V - , k -. 1 1 ALBANY, LINN COUNTY, OREGON, SATURDAY, JANUARY 13, 18GC. NO. 23. STATE 1 1 STATE RIGHTS DEMOCRAT. ISSUED EVERY SATCRDAY, 13 ALB VX Y, LIXX COUXTY, OGX. v PUBLISHER AND EDITOR. Cfice Tie One Story Building en the -Street nmuing- from the Hsver hy the -Court House, East side, Two Blocks Seats f the tSaia. Bnsiaca street. ; TERMS: ron srrscKXTTxoNi One Copy for One Year - - - S One Copy for Six Months - - - 82 ESSr JSaj-Toent to he Bade in advance in every as.. The Taper will not be sent to any address nlej ordo'red, and the term for which it shall be ordered bo paid for. X "rfgarfiir will 6 made from tkeit termi fa any 'nltn. ' IT.'B.; Timely prior Wea trill te, Rvn to ach Subseriber.of A week 04 Lich h's uH--. . H -a win expire, and unless an order for its eoiisinuaaee' accompanied, with the money, be Ce, the Paper will he discontinued to that address ' ...... . ron ADVEISTtSINa: rer One "Square, ef Twelve Lines, or Lets, One Insertion - - - $3 For Each ' Ss Jsequeat Insertion - 1 A liihcral Redaction from these Rates to Quarterly, Half Yearly and Yearly Advertisers, and upon all Lengthy Advertisements, will be made. GENERAL N0TIC2 1 ... . Correynondents writinsr over assumed sis-nature: r anonynjousiv, mttft make known their proper ames to tne bailor, or no attention will be given W tnoir communications. AH Letters and Comsnonieations. whether on bnsinass or for publication, should be addressed to taaJKditor. .-. v. . .. THE KQTEL TO TRY IN PORTLAND! NEW' COLUMBIAN. 3Vos. IIS, 120 and 122 Front, cox - ner or, "Iorrison Street. GOOD NEWS FOR ALL ! nrtiiE iveit colusidiax hotel g having jnt been elegantly fiui.-bcd, and being tauwveady for the reception of Utreststhe Propri etor woald say to the Citiien of Willamette Valley and cf Southern Oregon, cf the Upper Columbia . and Idaho, and to the travelling public generally, that he is now ready to entertain all who may favor nun w;ta taeir patronage, v AT PRICES TO SUIT. . The Xew ConmsHt is an entirely new bnilding, hard finished, rooms well ventilated and well fur nished, and has capacity to comfortably accommo date fcix Hundred Oa;?ti The Dicing Hcom is iarre and commodious, and has fine suits of" rooms with connecting doors, for families. -. - ! ' - THE T1DLE Will he furnished wnh the best the Market a5ords, nd the Proprietor is determined that no hotel ia Portland sbail excel bis in the excellence, Tariety, and completeness of his table. Hot, Cold and S&ower Eallis, For the Guest, free cfcharge. " '" A Iarge Tire Proof" Safa For the secure deposit of valuables helongin g to Guests. - The Bag-page of Guests conveyed to and from -the Hotel wichent charge. J House open ail sight. ... ..TERMS: . Coardy per Week - t$5 Hoard and Lodging - fY to $10 The Proprietor will at all times endeavor to please hi Guests, and w.mld respectfully aoiieit tne patronage 01 tae traveHvn? pnbS-.c. , P. B. SLSXOTI, Proprietor. Portland, Doc. 25, 1S55. oachiije:shop.i afA;; F. CHERRY, :; " "YYAYIXG PCEC1IASED THE E3T- JLJt.tire jntTrt is the ALBAXY FOUNDRY Ai MACHINE SHOP, I am .O 'Prepared; to Furnisa - , nROUSHT AK3 CAST lHO!i WOEK Of every description, on short notice. Also, - BRASS CASTINGS. :--,--! X3. Orderii for . IJ3I.L WORE v Will be filled with dispatch, and U a satisfactory - , naannor. '. . ;.UOHEJ POWERS " ' V asb ' v. ' . " Agricultural Implenichis 2aahn factored ta order, and particular attention paid to Repairs. . , ,r AH kinds of w- PATTSnri WOES " . ' . v, .;; I- f ' n v done to rder on short notice y A. F. CHERRY, Albacy September 16, 1865. ALB AN Y,OREaON. T HAVE ALTTAYS OJT HAKD, r tr:ll Miinnracture to order, every Etyle of .it the siiortest notice asi lowest possible charges. Bo&rds tat c hed and'planed. l&ort . executed Ja a tyle eot wtrpassed iy aoay , . Shop, in the State. .. -,-.r - ; , ' The Mill is in the lower cart of the town. pa tha river back, at the corners of tba joining claims of the 2donticth aad Haekiaman. " J. B. COMLET. e Albany, Scptcashor 29, 1865. . ... ;UalGEOn,:- .DENTIST," jjate Gradnafe of the v CineinaaU College -cf A Toaid :!ta oiTsr Ik Frsfes4otial gervices iafk itiiens of tlii place ui Stfrrounding country. Offtcb Up stairs TosterV Brk-s: BaEispg. E?ideBre elocgaide-of the PaciSe Bot'eJL. " Albacy, iutssl llzix, 1865. anl4tf. f tra,t :'e W'iil annexed, of tbe estate of. .JviDf McSi-Tl', di-eeased, herebv notifies all f.-ofc liATtiiS cuuim agaiosi said estate," to pre-H f:nt ta same wi.a proper voaciers, to the noder :ned at big resideuee, rlstcen miles eoata of Al--'. Orr?!, wiiiia Ix month from the date of . , , JONAS DAVIS, - Jnaary Ci, I.;.. 3.-4 . , Administrator. CRASoa & Hzus, A.-rs, f,r Adai'r. - JAS. BtXISAIVAX'S HOOK. Ex-President Jaiues Bucbananf eays the Ohio Crisis, ha3 written a history of his important Administration, tvhich was to have been issued front the Appletoa. press on the rst of this month. We have not yet seen a copy of the book, but find in a Philadelphia paper the preface to the work, which we give below. The virup nt and malignant Abolition papers havtf already "reviewed" the book in their usual billingsgate Style, although they have never seen it or read it j but its merits or demerits, whatever they may be, will find a better judge in the mind of the people and posterity, than the foij-and foolish political hacks yJio have cJjT ed sua Ihe iact of? Mr. Buehanan finish ing a history of his times, an opportunity to revive their stupid slanders and ventil ate their senseless malignity. The fact that the venerable ex-President has re mained quiet four years under an "unpar alleled storm of abuse, misrepresentation and ignorant prejudice, calmly waiting his time to defend himself, imparts an interest to his work which it would not otherwise possess. The rreface which A " we reprint below unites that tone of dig nity which belongs to a historian of the scholarly polish of the genuine statesman: Ihtr; following historical narrative of the events preceding the late rebellion, was prepared soon after its outbreak, sub stantially in its present form. " It may be asked why, then, was it nof published at an earlier period ? The answer is. that the publication was delayed to avoid the possible imputation, unjust as this would have been, that any portion of it was intended to embarrass Mr. Lincoln's ad ministration in the vigorous prosecution of pending hostilities. The author deemed it far better to suffer temporary injustice than to expose himself to such a charge. He never doubted the suc cessful event of the war, even during its most gloomy periods. Having drawn his first breath soon after the adoption of the Federal Constitution and the Union which it established, and having been an eye witness of the blessed effects of these in securing liberty and prosperity at home, and in presenting an example to the op pressed" of other lands, he felUan abiding conviction that the American people wouid never suffer the great charter of their rights to be destroyed. To the Constitution, as interpreted bvits'framers. he has ever been devoted, believing that the specific powers, which it confers on the Federal Government, notwithstanding the experience of the last dreary years. are sufficient for almost every possible emergency, whether in peace or in war. lie, therefore, claims the merit if merit it be simply to do one's duty that while in the exercise of executive functions, he never violated any of its provisions. It may be observed that no extensive and formidable rebellion of an intelligent people, against an established rovcrnmcnt. has ever arisen without a long train of previous and subsidiary causes. A prin cipal object of the author, therefore, is to present to the reader a historical sketch of the antecedents ending in the late re bellion. In' performing this task, the eye naturally fixes itself, as the starting point, upon the existence of domestic slavery in the South, recognized and protected as this was, by the Constitution of the United States. We shall not inquire whether its patriotic and enlightened frame'rs acted with wise foresight in yielding their sanc tion to an institution which is in itself a great social evil, though they considered this was necessary to avoid the greater calamity of dissolving: the convention without the formation of our Federal Union, ' - The narrative will prove that the orig inal and eonspiring causes cf all our future troubles are to be found in the long, active and persistent hostility of the Northern Abolitioaiste, both in and out of Congress, against Southern t lavery, until the final triumph of their cause in the election of President Lincoln; and, on the other hand, the corresponding antag onism and violence with which the advo cates of slavery resisted these efforts, and vindicated its preservation and extension up to the period of secession. So ex cited were the parties, that had they in tended to furnish material to inflame the passions of the one agains? the other, they could not have more effectually suc ceeded than they did by their mutual criminations and reeriminations. The struggle continued without intermission for more than the quarter of a century, except within the brief interval between the passage of the compromise measure of 1850 and the repeal of the Missouri Compromise ia 1854, during which the hostile feelings of the parties were greatly allayed, and hopes were entertained that the strife might finally subside. "These peaceful prospects," it will appear, were soon blasted by thearepeal of this com promise, and the struggle, was then re newed with, more bitterness than ever, until the final catastrophe. ' Many griev ous errors were committed hy both parties from the beginning, but the most fatal of them all was the secession of the cotton States. The authorities cited in the work will shoTfsthat Sir- Buchanan never failed, upon all euitabla occasions, to warn his countrymen of the approaching danger, and to advise them of th proper means to avert it. ,,35oti Terore and after he became President,-he was an earnest ad vocate of compromise between the parties to save the Union," but Congress disre garded his recommendations. Even after he had, in his message, exposed the dan- tous condition 01 public affairs- and when it had become morally certain that all his efforts to avoid the civil war would be frustrated by agencies far beyond his control, they persistently refused to pass any measures enabling him or his suc cessor to execute the laws against armed resistance, or to defetid the country against approaching rebellion. The book coneludcs by a notice of the successful domestic and foreign policy of the Administration. In the portion of it concerning our relations with the Mex ican Republic, a history of the origin ami nature of the Monroue doctrine is appro priately included. It has been the author's intention, in the following pages, to verify every state ment" of fact by a documentary or other authentic refcrcuce, and thus save the reader, as far ui may be possible, from reliance on individual memory. From the use of private correspondence he has resolutely abstained. J. B. Wheatland, Sept., 1SC5. ,We sow jnoc3tl to give extended ex tracts from Mr. Buchanan's book, and we ask every reader to peruse them. The vindication of the venerable cx-Prcsideut is complete and unquestionable. He places the responsibility of the war ex actly where it belongs upon the Aboli tion party: CHAPTER Vlir. COXSGRrS PASSES NO MEASrilKS TO ESAEI.E THE PEES1PKST- TO KXECETB TBK LAWS OR DEFEJn THE COVEnXSCNT, We have already seen that Congress, throughout the entire session, refused to adopt any measures of compromise to pre vent civil war. or to retain first the Cottnn or afterwards the Border States within the Union. Failing to do this, and wh:l.-t witnessing the freeessiou of one after another of the Cotton States, the with drawal of their Senators and lieprefenta tives, and the formation of their confed eracy, ft tasthf! impvrolivt t'ufy rf m grcss to furnish' the JWxidi nt or his suc cessor the W(nj of rcpcUin-j force &: force, should this become necessary to pre fer re the Luton. ih"V. ncvcTthetras, rt- fused to perform this duty icith a much pertinacity as they had tnnrttfrd in re pudiating alt measures of comprennite. TEET PECl-IXS TO P.EVIVE THE AFTHORITT OP THE rEPEnAt-jmscititY in sofrn Carolina. 1. Atthe meeting of Congress a Fed eral Judiciary had ceased to exist in South Carolina. The District Judee, the J) trict Attorney, and the United Ptat II t 1 1 , 1 n. I -uarriai iwi res:gnea tneir oitices. Ihe-e ministers of justice had all deserted their posts before the act of secession, and the laws of the United States could no lonjrer be enforced through , their agency. We have already seen that the President, in his message, called the attention of Con gress to this suhjeet, but no attempt was made in either House to provide a reme dy for the evil. THET RErrSE THE AVTITOTUTT TO TIM. FORTH THE HH.IT1A OB ACCEPT VOlCJtTEERS. 2. Congress positively refused to pass a law conferring on the President authority to call forth the militia, or accept the services of volunteers, to suppress insur rections which might occur in any State against the Government of the United States. It may appear strange that this power had not long since been vested in the Executive. The act of February 2. 1735, (1 Stat, at Large, p. 424.) th e'en by law applicable to the subject, provides alone for calling forth the militia to sup press insurrections against State govern ments, without making any similar pr"i sion for suppressing insurrections against the Government of the United States. If anything were required beyond a mere inspection of the act to render this clear, it may be found in the opinion of Attorney-General Black, of the 20th Novem ber, 1860. Indeed it is a plain casus omissus. This palpable omission, which ought to have been instantly supplied, was suffered to continue until after the end of Mr. Buchanan's administration, when, on the 29th July, Congress con ferred this necessary power on the Presi dent. (12 U. S. Stat, at Large, p. 281.) The framers of the act of 1795 either did not anticipate an insurrection within any State against the Federal Government, or if they did, they purposely abstained from providing for it. Even in regard to insurrections against a State government, so jealous wpe they of any interference on the part' of the Federal Government with theiights of the States, that they withheld from Congress Jhe power to protect any ftr8 " against domestic vio lence" except on the application of the LegLLi-oi-e, or of the Executive(when the Legifc'.ti.iio cannot be convened)." Under the act of 1795, therefore, the President is precluded from acting even upon his own personal and absolute knowledge of the existence of. such an insurrection. Before he can call forth the militia for its suppression, he must first be applied to for this purpose by the appropriate State authorities, in the man ner prescribed by the Constitution. It was the duty of Congress, immediately after their meeting, to supply this defect in our laws, and to confer an absolute au thority on the President to call forth the militia, and accept the services of volun teers, to suppress insurrection against the United States, whenever, or wherever they might occur. This was a precau tionary measure which, independently of existing dangers, ought long since to have formed a part of our permanent legisla tion. But no attempt was ever made in Congress to adopt it until after the Presi dent's special message of the 8th January 1861, aad then tJie attempt entirely failed, Meanwhile the aspect -of publio affairs had become more a$d more threatening. Mr. Crittenden's amendment had been defeated before the Comniittae of Thir teen, on the last dayef December j and it was also highly probable that his prop osition before the SeDate to refer it to. a vote of the people of the States would share the same fate. South Carolina and Florida had already seceded, and the other Cotton States had called conventions for the , purpose of seceding.- Nay, more, several of them had already , seized the forts, magazines, and arsenals within their limits. Still, all this failed to pro duce any effect upon Congress. It was a this crisis the President sent his special message to Congress (th January. 18G1), by which he endeavored to imprc.is them with the cecesiity for immediate action. TI concealed nothing from them. Whilst still clinging to the fadtug hope that they might yet provide for a peace ful adjustment of our difficulties, and strongly recommend ing this course," he says : " Even now the danger is upon us. In several of the States which have not yet seceded, the forts, arsenals, and mag acines of the United States have been seized. This is by far the most serious step which has been taken since the com mencement of the troubles. The seisuro of this property, from all appearances, has tecrpurely aggressive, and not in resirty, a4o any attempt to oerce a Stat 0; j rto reaiain in the Union." n?T- , well-known faet that oar Tr?i;uraTmy was on the re mote frontiers, and was scarcely sufBcient to guurd the inhabitants against Indian incursions, aud consequeatly our forts were without sufficient garrisons. - Under these circumstances he appeals to Congress in the following language : " But the dangerous and hostile attitude of the States toward each other hits already far transcended and cast iu the shade the ordinary executive duties already provided for by law, and has assumed such vast and alarming propor tions as to p'nee the subject entirely above and beyond executive control. The faet cannot be disguised that we are in the midst of a great revolution. In all its various bearings, therefore,.! com mend the question to Congress, as the only human tribunal, uader Providence, possessing the power to meet the existing emergency. To them excluni rly b longx the pv;rer to declare vnr or to authorize the employment cf military frce in all can contcwplated ly the Constitution ; and they alone posse? the power to re move grievances which might lead to war. and to secure peace and union to thi distracted country. On them, nnl on them alone, re-!s the rcponsibilitv." Congress might, had they thought proper, lnve regarded the forcible seizure of these forts ami other property, incht 1 ing that of tbe branch mint at New Or leans, with all the treasure it contained, as the commencement of an airurcs-sive war. Beyond question the Cotton Slates had now committed acts of open hostility against the Federal Government. They had always contended that secession was a peaceful constitutional remedy, andfiiat Congress had n power to make war against a sovereign State fur the purpose of coercing her to remain in the Union. They could no longer shelter themselves under this plea. They had by their vio lent action entirely changed the position they Lad assumed; and intead of peace fully awaiting the decision of Congress on the Question of coercion thev had themselves beecue the eoereienists and &3?ai Uuits. This question had, therefore, passed away. A pr.on has ever doubted jfie right or the duty of Congres to pas lavs enabling the Preside t to defend the Union 'against armed rebellion, Con gress, hoiceier, stilt shrunk from the rc fpoimbi?.ify of patting any snrh fates. This might have been commeudable had it proceeded from a sincere desire not to interpose obstacles to a compromise in tended to prevent the effusion of fraternal blood and restore the Union. Still, in any event, the time had arrived when it was their duty to make at the least con tingent provisions for the prosecution of the war, should this be rendered inevita ble. This had become the more necessary as Congress would soon expire, and the new Congress could not be convened for a considerable period after the old one had ceased to exist, because a large por tion of the representatives had not then been elected. These reasons, however, produced no effect. The President's special message (Con. Globe, p. 3 16) was referred, two days after after its date (January 10), by the Houss of Representatives to a special committee, of which Mr. Howard, of Michigan, was chairman. Nothing was heard from this committea for ihe space of twenty days. They then, on January 30, through Mr. John II. Reynolds, of rsew lorfc, one of its members, reported a bill (Con. Globe, p. C4.5, bills of II. R., No. G9S) enabling tho President to call forth tho militia or to accept the services of volunteers for the purpose of protect ing the forts, magazines, arsenals, and other property of the United States, and to " recover possession " of such of these as ': has beeu or may hereafter be unlaw fully seized or taken possession of by any combination of persons wjfatevcr." Had this bill become a law, it wtild have been the duty of the President at once to raise a volunteer or militia force to recapture the forts which had been already seized. But Congress was not than prepared to assume such a responsibility. Mr. Rey nolds accordingly tcithdrew his bill from the consideration of the House on the very day it was reported. On his own motion it was recommitted, and thus killed as soon as it saw the light. It was never heard of more. Then, after another pause of nineteen days, and only a fortnight before the close of the session, the Committee on Military Affairs, through Mr. Stanton, of Ohio, their chairman, on February l8, reported another bill (Con: Globe, p. 1,001, bill 1,003, n. R.) on the subject, but of a more limited character than that which had been withdrawn. Jt is remar table "that it contains iio provision touching the recovery of the forts . and other property which had been already seized by the de linquent States. It ; did no more than provide that (the powers already possessed by the President, under the act of 1795. to employ the militia in suppressing- in surrections against a State Government, should be v extended' to the case or in surrections against the authority of the United states.' -with the additional au thority to "accept 'the services of such volunteers as may offer their services for the purpose mentioned." Thus all hostile action for the recovery of tho forts already seized was excluded from the bill. It is difficult to conceive what reasonable ob jection could be made to this bill, except that it did not go far enough and embrace the forts already seised ; and more especi ally as when it was reported we may re collect that the Confederate Congress had already been ten days in session at Mont gomery, Alabama, and had adopted a pro visional constitution. Notwithstanding ail this, the House refused to act upon it. The bill was discussed on several occa sions until Tuesday, February 20. On that day a motion was made by Mr. Cor win, of Ohio, to postpone its considera tion until Thursday, February 28. (Con. Globe, 1,232.) Mr. Stanton, the reporter of the bill, resisted this motion, stating that such a postponement would be fatal to it It will, said he, " be impossible after that to have it pascd by the Sen ate" (before March 4). He therefore demanded the ayes and noes, and, not withstanding his warning, 31 r. Corwiu's motion prevailed by a vote of 1U0 to 74, and thus the bill was defeated. It may be proper to observe that Mr. ConvTJvhose. motion killed the bill, vas a confidential friend of the President elrcf, thn present in. Washington, anil icas soon thereafter appointed Minister to Mtxico. so ArpnorniATioxs pRoroen ran. tub eifkssb OF THE COTKR.lfEST. But even had Congress passed this bill, it would have proveu wholly inefficient fur want of an appropriation to carry it into effect. The treasury was empty: but had it been full the President could not have drawn from it any, even the most trifling sum, without a previous ap propriation by law. The union of the purse with the sword, in the hands of the executive, is wholly inconsistent with th; idea of a free government. -The power of the legislative branch to withhold money from the executive, and thus re strain him from dangerous projects of his own, is a nece-sary safeguard if liberty. This exists in every government pretend ing to be free. Heuee our Constitution has -declared that " no money shall be drawn from the treasury but in couse quence of appropriations made by law.' It is therefore apparent that even if this bill had become a law. it could not have been carried into effect by the Presidtut without a direct violation of the Consti tution. Notwithstanding these insuper able obstacles, no member rf either House, throughout the tntire session, ever even proposed to raise ot appropriate a single dollar for the d'ftnsr of the GovernmentX against armed rebtlliuti. Congress not j services of volunteers, and for the em only refused to grant the President the ! plovrnent of the navy, if necessary, out- authority and force necessary to suppress insurrections against the United fctates,j but the Hi-Hate by re fvsir.'j to confirm n". 1 Komhuttitm of a (dt-ctor f the Vastoms j for the port of Charleston, effectually tied I hit hands and rendered it impossible for him to collect the revenue within that port. In his annual message he had ex pressed the opinion that " the same insu perable obstacles do not lie in the way of executing the existing! laws for the col lection of customs on the seaboard of; South Carolina as had beeu interposed to prevent the administration of justice un der the Federal authority within the in terior of that State." At .all events, he haii determined to make the effort with the naval force utider his command. He trusted that this might be accomplished without collision; but if resisted, then the force necessary to attain the object must be applied. Accordingly, while inform ing Congress " that the revenue still con tinues to be collected as heretofore at the Custom House in Charleston," he says that " should the Collector uufortunately resign, a successor may be appointed to perform this duty." THE SI5ATR RBECSKS Timor&HOUT THE IXTinE SESSION TO APPOINT A COLLECTOR POH CHARLESTON. The Collector (William F. Colcoct) continued faithfully to perform his duties until some days after the State had seceded, when at the 'end of December he resigned. The President, immediately afterward, on the 2d January, nominated to the fecnate, as his successor, Mr. l'eter Melntire, of Pennsylvania, a gentleman well qualified for the office. The selec tion could not have been made from South Carolina, because no citizen of that State would have accepted the appointment. The Senate, throughout their entire ses sion never acted upon the nomination of Mr. Melntire; and without a Collector of Customs duly appointed, it was rendered impossible for the President, under any law in existence, to collect the revenue. CONGRESS REFUSES AtTTItOUITT TO COLLECT THE REVENUE BY FORCE. But even if the Senate had confirmed Mr. Mclntirc's nomination, it is extreme ly doubtful whether the President could lawfully have collected tho revenue against the forcible resistance of the State, unless Congress had conferred ad ditional powers upon him. For this pur pose Mr. Bingham, of Ohio, on the 3d January, 18G1, (Con. Globe, p, 236, bills II. R., No. 910) the day after Mr. Mc lntirc's nomination to the Senate, re ported a bill from tho J udiciary Commit tee further to provide for the collection of duties on imports. This bill embraced substantially the same provisions, long since expired, contained in the act of 2d March, 1833, commonly called " the Force bill," to enable General Jackson to collect the revenue outside of Charleston, " either upon land or on board any vessel." Mr. Bingham's bili was permitted to slumber pn the files of the louse until the 2d March ihe last day but one before Congress expired (H, Journal, p. 465), when tye moved for a suspension of the rules, to enatse the Mouse to take it v,n aud consider it, but hit motion, proved unsuccessful. Indeed, the motion was net made until so late an hour of the session that even if it had .prevailed, the bill could not have passed bothTIouses before the final adjournment, -Thus the Presi dent was left both without a Collector of Customs, and most probably without any law which a Collector could have carried into effect, .had such an officer existed Mr. Bingham's bill shared the fate of all other legislatiye measures of whatever character, intended cither to prevent or to confront tho existing danger. From the persistf nt refusal to pass any act ena bling either the outgoing or the incoming Administration to meet the contingency of civil var, it may fairly be interred that the friends of Mr. Lincoln, in and out of Congress, believed he teoula be able to settle the existing difficulties with the Cot ton Stales in a peaceful manner, and that he might be embarrassed by any legisla tion contemplating the necessity of a re sort to hostile measures. cosobbss sacs, liatixs tb law as tdet ' POCHtJ IT. The Thirty-sixth Congress expired on the 3d March, 1801, leaving the law juat as thev had found it. They made no provision whatever for thy suppreswon of threatened rebellion, but deliberately re fused to grant either men or money for this purpose. It was this violation of duty which compelled President Lincoln to issue a proclamation convening the new Cougress in speeial session, immediately after the attack on Fort Sumter. Urgent and dangerous emergencies may have arisen, or may hereafter arise in the history of our country, rendering delay disastrous, such as the bombardment of Fort Sumter by the Confederate Govern ment, which would for the moment justify the President in violating the Constitu tion, by raising a military force without the authority of law, but this only during a recess of Congress. Such extreme cases are a law unto themselves. They must rest upon the principle that it is a lesser evil to usurp, until Congress can be assembled, a power withheld from the Executive, than to suffer the Union to be endangered, either by traitors at home or from enemies abroad. In all such cases, however, it is the President's duty to present to Congress, immediately after their next meeting, the cauces which im pelled him hus to act, and ask fur their approbation; just, as on a like occasion. a British minister would ask Parliament for n bill of indemnity. would be diffi cult t hoicevr, to conceive of an emergency so extreme at to Justify or even excuse a President for thus transcending his con stitutional power? iehit.-it Congress, to whom he could make an immediate ap peal, was in session. Certainly no suuh case existed during the administration of the liite President. On the contrary, not only was Congress actually in session, but bills were long pending before it for ex tending his authority in ealling forth the militia, for enabling him to accept the side of ports of entry for the collection of the revenue, all of which were eventually rejected. Under these circumstances. ha 1 the President attempted, cf his own mere will, to exercise thee high powers. whilst Congress were at the very time deliberating whether to grant them to him or not, Le would have made himself justly liable to impeachment. This would ha.ve been for the Executive to set at defiance both the Constitution and the legislatiye branch of the Government. TlIE TALtANDIGHAX AsSAVLT SrORY. The. report having been circulated in the Cincin nati Commercial and other Abolition papers, to the effect that the Hon. C. L. Vallandig ham had been assaulted and made to run for his life by an Abolition mob at Eaton, Ohio, the Enquirer gircs the following cor rect statement of the affair : The statements made by the Commercial of yesterday, in regard to an assault upon Mr. Vallandigham at Easton, are, with a single exception, untrue. The real facts are," simply, that 3Ir. V. went on Monday night to Laton to argue a case in court, and did argue it on Tuesday, remaining in town all day, and at the hotel till some after dark. He went directly to the depot, and the train being behind time, remained at or near the depot for an hour, when, after he wa upon the cars, some cowardly ruffians threw stones. The train remained a quarter of an hour afterward ot the depot, but nothing further occurred, except loud talk aud threats out side, Mr. y. came down to this city the same night, aud remained till )ast evening. The affair was disgraceful enough to the town and all concerned in it, as it actually occurred 5 but even with the exaggerated statements of it, the Commercial adds not one word of condemnation. New Theort of Dietetics. Dr. Erasmus Wilson, quite Celebrated in England, has been lecturing very extensively, and finally published several lectures, to prove that the great body of the young English gentry are annually starved into imbecility and death by the insufficient quantity of their food. A breakfast of tea and toast he does not approve of, and for growing youth, instead of meat once a day, at dinner, he thinks three, times a day would he nono too much. ; Instead of a diet two-thirds vegetable to one-third ani mal food, lie would have it exactly reversed. no speaks ot this chieny as a means ot pre venting disease. The most vital organs, apart from the digestive tube, are, he says, the brain, the lutj-ga and the heart. If these are not supplied ith a sufficiency of whole some nutriment, there are always elements of disease enough lurking round to attack and destroy them. We all. know4 for in stance, that the best sateguard against most fovers and all miasmatic diseases, is a vigor our state of health; and in a southern cli mate to go out of doors before taking break fast is therefore iustlv considered dangerous. In like manner, in the north, where diseases of the lungs prevail, cod liver oil, the richest cream, and indeed a generous diet, is gener ally the best medicine. The muscular fibre of meat, rather than the fat, or a vegetable tood, is the great secret of even the Banting system. Nor ia there any doubt but that the healthy action of the brain and heart depend on plenty of good nutriment. All Wet. The Quincy Union is rcspon siblo for the following: ' A bashful and rather green young fellow 01 uur acquaintance, lnyuea a young iaay 10 attend a bait with him one night last sum mer, ' The invitation was accented, and the couple appeared at the hall. '. After dancing fnr RnmA timA.' M mAflnxr' caw l,ia worhiAr sitting, and sat down beside heri AH "well so far ; but the bashful fellow was at a loss for something no- say. He fidgeted about considerable, and was wcatin nrofusely. Finally, taking hold of his wilted collar, he commenced conversation thus : .'It's power ful wnrm in thin mnm mv shirt's Wet, ain't yours?" His partner blushed, said nothing, and took his arm tor ine ncn uauw From the New York Journal of Commerce. J. : A LESflOX FOR DEMOCRATS. The result of the election, in the State, of New York has surprised no one who took any pains to ascertain the condition of the publio mind. There was very little interest felt in it by the people' at large, and less by the Democrats than, the- Ke publicans. It was manjfcat that, there, was no serious question of principle at stake. Both parties professed to endorse) the President and his reconstruction polU cy, while all the old issues were carefully kept out of sight. Oar readers have ob-. served that we refrained entirely from taking either side in the contest; and this, not because of any desire for neutrality, but because there did not scent to be any serious issue on which we felt it our duty. to sustain either side against the other,5 Sou.- of the Democrats are expressing disappointment at the result, but they have received a lesson which ought to do thenx good. It is very easily read; The Dem ocratic party has ruled the country for long period, with brief intervals. It will probably rule the country again before many years shall have - passed over ns. It will never recover its power, however, until it enters on the eontest with pure and patriotic devotion to those national principles which have been its special charge in past years, and which, involv ing the financial and commercial interests, of the country, as well as the home and foreign relations of the Government, will, of necessity, become hereafter of para-; mount importance to the nation's pros-; ferity. . ' The simple truth is that the Democrat must shake off from them the desire for spoils, and discharge those leaders whose sole object is power and place, before they will again become victors. The election, in this State was nothing but a contest fop spoils. It was a mere race to determine . , who should win 31 r. Johnson. It was the purest folly on both sides to suppose that the President was so weak as to determine his future course, and select his future friends, by the result of a State election of inferior officers, in which no great prin--ciple was involvad. He is no such pnp pet as the political leaders on both side seem ta sqpposejiim. The election in? New York decides nothing, either as tq the reconstruction policy, the negro sufV frage question, the resumption of specie payments, the extension of the National Bauk system, the foreign relations of the Government, or aay other matter of na tional importance. . It was, therefore, exceedingly humili ating to see the leaders on both sides en gaging in a contest for the possession of the President as if he were a ward polk tit-ian, waiting to see whfenf icte was stronger, and ready to throw himself into the arms of the victors. The Republi cans shouted "He is ours, for 'we. elected him ;' while the Democrats shouted ?'He is ours, for we resolved to support him too. and will give the larsest vote." In such a eontest it is not FurprisJng that the people took little interest. ; If the Demo? crats expect to try again, let them abandon the leadership which has shown its weakr ness in this election. The men who man- aged the campaign for them were so evi-' dently mere runners for spoils that the voters were in large numbers thoroughly disgusted. In New -York city, for ex? ample, the only attempt to arouse the public was made by placing Montgomery Blair forward as the accepted champion of the Democracy. For four years the Democratic party here has done ht tie else but protest against the arbitrary exercise of power by the members of Mr. Lin coln's Cabinet. The people were justly astonished at Eeeing the very men who had pretended to be most indignant and furious in their devotion to the liberty of the person and the pres, inviting to their platform and putting forward as tbjj ex ponent of their principles the very "maij who was first in the late Cabinet to sup,, press newspapers, who approved all the. arbitrary arrests and other proceedings had under the '? war poweV," and whq does not pretend penitence, but, tflf the' present day. justifies all those measures. 1 he argument, ot common sense was very simple. . There was no doubt thaV the managers were only seeking success. power, spoils, at any sacrifice of principle. Of course there were thousands of YOters who staid at home, when such leaders asked them to vote. It is not at all cer tain that Democratic principles would. have gained any strength by tha success 01 tne parry under sucn leaaersnip ana . for such objects. It is just as well that the Democratic leaders have received the lesson they are now reading in pain,. The next time they go into an election, mey will pruuauiy nave iuc wibuuui ocw that the people only vote with enthusiasni ' when there is a principle . at stake, and that in contests for spoils, which do not involve principle, they are never likely be pleased with the tricks of politicians, and never look "frith faror on the men. who sink principles out ftf sigljt fof th. sake of gaining power. v . . , . A confirmed bachelor Bised th fonowing argument against matrimony r " Calico: is a great prompter of laziness. If young aaei wish to accomplish anything of momcni eithr er with head or hand, they must keep clear of, the institution entirely. , A pair of swee lips, a pink waist, swelling chest, a pressure or two delicate hands, will do as ta unhinge a man as three fevers, the xz i: a large-sized whooping-cou gh, a pair 01 t ed jawsevEal hydrophobias, an. the v' tor tillV - ' A WobdNto th Fai Sxx. " I hav found," eavi Addison, ",that the men whq are rally mis' fond the omea &Dd wb5 cherish for tfiem the highest respect, a ee. dom the most popular with the sex. great assurance, whoso tongues . are lightly hung, who make words supply tho places of ideas, and place compliment in the room cf sentiment, are their favorites. r A dus i re-, spectfor women leads to a respeetfuj action towards them, and respect is taken by taea fbr neglect or want oflove.';' ' - Josh Billings aya-n" When a man's df deserts him on account of his poverty, hy can't get any lower down ia this world not by land." 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