congress,
denounces this decision on tho floor of
the House. To my certain knowledge
he knows it to bo perfectly right. Tho
senseless twudtllo ubout banging Amer
ican citizens by the law of nations,
on criminal accusations of their own
goicrnmont, could not for a single, in
stant imposo on un understanding like
his. Hut ho slai.ders tho judges for
deciding what he knows and what
they know to bo truo, for no conceiva
blo reason except his desire that his
particular friends may continuo to en
joy tho delightful luxury of shedding
innocent blood.
Tho judges, nnd all who think with
them, aro called traitors becanso they
declare tho Constitution to mean what
it says, and becauso they will not vio
late "it themselves or permit its viola
tion by others when they can prevent
it. If this conflict for and against tho
Constitution implies treason on cither
side, tho guilt tloes not lio at our door.
It is not the man who sustains nnd
loves nnd believes in the laws of his
country that can be justly called a
traitor. But if there bo an American
citizen anywhere who, with on oath
upon his conscience to support the
Constitution, would mako war upon
it, subvert it by bruto forco, and tako
away tho defenses it affords to life,
liberty, and property, leaving them
to the mercy of mobs, murderers, kid
nappers, military commissions, and
bureaus of military justice, such a man
is thoroughly a traitor:
"Are, from the extremrst npward of his hcail
To the draient and dust rs-neath his feot,
A most Uiatl spottr-it Irnilor."
Theso arrows which they cast
against us, barbed and poisoned with
tho accusation of treason, rebound
from our inpcnetrablo armor, nnd fall
hnnnless at our feel; for wo arc shield
ed and helmed, nnd wenponed with
tho truth; but if wo chooso to tako
them up and send them back at our
adversaries, wi would leuvo them
quivering in their very hearts.
A great truth, on which tho snfety
of so icty and tho security of individ
ual rights must depend, is in its na
ture indestructible. You may crush
it to-day, but it will renppeor and vin
dicnto itself to-morrow. On tho other
hand, nothing is so evanescent or so
fickle as tho passions that spring lrom
tho interests and the prejudices of the
hour. I,ct the lessons of histor' bo
! heeded. Titns Osts, Bcdtoe, and
Iliiiigcrfield enjoyt'd a fur greater
monsuro of popular confidence Ihsn
ever was bestowed on Mr. Hull, Mr.
Conover,Mr. Camplmll, alias llonro,
or upon nil I bo officers, agents, spies,
delators, and witnesses of tho Military
Bureau put together. They I mean
Oatcs and company wero loudly ap-
phtuded In Parliament; they wero tho '
primo favorites of the British peoplo,'
ond they wero tho very darlings of all
the clerical politicians. They held
tho life and honor of the nation in our
hands. If they but pointed a finger
at any individual ho was doomed, and
no purity of previous character, no
proof of innocence, however clear,
could savo him from destruction. Such
was their overflowing prosjicrity ono
year; but beforo the next came round
thoso wretched niiscrennt-i were bowl
ing at tho cart's tail, under the lash
of tho public executioner, nnd tho
whole population of London was clap
ping its hands with joy. Let the man
who puts bis trust in a fulse populari.
ty beware of tho rebound which is
suro to come, sooner or later. It is
written down among tho unchangea
ble decrees of Almighty God that no
lio shall live forever; and especially 'u
this truo of a great, monstious, bloody
lie, like that which the Supremo Court
bus put its broad loot upon.
1 havo spoken of tiic. courj Col-
lectivo body. All tho judges concur
red in the decision of the question
before them. On a merely speculative
point which lay outside of tho record
there was a dissent. The minority
was wrong, of course, as all minorities
aro. Each judge, however, met his
duty to tho cuso itself, nnd all are
therefore entitled to tho reverence and
respect which is due to tho highest
talent, coupled with tho purest integ
rity. Hut one among them is primus
inter pares, not because ho is bettor or
greater than tho others, but becauso
bo is moro fortunate Ho was select
ed as the organ of the majority, and
gave expression to their judgment.
Tho thoughts that breathe and tho
words that burn all over that opinion
arc his thoughts and his words. The
irresistible logic which goes through
and through all adverse argument,
and the felicity of illustration which
makes the whole subject blazo with
light, are his own. That great pro
duction will bo a gnido and a land
mark for all future timo; it identifies
its author forever with the great causo
of constitutional liberty, und makes his
"fine of the few, the immortal names,
That srera not bora to die."
It gives him a jiosi tion to which no
earthly station can add any dignity,
for a man of just ambition would al
ways rather be a public benefactor
than to hold high office.
Mr. Chairman, when you recollect
that the court has saved us from no
thing less than tho total overthrow of
our free government, and when you
obscrvo tho roaring and foaming of
tho calumny which assails it, 1 think
you will agree with mo that it is tho
duty ol every Christian man in Amer
ica to put up a morning and evening
prayer for the long life of all the
judges, and the perpetual preservation
of their just authority.
Trouble trilh the Mndinnm.
Washington, Jan. 2!), 1SC7.
Tho following is the substance ol a
letter just received from an officer at
Fort I'hil. Kearney, by a gentleman
in this city:
The threo post forts, Phil Kearney,
Reno and Smith. aro in a state of scigo.
All tho Sioux Indians, including thoso
w ho committed the ntrocities in Min
nesota, aro in tho neighborhood. Tho
garrison of Fort lioiio consists of threo
companies of infantry, not full, with
only one piece of artillery. Fort n.il.
Kearney has four pieces of artillery
and fivo companies of infunlry, only
ono half effective, and n tew mounted
men. Fort Smith has two pieces of
artillery, two companies of infantry,
and 2S mounted men, amounting i.i
tho oggregato to4(K) men ; so you cau
perceive that theso posts aro in a stftto
of seigc.
Tho nias of the Indians lire on
Tonguo river, ubout l.Vi iniies from
this post. Our coinmuiiic.ti inn viOi
Fort Smith is entirely tut oil'. S-ov
fifteen hundred lodges of Indians uiv
located at that point, including tho
Hlackfeet, Cheyeunes and Arrapupocs,
mo wnoio number amounting to be
tween four and fivo thousand. They
aro well mounted and armed. They
hnvo several times attacked tho wood
trains, and wero onon ono occasion
badly whipped.
On Friday, Dec. 21, they made
their nppcoratico in small numbers
near tliu fort, and challenged ns to
fight. Col. Carrington shelled them,
killing a pony and driving out thirty
Indians from their covert. Captain
and Hrevet Lieut. Col. Fellermun,
Capt.'llrown and Lieut. Grmnmond
wero ordered out to protect tho wood
train, which had been nttacked. Capt.
Fellermun commanded tho infantry,
and Lieut. Grummond tho cavalry,
numbering twenty-scven men, nnd
Capt. Drown somo mounted teamsters
nnd citizens, tho wholo force amount
ing to about eighty men, about filly
of whom were united with Spencer
rifles, and the remainder with Spring
field muskets. Tho officers, instead
of obeying orders, allowed themselves
to be decoyed from the positions they
had been ordered to take, and conse
quently fell into an ambush and wero
all cruelly murdered.
The writer, who is on duly at Fort
Kearney, was ordered by Col. Carring
ton to prjeeed to a point five miles olf
ond ascertain if tho wood train was
safe, and then to join tho command.
After proceeding about threo miles he
found tho train safe, and then attempt
ed to join Capt. Felleruian, but it being
impossible, be immediately sent to tho
fort for reinforcements. Forty men,
under a captain, wero sent out, ond
reached tho sceno of action just in
timo to witness tho murder of the lust
victims.
The poor fellows who had thus been
wantonly murdered wero found piled
in heaps. About fifty of tho bodies
wero brought into the fort.
m m
lion. David Ritchie, formerly and
for six years a nioinbcr of Congress,
from Pennsylvania, died suddenly in
Pittsburg on Thursday.
An advertiser says: Wanted
fimalc who has a knowlcdgo of fitting
boots of a good moral character."
a