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Edgefield advertiser. (Edgefield, S.C.) 1836-current, December 27, 1838, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026897/1838-12-27/ed-1/seq-1/

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A.-- -
Ale0
A-We will cliug .tab Uar of
and-if it must fall e will perisW
rI D LIS E E D Wa.a. <s. V.>
--* 4b
T e Hdg#hNd 4dyertijeri
ff.
EVE MUR D rMORNING.
TEILMsi.--Thve Doil&tspii annitn If paid
in advace.,--'jAree Dollars and -Fifty Cents if
paid betbre the ekpiration of fix %lonthe lrom
Oe date of Subscrtption.-andYour Dollars if
paid withi Months. 8ubsribers out of
--i Stae are ed topay in advance.
No subscri recei or ess than eogar,
ad no piaper discotinied 1.i1 all arrearages
ati paidi'exett at-the option of the Editor.
. All sau4cripitizis will be continued unless
Otherwise oidire4,at the end of the year.
Any persif; ptocuring five iubscribers and
becoming'responsible for thesame. shallreceive
the sixth copy gras.
fAnvataszusaXT cons icuously inserted at
cents per square, for he first insertion. and
43 cents oreachcontinuance Advertisements
Thaving-the number of insertions marked on
them, will beSogUnued until ordered outi and
chirrged accordin,1. -14.
A 4dr.-rtisements intended for publicitiod
Jp.this palier, must be deposited in the.Office
by .Tagsday evhning.
All coanmunioations ad'dreised to the Editor.
(PosT PAID) will be promptly and strictly at
tended to.
Preldst4.* MUethage.
- - 'qila.ded.).
Our-xperienceiider the act passed-at
the ln.sessianl, togrant lore-emplaon rights
-ta'satilett.ibe publiclainds;.has as yet
biee.i ti lIoUitef to ed:Able. ust.pronounce
Qsiti Ihe " dIs' fi ts'Wprovi
elens -ift.the ise &iiberal policy
6f the aiiedti in that respect. -' There
is htioev 'vtbe, best reasP to anticipate
S ar ouitsfro I its up, tation. The
:21(wh tin'ornierly sus,witted to
you in -nespiac t-arluatieer the porice
of; abli rAi,iretiin tsrsbe finally
I4aing (o d itio reason to
ist the views -then, b e. your
a o them is..again i i tilly re
questd.. -
E6ve 'rop rexertion has n made.
ad-wil continued, to cftrv out the
wishe2'if Codgresi in relation to the tobac
eo triIf, as luidicate'd in the several resolu.
tions of the House of Representatives and
the legipslation'of the.two .brinches. A'a
forable ipituression. has, I trwt. been made
in 1hediferent foreign countries to which
paticular attention has heen'directed; and
although we cannot htp.'ror;aea. parly
Vhange in their psolicy,as. in many ofien.
alnevein d large reveime is- deiveAs
sale of this artic ; yet, as these 'nioilopn
lies are really injuriotui to the people V re
they are estapished. and the reveut e
rived from thein may be less injuriously &
with e1ual facility obtained from another
and a lieral system of udininistration, we
cannot doubt th.t-our efrorti; will be even
tually erowand wilts success. it persisted
in with temperate firmness, and sustained
by prudent legislation.
In recommending to Congress the adop
tion of the necessary provisions of this ses
sion for taking the next census, or enu
meration of the inhabitants of the United
States, the suggestiom presents itself wheth
er the scope of the measure might not he
usefully extended, by causing it to em
brace authentic statistical returns of the
great interests specially entrusted to, or
necessarily affected by, the legislation of
Congress.
The Iiecoigpanying report of the Secre
tary of War,presents a satisfactory account
of the state or the army. and of the several
branches of the public service.confided to
the superintendence of that officer.
The law increasing and oroganizing the
military establisiment,of the United States
has been nearly carried into ef'ect, and the
army has been extensively and usefully
employed during the past season.
I wou'ild again call to your notice, the
subjects connected with, and essential to
the military defences of olie country, which
were submitted to vou at the last session;
but which were not'acted upopn. ns is sup
posed, for want of simue. The most tam
portant of them, is the or )iIzation of ihe
mlitia on the m.irititne & inlatid frontiers.
"'his measure is deemed imp)ortaint, as is
is believed that it will fuarnishan effective
Evolunteer force in nid of the reaular army.
and may form the basis for a general sys
-temn of orgatiisationm for the entire mihtia
of tl e United States. The erection of a
natitsii foundry and gunpowder menu
Ehctory, and one for making small arms,
the latter to be situated at some point west
of the Alleghany mountains, al1l oppear to
be ofsificient importance to be again ur
jed upon your attention.
The plan proposed by the Secretar% of
War for the distribistion of the forces of
United States in time of' peace, is well cal
eulated to promote regularity and econo
.my in the fiscal adlministration of the ser
,lee,to preserve the disciplline of the troops,
and to render them available for the main
tenance of the peace and tranquility of
the country. With this view, likewise, I
vecommend the taudoptiot of the p)ln pre
eented by that officer for the defence of
the western frontier. The preservationi
of the lives and property of our fellow
altizens, whso are settled up<n that border
country, as well as the eoistence of the In
dian population, which might lhe tempted,
by our want of preparation,to rushi on their
own destruction, and attack the whbite set
tlemnents, all seem to require that this sub
Jeet shoutld he acted upon without delav,
and the War Department authorized to
place that country in a state ofeomnplete tde
fence against any assault from the nutmer
ens and warlike tribes which are congro
gatad on that border.
It affords me sincere 're to be abale
to apprizo getu of tb dati eovul of tho
'Cherokee nation of Indians to their new
homes west of the Misissippi. The #nmes
ures authorised by Contress at its last s.-s
siontwith a view to the long standing con
ltversy with thein' have had the hap
piest effets. .By an agreement concluded
with then by the commanading general in
that country. who has lierformed the du
ties, assigned to him on the occasion with
commlieniable energy iand hutmsanity, their
removal hs been principally under the
conduct of thei- own chiefs, and they have
emigrated 'without any apoparent relue
tance.
The successful accomplishnent of this
imsportant object; the removal, also', of ihe
entire Creek nation, with the exception of
a venall nmouloe of fugitives amlingst the
Seminoles in Florida; the progress alrea
dy made towards a speedy completion of
the removal of the Chickasaws, the Uhoa
taws, the Pottatiatanies, the Oitawos, and
the Chippewas, with the extensive pur
chases-of Indian lands during the present
year,have rendered the t,peedy and success
ful result of the long stablished policy ofte
Government upon the subject of Indiatt
aff'airs, entirely certain. The occasion is,
I.Mrelore, deeied it proper one to place
this loolicy in such a point of view as will
exonerate the Government of the United
States frot the uinderserved reproach,
which nas been cast upon it through sever
al successive aduinitrations. That a
mixed occupancy of the same territory, by
the white aud red ian, is intcempabile
with the safety or happiness o either, is-a
position in respect to wiich,there has ltnig
since ceased to lie ruoism for a difierence of
opinion. ten-4on and experience ha%e
alike demonstrated its impracticability.
The bitter fruits uf every alttenipt hereto
fore, to overcoeti the .barriers interposed
by nature, have only been distructiun both
physical and oinral, to the Indian; danger
ous conflicts of authority between the Fed
eral and State Governments; and detri
ment to the i.ndividual prosperity off the
citizen, as well as to the general improve
ment of thecountry.
* TM remedial ilicy, the principles of
which were settled more than thirty ye4ir
ago. under the at mina.tration of Mr. Jef
fertoon, consists in an extinction, for a fair
consideration, of the title to al: the lands
still occupied by the Indians %ithin the
States and territories ot'lhe United States;
their rentigni to a couptry west -t the
Missi,ssijg iuch iore- exiensive. and
.heae, a4estd ,,. -their -condititn. than
thajnahthestes,fenresided; t.he guar
antee to sbom,ly *Iihe: UsitdSae,o
their ex Wsi,e possesinn of 'hat coutri
forever, exeipt fron all intrusion by
white imen, with am ple porovision for I heir
security against external violence and itn
letnal dissent,ions, and the extension to
them tif suitable fiiities for their advinee
ment in civihization. This has not been
the policy or partienlar adinistrations on -
lV, but of each in su-cession, since the fire
attempt to carry it out, under that of Mr.
Monroe. All have labored lor its "com
plishment. only with ditferent degilies of
success. The mananer of its execution has
it is true, frot time to titne. givers rise to
conflict! nor-iition atind unjust i mi putatti ons;
but in respect to the wisdom aid ueces!,ii
of the policy itself, there ins not, from the
beginning, existed a doubt in the mind fo
any calin, judicions, disinterested friend tif
the Indian race, accutnoed to reffection
and enlightened by experience.
Occupying the double character of con
tractor otn its own account, and guardian
for the parties contracted %w ith, it wets hard
ly to le expected that the dealings of the
Federal Government with the ludian tribes
would escape misrepresentation. That
there occutred itt the eatly settlement of
this countiry, as in all others, %l htere the
civilized race has succeeded to) the poosses
sion ofa the savage, iistantces of loppression
and fraud ont thte part of the Formier, there
is too much reasun to believe. Nit such
ofences enn, however, be justly charged
ipon this Govertnment since i btecame free
to putrsute its owtn cottrse. Its dealinigs
with the Indian tribeas have been just ittd
friendly throuithout;its etlirts fer thiir civi
lization cotnstant, andu directed by the tbest
feelings oh' humantity; its watchfulness in
prutiectitng them, fromi induividutal fraudls,nnt
reniting; its forbearance tinder the keen.
est provocations, the deepest itnjuries, and
the most flagrant Outtrages, tmay chealletnge
at least a comparis. n with anty nation, an
cient or modern, int simtilar circutances;
antd if in future times a powerftul. civilized
and happy natiott of Indiat .s shall lie Ihundl
to exist withtin the limi.its of this northtern
contittent, it will lbe owting toi the constum~
mnatiotn of thtat policy, whiich has been soc
unjustly assailed. Only a very birief re
ference to facts, in coinfirmiationi or this as
sertion, can in this formt be given. and yout
are, there'ore, necessarily teferred to the
report of the Secretary of W ar for further
details. To the Cherokees, whose case
has perhaps excited the greatest share of
attention anid symplhathy, the Untitedl States
have granted in fee, with a peerpeetual gnt
atntee of exeltastve and pe'aceable poss
siont, 13,554.l35 acre.s of land, ott the wvest
side or the Mi'ssisippi,ehigibly situateud, in a
healthy clitmate, atnd ini all respects better
sntited to their conditismt thtatn the country
they hatve left in exchsange liir ottly 9,492,
I Oneres on1the east side of the same river.
The United Stattes have ini addhition ti rpo.
lated to pity themt five mtillien six hundred
thousuand dollars For their interest mn im
ptovemenits ott the lands thtus rehinqtuished,
and $i,16.000 fur subsistenice and other
beneficial purpiose,; thereby putting it in
their power to becotme one of the miost
wealthy antd independent separate comn
mttnitiese, otf the same extent. in the world.
.BJy thn trentlan mada n at ife., tv,e,
the Miamies. the Chippewas, the Sioux,
tIle Sacs, Foxes and W innehagues, during
the lasl year. the India" title to eighteen
million futr hundred and lity eight thou
saud acres has been extinguished. J'hese
purchases have been much more exieu.
sive than those if any previous year, and
have with other Indian expenses, borue
very heavily upon 'he Treasury. They
leave, however, but a stuall quantity of
unbiught Isan lands within the States
and Territories, ani the Legislature and
Executive were equally sensible of the
propriety of a final and more speedy ex
linciion Of Itdian sies within those husils.
The treaties a hsch were,' with a single ex
reption, miatde in pursuance o8 previous
aippropriattons. for defraying Ih expenses,
have subsequently lieen ratitied by the
benate, and received the sanwtion of'Uou
9 ess,by appriopriatius uetessary tI carry
tilsm into elWct. of tlt tersii upsn incl
these imtesportant negotiatits were couclu
dud, I canl speak irous direct know ledge,
and I tWel no dslficuity su atirmng, ihat
the interest of the lutdias in tile exteusive
territuory einabraced by thesis, g to be pasu
ldr at its fair value, and that tiot usure Ia
vorsble terins have beea granted to ihe
United States, thau would have beeitrea
wunably expected in a. uegoattlon, with
evlized Ilen, lull) caliable ot UIppreciatiug
and protecting their o.%u righs. 'or the
Indian title to L16,.94.dl acres, acquired
tipe tile 4th o Alarets, Jb2U, tile iaited
,taies have paid 6Z,atiu,wA. Its Perna-n.
aeut annuities, ainds, reservanons tsor in
jsib, expuitses of resiivat sut subsist
ace, IkreinuuIte, sucilamcal as agrl
-utural, estabamlssuaens aluu amiplements.
W istl tile heav) expeuse incurreu loy the
bUsted States, aud tue circuomstatice that
io large a patruo oi the entire territury
n als u forever unsaleab e, are cousaered,
and 1i11 price is coslipared"wib tiat tis
which the Uitted IAues bell their tnu
lanus, iso one cit dout thai justice has
been done tothe lutiisai n i lese puretiuses
also. Gertalu it Is. that fhe trausictions
ui the I'seueral overtnmiet ata the in
ftus hau%e been uunsorthly characterized
b) a -suere aii parautount desire to pro
utte their wellsci; aui it must Ilea soifee
of the ahighest graliheition to evtry rand
tojustice aud Isuinanlly. it) learn, tut nos
n Iilstdn.u-ig the obasrucions iroun ite to
u.tite, thsowulitl its wa), 14i 11 1La.. ultiIIes
wich havelh assen th ki eteuaar.and
Asiupratsealie.al u*.6t hie s uuaa charic
er. he wi, husiantv, ainu anieviatng.
pieticy, ot' tie 46sverneut l". t n tmta
utiiLtili sib Jtfrre lomn, h
wetse, hass at lengili lieci just.fhed. to. the
%nurld,mj ita near .pproaciu to at happy and
Cerian cou-lulssaissean.
I lie cuudition of tle tribes wisich occu
p) the -.,untry set u1pari ist them in the
W es[, is w6oliy proisperous, auu esicoura
ges tthe hlle of their earl) cvifizatito.
I lie) Iave or tShe uiust part, abandoned
their litier state, aiud iurised their aten
ison to agric.ltsural luistius All those
who have be..n 1 estalsied lor atny length
II titie In that fertile regiou, ulailitaln
themselves by Ihir ua n idustry There
are aiiinug thesai traders ol no iun-ousidera
ble capsalt. ansi planter4 exporting cotton
to -,olse exicit; bt iSe g-e.ster susiber
are sisnall ugsicutrists, lving in cumloi
upon the produce of their arans. Thle re
cent tinigrianis,alttsougli they have in some
Instances resoved reluctauti), iiave readi
ly acquiesced in their unavoidable destiny.
Tly have fini a recipeilinuse tor past
sulriigs, und an iceutive to udoistritius
hablLs, Isu the abundance and coilrts
around them. Tliere is reasun to believe
that ill these triabes are friendly it their
feelhugs towards the Uiled 8.ateb; and is
is tea ta hiped tiat ilie istitsoinui of indi
vistial w eh. the pur-initv t agriculture,
and htal% of indistr), will grastlalV slib
inue their warlike propensmses, and ainclisne
ities o nmaianam pe.ice amutiig themselves.
Iso e&ct thi desiable object, tle aten
tiwu of Congress is stheited to the meat
ures recosamseued lay the decretasry ofr
Wmnu, for- sheir Suture goveru-nent andu pro
icttions, as a eil tr..sn eacti eathter as trusmn
the hsostiuity o1 thse warlike tribes arutjnsd
themi, and she autrussonss sot the whites.
Thea poalicy 08 the Gouvernsent has givena
thesns a peranasnus honse, ands guatee-d
so theti its peacetl asnd uuditsturbed pos
sesasuon. It onaly remsains to give thesi a
goveirtnment iad laws which will encour
age indtustry, and secure to thema thu re
wards of their exertions. TIhe im uportance
ufsomea fori of guorermn cannsot be iuoo
smuch inusistedl uponi. T'he earliest ellects
will tie toa dimiish causes andel occasions far
how-tiliiies amonaig thie traes. to inspire an
insterest in51 thbservautce oaf laws to which
Ilhey will hsave themitselves auculted, andI to
mtultipaly the securities osf proapersy, andI
moetives for self-imiprovesmenut. Iinasely
contanel with thsis subjeti, is the nstalh
hishmsaent of the msilitary defences recoin
mnenuded lay the Secretary ofl ar, which
have bseen ailreadhy referredi to. Without
them, the Governments will be powerless
toa resdeems it. spledtges oft prosectioin to the
emigsratitsg hsisiana aganstr then snmerous
a as-like tritmes ihhat surrouasnd thim, and
to providle for the safety of use frontier set
tlers or the bordenritng States.
The came or ihe Seminoles, constitutes
at paresent the only exceptioan to the stne
cessful effor-tas f the Goivernmient so re
mossve the Indlins to the homes asasigned
them wa.s of' the Mtisieippi. Fo)ur hun
dreds of' this tribe emtigrastedh in 18!36, antd
fitesen hundred isn 1837 andI 18384, leaving
in the country, it is suapposodl, about 2,001)
Indians. The continued tresachterous con
dusct of these people, the savage and uns
provoked murders they have-lately coin
mitted. butchering whole famie r the
of ag- into
she very cputre sf'ti contry,
so thai a Jtpnterirava.
get. . T tsack an lite light
hot4ie ..-A s i na the
hShbAtiltirdered
the passe e Wtw'ofetieh vessels
.al bave i ipo jhe reefs and
keis uhbid gulf, leave he
Governi. sp%jvkno cuotinue
the militp Y.agajnt them ultil
thev are 'If I 11 from Florida.-..
'here *re .Otives .A hich would.
urge the o e -i' to4ursue this courie
towards the ioles. The United
ate'hvej in gdad faith. all their
greatY -tip 1with the Indian tri s,
awI havw so other instance insi d
upon a liki iiances of their oblig
0tins. Tore 9s this.salutar% rule, be
cause ihe-Me 'es have insitained
themselv4sis" hg in the territory they
had reinqujis said is defiance: of their
fresquent and so n esggemenis,still con
tinlue to Wage 'uthless war. against the
United States, onld no only evileice a
want ofeo on our part; but heofe
vil exampi le4 r ,intercourse with other
trihes. -xp e hAs shown thas but
jittle is to.he by the march of ar.
nues through ountry'so intersected with
inaccessible s anps and marshe., 4nd
which, from't fatal character of the cli
mate, Inup:he andoned at.the end of the
winter. Iree asend, therifore. to your
u.titfon,tlp n submitted bly the Secre
tary'o(Wilr,:a he acqomripauying report,
for the perno I occupation ofthe portion
of the territt edI-rom the Ilndians, and
the blore aie i protection of the people
o Flmtida fro hei, inhunan warfatre.
From the .ofthe Secretahroi. tbe
Nay. hierew rdnsititted, it % ill appear
that a large "s of th ijpsable naval
force is eithee vely employed, or in a
state of p,ep ts for the lurpose of ex
perience aud $ie atIqd the protection
ropOcommi - leflltiallhasbeentthis
proteetion, t frar as the informnation
Gilih'rnent Ia,- 4ot a sin e outrage
has bieenat d in a v ,- carrying
he fag of ib '4 State ' ithin the
pi~ealet yea!i y q 9arter, wover dis
taut og ex ,
T'heoex A Idediti'saieiid. from
Norfblk onL fA ugut la* -and in
is'maation l a u received 6' it stre ar
rival at thev . f Madeira. The heo.
#piril anit$ officera a' crtew., fti
.bere i e r t to aticipate.from
ericial to.con#erce
61toll'-0
I redueto o
J commissiin' is Contenpla
ted. Th&t fitled state ('f a portion of
South Amecrd renders it indiepentsablle,
that our c6mnerce should receive tsrotee
tion in ihat quarter, the vast and increan
in intere.ts embarked in the traste of the
Indian and China seas. in the whale filhe
ries of the Pacific ocean,and in the GulfeW
Mexico, require eqtal attention to their
mafety ; a small squadron may he eiployed
to grea. advantaae on our Atlantic co-tst.
in wieeting sudden demand for the rein
lorcemett of other stations, in aiding ter
chant vetsels in distreRs, in afimliing ac
tive service to an additional notmher of of
ficers. and in visiting the diferetnt ports of
the United States, an accurate knowledge
of which is obviously or the highest impor
Woare.
. The attention of Congress is respectfully
called to that portion of the report recon
mending ah increase in the numher of
smaller vessels, and to other suggestions
contained in that document The ral)iil
inrrease and wide expansion of our cotmo
merce, which is every day seeking new
ave-nues of profitable advent ure-the a
solute necessity of a naval force for its pro.
tection, precisely in the degree of its exten
siol-adueregard to the national rights
and honor-the recollection of it% former
exploits, and site anticipation of its fisture
trinmphs. whenever opportuttity presetnts
itself, which we tnav righftfully indlge,
from the experience oif the past, all seem
so point to she nsavy as a most elleiett
strm of our national slefensce, and a proper
object of le-.:islative encouragenment.
The prog,ress anid cotndition of the Poss
Offie Department will be sectn by refer
enee to the report of she Post masster Gen
eral. Thse extent of ptost roads. covered
by msail contracts, is stated to be 134,818
tmiles, anid the annual transportation upon
thetm 34.580.20)2. The numbaster oh1 post
offieer in the United States is 12, .5531 ansd
rapidly ineresisg. The goss revensie
.for thse year endinae 0n the 30th dtay of1
June last, was 84.262,145. The neertiing
expe.nditures, S4.98t,68; excess of e;pen -
ditores $417,923. This has been tmade
up oust of the surplus previomusly on hand.
The rash On.hands on ttte 1st itnst., was
8314.006G. The revenue for the vear en
ding June thirtieth, 1838, was $161,540
more than that for the year etndingz on the
3tsh of Jtnne, 18237. 'I5he expentdsturea of
the department, hads been gradutated upon
the atitcipationi of a latrgely increased re
venute. A4noderate curtailment of mail
service 'onlsequiently btecam snesessary.
and has been effected, to shield the depsars
maens against the danger of etaatrassment.
Its revenue is now imlprovinsg. andi will
soon resume its onward course in the marcha
of imaproverment.
Your particular attentions is requested to
so muasch of'the Posttmasser Genseratl's report
as relates to thse asails upon rail roads -
The laws on that subject do not seemo ode
qeute to scoure that service, now become
almost essential to the public interests, and
at the same time, prostect the department
fro,sg eombinationss and unreasooable tde
ananhds.
s*w1t0 WarOutegg est y ir t
tention to the necesWty of providing a
more secure ' 'Iditag for this department.
The danger oi destruction-to which its Im
portant books and papers are continually,
exposed.as w%ell flion the highly coh:11l'tall
lile character of the building occupied. as
from that of others in the vicinity, calls
l6udly for prompt action.
Your attenetion is again earnestly invited
to suggestions and reccouineudations sut
mitted a~l the last session, in respect to the
District of Coluliubia.
I feel it iny duty also to bring to your
notice, certain proceedings at law which
have rexently heedY'prosecuted in this Dis
trict, in the naine of the Uniteid State., oi
the relation of Mesars. Stockton and Sinkes
of the State or Maryland, 1tgainst the P..
Master (Jeneral, and whic-h have resulted
im.he paymentof tusaey out or the Nat ion
al Treasury. for the first tame since the es
tablisliment of the Government. by jud -
cial compulsion, exercised bly the commono
law writ of mandamus, issued by the cir
cuit court or this District.
The facts of the case, and the grounds
of the proceedings. will lie found fully
stated in the*relport of the deeision ; anad
any additional information which you mnny
desire will be supplied by the proper de
partmient. No interference in the partie
ular case, is contemplated. The money
has been paid; the claims of the proseu.
tors have been satisfied; and the whole
subject, so Car as they are concerned, i- fi
nally disposed or; taut it is on the supposi
tion that the en,e may he regarded 4ts an
authorative expositio allf the law as it now
.tands, that I have thonLht it necessary to
pre-eni -it to your considermuion.
rhe object or the application to the cir
Coit court was to coinpel the Post Master
General. to carry into effect an award
made by the SAlicitor of the Treasury,
it ndl-ra special act of Congress fAr the set
lemiient of certain claims of the relators
on the Post OCre Department, which a
ward the Post Master General dpepitq to
ex6cute in flill. until lie should rucAve fTr
*er legislative direction a n the subject.
IfAbe duty imposed on the Post NaIR.r
General. by tht law, was to tie regardedl
as one of an ofilcial natnre, belonging to
his office as a brtanch of the Executive,
then it is obvions that the coustitutioial
competency of the judiciary to direct anl
control him in its diseharge Was necesariTV
drawo a, 'mgtiesion. -\od if the dutty s'o
impoia fed (itn te Po t . s ster General.'wn,
tj he kndeed a merely iinisterial ttd
not execttve;i1 vN'~,iMtisnedh aw
iht thte Q fthoCurt er..this Diftrit t
.4 power having never beGre been laseti
eat or claimed by that court. With a view
to the setilement ohf these importi an ques
tions, the judgment of the Cirelit Court
n%a, carried, hy a writ of error, to the Sit
pretne Court of the United States It the
:piiion of that tribunal. the dutv impopted
an ie Pit Maser Genaral w its not an of
ticial executive duty. hui one of a mereh%
ministeri-l nature. The grave constitu
tional questions, which hnad been discuss
ed, were, thererore, excluded fron tke de
cision of the c;asc: the court, indeed. ex
pressly admitting that, with powers nnd
'luties paoperly hel muinig to the Execu
tive, no other tdepartment can interfere by
the writ of mandamus and tie question,
therefore. resolved itself into this,:--Ha
Congress conferred upoit the circuit court
of this District, the pwower to issue such a
writ to an officer of the General Govern
ment, co t-maninag him to perforn a int
isterial net ? A mnajority of the Court
have decided that it has, but have founded
their decision uton a process tif resasoning
which. in my judgmeni. renders further
legislitfive pro.isian indispensablu at the
poblic inierest, and the equal administra
tion of justice.
It haits hang since been decided by the
Supreme Court. that neither that tritnal
nor the Circuit Curts of the U. States,
held within the respectivs- States, possess
the poawe-r in qutestion, buit it is notw held
that this piowuer. dlenied to both thae-e high
tribaunals. (to thes formear by the Consititit
tioan. andt ta) the latter by Congcress.) h a
bee-n, by its legiilattin, vested in the Cir
cuit Court of this Distr-ic't. No such i.
rect grat of power to the Circuit Court
of this District is clatimed,t hut it tins beena
heldi to result, lay niecesiary imliention,
from several see-tuans oaf the law estabalish
ing the court. One of these sectiaans dte
elates, that the laws or Mtaryvlnnd, as they
existed at the time of the ces%iuon, should
be in force in thiat part taf the District ce
deal lay that State t and hay this parovisions
the commnorn law, in citi anal crimtinal ena
sos, as it parevailed in Marylanda in 1801,
was establishead itn that part of the District.
In Englanud. the Court or King's Betnch
--bectause the Sov ereign, who, :tcoarading
to the thtetry tof the Conastituttion, is the
fountanin of justice, originally sat there in
person, anad is stiltladeemoed to be parewaen,
itn 'onistr'uctiota of lan.-alone possesses the
high powser of' isstninc the writ of manda
inns, tnat only t,J inferior jiuristdi-tionts ntia
corpoaratioaas, butt alsoa to maogisaraies atal
thers, commnangline threm, in the King's
name, to do what their aduty reuttires, in
cases 'shiere there is a vested right, antd no
oilier specific remteady. It has baeen hlcd, in
the case referredl to. thnt as the Stupreme
Coutrt aif the United States is, lay the Coan
Alit uion, retadered incompetent to exer-ise
this paow er, andh as the circuit couart ofr th~
district is a cotirt taf general jutrisudictioan iti
the District, the right to issue the writ oif
mnandamnus i inciadent to its commtn laws
powers. Another grountd relied upon tr
mainataina the pawer in quastion is, that ii
was included. h, rair construction, in the
nower it ernted ta the circuit cours tar uts
veaient torahiization ofthe courts of the U. a,
pasael W of Februarf, 181; that the act *w
tablishing thie circuit court of this District, palip
sed the -7t1h of February,1801, conferred upog ~
that court andthejudgesrileuof, the same pow. --
erm is were by the laws vested in the eiraf
court ofthe U States and in the ~udgesef the
said courti.thit the a epetal orthe first nientomde
act. which took place- in, the next year. did no
divest the circuit court of this District of the ats.
thorit, in dispute, but Itft it still clothed with
til powers fiver the stub:cet w1iceh, it isconce -
ded. were taken away frm the circuit comrts c
the U. S. bv the repeal of the act of 13th Febit
nary, 1801. -
Admitting,dhal the adoption of the lawwd -
Maryland fr a portion of this District, confers
on ahe circuit court thereof,in that portion, tha
transcendenit extra 'udicial prerogative_ .
era of thie Court of cng's nh, m
ur that either of die acts of Congres, by neef
wary implication, authorize the former co A -4
mmate ma writ ofnmandamus to an offic4 h.
United States. to cormiel him to pertor
islet ial fluty. the consequenices are. m1 33
pect, the sare. The result in either -
that the officerat of the United States, stati --
ima diffirenotparts of the United States, are, ia
respect to time performnice of their official do.
ties. mutbject t-, different laws and a diferent su., - A
pervision, thope in the States to one rule, and
those in tWe District of Columbia to another1,
and a vory different one. In the District theig -
omiial codimluct is subject to a judicial control,
t'rom which in the States they are exempt.
Wha'lver difference of opinion qiay exist a4
to tie expeediency of vealine such a power iL.a
the ,adiciary, sn tr o * 'Tovernment c
stituted tike thmat oft he WSte -s,tall must agr'
that thespe disparoting discrppancies in the law
atmd in the udministration ofjustice ought nqt t
be permitted to contime: and as Congress at
lone can Iprovide the remedy, the subject is uw -
avoidably presented to ynur consideration.
f. VAN'UREN.
VAsIV -ro.N. Decembr 3, 1838
'JAROLIINA HOTEL.
.4
TH4 MBURG. SOUTH CA ROLIN
H undersigned bis leave to inform hillo
. tends and jhe public in general, thai
this-Motel has undergone thorough4pair. an
thit bie isnaow pe epared for the reception and ae. -
commotatioi. of Permaeitca Boarders, as well s
Travellers and Transient -41
lei ITORS.
le mwould obse . ti uat those ia1lmo1may favois
him with a --ah. slall tid theinejs agreably
antd comfortably pro% aded 64r. His ahe is.41
_lied % a ull i. smbstantal retumses
si*gtogeher with every di''l, -
1114.'.t thi ttaintion ofd44J* ad
fuA ar. Ii. ar is stored withliquori
of e clhoicest kind.
With :he confident awturance of giving full
satisfaction. he solicits his old frie&es, a the
poibbite in get:eral. to favor him with a call.
Drove rs can be accommodated WtIA stab&*
and lots for stock.
A. KEMP.
Dec 15, 1938 if 46 -
The Gree ville Mountaineer,and Pendleton
Mestien"ger will insert the above for six weeks.
amid sm-mid thei accounts to tie subscriber is
Innihamrg. A. K.
AMERICAN HOTEL.
114 MBlURG, S C.
I HE Subscriber takes great pleasure in int
fiorminimg his friends & the public general.
ly that Ime hasaopeemed himlarge and commodious
floitse. and Vilt b very thanikful to them fora
libralshare of their patronage. le flatters him.
qeIf. that from the experience of the Lad who
has charge of the dome-tie afTairs of the ouse,
alo imt Servtinamnsand Hostlers, togetherwith his
owti will atnd disposition ta leaae, that general
imatietn may be givenm. he situation of the
i ois.- affilrds a convenience.particularly desira
hie to persons who may have business to attend
to. or who may wish tot take the Rail Road Car
for Chmarlesttoni: anal his 4tall lots are lar e. and
well prepmared foir the accommnadation of entle
menam whm may~ have Stock fomr sale.
G. W. MAYSON.
Oct. 24. l838 tf 38
Vallage Property for Sale.
I Will offer for sale, on
the first Monday ia
I I Janumary netxt, to the high.
* * est bid'der, the House ia.
-time Village of Edgefield,
now ocacupiedhby 8xtra d
FRAZIFR as a l)tv Good Store. Possession to
be givoen in a few davs. Teamm one and two
years cradit, with note anal ap>roved security.
-B. A. # ALLACE.
Dec. 18, 1838 e 46
NVOTICE.
I OFER at private sale,
.my Residence, in the
or~ orate limits oh the towna
o af Fdgefield. There are 18
-acre., of landa, ont which are
- a gomod l)welling Hlouse, re
cently rat .re'~ amnd imipraased. antd all necessa
ry oumt-hnaildi ngs Thme termm will be tmade ae.
commad t'n: to an app,rovedl putrchalser. For
fuirthmar paticulars apmply mn time piremises, or at
mny ollire. G1'.0. POPE.
Dec It0._18:l8 d_45__
NOt,ice.
A1 LL prsonsm imndebted tao the-Estate of Ste.
phleni Terry, seam, deceased, are requested
tao maike immemmdate pas mecnt. anid those having
demandel to present the'm poeltetd
S. C. TERR~Y, Adm'r.
Nov 6. 1$3t d 40
For Sale.
M YHOUSE~ anal LOT. in the Village of
I-:dge field, upon terms ho suit a purchaser.
it nyy absence,napply to Col. Banskett.
f.AMES AUD

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