Newspaper Page Text
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