Harper's New Monthly Magazine. No. XVI.—September, 1851—Vol. III

In New York a joint call for a State Convention of the Whig party, to be held at Syracuse on the 10th of September, has been issued by the Legislative Committee and the State Committees appointed by the Syracuse and Utica Conventions last year. These Committees have agreed upon a statement of what they believe to be the sentiments of the great body of the party in the State, of which the following are the principal: They are in favor of an economical administration of government; of strict adherence to the Constitution and the laws; of appropriations for river and harbor improvements; of protection to American industry by a discriminating tariff. They are opposed to the extension of slavery over any territory where it does not now exist; while they recognize the right of each State to regulate its own municipal affairs. They will abide by the Constitution and laws, as interpreted by the proper tribunals; while they assert the right of discussing all laws, and seeking by constitutional means their repeal or modification; but they condemn all attempts to resist, defeat, or render ineffectual any law, State or National, constitutionally passed. They approve of the course pursued by the National and State Administrations. – Hon. Greene C. Bronson, late Chief Justice of the Court of Appeals has furnished, at the request of the Governor of the State, an elaborate opinion respecting the constitutionality of the act lately passed for the enlargement of the canals. He examines at length the grounds upon which its constitutionality has been denied, and pronounces them insufficient. He says that the certificates do not constitute a debt against the State, since they are payable only out of the revenue of the canals, and the State incurs no general obligation. It merely assumes a trust; and can be a debtor only when chargeable with a breach of the trust. Obligation to pay is essential to a debt; and as the State assumes, no obligation it incurs no debt. The Constitution appropriates the revenues of the canals to this enlargement, in such manner as the Legislature shall direct; the Legislature proposes to anticipate the receipt of these revenues by transferring them for ready money to individuals. The provision that "The remainder of the revenues of said canals shall (in each fiscal year) be applied" to the enlargement, he says must be understood to mean that the remainder accruing in each year shall be so applied; not that the remainder shall be applied in each year, which would be impossible, for the amount of the remainder can not be ascertained till after the close of the year. After examining in detail all the arguments adduced, he says that in his opinion "Every thing has been done which the people, in the Constitution, declared should be done; that it has been done without contracting a debt, or bringing any burden upon the people;" and that therefore he "entertains the firm conviction that the act does not conflict with the fundamental law."

A public dinner was given at New York, July 19, to Archbishop Hughes, to welcome him on his return from Europe. In reply to complimentary toasts, the Archbishop spoke of the honors which he had received abroad, as having been rendered to him on account of the county and city of his residence. In speaking of his own official course, he referred to the ground he had taken on the subject of education, denying that he had interfered with the instruction of any but the members of his own flock, in respect to whom he never would consent that education should be separated from religion, using that term in its broadest sense; for "the religion of the least desirable denomination in this country, blended with education, was better than no religious teaching at all." He spoke in terms of severe reprehension of the present revolutionary party in Europe, who, he said, had no claims to rank with the founders of this Republic. – Letters were read in answer to invitations to attend, from Messrs. Clay, Cass, Webster, Buchanan, Scott, Hunt, Taney, Dix, and Stuart. – Mr. Clay's letter concluded as follows: "I should have been glad by my presence to have demonstrated my conviction that while all sincere Christians are aiming to arrive at the same state of future bliss, no matter by what road they may pursue their journey in this life – nothing should prevent those of one denomination from manifesting all proper courtesy and honor to eminent piety and devotion in another denomination." – Mr. Webster wrote that could he have been present, he should have offered the following sentiment: "Religious toleration and charity – Let all Christians remember that they have one Lord, one faith, one baptism." – Among the speeches of the evening was one by Charles O'Connor, Esq., of great eloquence, and characterized by a broad and genial spirit of tolerance, concluding with this sentiment: "The Catholic Church – May she hereafter, as ever heretofore, tender her faith to all willing recipients; and force upon mankind nothing but her charity."

We continue from the August Number our notices of the Commencement exercises of the principal collegiate institutions of the country. At Harvard University, on the 15th of July, Hon. Rufus Choate delivered before the Story Law Association an oration replete with the brilliant and ornate eloquence which characterizes all his public efforts. His object was to depict some of the leading tendences of public opinion at the present time in reference to the obligations of law; and to set forth the duties which devolve upon the members of the legal profession. Hon. John J. Crittenden, of Kentucky, was elected orator for the next year; substitutes, Reverdy Johnson, of Baltimore, and Ogden Hoffmann, of New York. Rev. Dr. Sprague, of Albany, delivered the oration before the Phi Beta Kappa Society. His subject was "The American Mind – its Origin and Destiny." Rev. John Pierpont recited a poem upon "Progress." The graduating class numbered 65. There were also 5 graduates from the Divinity School. The Commencement exercises of Hamilton College were opened July 20, with a discourse by Prof. Hopkins of Auburn, before the Society for Christian Research. Before the different Literary Societies poems were pronounced by Rev. R.H. Bacon and Rev. H.W. Parker, and an address by C.B. Sedgwick, Esq., of Syracuse, upon Progress in General and Legal Reform in particular. William E. Robinson, Esq., delivered an oration upon the subject of "The American People – Who – Whence – and Whither." In opposition to the prevalent opinion, he argued that this country was in no sense Anglo-Saxon, and contended stoutly that to his own Celtic race belongs the glory of forming the main elementary constituent of the American people. G.P.R. James, the Novelist, delivered a discourse on the Harmonies of Science, in the course of which he incidentally spoke of his own intention of becoming a citizen of the United States. John G. Saxe repeated the brilliant poem which he had pronounced a few days before at the Commencement of the University of New York. The graduating class numbered 38. At Rutgers College the Baccalaureate Address was delivered to a graduating class of 18 members, by the President, Hon. Theodore Frelinghuysen. The various Literary Societies of the College were addressed by Walter Rutherford, Esq., of Jersey City, in advocacy of a system of education rendered more practical by an increased attention to natural science, at the expense of a diminution of the classic element; – by Mr. David Cole, on the Necessity of Thorough Study to the production of a well disciplined Mind; – by Rev. E. Depeau, on a Right Improvement of Time; – and by G.W. Brown, Esq., who presented some comparative views of the condition of our own and of other countries; conceding their superiority over us in the cultivation of the fine arts; but insisting upon countervailing advantages on our part. At Yale the exercises of the one hundred and fiftieth Annual Commencement were opened, July 2d, by the Concio ad Clerum, preached by Lyman Atwater, D.D., upon Luther's favorite doctrine of Justification by Faith. Daniel Lord, Esq., of New York, delivered the annual oration before the Phi Beta Kappa Society. His subject was the Influence of the Pulpit and the Bar upon the Community and upon Social Progress; with special reference to the great politico-moral questions of the day. Daniel Webster was elected orator for next year, and William H. Seward substitute. The poem was pronounced by Alfred B. Street. It was a graceful sketch of the history of the Pilgrims, as illustrating their love of liberty. At the meeting of the Alumni it was announced that Professor Kingsley had tendered his resignation of the Latin Professorship, in pursuance of a resolution long since formed, to vacate the chair on the completion of the fiftieth year of his connection with the Faculty of Instruction. The number of graduates was 92. At Dartmouth an unusually large concourse was assembled in the expectation that Mr. Webster would be present and take part in the exercises, it being the fiftieth Commencement since his graduation. He was not, however, present. The Phi Beta Kappa oration was delivered by Chief Justice Gilchrist. The subject of this admirable oration was Classical Education as one of the best means of Preparation for the duties of Active Life. In the course of an eloquent delineation of the Character of Demosthenes, as a statesman and an orator, he said that Mr. Webster was the man who of all others bore most intellectual resemblance to the renowned Grecian orator. Mr. Saxe, whose name occurs more than once in our record of the collegiate exercises of the year, delivered a poem upon "New England." It was announced that the legacy of $50,000 left to the College by Abiel Chandler, of Boston, one of the graduates of Dartmouth, to establish a department for instruction in practical science and art, had been paid to the college, two years in advance of the limit allowed by the will of the testator; and that the department would soon be organized. The graduating class consisted of 43 members. The University of Vermont celebrated its Commencement during the week beginning August 2. The Baccalaureate Sermon, was preached to a graduating class of 19, by President Smith. Apollos, the man "mighty in the Scriptures," was held up as a pattern and exemplar for those who were about to commence the battle of life. The Society for Religious Inquiry was addressed by Rev. Henry Neill, of Lenox, Mass. Hon. F.H. Allen, of Boston, addressed the Associated Alumni upon the subject of Political Economy, not as the mere science of the production and accumulation of material wealth, but in its nobler aspects, as a distributor of it among an entire people, and as an instrument in the formation of the race. Mr. E.P. Whipple, of Boston, the brilliant Essayist, addressed the Literary Societies, depicting the characteristics of the English Mind, in a manner worthy of the high reputation of the orator. Rev. John Pierpont recited a poem in which the Yankee Character was keenly anatomized. The Commencement of the Wesleyan University at Middletown, Conn., occurred August 8. Rev. Dr. Cheever, of New York, addressed the Literary Societies upon "The Elements of a grand and permanent American Literature." Before the Psi Upsilon Fraternity a poem was delivered by S.J. Pike, Esq., and an oration upon Nationality, by W.G. Prescott, Esq. An address upon Imagination, by Rev. Henry Ward Beecher, and a poem by John J. Saxe, were delivered before the "Mystical Seven." In connection with this institution we notice the comparatively large proportion of its Alumni who have entered the clerical profession, or have become teachers. Of the 429 graduates, 125 have become clergymen, 25 lawyers, and 16 physicians; 4 have become presidents of colleges, 18 professors, 34 principals of seminaries of learning, and 72 teachers. At Union College, the Theological Society was addressed by Luther F. Beecher, D.D., upon the Choice of a Profession; the Senate by Hon. Mitchell Sanford, on the Battle of Life. The Phi Beta Kappa oration was by Rev. T.M. Clark, of Hartford. E.P. Whipple, the Essayist, delivered before the Literary Societies the oration, subsequently repeated at the University of Vermont, on the English Mind. Rev. Dr. Hickok, of Auburn Theological Seminary was elected Professor of Moral Philosophy and Vice-president of the College. The number of graduates was 76.

The number of subscribers to the Art Union, whose names were registered prior to July 30, is 5295, an increase of 1732 above those of the corresponding period last year. – The plaster-models of the celebrated statues of Christ and the Twelve Apostles, by Thorwaldsen, the marble copies of which adorn the principal church in Copenhagen, have been purchased by a gentleman of this city, and will be shortly exhibited here. They will be accompanied by one or two other works of the great Danish sculptor. – A colossal statue, in bronze, of DeWitt Clinton, is to be erected in Greenwood Cemetery, from a model by H.K. Brown. – From the Bulletin of the Art Union we learn that Mr. HUNTINGTON accompanied by Mr. Gray, has gone to England. Mr. Gray took with him three of his paintings: The Wages of War; Dolce far Niente, a half-length female figure; and Quiet Influences, a cabinet picture, representing a lady seated at a window surrounded by books and instruments of music. – The Art Union is in daily expectation of a Holy Family, painted for it by Mr. Page, in Italy. This artist has also shipped to this country a Psyche, taken from a bust by Powers; a copy from Titian's portrait of one of the Dukes of Urbino; and a Study of Florentine Nature. – Greenough's group of the Pioneer, designed for the Capitol, of which we gave a description some months since, is nearly completed.

The steamer Atlantic, the first of the Collins line, whose apprehended loss, some eight months since, caused such a general feeling of anxiety throughout the country, and the tidings of whose safety diffused such universal joy, has again made her appearance in our waters. She was greeted by cheers long and loud from a great crowd who had assembled to bid her welcome. At the hour of her arrival from the East, Jenny Lind was approaching our city from the North. The moment she heard of the arrival of the steamer, she hastened to the wharf, to greet the reappearance of the noble vessel, which conveyed her to our shores.

During the month of July the number of immigrants who arrived at the port of New York was 30,034; of whom about 20,000 were from Great Britain and Ireland, 4500 from Germany, and 4700 from France.

A convention has been called to meet at New Orleans, to consider the propriety of taking measures for the construction of a system of railroads, to connect the States upon the Gulf of Mexico with those of the West and Northwest. The convention is to be held on the first Monday in January.

A convention of free people of color has been held at Indianapolis, Ia., to deliberate upon matters relating to their interests and prospects as a class. The convention while insisting upon their right to remain in this country, passed resolutions affirming the expediency of emigrating, provided that the laws should become intolerably burdensome to them. Among the places mentioned as suitable for them to colonize were Canada, Mexico, Jamaica, and Central America. They expressed a strong disinclination to emigrate to Liberia.

A treaty has been concluded with the Sioux Indians, by which they cede to the United States a tract of land in Minnesota, estimated to contain 21,000,000 acres. They reserve to themselves a tract in Upper Minnesota, 100 miles by 20 in extent. They are to receive $305,000 after their removal to their reservation; and an annual payment of $68,000 a year, for fifty years.

Mr. Brace, the American traveler who was arrested and imprisoned in Hungary, on suspicion of being engaged in plots against the Austrian Government, has been set at liberty, through the interposition of the American Chargé at Vienna. He has published in several papers, of which he is correspondent, statements setting forth the harsh treatment to which he was subjected.

The project of introducing steam communication between New York and Galway in Ireland, has by no means been abandoned. The Midland Great Western Railway Company offer a bonus of £500 to the first vessel which shall deliver her mails at Galway within nine days from her departure from New York; and an additional sum of £10 for every hour that the passage falls short of nine days.

A recent arrival at New York has brought 47 Hungarian refugees, of whom 15 were companions of Kossuth at Kutaiah. We find in the European papers statements that the period of his detention is to expire on the first of September, when he will be at liberty to go to any part of the world. He himself, it is evident, entertains no such expectation. In a letter, dated May 4, to Mr. Homes, American Chargé at Constantinople, he says that no reliance is to be placed upon these reports; and that he is doomed to perish in captivity. He complains bitterly that the promises of hospitality which were made to him when he entered the Turkish dominions, have not been fulfilled. The so-called release of the greater portion of refugees who accompanied him, instead of being an act of generosity, is, he says, but an aggravation of the injustice and perfidy practiced toward him. A great number of exiles wished to share his fate; but permission was granted to only 23. These, with the exception of five, were forced to leave him, in spite of their urgent remonstrances. His request to be allowed to send his children to the United States, in accordance with the offer of our Government, was denied. Appended to the letter of Kossuth, is the protest of the refugees, declaring the order for their separation from Kossuth to be unjust, cruel, and contrary to the law of nations. They affirm they will only obey it when executed by actual force.

The 4th of July was celebrated at Turks Island with great good feeling. British, as well as American subjects were present; and Mr. Speer, the British Comptroller of Customs, who presided at the dinner, upon the invitation of the American consul, offered the following toast: "The Fourth of July – The day above all others in the political calendar to be revered by the Americans; and in the celebration of which the most loyal subjects of her Majesty may properly join."

Mr. William Ragland, of Virginia, who died in 1849, by his last will and testament emancipated all his slaves, 90 in number, leaving to them also the plantation upon which he had resided: or, in case it should be made illegal for them to remain upon it, the estate was to be sold, and the proceeds to be employed in settling the slaves elsewhere. The property thus bequeathed is stated to be worth $50,000. The will was contested by the relatives of the testator, but its validity has been established by the Supreme Court sitting at Richmond.

Soundings have been made by the officers of the navy, from which it appears that the depth of water in the Gulf of Mexico is about a mile, and that of the Great Atlantic basin, from the capes of Virginia to the Island of Madeira, about five and a half miles.

There is no little excitement in portions of Texas, arising from the escape of slaves into Mexico, and the refusal of the Mexican authorities to surrender them. The number of fugitives is said to amount to 2000. Threats are made of seizing them by an armed force.

At a conference held by the Commissioner of Indian Affairs, with the Sioux and other Indian tribes, with a view to effect a treaty, a repast was given to these genuine Native American Red Republicans. The following are the names of the guests: Hawk-that-hunts-walking, Sound-of-earth-walking, Red-Eagle, Good-Thunder, The-Wounded, Arrow, Big Fire, The-Crow, Goes-Flying, Sham-Boy, Eagle Head, Iron-Toe-Nails, Big-Cloud, Brown-Cloud, Round-Wind, War-Club-of-big-Voice, Earth, Makes-his-Track.

The first book printed in the State of New York was the Constitution of the State. It was printed in 1777 by Samuel Loudon, at Fishkill. A copy of this very rare edition is in possession of Hon. G.C. Verplanck.

SOUTHERN AMERICA

From Mexico our intelligence continues to be of the most gloomy character. We have accounts of risings and insurrections in various States, which do not seem to be parts of any general system, but isolated and unconnected outbreaks, arising from the decay of all settled authority. The Government is terribly distressed for the pecuniary means of carrying on its operations. The Minister of Finance has addressed a circular to the Governors of the different States, asking them to co-operate in the measures he has proposed for the supply of the necessities of Government. He has proposed a plan for augmenting the revenues, which has been favorably reported upon by committees of both Houses. He proposes a territorial impost; a general capitation tax; an augmented duty upon the circulation and export of silver; and a duty upon the consumption of tobacco. The foreign creditors of the Government grow clamorous for their dues. The British Minister notifies the Government that unless prompt measures are taken, so that he shall be enabled to transmit by the next packet intelligence of a satisfactory arrangement with the English creditors, decisive measures will be resorted to. The French and Spanish Ministers, in order not to lose their share of the spoil, in the event of the total wreck of the ship of state, give notice that their Governments will follow, in this respect, the example of the British. In the mean time the relations of Mexico and the United States are liable at any moment to take a hostile turn, owing to the action of the Mexican Government in annulling the grant made to Garray, in relation to the Tehuantepec Railway, whose rights have passed into the hands of American citizens. As this affair is likely to prove of ultimate importance, we present a statement, involving, as we believe, all the essential facts of the case: In March, 1842, Santa Anna being President, a grant of land and valuable privileges was made to Don José Garray, to enable him to establish steam communication across the Isthmus of Tehuantepec, the possession of his rights being guaranteed to his successors, whether natives or foreigners. In February, 1843, Bravo being President, an order was issued that Garray should be put in possession of the lands promised him, which was done. In October of the same year, Santa Anna being again President, a decree was issued, stating that Garray had completed his surveys, and ordering the departments in which the work was situated to furnish him with 300 convicts to carry on the work. In December of the same year, the time for commencing the works, which was to expire July 1, 1844, was extended for one year. During the course of the year 1845, Garray asked for a further extension of time, and certain additional exemptions and privileges. While his request was under favorable consideration by the Mexican Congress, a revolution occurred in Mexico, by which Salas was invested with supreme dictatorial power. He issued a decree still further extending the time for the commencement of the work till November 5, 1848, previous to which period, it is claimed by the Company that the work had been actually commenced: this statement, however, is disputed; it being asserted that for months afterward the first blow of a spade had not been struck. Meanwhile in 1846-47, Garray had transferred his right to Manning and Mackintosh, British subjects residing in Mexico, the transfer being recognized by the Mexican Government. During the negotiations for peace between Mexico and the United States, the sum of $15,000,000 was offered by the latter for the right of way across the Isthmus, which was declined, on the ground that the right had been already disposed of. Thereupon Mr. P.A. Hargous, an American citizen, purchased the right of Manning and Mackintosh, and formed a company to carry on the work. Apprehensive of obstacles arising from the instability of the Mexican Government, the Company made overtures for the purpose of placing the work under the joint protection of the American and Mexican Governments; and also desired to make new surveys, not feeling full confidence in those which had been made. A treaty was drawn up in accordance with the request; this draft not being satisfactory, it was returned to Mexico to be amended. In the mean time a new Government had been inaugurated, with whom a new treaty was negotiated, which was accepted by the Company, whose acceptance was made a condition precedent to the ratification. This treaty was ratified by the United States Senate, and transmitted to Mexico for ratification. In the meanwhile, a change took place in the policy of the Mexican Government, who doubtless began to look with apprehension upon the bestowal of so extensive privileges upon Americans. A law was passed annulling the decree of Salas, by which a delay of two years was granted for the commencement of the work, on the ground that he had no power to make such a decree, involving as it did a virtual grant of a considerable amount of the territory of the nation. If the decree of Salas was annulled, the grant to Garray became invalid, because the work had not been commenced at the prescribed time. The Company contend, on their part, that the decree of Salas, under which they hold their claim, was passed by the actual Government of the country, all of whose other acts have been recognized as of binding force; and that under this decree they have made large expenditures. They manifest a determination to persevere in the accomplishment of the enterprise, in spite of all the force which the Mexican Government can bring against them. Communications, the purport of which has not transpired, have been made by the Government of the United States to that of Mexico, in relation to this subject. The American Minister, Mr. Letcher, who has been long detained from his post by ill-health will probably soon return to Mexico, when it is hoped that this vexatious and intricate affair may be peaceably arranged.