. all past experience has shown on which side that influence will bo arrayed.., We deceive Ourselves. if we suppose that it'will ever be found asserting and supporting . the rights of the community at large, imoppositien to therelaiins 01. the few:- - in a Government whosodistinguishing 'character. istic should he a diffusion and equalization of its. bandits and burdens, the advantage of individuals , will be augmented at the expense of the mass of the people. Nor is it the nature of combinations for the acquisition of- legislative influence to confine their interference to the single object fir:which they mere .originally *brined. The temptation ,to,extemil it - to ollibr matters, is, on the contrary. nil nnfreqiiently too strong to be resisted The influence In the di rection Of public ratans. of 1.1.,e, - c immunity at Imge, is, therefore, in no al ght danger of tiding sensibly --and injuriounly-afficted-by.giving-to a couiparative , ily small, but very efficient class, a direct and , , ewe personal interest in sic important a...portioo of thelegislation of congress as that winch mimes to the custody of the public moneys. If laws .acting apt!) private interests cannot always be avoided, they should be confln-'d within the`narrowest lam its, and-left, wherever possible, h to the legislatures of (lib States. Mail not thus, relcr cted, they lead to coat. hinations of powerful associations, foster an lON. secs necessarily selfisht and turn the fair course of - legislation-to ',Mater ends, and than _to Slbjl..ctO , that advance publ.c,liberty and promote the general good" The whole subject now rests with 'you; and I _cannot but express , a hope that some definite measure will-be adopted/it titsipresent session„__ It )vill not, I am samba deemed out of place for me here to *mark, that the declaration of my views in opposition to the poltcyrof employing _banks as .depositories of the Government funds, cannot justly be construed as indicative of hostili -- ty, officiator personal, to-those institutions, or-to repeat, in this form, and in connection with this subject, opinions which - I have uniformly enter. , tallied, and on all :proper occasions expressed. Though 'always opPoseirto then. creation iii the farm of exclusive privileges, and as a State ma _gistrate-niming_ by_appropriate.:lo - gislation_to - ae. cure the community against the consequOnces of their occasional mismanagement, I have yet ever wished to see them .pratected in the exercise el rights-conferred 'by law, and have never doubted their utility, when' propptlY managed, in promo ting the interests of trade, and through that chan, iiel, - the other interests - rottlin - idoramunity. - To the GeneralGOvernment they present themselves merely as State institutions, having no necessary %inflection with its legislation or its administra tion. Like other Statnestablishinents, they may be used or not -in conducting. the affairs of the Governinein, as public, policy and the general in wrens of the Union may kern to require. The on ' ly.safe orproper principle upon.which their inter-' course with the Government can be regulated;ls that which regulates their intercourse •with .the -private citizen—the_ conferring•Of mutual belie: fits. Whin-the-Government can accomplish a IV_ •AutiMialoperej..ion -better withthe aid of the than witheut7it should be at liberty to - seek that aid as it (you'd the services of a private banker, - or other capitalists or agents; giving thereference to thisie who will serve it on the best 10ran...-. --Nor-can there_eitit etistan interest in . the offi _ seers of the General Government, as such , iffdite- - ing them to embarrass or annoy'the Stite Banks, . e any more than to incur the hostility of any other class of : State inatitutions;orof privatesenizens. 'lt is not in life nature of things that hostility to thoselestitutions:can .spring from this source, or tiny opposition to their cootie of business, except when they themselves-depart fronfthe objects of their' creation,. and'attempt to usurp . -powers ,not, ---- • minfeired upon thent, or to subvert the - standtird. - of value established by the Constitution. •While -- opposition to -their regular operations cannot ex ist in, this quarter, resistance to any attempt to , . make the Government dependent upon - them for the successful administration of public affairs,. is a matter of duty, as I trust - it will ever be of ni ehriation, no matter from what motive or cond. •'' deration the attempt may originate. • - it is no more than just to the banks to say, that • in the late emergency, most °Caitiff' firmly resistt eft the strongest temptations to extend their paper issues, when apparently sustained in a suspenaton of specie, payments by . nubile opinion,- even though in some cases Invited by legislative en . ocunents. To this honourable course, aided by the resistance of the - General Government, act- Mg in obedience to the Constitutiop and laws of the Unitod States, to the introduction of an. me --deemable paper medium, may be attributed, in a great degree, the speedy restoration of our cur rency to a sound state, and tlie business of the country to its wonted prosperity,. Tho banks , have but to continue in the tame atife course, and be content its{ theirApp_ropriate sphere„ o avoid all interference front , the General Government, and to derive from it all the protection end be= nefits which it bestouta on other State establish, monis, on the- people of the*-States,.and on the States themselves. In this, their true position, they cannot but secure the confidence and good - will of the people and the Government, which -- 7 -- thoy - can only - lose when; leaping host their le gitimate sphere, they attempt to- minuteul the le gislation of, the country, and pervert the opera . nom of the Government to their own purposes. Our experience under the act passedat the Last Session, to grant preemption rights to sottlertfou the public sands, has as yet beau too limited to en-' able us to . pronounce with safety upon the efficacy of ire provisions to'carry out the \vise and literal policy of the Government in that respect. There ' is, however, the best :anon to nr.ticipate favorable ' rim , Its from its opefation, The recommendations formerly vubmitted to you in respect to- a gratlint• . tion of the price of the nubile MIMI; remain tole , finally actml tipon. -- Having found - no ivason 'lti' -• change the views then expressed, your attention to --.- : -- thenvis ugain respect faliy .ri quoted. .- Every proper exertion has,bden made, and will' be continued; to carry out the wishes of Congress —ill relation te the tobacco trade, as indiCattd in the; savers] resolutions of the -House of ,Representa . times and ,the legislatienof the two branches. 'A • favorable impression has, I trust, been made in the difrereht-foreign countries to whieh particu- tar attention has,been directed, and-although we -cannot hope for an early-chauge in their policy, as id many of them ticonvernent and large reve-, nue is derivedfrom monopolies lit the fabrication and sale - of' this - article, yet, as their monopolies' .. are really injurious to the people. here they are established, and the'• remit.) derived from them • may bp less injuriously Ad with eqUal facility, obtaindd from another and a' liberal system of ad-, • Ininistration,-we-cannot-doube-thet-our-eiforts will be eventually - crowned with etieccebif per _ elated in with-temperate. firmness, and - ausiltined --- by prudent legislation. '- • ._- . . , • In recommending to Cottgress the adoption of the necessary-provisions at this session-for taking the 'next cernine, or enumeration' of the in filn tants .of the United States,' the auggeation pre; smite itself whether the. scope of the ni" po might not. be usefullpiriended,hy quilling, 119' 4 1 -, embracenuthentie,statistiCal reterne.of the kreat , ,interestsspeeially . entrested. to; or necessarily kifF - fectiffw, the legislation of Congress.. , ' , -ii ; r - The itecornpapying report of the' Secreitity i ef . .. War, presents a satisfactory account iif Vilbstate ' l -54 . 1110 -- driliY, and of the several brincht* of-the public service eonfided tolitesuperinteddencit of ' that 'ACM% ' .' •. '-• , • " - t- .' I , Thettilaw increasing 'and or anizinethe,' milt -, tary establishment of the United , Sim - wiling been , . nearly: - Olifiriffinto e ff eet, and the army,has been extensively: ands usefully - employed during the - Invonld tijraie call to'yeur notice.the suirjeets connected-with and s omential•to the Military - de. ferreim of the country, Whicli'lvere'•stibreitted_ to. • you mettle last session; but which wore not acted as is enpecised, .for :wont. of tithe. The moat important el them is.the organiretion.of the, militia on the maritime and ,inlanff _frontiers. This measure is deemed' important, as it is bo lieied that it will furnish 'an effective tielunteer force in aid of •the regular army, and may form the: basis form general system of organization for the entire militia of the 'United' States. The erection ,tif a national .fouiedry _and .gunpowdet manufaeithy, and one for making small arnie, the latter to be eituated•at scone, point west orthe Al legheny mountains, all appear .to be Of sufficient importance'. to be again urged upon your r at tention. • • , The plan proposed by the Secretory of War for the distributienef the fencer of the United 'States In time of peace, is well calculated to promote regular ity and economy in the fiscal adrinitiel ration of the service, to preservea i r h the ..isc.p..re Q. the treops, and to render.thefiriexailable-for the maintenance of the peace.and treatquilire-Thi- t he:country- .With:thiu vjew, likewisr, 1 recommend On adoption of the plan presented by thatmificer for the . of the .western frostier. :The preservation of the live p and -property ofourfellowcitizentrwho - tinriettliid tiPhin that border country,' as /well as the existence of the Indian population, which plight. betempted by due want of preparatine to 119i1 en their own destruc tion and attack iite.white rettlemente, -all rem to require that this sublem shelled Ito acted upon 'with' oat &lilt, and the War Department anthorited to place that country in.-a- state Of 'cornalete - defence against any aeaaslt ftolll the numerous and warlike tribes:Which are congregated on that herder. • • It aflbrds the sincere pleasure to be- able td ap 'prise . 'of the - entire removal of the Cherokee Ymtion- of Indians to their new homes west of tile Affinierippl,' The: measures- authorized- he- Cent gresirtat - its - last - sessidie with - a - View to - the long standing controversy with theib,-liave - had the-hap piest 'effects. By an agreement eoncluded, with them by the rumnianding general in that wintery, ,who has performed the duties assigned to• him on the occasion with comnitindable.energy' and hu. .mtinity, their removal -has been principally under the conduct of theirown chiefs, and they have mi. grattd witboul'aify apparent reluctance • • . The successful accompliskinent of - this important - oltftcti the removal, alio, •of %the entire Creek _nation, with the :exception of a small number of 'fugitives amongstdhe Seminoles' in Florida J the progress already made towards a speedy cowls. , tion of the reactive! of the Cluckusaws, the Choc. towc - sho pottawatamies.the Oltawaslind theithip. pewits,.: with the' axte,nsivo :purchases of: Indian lands during dhe .present-year', have rendered the speedy and successful result of . the long established policy of ihe - Government limn - 1,411e subject of 10. Jinn ' affairs entireiy certain. The - occasion is, therelsre, deemed it ploper one to.place this 'polity .in such It . colat of view tiawilf exonerate the Go. •verninent of theiti n itedeß ateaßthirthe andeiieryed: - . reproach which knateen - cost - uporrit - through eeve. cal seeenesive lidininittratione.. That a mixed no, copaneY. of the same Arraloty., by the - agile and 'red Mani.' is incompatikle with the Wray - W..l'mA. lads of either,.is'a position in respect to which there Since ceased to lie loom for a Jilnrence of •upiaran. Rearoa and exit:lieu& have, alike .demonstraieditaimpracticability. The bitter fruits of evo , y attempt heretofore to overcome the barriers interposed by nature, have only been , destruction, both physical and moral—to the Indian: dangerous .conflicts of authority between „the Federal - auth State Governments:. and detriment no- the indi vidual irtosperity . of the citiztn,,-as well as. to the general improvement of the country. The rem. dial policy, the principles of wvilich Were:settlel more than thirty yeriiii ilgodi e rnliTil lie uJminTeGe trim of. Mr. Jefferson, consists in an sxtinction. for a fair_consideratlon, of, thetiide w all. the lands mill oecupied by the Ideians within the Sintes - attd Ter. rite ries of the. United States; their removalto a country west of the Mississippi, much more exlo•u save, and better adapted to their condition, than that on which the/ then reilded ; the guarantee to them, by the United States, of their exclusive possession of that country forever, exempt from all intrusions by white:men, with ample provisions for their secu rity against external violence and internal dissen eione.and the extension to theniof imitate° facilities for their advenicentAut in civildsation. This hie not beau the policy of pariiculnr administrations only, ant pf each in successiondiltice lath first attempt - to carry it wet tinder that of Mr. Monroe. MI have labored for its accomplishment, only with tlifferel; degrees of success. The trimmer of WS execution has; it te true, from time to time. given risu to conflicts of opinion and nninat imputati.ms; but in resmtrt to the wisdom and necessity of the volley . 'Mill'. there ,)ra. nor. from the,beginning, existed a doubt, in the mind of any calm, Judicious, disinterested iend of the Indian.race, accustomed to reflection and en— lightened by experience. • • Occupying the double character of contractor on its own account, and guardian for the parties 'On. , irected withjit was hanily to_bo_exp_ecto_iLthat th e_ dealing's Of tha*Federal Government with the Indian tribes would escape midepresention. That there Occurred in the early settlement of this country, flalfl all others where the civilized race has Cue. ceeded to the possessions of the savage, instances of oppression and fraud on the part .of the former there is too much reason to believe. No such of. fences cap, however, be juitly. charged upon this - Government - Since - it . liecninglree to pursue its own courge. Its dealings with the Indian tribes have been just and friendly throughout ; its etforts for their civilization constant, mid directed yy the Vest feelings of humanity; its vgatchfillnegb in pro tecting them from insividual frauds unremitting; its forbearance tinder -the keenest provocations, the deepest injurlea, and the most flagrant out. rages; may challenge, at' least a goraparison With any nation; ancient oModein, in similar oilcan'. stances; and if in future times a powerfill, - eivil ized, and happy nation of Indiana 13 found to eXist yvitlim the .lintilo . cif . this northern cent-' tient, it will he owing to-the` consummatton of that - policy - ishich - hairbeen - sb - tinittifirtisseiled: Only a very brief reference to facts in eonfirma-, tion of this assertion can in this form he given, and you are, therefore,•• necessarily referred to. the repOrt of the Secretary of War for 'further details. To the Chetah:9es, whore 'ease • has perhaps excited the greatest share of attention and sympathY, the United - Slides Im've grent ed in , fee, with a perpetual guarantee of exclusive and peaceable possession; 13,554;135 aeres. of land; on' the west - side of , the Mica eligibly_ situated, in "a healthy di; 'Mate, and in alerespects better suited, to their condition thani the country they have,lelt, in ef- change for only 9,49'2,160 scree on the east, aide of die same river. The United States have in addi tion stipulated to pay them five millions six died thousand dollars, fir their interest in arid. int priwententaanthe littaltahueteling tifithed,and one_ millionene hundred and sixty dollara for subsistence and othetbeneficutl-purposes; thereby putting - it in - their power': to become one of the:' most wealthy end 'independent 'separate contain ni ties, of the stimo extent, in'the world. `By the treat.,Rs made end ratified with the Mietniee; . , the Chippewas,.the„stoux l trio sacs and Yoxes,end , the Winnebagoes, durtni the last year,,, ;the- Indian title la eighteen tnillion2faut. hundted and filly.eightilionsand acres has been extinguish - 5.11.1. These pOielieseahave been yst.tich stoto.extensive than these.of unrprevions year, 'and have ' ', with ofisee Indian expentes,' boide Very homily upen the Magary: They lea , e, ho ‘ wever,-, but ; a small. quantuy of.,unbou ! , t Indian lands' Within-die- States and . Terr • ties; and .the Legislature and ExanutiVa ,equally itenedbfa ',Ole : Tiroiirieti of a and• atom' speedy tnitinction of Indian: t' . . . -within those limits.' TheAreaties . whlen were, with a eingle exception, - maderin pursuanie 'of ;previous , . appropritithins :for 'defraying the expenses; have subseque n tly .been,ratified , by the ! Senate,,and'received the sinittnnt of' Con . grais . hy. the 'appropriations. riecessair 'to carry them into effect. Of the terms:lipon which these __l:aperient negotiations - were:concluded... I can speak from direct knowledge; and-4 feel no Mil. culty in affirming that the 'menial. of the Indians in the extensive territory-embraced by them, is -to be paid fur at - its'fairvahre. and that no More favolilifeTtinner have' been granted to the Uni ted Stated than would have been reasonably ex pected in a negotiation with eiviOed men, fully capable of appreciating and protecting their own rights. For the 'lndian title to 116,349.897 acres acquired sinco the 4th . r 7 f March, .1829. the Uni ted States hhve paid $72;560,066, in pAjlO9.llOll annuities, lands, reservations fiii Ind ions;expenses of removal end. subsistence, merchandise, me clianiCal and "agricultural establishments and int .plementa..,When 'the heavy expenses incurred by the United Slates, and the eirciinistance that so largo a portion. of the entire territory .wilt ho Air_ ever, unsaleablet . .are 'considered, and this -price-is- ceminired-with-that-for-which-trioUni ted" States sell their own lands, - .no one-can doubt that justice has been done to the Indieinin these - pritelfaW4ilifsii. ' eiiitniii it is, that the - name- Hensel the Federal GOverninein with the-Indians -have befall unitbrinlyeharacterized by a sincere, and paramount desire to promote-.their welfare; -and it must be a source of -the highest gratifies- ' thin-to , every-friend to justice end. humanity' to' learn-that,-notwithstanding ilii:obstructiona-from time to time throWn in its way, and the dilficul, ties which have ark!) fr" m thepeculiar and 1en i,,,,..a. . .practicatilejatine of th 'lndian character, the "wisechumane, and undevi Ong policy of , the-gO7 vernment in this, the heist difficult or all our re-. lationsjoreign_orjdom:estic,hai_atilangth -be - en. justifiedlo the world in 'its near approach to a happy and-certain consummation, - _ . The condition of the tribes which occupy the country set apart for them in the West, is highly prosperous, and once it eagestli e hope of their ea i ly ciVilization..- They have, for the nine{ part, altan-, doned the - hunter state, add-Aurned-their akten-_ lion to agricultural purloins. All those who have been established fur any length . of nine in Unit fertile region; maintain themselves by their own industry.. There are among then' traders of nu inconsiderable capital, and planters exporting cot torrto Mile extent • hut the grenter iniffiber- are small agiiculturists,liiiiii - g - 7in comfort .upon - the • produce of their farms. The reecrit:-.etnigratits; although they-have . in sotne . ,installees removed reluctantly, havd 'readily acquiesced in their tin "avoidable de4tiny....They . have - lb nil ttat onCera re compense for past sufferings, and 'an incentive to ind Minions habits; in . the abundanee and comforts atound - thern. . There is reason-to believe that fill ,theso tribes are friendly' ie.their feelinge towards the; Uhitetf States Oind it is pkbe hope d,that the acquisition aindiviiliiial,wealth, the pursuits of agrienlotre,nncl habits ofintlustry.'wilf gradually . -subdue.their -warlike propensities,' and incline them to maintain peace among themselves. To elli?ct this desirable et ject, the attention of Con-. gretsis,solicited to the measineareetimmended by the Secrete ry 9f Wai forthoir-futuro gove runic-tit and Protection ; as well from each other as froln the hostility of the warlike tribes arountfiliein;:niirthe intrusions of the whites- - The policy of the go vernment_hielkivent.a.permaec, Junina,...tuld. gtiarantied . tp them itEi pQnceful - and undisturbed possevion. jlt onty remains to give them a.go• vernment atidlaws"Winch viill encourage industry, and secure to•thenr_therewards.of Abair eiert , ens,_ The imiortaiice of iontelbrm Of government can not be too mach insisted upon. The earliest of. facts will be to diminish the causes and occasions forhostilities among the tribes, to inspire an inter est in the observance of lawe.to which. they Will have themselves assented, and to multiply the so. .curities of property, and the motives for self.im provement. Intimately connected with this sub ject, is the establishment orthe military defences recommended by the Secretary of: War, which have been already referred to. 'Without them, the government will be ImWerless to tedeem its pledg es of proMetion emidating Indians against the numerous warlike tribes that .surround them, and to prolilitle for the'safety of the frontier settlers of the bordering - Stfites. Iho case of the Seminoles constitutes at-present the only exception to the successful ,efforts of the government to remove the Indians or the homes assigned them west of the Mississippi. Four hun -tired -of-this-tribe-emigrated .itt_lB36,_and_fifteen: hundred in 1837 and . 1838, leaving in the country,: it is supposed, about two thousand Indians. The, continued treacherous conduct of these people, the savage and unprovoked murders they-have late ly committed, butchering whole; families-of the settlers of the territory, without distinction of ace „or edx,.and: making.their_way.into _the.'very_centre_ and heart of the country, so that no pert _of, it is free In:lnf .- their ravages; their frequent attacks on the light-liuseS atom( that dangerous coast; and the barbarity with which they have murdered the pas. sengerit and crews of such vessels as have been wre, eked upon the reefs and keys which border the gultqabe the government no ..niternative but to continue thdinilitary operations against them until they are totally expelled from Flotjda. Theif are ritbnr motives which weuld urge the government td ilursue this.eourse towards the Se. minoles. The United States have Mlfilled in good faith•-all-their4reatr stipulaiienv-Witl:theAndian l tribes,. and have in every other instance. insisted upon a like perfermituo :Of theitrebligations, -- To relax from this salutary - rule-because the SeMinoles have maintained themselveeso long in the Teiri tory they, had relinquished. and in defiance of their frequent tied solemn engagements, still'eontinue to wage n ruthless . war against the United States, -would not only evince a want of consistency , on our part, but lre of evil example in - our' intercourse' with other tribes. Experience has shown that but little is ,to . be pained by the march of armies through a country so intersected with inaccessible swamps -and-marshes; and which - from - thq real character of the climate, must . be abandoned at the end of the winter..l recommend,-therefore, to your attention, the plan submitted by the Secretary of War in the accompanying report, for pormaneekeceupa tion.Of the. portion of the Territory freett.fiem the, ififistucanittlict -- more --- eflielenr - preteetrePef - the people_tifYitirldraretn_their iuhumind of pre:,-_ --Fromthe'report br . the 7 SecreittrY:4E6/Atvy:- ' herewith . .transmitted, it will appearllint:"a large . Portion. of the-disposable naval force is either ac tively emploYed, or, in - a sfite of preparation for the purposes of experience and Lift :4011e, and the protection our commerce. So effectual has been this 04014, that, so far as Oho ',information' of 'govertiMg# 4 .o.Ntends - amtweingiontragm irbss - hee attemptedciiih vessel carrying the flag of the UM ! ted States; within the present year,; in any quarter, " however distant or exposed; , The expedition-sailed from' Nerfolf: , the-I,9 ? th 'of Mink,: lerd;,:and . informaiion-bas been received:of its safe arrival. at. the .I'slautfpo Madeira. Theban spiritanimites.the officers and Mews, and there is every reason to anticipate, from 44?offorts,','imiults' beneficial. to' commerce, and t able to ihe nation. • • •- • ~It, will also be. seen that no reduction of the.' force now in commission is contemplated.,. The unsettled stato of a portion-of South Ameriaairen-, dere it ,indispensablo. „our commericd , should reeefiTh'inistectiOnit thskiiiter: die vast and. in creasing interests embodied in the trade of the In dian and China seas, in the whale fisheries of the Pacifiooceon,_and intim Gulfisfillerico, :require . equal attention to their safety; and a , small squad ron may' bo'einPloyed to Treat ,advantage on our Atlantic coast, in meeting suddetidemands for the of other stations, in aiding merchant vessels in distress, in eiTording.active servmo to an additional number of inficorciand in visiting differ ent ports of the Ueited• - States,,an accurate know ledge-of which is- obvlously of the highest impor— tance. • : • ^ . The attention Congress is respectfully called tethat portion of the 'report recommending en in crease in the. number of smaller vessels, and -to other sugg.estione contained in that dripument. The rapid increase and .wide. expansion Of: our com merce, Which'is every - day seeking new avelinebef profitable adventure; thell.absoluto necessity-Of . it naval force for its protection precisely in the de vco of its 'extension"; a due regard to the national ctghta andlhonor; the-recollection-ofits formercx- - ' plons,.and the anticipation of futufe triemphi whenever opportunity presents itialf,Whichwe may rightfully indulgefrom s the exPerience of the past, all seem to:noire - to the navy as a most efficient arm offnienational defence,'and a proper ohjeet of legislative encouragenienL ' ; - • The progress and condition 'of the Post Office nDepartment will be seen by reference to.the ieport of-the PeatlVlester.Gep c rat: - The.exteet of -post roadti, covered by mail contracts; is stated to be 134,818 mike, and the tramiPortationeptm them 34,580,20; The number 'of post offices in 'the - United, States i512,553,a - Tid rapidly increasing: TlM.rosa revenue for the year - ending on the 3Uth day Of Junalast,-ava5.54;26•41 , 15The'.....eru.. ing expenditures, $4,680,0681 excess of expen ditures,-$417,023. This 'has berni,-madeZep-eut of the surplus previously on hand. • The sash qn hand. on the first instant, wai.43l4,ofiS. The revenue for the year enditig. June - 10th, 1838 -was $161,540 more than that for the 'year ending:. June 30th; 1837.. The exnenditures-4if the'depar. f• =Melt had been graduated.upon the anticipation'of a ;largely 'increased revenue.. A mioderate Meta of mail Service censequentlk became, necessa ry, and .has been "effected, to giiield . the department against the danger of embirriassinent:•ltsrevenne is now improving, and it will goon reunite its mfward, sourso-in the unveil of improv_ement.- - - Yotkr partieulur attention is-requested to so 11 . 11.adl of,fltitPostintotter tleneral's report as relates. to "the transportation .of_ the mails upon railroads: Tite laws ort.that oabject do not seem adequate to secure that. service, 110 \ iIeSAIIIICO esseiltial-to the itubliejnierr.sta,_and_at Lthe_sapie_ itno_prorect he department from combinations and unreatatnahli de. . . . • . Nor canj z too earnestly request your attention tp tho necessity of Hoviding'nmore secure build.. in4..for.thisilepartment. The dange , of destruc , lion to which. ite iteporraint books - and_papeoeitre continually exposed; .as--'welt—froni—the---fiighly conlbuatible charnel& of the buildtog.occppied, ns froini that of others in the vicinity, calla loudly. for prompt 'action. „ . . . . ... .. . ~ ..' Yrinr attention is aO t in earneet.lk invited to the auggeetions and reeumntendationi nahntined at the lastbossion in yespect to the Dibtriet of Co- - lumina. ' . I fool it my duty, also, to bring-to-your. nptice ...censhiprocendings..silauw-whieb have reitalitlY been prosecuted in this. District, in the name of the 'United - States, on - the relation of Alesars. Stockton and Stokes, of the State - of Maryland, .agninst the_Posmanster_General,nnil_whicl- have. resulted in the payment of money' eat of the Nii tional-Treasury,-fieJ the first time -since -tho-es tablishment of the giworninent, by com pulsion exercised by the common law writ of mandamus, issued- by- the -Circitit--Courkof--this district. - ' " ' The facts of the case, anellitTehinitils of the proceedings, will be found fully stated in the re port of the Milieu; and tiny additionul informa tion which you may desire will be an pplied by the propar departinont. No interference in the parr !molar cruse is contemplated. The money has been ' paid; - -the claims of the 'prosecutors have been satisfied; and• the' whole subject, so far 'as iliey are concerned, is finally disposed cif; butit is on the supposition theribifcase may be regardtd as an authoritative exposition Of the law as it now: stands, that I have thoughtit necessary to. present'' at to your consideration. .. ',.., The 'ohject of - the. application to the circuit -eburf-was-to-compo the-Postmaster-General-to carry "into effect an award made by the Solicitor of the Treasury, under a special apt of Congress fur the settle:malt of certain claims of the relators on the Post Office Department, which' award titer Postmaster General deelined to execute in full, until ho should - receive further legislative direc tion-Ort-the subject. --1 f -the duty imposed on .the Postmaster ,General, by that .law, was to ha re garded as one of en official nature, belongifig to his ofliee as a brunch of the Executive, thou it is obvious that the constitutional competency of the Judiciary to direct and control , hini in its dis charge, was necessarily drawn in question. And if the duty so imposed on the Postmaster General was to' be "considered 08.erely:taiiii§torial,'and 0)l .not.rexecutive,.. iet.,r mained__ to_: he _shown in that the. circuit cotierri this District had ,nii thoritY.toAnterfere by inapilinnus -such a_pnwer . ,baving 'never before been' asserted Or CiaiintNi by Cate,ourt-L-With_a_vievii_bn,the_settletnentaAkcse ommit questions, the judgment of the circuit court:wax, carried; by a Avrit or error, to the Su .promo Ciiiirof the United States. ~,,In the (minion olden tribunal, the duty imposedon the Postmas ter General was not an official executive-'duty, but nee of : it merely ministerial nature - . The grave c,onstitutional questions which:had-been dismissed were, therefore; excluded from the decision of tho case; -the'court, indeed, expressly-admitting that, ,with powers and duties properly belonging to - the Executive,' no other. department can interfere by the wirt-of mandamus; and the qu,cation, therefore,. resolved itself - into this: Has Congress conferred_ eptm the circuit court'of this District the power to issue such a writ to an officer of the General Go vernm,ent, ccitnmanding him to perform a rniniste. riot het ?. A majority of, the court. have decided that it has, but have founded. theirdeciSion upon a process - of - reasoning - which, in-my-judgment,-ren ders furthpr:legislattve provision indispensable to, -the-public-interests and theequal administration of ..It has-long since been 'dreided by the Supreme ,Court;that neither that tribunal; nor the circuit nouns of thOnited States.holdrwithin the - mp ec . Alva Stqemit4aeitt. the poWei in question ; but it is'now IliddtiVpt' thia power,. denied to both of 4heserbigliiffilinnalsoo-the-formerbrthe-Consti,.- ,tation, and to the latter-by Ceiigiess,),lias been, by ,its legislation, vested in the circuit court of this 'Distlict. NO' such direct grant of power to the circuit court of this District is claimed t but if has been held to reaulti br neoessnry impticetion, from several aectionea,the law, establishing„the cou '- Onn of tlicselsectiOns declaree, that the . lawk4., Maryland, air they:'existed at the time of the,'Cgf! sion, should be in; force in that part of the itri s ai. trieteeded byme4 sups; pa ,by this _provision,' , . . tlietommon law, in civil and . criminal caies;as it prevailed in Maryland . in 1801, waaestablished in 'that: part of the District. . the_Court of King's- Ben° - Cause the sovereign, who, according to the theory of the 'Constitution, i3.the fountain. qf justice, origi natty sat there in person,. arid is, still deemed to • be plesent, in construction of-law, alone possesses •, 'the. high , power . of. issuing ; the wirt of manila; mug not only to inferior . jurisdictions and - cur. ." porations, but also 'Os - magistrates and others • - commanding them, in the , King's name,. 'to CO whet their duty , requires 'them, in cases whore there. ;is °a vested right, 'and "no other specific • remedy. It has been -held, - in.the case referred to,' that, as- the Supreme Court of. - the - Uni ted States is; by the: Cortstihttioa, rendered ,incom netent in extrcise• this power, and as the circuit court of thhi District id a court of general jurisdic lion in cases at common law, and the highest court _ of Original jurisdiction in the District, the algid to issue the Writ of mandatrius is incident to its coni, titan law powers. Another ground:relied open to • maintain the pOwer iirquestion is, that it was in eluded,. by fair construction, in the power it granted, ' to 'the circuit courts of the United States, by the act - "to provide: for the inure convenient orgimization • • of the courts of the_linitetLfitatee.'L passeiLltith of_ 18„01; that the act eAnblishing the circuit: court of this District, p4ssed the 27th day of Feb. • 1891 ; conferred upon that court anti the judges there! pf the sallnytati , ers as were by law.vested in thecir- . - • ,cwt courts of the,ll. States and in the judges of the said courts; that the repeal of the tirst,mentioned Oct • which triune place kettle next year, did not' diyest tim. Circuit court of this, district of the authority in die'• puts; but left it still clothed with the powers over, the subject which, it istonceded, Were taken awa3,• trout the circuit courts of.-the-- United , States by the - -fepeal of the act of the 17th Februnry,-leol. Admitting that the adoption of the Nees of Maryland fir a'portion of this' District, cont%rtviiii -the Cirenit - Court - thereof,lirthat - partion centisitt - eXtraLindicial .pr6rogative pnWers' of the . Court of Rim's Ilenett,lin EnglautLortlist_elther ____ ;tile - acts-of-'Congress. - ' - by :tieciefsayr - lthpliettliciff, -- authorize the forintk court to issue .4 . tlirit or pall.' _flatting tow n n7licrr of . the United States &meet ' him to perform. a' ministerial* duty. the consequee• Cfil are, in 'one respect, the snlne. .The recital in either case is, that the - officers orthe. United States; stationed in different parts Of the United States, arty; in respect to the performance of their oflichilsrnties, imbjeci r to. ditf.reiit qllitT and a ferent sifnervisiim •.theaelit theEtatea ti one rate ; . and those in the District Of Coluinhia to - - and a very- difrerent one. 1.11 - the Dintict, thrir, - officiatcrinduct is subject ton judicial control, from, which in the Staten they are .4 , • , - . differenceopi it ion. mayAistns to the expediency_ otiestingj. eh ri,nower.i.a the: judiciary, __ inn system of Government* constituted fit:atilt/_ pr tlai r tlnited States, all - must agree that' these dispa raging diserepancies - in the law wain tration of jttAire ought not to be permitted to eon; finite ; es eongressnfone can _provide the rear:: (11.1; the :object is' aitiavaidahly",presented to your • consideration. .. 7 M. VAN-BUREN. Wasliitigthn,q)rCetialiera,Mit Sescion.' . • Monday, Doeember IN SENATa.—At 12 -- oe the -- Sehare called to order by the Jlen. W. R. Alum of Ala: SCIIIIION appeared in their scats. • motion,the.eferk - of_thie.Senalelwas_direet,___ • .to inform the lima° RePresentatfvea that a grmretn of the Sonata runs-Teady,kir hnsiiiess. On motiori; Mr: Wright; of New l'orlwand Aj- Len,..efffbiii, were appointed a connittpof . thy, Senate, to join 'a committee-on the part of the Mouse to wit u p on-the !resident of the United Statte r andanform.hfinAliaLa querum.was bled mid- ro_d,y r te receive any communication' Which ho might think proper to submit. On motion of Mr...McKean, the usualiresiiltt -lie:lovas—adopted __in_ relation to Ilia -supply-of-.-- - _ tutee-dailymewspapers. • . -- The Senate adjotirned to meet - at It o'clock on Tuesday. . . . Housa.—At 12 o'clock, the speaker called to • firrrd"Web'erit: —. 7 Several tnerabets elect appeared; qualified, and took their scats.. . . 'Mr. Crary, of Michigan, presented the certifi cate of election or Mr. J. D. Doty, as Delegate ' elect from the Territory of Wisconsin, and moved that he be qualified and take his seat. Par:Jorida,-of Wisconsin, contested the tight. 11e said that ho did net ask to be again qualified, • as he had himself bean already heretofore quali fled as Delegate from-Wiseonsin. have been duly elected, and, having served but_ one term; he clailned to retain his Brat under the Act of Congress of Marsh 3d, 1817, which de-, Glared, that all Territorial Delegates• should be electedl far' the some term as members from the S:ritte - Th subjecrwirs-laid-nn-the-table-till . --- Thursday next. ' A communication was received from Samuel ' Wadi, Eeq., PrineipalChnk in the Office of tho • Cloth of the House of Representatives, unnounc- - lug - the death of WALTER S. FRANKLIN, Esq., late Clerk el the House., it was then agreed to proceed forthwith to the election of a Clerk viva. voce. The following gentlemen were nominated candidates: • By Mr. Bronson, Edw. Livingston, of N. York ; Mr. Corwin; M. Sti Clair Clarke, of the District of-Columbia; Mr. Dronignele, Hugh A. - Garland, of Virginia; Mr. Sergeant, Samuel &hock, in' Pennsylvania; Mr. Wagoner, Henry Buehler, of Pennsylvania; Me.. Chaney, John Bigler, of Ohio; IVlr.-Clark,- Reuben M. Whitney, of-DX.; - - Mr. Milligan, Arnold- Naudain, of Delaware; Mr. Pop's, 10:LCS 11. AlcaSni. ',Jimmie', Corwin, Dromgoole,-Sorgelist Wagner-wens _ anointed...tette stops. m tend the. election. OK the lustth - ircr — sutt ---- ff was as follows, 106 being necessar 'it Choice ' Mr. Clarke had received 55 voes; 48; -Livingston, 31; Schock,. 21; Naudain, 20; Buehler, 16; Birch 9; Biglcr 8; Whitney; 2. • •On the second count there were for Mr.Clarke.'s - 88 votes; Garland, 59; Livingston, 26;i Schoch, *- 13 t r Bueliler,t3,l-B.gler, 8. ' ' • - On proceeding to a third count, Messrs.'l3 , gler, Livingston, Burilil6r, Naudain "and Shock were respetively Withdrawn, leaving only Mes.srs - .- - Clarke and Garland as candidates in nomination. - --The whole number of votes _given was 210; necessary to. a cjtutce,,•lo6; of whio , a, 11 ugh:A. Garland receirtd 106 4 and Matthew St. Clair, Claris() 104. w• ' Mr. 'Garland wee thereupon declared duly elected. The' house soon afterndjourned. „ . . W . il;:—Tho Levant,ll. Paulding mainlander, - arrfirikl at Peneacola.(M the 15M ' . Mt. Tilo t,loap 'of war Vandaliti.--Contoodore Dallas, arrived TheTtfatne . . Captain Joseph Smoot had Konohed Pensacola; take command Suocttttuo:: : On Thdriday affeiatbn. ter'ef-ibe-Rev.-Ebeivis'er-Xmy , _ l .f__Bridgewaterc__g_ nino-year*--ofdr-was so burnt by, her . Clotheatalfing fire, that she'sursived bot a few , boars. , ' • , . , . . . 1 THE Nw QPNWerflii.lON.-MlTlOlifilB 10 [4O !a l egisiSture era, in•.• circulation, ...fur, eiguntures. 1 ,- • - ;:,fliii . % for ciiii lovesligation of , Th e votes, for anti • Ilgoinot.o4Onew'Constitdtibri, end tiscriresSing 'be" — , eliertlinVAtanir thousands of illegal votes lied • been polled; , etipeeially An . the Western counties. •
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