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UIs 4 eS oum Site Texas s Blounudary iiestitou. 1'o me Senate awl Jfouse of tep-esentaires: I hoerwitlh traeoist, to the two I louses of Congress,-a lefttortoiw his Eccelloney the Goveortrot Texas, dated on the l4th day of June'last,--addressed to the late Presi dent of the United States, which,, not hav ing been answered by him, carne into my hands on his death; and I also transmit a copy of the answer -which l have felt it to (i nyduty to-cause- to be made to that conimnunicatinn. Congress will perceive that the Govern nor' of Texas officially states, that by authority of the Legislature of that State, he despatched a special Coinmissioner, with full powe'r and instructions to extend the civil jurisdiction of the State over the un organized countries of El Passe, Worth, Presidio, and Santa Fe, situated on its northwestern liiits. - lie proceeds to say, that the Cominis sioner had reported to him, in an oflicial form, that the military officers employed in the service of the United States, station ed at'Santa Fe, interposed adversely, with the inhabitants, to the fulfilment of hi:, ob ject, in favor of the establishment of a se parate State Government, east of the lRio Grand 'd within the rightful limits of the Sta f Texas. These tour counties which Texas proposes to estal slih and or ganize, as being within her own jurisic tion, extcndover the whole of the territory east of the Rio Grande, which has, hereto fore, been regorded as an essential and in * tegral part of the I)kpartment of New Mexico, anw actuallyt trovernel and possess ed by her people, ninon conquered and sev cred frn the Itepublic of lMexico by the American arms. The Legislature of Texas has been call. ed together by the Governor, for the pur pose, tt is understood, of un iotaing her clain to the territory east of the Rio Grande, and of establishing over it her own jurisdiction and her own laws, by force. These proceeditigs of 'T'xas may well arrest the attention of all branc hes of Ilie (overnietit of the United States, anti I rejoice that they occur while the (Congre'ss is yet in session. It is, 1 fear, far front he iig inprobable that, in consequence of these proceedings of Texas, a crisis mray be brought on which shall stuinnno the two houses of Contrress-and still more em platically the Executive Gove--mneint--to an immediate readiness for the p'erlormance of their respective luties. By the Constitution of the Uii ted States, the President is const it uted cioiininnter-in chief of the army and navy, and of the mili tia of the several States, when called into the actual service of the UInitedh States. The ('onstitutanti decr;i rs, :dso, in'it he shall take care that tie laws he faithfunlh executed, and thit Ie sh:i. from ti-ne to time, give to the Co ugress iot, rma;t; ,n of the state of the Utnion. Congress has power, by tie (onstiitution, to provide for (alling for the miiltia to ece cute the laws of the tnion; anl suitable appropriate acts of Congres-; have lien passed, as well for providing for calling forth the militia, as for placing other suita ile and efficient means in the hands of the President, to enable hitm to discharge the constitutional functions of his office. TO second section of the act of the tt t 1jg thpf Fpbruary, seventeen hun " dSvedeclares, that whien the United Statesshall be op sd, or efr execution sobstrpfteil, in tite, by combinationts*too.j orful to bto suppressed( by the ordlinarv' Edirs~e of judicial proceed(inigs, or Ihe piower~'mted in the mtrarhl, the Presidenmt many callI forth the railitia, so far as moay be necessary, toj supprl)ess sneh combmaiatiions anid to ca use thme laws to lie duly executed. By the act of March 3, 1807i, it is provi died thiat. itn all cases of tobstruictiotl toi the laws, either of the United States or anyv in. diavidhual Statte or Territory, where it is lnw. ful for the President to callI forthI t he' ihI tia for the purpoise oif causing the law~s to be duly execntedl, it shialIlibe lawvfu lf fr himi to employ for the samie puorpo ses,t suh part of the lantd or naval force ttf the U nited Statesi as shall lie jttdked inecessa rv. These several enauctumtents are now itn full force; so that. if thle laws oif lihe I ia ted States are opposed or oti!arioteid, int alty State or Tlerritiry, byV combmeations ti powverful to tie supipre-si'd by the judti;tl or civil aui' horities, it beonoes au case int which it is the tduty of the Il'rcsidet, en iter to call out the mnihtia tir tto emtphav the niil t ia or to emplitv thle iitatrv' :ti-ih ni:wal force of the United States, or to do botht it in his judgmeunt the exigency of lie oca sion shallI so recluime, fior thle lpu rposelI of su p pressing such comtbintition. The cotnsti ttu tini il ut y tt thle P rishtleit is plain aittl peremiptory; a nI-l th authoi rity vested ini hitm biy law, tor its peLrfoirmlanti , clear and ampl te. TeXxas is a State attthtoryali t aitin~t her own hi ws, sit fatr as they ari not! repir ntant to the Cinstittion, laws andi' tri tints agraitnst her altoityit aiti to pui-h those who tny~ coaiit ireas~on ai it t ti'. State, accordhintg ti thle torims~tn prvid by' her own Constittio nt an heri l~ aws. But all this power is liira! atl oitneidti entirely wvithitn t her litits oft Texasi heorslf can tie Iawful Ily exercised leond lu'r own t biotirndaries. All this is plaitn, aiid htordl nv eels argiu netit or elucidhation. If The.'ai ihnita, therefore, intarch iti anty onte if the thter States, rtr ito any Therritiorv tf thie Utnitied States, there to e'xectto or ienforce aity law~ o fTex as, they beccomte at t hat minitrtes piasser's; thiey are to lotnger iundter the pro-. tection oif atny lawful anthiority, :nnil are to be regarded merely ar. itttrudihrs, andil wit hiin such State or Terr'itotry they 'Abstrimet any la w of the United States, eithe'r by pow er of armis or mere piower oh nonbers, citn s ittiniig stuch a cominjiationi as is tin pow erfulI toi be supptlressedl hv thle 'iviI auithuori ty, thet lPresidentt of thle I ntiteid Stat 's has no opitioni left to himtt, tiut is btound ton obtey the soletimt intjunctuin oif the (Coiistituttiom, and2( exer-cise thle highi piowers veitedt ini by him that iinstrtinient aid by the Acts ot Congress. Or, if atny cvil ote~t, armned or uiinoel. enter into any Tcrritory (it the Uniitedh States, ui nder the pro(ttion of the Itaws Itereof, with initent to, seize imhvidua~ls toi be carried elsewhlere fo r tril Iior alledigedh offecs, and this psse lhe t ou poiwert ii to he resisted by the local atid tci atihoritities, such soaztre or attempiht to seize is tio lie prev'entedh or resistedJ by) the atuthlority ofi the United States. .Tho grave and imiportanot cinestion now armaes, whiethiet therm be in lie Terr'itoiry of New Mexico anuy existitng laiw oft lhe Un miteid 4Ntates, oppositijolt to which, or theobihstruc tion of which, would const itulte a case cal. hng for the intorposition of t lie authority Vested in the Prosidenit. The Conistitutioln of the Utnited States dIeclaros that '"this Constitit ion andh thp lws of the United States, which shahl 604 j purnncethereof, anid all the frerts"afle, or 1ihich it i lie inade, un.i be the supremielaw ofthaaI'.Ifthi*h fore, New Moxido be a Territoryef tie Ui ted, States and; if any treaty etipuiation b& in force- therein, such treaty stipulatioh is the law of the-land, and. is to be-nlaintain. od and upshold accdrdingly.. In the letter to the Goveritor of Texns, my reasons are given for believing that New Mexico is now a Territory of the Uni ted States, with the same- extent and the same houndaries which belonged to it, while im the actual possession of the Re. public of ioxico, and before the late war. In the early part of that. war, both. Califor. nia and New Mexico were conquered by the United States, and were in the military possession of the United States at the date of .he treaty of peace. By that treaty the title by conquest was conirimed, and these territories, provinces, or depnrtments, separated from Mexico for ever; and by the same treaty cert-tin im portant rights and securities were solemnly guarantied to the inhabitants residing there til. By the fifth article of the treaty it is de clared, that "The boundary line bet.ween the two Republics shall commence in the (tulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, oth. erwise called the Rio Bravo del Norte, or opposite the month of its deepest branch if it should have more than one branch emp. tying directly into the sea; from thence up the mddle of that river, following the deep. est channel where it has more than one, to the point where it strikes the Southern bouidary of New Mexico; thence West. v:rdly along the whole Southern boundary of New Mexico, (which runs North of the town called Paso,) to its Western termina. lon; thence Northward along the Western line of New Mexico, until it intersects the first br:anch of the river Gila, (or if it should not intersect any branch of that river, then to t he poit on the said line nearest to sich branch, and thence in a direct line to the samce:) thence down the middle of the said branch of th said river, until it empties into the tio Colorado; thence across the Rio Colorado, following the division line be t w'en IUpper and Lower California to the 'acitic ()ein." The eighth article of the treaty is in the followu iig terms: "Alexicais now established in Territori. es previously belonging to Mexico, and w hict remain for the future within the lim its of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any tint It the ;Mexicani Republic, retai - ing the property which they possess in the sail Territories, or disposing thereof, and renclolving the proceeds wherever thev plccte, without their being subjected, on this acc'ount, to any contribution, tax, er clarlce whatever, -Those who shall prefer to remain in the s.id Territories may either retain the title and rights of Mexican citizens or :el'uire those of citizens of the Uni ted States. hut they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the sail 'T'erritories after the expiration of that year, without hav ing declared their intention to retain the character of Mexicans, shall be considered to have been elected to become citizens of the United States. "In the said Territories property of ev ery kind, now belonging to Mexicans not established there. shall be inviolably res pected. .The present owners, the heirs of these, adtd l . Mexicans who nay'hereaftor accltlire saidi property Iby contract, shlall en. joy, with1 respect to it, gularanties egntally anciple as it tile samei belonged to citizens of I he0 UiJtedt States." The nlinthl article of thle treaty is in these wvorids: "Thte Alexicans who, ill tile Territories afocresacid, shall not preserve the character of cit izenus of thle Mlexican Republic, con. tfomably wvithc what is stipulated in the pcreceeing. article, shalhl be inlcorpcorated into th li n Itiln of thle Uniitedi States, an~d bce acdmliited at the propier timei (to be jntdg ed ofi, byte Cngrecs ocf thle U. States,) tocth ejoymllent of all the rights oft citi zens ocf thIe Uniteda States, acccorin te to t lie p rudiniles ocf thIe Conttit ut ion; nd in lie cii'anlttile shall b~e mal~inltaineld andl pro tcc?.ed inc thie tree enjoym~lent of their hbcer ty amucl hpreoperty, :a9 c ulitcredl ini the tree exer'ine ot the ir rel igion, wit hout restric It is plaint, thcerefore, on thce face of these treaty stipuilationls, t hat aill M1exicancs es. tallihed ini territocries north or east of the line of detinirkation already mlentioned, come wvithcin the proltectoin ofi the ninth ar iele: anid that the t rea'y, being a part of the suplremce law of the landi, does extend over a1lltch~ Mexicains, and assucres to thiein per. feet seculrity in the free enijoymctenct of itheir hblerty andci property, as5 "el as ini the tree *'xercics( of thleIr rehigioci; andl tis supremle law~ oh thec IamII bincg thus1 ill actuiaI force diver t his territory, is ico be maicntacined' until it ,hc~cl be dlisplaiced or sccpecrsedled byv thcer leral rvi Ins; andci it it it hce obstructed cor re'sistedl by dcomicincationi s too ipowerful tic beC 1 suppressedl by thle civil antllhority, tile ca e isonec whicihi dcmes wvithiinc the pcrovis ions of the lac w, accd whl:chi obb1ges thce Presi dlent itc enfocrc e these pcroi~ion)s. Nellther lihe onistituOtionl, ncor tile laiws, nor ccnv dutv, nor myW oathi of i lice, leave mle anyi~ alter. tnative, or anyl (1citt in myimode tcf action. Thle lExecutive G;overnmrcent of the U~ni ted Stales has no power or authority to de lerccnne1 what was te tue line of bon uda ry bletwveen ci exice andtil thIe Uniited Stactes bcefore t he t reaty ofl Gmtalupe~lO liidal, noi r has it' ancy sch powit eer now, since liw Ilceitio h11las hercomce a cinestion bet1weenl thle Sta to Iof Texas acid It ec iitedc Sttes. Seo far as5 this boundtlarv is doubci~tul, that cdeobt tcn only bce remoiveed by somae art of e Cngress, to whlichl Ihle adssent of tile Stale of TIexas mcay bce necessary, or biy somceap piroplriate mtodie of legal adjludicatioIn; buit in lice iceatime if dhistutrbacesci or coll Iisdins acrise or shlrccd be ticreate ned, it is ab~si. Iluttelyc incumbillent on1 the Execuitive (Gav erncmecit, howeover painful lice dutty, to take care t hat thce laws be falthlfulIly mcainine md; mid lie cani regard ocily thle aictucal st ate ocf tincgs as it ex isted at thie dacte of lice treaty acid .islound to, protlect all inihiabitants whocc were thien estabbhed~i, andc wiho now~i re min icno~rth andie east ofi tile line of (dmarka tion, inc the foll cnjocymlent of thleir liberty and0 proplerty a(ccrihng to lice provisions oh Ice 9th1 art it1cl ofite t reaty ; inc ct her words, afl10 must Ice noew regairded as New Mclexico whiichl wvas posessedCi acnd o(ccuid as New .\iex icc byV cclitizcns cc of Mexic at the date cclf t treatyv, tintciildelinite lince oh bound-lci acry shI:i ibe1 estabblshed b hy compelI(tenlt an t hority. Thicis assertio of1 c duty) toI protect lice pceople of Newv Mexco I ricm threatened vio lece, or frocmI seozicre, to Ice ca rriedl in. toc Tlexaes for trial tcr allegecd ofhees acgainlst TPex an laws, doces not at all inchlude ancy clim ofl powlicer oni lice part of the Ex cttivec to estabblshi any civil or milit ary governmeint withini that Territory. Tht power bielcongs excluisively to the legisia live dhepartccmnt, and Uccngress is the solo judge of tho I imec andc manner ocf creating or athoicrizmcg any stuch governmenlts. The duty or thce Excctcic eemt.s only to the uexotltib otlavi Wd' thl1i51%6117 ance of treaties actually, In forop, and the protection allethfioaple of-the United States in trid enjoyment of the rights which those-treaties and laws guarantee. It is exceedingly desiable that no occa sion should arise, for the exercise of the powers thus vested . hr the P'eeident by the constitution and the laws, with- what. ever mildness those-powers might be exe cuted, or however clear the case of neces. sity, yet consequence might nevertheless follow, of which no human sagacity can foresee either the evils or the end. laving thps laid before Congress the conmuumcation of his Excellency the Gov ernor of Texas, and the answer thereto, and having made such observations as I have thought the occasion called for respecting constitutional obligations which may arise in further progress of things, and may de volve on me to be performed, I hope I shall not be regarded as stepping aside from tpe line of my duty, notwithstanding that I am aware that the subject is now be fore both Houses, if I express ny deep and earnest conviction of the Importance of an immediate decision, or arrangement, or settlement of the question of boundary be tween Texas and the Territory of New Mexico All considerations of justice, gen eral expediency, and domestic tranquility call for this. It seems to be, in its charac ter and by position, the first, or one of the first, of the questions growing out of the acquisition of California and New Mexico, and now requiring decision. - No government can be established for New Mexico, either of State or Territory, until it shall be ascertained what 9Now Mexico is, and what are her limits and boundaries. These cannot he fixed or known, till the line of division between her and Texas shall be ascertained and estab. fished-and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should be established by Congress, with tie assent of the Gov ernment of Texas. In the first place, this seems by far the most prompt mode of pro ceeding, by which the en-i can be accom plished. If Judicial proceedings were re sorted to, such proceedings would neces sarily be slow, and years would pass by, in all probability, before the controversy could be ended. So great a delay, in this case, is to be avoided if possible. Such de lay would be every way inconvenient, and might be the occasion of disturbances and collisions. For the sanme reason I would, with the utmost deference tothe wisdom of Congress, express a doubt of the expedien. cy of the appointment of commissioners, and of an examination, estimate, and an award of indemnity to be made by them. This would be but a species of arbitration, which might last as long as a suit at law. So far as I am able to comprehend the case, the general facts are now all known, and Congress is as capable of deciding on it, justly and properly now, as it probably would be after the report of the Commis. sioners. If the claim of title on the part of Texas appears to Congress to be wel founded, in whole or in part, it is in the competency of Congress to offer her an in demnity for the surrender of that claim. In a case like this surrounded as it is. by many cogent considerations, all calling for ami cable adjustment and immediate settle ment, the Government of the United States would be justified, in-my opinion, in allow ing an indemnity .to Texas, not unreasona ble and extravagant, but fair, liberal, and awarded in a just spirit of accommodation. I think io.event would-be hoiled-with mnore gratilication by tie people of'the Um ted States, than the amicable adjustment of quest ions of difliculty, which have now, for a long timne, agitated thme country, anid occupied, to the exclusion of other subjects thme time and attentier of Congress. Ilaving thus freely cominunicated the results of my own reflection, on the most advisable miode of adjusting the boundary qtuestion, I shall, nevertheless, cheerfully acquiesce in any other mode which the wisdom of Congress may devise. Anid, in conclusion, I ropeat my convic tioii, that every conisiderationi of the public imterest, manifests the necessity of a pro vision by Congress for the settlement of tis boundary question, before the present session lbe brought to a close. Thme settle. nment of othier questions, connected with thle same subject, within thme same period, is great ly to he desiredl; but (lie adjustment of tis appears, to rme, to be in the highest degree important. In the train of such an adjustment; we may well hope that there will follow a return of harmony and good will, an increased attachmenit to the Union, anid thie general satisfaction of the country Ini the Ilouse when the Message was read Mr. IIowano of Texas rose and spoke as follows: Mr. Ilioward said: On the present occa sion I desire to make only a very few ob servationis on thie miessage of (lie President of thie United States. It is as unfortuii-gre as it is extraordinary. It can have no oth er tenidency at tis critical juncture of public afflirs than to prevent an adjustment of this boundary controversy, by defeating thie passage of (lie bill iintroduced into thme othier wing of the Capitol on yesterday by the Senator from Maryland, which miight, in all probability, have beeti so amended as to have secumred the rights of Texas and the hiono~r of the South. I what attitude has the Presidenit placed (lie issue, in (lie comnmunnicat ion which lie hastnmde to Congress as to Tlexas! So far as the right of possession, itfnot (lie title it self, is coiicernied, all (lie counitry on thle east bank of (lie Rio Grandle is assumied by (tie messaige to lbo ini the~ United States. TIhis possession, in excluisioni of thie juiris diction of TIesas, the President declares lie will maintaim by the mihitry arm of this goveriiiieniit. It iis true that while lie assumes that the country, to the extent of thie ancient himits of New Mexico, belonigs to (lie United States uder the treaty with Mexico, lie reciomimend~s to Congress to omake to) Tiex. ams a liberal comphensation ini mioney for her claim, lie draws thm sword upon TIexas, and thien calls upon her to cede her territo ry. As one (if thie representatives of Texas, I nuevor wvill vote, wuiout positive instruec. tios, to cedec aniy portion of her territory, while the sword is thus poinitedl at her throat. Bly nio vote of mine, sir, is the State- to lie coercedi aiid oiveraiwed into a transfer of her territory and civil juirisdic t 0)on. Sir, this message is an artful and studi ed misrepresetntatini of (lie mnost material part of the history of this subject. The P'residenit assiumies that lie is doing no more thian to nmainiti thie condition of tings as it existedl after (lie conicluisini of peace with Mexico. le remetmbers to forget that one of his predecessors, in February, l1847, in repily to (lie Governor of Texas, gave as. suirances to (fiat State that the temporary military governiment established there for te purpose0 of the war wvould cease on the s'onchttsioni of a peace with Mexico. The Secretary of State, hvy order of President as to this mlitay govrnmpat: "it isrerol- sudh a goveinmentas must 1 exist, undert lws. efnations and of war, to preseivem er and protect the -rigida of - the hiabitants, aitdwillaeease on the eon. elusion of ao treatyof peace- with Meaico."v The Presidentin his rnessage, chooses 1 to overlook ithe fact, that after the treaty of Hidalgo ' ho 12th of October, 1648, the Secretary of War, Mr. Marcy, gave direc tions to the Military Governor at Santa Fe, that all the country on the east bank of the Rio Grande, formerly pertaining to New Mexico, was within the rightful luaitgof Texas, and that the jurisdiction of it' was to be turned over to that State, and that her civil authorities were not to be interfer ed with by the military, otherwise than to be sustained on all proper occasions. It was to this effect: "In regard to that part of what the Mex icans called Now Mexico, lying east of the I Rio Grande, the civil authority which Tex as has established or may establish there is to be respected, and in no manner whatev ever interfered with by the military force in that department, otherwise than to lend aid on proper occasions in sustaining it." This order was expressly recited and I adopted by Mr. Secretary Crawford in his instructions to the same officers of the date of the 20th of March, 1449, with the single modification that it was not antici pated that Texas would extend her juris. diction to that remote region; but, if she attempted to dojo, he would so arrange his command as -not to- oppose or come in conflict with the authorities and jurisdic tiction of Texas. That portion of it was in the following language: "1 have to remark that it is not expected Texas will undertake to extend her civil government over the remote region desig nated; but should she do so, you will con fine your action, under the clause above cited, to arranging your command in such manner as not to come in conflict with the anthorities so constituted. Thus both: the administrations of Mr. Polk and Gen. Taylor admitted the right of t possession to be in the State of Texas; and ordered it to be delivered over to her authorities. It was an invitation to her to take possession of the country. President t Fillmore now changes these orders, after I the right of possession has thus vested in the State of Texas, and been acknowledg ed by this government. It is a gross usur pation, and a fraud upon the rights of that State. The instructions of Mr. Crawford to Col. McCall, of the 19th November, 1849, directing the military authorities in New Mexico to assist the people of New Mex ico in the formation of a State Constitution, are not in terms a change of the order of the 26th of March. No boundary is men tioned. Nothing is said which could war rant Col. Monroe in authorizing the peo ple on the east bar.k of the Rio Grande to f participate' in that State Government. I am an are that General Taylor intimated to Congress that. he intended 'to maintain the possession for the United States on the east batik of the Iio Grande until the t question of boundary was settled, but he never issued any order to that efl'ect. President Fillmore, therefore, has chan ged the whole, position of this question, and threatens to uphold that change by the E force of artis. It now remains to be seen whether a sovereign State of this Union can be inva ded-by the.Federal Government, and sub dueadi~thin@Mtewn limits by nilitary pow ever and 'iibefe~."Tre solitlon -of this- t question wvill fortn an era in the history of this Govarnmnent. TilE~ UJMTElBANNEl. Sumterville, So. Ca, WEDNESDAY, AUGUST 14, 1850. .3. 8. G. Rlchaadoa, Editor. 5-' MessrsS. A. WtmrrE & Co., are A gents for lte Blanner in Sumtrville. iR EMOV A L. The office of thme SUriwrmt IANN~I hats been remioved( to the new buildinmg (upstairs) one door north of A. J. & P. Moses' store. G- O FouruA SENEx is p, potned for wvant of room. The Market. Corro.-TheO transactions in Charles ton on) Saturday were limnited to 200 bales, at prices ranlginig from 1'. to 13 cents. Irr e reretto learn that a Gin-house on Santtee, in this District, thte property of Capt. Jons N. FutEm~soN, was destroyed by lightning on Thursday, the 8th inst. But little Cotton was consunmed as Capt. Fam En.son had onaly commenced picking the week previous. TELEGRAPHIIC INTELLIGENCE. Iteported for the Chbartestoin Courier. Bart.TiMtE, Ace. 9. F rom Wasuhingonm. Thle Southertn members of the House of Represetative~s, hteld a caucus otn Thur.1 day night, and appointed a Commatittee to report on measures to be adopted by the South with regard to Slavery and the Ter. ritoiries. TheIi Comtmittee is compolKsed of lhe fohllowiung genttlemnet, viz: R. A. Toomas, Chairman; Messrs. BunTi, IlL,. J.titat, lTuo~tSeso, of Miss.; CanE.m,, f low.' Aint, .loussosN, of Ark.; MomtsE. GntErE, a nd Bowni:. Runaway Slave-s. Seven runaway~ slaves wvere capttured in P'einnsylvaia on Tihursday'. They shot at their pursuers, bitt were ttnally taken amnd imprisoned in Baltimore Jail. Blar.TtMOntE, Aug. 10. The Decpartent of thte Interior has beii teiidered to TuIOMas Mcl(F.son, of Penrnsylvauiia, and the WVar Department to Mr. CostAan, ot Inuisianta. Fire. The Sing Sing State Prison, at N. York, was biurnt down on Fridaty. [tepirtot for the, State- itighits liepublican.] Important from Waslungton. .lALrTtiMOE, Aug. 9. lit the United States Senate on Fridlay, the Hill introduced by Mr. Pierce, of Ma ryhanid, tixing the boundary of Tlexas, and giving New Mexico her olId boundaries as nearly as they were known, and set forth by Humxtboldt, and taking from Texas all of lier own now utndisputed territory, north of 36, 301, wvas passed1 by a vote of thirty to) twenty. The Seintors from Texas voted, it is said very reluctlantly, in the allirimative, butt Messrs. llurL~ta and JBARNwELL voted wrainst thn Bill. >f dollars in asitockbesripg 8 r cedt mterest, and redeemable at t end of purteen years, tile- iterest ayable half earlyat the senuubf tpe.. 8c, onsideration her rdbction s of bounda. rics, relinquishent of claimsecession of erritory, etc., also passed. BALTIMOntr, Aug. , A few days ago four male slaves belong ng to Messes. Toombs and Stevens of Georgia were concealed by Abolitionists ill last night, when they made an attempt o run them off The police- pursued and wertook the carriage containing the slaves, me white man and four free negroes from W hington. The party in the carriaget Son the pursuers, the latter returned he fire and' badly wounded two of them. ' the whole party, except one of Mr. roomb's slaves, were finally captured and odged in prison. Teas and New Mezloo. In other columns of our paper wil be ound the Message of President FILLMORE o Congress on the Texas boundary ques ion, and the remarks of Mr. HOWARD of rexas thereon when it was read in the louse. We regret our inability, from t want of room, to publish the letter of Gov. BELL to the Texas delegation in Congress ind the documents which accompanied the President's message. Mr. HOWARD well :haracterize the course of the President t 'as a gross usurpation and a fraud upon the -igh's of Texas." Texas has always claim id all the Territory lying east of the Rio 3rande, including of course, the county of I Santa Fe; and it was because Mexico also :laimed and actually marched an army into a )ortion of that Territory that the United States went to war with her-they, the U. States, declaring that the war existed by he act of Mexico-which act was the narching of an army intoTerritory, which rexas claimed, but which she did not have he actual possession of. The United States hus recognized the title of Texas to all the erritory which she then claimed, and they ire now stopped from disputing it. It is, hereforc, too plain for argument, that the :onquest of that territory by the United States enured to the benefit of Texas; and hat the claim now set up by the President, n behalf of New Mexico, is impudently and ,rossly fraudulent. But the motives which govern the :onduct of the President are too flagrant o be disguised. If Texas had been a non. taveholding State, the claim of New Mex co would never have been listened to by aim. But Texas is a slave-holdiding State, md if her jurisdiction is extended over the erritory in dispute it will then become a lave.holding country; and hence the Pres. dent, with other free.soilers of the North, sided, countenanced and encouraged, by come traitors from the South, among whom I IERY CLAY of Kentucky is the most onspicuous, is willing to wrest it. by force ir fraud, from .'T'exas, and attach it to New Wlexico; or in other words to take it from he Sothnd'ddtit g o thebog .-ae vill rejoice if the issue between the North ind the South is nmade upon this question ather than upon the California quetio... ['he South cannot but be more united upon t; and we believe that the "Airst federal run" that is fired against Texas will bring o her side full fifty thousand Southern vol. mnteers. Weodo not believe, however, that nuch blood will be shed. 'The whole rmy (and we cannot doubt, but that much >f it would take part with us) would be too eeble to encounter the South; and the Morthaer~n Militia are not sufficiently fond f the taste of cold steel, and have toolittle -eat interest in the mfatter, to maarch upon l'exas at Mr. FItr.eony.'s, Mr. C.A r's, or my other person's bidding. Warton and the Watchmnan. If it had occurred to us, that the first :ommunication of WVarton contained any hing, which could give offence to the Watchman, that communication should -ertainly never have appeared in our cot imns, until the offensive part had been stricken out. We have thought, that it vas not irrational to suppose, that a nomi. iation of Anti-Bank candidates would be nade in a neutral paper rather than n a Bank paper ; and the idea, there !ore, did not once present itself to ur mind, that the mnere passing remark of Warton', that the nomination of Anti-Bank :andidates was to be mvade through the :otumnns of the WVatchman, could be con strued into an offensive imiputation upon he character of that paper. If, however, as been so construed, and although we mich regret the controversy, we yet feel bund, under the circumstances, to permit WVarton to justify himself through our cot aiuns (lie having no other mneanis of doing1 to) for what lie has heretofore said. WVhat WVarton says about the nomination af Messrs. SrAmN and KF.NNF.DY irn this paper jp strictly true. The short commu n~ications nominating thiem were handed in as simple advertisements; and nothing is said in those communications about their politics. Buat had it been othierwise-had we been requested to publish a comnmuni eaition nominating them as Anti-Bank can didats,--we would have done so without besitationa, and would never have dreamed that we owved an apotogy to any person for presenting, even as anti-bank candidates, to the people of Claremont the names of those gentlemen. Tr~as.-nformationa was received in WVahington on the 2d inst that 1500 men tad volunteered in Texas to go to New Niexico; t hat the Governor had accepted thiem, that the troop.. had sent to Senator Runk to command them, and that 15,000 sould be procured, if desired. ChaAR.Es M. FURMAN, Esq., has been slected President of the Bank of the State f South Carolina by the Directors of~ that Iistitmqimu xpedIrit tho4,at -to the p rC f acotuiie b'wr B k aman4 ste., otdie manner Ih wficl t aff'' of t Sank have been conducted-to It utility md upon other question of a similar aatujr non's minds may well differ, for there )i: om, perhaps upon most of them , for an ionest difference of opinion. But there are wo questions connected with the Bank up m which it does notr seem to us that there a any room at all for a difference of opinion. 1. The drat is as to the constitutionality of he Bank. Its opponents say, that the bills )r notes, which the Bank Issues, are "bills of redit" within the meaning of that clause n the U. S. Constitutio, which prohibits he States from issuing such bills,--(we night as well give the words of the Conati. utior-.-they are as follows: "No State shall oin money; emit bills of credit; or make my thing but gold and silver coin a tender n payment of debts")-ergo, they say, the [lank is uncorntitutional. In the first. place lie premises are denied. The question, as legal question, and it is nothing else but a ogal question, las been directly and unani nously decided In favor of the constitution ility of such Bills by the Appeal Court in his. State--the Judges who decided the luestion being Huoat, Norr, Cor.cock, BAY, RicAiwnsoN, Jonssos and GANTT, mno of whom at least, we know, was origi ;inally opposed to the establishment of the (lank ; and a similar question has been do :ided in the same way by the Supreme ourt of the United States. But if the tremises were true, it is plain, that the con lusion, sought to be deduced, does not fo ow. In ANGELL & A-mEs on Corpoirations . 46, n. 1, it is said: "The term bank, in eference to commerce, implies a place of leposit of money. Banks, like ost com nercial institutions, originated in Italy ; vhere, in the infancy of European com nerce, the Jews were wont to assemble in he rket places of the principal towns leat benches, rcady to lend money; nd the term bank is derived from the Italian vord banco, (bench.) Banks are of three rinds, of deposit, of discount, and of circu ation. In some cases, all these functions re exercised by the same establishment; ometines two of them; and in other in tances only one. 1. A bank of deposit ecives money to keep for the depositor, intil he draws it out. This is the first and nost obvious purpose of these institutions. ['lhe gold-smiths of London were formerly rankers of this description; they took the noney, bullion, plate, &c. of depositors sorely for safe keeping. 2. Another-branch f banking business is the discounting of romissory notes and bills of exchange, or caning money upon mortgage, pawn, or ther security. 3. A Bank of circulation sanes bills or notes of its own, intended to e the circulating currency or medium of lank o E aad th ek~:.ul htates, and the State Banka in this. Cotun ry, are all of them banks of deposit, discount nd circulation." Tie Bank of the State of bouth Carolitna Is then a Bank of deposit, of iscount and of circulation. These three mnctions are separate and distinct. It is hot essential to the institution, as a bank, hat it shonld exercise, or have the power to xercise, all three of them. It may exer ise all, or two, or but one; and if has the aower to exercise only one of them, as for natance, the right to receive monecy on de aesit, or the right to discount notes and loan noney, it still remains a bank. It is plain, herefore, that the argument has no boaring gaist the constitutionality of the Bank, as ts opponents suppose, but, only against the xorcise of one ofC its functions-the third nid last stated in the above extract from ~ngell & Ames. If the bills and notes of lhe Bank are "bills of credit" within the neaning of the U. S. Constitution, then its Pd function, to-wit, the right to "issue bills ir notes of its own intended to be the cir :ulating currency or medium of exchanges, nstead of gold and silver," is, without ques ion, unconstitutionally exorcised by the Iank,-and it should be stripped of that 'unction; but, as we have already said, strip of that function and it would still remain bank. Honwever. the constitutional right o exercise even that function is settled, so aas authority can settle any question. ['wo Legislatures of this State--one by hartering and the other by re.charterinig lie Bank--the Appeal Court of this State ndl *! Supreme Court of the United States -.':a all expressly declared it to be con ititutional. 2. Trhe second of the tw questions to vhicha we abv had reference, is, whethier lie State is pledged, to her foreign creditors, o continue the Bank, with its plresent par'ers md functions, as a security, until the dlebts ire paid. If the people of this State could te satisfied that the State is so pledged, we elievo there is not one man in a thousand whao would vote to destroy the Bank; and o our mind the evidence upon uhis point is ~onclusive. We will endeavor to arrange md furnish it hereafter. NORtru CaRoLINA ELI.crON-There as ao doubt of the election of R EiD the D~emo tratic candidate for governor by a large najority. ie is the first IDemnocrat who ias ever been elected to that office by the people of North Carolina. In (B counties weard from REaD has gaine I about d200a votes. Weo rejoice at this result, Ilimm is *n favor of the Missouri line while MANr.y ia opponent advocated C.r's Comupro auise bill. MISSOUaR E!r.crron.-The Whligs it is thoughat, have carried the Legislature. If so BExtott will not he in the Senate on the Ith of March next. By examining the tongue of the patient; ihyscians find ont the disease of the body~ mu nhilosophhrs the disasaa at tho inad 27th Julla ,Ed't V86 whoa~m fl~4pmnni o I was under the impression that (be ac knlowledgement of tan inadverteut misjalte wout ''i have swiaisle that " u 9. ?dMr"' that. I intended him and his. pper no injtas tlce. ie however, still harps sapon II4C poimat, and I now say to h heartily welcomo to lis owsi opinop and I shall catinue to ati k taie Ml hconvinced by more potont reanian I have yet heard,. viz: Tand his pipe Is the "Organ " of the Anti-tak e art of this Distriet, the argument of ir. on otar publisied in its colmns, in the Bank to the contrry notwithp staninju Why Sir! would ary sane or sensie u ina the world doubt for a single moenttta a paper was an .abolition paper, and the Editor haimnself an uabolitionist, if through1Uto columns two thirds or more of the origina, matter it contained, attacked the ins titutio of slavery ? I apprehend not sir ? 13 a therefore hesitate to tell the "Junior 'tai I do regard his paper as the anti..Bank Or gan, anal itr this opinion, I dare make the an, sertiona, that I am sustained by muore tha nine-tenths or the people of thi- Disict that I am not thofrst, by many, to avow it. I hare fucts in my possesiona which. ol pWce the asser.'on beyond all cane or dublt' but which I do not at present propose herg to us. The "Junior Editor" proceeds to say that "the nomhiention of the Gontlemen allado4 to by "Warton" was first made in the Ean. ner of the 3d iist., the commuacation of "Warton" was dated on the 4th, and the nonination o r those Gentleen appeared for. the first time in the Watchman on the 6th. * * * The charge was therefere a gratuitous one and had nothing to support it but the morbid iaginationof the author." I have arIady statd air, in last orm mnication that "my first was written and addressed to yoa before I saw the anner of the ad Inst." rere hre is an .evident of fort of the "Junior Editor" to misrepresent te. Agof in3 sir, he says, "That he (War ton) has placed his friend in a dilenmna frorn which he may extricate him at his leisure" and "leaves imn to explain for what consi cration has the hanner inserte a nomination which he thinks we would -have inserted from principle." Sir. the fact that the Ban. ner was made to inert this omarinationfhr."t has struck me before, and as soons the knowledge of it came togmy cars, Iwhich was in a few hours a er y first cmwmuni cation was forwarded to yu, it struck me the 3d still does, s a ruse of . rty, - in. Agin exact acconyrancot very movc made ier the Dismigit h strict conformity wel o w Jnrc1 wvhose dipls theaer itj n ati they a worthy adepts of soskif fav leader But air,I presum e it you were asked how you came to publish this nomination yu would reply that the nandes of these Gen tlemen, were handed to ou as a aimple ad vertisement without the slightest referonci being made at the time to their politics$~ andl as the Editor of'a Public Journal you could not refuse to publish any advertise-. (where no reference was made to its charac ter) which was framed within the bounds of deconey. [repeat sir, that it struck me then - tost forcibly that the Banner wa resorted to, to cover the WVatchman and the signal failure of the Public meeting called by the circular from its office. Again sir, the "Junior Editor" enters hIs protest against the practice of bringing pri vuate opinions and private character into the discussion of a subject of deep Fublic con corn" and "submits his private character to any test wvhich "WVarton" can undergo "and charges WVarton" wvith the gross indelicacy of gar-bling andl parading in the columns of a newspaper a private conversation : (says ho) "when he again sets himself to the task ofrquizzing nn Edhitor for the purpose of giv ing publicity to his private opinions he will find] a nmore specious guise of fniene' tp nec essary to secure him any other tha.. an eva sive answer." Mr. Editor I was not aware, nor am lIyet, that Iliad uttered one word or syllable affecting the character of the "Junior Editor" of the Watchman, but so far as a "test of character is concerned I have no hesitanacy in saying that "Warton Is as ready to meet one as any person, and has as little to fear from such a "test" as the "mJor Ed itor" of the WVatchmnan or any other living mnit. WVarton has indeed lived to little puirpose if hre hats to defend his private char acter at this lato periodl from an imputation of any kind whnatsoever. Were I disposed sir, to be severe. in my reply to the latter part of the charge quoted I should not let the "Junior Editor" oftTquite as lightly as it is now amy puarpose to do. I was- informed by several gentleam'n, some of them his warmest anti-flank friends, of the posihion the "Junior Editor" and hais paper would take sometime previous to the issue of his first nuamber, and when the chtarge of anti.. Bank was madle against it several gentle men nsked, as a anatter of Public interes * his coturse, tand as stated itn my secand! comn muanicationa, thn rely wa "It would not suastaaian the Thank as fur as others dial," or luagage to that amount. I believe whlen the remnark wvas tmade to mue it was not in the presence of a thtird persBon, but it was eer, tainly no.'<contidntial, ad refq,rred to a Pubh tic natter, and as the E~ditor himself~ ays, ".ne of' doop Public concern", ad, I believe, I am juistifled in saying, that the &Wdlu his friend. used similar languagt, on the Court Ilu~no squaier, to any and ev'efjono who (clt the Inteiiest; 10 inqirei his.,oiws upon this partioulaw questionaaI-hbtaftsoe silti throw baek in the teeth of' thto "Junaior Ekliter"' his. alknatiotio "piarb1Ine pir