to the Baltimore resolutions could not consistently vote for these improvements. The resolution disavowing the right to establish a general system of internal improvements, originated with Silas Wright. "What he meant, and what the democratic party mean to repudiate, is the power to spread a great system of public works through the whole country, embracing roads, canals, rivers, and harbors, and ponds, too, for aught I know-a system by which the Union was to be covered with roads and canals as by a net work, and whose consequences, as well financially, in the enormous expenditure it would entail, as morally and practically, by the corruptions it would lead to, no man can seriously contemplate without alarm. Why, sir, a fact which has just been stated by an honorable member, that at the time of the Maysville veto, there were propositions before committees of Congress for lines of roads to the amount of $106,000,000, as I understood him, for I have not time to refer to the documents, places in a striking light the dangers we were exposed to, and from which we escaped by the firmness and wisdom of Andrew Jackson; and by the adherence of the democratic party to the principles of this great act, we are yet safe from this peril. They have taken roads and canals from the grasp of the general government, and all the rivers, except a few, which can be considered national in their character by the contributions they furnish to the commerce of the country. A great system of internal improvements is exploded, and the powers of the government are confined within their legitimate boundaries-the right to regulate commerce, and to improve natural reservoirs, and some of the principal natural avenues of communication."

Gen. Cass advocated the appropriations for the harbors on the lakes, but made objection in detail to many of the items in the bill, and, as Mr. Dawson had done, to the want of proper surveys and estimates. He also was opposed to such an immense outlay, at a time when the government could not spare the money. He took the position, that the appropriations for the Mississippi River are rendered constitutional by the great extent of country drained by its tributaries; that it becomes national, because ramified through a great number of States, and accommodating a great number of people. Indeed the appropriation for removing obstructions from the Mississippi met with general favor. Mr. Rusk said that this great river should be the leading object, in a bill of appropriations for internal improvements; and it would be only justice to give one million of the appropriation for the Mississippi and its tributaries.

Mr. Davis, of Mississippi, made a long speech against the bill, and the whole system of internal improvements, as opposed to the constitution, and to the doctrine and usages of the democratic party,

and that whoever, claiming to be of that party, sustained this bill had by that act gone over to the policy of the whig party. Mr. Borland, who also claimed to stand on the democratic platform, but who had strenuously advocated this bill, replied in strong terms to this charge, and showed by the minutes of the Secretary in relation to the passage of the River and Harbor bill, of 1847, that Mr. Dix, and other Democrats, had no doubt on that occasion of the constitutionality of the appropriations for the objects which were specified.'

In the present instance, most of the democratic members favored appropriations for internal improvements, under certain restrictions, but objected principally to the large amounts asked for, to the want of surveys and estimates, and the unfitness of some of the objects. In the propriety of these objections a portion of the whig members agreed with them. Had not the bill asked for so much, it would have undoubtedly passed; or had there been time enough, before the close of the session, to prune off the most offensive items, the same result might have been expected. Messrs. Davis, of Mass., Bell, Dodge, Ewing, and other Senators, entered into the discussion, and urged the immediate passage of the bill, but their efforts were unavailing at that late hour.

CHAPTER V.

New York Legislature-Bill for the enlargement of the canals-Resignation of twelve members of the Senate-Extra session-Constitutional Conventions of Ohio, Maryland, and Virginia—Expedition against Cuba—Arrests of Gen. Henderson, Gen. Quitman, and others-Protest of Quitman-Trial of Henderson-Proclamation of the President-Instructions to the Marshal in New York-Arrest of O'Sullivan and others-Hulsemann and Webster-Communication in regard to Kossuth and his companions-Amin Bey and the President.—MEXICO—Insurrection in Guanajuato -Inauguration of Arista-Indian depredations-Condition of Yucatan-Financial difficulties of Mexico-Wretched state of the country-Tehuantepec grant annulled -Navarro imprisoned-Defeat of the Indians in Yucatan-Congress convened— Proposal of the Minister of Finance—Railroad from Vera Cruz to Acapulco.

IN the month of April, the session of the Legislature of New York was abruptly terminated by the resignation of twelve of the members of the Senate. We will endeavor to state distinctly the facts connected with this unusual occurrence.

The constitution makes provision out of the surplus revenue of the canals, in each year, for the enlargement of these great State works: and, also, forbids the creation of any debt beyond

*

* At the time the last constitution, in 1846, was adopted, it was ascertained that

one million of dollars, except to repel invasion and suppress insurrection. At this time there was a majority of the whig party in the legislature, whose views on the subject of internal improvements, as we have just seen by the Congressional debate on the River and Harbor Bill, are less rigid than those of their opponents. The great increase of produce and trade, the competition of railroads in the matter of transportation, and the slow process of the enlargement of the canals by the yearly application of the surplus revenues, seemed to create a necessity for a speedy completion of the work, and induced the dominant party to bring in a bill for that object. This bill directed nine millions of dollars to be raised on the credit of the surplus revenue, by certificates issued for that purpose, and payable as the revenue was received, and with this money to complete this enlargement at once. It also relieved certain railroads from the payment of tolls. The democratic party resisted the measure as unconstitutional and impolitic; and proposed as an amendment that the constitutionality of the bill should be determined, or the sense of the people obtained, before any contracts were made or certificates issued. At the same time legal counsel gave their opinions on both sides of the question; but the majority determined to carry through their favorite scheme, and in the House of Assembly the bill was passed by a large majority (76 to 21). It being evident that it would also pass the Senate if brought to a vote, and the democratic members of that body being resolved on defeating it, twelve of the fifteen resigned their seats; and another avowed his intention to resign, if the bill was passed; in which case there would be only nineteen members present, the constitution requiring two-fifths of the whole, or twenty members to be present. When the bill came up for a third reading, there were 17 votes in its favor, and 2 against it.

No quorum being present, the bill was laid upon the table. The Senate thereupon voted to adjourn sine die; in which resolution the House concurred. On the same day the democratic members of the legislature, comprising fifteen Senators and forty Representatives, issued an address to their constituents in justification of their procedure. They brought severe charges against

the debt contracted on account of the canals, was over $17,000,000, and other debts of the State over $5,000,000.

The constitution then provided, that from the revenues of the canals (repairs being first paid) there should be set apart $1,300,000 for nine years, and then $1,700,000 towards paying principal and interest of the canal debt. That $350,000 should be then applied out of the same revenues to pay off the funded debt of the State. Next, there was to be paid from the same source $200,000 each year, for the expenses of the government; and then the balance of the surplus revenue of the canals was to be devoted, in each fiscal year, to the enlargement of the Erie canal, and the Genessee Valley and Black River canals. The revenue from the canals is $3,000,000 or more.

their opponents of mal-administration of the financial affairs of the State; and denounced the proposed measure as a palpable violation of the express provisions of the constitution, and as an expedient to secure to their opponents the political supremacy in the State. The whig members also issued a long address to the people of the State, in which they denounced the conduct of the resigning senators, as a wilful violation of the constitution which they had sworn to support, and of the right of the majority to rule; and they defended at length the constitutionality and expediency of the bill. By this rupture the whole business of the government was arrested, the necessary bills for expenses not having been reached at the time of the adjournment. The Governor, therefore, issued a proclamation appointing an election of senators in the place of those who had resigned, some of whom were re-elected, and also convened an extra-session of the legislature. The Message of the Governor was strongly in favor of the immediate enlargement of the canals, and discussed the question at length, arguing in favor of its constitutionality and expediency. At the same time fifty-six of the one hundred and twelve members of the convention who framed the constitution, published an address, in which they expressed the opinion that the bill violated the scope and spirit of the financial article in the con

stitution.

This bill, however, which had been the subject of so much contention, was finally passed;* there being in the Senate 26 in favor and 9 against it.

Several of the States were engaged at this time in remodelling their constitutions.

In Ohio, a convention which had been in session for six months, on the 10th March completed the new constitution, which was submitted to the people for their sanction. It embraced sixteen articles, and provided for freedom of religion, equality of political rights, trial by jury, the habeas corpus, freedom of speech and of the press, and non-imprisonment for debt. The right of suffrage was vested in all free white male adult citizens. All patronage was taken from the General Assembly, judicial and executive officers to be elected by the people; and the public printing to be given to the lowest responsible bidder. No new county to be formed without the sanction of the majority of voters in all the counties of which the boundaries would be changed. Provision to be made for the liquidation of the State debt; and no new debt created by the General Assembly, except in case of

It was afterwards decided by the Supreme Judicial Tribunal of the State, that the bill was unconstitutional; and as many certificates had been issued and contracts made, the effect was embarrassing, and to some extent disastrous.

war or insurrection, or to a limited amount to meet any temporary deficiency; and funds borrowed for these purposes used for no other. No special act of incorporation to be granted; but a general law, subject to alteration or repeal, might be passed, under which associations may be formed. The General Assembly was prohibited from assuming the debt of any county, town, or city; from loaning the credit of the State to, or becoming a stockholder in any corporation or association. No divorce to be granted by the Legislature. An article prohibiting licenses for the sale of intoxicating liquors to be separately voted upon. Provisions was made for law reform, and for amendments to the constitution from time to time. Every twenty years the question of a Constitutional Convention to be submitted to vote. The details of the legislative, executive, and judicial systems, were not essentially different from those which generally prevail.

A new Constitution was also adopted by Maryland. It contained the usual provisions regarding the legislative, judiciary, and executive heads. The other provisions were substantially as follows: The franchise was vested in all free white male citizens, who have resided a year within the State, and six months within the county. A conviction or larceny or any infamous crime operates as a disfranchisement. The only religious test for office is a declaration of belief in the Christian religion; or, in case of Jews and others, of a belief in a future state of rewards and punishments. Participation in a duel, or bribery, disqualify from holding office. The legislature has power to provide for the disposition or removal of the free colored population. Clergymen are not eligible as members of the legislature. No religious sect or teacher, as such, without express legislative permission, can receive any gift or sale of land, except five acres for a church, parsonage, or burial-ground. The legislature can grant no divorces, nor pass any laws abolishing the relation of master and slave. The credit of the State cannot be loaned. No State debt can be contracted without the imposition of a tax sufficient to meet the interest, and liquidate the debt in fifteen years. Corporations to be formed only under general laws; stockholders liable to an amount equal to their shares; no officer of a corporation to borrow money of it. Imprisonment for debt abolished. Lotteries were prohibited after 1858. Provisions made for digesting and codifying the laws, and for simplifying the forms of legal procedure. The will of the people to be taken every ten years whether a convention for amending the constitution shall be called.

In Virginia, likewise, a constitutional convention was held. The principal subject of discussion was the basis of representation. A