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■■_■ _■_■ ■___■ 1 Aids VOL. III. NO. 45. UPabliihtd every Ta«dij- morning Tor thl Proprietor, JOHN DUFFY, GEORGE JAMES HOGSETT, (From the Royal Gazette, Sept. I.) Sto. 3, Agreement of 15th of July, 1663. Galway, Boston and New York CONTRACT BETWEEN THE POST- MASTER GENERAL AND THE ATLANTIC ROYAL BIAIL STEAM NAVIGATION COBIPANY, FOR MAIL * SERVICE BETWEEN GALWAY AND AMERICA. Advert-t.in.nt. iiw-t— on th* mo.t-mo.erat*ttrml Printing ol every de_criplion done .1 ihe mo_t rouoo ._,!» chuRi. and io Ihe neateit and moll efficient mm. :b the nolle. it to bt ooatinu Notices. The following Rate* of PASSAGE and FREIGHT, per Steamer Ariel, have been approved of by 11- Excellency the Governor in Council: Frelfcht Steerage BU I I'm is. Sd. is. Gd.lOs 7s. Od. Is. 9d,10s 2s. llSe .:<! 21. J 12i 6ei 2s. :12s 6. is. Cd 12! 6d From St. John'i to Trent-wry Su Mary't Lamaline Harbor Breton LaPoile __. Sd. I 271. Udl.".!. II* JO*. ijO*. '■ Fo?0 * »-_ed*."2_. Sd. | Twillingal Children under 14 years half price. Under 4 years, with n parent or scr.iini, rree. Meals included, bul no wine or liquor. Good* deliverable from Vessel'! tackle. No freight taken for less ilinn la. All freight* payable in Si. John'*. Vessel not accountable for leakage, or breakage, or damage by fire or water. For Passage or Freight, apply to Copt. PHiLir C_.ej.bt, on bor.id, or lu BAINE, JOHNSTON & Co. St. John'*, June 3,18G3. MR Eitate ol (be lot* Br.us. ed ihot oil portiet mdebied forth. said K-i.n. _ _,_intt die Eitate will be pa of Iheir account*, al BinVs ICEW VOKK. !trEWFOl"l*D_A.*<-. ASD LOXDM TEIEGR-UMI COMPANY 1 AVISO T-legmphle ST. JOHN'S, NEWFOUNDLAND, TUESDAY, SEPTEMBER 8, 1863. ■W PRICE SIXPENCE. Uwrpos Orr.c-i Orac*, Ship* report-sl Jehn'i or Htrlwr One*, 91SH Putin wiihing their Engll eaOfeHtlutoi by tdvUIeg their tgaat* lo forward B. SrOABT, tttt., 10 Exchange Street, Eut L A. M. MACKAT. K. B—T_* Bookkeeper of MR. PLIMPTON, Dentist Articles of Agreement mode this fifteenth day of July in the year of our Lord one thousand eight hundred and sixty-three between the Right Honorable Ed word John Lord Stanley of Alderley Her Majetty'* Postmaster General for the time being for nnd on behalf of Her Majesty of the one part and the Atlantic Royal Moil Steam Navigation Company (Limited) of the other part. 1. Witness that the taTd Company doth hereby covenant promise and agree with the said Postmaster, General his Executor* Administrators Successors nnd Assigns for and on behalf of her Majesty that the laid Company in Consideration of tho payments hcrinaftcr stipuUtedto be made tball and will nt the sole cost and charge of lhc said Company nt nil times during the continuance of this Contract diligently faithfully ond to the satisfaction of Ibe said Postraaster-Gencral for the time being provide maintain keep seaworthy aad in complete repair and readiness for the purpose of conveying as hereinafter provided all Her Blnjesty's moils in which all despatches and bngi of lellcrt are agreed to be comprehended -hich ihall at any time or limes or from lim" > time by the said Postmaster-General or an f the ollir—rs or agents oflhe said Postmastei General be required to be conveyed between Galway in tbat part of tlie Uniled Kingdom of Great Britian and Ireland called Irelund and Boston in tl.e Uniled Slate* of America and between Galwny aforesaid and New York llie said United Slates that is to sny fortnightly from Galwny lo Boston ond from Bosion lo Galwny and forihnighily from Gnltvay lo New York and Irom New York lo Galway alternately nnJ sucli mails shall be so conveyed by means ol a siilliric.il number of good substantial and efficient steam-tcssels cacti and of sucli vessels to be c>rnol lesi than 2,000 tons builder's measurement and always supplied appropriate steam-engines of nol le.as than 450 liorsc power dial nil the vessels ■inployed under this Contract ihall be alwayi ■upplieil and furnished ot the cost of tbo said Company with all nei'essary and proper machinery engines npparel furniture slores (nckle boat! fuel oil lollow provisions anchors cable lire-pump, nnd all oilier proper and requi.il for extinguishing (Ire lightning conduc Sir Snow Harris's or olher approved principle cl._u-l.-i chronomcleit proper nautical nstriitnrnls medicine* m. dieameni! and what-, oever'vh.e may be requisite and necosaary tot •quiping Ihe aoid vessel! and rcn.h.ri.ig ih.-iii constantly efficient lor Iho service hereby con- (meted lo be performed and ul.-e) manned and provided will, competent officers wilh appropriate certifienles granted pursuant * Act 17 and 18 Victoria chapter 104 . Act or Actt in force for the time being to the granting certificate* to officers in ihe merchant service and also a medical officer lo be approved of by ibe said Postmaster-General ond who shall give medical attendance medicine* and medicament* gratis to all persons conveyed under or by virtue ol this agreement or whose passage money may hc paid for"in whole or in part by the public mid wilh a sufficient number of efficient engineers and a sutfi- crow of able seamen and otlicr men lo be in all respect* as to vessels engines ecu.ip- nenls engineers officers and crew subject in he first instance and from lime to lime and it all limes afterwards lo the approval of the said Poitmasler-General and of iuch other persons as shall at any lime or limes or from lime lo time have authority under the laid Postmailer-Gener*r lo inspect and examine and the said Company shall previously to any vessel being built for or which ia intended lo be employed in the performance of thi* Contract submit ihe entire designs plans and sections of each and every cf such vessels wilh proper specifications as to engine! and otber Siting! lo the toid Postmaiter-Generol and be bound to adopt such design* plant sec- * specifications nnd iuch fittings scanl- luch dispositions of hatchways as the said Postmaster-General thall declare in writing to be necessary and ihe taid Pott- .master-General .halt be at liberty and have power to have ell iuch veosels and engines tried in whatever manner he may at any time or time* think fit aad (o take whotever (tept bs may deem expedient (o satisfy himtelf of tbe fitness of each vewel in every respect for the nid service before the vi CAN be consulted from 10 A. «., lo 4 r. in his Office, at Mr. Las cm kad's, Watch Maker, Water Street. The regulation of -» Teeth particularly attended to. POSTAGE STAMPS Con be obtained by making application at (he General Port Office during office hour* (except the JOHN DELANET, Acting P.M. O. J. W. JACKSON, CLOCK WD WATCH MAKER, WATER STREET. A. & R. BIiACKWOOD, H_.tr Dreeeere and Perflunere, enter the port of St. John's it moy U, lawful for tho laid Company to Und all telegraphic by a hran^ iteamer or odver veitel to be provided.by arid at the *x pens* ■>r the taid Company. Such, (learner or othor vessel or means being previously approved of by the said Poi minster-General. Bul —ren when iuch branch vesseLT^ 'mean* made use of the telegraphic message* shall nevertheless be delivered at that-port within iuch iix days aa a'ore-aid. And ihe laid Company doth hereby further agree that all the taid vessel! craploy- ed in ihe conveyance of Her Majesty's. mail* shall bolh on the outward and homeward vo' I at St. John'* Newfoundland or t of any of ilia vessels being prove ing St. John's to tbe satisfaction of .H Naval or other officer io charge ot Her BL-j* ils by sires* of weather or other unavoidable cause lh((i and in iuch case the —" sel shall caH at HolifVx No " said Cbmpany (ball convey lo and from and cause to be delivered und rel I ceived at each of the port* or place* at whicl ■ lho said vessels ore to proceed call or touch id performance of Ihii contract all such of Her Majesty's mails passengers and telcgrnphia messages as ihall have to be delivered or received ol such places 'respectively a* regard* the places mentioned in the timetable A here- .to annexed within tho times therein reipec fely specified bul should the said Company fail from whatever cnuie ariiing lo deliver the same at the laid places within the respective period* Hereinbefore mentioned or referred to then nnd in every such case the said Company snail forfeit and pay to Her Majeaty her beir^ and successor* tlio turn of £ a for every hour's delay beyond the itipuUied periods for the first 24 hour* ond a further sum of -10 fo every successive hour consumed on the rei .voyogei beyond the time mentioned table A after the expiration of die laid first 24 hours but the full amount of such pe- ■* on any one voyage shall in no. single' exceed the amount to be paid for such voyage. That the (aid Postmaster General any of his officer* or agents shall be at liberty and have full power at any tim* during the* continuance of this Contract to direct dial any one or more of such vessels so conveying iter Majesty's mails Irom any of the said port* or places shall dehty her or iheir departure for From the Correspondent ofthe Lonsitm Tablet. THE CONSCRIPTION'ACT. -hi: l-otVEi. General on appeal bv the said Company lhal! ihink proper to deeMo otherwise but it ia understood the nbove expression " to determine very question" thall not confer upon tuch itrlcer or other person as aforesaid the power of Compulsion in such caso. 12. Tbat If the said Postmnsler-Gcnernl at any time or time* think fit 1 e ahall be at liberty in any cese or case* to appoint in addition lo tbe taid naval officer a civil officer in his tcrvico to bave ctiarge of llio mid mails and in iuch case or cases'any such Ipsl-mentioned 'officer and nlso a servant ot the said officer if required shall bo received and be allowed (o remain on board ench of the taid ve**el*«s is herein provided witb respect lo any each naval officer and hit servant but when any civil officer in the service of Her Majesty's Post Office ha* tbe charge of the laid mails his du- ' (hall be confined (o tbo Poet OfBoe busj- 3. That the said Company ihall provide n is literary and suitable accommodation lo nuufnction of Ihe Postmaster-General for * il.tjgifir.he ate ot the Govemniee* 1_N--or the purpose of sortTfigand up sucb mail! on board of »ueh vet- Is with all necessary and suitable lining.-up Ihe" performance of iuch duties. 14. That a suitable first-class cabin wilb appropriate bedding and furniture shall at thi coet of the said Company be provided slid appropriated b« them fir and lo the exclusive use nnd for the tole accommodation of inch officer or otber persons and also per and convenient place of deposit on board wiih secure lock and key for .Her Majesty' aiails and Ihot each and every of the said officers or other persons shall be victualled by the said Company as n chief-cabin passenger without any charge being mnde cither for his passage or victualling and lhat should all' or any of such officer* or other persons requi servant such aervant shall be also provided wilh a prope; and suitable berth and be duly victualled by and at the cost of the said Company without any charge being made for the **"**• over Ibeir own militia. ' Over tbe regular 15. That Her Majesty's mails hereby army the Government of the United Slates agreed to be conveyed ihall bo delivered and have aa unlimiied power. They nay u.e it received at each of Uie phices lo which Iho said in nil cases where military force is needed, in vessels are lo proceed in Ihe performance of «ny part of the world, under lucli officers, and this Contract and that each port or pUce where for iuch period! «t they please. There always The Abolitidn pnrly justify the Comcrip- >n Act on^lhal clause of the Conitilulion which empower! Congress to "raise and I ~rt armies." The assumption is dispose. the following cxlrnct from o tpeec'i deliv. cred by the Hon. Jeremiah Mnton, of New Iliunpihire, in Congress, in 1814. Mr. M. n one of tbe ablest lawyers of his day. He The authority given lo Congress •*•* to raiie and tupport armies," comprises their whole power on the .lubject. Thi*, and the authority of calling forth tho mililia under certain circumstances nre, the means by which I he common defence U to te provided for. C»n tbe Legislature, by Virtue of thii grant of power, adopt tho proposed plan of conscrip- and place by forco such pert of Ibe po- ion of the United Sutet, and for tbch period* at ihall be deemed expedient, in the rank* of the regular army? A power so transcendent and dangerous mast, to justify tbe exercise of it, be derived from plain principle's, nnd depend on nodoubtful construction Th«__po ver to raise nnd support armies must be construed according to the intentions and understanding of the people of tbe United Stales, w-i,o mode the Constitution, consistently with all the known and ettabliihod right* of the Slates and of the people, and consis- tcnily with all tbe general principles of civil liberty. In three specified cases only, and also for service within the limits of the United Slates, and onder Uio command of tbeir own State officer*, and, as I think, for »hort period* ot aerviee, can ihis Government call on the States for tbeir militia. From these restrictions apparent the power of the United Stnlei a very limited nature, and that the State* W\U retain by far tbe greatest portion of authority Ibeir own militia. " THE CONSCRIPTION-LETTER OF GOVERNOR SEYMOUR TO THE PRESIDENT ASKING FOR A SUSPENSION OF THE DRAFT. AND A TRIAL OF ITS CONSTITUTIONALITY—HIS REQUEST REFUSED. On the 3d of August, the Governor ef Ne*r York wrote'to the President, setting forth tbe [_*". injustice and inequality of tho d(aft, *: ' 01 ed mi ..In. Suit.. „f \'„. v_,.i ri,.. be delivered and received tbe snid officer or olher persons having charge or Her Majesty's muils shall whenever and at , , often as by bim deemed practicable or ncces- any period not exceeding 24 hours beyond the „ry be conveyed on ilmre and also from ihe ve been fixed for the dc- JBL, l0 „,e vegle, CInpioye% then And it ii hereby agreed that the service hereby contracted to be performed shall be divided into a winter and summer service and lhat ibe winter lervice tholl include (he months of November December January February and March end (he remaining seven mouth- shall constitute the summer service. And the said Company hereby agree with the said Postmaster-General that the uid diligently faithfully end to Ibe satisfaction of Ihe said Postmaster-General and with all possible speed convey Her Majesty** mail* on board ihe taid. veetel* respectively a* hereinafter mentioned. That inch vessels so approved of and equipped and manned o* aforesaid and wiih Her Majes- ly'emaiU on board shall on iuch dayi and at ineB hoers as the said Postmaster-General maj at any lime or times appoint immediate). nfter Hrr Majesty's moils ere embarked from lime (o time put lo tea from the several ports nnd nt tbe limes mentioned in Ihe time table marked A hereunto annexed and shall perform the several voyage* out and borne at mentioned io ihe taid table and thall Und tbe moil* al or by tbe timet therein sel forth. 4. That the taid Company will at all times during die coniinuonce oflhii Contract deliver inch telegraphic messages at the said Po*I- masler-General mar at any lime or times direct at St. John's Newfoundland within the slayi from the lime of tha vessel carrying tbem period whicli may pnrlure of sucli vcos-*! or vesseU nnd a letter idilressed lo Ihe Commander or 'officer in charge of the vessel so lo he deloyed shall be a .ufficient authority fur such detention. >• i 7. That if nny vessel having Her Majesty's moil* on board shall stop linger or deviate from the direct course on tier voynge or shall delay Starling at exact time or shall put bock imo port oftcr starting wilhoul the snnc- each and every case of U.e officer or olhcr person authorised tu Ulve the cliargc of 'the said mnils or when so sanctioned to pat bark imo port shall nol slart again nnd proceed direct in performance of the service hereby coiilracieel 'or when and so soon as required by the said officer or other person nu. ihorisrd lo have the charge or the said mails then and in each Ami every ol such cases and ni often as the some shall happen die snid Company shnll and will pay unlo Her Bla- jesty her heirs and successors the sum of £100 nnd dial if n vessel which ought to leave Galway Boston or New York in die oerfonnnnce of tliis Contraci ihall not proceed on her voynge for 12 hours after the propcr'and appointed timo ihe snid Company shall and will so often as any soch omission limit happen pny unto Her Blnjesty her heirs nnd successors Ihe sum of i.300 and also lha further sum of £500 for cvory successive period of 12 hour* which shall elapse until such vessel shall teed on her voyage iu tbe performance of Contract. . That Ihe said Company shall ond will from lime to time and at all limes during the of tbis Contract make iuch nlter- iiprovcineiifs in ihe construction equipments or machinery of eoch and every ofthe said vessels wliich shall be used by tbem in tbe performance of ihis Contract at the advanced state of science may suggest and the said Postmaster-General may direct. Provided always that tbe said Company shnll nol be liable lo any penalties for di loy in proceeding to sea on the day and at th hour fixed or for excess of (ime in performing nny voyage if sucb deUy be proveil lo the satisfaction of the said Postmaster-General lo hnve arisen from circumstances over wbich the said Company and their servants bad not and could not have any control. .nd tho aaid Company do hereby further agree thot die said Company shall at all lime* during Ihe continuance of this Contract hove in conila.it readiness for the du* of tbe »ervice hereby contracted to be performed the number of vessels eqnol in tonnage ond efficiency to those hereinbefore stipulated lo be provided and shall in every eaie of ony of the said vesseU becoming disabled immediately at their own cost and charge replace the same by good and efficient vessels of similar tonnage obtained by hire o " 11. That the said Company shall ond allow to remain on board each of the said vessels so to be and while employed in the performance of this Contract and nlso while remaining at each or eilber of the port* or place! for return mails and with or without moils in charge an officer in Her Majesty's Nnvy or any.other person to be appointed by the said Postmaster-General to take charge of Ihe said mailt and alto a tervanl of the said officer or other person at aforesaid if required and thai every tuch officer or person shnll be recognised and considered by the mid Company and their officer* agents end seamen as the agent of the said Postmaster-General in charge of Her Blnjesty'* mail* and at having fall ee. iboriiy in all cases to require n due ond Uriel execution of thit Conlraot on tbe part of Ihe .aid Company tbeir officers servants and agent! nnd lo determine every question whenever arising relative lo proceeding to tea or patting inlo hiii-Hiur or to tha nece*sily ot Hopping a.iiit ony vrisel in dislrest or lo save humnn liie and thot die decision of sueh other person a* aforesaid shall in each and every inch c**ei be final ond binding on the aaid Company unleu the laid Foitmatter- iployea for Ihe being In the performance of this Contract together with or (il such officer consider requisite for Ihe purposes or Uiis Contract) without Her Majesty's mails ia a suitable and seaworthy boat of not less Ihan four oars to be fornistied wilh effectual covering for the mail bags and properly provided manned and equipped hy the void Company and lhal the directions of the said officer'or other persons shall in otl cases bo oheyed tm lo thu mode tmtto and pines, of receiving and delivering Her Majesty'* Mails. IC. Thai if Ihe inid Poslmruler-General all drring die coiiii-iiuinee or this Coitract or ony"l*ttrt thereof think fit lu intrust the charge und custody ot" the mails to the masters of nil 0/- ony of the vesseU to he employed in the performance or (bis Contract nnd in nl! enses when tlie officer orolher person appointed lo have charge or Her Blajeity't mails shall be absent the Bluslcrs of nil orony of such vessels shnll wilhoul nny charge lo die public take care of aud shall be responsible for Iho ipt safe custody ond delivery of (he said mails and each of sucli masters shall make the usual oalh or decfarntion or decUralions required or whicli moy hcrenftcr be required by Her Majesty's Po.s(maslor-Goneml in iuch nnd similar case* and furnish such journal^ re- lurm nnd information to and perform such services as the snid Posimasier-General or any of hi* agents may require nnd every such master having the charge ol such mails ihall himseirimmediately on the arrival ot any of the laid ports or places of any vessels to conveying the same himself deliver all her Blnjesty's mail! for such port or place into tbe hands ■f the Postmoiter of iho port or plaeaj where iuch mails nre to be delivered or iplo the bonds of tuch oilier person as the said Post- laiter-General shall direct and authorize tc :ccive the some receiving in like manner al the return and other mails to he forwarded ir . That the said Company shall not no any ot the masters of any of the vessel employed or to be employed under this Con Met receive or permit to be received on board sny of the vessels employed under ihis Coi sny tellers for conveyance .other than those duty in charge ofthe said navnl officer or other perton authorised (o havo charge of (he sai, moils under or by virtue of tiii« Contract o which ore or may be privileged by Inw and th laid naval officer or ether person shall report (o Ihe iuid Pottmaiter-Genernl any default in ihii respect and in case of any sucb default the said Company shull be liable to be proceeded against a breach of thia 'Contract 18. That every nnval officer authorized ._ have (be charge of tbe said Mails shall eilher alone or wiih inch other persons as be may consider necessary have full power and authority whenever aaa as often as he may deem tl requisite lo examine and survey in *uch manner and wilh the asaistanee of sacb persona as be may think proper all and every tr any ol Ihe vesseU employed or to be> employed in the performance of this Contract and the hull* engine! machinery equipments and crews (hereof on hit giving reasonable notice in writing to the mailer or commander for the lime being cf lho vessel about lo be examined or to Ihe person acting as such af such hii Intention ond if any defect or deficiency be aseermined and notice thereof in writing be given (o such master or person and if tbe said master or person shall not immediately soon as possible thereupon remedy replt effectively repair or nuike good every sqeh defect or deficiency the said Company shall in every such case forfeit and pay to Her Mrjesly ber bein and snsscssori the turn of £100 but the payment of tuch penalty tball not in any-wise release or discharge the laid Company from remedying replaciag or effectively repairing or making good iuch deficiency or defect onfrum being coitsidered lo bare committed a breach of thii Conlrac'.. (To* havo been in ihii country important dislinclion* between the mililia ond (he reguUrarmy. These distinctions were always kept up, and in various instapecs, as exemplified in the wnr of (ho Revolution, and were well understood by the people ofthe Uniled Sialcs at the tii of forming the Constitution. Ifany inch power as ihat contended for could ive been conceived to be granled by (he Consiiluiion, it would have been delected nnd pointed oot by those so much alarmed -, yet believed tbat such construction was jiot sn suggested, in any of the Conventions, alihough ihe lubject was there most ably du- The power claimed is doubtless vastly great- nnd more dangerous than my olhair possessed by ibo Government. Il subjects Ih personal freedom of every citizon, in compari fon with whicli die riglus of properly are in significant, (o arbUrary discretion. All ihe rrcruiis wanted for (he nrmy mighl "if the Government sliould so please, bo taken from one section of die Union. "'"ere Iho Government at liberty to ies hy forcibty Inking men at their di il might, by n similar construction of the ( ...i-iifufion. support ihem hy taking property a like manner. Tho armies when raised, iglit live nt free quarters on the people. I. similar way a novy might be provided, by seizing the ships of individual-!. The right ' both cases is tho same : the injury and disiec in taking property Iho least. k Has die Government a simiUr power .press men for tho Navy } ' The States stilt retaining tho principal .wer over (ho mililia, hns been shown, the power given this Government lo raise armies must not be so construed as to destroy tbot power of die States. This surely annihilates ,11 Stnte power over tlieir militit. The whole r in part may. at die pleasure or this Government, bo converted intj u regular army, and llie pro'vuion of tho Constitution in this, particular, together wilh Iho rights of the States, be destroyed. 'To that part of the Secretary's plan which •commends o tax lo bo levied on all property 'ithin the precinct of .the class, in order lo raise Iho bounty for tho recruits, objections occur, which, in ordinary limes, would soem in- surmo-rtilnble. Tlie lax proposed is a violation o( ihe Constitution loo plain and obvious io require any reason to demonstrate. Il Ls, however, in my opinion, of less importance than the other, which affects the rights of personal liberty as tliis does the rights of properly. Heduco the peoplo to slavery, and you may take their property when and ns you please. AH wilhin the prescribed ages, whatever may be their pursuits or condition jn life, muit submit to the iron yoke; priests must be taken from the allar, nnd judges rrom tho bench. The highest officers, both civil nnd military, must be ignominiouily forced into tbt ranks of the army. Tho seminaries of learning are to be roblvd of Iheir professors anc scholars. Neither literalnnr'nor science, ex cept what is subservient lo the mililary art wilt be held in estimation. The counlry wii become mililary, and be involved in perpetual ware, often waged to gratify the ambition of rulers. History evinces that wars of ambition are not less tbe pest* of Republic* than Monarchies. Sueh a measure cannot, it ought not, submitted to. If it could in. no other way be averted, I not only believe, but I bo'pe it would ly resisted. The most odion cruel slavery would be tbe inevitable quences of submission. On a former day, when Ihii measure was mentioned by an honourable member,'I called it week, violent ond wicked. On mature reflection, I see no reason lo ehar my opinion of iu character. Il it weak, for it 1* ill-calculated to effect its object j violent, for it attempts to uio force witlioul right i and wicked, for if sueceniul it will destroy the* Constitution and liberties of the counlry. •the State of New York. The letter of Mr. Seymour ii very moderate in iti tone, in ■net wo think too moderate, for the emergency . which he it placed. It u more in the form "a request or petition than in lha character of demand on the part of the chief magistrate ofa great ilnle, numbering four million! of in. habitants. Ho ask* that the operation ofthe Conscription act shall be suspended till such lime ui iis constitutionality can be tested, and then he adds in tbe enforcement of this re- confident yoa will foe) tbot acouiexene* __ pie* wili bo but o imall couccswon for our Uovermaca. lo make to our people, and partietvtar- If lhat it .held o»ore ittntf ood them ot (be tc-, corelance of ils subordinate Iowa with Ui* luprem* Uw orthe Und. It wilTUi bul a IillU price to pay for the peace tsfAhe, public mind. It will abate noihing from tho dignity, nothing from the wvep^ reijnity ol tbe nalion to thaw a just rec.nl for ther- mnjetty or Unlaw, tnd a paternal interest in ibe 'shot and welfare ot our ciluea*." To Ihis request, presented in such moderate nguage as to assume llie character of a petition, tlie President lays he " cannot con-tent suspend -—e draft in New York, because ong other reason*, time is too important.-* so lhat tbo moderate request of Governor Seymour is flatly denied. The President, bowever, states that he does " not object to abide a decision ofthe United Stale* Supremo Court, or tho Judges thereof, on constitutionality of tbe Draft-law; bul," he proceeds, ■ / cannot content to los* the time while it it being obtained." The President's reply ends with thu following remarkable statement: 14 We oro contending with an enemy who, oe I undentand, drives every able-bodied mon be con —** "nto bii rtuki, very much u a butcher drive* s into a ilaughter pen. V ' jumc.it it uied. Phi* p whicb will soon turn upon our i diert already in tbe field, if ihey tball not be «u- toiaed by recruit* a* they ihould be. It produce* in army wilb a rapidity not to be matched on oir' lide, if we Snt'waste lime lo re-experimoot wilh the volunteer system, already deemed by Coogreo, and palpably, in fact, u far exhausted,ai to be inadequate, aod then more timo to obtain a Court decision aa to whether a It* ii conaituiionol which require! a part of those not now in tbe _erv.ee to go to tbe aid'of those who ore already in it; and still more time t* determine with absolute certainly tbot we get thaw who are to go, in the pnciiely legal proportion to tbote wbo are not to go. My purpose is to bo in my action just and constitutional, and yet practical, in performing lho iinporunt duty with which I am chirked of maintaining lho ity and tbo fireo principle! of our common t produce* aa ■ BIr. Lineoln informs- us that the enemy " drives every able-bodied mad he can reach in o his ranks, very much as a butcher driree bullocks into a slaughter pen," In ihis respect, wo must eonfe."**, thore ii no difference between Abraham Lincoln nnd Jt^rrson Davis. In foci, we thing the former ha^rather the advantage of the latter in this matter, for although lie set out with ihe declaration that nobody was hurt, he tins contrived by his policy to do n pretty extensive butchering business. The whole correspondence, bowever, resolves itsctl into (his one fact, Ibat Abraham Lincoln cannot afford lo wait until-tlie constitutionality of Ihe Omscription Act can be tested, and he will therefore proceed despite tho moderate request of Governor Seymour to its enforcement nt pnoe. Now, the question is, will Ihe Cnief Executive of tbis State submit to be treated as n cypher or as a mere lieutenant of the "Washington .despotism, er will he on the contrary,place thk State of New Tori at once upon a war footing, and, changing hi* request into a demand, insist that Ihe constitutionality of the law muit bo submitted to the lest oflhe Constitution. It now remains to be seen whether fbis Slato is to preserve; R* •er-ignty inviolate or to be converted into » province which ihnll be ruled direct IromN, Washington. If Governor Seymour is the man for tho emergency, the Empire State may pass safely through the present crisis—if ho fait his name will become a reproach among the people of Now York. We hopo ho may be equal lo tho trial (o wbich he wilt soon be ibjecled ty (he despotism in Washington. As for ourselves, we ask no more than that lie act up the spirit of hii letter la Iho Val- lundigham meeting held some months ago at Albany. * A poet was walking wilh Talleyrand in the street, antl nt the tame lima reciting some of his own verse*. Talleyrand, perceiving at a ibort distance a man yawning, pointing liim out to bi* friend, laying. '" "* io loud 1 be heart yoa I" SllOCKlMO TttAOEOT KBAU CO-ISTAWTt- irte.—We rend in Uio 44 Levant Herald" of July 15:—''A tragedy occurred al Ortakcui on Friday afternoon Ust, wliicli is worth report for ihu double reason of sbowiug with wbat at least temporary impunity life may slill be sacrificed in open day in tbe imino- diale suburbs of the capital, and of exposing a of priestly indecency ibal loudly calls for public reprobation. On tbe afternoon in ques- "on an old Jew miser resident in tho village, iho, after successfully haggling wilh a coi-ec.- monger for some cucumbers for whieh the latter asked 10 paras each, had gene to the market place and bought a supply at 6 pent*, was lurning borne wilh hit bargain when he met the open ttreet a couple ol Croats. One of them knocked him down wilh a blow of a stick across the forehead, ond then quietly walked off wilh the cucumbers, leaving his i to complete what followed, which tbe ruffian did with a leisurely tang froid of a butcher *Uughtering a sheep. With his knee on ibe old man's breast, be drear hu kamn, and holding back Ihe head wbitteA away till Ihe neck was nearly severed. Ite next quietly rifled hU .iclim of everything worth taking from the body, and then turning towards the windows of some ofthe neighbouring hduses whose inmates bud been witnesses ofthe whole, and who, with true native cowardice, bad contented ihemselvei wilb bawling for the polioe. he shook his dagger defiantly at Ibe poltroom, wiped it on tho dead man's gown, ond walked slowly, off after hit companion The murderer gqno, the neighboura took courage and removed the body to It* late home; and nottr happened the priestly ihnro in the outrage. On application _*eiiig made to the rabbi to bury the murdered man, be refuted, into** paid 50,000 p., tb* deo***ed baring be Mid. neglected Iba duties ' of charity end been otherwise a greet tow-breaker whiU
Object Description
Title | The Record, 1863-09-08, vol. 03, no. 45 |
Date | 1863-09-08 |
Description | The Record, 1863-09-08, vol. 03, no. 45 |
Type | Text |
Resource Type | Newspaper |
Format | Image/jpeg; Application/pdf |
Language | eng |
Collection | Centre for Newfoundland Studies - Digitized Newspapers |
Sponsor | Centre for Newfoundland Studies |
Source | Paper text held in the Centre for Newfoundland Studies |
Repository | Memorial University of Newfoundland. Libraries. Centre for Newfoundland Studies |
PDF File | (7.13MB) -- http://collections.mun.ca/PDFs/cns_news/TheRecord18630908vol03no45.pdf |
Description
Title | Cover |
Description | The Record, 1863-09-08, vol. 03, no. 45 |
PDF File | (7.13MB) -- http://collections.mun.ca/PDFs/cns_news/TheRecord18630908vol03no45.pdf |
Transcript | ■■_■ _■_■ ■___■ 1 Aids VOL. III. NO. 45. UPabliihtd every Ta«dij- morning Tor thl Proprietor, JOHN DUFFY, GEORGE JAMES HOGSETT, (From the Royal Gazette, Sept. I.) Sto. 3, Agreement of 15th of July, 1663. Galway, Boston and New York CONTRACT BETWEEN THE POST- MASTER GENERAL AND THE ATLANTIC ROYAL BIAIL STEAM NAVIGATION COBIPANY, FOR MAIL * SERVICE BETWEEN GALWAY AND AMERICA. Advert-t.in.nt. iiw-t— on th* mo.t-mo.erat*ttrml Printing ol every de_criplion done .1 ihe mo_t rouoo ._,!» chuRi. and io Ihe neateit and moll efficient mm. :b the nolle. it to bt ooatinu Notices. The following Rate* of PASSAGE and FREIGHT, per Steamer Ariel, have been approved of by 11- Excellency the Governor in Council: Frelfcht Steerage BU I I'm is. Sd. is. Gd.lOs 7s. Od. Is. 9d,10s 2s. llSe .: time by the said Postmaster-General or an f the ollir—rs or agents oflhe said Postmastei General be required to be conveyed between Galway in tbat part of tlie Uniled Kingdom of Great Britian and Ireland called Irelund and Boston in tl.e Uniled Slate* of America and between Galwny aforesaid and New York llie said United Slates that is to sny fortnightly from Galwny lo Boston ond from Bosion lo Galwny and forihnighily from Gnltvay lo New York and Irom New York lo Galway alternately nnJ sucli mails shall be so conveyed by means ol a siilliric.il number of good substantial and efficient steam-tcssels cacti and of sucli vessels to be c>rnol lesi than 2,000 tons builder's measurement and always supplied appropriate steam-engines of nol le.as than 450 liorsc power dial nil the vessels ■inployed under this Contract ihall be alwayi ■upplieil and furnished ot the cost of tbo said Company with all nei'essary and proper machinery engines npparel furniture slores (nckle boat! fuel oil lollow provisions anchors cable lire-pump, nnd all oilier proper and requi.il for extinguishing (Ire lightning conduc Sir Snow Harris's or olher approved principle cl._u-l.-i chronomcleit proper nautical nstriitnrnls medicine* m. dieameni! and what-, oever'vh.e may be requisite and necosaary tot •quiping Ihe aoid vessel! and rcn.h.ri.ig ih.-iii constantly efficient lor Iho service hereby con- (meted lo be performed and ul.-e) manned and provided will, competent officers wilh appropriate certifienles granted pursuant * Act 17 and 18 Victoria chapter 104 . Act or Actt in force for the time being to the granting certificate* to officers in ihe merchant service and also a medical officer lo be approved of by ibe said Postmaster-General ond who shall give medical attendance medicine* and medicament* gratis to all persons conveyed under or by virtue ol this agreement or whose passage money may hc paid for"in whole or in part by the public mid wilh a sufficient number of efficient engineers and a sutfi- crow of able seamen and otlicr men lo be in all respect* as to vessels engines ecu.ip- nenls engineers officers and crew subject in he first instance and from lime to lime and it all limes afterwards lo the approval of the said Poitmasler-General and of iuch other persons as shall at any lime or limes or from lime lo time have authority under the laid Postmailer-Gener*r lo inspect and examine and the said Company shall previously to any vessel being built for or which ia intended lo be employed in the performance of thi* Contract submit ihe entire designs plans and sections of each and every cf such vessels wilh proper specifications as to engine! and otber Siting! lo the toid Postmaiter-Generol and be bound to adopt such design* plant sec- * specifications nnd iuch fittings scanl- luch dispositions of hatchways as the said Postmaster-General thall declare in writing to be necessary and ihe taid Pott- .master-General .halt be at liberty and have power to have ell iuch veosels and engines tried in whatever manner he may at any time or time* think fit aad (o take whotever (tept bs may deem expedient (o satisfy himtelf of tbe fitness of each vewel in every respect for the nid service before the vi CAN be consulted from 10 A. «., lo 4 r. in his Office, at Mr. Las cm kad's, Watch Maker, Water Street. The regulation of -» Teeth particularly attended to. POSTAGE STAMPS Con be obtained by making application at (he General Port Office during office hour* (except the JOHN DELANET, Acting P.M. O. J. W. JACKSON, CLOCK WD WATCH MAKER, WATER STREET. A. & R. BIiACKWOOD, H_.tr Dreeeere and Perflunere, enter the port of St. John's it moy U, lawful for tho laid Company to Und all telegraphic by a hran^ iteamer or odver veitel to be provided.by arid at the *x pens* ■>r the taid Company. Such, (learner or othor vessel or means being previously approved of by the said Poi minster-General. Bul —ren when iuch branch vesseLT^ 'mean* made use of the telegraphic message* shall nevertheless be delivered at that-port within iuch iix days aa a'ore-aid. And ihe laid Company doth hereby further agree that all the taid vessel! craploy- ed in ihe conveyance of Her Majesty's. mail* shall bolh on the outward and homeward vo' I at St. John'* Newfoundland or t of any of ilia vessels being prove ing St. John's to tbe satisfaction of .H Naval or other officer io charge ot Her BL-j* ils by sires* of weather or other unavoidable cause lh((i and in iuch case the —" sel shall caH at HolifVx No " said Cbmpany (ball convey lo and from and cause to be delivered und rel I ceived at each of the port* or place* at whicl ■ lho said vessels ore to proceed call or touch id performance of Ihii contract all such of Her Majesty's mails passengers and telcgrnphia messages as ihall have to be delivered or received ol such places 'respectively a* regard* the places mentioned in the timetable A here- .to annexed within tho times therein reipec fely specified bul should the said Company fail from whatever cnuie ariiing lo deliver the same at the laid places within the respective period* Hereinbefore mentioned or referred to then nnd in every such case the said Company snail forfeit and pay to Her Majeaty her beir^ and successor* tlio turn of £ a for every hour's delay beyond the itipuUied periods for the first 24 hour* ond a further sum of -10 fo every successive hour consumed on the rei .voyogei beyond the time mentioned table A after the expiration of die laid first 24 hours but the full amount of such pe- ■* on any one voyage shall in no. single' exceed the amount to be paid for such voyage. That the (aid Postmaster General any of his officer* or agents shall be at liberty and have full power at any tim* during the* continuance of this Contract to direct dial any one or more of such vessels so conveying iter Majesty's mails Irom any of the said port* or places shall dehty her or iheir departure for From the Correspondent ofthe Lonsitm Tablet. THE CONSCRIPTION'ACT. -hi: l-otVEi. General on appeal bv the said Company lhal! ihink proper to deeMo otherwise but it ia understood the nbove expression " to determine very question" thall not confer upon tuch itrlcer or other person as aforesaid the power of Compulsion in such caso. 12. Tbat If the said Postmnsler-Gcnernl at any time or time* think fit 1 e ahall be at liberty in any cese or case* to appoint in addition lo tbe taid naval officer a civil officer in his tcrvico to bave ctiarge of llio mid mails and in iuch case or cases'any such Ipsl-mentioned 'officer and nlso a servant ot the said officer if required shall bo received and be allowed (o remain on board ench of the taid ve**el*«s is herein provided witb respect lo any each naval officer and hit servant but when any civil officer in the service of Her Majesty's Post Office ha* tbe charge of the laid mails his du- ' (hall be confined (o tbo Poet OfBoe busj- 3. That the said Company ihall provide n is literary and suitable accommodation lo nuufnction of Ihe Postmaster-General for * il.tjgifir.he ate ot the Govemniee* 1_N--or the purpose of sortTfigand up sucb mail! on board of »ueh vet- Is with all necessary and suitable lining.-up Ihe" performance of iuch duties. 14. That a suitable first-class cabin wilb appropriate bedding and furniture shall at thi coet of the said Company be provided slid appropriated b« them fir and lo the exclusive use nnd for the tole accommodation of inch officer or otber persons and also per and convenient place of deposit on board wiih secure lock and key for .Her Majesty' aiails and Ihot each and every of the said officers or other persons shall be victualled by the said Company as n chief-cabin passenger without any charge being mnde cither for his passage or victualling and lhat should all' or any of such officer* or other persons requi servant such aervant shall be also provided wilh a prope; and suitable berth and be duly victualled by and at the cost of the said Company without any charge being made for the **"**• over Ibeir own militia. ' Over tbe regular 15. That Her Majesty's mails hereby army the Government of the United Slates agreed to be conveyed ihall bo delivered and have aa unlimiied power. They nay u.e it received at each of Uie phices lo which Iho said in nil cases where military force is needed, in vessels are lo proceed in Ihe performance of «ny part of the world, under lucli officers, and this Contract and that each port or pUce where for iuch period! «t they please. There always The Abolitidn pnrly justify the Comcrip- >n Act on^lhal clause of the Conitilulion which empower! Congress to "raise and I ~rt armies." The assumption is dispose. the following cxlrnct from o tpeec'i deliv. cred by the Hon. Jeremiah Mnton, of New Iliunpihire, in Congress, in 1814. Mr. M. n one of tbe ablest lawyers of his day. He The authority given lo Congress •*•* to raiie and tupport armies," comprises their whole power on the .lubject. Thi*, and the authority of calling forth tho mililia under certain circumstances nre, the means by which I he common defence U to te provided for. C»n tbe Legislature, by Virtue of thii grant of power, adopt tho proposed plan of conscrip- and place by forco such pert of Ibe po- ion of the United Sutet, and for tbch period* at ihall be deemed expedient, in the rank* of the regular army? A power so transcendent and dangerous mast, to justify tbe exercise of it, be derived from plain principle's, nnd depend on nodoubtful construction Th«__po ver to raise nnd support armies must be construed according to the intentions and understanding of the people of tbe United Stales, w-i,o mode the Constitution, consistently with all the known and ettabliihod right* of the Slates and of the people, and consis- tcnily with all tbe general principles of civil liberty. In three specified cases only, and also for service within the limits of the United Slates, and onder Uio command of tbeir own State officer*, and, as I think, for »hort period* ot aerviee, can ihis Government call on the States for tbeir militia. From these restrictions apparent the power of the United Stnlei a very limited nature, and that the State* W\U retain by far tbe greatest portion of authority Ibeir own militia. " THE CONSCRIPTION-LETTER OF GOVERNOR SEYMOUR TO THE PRESIDENT ASKING FOR A SUSPENSION OF THE DRAFT. AND A TRIAL OF ITS CONSTITUTIONALITY—HIS REQUEST REFUSED. On the 3d of August, the Governor ef Ne*r York wrote'to the President, setting forth tbe [_*". injustice and inequality of tho d(aft, *: ' 01 ed mi ..In. Suit.. „f \'„. v_,.i ri,.. be delivered and received tbe snid officer or olher persons having charge or Her Majesty's muils shall whenever and at , , often as by bim deemed practicable or ncces- any period not exceeding 24 hours beyond the „ry be conveyed on ilmre and also from ihe ve been fixed for the dc- JBL, l0 „,e vegle, CInpioye% then And it ii hereby agreed that the service hereby contracted to be performed shall be divided into a winter and summer service and lhat ibe winter lervice tholl include (he months of November December January February and March end (he remaining seven mouth- shall constitute the summer service. And the said Company hereby agree with the said Postmaster-General that the uid diligently faithfully end to Ibe satisfaction of Ihe said Postmaster-General and with all possible speed convey Her Majesty** mail* on board ihe taid. veetel* respectively a* hereinafter mentioned. That inch vessels so approved of and equipped and manned o* aforesaid and wiih Her Majes- ly'emaiU on board shall on iuch dayi and at ineB hoers as the said Postmaster-General maj at any lime or times appoint immediate). nfter Hrr Majesty's moils ere embarked from lime (o time put lo tea from the several ports nnd nt tbe limes mentioned in Ihe time table marked A hereunto annexed and shall perform the several voyage* out and borne at mentioned io ihe taid table and thall Und tbe moil* al or by tbe timet therein sel forth. 4. That the taid Company will at all times during die coniinuonce oflhii Contract deliver inch telegraphic messages at the said Po*I- masler-General mar at any lime or times direct at St. John's Newfoundland within the slayi from the lime of tha vessel carrying tbem period whicli may pnrlure of sucli vcos-*! or vesseU nnd a letter idilressed lo Ihe Commander or 'officer in charge of the vessel so lo he deloyed shall be a .ufficient authority fur such detention. >• i 7. That if nny vessel having Her Majesty's moil* on board shall stop linger or deviate from the direct course on tier voynge or shall delay Starling at exact time or shall put bock imo port oftcr starting wilhoul the snnc- each and every case of U.e officer or olhcr person authorised tu Ulve the cliargc of 'the said mnils or when so sanctioned to pat bark imo port shall nol slart again nnd proceed direct in performance of the service hereby coiilracieel 'or when and so soon as required by the said officer or other person nu. ihorisrd lo have the charge or the said mails then and in each Ami every ol such cases and ni often as the some shall happen die snid Company shnll and will pay unlo Her Bla- jesty her heirs and successors the sum of £100 nnd dial if n vessel which ought to leave Galway Boston or New York in die oerfonnnnce of tliis Contraci ihall not proceed on her voynge for 12 hours after the propcr'and appointed timo ihe snid Company shall and will so often as any soch omission limit happen pny unto Her Blnjesty her heirs nnd successors Ihe sum of i.300 and also lha further sum of £500 for cvory successive period of 12 hour* which shall elapse until such vessel shall teed on her voyage iu tbe performance of Contract. . That Ihe said Company shall ond will from lime to time and at all limes during the of tbis Contract make iuch nlter- iiprovcineiifs in ihe construction equipments or machinery of eoch and every ofthe said vessels wliich shall be used by tbem in tbe performance of ihis Contract at the advanced state of science may suggest and the said Postmaster-General may direct. Provided always that tbe said Company shnll nol be liable lo any penalties for di loy in proceeding to sea on the day and at th hour fixed or for excess of (ime in performing nny voyage if sucb deUy be proveil lo the satisfaction of the said Postmaster-General lo hnve arisen from circumstances over wbich the said Company and their servants bad not and could not have any control. .nd tho aaid Company do hereby further agree thot die said Company shall at all lime* during Ihe continuance of this Contract hove in conila.it readiness for the du* of tbe »ervice hereby contracted to be performed the number of vessels eqnol in tonnage ond efficiency to those hereinbefore stipulated lo be provided and shall in every eaie of ony of the said vesseU becoming disabled immediately at their own cost and charge replace the same by good and efficient vessels of similar tonnage obtained by hire o " 11. That the said Company shall ond allow to remain on board each of the said vessels so to be and while employed in the performance of this Contract and nlso while remaining at each or eilber of the port* or place! for return mails and with or without moils in charge an officer in Her Majesty's Nnvy or any.other person to be appointed by the said Postmaster-General to take charge of Ihe said mailt and alto a tervanl of the said officer or other person at aforesaid if required and thai every tuch officer or person shnll be recognised and considered by the mid Company and their officer* agents end seamen as the agent of the said Postmaster-General in charge of Her Blnjesty'* mail* and at having fall ee. iboriiy in all cases to require n due ond Uriel execution of thit Conlraot on tbe part of Ihe .aid Company tbeir officers servants and agent! nnd lo determine every question whenever arising relative lo proceeding to tea or patting inlo hiii-Hiur or to tha nece*sily ot Hopping a.iiit ony vrisel in dislrest or lo save humnn liie and thot die decision of sueh other person a* aforesaid shall in each and every inch c**ei be final ond binding on the aaid Company unleu the laid Foitmatter- iployea for Ihe being In the performance of this Contract together with or (il such officer consider requisite for Ihe purposes or Uiis Contract) without Her Majesty's mails ia a suitable and seaworthy boat of not less Ihan four oars to be fornistied wilh effectual covering for the mail bags and properly provided manned and equipped hy the void Company and lhal the directions of the said officer'or other persons shall in otl cases bo oheyed tm lo thu mode tmtto and pines, of receiving and delivering Her Majesty'* Mails. IC. Thai if Ihe inid Poslmruler-General all drring die coiiii-iiuinee or this Coitract or ony"l*ttrt thereof think fit lu intrust the charge und custody ot" the mails to the masters of nil 0/- ony of the vesseU to he employed in the performance or (bis Contract nnd in nl! enses when tlie officer orolher person appointed lo have charge or Her Blajeity't mails shall be absent the Bluslcrs of nil orony of such vessels shnll wilhoul nny charge lo die public take care of aud shall be responsible for Iho ipt safe custody ond delivery of (he said mails and each of sucli masters shall make the usual oalh or decfarntion or decUralions required or whicli moy hcrenftcr be required by Her Majesty's Po.s(maslor-Goneml in iuch nnd similar case* and furnish such journal^ re- lurm nnd information to and perform such services as the snid Posimasier-General or any of hi* agents may require nnd every such master having the charge ol such mails ihall himseirimmediately on the arrival ot any of the laid ports or places of any vessels to conveying the same himself deliver all her Blnjesty's mail! for such port or place into tbe hands ■f the Postmoiter of iho port or plaeaj where iuch mails nre to be delivered or iplo the bonds of tuch oilier person as the said Post- laiter-General shall direct and authorize tc :ccive the some receiving in like manner al the return and other mails to he forwarded ir . That the said Company shall not no any ot the masters of any of the vessel employed or to be employed under this Con Met receive or permit to be received on board sny of the vessels employed under ihis Coi sny tellers for conveyance .other than those duty in charge ofthe said navnl officer or other perton authorised (o havo charge of (he sai, moils under or by virtue of tiii« Contract o which ore or may be privileged by Inw and th laid naval officer or ether person shall report (o Ihe iuid Pottmaiter-Genernl any default in ihii respect and in case of any sucb default the said Company shull be liable to be proceeded against a breach of thia 'Contract 18. That every nnval officer authorized ._ have (be charge of tbe said Mails shall eilher alone or wiih inch other persons as be may consider necessary have full power and authority whenever aaa as often as he may deem tl requisite lo examine and survey in *uch manner and wilh the asaistanee of sacb persona as be may think proper all and every tr any ol Ihe vesseU employed or to be> employed in the performance of this Contract and the hull* engine! machinery equipments and crews (hereof on hit giving reasonable notice in writing to the mailer or commander for the lime being cf lho vessel about lo be examined or to Ihe person acting as such af such hii Intention ond if any defect or deficiency be aseermined and notice thereof in writing be given (o such master or person and if tbe said master or person shall not immediately soon as possible thereupon remedy replt effectively repair or nuike good every sqeh defect or deficiency the said Company shall in every such case forfeit and pay to Her Mrjesly ber bein and snsscssori the turn of £100 but the payment of tuch penalty tball not in any-wise release or discharge the laid Company from remedying replaciag or effectively repairing or making good iuch deficiency or defect onfrum being coitsidered lo bare committed a breach of thii Conlrac'.. (To* havo been in ihii country important dislinclion* between the mililia ond (he reguUrarmy. These distinctions were always kept up, and in various instapecs, as exemplified in the wnr of (ho Revolution, and were well understood by the people ofthe Uniled Sialcs at the tii of forming the Constitution. Ifany inch power as ihat contended for could ive been conceived to be granled by (he Consiiluiion, it would have been delected nnd pointed oot by those so much alarmed -, yet believed tbat such construction was jiot sn suggested, in any of the Conventions, alihough ihe lubject was there most ably du- The power claimed is doubtless vastly great- nnd more dangerous than my olhair possessed by ibo Government. Il subjects Ih personal freedom of every citizon, in compari fon with whicli die riglus of properly are in significant, (o arbUrary discretion. All ihe rrcruiis wanted for (he nrmy mighl "if the Government sliould so please, bo taken from one section of die Union. "'"ere Iho Government at liberty to ies hy forcibty Inking men at their di il might, by n similar construction of the ( ...i-iifufion. support ihem hy taking property a like manner. Tho armies when raised, iglit live nt free quarters on the people. I. similar way a novy might be provided, by seizing the ships of individual-!. The right ' both cases is tho same : the injury and disiec in taking property Iho least. k Has die Government a simiUr power .press men for tho Navy } ' The States stilt retaining tho principal .wer over (ho mililia, hns been shown, the power given this Government lo raise armies must not be so construed as to destroy tbot power of die States. This surely annihilates ,11 Stnte power over tlieir militit. The whole r in part may. at die pleasure or this Government, bo converted intj u regular army, and llie pro'vuion of tho Constitution in this, particular, together wilh Iho rights of the States, be destroyed. 'To that part of the Secretary's plan which •commends o tax lo bo levied on all property 'ithin the precinct of .the class, in order lo raise Iho bounty for tho recruits, objections occur, which, in ordinary limes, would soem in- surmo-rtilnble. Tlie lax proposed is a violation o( ihe Constitution loo plain and obvious io require any reason to demonstrate. Il Ls, however, in my opinion, of less importance than the other, which affects the rights of personal liberty as tliis does the rights of properly. Heduco the peoplo to slavery, and you may take their property when and ns you please. AH wilhin the prescribed ages, whatever may be their pursuits or condition jn life, muit submit to the iron yoke; priests must be taken from the allar, nnd judges rrom tho bench. The highest officers, both civil nnd military, must be ignominiouily forced into tbt ranks of the army. Tho seminaries of learning are to be roblvd of Iheir professors anc scholars. Neither literalnnr'nor science, ex cept what is subservient lo the mililary art wilt be held in estimation. The counlry wii become mililary, and be involved in perpetual ware, often waged to gratify the ambition of rulers. History evinces that wars of ambition are not less tbe pest* of Republic* than Monarchies. Sueh a measure cannot, it ought not, submitted to. If it could in. no other way be averted, I not only believe, but I bo'pe it would ly resisted. The most odion cruel slavery would be tbe inevitable quences of submission. On a former day, when Ihii measure was mentioned by an honourable member,'I called it week, violent ond wicked. On mature reflection, I see no reason lo ehar my opinion of iu character. Il it weak, for it 1* ill-calculated to effect its object j violent, for it attempts to uio force witlioul right i and wicked, for if sueceniul it will destroy the* Constitution and liberties of the counlry. •the State of New York. The letter of Mr. Seymour ii very moderate in iti tone, in ■net wo think too moderate, for the emergency . which he it placed. It u more in the form "a request or petition than in lha character of demand on the part of the chief magistrate ofa great ilnle, numbering four million! of in. habitants. Ho ask* that the operation ofthe Conscription act shall be suspended till such lime ui iis constitutionality can be tested, and then he adds in tbe enforcement of this re- confident yoa will foe) tbot acouiexene* __ pie* wili bo but o imall couccswon for our Uovermaca. lo make to our people, and partietvtar- If lhat it .held o»ore ittntf ood them ot (be tc-, corelance of ils subordinate Iowa with Ui* luprem* Uw orthe Und. It wilTUi bul a IillU price to pay for the peace tsfAhe, public mind. It will abate noihing from tho dignity, nothing from the wvep^ reijnity ol tbe nalion to thaw a just rec.nl for ther- mnjetty or Unlaw, tnd a paternal interest in ibe 'shot and welfare ot our ciluea*." To Ihis request, presented in such moderate nguage as to assume llie character of a petition, tlie President lays he " cannot con-tent suspend -—e draft in New York, because ong other reason*, time is too important.-* so lhat tbo moderate request of Governor Seymour is flatly denied. The President, bowever, states that he does " not object to abide a decision ofthe United Stale* Supremo Court, or tho Judges thereof, on constitutionality of tbe Draft-law; bul," he proceeds, ■ / cannot content to los* the time while it it being obtained." The President's reply ends with thu following remarkable statement: 14 We oro contending with an enemy who, oe I undentand, drives every able-bodied mon be con —** "nto bii rtuki, very much u a butcher drive* s into a ilaughter pen. V ' jumc.it it uied. Phi* p whicb will soon turn upon our i diert already in tbe field, if ihey tball not be «u- toiaed by recruit* a* they ihould be. It produce* in army wilb a rapidity not to be matched on oir' lide, if we Snt'waste lime lo re-experimoot wilh the volunteer system, already deemed by Coogreo, and palpably, in fact, u far exhausted,ai to be inadequate, aod then more timo to obtain a Court decision aa to whether a It* ii conaituiionol which require! a part of those not now in tbe _erv.ee to go to tbe aid'of those who ore already in it; and still more time t* determine with absolute certainly tbot we get thaw who are to go, in the pnciiely legal proportion to tbote wbo are not to go. My purpose is to bo in my action just and constitutional, and yet practical, in performing lho iinporunt duty with which I am chirked of maintaining lho ity and tbo fireo principle! of our common t produce* aa ■ BIr. Lineoln informs- us that the enemy " drives every able-bodied mad he can reach in o his ranks, very much as a butcher driree bullocks into a slaughter pen," In ihis respect, wo must eonfe."**, thore ii no difference between Abraham Lincoln nnd Jt^rrson Davis. In foci, we thing the former ha^rather the advantage of the latter in this matter, for although lie set out with ihe declaration that nobody was hurt, he tins contrived by his policy to do n pretty extensive butchering business. The whole correspondence, bowever, resolves itsctl into (his one fact, Ibat Abraham Lincoln cannot afford lo wait until-tlie constitutionality of Ihe Omscription Act can be tested, and he will therefore proceed despite tho moderate request of Governor Seymour to its enforcement nt pnoe. Now, the question is, will Ihe Cnief Executive of tbis State submit to be treated as n cypher or as a mere lieutenant of the "Washington .despotism, er will he on the contrary,place thk State of New Tori at once upon a war footing, and, changing hi* request into a demand, insist that Ihe constitutionality of the law muit bo submitted to the lest oflhe Constitution. It now remains to be seen whether fbis Slato is to preserve; R* •er-ignty inviolate or to be converted into » province which ihnll be ruled direct IromN, Washington. If Governor Seymour is the man for tho emergency, the Empire State may pass safely through the present crisis—if ho fait his name will become a reproach among the people of Now York. We hopo ho may be equal lo tho trial (o wbich he wilt soon be ibjecled ty (he despotism in Washington. As for ourselves, we ask no more than that lie act up the spirit of hii letter la Iho Val- lundigham meeting held some months ago at Albany. * A poet was walking wilh Talleyrand in the street, antl nt the tame lima reciting some of his own verse*. Talleyrand, perceiving at a ibort distance a man yawning, pointing liim out to bi* friend, laying. '" "* io loud 1 be heart yoa I" SllOCKlMO TttAOEOT KBAU CO-ISTAWTt- irte.—We rend in Uio 44 Levant Herald" of July 15:—''A tragedy occurred al Ortakcui on Friday afternoon Ust, wliicli is worth report for ihu double reason of sbowiug with wbat at least temporary impunity life may slill be sacrificed in open day in tbe imino- diale suburbs of the capital, and of exposing a of priestly indecency ibal loudly calls for public reprobation. On tbe afternoon in ques- "on an old Jew miser resident in tho village, iho, after successfully haggling wilh a coi-ec.- monger for some cucumbers for whieh the latter asked 10 paras each, had gene to the market place and bought a supply at 6 pent*, was lurning borne wilh hit bargain when he met the open ttreet a couple ol Croats. One of them knocked him down wilh a blow of a stick across the forehead, ond then quietly walked off wilh the cucumbers, leaving his i to complete what followed, which tbe ruffian did with a leisurely tang froid of a butcher *Uughtering a sheep. With his knee on ibe old man's breast, be drear hu kamn, and holding back Ihe head wbitteA away till Ihe neck was nearly severed. Ite next quietly rifled hU .iclim of everything worth taking from the body, and then turning towards the windows of some ofthe neighbouring hduses whose inmates bud been witnesses ofthe whole, and who, with true native cowardice, bad contented ihemselvei wilb bawling for the polioe. he shook his dagger defiantly at Ibe poltroom, wiped it on tho dead man's gown, ond walked slowly, off after hit companion The murderer gqno, the neighboura took courage and removed the body to It* late home; and nottr happened the priestly ihnro in the outrage. On application _*eiiig made to the rabbi to bury the murdered man, be refuted, into** paid 50,000 p., tb* deo***ed baring be Mid. neglected Iba duties ' of charity end been otherwise a greet tow-breaker whiU |