adventure,soduced industry from its regular
and salutary occupations by the hope of a
bundanco without labor, and deranged the
encial state by tempting all trades and pro.
fessions into the vortex of speculation on re
mote contingencies
The same widespreading influence itn•
peeled also the resources of the Government,
curtailed its useful operations, embarrassed
the fulfilment of its obligations, and serious
ly interfered with the execution of the laws.
Large appropriations and oppressive taxes
are the natural consequeciecs el such a con
nection, since they increase the profits of
those who are i.llo:ted to use the public
funds, and make it their interect that money
should be accumulated and expendituer mid
tiplied. It is thus that a concentrated itio•
ney power is tempted to become an active
agent in political atrairs,and all past experi
cite° has shown on which side that influence
will be arrayed. We deceive ourselves if
we suppose that it will ever be found adeer•
tine and supporting the rights of the com
munity at large, in opeositiou to the claims
of the few.
In a Government whose distinguishing
characteristic should be a diffusion and e.
qunlizatton of its benefits 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 for
which they were originally termed. The
temptation to extend it to other matters, is,
on the contrary, not unfrequently too strong
to be resisted. The influence in the diroc-
tion of public nflitire, of the community et
large, is, therefore, in no slight danger of
being sensibly and injuriously effected by
giving to a comparatively small, but very
efficient class,a direct and exclusive personal
interest in so important a portion of the Ie•
4islation of Congress as that which relates
to the custody of the public moneys. If
laws acting upon private interests cannot al
ways be avoided, they should be confined
within the narrowest limit., and left, wher
ever possible, to the Legislatures of the
W hen not thus ret-t ricted,they lead
to cornbinalib - nd Ofpowerful associationslos.
•
tor an influence nOltsaarily selfish, and turn
the fiiir course efOgialation to sinister ends,
rather than to objects that advance public
liberty, and promote the general good.
The whole subject now reels with you, and I
cannot but express a hole that some definite mea..
sure will be adopted at the present session.
' It will not, I urn sure, be deemed out of place
for me here to remark, that the declaration of my
views in opposition to the policy of employing
banks as depositories of the Government funds,
cannot justly be construed as indicative of hostil
ity, official or personal, to those institutions, or to
repeat in this form, and in connection with this
subject, opinions which I have uniformly enter
tained, and on all proper occasions expressed
Though always opposed to their creation in the
form of exclusive privileges, and as a State mag
istrate aiming by appropriate legislation to secure
the commuuity siguinet the consequences of their
occasional mismanagement, I have yet ever wish.
ad to see them protected in the exercise of right.
conferred by law, and have never doubted their
utility, when properly managed, in promoting
the it/tercets of trade, and, through that channel.
the other interests of the community. To the
General Government they pi esent themselves
merely as State institutions, having no necessary
connection with its legislation or its administra
tion. Like other Stuto establishments they may
be used or not in conducting the affairs of the
Government, as public policy and the general in—
tercets of the Union may seem to require. The
only safe or proper principle upon which their
intercourse with the Government can be regula—
ted, is that which regulates their intercourse with
the private citizen—the conferring of mutual be—
nefits. Wh,n ties Government can accomplish a
financial operation better with the aid of the
banks than without, it should be at liberty to seek
that aid as it would the services of it private ban—
ker, or other capitalists or agents, giving the pre—
ference to those who will serve it on the best
taring. Nor can there ever exist an interest in
the officers of the General Government, as such,
inducing them to embarrass or annoy the State
banks, any more than to incur the Ine,tility
any ot herl class of State institutions, or of private
citizens.
It is not in the nature of things that hostility to
those institutions can spring from this source, or
any opposition to their course of business, except
when they themselves depart from the objects of
their creation, and attempt to usurp powers not
conferred upon theimor to subvert the standard of
value established by the Constitution. While op.
position to their regular operations cannot exist
in this quarter„-tesistance to any attempt to make
the Gevernenetit dependent upon them Fir the
successful administration of public affairs, is a
matter of duty, us I trust will ever be of incline.
lion, no matter from what motive or consideration
the attempt may originate.
It is no more than just to the banks to say,that
in the late emergency, must of them firmly resis•
led the strongest temptations to extend their pa.
per issues, when apparently sustained in a sus
pension of specie pa) mente by public opin.
ion, oven though in some cases invited by le.
gislative enactments. '1 4 1) this honorable course,
aided by the resistance of the Gemmel Govern.
ment, acting in obedience to the Constitution and
laws of the 1./rifted States, to the introduction of
an irredeemablo tipper medium may be attributed
in a great degree, the speedy restoration of our
currency to a sound state, and the business of the
country to its wonted prosperity. The banks have
but to confine in the same course, and he content
in their appropriate sphere, to avoid all interior.
once from the General Government, and to derive
from it all the protection and benefits which it
bestows on other state establialmionte.on the poo.
plc of the states, and the katates themselves. 11,
this, their true position, they cannot but secure
the confidence and good will of the peCiple and the
Govarnment,which they can only lose when, lea
ping from their legitimate sphere, they attempt
to control the logiilation of the country. and per
vert. the operations °film Government to their own
lam p Ism
Our experience under the act pissed at the last
session, to grant pre-emption rights to settlers on
the public lauds, has as yet been too limited to
enable us to pronounce with safety upon the efl3.
cacy of its provisions to carry out the wise and
li
betel policy of the Guy orninunt in that respect.
'limo is, howorar, the boa reason to anticipate
favorable results from its operation. The recorn
pleadations formally submitted to you in respect
to a graduation of the price of the public lands,
remain to be finally acted upon. Having found
no reason to chimp the slaws then expressed,
your attention to them is again respectfully re
quested.
Every proper exertion has been made,and will
be a sultnued, tarry out t h e wishes of Congress
in rolatiott WWII tobacco tredo,as indicated in the
several iitiatialittlimia of the House ofliepresentatives
and the logialtition of tho two branches. A Miro.
nib's impressiou lies, I trust, been made in the
different foreign countries to which pirtmolar at•
tontion has been iliroctod, and although we can.
pot hope fur an early change in their policy,as in
many of thou) a•conveitiont and largo revenue is
derived from monopolies in tho labricition end
sale of ibis ertie.e, yet, as those m..uoplic• are co
all injurious to dm-people where they aro °stab.
itshed, and tiro reOsue dot 'lied front them may
be leas injuriously and with equal facility obtain.
ail item aouther and 3 liberal system of admiiiis.
tration, we cannot doubt that our efforts will be T
eventually crowned with success, if persisted in
.with temperate firmness, and sustained by pru
dent legislation.
In recommending to Congress the adoption of
the necessary provisions at this session fur taking
the next census,or enumeration of the inhabitants
of the United States, the suggestion presents it
self whether the scope of the measure might not
ho usefully extended, by causing it to embrace au.
thentic statistical returns of the groat interests
s d ocially entrusted ln, or necessarily affected by,
the legislation of Congress.
The accompauyind report of the Secretary of
War presents a satisfactory account of the state
of the army,and of the several branched of the pu
blic service confided to the superintendence of
that officer.
The law increasing and organising the milli'
rr establishment of the United States has been
nearly carried into effect, and the army has been
estenskely employed during the past season.
would again call to your notice the subjects
connected with and essential to the military de
j fences of the country, which wore submitted to
I you at the last session; but which were not acted
upon, as is supposed, fir want of time. The most
important of them is the organization of the mill.
tia on the maritime and inland frontiers. This
memoir() is deemed important, as it is believed
that it will furnish an effective volunteer force in
aid of the regular army, and may form the basis
for a general system of organization for the entire
militia of rho United States. Tho erection of a
national foundry and gunpowder manufactory,and
one for making small arms, the latter to be eitiia-
Ited at amnia point west of the Allegheny ttttt tint•
sins, all appear to be of sufficient importunes to
bo again urged upon your attention.
The plan proposed by the Secretary of War for
the distribution of the forces of the United States
in time of peace, is well calculated to promote re.
gat rity and economy in the fiscal adminietrio ton
of the service, to preserve the discipline of the
troupe, and to render them available for the main.
penance of the peace arid tranquility of the coun•
try. With this view, likewise, I recommend the
adoption of the elan pre,ente+,i by that officer for
the defence of the western frotmer. The preser
vation of the lives and property of our fellow citi-
Zane who are settled upon that border country,as
well as the existence of the Indian po?iilation,
which might be tempted by our want of prepara
tion to rush on their own destruction and attack
the white nettlements, all seem to tequire that
this subject should be acted upon without delay,
and the war department authorized to place that
country in a state oicomplete defence against any
assault from the numerous and warlike tribes
which are congregated on that border.
It affords me sincere pleasure le be able to ap.
prise you of the entire motive' of the Cherokee
nation of Indians to their now homes west of the
Nlissierilppi. The measures authorized by Con
gross at its last session with a view to the long
standing controversy with them, have had the
happiest effects. fly an agreement concluded
with them by the commanding general in that
country, who has perfortned the duties assigned
to him on the occasion with commendable etier ,, y
and humanity, their removal has been principally
under the conduct of their own chiefs, and they
have emigrated without any apparent renitence.
The successful accomplishment of title impor.
tent object; the removal, also, of the entire Creek
nation, with the exception of a small number of
fugitives amongst the Seminoles in Florida; the
progress already made towards a speedy comple
tion of the removal of the Chiekeawm, the Choc
tows, the Fottawatamies, the Ottawas, and the
Chippewas,with the extensive purchases of Indian
lands during the present year, have rendered the
speedy and successful result of the long establish.
ed policy of the Government upon the subject of
Indian affairs entirely certain. 'rho occasion is,
therefore,deemed a proper one to place this policy
in such a point of view ea will exonerate the Go
vernment of the United States from the undeser.
red reproach which ties been cast Clam it thro'
several successive administration. That a mixed
occupancy of the same territory, by the white and
rod man, is incompatible with the nalety or hap.
pinese of either, is a position in respect to which
there has long since ceased to be room for a differ.
once of opinion. Reason and experience have a.
like demonstrated its impracticability. Tire bit
ter fruits of every attempt lieret..:fore to overcome
the barriers interposed by nature, have only been
destruction, both physical and moral, to the In
dian; dangerous conflict' of authority between the
Federal and States Government; and detriment to
the individual prosperity of the citizen, as well us
to the general improvement of the country. The
remedial policy, the principles of which were set
tled more than thirty years ago, under the ad
ministration of Mr Jefferson, consists in an ex-
Unction, for a fair consideration, of the title of all
the lands still occupied by the Indians oithin the
States and Territories of the United States; their
removal tea country west of the Mississippi,much
more extensive, and better adapted to their condi
' lieu, than that on which they then resided; the
guarantee to them, by the United States, of their
exclusive possession of that country forever, ex
empt from all intrusions by white men, with
provisions for their security against external vio
lence and internal dissensions, end the extension
to them of suitable facilities for their advancement
in civilization. This has not been the policy of
particular administrations only,bilt of each in enc.
cession since the first attempt to carry it out un•
der that of Mr. 51011100. All have labored for its
accomplishment, only with different degrees of
success. The manner of its execution has, it is
true. from time to time, given rise to conflicts of
epi o nion and unjust imputations; but in respect to
the wisdom and necessity of thin policy itself,there
has nut, front the beginning,exiiited a doubt in the
mind of any calm, judicious, disinterested friend
of the Indian race, accustomed to reflection and
enlightened by experience.
Occupying the double character of contractor
on its own account, and guardian for the parties
contracted with, it was hardly to be expected that
the dealings of the Federal Government with the
Indian tribes would escape miareprotiontation.—
That there occurred in the early sintthemnont of
this country, as in all others where the civilized
race has succeeded to the poseensione of the say-
I age, instances of oppression and fraud on the part
of the hornier, there is too ninch reason to believe.
No such offences can, however, be justly charged
upon this Government since it became free to
pursue its own course. Its dealings with the In
dian tribes have been just and friendly thro'ou'.; its
efforts for their civilization constant, and directed
by the best feelings of humanity; its watchfultiosa
iii protecting them from individual frauds time.
knitting; its fitrhearatice under the keenest provo
cations. the deepest injuries and the most flagrant
outrages, may challenge at least a comparison
with any nation, ancient or modern, in 'limiter
circumstances; and it in future times a powerful,
civilized and happy nation of Indians shall be
found to exist within the limits of this northern
continent, it will bo owing to the consummation
of that policy which has been so unjustlyassniled.
Only a very brief refinance to facts in eonfirma•
lion of this assertion can in this fermi be given,
and you are, therefore, necessarily referred to the
report of the Secretary of %%'or for further &lade.
To the Cherokeee,w hose case has perhaiNVxcited
rho gt cutest share of attention and sympathy, the
U.S. have granted in fed; with a perpetual Var.
antes of exclusive arid peaceable possession; 13,
564,135 acres of land, on the worst side of the
Mississippi,eligibly situated, in a healthy climate,
and in •ill respects bettor suited to their condition
than the c.itintry they have hell, in exchange for
only 9,492,160 acres on the east side of the same
river. The United States have in addition stipu•
hated to pay them $5,600,000 for their interest in
improvements on the lands thus relinquishorhand
61,160,000 ter subsistence and other beneficial
purpusee; thereby putting it in their power to be—
come one of the 'most wealthy and independent
separate communities, of the same extent, in the
world.
By the treaties made and ratified with the gia
.
mina, the Chippowas, the Sioux, the SilCti and
Foxes,and the Wintiebagoes, during the last year
the Indian titles to 18,-155,000 acres have been ex
Theo putchabes have been much
mare extensive than th so of any previous year,
and have, with other Julian exeonses, bane he t
vily upon the Treeenry. They leave, he wooer,
but ii small quantity of unbought Indian lands;
within the States and Territories; and the Legis- !
tattoo and Executive were equally sensible oldie
propriety of a final and more speedy extinction of,
ledien title!' within those limits. The treaties
which were, with n single exception, made in
pursuance of previous appropriations for defraying
the expenses have subsequently been ratified by
the Senate, and received the sanction of Congress
by the appropriations necessary to carry them in
to elFect. Of the terms upon which those i onper
tent nogoliatiune wore cudeluded, I can speak
front direct knowledge; and I feel no dilficully in
atilt ming that the interest of the Iledcaue in the
extensive territory embraced by ilaern, is to ho
paid for at its fair value, and th rt no more favor-' I
able (amnia have been granted to the U. States
th an would have been raaeonably ecireeted in a
negotiation with eivilieeil men, folly capable of
!appreciating and protect MI their own rights.— !
Fur the Indian title to 116,313,897 acres acquired
(Mice the 4th of .March, 1 8 / 9 . the !Jetted State,!
h um p a id $72,560,056, in petinanent annuities,
lands, reservations for Indiana, expenses of remo
val and subsistence, merchandise, inectiaiiical and
agricultural establioliinents and implements..—
When the heavy expenses incurred by the United
Suttee, and the eirCtiritznance that so large a por
tion of the entire territory will be forever uneaten
able, are considered, and tine price is compared
with that for which the United States yell their
own lands, no one can doubt that justice has been
done totlre Indian in these purchaceor also. Gor
tain it ie, that the transactions of the Federal Go
vernment with the Indiana have been uniform:y
characterized by a sincere arid paramount desire '
to pr tttt t t their welfare; and it mu.' be a source
o f the highest gretification to every friend to juin
tiee and humanity to learn (fiat, not withstanding
the obstructions from time to tune thrown iii its
way, and the difficulties which hare arisen from
the peculiar and impracticable nature of tfie
character, the RlBO, bun ane and rodeviating
policy of the Government in this, the moat ditli•
cult of all our relation., foreign ur domestic, has
at length been justifiod to the world in its near ap.
preach to a happy and certain consummation.
The condition of the tribes which occupy the
country set apart for them In tile West, is highly
presperous,and encourages the hope of their early
civilization. They have,for the most partobandon
ed the hunter state, and turned their attention to,
agricultural pursuits. All those who have been
established for any length of nine in that fertile
region, maintain Iheon.elVea by their own irides.
try. There are among Mein traders of no cocoon.
sider•ble capital, and pl•piters exporting cotton to
some extent ; but the greater minter are small
agriculinrists,living in comfort upon the produce
of their firrina. The recent einip,rante, although !
they ha•e in some instance. removed reluctantly,
hate readily acquiesced in their tinevieriably de.
arc y. They have found at once a recompense fir
past eilirerings, and an ieeentive to iiidustilous
habits, in the abundance •nil COinfor lit aroOlol
them. There is reason to believe that all these
tribes are friendly in their feelings towards the
U. States; and it is to he hoped that the •criocei
lion of individual wealth, the pursuits of agricul
ture, and h•bits of industry, will gradually sub. I
due their warlike propensities, and incline them
to maintain peace among themselves. Tu effect
this desirable object, the attention of Congress ;s
solicited to time measures recommended by the
Secretary of War for their future government and
protection, as well from each — other as front the
hostility of the warlike tribes around thermand the
intrusions of the whiles. 'rho policy of the Gov•
ernment has given them a permanent home, and
guarantied to them its peaceful and undisturbed
poetecreion. It only remains to give them a guy
ernment and lawn which will neon/like industry
and secure to them the rewards ofilleir exertions.
The importance of some term of government can
not be too much insisted upon. The earliest el
(acts will be to diminish the causes and occasions
'for hostilities among the tribes, to inspire an in
tercet in the obeervatice of laws to which they
will have themselves aseented,rind to multiply the
securities of property,end the ITlOtheillOt soil im. I
provernent. Intimately connected with this yids
jectde the establishment of the military defences
recommended by the Secretary of War, wind)
have been already referred to. Without them,the
Government will be powerless to redeem its pled
ges of protection to the emigrating Indians a
guinat the numerous warlike tribes that surf ound
theimuud to provide fur the 'misty of the irentier
settlers of the borderine States.
The case of the Seminoles constitutes at pros.
ant (lie only exception to the successful etforte of
the Government to remove the Indiana to the
homer' assigned them west of the Misaiesippi.—
Four hundred of this tribe emigrated in 1836. and
fifteen hundred in 1837 and 1838, leaving in the
coutitry,it is supposed,about .2,000 Indians The
continued treacherous conduct of these people; the
savage and unprnvoked murders they have lately
committed, butchering whole fat - mites of the set
tlers of the Territory, without distinction of age
or sex, and making their way into the very con.
Ire and heart of the country, so that no pert of it
it; free from their ravages; their frequent attache
on the light-houses along that dangerous mist ;
and the barbarity with which they have murder•
ed the passengers and crews of such vessels as
have been wrecked upon the reefs arid keys which
border the gulf, leave the Government no alter.
native but to continue the military operations a.
gairist them until they are totally expelled from
Florida.
There are other motives which would urge the
Government to pursue this course towards the
Seminoles. 'The U. States have fulfilled in goo'
faith all their treaty stipulations with the Indian
tribes, and have in every other instance insisted
upon a like performance of their obligations. To
relax from this salutary rule because the Semi•
notes have maintained themselves so long in t
Territory they had relinquiehed, and, in defiance
of their frequent and solemn engagements. still
continue to wage a ruthless war against the U.S.
would not only evince a want of constancy on our
part, but be of evil example in our intercourse
with other tribes. Experience has shown that but
little is to be gained by the march of armies thro'
a country eo intersected with inaccessible swamps
and rnariMes, and which, from the fatal character
of the climate, must he abandoned at the end of
the winter. 1 recommend,therefore,to your alter).
tion the plan submitted by the Secretary of War
in the accompanying roport.tor the permanent oc
cupation of the portion of the Territory freed
from the Indians,and the more efficient protection
of the people of Florida from their inhuman war
fare.
From the report of the Secretary of the Navy,
herewith transmitted, it will appear that a large
portion of the disposable naval force is either ac
lively employed, or In a state of preparation for
the put poses of experience and discipline,and the
protection of our commerce. So effectual has been
this protection, that, so fur as the infin motion of
Government extends, not u singlo outrage hue
been attempted on a vessel carrying the flag of
the U. States,within the present year,in apy guar
ter, however distant or ex:Posed.
The exploring, expedition ►ailed from Norfolk
on the 19th of August last ; and information has
boon received of its safe arrival at the island of
Madeira. The best spirit animates the officers
and crows,and thole is every reason to anticipate
from its ellints results beneficial to commerce and
honorable to the nation.
It will also bi soon that no roduction of the
force now in commission is contemplated. The
unsettled state of a portion of' South America rem
dery it iedisponsablo that. our commorco should
receive protection in that quartet ; the vast and
inreasing interests embarked in the trade of the
Indian and Chins Boas, in the whale fisheries of
the Pacific Ocean, and in the Gulf of Mexico, re
'quire equal attention to their safety; and a small
squadron may bo employed to greet advantage
on our Atiar.tic coast, in meeting tho sudden do
moods fur the reinforcement of other stations, in
aiding merchant vessels in distress, in affording
active service to an additional number of
and in visiting tho difibrent ports of tho U. States,
an accurate knowledge of which is obviously of
the highest importance.
The attention ocCongress is respectfully called
to that portion of Ow report recommonding en m
e:cute in the number of smaller , Vessele, end to
other suggestions contained in that document.—
The rapid increase and wide expansion of our
commerce which is every day asieking new avo
noes of profitable adventure; the absolute 110008.
pity of a naval force for its protection precisely
in the degree of its extension; a due regard to the
national rights and honors; the recollection of its
former exploits, and the anticipation of its future
triumphs whenever opportunity presents itself,
which we may rightfully .ndulgo from the expo•
rionce of the past, all seem to point to the navy as
a most efficient arm of our oationsl defence, and
a propel object ofiegislative encoursgeinent.
The progress and condition of the Poet Office
Department will be seen by reference to the report
of the Portinaster General. The event of post roads
covered by wait contracts, is stated to be 134,614
miler, and the annual transportation upon them 34,-
S-10,202. The nunthrt of post offices in the U. States
it 12,533,•ted rapidly IncreAsing. The gross revenue
for the year ending on the 30th day of June last,was
43 4,262,146- The accruing expenditures, 5 4,6 - 30,01. it
excess, of expenilltures, j;417. 23. This liar been
made up out of the surplus previously on hand The
wit on hoed on the first itistant,was $314.01ei. The
revenuer for the year ending June 30, 1938, was
$1b1,540 more than that for the year ending June
30, 1137. The expenditures of the department had
bee. graduated upon the anticipation of a largely in
creased revenue A moderate eurtaibuent of mail
service consequently became urcermary,and has been
effected, to shield the department agansit the danger
a rtiabarrassm w ent. Its revenue is no i proving.and
it will soon resume its onward course in c march of
improvement.
Your particular attention is reqnested I so much
of the Postnia•ter General's report as re tea to the
tranrporiation of the mulls upon railroa, The laws
on that subject do not 'rem adeqinit • u secure that
service, sow become utmost esneutia to the public
interests, and at the same time protect the depart
ment from couihi ,ations and unrearthiable demands.
Nor can I too earne■tly request your attention to
the necessity of providing -a inure secure building fur
this departruent. The danger of destructio•l to which
its important books and papers are contiuuallt• expos
ed, as well from the highly combustible character of
the building occupied, us from that of others iu thu
vicinity, calk loudly l'or prompt action.
Your Alt: talon is again earnestly invited to the
suggestions and recommendations statinanuitted at the
last s .410t1 in respect to the District of Columbia.
!feel it my duty, 21.11.4 to bring to your notice err
lain proceedings at law which have recently - beim
prosecuted in this Distriet,in the 112111 e of the United
States,on the relation of Nlessro. Stockton & Stoke.,
of the State of Nlarylaml,against the Postmaster Ge
neral, and which have ref tilted in the payment of
money out of the National - Treasury ,for the first time
since the establishment of the Go•ertlllient, by - yudi•
ralcompuhd 41 exercised by the COllllOOll law writ of
uinduuus,i.sucil by the circuit court of this District.
The lam of the case, and the grounds of the pro
ceedings, will he found fully stated in the report of
the decision; and ally additional information which
you may desire will be supplied by the proper de
partinent. No iuterfervune in the particular same is
arutenaplated. The money has been paid; the damn
of the prosecutors have been satisfied; and the whole
subject,no far a• they are concerned,is finally dispos•
ed of; but it is on the supposition that Ike cane may
be regarded as an authoritative exposition ot the law
as It now stands, that I have thought it necessaiy to
resent it to your coustderatiUts.
The object of the application to the circuit
court was to compel the Postmaster General to
carry into effect an award made by the
1 Solici
tor of the Treasury, under a special act of Con
' greas for the aettlement of certain claims of the
I relations on the Post Office Department, which
i_award the Postmaster General declined to ex
-1 cute in full, until he should receive further le
gislative direction on the subject. If the duty
I imposed on the Postmaster General, by that
law, was to be regarded as one of an official '
nature, belonging to his office as a branch of
the Executive, then it is obvious that the con.
stitutional competency of the Judiciary to di
rect and control him in its discharge, was ne
cessarily drawn in question. And if the duty
so imposed on the Postmaster General was to
be considered as merely ministerial, and not
executive, it yet remained to be shown that the
circuit court of this District had authority to
interfere by mandamus—such a power having
never before been asserted or claimed by that
court. With a view to the settlement of these
important questions, the judgment of the cir
cuit court was carried, by a writ of error, to the
Supreme Court of the United States. In the
opinion of that tribunal, the duty imposed on
the Postmaster General was nut an official ex
ecutive ditty, but one of a merely ministerial
nature. The grave constitutional questions
which had been discussed were, therefore, ex
cluded from the decision of the case ; the court,
indeed expressly admitting that, with powers
and duties properly belonging to the Execu
tive, no other department can interfere by the
writ of mandamus f and the question, there
fore, resolved itself into this: Has Congress
conferred upon the circuit court of this District
the power to issue such a writ to an officer of
the General Government, commanding him to
perform a ministerial act/ A majority of the
court have decided that it has, but have foun
ded their decision upon a process of reasoning
which, in my judgment, renders further legis
lative provision indispensable to the public in
terests and the equal administration of justice.
It has long since been decided by the Su
preme Court, that neither that tribunal nor the
circuit courts of the United States held within
tne respective States; possess the power in
question; but it is now held that this power,
denied to both of these high tribunals, (to the
former by the Constitution, and to the latter by
Congress,) has been, by its legislation,
rested in then circuit court of this District
No such direct grant of power to the circuit
court of this District is claimed ; but it has
been held to result, by necessary implication,
from several sections of the law establishing the
court. One of these sections declares, that the
laws of Maryland, as they existed at the time
:f the cession, should be in force 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 in
1801, was eatabllshed in that part of the Dis
trict.
In England, the Court of King's Bench—be- 1
cause the sovereign, who,according to the the
ory of the Constitution, is the fountain of jus
tice, originally sat there in person, and is still
deemed to be present, in construction of law—
alone possesses the high power of issuing the
writs of mandamus, not only to inferior juris
dictions and corporations, but also to magis
trates and others, commanding them in the
King's name, to do what their duty requires,
in cases where 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 United States is,by the Constitution ren
dered incompetent to exercise this power, and
as the circuit court of this District is a court
of general jurisdiction in cases at common law,
and the highest court of original jurisdiction
in the District, the right to issue the writ of
mandamus is incident to its common law pow
ers. Another ground relied upon to maintain
the power in question is, that it was included,
by fair construction, in the power it granted to
the circuit courts of the United States, by the
act " to provide for the more convenient orga
nization of the courts of the United States,"
passed 13th of February 1801; that the act es
tablishing the circuit court of this District,pas
sed the 27th day of February, 1801, conferred
upon that court and the judges thereof the
same powers as were by law vested in the cir
cuit courts of the United Statei 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, but l e ft
it still clothed with the powers over the sub
ject which, it is conceded, were taken away
from the circuit courts of the United States by
the repeal of the act of 13th February, 1801.
Admitting that the adoption of the laws of
Mars land for a portion of this District confers
on the circuit court thereof, in that portion, the
transcendent extrajudicial prerogative powers
of the Court of King's Bench, in England, or
that either of the acts.of Congress, . by ncces
s:u•y implication, authorize the former court to
iine a , A 1'1( of mandamus to art of lecr of the.
United States, to compel him to perform a min
isterial duty, the consequences are, in one re
spect, the same. The result in tither case is,
that the officers of the United States, stationed
in different parts of the United Slates, are, in
respect to the performance of their official du
ffles, subject to different laws and a different
supervision : those in the States to one rule,and
those in the District ofColumbia to another and
a very different one. In the District their offi
cial conduct is subject to'a judicial control,from
which in the States they are exempt.
Whidever difference of opinion may exist as
to the expediency of vesting such a power in
the judiciary, in A syst em of Government con
stituted like that of the United States, all most
agree that these disparaging discrepancies in
the law and in the administration of, justice
ought not to lie permitted to continue: and AS
Congress alone can provide the remedy, the
subject is unavoidably presented to your con
sideration.
.71. Jsj Burets.
WI4IIINIITO V, December 3, I EMS.
A DV ERTI ENTS
GETTYSBURG
so 4 . c o - a
llhoodo•••I fa V •
Institution will open under a now
21- organization, on Monday the '29lh in.il.
The Comae of Study will embrace all the
solid branches taught in Our most eminent
Female Seminaries, and all the ornamental
that are truly useful. The Hey. J. 11. MA us-
HEN, A. M. long experienced in conducting
Female Education, has been appointed Prin
cipal of the itishiiiiitmointl will immediately
enter upon his duties. The Principal will
be assisted by Miss R. M. It EvNoLus, well
known as an efficient and faithful Instructor.
Music upon the l'iono, Embroidery, and
the muniMirture of Wax Flowers, will be
taught by 'Airs. 111 A ntiot: N. Specinielis of
the two latter branches may Le seen at her
residence.
The French and Spanish Languages, and
Drawnuz, ‘s be taught by the hincipal.
111 . 7 - The Terms, which me very !tinder
ate, will be made known in n future number
t f- 3 I
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Octotxr 27, le+:sB.
"The True Riches of Life is
Health."
We know that Ilealb, and the ability to labor
is the wealth of the great mass of the people in this
as in most other countries. To preserve, there
fore, that health by nictuast mesns, is a grand
moral and political scheme, to fulfil which re
quires our utmost attention.
tit E unpernllnl reputation which Peters' Pills
4.L have acquired as a Medical Itestorativeos the
most unquestionable proof that can be given of
their immense importance to the afflicted, in al
most every class of diseases. The number of let
ter received from patients recovering through
their ineatia is really prodigious, and the cum•
plaints which they have cured aro almost as vur
iod us they are numerous. But still there aro
801110 in which they are more especially beneficial
than in others; and among those may be named
the too often fatal complaints of the stomach and
bowels, such as Cholic, Flatulence, and Indigos.
lion, for which they are not only a certain but. an
immediate cure.
It is well known that from the disarrangement
of the stomach and bowels, arise nine tenths of all
the maladies of adult and declining life; that this
is the foundation of Flatulency, Spasmodic Pains
Indigestion, Loss of Appetite, &c. and that those
in their turn give birth to Dropsy, Liver Corn•
plaint, Comsumption, and habitual lowness of
spirits; therefore Peters' Pills being the very beet
medicine which has over been discovered fur the
incipient diseases of the intestines, are nocessari
ly the surest preventives of those dreadful, and al
so general disorders, which embitter mature lite,
and drag so many millions to tlntimoly graves.
In speaking thus Dr. Peters arrogates nothing
to himself that has nut been conceded by the pub•
lie. Ile is no needy quack or unknown specula
tor, who curves belbre the world as his own her
ald and witness, but is placed in n respi.nsibility
et - situation by the patronage which lie has on.
joy ed for years, and which is incrousing to an
extent unprecedented in the annals of medicine,
that makes him careful to assert nothing which
is not borne out by the most infallible proof, and
hence he does not tear to be put to test in any
thing which lie has promised respecting his Pills.
Dr. Peters is most happy to ho able to state, on
the authority of a great number of regular physi
cians, that wherever his Vegetable Pills have
been introduced, they have almost superceded the
adoption of n,orcureal experiments. for their pe
culiar faculty in sweetening the blood, and stim
ulating it to expel till noxious juices, and in giv•
ins strength and tone to the nerves, prevents dis•
ease horn acquiring that strength which must be
: •ot under, if at all, by dangerous remedies.
Prepared by JOS. PRIESTLY PETERS,
M. D. 129 Liberty street, Now York. Each box
contains 40 pills price 50 cents.
These celebrated Pills are sold by all the prin
cipal Drug gists in Baltimore, Philadelphia, Wash.
ington City, and throughout the United States,
the Canadae, 'loses, ;Mexico, and the West In
dies.
For Bale et the Drug Store of
GEO. R. GILBERT, 3z, CO
Gettysburg, Nov. 27,1838
I. N NO INSTANCE has the beautiful
tonic, anodyne, and restorative preparit•
tin, well known and celebrated as 1)r. Dim.
Evans' Camomile Pills, failed to atibrd the
highest gratification to those who have tried
them in any of the various cases for which
they are recommended on the larger adver•
tisements.
For sale at the Drug Store of
GEO. R. GI ',BERT & Co.'
Gettysburg, Nov. 0, 1838. Iy-32
HARD-WARE,
BAR IRON AND STEEL,
JUST' receivedand for sale by the sub
tIP Scriber, a large Stock of llarci•Waro.
lltt - r Iron auil Steel,
'Ed; 07ools,
Tenant Saws.
All of which will be sold chenp for Cusl► or
Produce.
• GEO. ARNOLD..
Ngvember '2O, 183,1 . , 4%—:34
A DVER I'l ENTS.
QUACKS AND THEIR DESTRUCTIVE
NOSTRUMS.—The united testimony of
physicians throughout the United States has fully
proved the fact that Peters' Vegetable Pinson)
the only true Vegetable Pills which will stand
the lest of orally zation ; hence 'the proprietor
would most earnestly urge tl•em to the notice or
those who have been in the habit' of using, as ca
thartics or aperients, the destructive and trritan ,
ling quack pills tit, generally advertise,', and'
which arc at best but slow consumers of the vit;:f
functions, and murderous agents, even In the
most bale. li iv trim, mord of them produce tt.
purgative ell't•ct, and .41111101!Illee tran•lent relief;
but in mast ("IOW!. they r eigeslite or
gan., and nn hu . • )Smt to then) must tenni
mite confirmed dt spepsic.
It is true (lint mdlrirtic ntii: aperient metlicinea
are often required. but the nicest (11 , crimlattlion
should always be obsei vett in the select vie.
if this be done, nothing injurious can rest: 41401 '0
their 11110.
To produen this noich.desired result, Dr. Po,
fors ii:lN mode it his xtudt for several yvitra, and
nods prowl lo say he ham suceeeded at Ini.2lh ter
beyond his expee•lnlloes. '1 he object of his pills
is to supercedo the necessity tie frequent recourto‘
to injurious purgatives, and to offer a nied:cino ,
safe, certain. end pleasant in its operation.
Prepared by JOS. PRIES"( IN PETERS, it!..
D. No. I`2J Li het ty stieet, New York. Each box
contains 40 pills. I'm ice SU cents.
For stile ut the Drug Sti.rt, (.f
GEa R. G I E. BER:r, & CO.
GattyNbtirg , Nov. 37, IH3B ix in-35
Peters' Vegetable Pills.
guilt E than three i millionni ut boxes of these
celebrated PILLS have been sold in the
United States since January, 183:3.
Llundrods and thousands tiloss the day they be
came acquainted with PETERS' VEGETABLE
PILLS, which inn COMOUIUMIC.O Of illolr extraordi
miry goodness, but a attained a popularity unpre
cedented in the history id medicine.
Whorl token UccurOing to tho drrectu rna accom
panying their, they are highly beirelk!lal with°
prevention arid cure of Billtuun Foyer, Fever and
Ague, Dyspepsia, Liver Complaints, Sick Head
ache, Jaundice, Amthins, thlipsy, Rheumatism,
Enlargement of the Spleen, Piles, Ghillie, Female
Ghstrim•inns, Heart Burn, Furred Tongue, Nate-
Dl/001114/011 ul the Stun rich and Bowels, In
cipient Diarrhuia, Flatulence, Habitual Costive-
Ine,.s, Loss of Appetite, Blotched or Sallow Uoin•
pies ion, and in all cases of Torpor of the Bowels,
where it cathartic on an aperient is needed. They
are exceedingly mild in their operation, produc
ing :moiler nausea, gripi ,g, nor debility.
The etlicacy or these Pills is so well! known,
and their use so general, that further comment is
considered u-nocessary.
Fir further particulars, see Dr. PETERS'
Pamphlet which can be had G HATIS, at the
Drug Store of G. K. TYLER, General Agent for
the Slate of Maryland.
For sale at the Drug Store of
GEO. B. GILBERT, dz. CO.
Gettysburg, Nov. T 7, Ih3B. lxin 35
More Conclusive Proofs of the
Efficacy of Dr. Wm. Evans' Camomile Pills.
Liver Complaint eared by Dr. William _Evans'
Camomile Tonic and Aperient Pills.
TVIR.S. LYME, of Nlount Joy, Lancas
ter county, Pa. Completely restored V/
to health, by Dr. Evans' Camomile Pills.
Her symptoms were great pain in her right
side, could not lie on her 101 l aide without an
aggravation of the pain, disturbed rest.
Extreme debility, pains in the head, loss of
appetite, palpitation of the heart, giddiness
and dimness of sight, languor, with other
symptoms indicating great derangement in
the functions of the liver. Miss Lytle,
daughter of the aforesaid Mrs. Lytle, has
also been restored to health by the same in
valuable medicine. Her symptoms were
extreme nervousness, attended with severe
pain in her side, sickness of the stomach,
eructations, &c. Mrs. L) tle has the pleat
sure of informing the public that numerous
cases similar to her own, On her vicinity,)
have been restored to health by the sanui ink
valuable medicine.
For aide at the plug Store of
GEO. R. GILBERT & CO.
Gettysburg, Nov. 6, 1838. Iy-32
CO-P.aItTNERSIZIP.
GEORGE R. GILBERT
J.ICOR Fr. GILBERT,
H AVING purchased the Drug Store
of Dr. JESSE GILBERT, deceased, will
continuo the establishment under the firm of
GEORGE R. GILBERT Az CO.
at the old stand, in Baltimore street, Get
tysburg.
It is hoped that the experience of ore of
the members of the firm who business, and
the entire devotion of hot h,to the acconime.
dation of those who may favor them, will
secure the confidence,and a reasonable share
of the patronage of the community.
A COMPLETE ASSORTMF:NT OF
FRESH DRUGS
1--Jr AND
1112/1)2 Lta - Aanto
'Paints, Oits, & Dye Stuffs,
will be kept on hand constantly, and sold on
the most reasonable terms.
IC:r• Ph ysiciongand Country Merchants
will be promptly supplied at 11 t:DUCED rat
CES. Their orders are respectfully Solicited.
GEO. R. GILBERT,
JACOB W. GILBERT.
Gettysburg, Oct. 16, 1E 4 39. tf-29
NOTICE.
[THE Subscriber,residing m Littlestown,Ger
many township, hereby gives notice to all
persons indebted to the Estate of
BARBARA FERNAW,
late of Germany township, Adams County, Pa.
deceased, to call and make immediate payment.
and those having claims against said Estate, will
present them without delay, properly authentica
ted, for settlement.
(;EORGE WILL, Exeer.
November 20, 183.9. 6t -34
ixm-35
OCIAZIE LAO;
I'RILIVGII TaSSELS.
rEMIE Subscriber has now on hand a large
-E- stock of very superior
q,lbawat zacoiao
FICINGE AND TASSELS,
CF EIS OWN MANUFACTURE,
which he will dispose of on the moat reason•
able terms.
KrOrders from a distnnee will be prompt.
ly nttonded to. Any Pattern made to order.
Getiyaburg, Pa. •JOIIN ODELL, '
N. 11. All kinds or MILITARY work
done to order.
November 17, 1837.