. 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.
•