The daily union. [volume], May 05, 1845, Page 14, Image 2

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THE FLORIDA CASE.
We promised, in our lest paper, "to apply I
leave" to publish the two interesting opinions of t
Attorney General end the Solicitor of the Treaau
iupon the new end curious question, which the act
Congress admitting Florida end lowe into the Uni<
has brought up. We have obtained pernueaii
without the slightest difficulty, end now hasten
ley these able papers before our readers. We pri
them not to be deterred by the character of the su
ject, or by the length of the opinione, from giving the
a careful perusal. They involve some curious ai
interesting points. The reader will please to observ
that the Attorney General's opinion announces h
concurrence in the Solicitor's views. In doing s
he refers to the Solicitor's letter to the Prtsidei
which was referred to him, and not to his iiutru
tioni, which ere dated at some tutu/punt period.
Opinion and instructions of tht Solicitor of ttu Ti to
wry to the United Stout attorney for the district
East Florida, in relation to the effect of the act adnu
ting Florida into the Union, upon pending suit
yroMcttfumi, and processes, in tchich the Unite
Staler art intereded, in the superior courts qf the Tei
ritory qf Florida.
Orricc or th* Solicitor or the Taaesuar,
April 90, 1841
; Sia: Yours of the 29th ultimo, in relation to tli
i effect of the act admitting Florida into the Unio
upon pending suits, prosecutions, and processes, i
th* aiiMrinr mnrtA i\C the TffPfilflPV in u/hich th
United States are interested, and asking instruction
from this office relative thereto, has been received.
You say:
"Florida having bssn admitted into the Union on sn emu
i fooling with the origins! Statue, in nil respects whatever, o
the 3d Inst., it hse been s venous question here whether tli
powers ol our superior courta, which were established an
I derived authority (Tom the acts or Congress entitled Au a<
! for the establishment of a territorial government in Florida
1 approved March 30, 1WJ, the set to amend said act, a,
proved March 3, IMS, and the act to amend the reveral act
for the eetabliahnient of a territorial government in Floridi
approved May It, l*M, hew reeerd to uriil. An act was sis
?" the M ln?t. providing for a district court, wit
circuitoosrt powers, for (bo district of Florida; but tl>?
ewm m not yst orgaolied, and ir it were, the art cmuauu n
provision font the removal of eauoes from the superior court
imto It."
Since the 4th of March, 1789, when the constitu
tion of the United Stntee went into effect, there havi
been thirteen new States, which have establish*
theirconititutions, and been admitted into the Union
under aa many separate acts of Congress. Provi
ions were made in but three of these acts of Con
gresa?to wit, in those admitting the States of Maine
I Missouri, and Alabama, into the Union?for tht
transfer of die pending suits, prosecutions, and pro
ceases, into the new courts established by the aeve
ral acts of admission. There may have been no occasion
for such provisions in the acts admitting Vermont,
Kentucky, Tennessee, and Maine, as those
States were severally formed out of territories within
the jurisdiction of four of the original and existing
States, and the federal court system had already
been extended over them, and would remain
thither, and in all its force and effect, unless, and
until, changes were introduced by other laws. But
it was otherwise with regard to the States of Ohio,
Louisiana, Indiana, Mississippi, Illinois, Arkansas,
and Michigan. They were all formed out of territory
belonging to the United States; and it would
have been interesting to know what became of the
pending suits, prosecutions, and processes, in their
several territorial courts, at and after the time those
States respectively were admitted into the Union.
The books of reports, which 1 have had an opportunity
to consult, nave furnished me with no information
upon the subject. Whether the suits were per,
initted to abate, and were commenced tit novo, or
...U..1 -I a -i -
wwvuroi UIVJ were iranwcrrca ae jacio to the new
eourti, and "had day" therein, according as they
pertained to the State or federal tribunals, I am unadvised.
Whatever may have been the course taken
in regard to them, it would seem to have been
I generally acquiesced in; for my scrutinies have
Drought me upon no adjudication which attests that
any questions were raised about them which
t ' brought to judgment the matters of right or jurisdiction
involved. 1 had hoped to have derived some
I accurate and useful information from the files and
records of this office, so far as the States or Arkansas
and Michigan were concerned, inasmuch as this
office was established prior to the admission of
either of them. They furnish, however, nothing
very precise or positive; but it may be regarded as r
negative, prcgnRnt with some importance, that they
nua known no embarrassments affecting pending
suits, prosecutions, or processes, which attended the
changes of those governments. Such a circumstance
would seem to authorize strong inferences, at
least, that they were either regularly tried and disposed
of in the courts where they were commenced,
U, ? t 1 ?
uwxioiicu ucjuuu tu vnc appropriate new
tribunals, were, without available opposition, tried
or diaposed of there. In the absence of all counter
proofs it would, perhaps, be allowable to carry the
inference* further, and deduce like results as attending
pending suits, prosecutions, and processes in
Ohio, Louisiana, Indiana, Mississippi and Illinois,
after those Steles respectively were admitted into
the Union; and a long, unbroken usage like this, in
the silence of the laws, might reasonably be applied
to Florida in a like conjuncture.
The power to transfer causes from superior courts
to the new district court, in the absence of any express
authority to do so, after the district court
has been organized and put in operation, is a question
of much interest, undoubtedly, and, as an original
ore, would not be free from difficulty and must
! have been upon us, for judgment and action, had
the offices pertaining to the new court been filled during
the session of the Senate. We are happil y disembarrassed
of that question at this time, as the
President has wisely determined that he cannot
make those appointments "during the recess of
the Senate." A just interpretation of the clause
in the constitution which confers the power to fill all
vacancies, makes it plain that he is without the
power to do so. It provides that?
"The President shall have power to fill op all vacancies
that may Happen during the rtcete #/ the Senate, by granting
commissions which shall aspire at the end of the nest ses[
aion."
The word "vacancies," in all proper parlance, and
ex ri termini, must apply, and can apply, to such
officee only, as have been actually vacated by death,
removal, resignation, or promotion; and surely cannot
and do not, apply to offices which never were
filled, and which could not, for that reason, have been
vacated. But were I even mistaken in this, and the
expression should receive a larger interpretation, it ,
-j remove ine obstacles which exist
to making the appointment# at this time; for if the
offices ofjudge, district attorney, and marshal .created
by the act of 3d March, 1845, are to be regarded as
"vacancies," then they must have been such, at anil 1
from the moment the offices were created?that is to
say, while Congress was in session, and not "dur- <
in* the recess or the Senate;" and, it might be add- j
?d, that the word "happen" would seem inappro- i
priate, applied to any "vacancies" other than those I
where the changes had been wrought through power,
will, or casualty. <
On the receipt of your letter, I addressed a communication
to the President, suggesting these views i
against the power of making the appointments at i
this time; and he, having referred it to the Attorney
General, received a reply concurring in my views, i
which, haying approved, he transmitted to this of- 1
flee Copies or each of these communications I }
transmit you herewith. ,
The real and the only question requiring conoids- (
ration now is: At what time does the act, admitting ]
Florida into- the Union, pot an and to the functions (
of the superior courts established in that Territory (
by Congress? j
Before responding to this question, it is proper (
that I should notioe and dispose of some suggestions,
to which your letter has called my attention, f
in regard to the effect and operation of the 4th aee- <
tion of the XVIlth article of the constitution of (
Florida, ttpon the territorial courts, and the suits,
prosecutions, and processes pending therein. That c
section is as follows: ;
All officort, rin'l and military, now holding their offices '
sad appointments in the Territory, under the authority of thr
United Stateo, or under th- authority of the Territory, shall ?
continue to hold end exercise their respective offices end c
appointments, until tuprroadod under thii conotitulioni and
otl actions at law, or sails In chancery, or any proceeding
pending in any earnrt of the Territory of Vlorida. may be tl
(c mmeaeed in, or transferred to, euch rourt af the State as v
may ha*4 Jmritdictim of Iht mb/ecl-malter thereof." ,
Strongly as my convictions might incline me to
the conclusion that, in regard to pending suits, pro*- c
editions, and processes, appropriate to the adjudi- n
cations of the Skdt tribunals, the above provision of si
the constitution of Florida fully meets the difficulty n
and provides for it; and that the terms, "now hold- n
iqg tneir offices and appointments," under a just in- 01
terpretation, and with the help and guidance of per- w
tincnt analogies, refer and pertain to the fiuictiona- w
r??s who hold them, without regard to any changes Si
of the tadMdnaii who may be the functionaries; yet,
having no nghtftil jurisdiction in the premises, I do ec
not deam it proper to give any opinion upon the c?
subject. Whether, however, the fourth section referred
to can have any effect upon the duration of fo
" sffloee and appointment*," made "under the au- ta
t.iortty of the United States,,' which do not ob- be
struct, and which may (at the option of Congress)
survive the organisation aqd establishment of the an
I the Stats government, is quite another question; and rei
si ill another question would be, how far "actions at fol
jew, or suits in chancery," pertinent and appropriate
to the adjudication* of the court* of the Uni
or Stale*, abate with or survive such organization i
establishment of the State constitution. Can
he fourth section of the article referred to prese
ry tuck offices, or entitle tuck causes, to "keep day"
of court? Neither: nor for a moment, in my o|"n"
Can it, then, abridge the duration of suck offices,
abate and put an end to suck causes? It is equa
90 impotent, in my opinion, to do either,
to The executive nor legislative powers, constitui
|y and established by Congress in the Territory
. Florida, nor the functionaries administering eith
can survive the change of government token U sk
m kt effected, because the effect of the admission ii
nd the Union is to vest those powers in offices creai
,e by the substituted 8tate government, and they are
' be administered, of course, by functionaries of
ll* own appointment. The executive and legislal
o, jurisdictions will thus have passed away, and I
d offices, therefore, which were constituted but to gi
' them practical efficacy, could not, by any mcai
^ or for any time, survive the disruption. Bui
most concerns us to know whetlier, if at all, t
fourth section affects the duration of the judic
power vested in the territorial courts which w?
"J created by Congress, or under its authority? If t
"** power, or any part of it, survives, it confers, a
'' has, and keeps jurisdiction; and in the absence oi
prohibition, mere implication would be enough
^ save the courts, which would be essential to the e
supplied by substituted judicatures. But the qu<
>. tion we have first to ao with is, what effect,
ie any, the fourth section will have upon the jut
n cial power vested by Congress, and in the coui
n which Congress constituted; or upon the jurisdi
e tion which it gave to such courts; or upon tl
is officers appointed by the President and Senate, wl
minister therein. After due consideration, I am n
prepared to attribute any effect in the premises to tl
,1 clause referred to in the constitution of Florida,
n ascribe the whole, such as it is, and be it what
may, to the act of Congress admitting Florida in
the Union. How far tliat act may he deemed
affect those questions, will be hereinafter considere
> It may be said, that inasmuch as the consiitutic
' of Florida has received the sanction of Congres
g its provisions have derived therefrom all the weig]
1, and authority rightly due to the act of Congrei
it itself which attested that sanction by receiving hi
? into the Union, imparting to, and accepting froi
' her, sovereign powers, ana thereby giving to thoi
provisions activity and force, and putting them i
J operation. Certainly it is fair to infer, and 1 agrt
, in the main, that whatever passes Congress, receivt
* ill approval, and haa the impresa of ita authorit;
' but then theae infcrencea liave their limitaliona an
reatrainta, and can only be true and allowable i
thoae taaea where Congreaa haa the right to exan
' ine, and the juriadiction to decide, and the power t
5 reject, the aeveral and particular proviaiona whic
the instrument paaaed upon by Congreaa may cor
' tain. Doea Congreaa possess ao large a jurisdictio
' in the premises that it may exerciae supervisor
' powers and discretion over State constitutions auk
milted to ita approval without limitation, and thert
fore without control? 1 have not ao read the const
tution, and cannot think ao.
On the application of Territories to (readmitted int
the Union aa States, Congress may, indeed, admi
them, or refuse to admit them; but can it impon
any binding conditions of admission which are in
compatible with that precise and indispensable equal
ity among the States, in reference both to the sovc
reignty parted with and the sovereignty reserved
which the constitution at once allows and requiresestablishes
and secures? There is no one practice
equality more precious or prized than the exclusive
ness of the power, inherent in every new State, ti
determine for itself, without the "let or hindrance'
of Congreaa, what provisions its own conatitutioi
shall contain, iust as every other State which ha
entered into the Union has decided that questini
aforetime for itielf. Congress is, indeed, to tnki
care that each State provides itself with a "republi
can form of government," for none other could bi
adopted to abide the restraints, or realize the privi
leges, which khe constitution imposes in the oni
case, and confers in the other. Beyond this, and iti
general acquiescence in the usual and essential re
suits of substituting State for territorial forms of gov
ernment, nothing, in my opinion, is to be inferrec
from the admission or rejection of a State, of the assent
or dissent of Congress, either to the whole or tc
any of the particular provisions contained in its constitution,
which can he regarded as in any wise conclusive,
or even as authoritative. If future scruti.
nies shall make manifest a repugnance of any ol
them to the constitution, laws, or treaties of tht
Union, it would be past all the powers of Congrest
to protect, and hence nothing in the act of admission
could save them from the penalties of nullity and
avoidance, which the constitution itself denounces and
inflicts. On the other hand, those provisions which
are free from such repugnance, and obnoxious to
no objections, derive and have all their force and
virtue from the conventions which established the
State constitutions, and the people who accepted
them, and none whatever from the imputed but impassive
sanctions of Congress in admitting into the
Union the States which made them. If this were
otherwise, what else could follow, but that omendments,
made in State constitutions after the States
were admitted into the Union, being without the
sanction of Congress, would be held as less authoritative,
and therefore of slighter obligation than the
provisions contained in them at the time they were
admitted? Such discriminations would soon originate
the principle and arouse the incentive, and
those influences being brought to bear, would shortly
thereafter introduce the practice of submitting
all such amendments/and the State constitutions
themselves, to the revision and action of. Congress.
This would effect a practical revolution of the government?concentrate
all sovereignty in centralism
?and all that identity and distinctiveness with these
Suites preserve in federation, together with all the
inherent supremacy of each in the powers they have
reserved out of the grants which they made, would
disappear and be lost in the sameness and oneness
which would result from this centralizing jurisdiction
over the municipal sovereignty of the States.
Hence I do not think we can derive any aid in our
examination from the saving provisions contained
in the fourth section of the seventeenth article of the
constitution of Florida, and consequently that, if the
pending suits and processes in the superior courts
of Florida are to be saved from abatement, and
"keep day" therein, until the district court has been
organized and put in operation, we must go in quest
of authority elsewhere, and more adequate to the
purpose in view.
The three acts of Congress cited in the paragraph
of your letter, which I have quoted, inform us of
the courts in which the judicial power existing in the
Territory of Florida was vested, and of the jurisdiction
they were possessed of, at and before tne act of
the 3d of March, 1845, admitting Florida into the
Union. A careful analysis of these acts presents us
with these results:
1st. That Congress constituted and established in
ihe Territory two superior courts, and vested the
judicial power in them "and in such inferior courts
and justices of the peace ss the legislative council of
the Territory may from time to time establish."
2d. That, by virtue of those acts, the jurisdiction
conferred upon the superior courts, and which they
were seized and possessed of, at and before the passage
of the act of the 3d March, 1845, above referred
to, may be summed up as follows:
I. The jurisdiction derived from an act entiled
"An act to establish the judicial courts of the
United States," approved the 24lh of 8?ni?nW
1789, and the act entitled "An act in addition to the
ict entitled 'An act to establish the judicial courta
if the United States,1" approved the 9d of March,
1793} both of which acta ware extended to, and givin
effect in, the Territory of Florida, by the two acta
>f Congress you refer to?the one of the 30th of
tfarch, 1822, and the other of the 3d of March, 1833,
md vested in its courta these jurisdictions:
1st. Exclusive cognizance of all crimes and offences
cognizable under the authority of the United
J tales, committed within the respective districts,
ir upon the high seas, Ac. 1
3d. Exclusive original cognizance of all civil <
auses of admiralty and maritime jurisdiction, Ac.;
ncluaive of all seizures on land or sea, or on other I
raters emptying therein, Ac. <
3d Exclusive original cognizance for penalties i
nd forfeitures incurred under the laws of the United J
States.
4th. Cognizance, concurrent with the courts of '
he several States, or the circuit courts, of all causes |
rhere an alien sues for a tort only in violation of <
he law of nations, or a treaty of the United States. 1
5th. Cognizance in like manner of all suits at c
ommon law where the United States sue, and the j
latter in dispute amounts, exclusive of costs, to the ?
urn or value of $100; and of all other suits of a civil t
ature at common law, or in equity, where the mat- r
ir in dispute exceeds, exclusive of costs, the sum I
r value of $500; and where an alien is a party, or f
here the suit is between a citizen of the State f
here the suit is brought, and a citizen of another h
tate.
6th. Exclusive jurisdiction of all suits against ti
insula or vine consuls, save in certain esses, ex- tl
ipted in the first named act. o
7th. Power to hold special sessions of the courts p
r the trial of criminal causes?to take, and in cer- a
in cases to invest in others the power to take, ei
nl, Ac. '
II. In addition to the jurisdiction thus set forth, b
d thus derived, the acta of 1639 and 1833, above ti
ferred to, and of 1896, conferred and vested the >a
lowing jurisdictions in thoss courts : th
8th. Jurisdiction in ail criminal cases. y<
ted 9th- Exclusive jurisdiction in all capital caaei
uid 10th. Original and mpptUaU jurisdiction in all
the er Crimea and offences, committed against the lau
rve the said Territory.
in 11th. Original juriadiction in all civil caara in
on. and equity, whether arising under the laws ot
or said Territory, or otherwise, where the sum in
Uy troversy shall amount to f 100; and in all sui
which the United States shall be purties, whai
led the amount.
of 13th. Appellate jurisdiction in all civil cases
er, ginaling in the inferior courts of the Territory, is
ialt ever may be the amount in controversy.
I to 13th. All other jurisdiction of a general na
Led which pertains to courts of the Unilea Suites as s
to and per u, wherever they may be holden, and
ita form their functions.
ive Such were the depositories of the judicial jx
he in Florida, and such the jurisdiction which perta
ive to them.atand before the act of the 3d of March, 1
ns, by virtue whereof Florida was "admitted into
; it Union on an equal footing with the original Stah
he all respects whatever." It is all-important U> th
ial tuinment of right results in the premises, tha
ire should know, with all attainable precision, u,
he this act lakes effect, or took effect, upon the exis
nd government of Florida. Let us inquire, then,
fa I. Whether the act admitting Florida into
to Union took effect from and nfter Us passage.'
x- If it did, it is plain that the territorial governn
ire of Florida is at an end; and if the circumstancei
:s- tributed to the demise of the government have
if sued, its executive, legislative, and judicial pov
Ji- have shared its fate. The very offices through wl
-ts those powers were enforced and felt, are exti
10- The very functionaries who ministered therein, bi
he divested of jurisdiction, are void of authority. '
10 newly created offices not being filled up, arc vol
ot all capacities fur business, and destitute of all
he means to enforce authority. Suits, prosecutions
I processes, abated by inaction, are "without day
it in court, and a sullen inlerregnttm pervades all F
to ida. Chaos, seizing upon the sceptre of order, rei
to in triumph over reason and the laws, and all
rt mnat valued rip-htft nf ritirArmliin ?r#> under the
in pricious and ruthless dominion of the law of
a, strongest.
ht If these are to be deemed some of the general
jg necessary results of abolishing one government,
er fore and until another waa constituted to stand
m its stead, and perform its functions, they are
ie suits, of a surety, which Congress coula neit
in have designed nor expected. Its own orgs
e laws had called the territorial government i
is being, and, under .hntrican usages, hed parce
ir; out its jurisdiction to appropriate departments,
d express provision in the act of admission abroga
n these laws, to itu/atiii with ita passage; and iftl
i- were not abrogated then, how are tney abroga
o yetf If they stand repealed, it is plain that impli
h lion has overcome intention, and done it all. T
i- intention, of making the government and its auth<
n ty and jurisdiction survive the passage of the act
y ferred to, is everywhere conspicuous in the act ei
i. tied "An act supplemental to the act for the adn
i- sion of Florida and Iowa into the Union, and
i- other purposes," which was passed on the same <
with the act to which it is supplemental, and is o
0 erwise and plainly manifest. Proofs of this
it readily adduced:
e 1st. The lid section provides?"That all the la
i. of the United Suites, which are not locally inappli
I- Me, shall have the same force and effect within
- said Stale of Florida as elsewhere within the Uni
|t States."
What laws could those have been which were
il have force and effect in the State, but those whi
i. had previously "force and effect" in the Territory
d Florida, which could not have been "locally im
" plicable" until the territorial government, to whi
1 Congress had made them locally applicable, h
s passed away, in the presence, and by virtue of
i actual change of government, and when most
b those laws which conferred jurisdiction (as I sh
. show hereafter) will and must survive all changes
g government in norma.'
2d. The third section provides for the establii
B rncnt of a district court which shall be held in at
3 district, to consist of one judge, &c.,&c., who Bht
. in all things, have and exercise the same jurisdicti
. and powers, which were by law given to the judge
| the Kentucky district," &c. All this is the language
. the future and not of the present. The judge is to
i appointed. The "jurisdiction and powers" are
. be vested in him. They cannot vest until he is a
. pointed, and then, and not till then, he "s/i
. nave and exercise the jurisdiction and power
' intended to be conferred. And what becomes
i the "jurisdiction and powers" ad interim? A
i they in alicynncei' The act does not say s
i No reason is assignable why it should be so. P
! eonllicl or repugnancy can arise, unless and un
| there are two judicatures in esse, claiming the invei
i iture and exercise of the same jurisdiction. P
i motive to produce an interregnum is attributable
Congress?no purpose of doing so is anywhere ma
ifest; and in the silence of the laws, and where tl
motive and the purpose are both wanting, it wou
be both illogical and visionary to concluuc that sui
an effect had been wrought.
3d. The sixth section provides "that there slu
be allowed to the judge aforesaid an annual compel
sation of (2,000, to commence from the date of his a
pointment, to be paid quarter-yearly at the treusui
of the the United States." This vests an unqualific
discretion in the President and Sennle to determii
when ihe appointment ahull be made, and allow
them an indefinite locus penilentice in which to cot
cur and fix their choice; and thua at one nnd tli
same time legalizes such delays lis may intervene
and saves the office and its jurisdiction from lapsini
for non-user, ad interim.
4th. The appropriation act, whose passage bear
even date with those of the two acts referre
to, (3d March, 1845,) provides for the paymer
of the public functionaries, who administer the terr,
torial of Florida, in its various departments, by vii
tue of previous laws and appointments, until the;
shall be regularly superseded by the organization c
(he substituted Stale government, and of the newly
created district court of the United States for tn
State of Florida.
5th.' In point of fact, none of the disastrous re
suits attributed to the immediacy with which the ac
was supposed to take effect, from and after its pas
sage, have ensued. The old government remain
in full and effective operation. All the public offi
cers continue to perform the duties and receive th<
salaries which prior laws prescribed and establish
ed. The courts are sttll open to all to enforce theii
rights and redress their wrongs; penalties are stil
exacted, and punishments inflicted, for disobedienci
to the laws; and all submit, and none complain
Pr^U^II.. I .1 > r
?...ww.o, we ?, us yei, nas oeen wilii
out effect; and aa similar delays attended the en
trance of all the other new States into the Union,
and no intrrrrgnum took place in any, we are bound
to conclude that these practical results were at onct
foreseen and designed. Both in fact and in pur
pose, then, the territorial government of Floridj
survives the passage of the act of admission. None
attribute to that measure instantaneous effects upon
the existing state of things. The government ol
the Union still maintains and exercises its accustomed
authority over the people of Florida, and
they still recognise its power and jurisdiction, and
submit to its authority. We can expect, therefore,
nothing less than that this state of tilings will continue
as it now is, up to the time when the State
government shall be organized and put in operation:
and, consequently, that the superior courts, with all
the branches of jurisdiction which the analysis I have
made in a previous page enumerates, (from No. 1
to No. 13, both inclusive,) and assigns to them,
will remain unchanged during that interval. Our
next inquiry will naturally be:
II. What changes will be wrought In the exng
state of things by the actual organization of the
State government, and its entrance upon the functions
assigned to it, by its own constitution, and by
the constitution and laws of the Union?
An essential and immediate consequence must be,
to put an end to all the executive and legislative
functions which are incompatible with the supremacy
and exclusiveness of all that municipal sovereignty
which the States hold in reserve, and,
while this Union lasts, may not part with, nor this
government acquire. Upon the judicial power, the
effect of the change will be far less thorough and
radical, because the most important portions of that
jower must survive all changes which are made.
The third section of the supplemental act referred to
ipecially provides, that the district judge, to be apjointcd
under that act, "shall in all things have and
ixercise the same jurisdiction and powers which
sere, by law, given to the judge of the Kentucky !
listrict, under an act entitled 'An act to establish the '
udieial courts of the United States.'" What
luch "jurisdiction and powers" are, are ascrrnined
and condensed in the synopsis, (already
iresented.) wherein they are enumerated from
fo. 1 to No. 7, both inclusive; and which are thereore
not only now in force, but are to remain in
orce after all shall have been accomplished, which
*>th acts of Congress may have designed. The
uperior courts will retain, furthermore, that porion
of jurisdiction which they acauired under the
lie act of 1896, and which gives them cognizance
f all suits in which the United States snail be a
arty, whatever be the amount in controversy; and
lao such further jurisdiction aa is referred to, and
mbraced in, Ns. 13, of the synopsis 1 have made,
is unnecessary to decide, at this time, what will
t the duration of the two branches of the jurisdicon
last referred to, further than to say (and such
my opinion) that they will last quite aa long aa
is courts upon which the* were conferred. Bejnd
then, no portion of the jurisdiction vested in
i. the superior courts, by the several acts of Cong
oth- of liStci, '23, and 126, will, in my judgment, sur
-j of the change of government, toktn it it rfftcUil.
But it may oe said, that jurisdiction is one lit
law and its depositories quite another. That jurisdic
' the may survive the event which changes the dep
con- tones. So it may, token Ike changes take place
ta in do not question all the efficacy of the fourth
lever tion of the XVIIlb article of the Florida const
lion to transfer from the superior courts all st
i ori- prosecutions, and processes, appropriate to
rhat- Suite tribunals, and where it shall appear that
concurrent jurisdiction of the superior courl
lure, taken away as aforesaid, as soon as the State le
uch, lature of Florida shall have prescribed the occai
per- and the tnotlut in which it sliall be done. Furl
than this, I contest its jurisdiction to go. I reg
>wer the provisions of its constitution quite as im
ined tent to abolish the superior courts, as I havt
845, ready maintained it is impotent to presr
the them. The doctrine would be as novel as it wc
w in be mischievous and disorganizing, that the ?
e at- authorities were competent to abolish
t we courts of the United States, or to dis|>ose of, or
'hen lurb, the government causes pending thither. '
iting superior courts of Florida were constituted and
tablished by Congress, and in the exercise of
the rightful authority; the judges, the district attorm
and the marshals, who minister therein, were
nent pointed by the President and Senate of the Un
i at- States, and they are paid out of the common tree
en- ry of the Union. Hence, though their functi
vera may be restricted, and their jurisdiction ubridg
lich under the new order of things, both the functio
net. riesand the offices will outlive the change of govt
eing ment, and for such length of time as Congress |
Die mils. If the State authorities of Florida n
d of abridge the duration of the superior courts, and c
the trol or disturb them in their allotted jurisdiction i
and functions, or put an end to the government cau
" in pending therein, what forbids their wielding a 1
'lor- control over the district court, and the jurisdicti
gns and functions, and causes, of which it may be si
the ed and possessed, whenever the public aulhorii
ca- of this government may put it in operation?
the Upon the whole, 1 am of opinion that the super
courts huve at this time, and will continue to "ha
and until the State government is put in full and effect
be- operation, all the powers and jurisdiction they p
1 in sossed at the time that the act for the admission
re- Florida into the Union was passed; that the fu
her tionaries who minister therein are as competent n
tnic as heretofore to the performance of all their duti
nto and that the causes pending therein at the time
lied the passage of that act, or since that time, m
No "keep day" in court until regularly disposed
ited 1 thither, unless before theu the State governmi
ley shall be put in operation; and thut, from and at
ted that time, that portion of the causes pending there
iea. appropriate to the State tribunals, may be transfer]
hat thither for prosecution and trial. Hence, and fi
)ri- theimore, my instructions are, that the governnn
re- suits, prosecutions, and processes, pending in t
nti- superior courts be proceeded in, and that new su
lis- and prosecutions (appropriate to their juriadictii
for be instituted therein, precisely as if the act for t
Jay admission of Florida into the Union had not be
th- passed.
are Very respectfully, your obedient servant,
SETH BARTON,
wa Solicitor of the Treasury.
ca- Thos. Docci.a?s, esq.,
the K S. Attorney, Jacksonville, E. Florida.
ted!
Attornet General's OrricE,
to April 18, 1845.
ich Sir: I have had the honor to receive your coi
i of munication of the 12th instant, referring to me a Ii
a p. ter addressed to you by the Solicitor of theTreasu
ich of that date, anu asking my opinion in writing i
iBd the questions therein presented for your consi
an eration.
of By the first section of the act of the 3d Marc
all 1845, it was enacted: "That the States of Iowa ai
of Florida be, and the same are hereby declared, to I
States of the United States of America, and a
ih- hereby admitted into the Union, on equal footii
lid with the original States in all respects whatsoever
ill, The judicial system established by the laws of tl
on United States for the Territory of Florida, was
of full force at the time of the passage of this at
of When she becomes a State of the Union, and
be what time the jurisdiction of these courts shall term
to nalc, whether on the passage of the act, or when In
ip. organization (hull have been completed, by her ow
n 11 State authorities actine' under her Suite eonatiliilin
i" us lo all subjects within the control of her legislator
of and as lo others, by the complete organization of tl
re federal courts authorized by the act supplemental
10. j to the act before referred to, arc questions of muc
to interest. They are, however, questions for the ji
til diciary itself, and must be settled by the courts,
it- will only remark that it cannot be presumed to hat
to been the intention of Congress to have produced a
to abeyance of all government in Florida, from tli
n- passage of the act of admission to th? organizatio
lie of the new order of things; that there was to be n
Id government, executive or judicial, und no laws e>
;h ccpt the fundamental law established by their cor
stitution. On general principles, I am clear in th
dl opinion that this is not the result; and such he
a- been the practice, it is believed, in at least ten of th
p. thirteen new States heretofore admitted into th
y Union. I therefore entirely approve the course ir
>d dicated by the Solicitor of the Treasury, of it;
ie structing the district attorneys to proceed wit
rs the business of the United States in the exisi
i- ing courts. But. as 1 have before remarked
ie this is a question of judicial authority on whicl
s, my official opinion would have no controlling in/lu
encc with those on whom its decision devolves.
The only question involting executive authorit;
s and action is, Have you now, in the recess of tlr
d Senate, the power to appoint the district judge, thi
it district attorney, and the marshal, whose office
i- were created by tho act supplemental to the act fo
- the admission of the States of Iowa and Florida in
y to the Union, approved 3d March, 1845?
if The question has often occurred, and the interprets
tion of the constitution has l>eeii so well eslablishct
e that I cannot doubt on it. If vacancies are knowr
to exist during the session of the Senate, and noml
nations arc not then made, they cannot be filled bj
t executive appointments in the recess of the Senate
And the rule is the same where offices are created
9 by law, taking effect during the session of the Senate,
and no"nominations are made. As the act re?
ferred to made no provision for the transfer oi
causes, it is perhaps fortunate, and may have been
expected by the Senate, that no appointments can
be made until the next meeting of Congress.
, I have the honor to be, respectfully, sir, your obedient
servant,
JOHN Y. MASON.
To the President.
i " BY BOTELER, DONN.^TcO
| AUCTIONEERS.
. Sole of Splendid Furniture, Large Mirrors, Syc., at
i Auction.
ON Wednesday morning, 7th inat, at 11 o'clock,
we shall sell, without reserve, at the residence
r at Emlan Physic, dsq , on north B street, east of the
. capitol, in the house formerly occupied by the Hon.
| Richard M. Johnson, all the furniture is said house,
| which is of the most superior description; embracing
in part the following articles:
Splendid mahogany piano and stool, Egyptian
i marble-top sideboard, 3 pair magnificent gilt frame
, mirrors, (original cost 91,300.) Egyptian marble
1 top centre table, 3 mahogany sofas, mahogany
i lounges, divans, mahogany dining and extension tables,
ottomans, mahogany hat rack with mirror,
large mahogany chairs, mahogany card tables, mi'
hogany rocking and arm chairs, mahogany centre
tables, marble-top and mahogany washstands, mahogany
French Bsis tends, best feather beds, curled
hair matresses, mahogany and marble-top dressing
and plain bureaus, cottage and silk-covered chairs,
astral and solar lamps, gimridnles, set of branch
lamps with rich cut prisms, gilt circular candelabras,
gold band and white French china, cut decanters,
tumblers, and wincJ, toilet sets, Brussels and ingrain
carpets, hearth rugs, sick chair, brass andirons,
fenders, shovels and tongs, straw matting,
mahogany butter tray, cooking stove, and a good
assortment of kitchen utensils, <fcc.
It seldom occurs that such furniture is offered at
auction; the attention, therefore, of those in want of
such articles is particularly called to this sale.
The terms will be cash for all purchases of and
under $50; over $.ri0 and not exceeding $100, three
and six months; over $100, three, six, and nine
months, for approved endorsed notes, bearing interest.
BOTELER, DONN & CO.,
f May 2?4t Auctioneers.
/"COPARTNERSHIP.?WM M. RANDOLPH
VV has this day associated with him Mr. F. L.
KELLER, of this city, in the grocery and commission
business, which will be continued under
the firm of RANDOLPH & KELLER. In consideration
of the change, it is of great importance
to have the accounts closed; therefore an early settlement
of the same, either by note or cash, will be
exceedingly obliging.
May 1?3t WM. M. RANDOLPH.
ARA80LS AND PARASOLETS?We have
opened? I
1 carton extra rich parasols, fringed, and inlaid
handles I
I carton medium and low-priced parasols/ all i
colors I
1 carton dark green parasols
3 cartons paraeolets, some extra rich i
D. CLAGETT 4 CO. <
May 1?3tif c
miscellaneous.
mc - i i
rOR THE UNK
uon TEXAS.
OHl- BY JOSEPH P. BROWN.
1 "Those boundless, unshorn At Ida. where lingers yet
Bee- The beauty ol the earth, e're man had sinned."
[& Lincoln Fairji
Ills There's a land in the South, where the foreat it grecr
' And the flowers in their blossoms ever are seen;
"e Where on. and atill on, far aa the eye caii behold,
the u a wide sea of crimson, of purple, and gold?
IB is With its lilies ao white, and its rosea so red;
trjg. Like a carpet of green from Paradise outspread.
J; The prairie appears- all spangled and bright
lion Aa an altar-deck'J rjueen on her ftrat bridal night;
ther Where the tlowers are atir'd by the zephyr's motion,
;ard As ripnlea are atir'd on the breast of the ocean;
jlK)_ And nil radiantly they sparkle with every dye
1 . That glows on the earth, or that blends in the sky;
5 at- While Flora presides o'er ita valley* and hills,
!rve And ihe sun never scorches, the frost never chills;
iuld v IV'here winters ne'er come, and where summers ne'e;
Into ^ unhlaated by tempest*, unshroudt d by Aiiow;
. Where the red man now kneel?, a* his fathers have V
l?e For his sachems tell, here the tireat Spirit once dwe
die- While the beautiful livers thro' the forests so wild
fhe Btill prattle and sing like an innocent child,
At they leap, in joy, from many a mountain cave,
. And mingle their white foam with the ocean's dark w
118 Where the oak is oppressed by the close-clinging vin
;ys, And the old rocks are illumined by the glittering mil
Hp. Where fountains of water have eternally gush'd,
iteil vo*ce of the uightingale never it hush'd;
Where the birds from the North iu our autumn willthi
ISU- And the bills of the warblers are ever in song;
one Where angels of bliss on the sward may stili tread,
re(| And yet bear the bright light that their sandals will i
' 1 All undimm'dby one blot, and unsuil'd by one stain,
,nft" Hack to their glad homes iu the joy-land again,
irn- In that Eden of earth in that beautiful clime,
ier- Voung Freedom has kindled her watch-Ares sublime!
la And her "lone star'dMtlag is a glorious token,
' That the chain of the tyrant forever is broken,
on- That the waves ol' the sea in deep slumber shall stop
ind That the star* from high heaven like hailstones shall dj
ihck Before a despot or king henceforth can tread down,
ike bun*less in squI, and the mighty in renown:
That rous'd by the summons of trumpet and drum,
OB, From mountain and river, from exile thev'll
31Z- Leave the iorett and field?leave the city and cot?
tics L**t their brides he forsaken infection forgot,
And all but the last, and the holiest flame,
That glows for their country through glory and shan
'10r
vp That "single star" now, with its radiance undimm'd,
. Will hymn where its nroud sisters so long have hymi
*ve On our own "spangled banner," that more dearly wet
08- Than the hero nis garland, the miser his gold;
i of While red rockets flash out, and bright beacon-fires hi
n And a million hearts leap at this Pleiad's return.
Tis a bliss that the patriot can taste not again,
Though the gems ol a Timour flash in his train:
es; 'Tis a joy that the world cannot yield to him now,
of Though the wreaths of a Ctcsar descend on his brow,
ust ;
Of THE CURTAIN LECTURES.
We are anxious to diversify our columns by
jn< occasional introduction of miscellaneous articles
ed turn from the great staple of politics to the tighter <
L,r" bcllishmcnts of literature, science, and the arts; fi
he "f?rave 10 gay"?the rest of the quotation, "ft
its serious to severe," does not so well suit the purp
?) in hand. And where can we meet anything m
gay and badinage than the Curtain Lectures of \
Caudle, of ihe London Punch? Many of them h
been circulated in various papers throughout <
country. Several of them have appeared in
Globe; but as we flatter ourselves "The Unit
may extend its circulation to a considerable <
tance, and to various subscribers who have not e
heard of the celebrated Mra. Caudle, we will t
their republication in our rising sheet,
el- Curtain Lectures.' At the very sound of the o
ry nous epithet, the hen-pecked husband lifts up
ears, and his heart trembles; nnd here, we can ass
him, they are finished off in the highest style,
h, subject escapes the ingenuity of the termagant M
>d Caudle. She is constantly laying her tremb)
^ consort upon the ted of torture. But these leclu
may be readily parodied to suit the occasion. 1
." querulous husband might turn the tables upon
imperturbable wife; yet it happens, from some co
or other, that the curtain-lecture system seems to
at peculiarly appropriate to the feminine gender. Tli
ii- original author in "Punch, or the London Chi
Er vari," was the unfortunate Laman Blanchard. Sii
Jn his untimely death, and thut of his wife, the lectu
e, were continued, after the first six, by another hai
te ?
y From the London Ftincli
h line o?nni no citiit ? i?t r
viiUL'uu o Vy uH1 UX LiLUl UltLd
I]
LECTURE I.
c Mr. Caudle has lent five pound* to a friend.
" "You ought to bo very rich, Mr. Caudle. I wc
16 per who'd lend you five pounds! But .so it is;
n wife may work and may slave! Ha, dear! the mai
? things that might have been done with five poum
t" As if people picked up money in the street! 1'
' wanted a black satin gown these three years, ai
ie five pounds would have pretty well bought it. 13
18 it's no matter how I go?not at all. Every boi
e Bays I don't dress as becomes your wife?and
e know it: but what's that to vou, Caudle? Nolliin
Oh, no! you can have fine feelings for every bot
l_ but those belonging to you. 1 wish people kne
I' you as I do?that's all. You like to be called li
era!?and your family pays for it.
'> "All the girls want bonnets, and when they a
^ to get 'em I can't tell. Half five pounds would ha'
~ bought 'em?but now they must go without. (
course: they belong to you; and any body but yot
1 own flesh and blood, Mr. Caudle.
8 "The man called for the water-rate, to-day; but
e should like to know how people are to pay taxi
8 who throw away five pounds to every fellow th
r asks them.
"Perhaps you don't know that Jack, this mornini
knocked his shuttlecock through the bed-room wit
" dow. I was going to send for a glazier to mend i
' but after you lent the five pounds I was sure v\
1 could'nt afford it. Oh no! the window must go as
is: and pretty weather for a dear child to sleep wit
' a broken window. He's got a cold already on h
- lungs, and I should'nt at all wonder if that broke
' window settled him ; if the dear boy dies, his dcat
will be upon his father's head; for I'm sure wc can
' now pay to mend windows. We might, thougl
1 and do a good many more things, if people dia'r
1 throw away their five pounds.
I ttXT * rn J ? 8
xicai i uesuay, me nre insurance is due.
should like to know how it is to be paid. Why, i
can't be paid at all. The five pounds would hav
just done it; and now, insurance is out of the ques
tion. And there never were so many fires as ther
arc now. I shall never close my eyes a'l night; bu
what's that to you, so people call you liberal, Mi
Caudle.' Your wife and children burnt alive in thei
beds?so all of ur to a certainty shall be, for the in
surance must drop. And after we've insured for si
many years! But how, I should like to know, an
people to insure, who make ducks and drakes o
their five pounds?
"1 did think we might go to Margate this sum
mer. There's poor little Caroline, I'm sure sh<
wants the sea. But no, dear creature, she mus
stay at home; she'll go into consumption, there's n<
doubt of that; yea, dear little angel! I've made u|
my mind to lose her now. The child might havi
been saved; but people can't save their children anc
throw away their five pounds, too.
"I wonder where poor little Cherub is! Whilt
you were lending that five pounds, the dog ran on
of the shop. You know 1 never let it go into the
street, for fear it should be bit by some mad dog
and come home and bite all the children, li
wouldn't now at all astonish me, if the animal wai
to come back with the hydrophobia, and give it tc
all the family. However, what's your family to
you, so you can play the liberal creature with five
pounds?
"Do you hear the shutter, how it's banging to
and fro? Yes, I know what it wants as well as
you?it wants a new fastening. I was going to send
for the blacksmith to-day. But now it's out of the
question; now it must bang of nights, since you
have thrown away five pounds!
"Well, things have come to a pretty pass! This
is the first night I ever made my supper off roast
beef without pickles. But who is to afford pickles
when folks are always lending five pounds?
"Ah! there's the soot falling down the chimney.
If I hate the smell of anything, it's the smell of soot.
And you know it; but what are my feelings to you?
Sweep the chimney! Yes, it's all very fine to say
sweep the chimney; but how are chimneys to be
swept?how are they to be paid for by the people
who don't lake care of their five pounds ?
"Do you hear the mice running about the room?
I hear them. If they were only to drag you out of
bed, it would be no matter. Set a trap for 'em!
But how are people to afford the cheese, when every
day they lose five pounds'
"Hark! I'm sure there's noise down stairs. It
would'nt at all surprise me if there were thieves in
the house. Well, it may be the cat; but thieves
are sure to come in some night. There's a wretched
fastening to the back door, but these are not
times to aflonl bolts and bars, when fools won't
take care of their five pounds!
"Mary Anne ought to have gone to the dentist
o-morrow. She wants three teeth taken out. Now,
it can't be done. Three teeth that quite disfigure
he child's mouth. But there they may stop, and
ipoil the sweetest face that ever was made. Othervise
she'd been a wife for a lord. Now, when she
prows up, who'll have her? Nobody. We shall
lie and leave her alone and unprotected in the
world. But what do you care for that? No
an you can aquander away five pounds.
( "And now, see, Mr. Caudle, what a n
you've brought upon your wretched Tamil
can't have a aalin gown?the girls can't hav<
bonnets?the water rate must stand over?Jack
l get his death through a broken window?ot
insurance can't be |>aid, so we shall all Tall vi
to the devouring element?we can't go to Mn
' and Caroline will go to an early grave?th
will come mad anil bile us?the shutters w
banging Torever?the soot will always Tall
mice will never let us have a wink oTsleep?th
will tie always breaking into the house?an
dear Mary Anne be Torever left an unprol
maid?and all, all, Mr. Caudle, because you w
on lending five pounds!"
Mr. RtlSH ON THE OSEOON QUESTION. We
that Mr. itush, late plenipotentiary at the coi
' ' London, is about to publish a continuation o
ineit, "Memoranda" oT that embassy, which will
It. brace his negotiations Troni the year 181'J to
when all the important questions in dispute bet
the two countries were Tully examined
rave; thoroughly analyzed by the plciiipotentiariei
both sides.
'*> These comprehended the Oregon question,!
an all-absorbing subject,) the boundary line, tin
rong, navigation oT the St. Lawrence, right of scorch
i ne uiciuenia 01 inesc negotiations were full]
,hcd down, from lime to lime, in hie memoranda;
' hie elaborate despatch, throwing the most im
ant light on these subjects, (addressed to the go
ment when the negotiation!) failed,) will, for the
time, be given to the public, and most eaj
sought after, no doubt, by all who w isli for info
tion respecting the present disputable question
rol>" tween the two nations.
The work will, besides these subjects of dee;
terest, contain descriptions of society, men, i
ncrs, &c. of the learned, polite, and gay, with w
the author was in the habit of constant and fan
intercourse in London.?A". Y. Com. .Idvertistr.
ie. 1
Gov. Thomas and Da. Ttler.?We learn I
Pd, the Federick Herald that early in the past weel
lold, Dr. Tyler was coming out of the barber's shoj
met Governor Thomas on his way into it. Su
lrn' sing, either cdrrectly or falsely, that the latter
about to make eri nMonnll nnnn Ni... t- ? 1
cane over the latter, when persona in the neigh
hood interfered and separated then). On the oh
of commencing the assault, the doctor was arre
for trial before the magistrate court.?Bolt. Sun.
the Rev. Ma. Johns.?The Rev. Mr. Johns, of CI
; to church, Baltimore, was to preach in Bartholomt
,m_ church, Lafayette place, New York, both mori
and evening yesterday. It is said in New V
om that he is the most probable successor of the I
om Dr. Miinor, provided Dr. Tviig, as is cxpec
oge should be elected bishop of Pennsylvania by
convention of the diocese which meets next nu
or at Philadelphia.?Bull. Sun.
Ira. i .
ave TRANSPORTATION OF NAVAL STOR?
our
the Navv Department,
? Bureau or Provisions and Clothing,
'n May 1,1841
I8~ "PROPOSALS, sealed and endorsed "propo
ven IT for freight to China," will be received at
isk bureau until 3 o'clock, p. m., on Thursday, the 5
instant, for the transportation of 4,000 ban
(more or less,) in bulk, of government stores, fi
ml" the navy-yard at Charlestown, Massachusetts
his the port of Macao, in China. Offers must ape
urc the price per barrel, without any distinction betw
tvt- wet or Hru ? i.?irr?-?A
HO - ?/ Ul U?M1
ment goods, and thirty gallons to the gauge of
casks not usually called barrels, to be consideret
ing barrels, whatever they may contuin. No prim
res to he allowed; and fifteen fair weather working
['he days to bd allowed at each of the ports of Chat
town and Macao for taking in and discharging cai
"'8 Proposals must state the description, the na
use and the condition of the vessel; and she must j
be the usual inspection, and be ready at the navy-y
at Charle8town to receive cargo by the 15th da;
1 ir June next. Bids not conforming in all respect
lrl* this advertisement will not be considered,
nee To be published "once a week until May 29 in
rea Union, Constitution, and Intelligencer, Washi
. ton, D. C.; Evening Post, Morning News, Plebt
" Journal of Commerce, Sun, New York; P
Times, Courier, Boston; Eastern Argus, Portle
' Maine.
Proprietors of the above papers will be plcaset
send a paper containing the advertisement to l
bureau.
May 1
"a GRAND SCHEMES.
iy ?
,s! J. G. GREGORY & CO. MANACERS.
ve
id
ut 30,000 DOLLARS,
ly ALEXANDRIA LOTTERY,
I I Class 19, for 1845,
g- To be drawn at Alexandria, D. C., on Saturd
ly May 10, 1845.
b- #30,000?#10,000?#6,000?#3,140?#3,00O?#2,1
#2,000?50 prizes of #1,000.
re &c. Ac. Ac.
re
5f Tickets #10?halves #5?quarters #2 50Jr
Certificates of packages of 25 whole tickets #130
Do do 25 half do 65
I Do do 25 quarter do 32
ES
Rl $30,000 CAPITAL.
ALEXANDRIA LOTTERY,
Class 20, tor 1845,
To be drawn in Alexandria, D. C., on Saturdr
ll: May 17, 1845.
'.e XLENDII) SCHEME.
'' #30,000? #10,000?#6,000?#5,000? #3,658--#2,5
h 100 prizes of #1,000?100 prizes of $500.
18 Ac. Ac. Ac.
" Tickets #10?halves #5?quarters #2 50.
, Certificates of packages of 26 whole tickets $130
' Do do 26 half do 65
b Do do 26 quarter do 32 .
$3(K000.
i, ALEXANDRIA LOTTERY,
e Class No. 21, for 1845.
To be drawn in Alexandria, D. C., on Saturdu
c May 24, 1845.
it
BRILLIANT SCHEME.
#30,000?#10,000?#5,000?#3,000?#2,500?
. #1,017?100 prizes of #1,000, Ac.
9 Tickets #10; halves #5; quarters #2 50.
b v/cruncHirB 01 pacungcs 01 aa wnolo lio.Kcts $!.??
f Do do 25 half do 65
Do do 25 quarter do 32 i
e Capital $30,000.
1 ALEXANDRIA LOTTERY,
| Class 22, for 1645.
> To be drawn in Alexandria, D. C., on Saturday
I May 31, 1645.
SPLENDID CAPITALS.
s $30,000?$10,000?$6,000?$5,000?(4,000?
t $2,500?$2,000?$1,747?25 prizes of
, $1,000?25 of $500, Ac.
t Tickets $10?halves $5?quarters $2 50.
t Certificates of]packages of95 whole tickets $130
i Do do 25 half do 65
Do do 25 quarter do 32 5
Orders for tickets and shares and certificates c
packages in the above splendid lotteries will receiv
the most prompt attention, and an official accoun
of each drawing sent immediately after it is over ti
all who order from us. Address
J. Q. GREGORY A CO.,
Managers, Washington City, D. C.
April 22?2aw4wdAcif
VALUABLE PROPERTY AT AUCTIONOn
Monday, the 12th day of May next, at hal
past 4 o'clock, we shall sell in front of the premises
lots 26, 27, and 26, in square No. 729, with the im
provements. which are one three-story and one two
story brick house, containing each six rooms; and f
large frame house built in cottage style, containing
12 rooms. The houses will be sold separately.
Terms of sale: One-fourth cash, balance in eqtta
payments of 6, 12, and 18 months, for notes bcur
ing interest. A deed will be given and a deed ol
trust taken to secure the payment of the notes.
R. W. DYER ? CO.,
April 17?eodts Auctioneers.
C. H. BRACKETTE,
ATTORNEY AND COUNSELLOR,
LOUISVILLE, EX.
Collections made in Kentucky and Tennessee.
Also,
Titles to real estate examined, Ac.
Dec 5?ly
CLARET AND"8AUTERNE "WINES.?A
constant supply ofthees wholesome table wines,
direct from Bordeaux, for sale by the cask or by the
single dozen. At
JULIUS A. PETERS*
Wine store, Pa. ax., near lOtk street.
Jan 16
thing; FROM OUR REGULAR CORRESPONDENT.
littery Philadelphia, May 3, 1845.
? new The atalements in regard to the disturbance at
must l'le great Oregon meeting, held on Thursday last, in
tr tire tins city, must be taken with many grains of allowcums
unce, it wn, nut occasioned by a disagreement be?dog
tweel1 the friends of Messrs. Buchanan and Daltill
go las?nor did it grow out of any movemcuts looking,
?tne even remotely, to "the succession." This you may
neves re| upon us the fact Those who attempt to creel
our ', , r
ected ule dtllerences now in the democratic party, in reill
go gard to the next presidency, are not only the worst
enemies of those whose pretensions they affect to
sustain, but are the most dangerous of the democratic
party. Those who endeavor to create the imi
.' nression that the disturbance at the square, on
Thursday, grew out o( a disagreement between the
friends of two of our most distinguished statesmen
' ?or resulted from an effort bearing upon the sucwee'|
cession?slate what they know to be falae, and
"" what they ran only assert for the worst purposes.
' There are. no dissensions here in regard to these
. eminent Petinsylvanians; and it is folly to make
' - w either of them responsible for the tumult of Thurs"
day lust. The true cause of that difficulty grew out
; of sonic ullcged unfairness at the preparatory meet- ,
' ~7 ids"a"
In regnrd to Oregon?in regard to Texas?our
Por " claim to the soil of the one, and our proposal to the
"^rn" people of the other, there ia no difference in the
' | democratic party of Pennsylvania. I might add,
ierly with justice, that the people, without distinction of
rnm" party, in this great Stale, are urdently in favor of i
8 the sentiments of President Polk, in his inaugural^
address, in regard to both of these gieat questions, i
s ln" and will sustain him in all measures, to preserve the '
!'lan" national honor and the national rights.
\om F. P. Bluir, esq., late editor of the Globe, is now A
in this city, and is staying at Jones's. A number
of his political friends have called to pay him their
respects. Wliatever may have been their admiration
rrom 0p t[le mnny noble traits in the. character of this
*, as truly able and excellent man, the magnanimous oon
'? | duel of himself and Mr. Rives, in the disposal of
PP?" their establishment to its present owners, was such
*8" as to command the reaped and applause of all par"ls
ties. Mr. Blair is in good health and spirits, con"
sidering his arduous labors of the past six months.
arR? At the pressing importunity of his eldest son,
'ted ho remains in Philadelphia to have his portrait
drawn by the distinguished pencil of T. Sully.
The semi-annual August instalment of the State
trial interest cannot be paid in full out of any proceeds in
:w's the State treasury, but exchequer bills will be issued
line for the balance, to be redeemed out of the first moneys
'ork that may be received. Tkt ability yf Pennsylvania
lev. to meet alt htr engagement* is beyond dispute Had
ted, the advice of Governor Shunk been followed by the
the legislature, 110 difficulty would have occured in the
>nth payment of the interest, punctually and in full, after
the 2*t of August. The gradual and prudent proeess
pointed out by the executive, would have proven
jg, successful, as all are now willing to admit. As it
is,?with the present economical management of our
public workB, and the certain prospect of increased
revenues for the new fiscal year, with a determma5.
lion on the part of the administration to secure a
sals aPeedy Paymenl our t"*?*i?no apprehension
, need to be entertained in future in tegard to the
? . maintenance of our faith. The Philadelphia riots
. ot last year, and the Pittsburgh fire of last month,
' have abstracted from the funds of the State at least
to $120,000?a sum which, under present circumstances,
is of the last importance to the Slate. It
* y is not likely thut the State will be called upon to
pay any extraordinary expenses during the ensuing
all year'
j u8 Governor Shunk has appointed J. N. Purviance,
esq., of Butler couuty, Auditor General, and Hon.
lav dno' I^,l,ort',i ?'" Bradford county, Surveyor Gen,j
eral, of tne State. I know both these gentlemen
well. They are public men of high standing and
mo' IS1 *' public and privato integrity, and will make ca
iass Pul)le a"d efficient officers.
urd Philadelphia is responding with the utmost lib.
o(- cralily to suffering Pittsburgh. The committees
s to 'inve no.1 yet completed their operations; but
enough is known to insure us in saying that
the amount collected will be worthy of the
me- feat commercial emporium of Pennaylvaia. The
ian umount already forwarded from this city is $25,000,
est' an<* t'le 6?01' work is not yet finished. The loss of
uid' people of Pittsburgh, instead of being only
' $3,500,000, as nt first reported, is over $9,000,000!
j t0 The subscriptions, from the different parts of the
|hj Union, are not expected to amount to more than
$300,000. This sum, however, will place the needy i
above all privation, and enable many a poor fellow ,,
to mend his ruined fortunes. It is a noble spectacle,
and one that speaks eloquently in favor of human
nature, to see the manner in which the country has
responded to tho call of a bereaved and stricken city.
Every hand seems to have contributed a little? ill
seem to have been inspired with the glorious purpose
of doing good.
The annual convention of the Episcopal church,
in this diocese, will assemble in Sl Andrew's church,
in this city, on Tuesday, the 20th inst. at 6 o'clock
' ' in the evening. The election of a Rishnp is the most
important subject that will arise before this body.
^00 The church is looking with great solicitude to the
result of this election. The division, or party, now
existing in the Episcopal church, has arrived at
such a height that every contest or question is regarded
by each division as a means of ascertaining
its relative strength, and each seeks to achieve .
a triumph over the other. Both the "high" and
jjy "low" church divisions are making strenuous exertions
to insure success. Money to a large amount
has been collected, in order to defray the expenses
of such clerical and lay deputies as are too poor to
undertake the journey hither upon their own resources.
The diocese, it is thought, has been quite
iy> accurately polled, and both parties seem sure of
victory. The "low" churchmen have one advantage,
thus far: they are united upon their candidate?
the Rev. Dr. Stephen H. Tyng, of this city. He is,
of course, a "low" churchman, but he is only so
comparatively: for he is very "high" when contrasted
with those frenuentlv denominated "evsneel
ical" churchmen. ITic high churchmen have not
determined positively upon a candidate?at least so )
far as the unitiatcd ate aware. The following,
among others, are spoken of: The Rev. Dr. Dorr,
of ChriBt church, Philadelphia; the Rev. Mr. Atkinson,
of Baltimore; the Rev. Dr. Horatio Potter, of i
Albany; the Rev. Dr. Bowman, of Lancaster, Pa.; ;
and the Rev. Dr. Mead, of Connecticut; indeed, a
y> column might almost be filled with names. According
to the constitution of the church, the clergy arc
to nominate one of their number by ballot, for
bishop; and if the lay order approve of it, he is duly
elected. In this nomination and appointment, a majority
of each order shall determine a choice. Twothirds
of the voting clergy, and two-thirds of the
voting laity, must be present at this nomination and
... election, otherwise two-thirds of each order are necessary
to determine a choice. According to the
regulations of the church, it is supposed that the
laity will control the business of the convention, as
thsir representation will be much larger than that of
the clergy.
The whig papers have ceased to charge the Presi*
der.t and his secretary with timidity in regard to our
foreign relations. Even the correspondent of the
New York Herald understands, at last, that Mr.
Buchanan "has put down his foot, and is resolved to
sustain the President in his inaugural address."
The tone of the Union, in regard to the debates in ' '
Parliament, seems to have put the final extinguish"
upon the predictions of the whig papers. The people
may now see that their rights and their honor
A are in good keeping, and that the President it not
the one to make "blustering announcements."
'f| The belief that there will be no war?that Eng
/ana win not, ana (Ml Mexico cannot, ngni u?, ? *
1 the two questions most prominent before the coun0
try, has served to improve stocks a very little. Money
is not so abundant as it was, owing, possibly, to the
payments of the first of May; but the banks continue
to discount with some freedom, at 6 per cent. The
legislature, in providing for the payment of our
- semi-annual interest, authorized the funding of the
. certificates of unpaid interest, or 5 and 6 per cent,
f stocks, and this has ndvanccd their market value,
, say 4 per cent., and placed them on an equality with
. the regular stocks. Pennsylvania fives on Friday
. commanded 72j.
1 The city ia quite dull: one almost longs for an 111j
cident. Parkinson and Wood advertise atrawberLerries?"the
firstlings of the flock." "/"bey are
| very small, and as costly as they are trifling. Ureen
. peas are also just making their appearance. The
f season promises to be plentiful of fruits; and the late
rains are proof of over-abundant crops. Let those
who prefer dishonor to war, and prate of onr inability
to protect our rights, see how Providence has
vered us with His bounties, and prepared us for
r destiny. ?
CHARLES S. WALLACH,
attorney, Counsellor at late, and Solicitor
in Chancery,
Will continue to practise in the several courts of
the District of Columbia, investigate Utles, prepare
legal instruments, and attend to all business appertaining
to his profession.
May I I
B/H MARINES? Just received, 94 pieces handsome
low-priced balzariiics and bereges.
Also, 1 case French muslins.
May l-3t D. CLAGETT. (
li