Vincennes Gazette, Volume 8, Number 30, Vincennes, Knox County, 22 December 1838 — Page 2

atid accouiils of olliceru eiurustt:d with the custody of thu public moneys. J'i.e frequent performance of this duty might be mada obligatory on the cominittee iu respect to o.hers. They might report tot he Executive such defalcation as were found to exist, with a view to a prompt removal from office unless the default was satisfactorily accounted for; and report nlso to Congress, at the commencement of each session, the result of their examinations and proceedings. It does not appear to ma that, with a subjection ef this call of public officers to the general supervision of the Executive, to examine by a cuir.init'.ej of Congress at periods of which they should have no previous notices, mid to prosecution and punishment as for felony for every breech of trust, the inf.; keeping of the public ntonays, under the system proposed, might be pi iced on a surer foundation than it has ever occupied sinsc the a talslishment of the Government. The Secretary of the Treasury will ly before vou aJdhi mat information containing new details oa thi i interesting subject. To these I ask oe,r early altsntian. That it bhould have- given Use to i;rcat tiver.-:ty of opinion, cannot tea 'j enri.ri.'. After the collection am! u.-t'j-i y i" the public moneys L td been for so many year connected with, and made suhaidaa iy t.i tha advancement of private interests; a r-'urii lo the simple anJ sell denying ordinances i f the i-oiK-tituti on could not bo diiiicuit. But tii:i and t.-e dim msion ilicit.iig the en:ituent f tli? people and aided by that conciliatory pi-;, w hieh has ever characterized their course oa g-eat ei'.iergoneies.wc'l relied upon by a -ati-fao. t.iiy Mtilinu-i:t uf the nuestioii. Already ha--thi; anticipation on one important point at least t se impropriety el diverting public miner to private purposes been fully realized. Thre it : j r"!ou to gjj poso that legislation upon that branch of die subject would now be cra'aarra .ed by a diilVienee of opinian, or fail to recti eg the -.jrdi.il t-uppoit of a larK'o majoiity ef our con. ftitucrM-i. The connection which foimerlv existed bet.veen the Gov eminent and banks was i:i reality injurious to both, as well a.s to the general iiitoieats of tlie community at larje. It agmvated the dia.-tci of trade and the general d rangeinent of the s-ouimereia! intercourse and administered new excitement arid additional Mean to wild and reckless speculation, the disappointments of which threw the country irito cone ulr-ions of panic, e.r;d ail but produced v iolcneo and bloodshed. The imprudent epan-t-un of bank credits, which wai the natural results of the command of the revenues of the .( itr, furnished the resources far unbounded ii. cerise in every ppacics of adventure, bcdueod in dustry from its regular and salutary oecupatic by the hope of abundance without labor, and ;e;ang'-d th social state by tempting ail trades mi 1 professions into the vortex of ."peculation on r:nole centmgt uciea. I he same wi te spreadm:; influence impeded also the resource of the jjofernment, curtai.fj i ; 3 u ?fuf operation-?, emb irrassed the fultilment of its obligations. and seriously interfered with the executim ot taa laws. Large appropriations a j ppressiTC taen are tie natural crmse c'inc- if such a connection, since they in crease the profits ol those who are allowed to use the pubhe funds, and nuk it their interest that miner should liu accumulated, and expenditures inuiiipli'd. It m thus that a concentrated money power iri tampte.l to beeoma an active aent in pouiicii a.iairs, ami a.i pasi experience lias h'iMi on whicli sd 'c that mllueute will be arr.iye.1. We i.jocive ursolvej if vs suppose That it mil ever h tounJ ajscitm' a. id s.iru.-t. the ri'.it of tVa coni'nv.nily at iare ira opp'titij.n to tbe -lji::n of the lavrg. In a government vtlioe diitiuguiahin charac teriitic should be a diflusin end e'paaiizaii n cf iu bjnefits and burdens, the advantage of individuals will b augmented ut the cij'ense of th& maji of the people. -N or ii it the nature of combinatians for the actpiit aiicn of lesislitivo influence to confine their inteifsr' nee to the sinirle object for which they were originally forme The temptation to extend it t other nutters, i, on t'na contrary, not unfierpiontly too strong to t refitted. The influence m the direction of a!.;:; :i the community ut large, .therefore, in no slight danger of being sensibly and tDj.-isus1- ellVcted by giving to a comparatively rnall, but very ,:5;ient claj3, a dirrt and exclusive personal intereM in s- :oortant a portion of the Iegis!atis!i of Congress, s thst which relates to tho custody of the public inonsvs. If laws acting upon private interests cannot always bs avoided, they should be confined within the narrowest limits, and left wherever pissible, to the legislature of the states. When not thus restricted, they lead to combinations of powerful associations, foster an influence necessaiilv selfish, and turn the fair course of IcgUlation to sinister ends, rather than to objects that advance publiejlibertr, and pr omote, the general goad. The whole subject nw rests with you, and I cannot but o.xpiess a hope that soma defii. lie measure will be adopted at tao pres-nt ejsiou. It wi;l not, I am sure, be deemed out r,C place for roe hero to remark, that the declaration of mv uevrs in opposition to the policy of employin Wir;ks as depositories ot the ( iovci nment funds rin-mt be j'i t'v construed as indicative of bostility.o'.neialor personal, to those tnstilutiou;or to repert, in the form, and in connection with this subject, opinions which I have uniformly enter tamed, and en all proper occasions expressed. Thouzh alwavs oppose 1 to tlieir creation in (he form of exclusive privileges, and as a State ma Ristrate, aiming by appropri te legislation to serure the eommunity against the consequences of their occasiocal man agrmcnt, I have yet ever wished to sco thsm jirotected to the exercise of jights conferred by law. and have never doubted their utility, when properly managed, iu promoting the interests of trad, and through that channel, the other interests of the community. To the General Government they present themselves merely a? state institutions, having no necessary connection with its legislations or its administration. Like other State establishments, they maybe u 1 or not in condurting the affairs of the Government, as public policy and the general interests of the Union may seem to reqniro. The only safe or proper principle upon which their in. tercourse w ith the Government can bs regulated, n that which regulate? thai, intercourse with the private citizen; the conferring mutual bonofits. When the Government can accomplish a financial operation better with the aid of the banks th in without, it should bo at lihort v " ,- - ' - i --- i ;i private banker, or other capitalists or agents, eiving the pi 'ference to those that will serve it on the best terms. Xor can there ever exist an interest ie. the otrieers of the General Covcrnment, a sueh j iditcing tkem to eccb -.:;a. or unnoy the State lb O nil tw it tvrwil.l n e,i-vi.n, C ' nanus any more man to incur trie hostility of any oiler class of .'State institutions, or of the private citizen. It is not in the nature of things that hostility lo thosj institutions em spring fV o:n

-tifairs.

this source, or any oppostion to their course o' business, except when they themselves depart from the objects of their creation, and attempt to usurp power not cor.feircd upon them, or to subveit the standard or value established by the constitution. While opposition to their regular operations cannot ex'st in this quarter, resistance to anv attempt to make the government dependent

upon them for their sucecicful administration of public atVeira, n a matter ot Cuty, as 1 trust it ever will be of inclination, no matter from what motive or consideration tli3 attempt may originate. It is no more than jast to the banks to say, thm, in the late emergency, most of them firmly reslrted the strongest temptation to extend their issues, when apparently sustained in a suspension of specie payments by public opinion.even though in some, cases inrited by legislative enactments. To this honorable course, aidtd by the resistance of the general government, actinj in obedience to the constitution cf the U. r., to the introduction of an irredeemable paper medium, tuny bs attributed in a great degree, the speedy restoiation of oar currency to a sound state, and the business of the country to its wonted prosperity. jjThe banks have but to coutinuo in tbo same safe course, anil be content in their appropriate sphere, to avail all interference from the genera! government, and to derivo fiom it all the protection and benefits which it bestows upon other state establishments on the people of the state.-, and on the states themselves. In this their true position, they cannot but tcuro the confidence ai.d good will of the people and th1 government, which they can only lose when leaping from their legitimate sphere, attempt to control the legislation of the country, and parvert the operations of the government to their own purposes. Our expeiience under the act passed at the last session to grant pre-emption rights to settlers on public land, hai as yet been tao limited ta enable us to pronounce wuh safety upon the efficacy of its provisions to carry out the uie and liberal policy of the government in that respect. The recommendation- formerly submitted to vou. in respect to a graduation of the price of public lands remain ta t.j finally acted upon. Having found no reason to change the lews then expressed, your attention to thc.-.i is respcctivclv requested. Every proper exci tian has been made, and will be continued to carry out the wiohas of Congress in relation to the tob iceo trade as indicated in the seveial rc3o'utions of the House of Representatives and the legislation of the two branches. A favorable imprcssian has, I trust, been made in th? distant foreign countries to which particular attention has been directed, and though we cannot hope for early ck-mge i i thir poli y, as in many of thorn a convenient and larc levenue is derived from monopolies in the fabrication and sab" of thi-. artic v et, as thee monopones are really injunous ij i :ie people v.neioiaey are esl.i:)as:i.'il, and the reven'ir (brivd from tinun may be less iMjuriJUMy ana wr.n equal laci.iry oeiaineu irom another and n lineial s stem of admi:iitrati n, we cannot doul t that our elfiits will be eveu. tually crowned with success; if persisted in with tcmpeiat? lirmnes--., and sustained by jiru lent legislation. In recotiimeniiin to Congress the adoption of tho necessary provisions at this session fot taking the next census, or enumeration of the inhabitants of the U. Slates, the suggestion presents itself whether the scope of the measure might not be usefully extended by causing it to embrace authentic sUUSlior.1 return of the gro:it interest specially entrusted to, or necessarily affected by the Ipgislalion f Cunjrresf . Tho accompanying report of tho Sec-! retary of var pror.its a natirfactory account of the stat ; ol tho army, nnd of the several branches of the public service confided to tha superintendence tif that officer. The law increasing und orinizinr the miiititry e.siablislirnt'tit of the Unitei States has been ncatlv carried into ef fect, and tho arrav f:as been ex ten sively and usefully employed during the past season. I would again call to your notice the subjects connected with and essentially lo the military defences of the country but which were not acted upon, as is suppos ed, for want oi time. l he most important of them is the organization of the mi litia on the maratine and inland frontiers. This measure is deemed important, as it is believed that it will furnish an r-fTeciive volunteer force in aid of the regular arrnv. and forni the basis for a general system of organization for the entiro militia of the United States. The erection of a national laundry and gunpowder mimifactory, and ono for making small arms, the latter to be situated 3t some point west of the Alle gheny moutitaina, all appear to be of suf ficient importance to be again urged upon Tour attention. Ths plan pripo?cfl by tha Secretary of War for tho distribution of the forces of tho United States in time of peace is well calculated to promote regularity and econ omy in th fiscal administration of the ser vice, to preserve the discipline of the troops and render them available for the main tenance of the peace and tranquility of the country. With this view, likewise I recommend the adoption of the plan presented by that officer for the defence of the western frontier. The preservation of the lives and property of our fellowcitizens who are settled upon that border country, as well as the existence of the Indian population, which might brj tempted by our want of preparation t-) rush on their own dehlrucliwn and attack the white settlement, all seem to require that this subject should be arted upon without delay, and the War Department authorised to place that country in a state of complete defence against any assault from the numerous and warlike tribes which are engaged (s;i that border. It affords me sincera pleasure to be able to npprizo you of the removal of the Cherokee nation of Indians to their homes west of the Mississippi. The measure auihon';.; L, r,;;-9 al its last session with a view to the long standing contro-j vpi-sv with them, have had tho happiest effect. Uy an ajjrcsjn.cnt concluded with them by the commanding general in that OolliltrV, who hns iwrl'.irmo, the duties assigned to inm on the mendahleenercv and hummitv- " reoccasion v Ha eommoval has been princinallv under the ro'l fbl,-t .,f t!,: . : J' i niiir uivri chiefs, . J ha

emigrated without -any apparent reluctance. The successful accomplishment of this important object, the removal, also of the entire Creek nation, with the exception oi a small number of fugitives amongst the Setninoles in Florida, the progress already made towards n needy completion of the Chickasawa, the Clioctaws, ,i,0 poiawatoniies, the Ottwwas; Willi the Chippewas, witli the extensive purchases of Indian lands during the present year, have ren

dered a f paedy and suecessfull result of , . i i--i-.c.i- .- ins long est ibiisneu policy oi uie viovtrnmeiu i pon the subject of Indian affairs entirely certain. The occasion is therefore deemed a proper one to place this palicy in snr;h a point of view as will exonerate the Government of the U. States from undesutved reproach which has been cast upon it through several successive administration?. That its mixed occupancy of the same territory, by the white and red m?nis incompatible with the happiness or safety of either, is a position in respect to which there haj long since ceased to be room fr a difference of opinion. Reason and experience have long since demonstrated its impracticability. The better fruits of every attempt heretofore to overcome the barriers interposed by nature have only been destruction both physical and moral to the Indian; dangerous ronlliets of power bstwean the Federal and State Government; and determent to the individual prosperity of the citizens, as well as to the general improvement of the country. The remedial policy, the principles of which were settled more than thirtv years ago, under the administration of Mr. JeiTeison, consists in an extinction for a fa.r consideration, of the title to all the lauds "still occupied by the Indians within the States and Territories of the United Stales; their removal to a country west of tha .Mississippi, much more extensive; and batter adopted lo tlieir condition than that on which they then rcsid-d, 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 nroviioiis for tlieir security against external iolence and internal dissension and lite extension to them of suitable farihiies for tlieir advancement in civilization. This has not been the policy of a particular administration only, but of each in sut,ce."sion since the fust attempt to carry it out under that of Mi. Monroe. All have labcrcd for its accomplishments, only with diiTr-ront degrees of success. Thmanner of its execution has, it is true, from time to tims given rise lo conflicts of opposition and unjuat imputations; but, iri respect to the wisdom and nseessitv of the policy itself, there has not, from the beginning existed a doubt in the mind of any calm, judicious, Uismtercsteit menu of the Indian tribe, accustomed to refleeU'n and eniighei.ied experience. Occupying the tl-j.iiiie character of contractor on its own account, and iruardiau for the parties contracted with; it was lardiyto be expected tliM the.e;iiings of the Federal Jove, nment w iiii the Indian tribes would escape misrepresentation. That there occurred in the early s-.-ttlcment of tins country, as well as in others, where the civilized race ha. succeeded to the possessions of the savage, instances of oppression and fraud on tho part of the former, there is loo much reason to believe. o such offences c3n, however, be justly charged upon this Government since it be:a:ne fre .;. to pursue its own course. Its dealings with the Indian tribes have been just and liiendly throughout: its efforts for their civilization constant, and directed by their best feelings of humanity; its watchfulness in protecting them from individual fraud unremitting;its forbearance under the keenest provocations, the deepest injuries, and the most flagrant outrages, may challenge at least a comparison with any nation ancient or modern, in similiar circumstances; and in future limes a powerful, civilized and happy nation of Indians shall b3 found to exist within the limits of this northern continent, it will be owing to the consum mation of that policy which has been so unjustly assailed. Only a very brief reference to facts in confirmation of this assertion can in this form be given, and you are, therefore, necessarily referred lo the teport of the Secretary of War for further details. j o tha Cherokecs. whose case hi3 perhaps excited .he greatest share of attention and sympathy; the United States have granted in fee, with a perpetual guarantee of exclusive and peaceable pos session, :',").) 1,135 aeree of land on the west side of the .Mississippi, eligibly sit uated in a healthy climate, and in all re spects better striked to their condition thnn the country they loft, in exchange for only 0, 101,1 G.) acres en the east side of the same river. The U tuted States have in addition stipulated to pay them five millions in addition si." hundred thousand dollars for tlieir interest in improvements on tha lands thus relinquished, and one million and sixty thousand dollars, for subsistan.e and other bsnificent purposes; thereby putting it in their power to be come one of the most wealthy and inde pendent separate communities, of the same extent, in the world. My the treaties made and ratified with the Miamies. the Chippewas, the Sioux, the Sacs and Foxes and the Winnebagoes, during tha last vear, the Indian title to eighteen millions four hundred and fiftyeiht thousand seres has been extinguiihThese purchases have been much more extensive than those of any previous year ana have with other Indian expenses borne very heavily upon the Treasury. They leave, however, bat a small quanitty ofunbought Indian lands within the States and Territories, and the LegUla'.uo and Executive were equally sensible of the propriety of afinat and more speedy ex-S-rlinn if Iiliin "it TT-lmS lttjiu i.w- --

mils. The treaties which were, with a eingle exception made in pursuance

of previous appropriations for defray ing ihe expenses, have subsequently been ratified by the Senate, and received the sanction of Congress by the appropriations necessary to carry them inlolfect. Of the terms upon which these important negociaiions weie concluded, I can speak from direct knowledge; and I feel no difficulty in affrming that the interest of the Indians inthe extensive territory embraced by them, is lo be paid for at its full value, and that no more favorable terms have been granted to the United States than would have been reasonably expected in a negociation with eivilized men, fully capable uf appreciating and protecting their own rights. For the Indian title to 110,34,897 acres, acquired since the dlh of March. 182 , ihe United States have paid Jjs5" 5i0,0)(. in permanent annuities, lands, reservations for Indian?, exper.ses of removal and subsistence, merchandise, mechanical and agricultural establishments, and implements. When the heavy expenses incurred by the United States, and the circumstance that so large a portion of the entire territory will be forever unsaleable, are compared with that f.r which the U. S. sell their own lands.no one can doubt that justice hss been done to the Indians in these purchases also. Certain it is that the transactions of the Federal Government with the Indians have been uniformlv characterized bv a sincere and paramount desire to promote their welfare; and it must be a source of gratification to every friend to justice and hu manity, to learn that notwithstanding the obstructions from time to time thrown in its way, and the difficulties which have arisen from the peculiar and impracticable nature of the Indian character, the wise, humane, and undeviating policy of the Government in this most difficult of all our relations, foreign or domestic has at length been justified to the world in its near approach to a happy and certain con sumation. The condition of the tribes which occu py the country set apart for them in the west, is highly prosperous, and encou rages the hope of their early tivilization They have for the most part, abandoned the hunter state, and turned their attention to agricultural pursuits. All those who hate been established for any length of time in that fertile region, maintain them selves by their industry. There are among them traders of no inconsiderable capital, arid planters exporting cotton to 6ome extent; but the greater number are small agriculturalists, living in comfori upon the produce of their farms. The recent emigrants, although they hare in i some instances removed reluctantly, have r?;u!ily acquiesced in their unavoidable destiny. They have found at once a recompense for past suffaiings, and an incentive to industrious habits, in the abundance and comforts around them. There is a rsason to believe that all the setribes re friendly in their feeling towards the U nited States; and it is hoped that the acquistion of individual weatlh, the pursuits of agriculture and habits of industry, will gradually subdue their warlike propensities and incline them to maintain peace among themselves. To effect this desirable object, the attention cf Congress is solicited to the measures recommended by the Secretary of War for their future gnverttment and protection, as well from each other as from the hostility of the war like tribes around them and the intrusions of the whiles. The policy of the government has given them a perma nenthome.ci: guaranteed to them its peace ful and undisturbed possession. It only re mains to give them a government and laws which wid encourage industry, and secure to them the rewards of their exertions. The importance of some form of Government cannot be too much insisted upon. The earliest effects will be to diminish the causes and occasions for hostilities among the tribes, to inspire an interest in the observance of laws to which they will have themselves assented, and to multiply the securities of property, and the motives for self-improvement Intimately connected with this subject. is the establishment of the military defen ces recommended by the Secretary of W ar, whicn have been already referred to. Without them, tha Government will be powerless to redeem its pledgss of pro.o,..;-.. .u Indians, against tho numerous warlike triors mui suiTounu them, and to provide for the safety of the frontier settlers of the bordering States. The case of the Seminoles constitutes at present the only exception to the successful efforts of the Govrument to remove the Indians to the homes assigned them west of the Mississippi. Four hundred of this tribe emigrated in 183 3, and fifteen hundred in 18 .7 and 18.8, leaving in the country, is is supposed, about 2 )00 Indians The conticued treacherous conduct of this people, the savage and unprovoked murders they have lately committed, butchering whole families of the settlers of the tenitory; without distinction of age or sex,& making their way into the very centre and heart of the country, so that no part of it isfree fiom'their ravagesjtheir frequent attacks on the light houses along that dangerous coasljand the passengers and crcw3 of such vessels as have been wrecked upon the reefs and keys which border the Gulf leave the Government no alternative but to continue, the military operations against them, until they are totally expelled from Florida. There aro other motives which would urge the Government to pursue this course towards the Seminoles. The United States have fulfilled in good faith all their treaty stipulations with Indian tribes -uu ua. e- iu every otncr instance, insisted

.j .,i.am.c, insisted I tional Treasury fnr .t, " e . " !-f ot -heir .Mit,.,h. .MiS "'U.!T

upon a u k

tions. To relax from this salutary rule because the Seminoles have maintained themselves so long in the territory they relinquished, and in defiance of their frequent and solemn engagements, Mill continue to wage a ruthless war against the United Stales, 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 there is but little to be gained by ihe march of armies through a country so intersected with inaccessiale swamps and marshes, and which from the fatal cbaraeter of the climate, must be abandoned at the end of winter. I recommed therefore, to your attention the plan submitted by the Secretaty of War inthe accompanying report, for the permanent occupation of the portion of the territory freed from the In

dians, and the more efficient protection of the people of Florida from their inhuman warfare. From the report of the Secretary of ihe Navy, herewith transmitted, it will appear that a large portion of the disposable naval force is either actively employed, or in a state of preparation for the purpose of experience and discipline and the protection of our commerce. So effectually has been this protection, that so far as the information of Government extends, not a single outrage has been attempted on a vessel carrying the flag of the United States, within the present year, in any quarter, however distant or exposed. The Exploring Expedition sailed from Norfolk on the 19th of August last; and information has been received of its safe arrival at the island of Madeira. The best spirits animates the officers and crews, and there is every reason to anticipte.from its efforts, results beneficial to commerce and honorable to the nation. It will also be seen that no reduction of the force now in commission is contemplated. The unsettled stale of a portion of South America, renders it indispensable that our commerce should receive protection in that quarter; the vast and increasing interest to the Indian and China seas, in the whale fisheiies of the Pacific ocean, and in the Gulf of Mexico, require equal attention to their safety; and a small .quadron may be employed to great advantage on our Atlantic (.oast, in meeting sudden demands for the reinforcement of other stations, in aiding merchant vessels in distress, in affording active service to an additional number of officers, and in visiting the diflarent ports of the United Stales, an accurate knowledge of which is obviouslj of the highest importance. The attention of Congress is respectfully called to that portion of th ropnrt recommending an increase in lha number nf smaller vessels, and in other suggestions contained in that document. The rapid increase and wide expansion of our commerce, which is every day seeking new avenues, of profitable adventure; the absolute necessity of a naval force for its protection precisely in the degree of its extension; a due regard to Hie national rights and honor; the recollection of its former exploits, and the anticipation of its future triumph whenever an opportunity presents itself, which wamay lighifully indulge from the experience of the 11 . i past; all seem to point to the navy as a most efficient arm of our national defence and an appropriate object of legislative encouragement. i'hc progress and condition of the Post Office Department will be seen by refer ence to the report of the Postmaster General. The extent of the roads, covered by mail contracts, is slated lo be I'l 1,8 1 3 and the annual transportation upon them iM,58 V-102 miles. The number of pest offices in the United States is 12,553, and rapidly increasing. The gross revenue of the year ending on the 30th of June last, was 4,23:2,151 0): The accruing expenditures $020,05 S 0 ; excess of expenditures, 117,9230.). This has been made up out of the surplus previously on hand. The cash on hand on the 1st inst, was S3,1G5,00. The revenue for the year ending in June .'0, 1838, was 8H1,5!0 more than that for the year ending June 3J, 137. The expenditures of the department had been granted upon the anticipation of a largely increased revenue. A moderate curtailment of mail service consequently became necessary, and has effected, to shield tha department afranist the danoer of embarrassment. I revenue is now improving, amd it will soon resume its onward course in the march of improvement Your particular attention is requested to so much of the Postmaster General's report as relates to the transportation of mails upon rail roads. The laws on that subject do not seem adequate lo secure that service, now become almost essential tc the public interests, and at the same time protect the department from combinations and unreasonable demands. Nor can I too earnestly request your attention to the necessity of providing a more secure building for this department. The danger of destruction to which its important books and papers are continually exposed, as well as frtm that of others in the vicinity c-lh loudly for prompt action. Your attention is nenin earnpatlv invi ted to the suggestions and recommendations submitted at the last session, in respect to the District of Columbia. I feel it my duty, also, to brinr to vonr notice certain proceedings it law which have recently been prosecuted in thi Dis trict, ,n the name of the U. States on the relation of Messrs. Stocton and Stake., of the state of Maryland, against the Post.a.kei general, and which have resulted III wic paymrnt of money out of the a. tional u jujuui-iii, un

judicial compulsion exercised by the common law writ of mandamus, issued ly

the circuit court cf the District. The facts of the case, and the pro,::.-! of ihe proceedings will be found fully stated in the report of the decision; and any additional information which you may desire, will he supplied by the proper department. No interference in this particularcase is contemplated. The money has been paid; the claims of prosecutors have been satisfied; and the subject so far as they are concerned, is finally disposed ol; but il is on the supposition that the ca.e may be regarded as an authoritative exposition of the la;v as it now stands, that I have thought it necessary to present it lo your consideration. The object of the application to the Cir cuit court was to compel the Postm. s:r General to carry into effect an award made by the solicitor of the Treasury under a special act nf Congress for the settlement of certain claims of the relators on the Post Office Department, whuh award l!. Postmaster General declined to accept m full until he fchould receive further legii-l.t-tivc direction on the subject. If ihe i!utimposed upon the Postmaster (t ner-!. by that law, was to be regarded as outf of ai, official nature belonging to his office as ; Branch of the Executive, ihen it is obxi ous that the constitutional competency rf the Judiciary to direct and control him ia its discharge, was iwces.'arilr drau.iiu question. And if the duty so imposed on the Postmaster General was lo ho ro:i jidered a merely ministerial, and not c.xreuuvc it yet remained to be phowu th.ii th Circuit Court of this district and authority to interfere by mandaraus;t:eh a power havirv never before been asstried or claimed b that court. AVith a view to the t ettlcmti.i of these important questions, the judgement of the circuit court w as carried, br a writ of error, to the supreme Court of the United States. In the opinion of that tribunal, the duty impost. I on the Postmaster General, was nototFiein! executive duty, but one of a mendv uiini-Heri.il nature. The grave constitutional quest. onwhich have been discussed, weie, therefor?, excluded from ihe decision of i!. case; the court indeed, expressly admii'.r i that, with powers and duties properly belonging to the Executive, no nth-r depart ment can interfere by ihe w rit of mandamus; a.ud the question, thereferc, result ed itself into this: Has congress conferred upon the circuit court of this District the power to isui such a writ to an officer of tlio General Government, commanding him lo i rfortn a ministerial act? A innjoiry of the Court have decide 1 that i'. has, hut l,:ie founded their decision up n a pm-fta .f reasoning, which in inv judgement, renders further legislative provision i 1 1 ! n j t r . -sable to the public interests a::d the equal administration of jus'.ije. It has ainctt been decided by the S i; ;c:;.o Court, that neither that tribunal nor tim Circuit Courts of ihe United State, p .-sc-ss the power in nurstion; !..; it i- i.or held that this power, denied to 1 ot.'i of these high tribunals, (to ihwt farmer bv tin Constitution, and lo the l-t'.cr by L'u.igrcss,) has b.?en, by it. legislation, tested in the Circuit Court of this District. . n such direct grant of power ta lb? Circuit Court of this District is claimed, but i has been held to rrsnlt, bv neecssarv wr, plication, from several sections of ti e law establishing the court. One t' these sections declares, that ihr laws nf Maryland cs they existed at the time of;;- --si :. should be in force in that part of tho !);sui-'t ceded by that State; and Ly the provision, tho co.T-mon low, in civil and criminal eases, ss it prevailed in Maryland iu 1801, was established in that part of the District. In England, ths Court of King's Bcnch; because the Sovereign, who according to the iheery of the constitution, is the fountain of justice, originally sal there in person, and is still deemed to be present in construction of 1 w alone possesses the high power of issuing the mandamus, not only to inferior jurisdictions and corporations, but also to magistrate and other, com manding them, in the King's name, to do what their duly requires, in '. where is a vested right, atid iij cth?r specific remedy. It has been held, in the case referred to. that as the Supreme Court of ihe United States, is, by the constitution, rendered inoompeteut to exercise this p wer, and the Circuit Cout of this District is a couit of general jurisdiction in case at eomuvm law and the highest court of orie-in;.! juris diction in the District, ihe right to i;st, the writ of mandamus is incident to itcommon law powers. Another ground relied upon to i.-uint .hi the power in quesiion, is. that it wai included, by the fair cor.s'.ruei'uin, in thpower it granted to the ri.vuit courts cf United States, by the act "to provide f r the more convenient organization of th ; courts of th'j United Si.tes," passed 1 ?th of February. 1801; that the act est.-.hliah ing the circuit court of this l)ilnet, p.sed the 27th day of February . -M, conferred upon that court and tho judges thercol, the same powers as wtre by law vested in the circuit courts of tho Unifd States and in the judge of ths said courts; that the repeal of the first mentioned art. which took place in the next year, did nol divest the circuit of this District of the authority in dispute, but left it still clothed with powers over the subject in which it is conceded, were taken away from thcr circuit courts of ihe United States by tha the repeal of the act of February J3:h, 1801. Admitting that the adoption of ihe Iaws of Maryland for a portion of ibis Distric confers on the circuit court thereof, in that portion, the trascendant extra jtni'ici si prerogitive powers of the Court of Kin g'