Norwalk Gazette, Wednesday, December 12, 1838 · page 2

 

 

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laws ofthe United States, to the introduction ofan
irredeemable paper 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 continue in the same
safe cotirse, and be content in their apropriate
sphere, to avoid all interference with the Gen-
eral Government, and to derive from it all the
protection and benefits which it bestows on other
State establishments, on the people of the State
and on the States themselves. In this, their true
position, they cannot but secure the confidence
and goodwill, of the people and the Government,
which they can only lose when, leaping from
their legitmate sphere, they attempt to control
the legislation of the country, and pervert the
operations of the Government to their own
purposes.

Our experience under the act passed at the
last. session, to grant pre-emption rights to settlers
‘on the public lands, has yet been too limited
to_ enable us to pronounce with safety upon the
efficacy ofits provisions to carry out the wise
and liberal policy ofthe Governmentinthat re-
spect. There is, however, the best reason to
anticipate favorable results from its operation.
The recommendations formerly submitted to you,
in respect to agraduation of the price of the
public lands, remain to be finally actedupon.—
Having: found no reason to change the views then
expressed, your attention to them is again re-
spectfully reqtiested. __

Every proper exertion has been made, and
will be continued, to carry out the wishes of
Congress in relation to the tobacco trade, as
indicated in the several resolutions ofthe House
of Represenatives and the legislation of the
two branches. A favorable impression lias,I
trust, been made in the different foreign countries
to which particular B.il'_‘l:l.lOn has been direct-
ed, and although we cannot hope for an" early
change in their policy, as in many of ihein ii
convenient and large revenue is derived from
monopolies ii: the fabrication and sale of this
article, yet. as these monopolies are really in-
jurious to the people where they are established.
and the revenues derived from :liciii may be
less irijuriously and with equal facility obtained
from another and a liberal system of2idriiiuis-

‘ traiion, we cannot ‘doubt that our efforts will be

eventually crowned with success, if persisted in
with temperate firmness. and supported by pru-
dent legislation.

_ In recommending to Congress the adoption of
the necessary provisions at this session for taking
the next census, or enumeration of the inhabi-
tants of the United States. the suggestion pre-
sents itself whether the scope of the measure
might not be usefully extended by causing it to
embrace authentic statistical returns of the great
inicresis specially entrusted to, or necessarily
affected by, the legislation of Congress.

The accompanying report ofthe Secretary of
“far presents a satisfactory account of the state
of the army and of the several branciies of the
public service confided to the superiutendence of
that oflicer.

The law increasing and organizing the mili-
tary establishment of the U. States has been
nearly carried into effect, and the army has
been extensively and usefully employed during
the past season.

I would again call to your notice the subjects
connected with and essential to the militarv de-
fences of the country, which were submitfed to
you at the last session: but which were not act-
ed upon, as is supposed for wantof time. The
most important of them is he organization of the
militia on the maritime and inland frontiers.--
This measure is deemed important. as it is be-
lieved that it will furnish an effective volunteer
force in aid of the regular army, and may form
the basis for a general system oforganizaiion for
the entire militia of the U..States. The erec-
tion ofs national foundry and gunpowder manu-
tory, and one for making small arms, the latter
to be situated at some point west of the Alle-
gaizy mountains, all appear to be ofsuflicient im-
portance to be again urged upon your attention.

The plan proposed by the Secretary of \Var
for the distribution of the forces ofthe U. States

in time of peace, is well calculated to promote
regularit and economy in the fiscal administra-
tion of 1 ie service, to preserve the discipline of
the troops, and render them available for the
maintenance ofthe peace and tranquility ofthe
country. \Vith this view, likewise, I recom-
mend the adoption ofthe plan presented by that
ofiicer for the defence of the Western frontier.
The preservation ofthe lives and property of our
fellow citizens who are settled upon that border
country, as well esthe existence of the Indian
population which might be tempted by our want
of preparation to rush on their own destruction
and attack the white settlements, all seem to re-
quire thatthis subject should be acted upon wiili-
outdelay, and the \Var Department authorized
to place that country in a slate of complete de-
fence against any assault from the numerous and
warlike tribes which are congregated on that bor-
der.

It aflbrds me the sincerest pleasure to be able
to apprize you of the entire removal of the
Cherokee nation oflndians to their new homes
west ofthe Mississippi. The measures authoriz-
ed by Congress at its last session with a view to
the long standing controversy with them, have
bad the happiest effects. By an agreement con.

cluded with them by the cbinmaiiding general
in that country, who has performed the duties
assignedto him on the occasion with commenda-
ble energy and humanity, their removal has.
been principally under the conduct of their own
chiefs, and they have emigrated without any ap-
parent reluctance.

The successful accomplishment of this im-
portant ooject; the removal. also, .,f me came
Creek nation, with the exception ofa small num.
ber of fugitives amongst the Seminoles in Flori-
da; the progress already made towards a speedy
completion of the removal .of the Chickasaws,
the Cliociayvs. the Pouawaiamies. the Oiiawas,
and. the (.hipp.ewas, with the extensive pur-
chases oflndiaii lands during the past year, have
Tenderell the speedy and successful result ofthe
long eslflbllshed policy of the government upon
the subject of Indian affairs entirely certain.
The occasion is, therefore. deemed a proper one
to place this policy in such a point of view as
will exonerate the government ofthe U. States]
from the undeserved reproach which has been
cast. upon it through several successive adminis-
lralions. That a mixed occupancy of the same
lerr_t|ory. by the white and red man, is incom-

patible with the happiness or safety of eiilier, is
a position in respect to which there has long since
ceased to be room for difference of opiuiou.—
Ileason and experience have alike demonstrated
its impracticabiliiv. The bitter fruits of every
attempt heretofore to overcome the barriers inter-
posed bY_m“Ufe. have only been destruction,
both libysicel and moral, to the Indian; danger-
ous contjhcis of auihoriiy between the Federal
and State governinenis; anti detriment to the
individual prosperity ofthe citizen, asweu as ,0
the general improvement ofthe country. The
remedial policy, the principles of which were
settled more than thirty years ago, under the ad-
ministration of Mr. Jefferson. consists in an ex-
tinction for a. fair consideration, of the title to all
the lands Sllll occupied by the Indians within
the states and territories ofthe U, Slates ; their
removal to the country west of the Mississippi.
much more extensive. and better adapted to
their condition. than that on which they then re-
sided : the guarantee to them, by the U. States,

Of their exclusive possession of tl,i.:rtg:ou,ntry for-J

ever, exempt from all intrusions by white men,
with ample provisions for their security against
external violence and internal dissensions, and
the extension to them of suitable facilities for
their advancement in civilization. tfliis has
not been the policy of particular administrations
only, but of each in succession since the first at-
iernpi to carry it out under that of Mr. Monroe.
All liuve labored for its accomplishment, only
with different degrees ofsucccss. The manner
of its c:.P(:utlt)n has, it is iriie, from time to time,
given rise to conflicts of opinion and nnjiist irri-
putaiious; but in respect to the wisdom and tie-
cessity of the policy itself, there has not, from
the beginning. existed a doubt in the riiind of
any calm, judicious, disinterested friend 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
contracted with, it was hardly to be expected
that the dealings of the Federal Government
with the Indian tribes would escape misrepre-
sentation. That there occurred in the early set-
tleiiient of this country, as in all others where
the civilized race has succeeded to the posses-
sions of the savage, instances of oppression and
fraud on the partofthe former, there is too much
reason to believe. No such offences can, liow-
ever, be justly charged tipoii this government
since it beoauie free ‘.0 pursue its own course.
Its dealings with the Indian tribes have been
just and friendly tbroiighoiii : its efforts for their
civilization constant, and directed by the best
feelings ofhumaniiy; its watchfulness in protect-
ing them froni iiidividunl frauds unreiiiiiting; its
forbearance under the keenest provocatioos, the
deepest injuries, and the most flagrant outrages,
may challenge at least a comparison with any
nation, ancient or modern, in similar circum-
stances ; and if in future times a powerful.
civilized, and happy nation of Indians shall be
found to exist witliiu the limits of the northern
continent, it will be owing to the consummation
of that policy which has been so uniuslly as-
sailed. Only a very brief reference to facts in
confirmation ofthis assertion can in this form be
given, and you are, therefore, necessarily refer-
red to the report of the Seer-.-tary of \-Var for
further details. To the Cherokees, whose case
has perhaps excited the greatest share of atten-
lion and sympathy, the U. States have granted
in fee, with a perpetual guaranty of exclusive
and peaceable possession, 13,554,135 acres of
land, on the west side of the Mississippi, eligi-
bly situated, in a healihv climate, and in all re-
spects b.-iter suited to their condiiioii than the
country they have left, in exchange for only
9,492,160 acres on the east side of the sauie
river. The U. States have in addition stipulat-
ed to pay them five niilliou six hundred tlion-
sand dollars for their interest in improvements
on the lands thus relinquished, and one million
one hundred and sixty thousand dollars for sub-
sistence and other beneficial purposes ; thereby
pulling it in their power to become one of the
most wealthy and independent separate com-
iiiunilies, ofthe same extent. in the world.

By the treaties made and ratified with the
Miamies, the Chippewas, the Sioux, the Sacs
and Foxes, and the \Vinnebagoes, 'during the
last year, the Indian title to eighteen millions
four hundred and fifty-eight thousand acres has
been extinguished. These purchases have been
much more extensive than those of any previous
year, and have, with other Indian expenses.
borne very heavily upon the Treasury. They
leave. however, but asmsllqnanity of unbought
Indian lands wiiliin the states and territories;
and the legislature and executive were equally
sensible of the propriety of a final and more
speedy extinction of Indian titles within these
liniiis. The treaties which were, with a single
exception, made in pursuance of previous ap-
propriations for defraying the expenses, have
subsequently been ratified by the Senate, and
received the sanction of Congress by the appro-
priations necessary to carry iliein into effect.-
Of the terms upon which these important ne-
gociaiions were concluded, I can speak from di-
rect knowledge; and I feel no difficulty in
affirniiiig that the interest ofthe Indians in the
extensive territory embraced by them, is to be
paid for at its fair value, and that no more favora-
ble terms have been granted to the U. States
than would have been reasonably expected in a
negocialion willi civilized men, fully capable of
appreciating and protecting their own rights.
For ilie Indian title to 116,349,897 acres acquir-
ed. since the 4th of March, 1829, the U, States
have paid $72,460,056, in permanent annuities,
lands, reservations for Indians, expenses of re-
moval and subsistence, merchandise, mechani-
cal aiid agricultural establisliments. and imple-
ments. VVheu the heavy expenses incurred by
the U. States, and the circumstance that so large
a portion ofthe entire territory will be forever tin-
saleable, are considered, and this price is com-
pared with iliat for which the U. States sell their
own lands, no one can doubt that justice has
been done to the Indians in these purchases
also. Certain it is, that the transactions ofthe
Federal Government with the Indians have been
uniforriily characterized by a sincere and para-
rnouni desire to promote their welfare; and it
must be a source of the highest gratification to
every friend to justice and humanity to learn
that, notwitlisanding the obstructions from time
to time tlyown in its way, and the difliculties
which have arisen from the peculiar and imprac-
ticable nature ofthe Indian cliaracter, the wise,
humane, and urideviating policy of the govern-
ment in this, the most dillicult of all our rela-
tions. foreign or domestic, has at length been
justified to the world in its near approach to a
happy and certain consunimniion,

The condition of the tribes which occupy the
country set apart for them in the VVcst, is high-
ly prosperous, and encourage the hope of their
early civilization. They have, furilie most part,
abandoned the hunter stale, and turned their at-
tention to agricultural pursuits. Al_l those who
have li,ecn established for any length of time in
that fertile region, maintain Lheiiisclves by their
own industry, There are among them traders
of no inconsiderablc capital, and planters ex-
porting cotton to some exieiit; but the greater
number are small agriculturisis, living in com-
fort, upon the produce of their farms. The re-
cent emigrants, although they have in some iii-
stances removed reluctantly, have readily ac-
quiesced in their unavoidable destiny. They
have found at once a recompense for past suffer-
ings, and an incentive to industrious habits, in
the abundance and comforts around iliem. There
is reason to believe that all these tribes are
friendly in their feelings towards the U. States;
and it is to be hoped that the acquisition of indi-
vidual wcalih, the pursuits of agriculture. and
habits of industry, will gradually subdue their
W:il'llliC propensities, and iricliue tliein to main-
tain peace among iliciiisclves. To effect iliis de-
sirable object, the atientioii of Congress is solici-
tude to the measures recoriiiiiciided by the Sec-
retary _of War for their future government and
protection, as well from each other as from ilic
ll051}l|W of the warlike tribes around ilierii, and
the intrusions of whites. 'l‘he policy ofthe go-
vernmcnt has given them a permanent home,
and guaraniied to them its peaceful and undis-
turbed possession. It only remains to give them

laws towliich they will have themselves assent-
ed, and to multiply the securities of properly,
and the motives for selfimprovemeni. Intimate-
ly connected with this subject, is the establish-
ment of ilie military defences recommended by
the Secretary of War, which have been already
referred 10. Without them, the government
will be powerless to redeem its pledges of pro-
tection to the emigrating Indians against the
numerous warlike tribes that surround them.
"anti to provide for the safety of the frontier set-
tlers of the bordering States.

The caseofiheSeniinolesconstitutes atpresent
the only exception to Ilie successful cffbrts of the
government to reriiove the Indians to the homes
assigiiotl them west of the Mississippi. Four
hundred oftliis tribe emigratetl in 18136. and 5f"
teen hundred in 1837 and 1838, leaving in the
country it is supposed, about 2.000 Indians.——
The continued treacherous conduct ofthcse peo-
ple; the savage and unprovoked murders they
havelatelycommitted,butcheringwhole families
ofthe settlers of the territory, without distinction
of age or sex, and iiizikiug their way into the
very centre and heart ofllie country so that no
part of it is free from their ravages; their fre-
quent aitncks on the light houses along that dan-
gerous coast; and the bzirbariiy with which they
have murdered the passengers and crews ofsuch
vessels as have been wrecked upon the reefs and
keys which border the gulf, leave the govern-
ment no alternaiive butto continue the military
operations against them until they are totally ex-
pelled from Florida.

There are ollier motives which would urge.
the government to pursue this course towards the
Seminoles. The U. States have fulfilled in
good faith all their treaty stipulations with the
Iiidiau tribes, and have in every other instance,
insisted upon a like performance oftlieir obliga-
tions. To relax frorii this salutary rule because
the Seminoles have maintained themselves so
long in the territory they had relinquislied, and,
in defiance oftlieir frequent and solemn engage-
ments. still continue to wage a ruthless war
against the U. States, would not only evince a
want of constancy on our part, lint be of evil ex-
ample in ourintercourse with oiheriribcs. Ex-
perience has shown that but‘little is to he gained
by the march of armies tlirotigli :1 country so in-
terseeted with inaccessible swamps and marshes,
and which, from the fatal character of the cli-
mate, intist be abandoned at the end of the win-
ier. I recommend, therefore. to your attention,
the plan submitted by the Secretary of \Var in
the accompaiiying report, for the permanent oc-
cupation of the portion of the Territory freed
from the Indians, and the more efficient protec-
iion ofilie people of Florida from their inhuman
warfare.

From the report ofthe Secretary of the Navy,
hcrewiili communicated, it will appear that a
large portion of the disposable naval force is
eiiliersiciively employed, or in a state of prepara-
IIOII for the purposes ofexpcrience and discipline,
and the protection of our commerce. So effect-
ual lias been this protection. that, so far as the
information of government extends, not a single
outrage has been attempted on a vessel carrying
ilie flag of the U. 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 spirit animates the officers
and crews, and there is every reason to antici-
pate, from its efforts. results beneficial to com-
merce and honorable to the nation.

It will also be seen that no reduction of the
force now in com mission is contemplated. The
unsettled state of a portion of South America
renders it indispensable that our commerce
should receive protection in thatquarler; the
vast and increasing interests embarked in the
trade ofthe Indian and China scan, in the whale
fisheries ofthe Pacific ocean, and in the Gulf of
Mexico, require equal attention to their safety ;
and a small squadron may be employed to great
advantage on our Atlantic coast, in meeting sud-
den demands for the reinforcement ofoilier sta-
tions, in aiding niercbaiit vessels in distress, in
affording active service to an additional number
of officers, and in visiting the different ports of
the U. States. an accurate knowledge of whicli
is obviously ofthe liighes: importance.

The attention of Congress is respectfully call-
ed iothat portion of the report recouimeuding an
increase in the number of smaller vessels, and
to 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 pre-
cisely in the degree of its extension; a this re-
gard to the national rights and honor; the re-
collection of its former exploits, and the anticipa-
tion of its future triumphs whenever opportuni-
ty presents itself, which we may right-
fully indulge from the experience ofthe past, all
seem to point to the navy as a mostefficient arm
of our national defence, and a proper object of
legislative encouragernent.

The progress and condition of the Post Office
Deparimeiit will be seen by reference to the re-
port of the Postiiiaster General. The extent of
post roads, covered by mail contracts. is stated to
be 134 818 miles, and the annual transportation
upon them 34,580,202. The number of post
offices in the U. States is 12,553 and rapidly in-
creasing. The gross revenue for the year ending
on the 30th day of June last, was $4,262,145.
The accruing expenditures, 354,680,068; excess
of expenditures, $417,923. This has been made
up out of the surplus previouslyon hand. The
cash on hand on the 1st instant, was $314,068.
The revenue for the year ending June 30, 1838,
was $261,540 more ilian that for the year ending
June 30,1837. The expenditures of the depart-
ment had been graduated upon the anticipation
of a largely increased revenue. A moderate
curtailment of mail services consequently be.-
carnc necessary, and has been effected, to shield
the department against the daiigerofembarrass-
iiient. Its reveiiue is now improving, and it
will soon resume its onward course iuthe march
of improvement.

Your particular attention is requested to so
much of the Post Master General’s report as re-
lates lo the transportation of the mails upon rail
roads. The laws on thatsubject do not seem ad-
equate to secure that service, now becouie almost
essential to ‘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 ofproviding a more secure build-
ing for thisdepartiiicnt, The dangerofdestruc-
lion to which its important books and papers are
coniinuiilly exposed, as well from the highly
combustible character of the building occupied
as from that ofotliers in the .vit-iuity, calls loudly
for prompt at.-tioii.

Your attention is again earnestly invited to ll‘e
suggestions and recoiiimeutlalions siibinitlctl at
the last session in respect to the District of Cu-
lurribia.

I feel it my duty, also, to bring to your notice
certain proceedings at law which have recently
been prosecuted in this District, in the name of
the U. States, on the relation of‘ Messrs. Stock-
ion and Stokes, ofthe State ofMarylaiid, against

a govemiiient and laws which will encourage iii-
dllslry. and secure to them ilic rewards of their
exertions. The importance of some form of go-

yprniiiciiccannot be too iriucli insisted upon.-—
lhe earliest effects will be 1:) diminish the
causes and occasioiis for hostilities among the
tribes, to iiispire an interest in the observance (f

the Postmaster General, and wliicli have result-
ed in the payment of money out ofthe National
Treasury, for the hrst time since the establish-
ment of the Goveinmeiit. byjudicial coriipulsioii
exercised by the coiiimou law writ of manda-
mus, issued by the circuit court of Iliis District.

The facts of the case, and the grounds ofthe

‘:'2 

proceedings, will be found fully stated in the re-
port of the decision ; and any additional informa-
tion which you may desire will be supplied by
the proper department. No interference in the
particular case is contemplated. The money
has been paid; the claims of the prosecutors
have been satisfied; and the whole subject, so
far as they are concerned, is finally disposed of;
but it is on the supposition that the case may be
regarded as an authoritative exposition ofthe law
as it now siarids, that I have thought it necessa-
ry to present it to your consideration. _

The olrject of the application to the ('ll‘CUll
court was to compel the Poslrnustcr General to
carrv into effect an award made by the Solicitor
ofllfe Treasury. under a special act of Congress
for the settlement of certain claims of the rela-
tors on the Postmaster General declined to exe-
cute in full. until he should receive further legis-
lative direction on the subject. If the dutyini-
posed on the Postmaster Ganeral, by that law,
was :0 be regarded as one of an official nature,
belonging to his office as a branch of the Execu-
tive, then it is obvious that the constitutional
competency of the Judiciary to direct and cori-
trol liiiii in its discharge, was necessarily drawn
in question. And if the duly so imposed on the
Postmaster General was to be considered as
merely ministerial, and not executive, it yet re-
mained to be shown that the circuit court of this
district had authority to interfere by mandanius—-
such a power having never before been asserted
or claimed by that court. Willi a view to the
settlement of these importantquestioiis, tliejndg-
merit of the circuit court was carried. by a writ
of error to the Supreme Court ofthe U. States.
In the opinion of that tribunal, the duty imposed
on the Postmaster General was not an official,
executive duty, 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,
indeeed, expressly admitting iliat, with powers
and duties properly belonging to the Executive.
no other department can interfere by the writ of
mandamus; and the questiomtherefore, resolved
itself into this: Has Congress conferred upon the
circuit court of this District the power to issue
such a writ to an offic-er ofthe General Govern-
ment, commanding him to peiforni a ministerial
act? A majority of the court have decided that
it lias,but huve founded their decision upon a
process of reasoning which, in iriy judgment,
renders furlherlegislative provision indispensa-
ble to the public interests and the equal adminis-
traiion.ofjustice.

It has long since been decided by the Supreme
Courl,tliat iieiilier that tribunal nor the circuit
courts of the U. States held within the respec-
tive states, possess the power in quesiiori; but it
is now held that this power, denied to both of
these high tribunals, (to the former by the Con-
stitution, and ioihe latter by Congress.) has been.
by its legislation. vested in the circuit court of
this District. No such direct grant of power to
ilie circuit court of this District isclaimed; but
it has been held to result, by necessary implica-
tion, from several seciionsof the law establish-
ing ihe court. One of these sections declares,
that the laws of Maryland, as they existed at the
time of 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 established in that part ofthe District.

In England, the Court of King‘s Bencli—be-
cause the sovereign, who, accordingio the theory
of the Constitution, is the fountain ofjustice,
originally set therein person, and is still deemed
to be present. in construction oflaw-—alone pos-
sesses the high power of issuingtlie writ of man-
damus, not only to inferiorjurisdictions and cor-
porations, but also to magistrates and others,
commanding them, in the King's namo,to do
what their duty requires, in cases where there is
a vested right, and no other specific remedy. It
'nas been held, in the case referred to, that, as the
Supreme Court of the U. States is, by the Con-
stitution, rendered incompetent to exercise this
power, and as the circuit court of this District is
a court of generaljurisdiciion in cases at coni-
mon law, and the highest court of originaljuris-
diction in the District, the right to issue the writ
of mandamus is incident to its common law pow-
ers. Anoiher 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 ofilie U. States, by thcact ." to pro-
vide for the more convenient organization of the
courts of the U. States,” passed 13th February,
1801; that the act establishing the circuit court
of this District, passed the 27ili February,1801,
conferred upon that court anti the judges thereof
ilie same powers as were by law vested in the
circuit courts of the U. States and in the judges
of the said courts; that the repeal of the first
mentioned act, which took place in the next year,
did not divest the circuit court of this District of
the authority in dispute, but left it still clothed
with the powers over the subject which, it is con»
ceded, were laken away from the circuit courts
of the U. States by the repeal ofthe act of 13th
February, 180].

Admitting that the adoption of the laws of
Maryland for a portion oflliis District coriferson
the circuit court thereof, in that portion, the
transcendentextra-judicial prerogative powers of
the Court of King's Bench, in England, or that
either of the acts of Congress, by necessary im-
plication, authorize the former court to issue a
writ of mandamus to an officer of the U. States,
to compel him to perform a ministerial duty, the
consequences are. in one respect, the same. The
result in eiifier case is, that the officers ofthe U.
States. stationed in different parts ofthe U. States,
are. in respect to the performance ofthoiroflicial
duties, subject to different laws and a different
supervision: those in the States to one rnle,and
those in the District of Columbia 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.

VVhatever difference of opinion may exist as
to the expediency of vesting such 8 power in the
judiciary, in a system of Governnient constitut-
ed like that of the U. States, all mustagree that
these disparaging discrepancies in the law and
in the administration ofjustice ought not to be
pcrrnitted to continue; and as Congress alone
can provide the remedy, the subject is unavoid-
ably presented to your consideration.

M. VAN Bnnun.
l'Vu_s/Linglon, December 3, 1838.

The “ Fiscal Agent."—Kiss and be Friends.
Noticing the new relation which the Administra-
tion has assumed towards ‘Biddle and the Bank,’
the Memphis (Tenn.) Inquirer says :—Our pat-
ent Democratic Government is putting and
wooing “ the M'onslcr.” VVliat! the Government
making arrangements with Mr. Biddle to pay
its Treasury Drafts‘! Well, well, these times is
curious.

Acconiniadalion lo Travcllci's.— The New Ha-
ven and Hartford Railroad, as far as completed,
viz, 18 miles out of New Haven, opens to day.
There are 1-00 passengers daily on that roiite.——
Passengcrs leaving Hartford at 6 A. M. will now
reach New York, at 4 P. M. The freight cars are
in operation, and all go full.

 

To the Poz'nz.—At the dinner given to Sena-
tor Tallmadge, on Friday last, the Senator clos--
ed an eloquentqspeech by the following senti-
rnent:—" Uncompromising "hostility to the re-
clcclion of Martin Van Buren.” There is no
non-commitlial here:-N. Y. Com.

y—}

\.\'\ .\‘ . .-..




Q

 

li\‘l©F£‘l/‘if./NJ @-AZ|E'.‘1T"TE..
“ i)oN"1‘ Givi-: U1’ '.I‘HE siiir.”

‘WEDNESDAY. Drzoiaiinun 12. 1838.

Tim Mi:ssAci»:.—\Ve intended to have for-
uislietl our readers with an abstract of thislong-
winded document, accoiiipauied with such re-

its unconscionable length, and the press of other
more interesting news which has crowded upon
us since its reception, compel us to be very brief
in our notice of it.

There is a very striking difference between
ilietone of this message and the last. A year
ago, Mr.Van Buren appeared to consider the peo-
ple in his hands. Now he writes asifliefcll him-
selfto be in theirs. There is a wonderful change
in his deportment——and his improved courtesy
of sentiment, as well as of expression, is very
remarkable. Although it is now settledbeyond
a doubt, that " New York's favorite son” is a
spoiled child, yet, like the prodigal son of old, he
manifests an ill-concealed disgust for t.lie husks
upon whicl: his own misconduct has doomed him
to feed. He still bankers after the condition of
that “good,casy man,” which be imagined him-
self a year ago, and wonders that he could ever
have been considered a Loco Foco. He com-
plinienis the Banks upon the honorable and pat;
riotic eotirse which they have taken to relieve
the country from its pecuniary enibarrassmciits—
‘and concludes, upon the whole, that he entertains
no hostility, personal or oliicial, to these indis-
pensable aids to the mercantile and manufactur-
ing interesls of the iialion.

He is not quite i"ezidy to give up ilie Sub-
Treasnry Scheme, although the tone of his re-
marks upon that subject, plainly indicales his
conviction of the unpopularity of the measure
with the people. He regrets extremely that the
Treasury is in such a condition that the postpon-
ed instalment due to the States of the celebrated
surplus revenue fund. cannot yet be paid over;
and, in consideration of the very exhausted slate
ofthe national finances, hopes that Congress wil]
be very econoniicnl in their appropriations for
the ensuing year. The Government expenses
for the current yearare estimated at $10,000,000,
(only $28,000,000 more than John Quincy Ad-
ams was censured for expending ) and for the
year to come, the President thinks it will be hard
work to make both ends meet.

As ip duty bound, “ to follow in the steps of
his illustrious predecessor," he gives a kick at
the defunct U. _S. -Bank, at the same time that
lie is coquctting with its late President. Our
foreign relations he represents, on the wl_iol,e_, as
in a very satisfactory conili;ion_.

On the subject of slavery and abolition he is
entirely silent. But we have already extended
our remarks beyond the space allotted for them,
"and must postpone our comments upon otlierim-.
porlanl topics touched on in the message —
On the whole, its perusal has nlliirded us more
szitisfar:tiori than we anticipated. It is not what
it should have been, though it is better than it
might have been. There is no doubt but iliat
the recent election in New York has given quite
a tinge to Hr. Van Bureu’s " subcr second
thoughts.”

 

TOWN l\Ir.-r:'i'1i\'c.—It is never a pleasant bu-
siness to censure the conduct of our political
friends, and expose their mismanagement to the
View of the public. But if there ever was an
occasion which called for the reprobation and re-
buke ofthe public press, it was the conduct ofthe
\Vhigs ofihis town in relation to their recent town
rnecting. And ifthey will persist in letting others
think for them, instead (lfllllnlilngll)l'lll(!l1]Sel\'eS,
we venture to predict, that in less than three
years their majority of 200 will dwindle into a
minority.

Our Town Officers have always been elected
by nomination antl the show of hands, as it is
termed. For years, however, a large majority
of tlieindependent electors of this town, have
been disposed to ab_olis_l_i this old Federal custom,
and elect by ballot. Lastyear a resolution was
adopted in town meeting, that our selectmen and
constables should hereafter be elected by ballot.
Well, in compliance with the expressed wishes
of many political friends, a nieeiing was called
on the evening of the 29th tilt. for the purpose
of nominaiingaticket. This meeting assem-
bled,and concluded that it was _ine,i:pedienl to
make any rzoziiination l l The result may easily
be iiiiagine,d-—-the first inoiion that was made at
the town meeting, was a motion to rescind
the vote of last _y,ear—.-and to Choose 0111‘
officers again, according to ilze old method,
This nioiion wa_,_s adopt-

by nomination.
incumbents were re-elect-

ed—and the old
ed, with the ext-ep:ion of one, who declin-
ed a re-election. We have nothing to say
against the officers who were t-lccied. Foraught
that we know, they would have beer: the very
mer: whom the Whigs would have nominated,
at the preliminary meeting,if such a course had
been adopted. But, in the name _of all that i_s
Democratic, we do protest againstthe perpetua-
tion of this only relic of the old Federal ‘.' stand-
up law.” We do insist upon the use of the
ballot-box in the eleciioii of every public officer.
And we consider it the height .of folly, thus in-
consider-azely to abandon a principle for which we

have so long been contending. But the want of

marks as occurred to us during its perusal. But

room compels us to curtail our remarks. We 2 

only add that the conduct of the Whigs in this
matter, reminds us of the valorous exploit of thg ,-
old Gallic monarch: T

“ The king of France with forty thousand men. '‘ '

" Marelied up a hill, and then-—marchcd down
again I"

 

Tm: Piu:sioir:N'r’s SOLILOQUY.--The medi-
tations of Mr. Van Buren, about these days.
must be very congenial to those which Cardinal

Wolsey so feelingly expressesin his celebrated -
soliloquy in Sliakspeare’s “ King Henry VIII." 3

Indeed, we cannot recall an incident in the to-
mance of history so kindred to~the present con‘-
diiion of our doomed President. ~
Norl/mmberland may be imagined as address-
ing Mr. Van Buren in Ilie language of the peo-
ple; to which, the President repliesin the words
of Wblscy. Our readers will recognize the re-
cent NewYork election in the "killing post,” of
which he speaks; and the " princes’ favors’-’wil,l

doubtless remind them of the beuignant smiles ’

ofthe great King Andrew, in which, for ii time.
the Prince of Kiuderhook so complacently bask-
ed. .

“ NorlIi.um.bcr!aml. And so we'll leave you to
your meditations

How to live better. "' * * 9

So fare you well, my little good lord cardinal.

Wblscy. So farewell to the little good you hear
me, ,
Farewell. a long farewell, to all my greatness l__
This is the state of man: to-day he puts forth
The tender leaves of hope, to-morrow blossoms,
The third day comes a frost, a killing frost;

And, when he thinlis.good easy man, full surcly\ ll

His greatness is a ripening-—-nips his root,

And then he falls, as I do. I have ventured.
Like little wanton boys that swim on bladders,
This many summers in ii sea or glory;

But far beyond my depth; my high blown pride
At length broke umler inc; and now liasleft mo
* " * * * * to the mercy
Of a rude stream. that must forever hide me.
* * * * * Olil how wretched
Is that poor man. that hangs on priric-.-.9’ favorsl

I‘

There is betwixt that smile we would aspire to,

Tliaisweel n.-ipcct of princes, and their ruiri.- --

More pangs and fears than warsaud women have;
And when he falls, he falls like Lucifer,
Never to hope again I"

 

CONGRES. .

The Senate and House of Representatives,
were organized, as usual, on the 3d instiim, and
the President's Message was delivered at I2 o_-r
clock on Tuesday. On the third ballot. Mg,’
Garland of Virginia. (Loco-Foco,) brothcriiftlia
Conservative member from that State. was elect-
ed Clerk ofthe House by ii majority’ of two.-,\
ilc received the support of some 6 or 8 Camel‘-
vatives, and one Whig. Had there been a full
House, the xvili‘,-, candidate, Matthew St. Clair
Clarlrn wmilrl rlniilillnss have been elected.
Tn}; _. _' ‘. 5-’, r: . ’ "T. .-':‘;'-:~"=

‘N 1. . . - ; :. :1, , " use l,3lM."!'”.
Attorney for the Southern District of Ii. ‘fork.
has departed in the Liverpool, at “ short notice}!
He spent the evening previous to his sailing.witI;
the Collector, who had no knowledge of his in_
tentimi to visit foreign party, until after the 
vcrpool lied sailed. Rpm’?! 8.91/3 lb!!! M’
knows souietliing about certain private iipproprli
ations of the people's money. We shall probq.-,
bly know the truth of the matter, before long.

l‘,-4.2. ii,’ :. ‘mi
.

 

Since writing the ahovo,wo learn that .\l r. Pric
left a note for the Prcsitlerit of the U.S., in which
he resigned his ofiirc. and stated, that on in final
adjustment of his nccounis with the Govt-rnmoni,
he should be entirely acquitted of any intlcblml-
ncss to it. This note is published in the N. Y.
papers of Saturday. It is said that this Sub-
Treasurcr took off with him $250,000 in gait}
alone. llis sudden departure created a greqt
sensation in Wall street. It is stated that Mr.
Price made bets to the amount of 340,000! on
Gov. Marcy's re-election. (which he has paid in
full.) and that for the charter election. last spring.’
he gave his check for $10,000! Therein no
telling, as yet, the amount ofthe people's money .
which has been squandered by this Sub Trea-
surer alone. in eudcavoring to extend and par-
petuate the power of the present Executive‘.-—
It is also reported that heavy defalcaiions have
occurred at Albany: and that, men bigl: in office,
have suddenly "absquatulated," minus two
millions of dollars. And yet we suppose. the
President, and all his minions will makejuiit as
much ado, and cry out " Stop Thief" just 3;
food, as if they had known nothing at all about
the matter until this time! .

What with the revolutionary scenes at Her-
risburgb, and these Sub-Treasury developments,
together with the acknowledged bankruptcy of
the U. S. Treasury, one would think that the
denouemenl of Mr. Van Buren’s administration
was rapidly approaching ! "Hail Columbia!
happy land l" &c. ‘

 

3:? Hon. Thomas H. Bentoii has been re-
elected to the U. S. Senate for the next six years.
We guess he will wish he was out of it beforp
that time expires! Y

 

flff’ Nothing of interest transpirefl at Wash-
ington, last week, after the organization of Con-
gress, and the delivery of the President’s Mes- 3
sage. I c

fir‘-’ The length of the President’: message
necessarily excludes from our columns many ar-
ticles of interest, which we shall publish next
week.

fib A destructive fire occured at Quebec on‘
the 29th ult., by which 45 houses were consum-
. ,2 ,- 'S_.. .-,--.3_—,,

ed, and more tnan one hundrr:.- l8!I‘.lliL-‘ .~..r-rt‘:

ed houseles at this inclement seas-‘ma

 

 

__.—:————7-—'{““
Thg Cammanchpe Indian: ihrcaiezz a war of
extermination upon the Texlimm They '“'°""l_
to number 10,000 fighting men- Many of '50

ighpbiianls upolnlhe Western frontier. dreading