Newspaper Page Text
The progress and condition of the
xost Office Department will be ecen
"by reference to tho report of the Post
master General. The extent of post
Voada, covered "by mail contracts, is
rtatedto bo 1-34,1318 miles, and the an
ntral transportation "upon them 34,580
202. Tho number of post offices in
the United Slate ia 12,552, and rap
idly increasing. The gross revenue
for the year ending on the 30th day of
June last, vvas (84,202,145. Tho ac
cruin's expenditures, 84,080,068; ex
ooas orekpenditures, 8417,923. This
has been made up out of the surplus
previously on hand. The cash on
hand on the first instant, was $314G8.
The revenue for the year "fending June
30, 1838, was 2151,540 more than
that for tlto year ending June 30, 1837.
The expenditures of the department
had been 'graduated upon the antici
pation of a largely increased revenue.
A rnddcrate curtailment of mail ser
vice consequently became necessary,
nd has been effected, to shield the de
partment against the danger of embar
rassment. Its revenue is now improv
ing, and it will soon resume its on
ward course in the march of improve
ment; Your 'particular attontion is requesfc
"fcd (6 so much of the Postmaster Gen
eral's report as relates to the transpor
tation of the mails upon railroads.
Tho laws on that subject do not seem
adequate lb secure that service, now
become almost essential to the public
Interests, and at thSsame time protect
the department frbnt combinations and
Nor can I too earnestly request your
attention to the necessity of providing
a more secure building for this depart
ment The danger of destruction to
which its important books and papers
?re continually exppsed, as Well from
'the highly combustible character of the
building occupied, as from that of oth
ers in the vicinity, calls loudly for
Yourattcntldh Is again earnestly irU
Vited to tho suggestions and recom
mendations submitted at the last ses-
5' ion in r'espact to the District of Co
I feel it Sly cluty, alsd; to bring to
your notice certain proceedings at
law which have recently been prose
'cuted in this District, in the name of
the United States, on the relation of
Messrs. Stockton and Stokes, of the
Slate of Maryland, against the Post
master General and which have re
sulted in the payment of money out
of the National Treasury, for tho first
lime since thd establishment of the
Governnient, by judicial compulsion
taercised by the common law writ of
hundamus, issued by the circuit court
tsf this District! .
The facts of the base, and Mi 8
jjjrdunds of the proceedings, will be
found fully stated in the report of the
decision; and any additional informa
Viob which yu may desire will be sup
plied by the proper department. No
Interference in the particular caao is
contemplated; The money has bean
Kaid; the claims, of the prosecutors
ave been satisfied'; and the whole sub
jtct, so far as they are coricerned, is
finally disposed of; bat it is on the
Supposition that the case may be re
garded as an authoritative exposition
'of the law as it now stands, that I have
thought it necessary to present it to
The object of the application to trie
fcircuit court Was to compel the Post
master General to carry into effect an
award made by the Solicitor of the
Treasury-, under a special act of Con
gress for the settlement of certain
claims of the relators on the Poet Of
fice Departnibntiwhich award tho Post
master General 'declined to execute in
full, until ho should receive further
legislative direction $n tho subject. If
the duty imposed 6n the Postmaster
General, by that law, was & be regard
ed as one of an official nature, belong
ing to his office as a branch of the
Executire, then it is obvious that the
constitutional competency of the Judi
ciary to direct and control him in its
discharge, was necessarily drawn in
question. And if the duty so imposed
en the Postmaster General was to bo
'considered as merely ministerial, and
hot executive, it yet remained to be
shown that the circuit cdurt of this
District had authority to interfere by
biandimus such fl power having nev
fcr before been asserted or claimed by
that court With a view to the settle
friefcft of these important question's, the
.judgment of the circuit Court was car
ried, "by writ of efroVtothe Supreme
Court of (he United States. In the
opinion of that tribunal, the duty im
posed on the Postmaster General was
hot an official executive duty, but one
f merely ministerial nature. The
graVo constitutional questions which
had been discussed were, therefore,
sxcludtd from the decision of the case;
tho court, indeed, expressly admitting
that, with powers and duties properly
belonging to the Executive, no other
department 'can interfere by tho writ
ot mandamus; and the question, there
foro, resolved itself into this: Has Con
gross 'conferred upon tho circuit court
of this District the power to issue such
a writ to an officor of the General Gov
ernment, commanding him to perform
a minstcrial act? A majority of tho
court havo decided that it has, but have
founded their decision upon a process
of reasoning which, in my judgment,
i r...i . ...
icuucrs luriucr icgisiauvo provision
indispensable to the public interest and
tho equal administration of justice.
It has lone sinco been decided bV
the Supreme Court, that 'neither that
tribunal nor tho circuit courts of the
United States held within the respec
but it is now held that this power denied
to both of these high tribunals, (td the
former by the Constitution, and to the
latter by Congress,) has been, by its
Legislation, vested in the circuit court
of this district No sutfh direct grant
ot power to the circut court of this Dis
trict is claimed; but it has been held
to result, by necessary implication,
from several sectionsoftholawestublishing
tho court. Oneofthcsoscctionsdcclares.thot
thelawsof Marylandias they existed at
tho time of thee essidn, should be in
iorce in that part of the District ceded
by that State; and, by this provision,
the common law, in civil and criminal
cases, as it prevailed in Maryland
1801, was established in that part of
In England, the Court of King's
uench because the sovereign, who,
according to tho theory of tho Consti
tution, is the fountain of justice, origi
nally sat thero in person, and still
deemed to be present, in construction
or law alono possesses tho high pow-
cr oi issuing me writ oi manaamus, not
only to inferior jurisdictions and cor
porations, but also to magistrates and
others, commanding them, in the
King's name, to do what their duty re
quires, in cases where there is a ves
ted right, and no other specific reme
dy. It has been held, in the case re
ferred to, that, as the Supreme Court
df the United States is, by the Consti
tution, rendered incompetent to exer
cise this power, and as the circuit
court of this District is a court of gen
eral jurisdiction in cases at common
law, and the highest court of original
jurisdiction in the District, the right
iu isaua me mil ui iiiuuuhbius 19 inci
dent to its common law powers- An
other ground relied upon to maintain
the power in question is, that it was
included, by lair construction, in the
power it granted to the circuit courts
of tho United States, by the act "to
provide for the more convenient or
ganization of the courts of the United
States," passed 13thofPebruary,1801;
that the act establishing the circuit
court ol this District, passed the 27th
day of February, 1801, conferred upon
that court and the judges thereof the
flame powers as were by law vested in
the circuit courts of the United States
and in the judges of the said courts;
that the repeal of the first mentioned
act, which took place in the next year,
did not divest the circuit court of this
District of the authority in dispute,
biit left it still clothed with the powers
dver the subject which, it is conceded,
were taken away from the circuit
courts of the United Stated by the re
peal o( the act of 13th February, 1801.
Admitting that the adoption of the
laws of Maryland tor a portion of this
District confers on the circuit court
thereof, in that portion, the transcend
ent extra-judicial prerogative powers
of the Court of King's Bench, in Eng
land, or that cither of the acts of Con
gress, by necessary implication; au
thorizc the former court to issue i
writ of mandamus to an officer of the
United States, to compel him to per
form a ministerial duty, the consequen
ces are, in one respect, the same. The
result in either case is, that tha officers
df the United States, stationed in diff
erent fiartd of the United States, are.
in respect to the performance of their
official duties, subject to different laws
and a different Supervision: those in thd
States to one rule, and those in the
District of Columbia to another and
very different one. In the District
their official conduct is subject to a ju
dicial control, from which ia the
Stales they are exempt
Whatever difference of opinion rhaV
exist as to the expediency of vesting
such a prwer in the judiciary, in a sys
tem of Government constituted like
the United States, all must agree that
theso disparaging discrepancies in law
& in th 'administration of justice ought
not to be permitted to'cohjtinue and as
congress alone can provide tho rcme
dy, the subject is unavoidably present
ed to your consideration.
M. VAN DUREN.
WAsnihdToS, December 3, 1838.
Hh democratic party ol Pennsylvania hag jnst
passed through a fiery conflict, and como out
not only unscathed, but completely victorious
another proof of the purity and stability of
their principles. Notwithstanding their triumph,
tnoy cannot for any length of tiruo, rcposo in tho
ui ? iciory, lor weir iocs ro most msiuuous, ana
CVCr Watchful. Slid fllthmlfrh rnnffil mill amttn rollw
O '" .-jij
under bouio new name, to opposo tho principled of
rnmiiy 10 wmcu, ucing tuo only Dona
tlii. r ... . ill . i . , -
-un aiua iui u uiuiiieni, noiu mem vogeiner.
Wo must therefore remember, that tho price of free
dom is unceasing vigilance.
In spito of the rankest corruption, and of frauds
innumerable, wo havo elected a democratic Gov
ernor, and a majority in tho house of representa
tives, BuiTictcntly largo, to give us thd control iu joint
ballot, oild secure to Pennsylvania a democratic re-
t)rC3CntailvA in tlm TTntfoil .Vtalnd RnnAIn
fho fraudulent elections, which will probably bo
wjtuwiu, uuHciuu ui uiaiuracuces on mo puuuo
works, which roquiro at torching examination; tho
adoption by tho people of tho amendments to our
state con6titutionwldch will roquiro important le
gislative enactments, to meet the changes thus mado
in tho fundamental Intv inrvthpr with llin .nnMiT.
wim.u MW Wl.WUJ
rent action of tho scnato with tile Governor, in mo-
ny oi nw important appointments, will all render
tho coming session of the. legislature perhaps tho
cause their proceedings to be unusually interesting
v..'i,ijr Ulan iu me uuniinunuy.
The editors nf tlm KWntnnn tntorwi
j 1 5"u '
creased attention to tho proceedings of this session,
uu jiuio every movement ot interest to tho public
They will have competent reporters in both houses
thus enabling them to give as full reports of all im-
I'vi uuu ivgisuuvo procccuings aa their columns will
TIJ Keystone Is the largest paper published In
Harrisburg, and being printed on small typo, regu
larly gives in iu columns nearly own tuihd moro
reading matter than any othw political paper In tho
etato. This wo have been enabled to do from the
very great encouragement we havo received from a
generous public. Thankful for theso favors, the
editors hereafter will
render tlioir paper interesting and valuable to tho
ruuuv, uuu Bviviccauiu 10 mo great una tnumpuant
cause of Democracy aid Freedom.
For tho Iteminrlfl
j j .j j - vu VI tu kilQ U1V
session of the Legislature, and onco o week for tho
remainder of they oar, $3 00
During the session of the Legislature only, twice
a week, . . - - $3 00
For sir monflifl. nn4 lnrl,1infv
, " J smviwumhj Ui JMfj Vi UiU
sxon of llie Legislature, - f 00
iu OK COMPANIES. Six pa-
pcra sent in one pocket and to ono direction, for
tlie UriCO Of flTO ahnvtV nr flOnrn riona aMn na
abovo for tho price of 1 2; or 20 popera sent as abovo
forthoprico of 20.
f wuv wvwvviuuv VM1-
lens, aro requested to rcccivo and forward subscrip-
TO THE PUBL1G.
THROUGH a llnrrtfrinrr nn.l irrom.,l;.
ble desease, my hoalth at length became so
impaired, that f becarrte unable to attend to
all the requirements of my official duties.
Dy persuation of my numerous fiiends,
I consented at last to keep an npolhecary,
thinking it would bo the most hnrnminT. in.
siet for mo to engage in at the present time;
unu since ior wniiej l navo established a
shop, I would humblv solicit tlm
my friends and tho public in general, on ac-
ntilnl m... nn, f.n1.. i 1 . .1 t
vvuut ui hi. giua on-uiiuoH. aru especial
ly, would I request tho merchants of this
place, to givo me all-possible chancd of sell
ing those articles belonging to my lino of
uuoiiitoo, iriiiwii mvy may reccivo ray
sincere thanks. A few
are to bo found in my Health Emporium
... .l .! I rni " .. mi ii . r
ma uuveniaeu. incro win De Kept a con
stant supply of such articles as may be call
ed for: but i ner chance, n n;ill nhnnlrt hn
made for such as I am not in possession of
luimcuiaiu preparation win bo mauo in order
iu uuiam mom.
Further, do I earnestly invito Physicians
of this place and its vicinity, to givo mo a
call, aa I intend to sell very reasonable.
Thero will bo kept constantly on hand,
all kinds of Medicines, Patent and others,
warranted to be genuine, All kinds of
Paints, Glass, Dye-stuff, fcc. &c. Also a
variety of Confectionarics, Raisons, Nuts,
Herring, Sugar and Water Craciters, Or
anges, Lemons, Figgs, Prunes, Perfume
ries, &c. &c. All articles in the Health
Emporium, I intend to sell cheaper than
they can be bought at any other placo in tho
county. YoiirFiiend and well wisher.
,. , D.S.TODIAS.
HealtH Emporium,Dlooirisburg Sept. 23
lRY respettfally Informs his frjends and the
CF" ? "f" he hM alwaj" on hand, at Ida Ll
very Stable In Dloornsburg, for tho purposes of flirt
or Exchange, a variety of
GIGS, WAGONS, AND SLEIGHS,
which he will feel gratified to keep iri readiness foT
the accommodation of customers.
Personal application can be made at his residence,
when every means will be used to render entire sat
Miction tq thoso who may give him a call.
ni a. y, NOAH 8. MENTIS.
Dloornsburg, May 30, 1838,
JALARATU8, Glauber Salta, Epsom sails', for
) eaU at the
Cheap Health Emporium'.
, ,,'piLLS. . 4 .
TnilESK pills havo obtained a colcbnty Tdrr
J, ing most diseaseo to which trie human system
is liable. Unexampled in the history of tho healing
art. They expel by the action of the stomach and
and bowls, all bad hlirnoura from tho Blood, causing
o frco circulation of tho fluids, and restored a Bound
stato of health.
Tho thousands who use and recommend them, is
proof positive of their extraordinary and beneficial
The subscriber has iKelvod the appointment of
Agent, lor the sale or Dr. Urandotli's l'llis in
Dloomsbnrg. Nono aro genuino that aro offered for
alo, without a cortiftcat'b of appofiitmcnt signed by
tho propnetor and countcrslgtied by Branch Grctn,
general agent; and no certificate is ever given, to
those engaged in the Drug business.
J. It. MOYER.
XJIooaitmrg Aug. 14 1839. Iyl7
Vegetable Jlnti-miioua Pillt.
Thews pills aro found to be a most certain and of
fectual proventivo of fever, jaundice bilious, end oth
er cholics, and indeed, of all diseases caused by ob
struction or affections of tho stomach, liver spleen,
or intestines. For liver end stomach complaints and
all diseases connected therewith, such aahypochon
dries, hysterics, dispepsia or indigestion,loss of ap
pctito, headache, giddiness, and for fever and oguo,
theso pills aro a suro preventative- Also, for salt
rhcume. They cloonso the stomach, remove there
from all vitiated biles purify and refine tho blood.
Docs a person feel a loss of oppctito and a bad taste
in Iho mouth, with a faintness of the stomach, a few
doses of these pills aro suro to remove all such diffi
culties, speedily set matters to right Heaviness,
dull, sleepy and sluggish inaction, with or without
a yellowness of comploxion, these pills will surely
and speedily removo all such ailments, and timely
uso of theso pills may prevent tho occurrence of
any such formidablo disease.
Also Hawlcy's Vegetable Salvo, known through
out tho Union. This salvo when used has a pecu
liar quality in reviving an action of the affected
parts, by softening and opening the pores and creat
ing perspiration, reducing fever &c It dsolves,
expels, and entirely prevents the blood from settling
in tho flesh of bruises, or wounds, of any descrip
tion, and is a sure preventive of mortification, and
may bo made uso of for cuts, sores, bums, rheuma
tism, pain in tha back, breast or sido.
Tho abovo articles for sale by
D. S. TOBIAS, Agent.
Bloomsburg, October 13.
OULD resneelfiilv In farm tlm -ii!.
zens of Bloomsburg and its vicinity, that he
B till carries nn thn nlinvn Viiminoca n Jim
old established stand, on Main-street. Hav.
ing received the latest Philadelphia and N
York Fashions, in connection with his
Highly Improved Patent for Cutting
Garments to fit evcrv nhnnn ivittinnf n nn,.
. " - ........ h JWU
Slbilitv of failure, ho feels nsaureil that wnrlr
executed at his shop will never bo com-
inuiiieu oi, unu oy close attention to busi
ness. honCS to renpivn n fllnwi nf nnhlin no.
tronago as heretofore.
As JUSTICE OP Tiirc pr!Anp. m
- J , F,,1
attend to anv business nnnrfppipil with ikn
nrr 1 . . ... ...
wiiicci uuu in particular, me writing ol
jlfkuus. iiimi-iirnirPH. nnti nil nthor
conveyances and articles of ngreonlent, in a
icgm uuu iiauusome styie.
uioorasburg, Wov. 17, 1838. 80
Thto Pennsylvania Reporter
Ii published at Harrisburg ttvice d teeek
rttirint fho f.iM P t. . T
and once a week during the recess:
llt. Keporter will coniinuo to be (as it hereto
fore has lwrrA
J jiuhj v. mu
principles of tho Democratic parly a suppoiter of
tho great and vital questions of free government
identified with tho success of tho Administration of
mo ucnerai uovcrnment and an untiring oppo
nent of tho Federal aristocracy, which seeks, in the
election Of nnnnfita fnvnriliu n
u, .w ....ilk,. uiUIJ U1U
country tho curao of a National Dank, to be govern-
vu iu luj-ujieniuons uy no oilier vnrws than tho ad
vancement Of thn ilHima.4 n fn,o.l C... .. .L.
" w. m . imtvivu Mart uv iuu
oxpenso of the interests, the rights, ond tho liberties
u; luu mmij. Against sucn a party and such an en
trina cfnflHtiritl aII tKn Ttnnr.. i. e .1 ...
mg with tho body of the people.
mo ensuing sor-sion ol the Legislature will be
ono of moro than ordinary interest to U.o people, the
Editors of tho Rcnortnr linvn tnmln n.i.,.i.
1 - -..u.j.iiu.ita
which will enable them to givo a more full and
cuinpieio nisiory 01 ine proceedings In both houses
than thev have hfwtnfnrn lir. aimK!mI n .In 1?
cry exertion will bo usod to make tho Reporter a
mJiMm 4kA..Hk .t.!-l. .L l 1 11 ,
",vu""" vuiuujju miiti. iiiu peopio snau rcceivo a
full record of tho doings of their representative.
, For the session 2 00
AllV HlTfnl A? nthnt 1." . f'rt '
Meoming responsible tliorcfor, shell havo six copies
fnrwnrdpil na tnnv Iu. .1...! .1 . t 1
r i . . ' uv"i uumig uio session oi
Persons fonvardlng namca of subscribers ard re-
OUested to be nartirnlnr in Mntln
flcnuoai are to continue for tho year or for the poe-
Not; 5, 1838:
11UAA AC i;ill'I.ATtf
T"he subscriber has left his Book ac
counts and Notes in tha i
Barkloy.Esq.for collecjion.- All pejsons in-
debted will please call immediately and set
ii. .t in i , . . . .
uo, ur ihcib win do cost, as delays aro dan
gerous. O, B. F1SHEK.
One Two Horse Wa
Cast Shoes.both nearly now, which will be
sold Cheap on easy terms, by calling on
FBD V TTT1 mihscrihern rrnprtfnllm . .
B ' T,.; .7 i . " "'uuunce to lid
& pub ic generally, that thoy have juit teceW
in now opening, their
fAI'L Supply of goods.
accommodation of pure
now consuls of all tho varieties of' Uo flni u,
tinetts, Silks, .Mcrinocs,
Ginghams, Calicoes, Shawls,
Ribbands, Laces. Linens.Mouaso
line do Lian, Muslins, Vciti
ings; Blankets, Stocks',
and a lareo variety of other .-j r
articles in tho Dry Goods Line loo numerous ta
Fur, Cloth and Seal Skin Caps, of all iHiei
or liale and Fcmiie, largo and smtili.
Groceries fit Liauors.
Sugar, Coffee, Teas, Spices, Gheese, Aft
loam, lirandy, Gin, IlumJFme, $c'.
AMortca m prices and quality.
HARDWARE, IRON AND NAILS,
assorted, from the smallest article to a smith's anvil
from a nail rod to u ctowbar; and from a spaiabl
to a spikel
Gig &CoaciiMakersTindinfe ATrimmingi.
Saddlers' Finding and Trimmings.
Wood Stove,Coai Stoves and Slave Pipti
Steel of all kinds.
TIN WARE, AND CEDAR WARE.
WILLOn AND OTHER BASKETS.
Salt, Cofl Fish and Mackerel.
OilSjPainls, Drugs, Bye Stuify
In great Variety.
And generally all articles called for iri cowstrr
stores; which having been carefully selected nd par.
chwed at tlio lowest prices, will he offered at low
rates for cash, or in cichanSe for country prodnco.
i he highest price In OASU or GOODS, elwj
paid for country produce. 4, '
. .RUPERT dt BARTON.
November 10, 1838- 29tf.
THE Enrnllfirl Tnlinmi,.. -r .u. .
?!n TAP-JO? &7 "ified d
nTSnnfeo ho house of HENBT
BirTENBENDER, in Orangeville.
J0"'1 Banlliori,. at tho honjs
of JOSEPH SHARPLE8S, in CattawL'j
Saturday, the 167A day of December mil
between tho hours of 10 in the forenoon
and 6 in the afternoon, to elect, by ballot;
ono person for Colonel for said ReWmcntJ
tn the room of Elias Mellenry, resigned.
Tha Majors of said Regiment will snnar
tend the, electionts of their respective batlal-'
lions, and make rutum. to me' agreeable to1
the 14th section of the Militia Law
. DANIEL FULLMER, .
4 . rS&pP'1?1. srig 8A Div. P,
Inspotor s Office, Limestone, Nov.l7;if338.
4T,?TJn,"cnf,I S?dtit Powders,
IDpI-D in fiighJestimaiion for indigestion, hiii
M n burn nnil Ml inn. f. .' .
"v';X-.i TTL t.l t, tor saw si
Jbbias' Htalth Emporium, Bloomsburg.
RUSHIAN BRISSELS & HEEL BALLS
For sale at
Tobias' Health Emporium Blomnsbur,'
By the Box, and ono bor will lui tmt
year. For sale bv
Tobias' Health Emporium Bloomsburg
which, with thcfi,fB.,?to'k embraces, anei'ta
sive. assortment of eeasonable Mcrchandfta tm K
Uasets; Tlieir stoefc of