mau. "That, in case of a vacancy in said committee by death, resignation, or otherwise, such vacancy shall be filled by drawing one or more names from box number one, until the committee be again filled." On motion of Mr. Garlaud, of Va. Resolved, That the secretary of the treasury be requested to lay before this house, as early as practicable, copies of all letters written by him to collectors and receivers between the 1st January, 1334, and the present time, having relation to defalcations, omissions to comply with the laws and regulations established for their government, and other irregularities. Also, copies of all reports made by persons appointed to examine and report on the state of the land offices within the same period. tion of the United States and the laws of the state and the government to which they are accredited; municate to this house (if the same can be done in which the contest may or shall originate. together with such information as he may have without prejudice to the public service) all the "That said committee shall immediately retire to received from our ministers and other agents abroad documents and information in his possession relatheir committee room and elect their own chair-in relation to the same. Also, whether any specific tive to the prosecution of the claim to the Smithsoinstructions have been, or are intended to be, nian bequest; also, what duty had been perforined, given to the minister lately appointed to Austria and remains to be performed, by the agent emto negotiate in behalf of the tobacco trade between ployed at London, in reference to said claim, and the United States and the Austrian dominion. how the money heretofore appropriated by conMr. Thomas moved the following as an amend-gress had been applied. ment to the 20th rule, which lies over one day. On motion of Mr. Taylor, "And, on the first Friday of each month, the Resolved, That the committee on the judiciary be calendar of private bills shall be called over, and instructed to inquire into the expediency of amendthe bills to the passage of which no objection shall ing the law now in force for printing and distributhen be made shall be first considered and dis-ing the acts of congress, so as to give to them a posed of: private bills from the senate having a more uniform and general circulation. preference over private bills of the house." On motion of Mr. Lincoln, Mr. Davis submitted the following resolution: Resolved, That the committee on militia be inResolved, That the senate and house of represen-structed to report, as soon as may be, a bill for the tatives of the United States, in congress assembled, reorganization, arming, disciplining, and governing will adjourn and close the present session on Mon- the militia, upon such principles, and with such day, the fourteenth day of May next. provisions, as are adapted to the present state of the population, and will better conform the required service to the probable occasions of the country, and which will relieve the people from unnecessary burdens; render more equal the duResolved. That the committee on agriculture be ties to be performed, and give greater efficiency instructed to inquire into the expediency of pro-to the organized force of the nation, in preserving viding by law for the introduction of foreign seeds the public peace, maintaining the supremacy of and plants through our consuls, public ships and the laws, and repelling hostile invasions. merchant vessels, and of establishing an office at the seat of government, to be under the direction and management of the commissioner of the patent office, for the reception and distribution of such seeds and plants as would tend to the advancement of the agricultural interests of the country. On motion of Mr. Grant, Mr. Mallory submitted the following resolution: Resolved, That a select committee of be appointed to investigate the cause of delay in the sailing of the exploring expedition, and to ascertain why the resolutions of this house have failed to extract a satisfactory explanation from the navy departiment. Mr. Rencher moved to amend this resolution by adding thereto the following: "And that the said committee inquire into the expediency of abandoning the said expedition." Debate arising, the resolution and amendment were laid over. On motion of Mr. Craig, Mr. Mercer raised the question of consideration, Resolved, That the postmaster general be instructed to report to this house the amount of postages received on paid and unpaid letters sent by the express mail to the city of New York, from Philadelphia, Mobile and New Orleans, and the amount of postages received at New York on letters sent to the other offices named by the express mail between the 15th November, 1836, and the 30th September, 1837. Also, the amount of postage received at the post office in the city of New York on letters, both paid and unpaid, sent during the same period by the regular or usual mail to, and received from, the offices above mentioned. Also, the amount of postage received at the post office in New Orleans on paid and unpaid letters, sent by the express mail from Mobile, Philadelphia, and New York, and the amount of postage received at the office on letters sent to the said other offices by the express mail during the above mentioned period. Also, the amount of postage received at the post office in the city of New Orleans on paid and unpaid letters, during the period above stated, sent by the regular or usual mail from that office to Mobile, Philadelphia and New York, and on letters received at the New Orleans post office from the said other post offices. On motion of Mr. Adams, Resolved. That the secretaries of the treasury, of war, and of the navy, be directed to report to this house the names of all persons appointed as agents for the payment of pensions from the first attempt to transfer the payment of pensions from the late Bank of the United States to other agents for said payments to the present time; specifying the authority by which such appointments have been made, the forms of the commissions issued to such agents; the sums of public money advanced or otherwise paid to such agents for said payments, and the dates of all such advances and payments, and the balances remaining credited to each of them at the end of each quarter; the compensation, if any, allowed to said agents for such services, the banks with which they have been respectively con nected; the officers, whether under authority of the United States, or of the separate states, held by such agents; at the same time, when charged with the pension agency, and the compensation which they have received therefor. When the state of Massachusetts was called, Mr. Adams presented the following: Resolved by the senate and house of representatives of the U. States of America in congress assembled, (two-thirds of both houses concurring,) That the following amendment to the constitution of the U. States be proposed to the legislatures of the several States, which, when ratified by the legislatures of three-fourths of the states, shall be valid to all intents and purposes as part of the constitution: "Congress Resolved, That the letter and petition of John V. shall have power to provide by law that no person Brown and twelve others, from Rocky Mount, shall be capable of holding or being elected to any Franklin county, Virginia, praying, for reasons post of profit, trust, or emolument, civil or militherein assigned, for the arraignment at the bar of tary, legislative, executive, or judicial, under the the house, and expulsion, of John Quincy Adams, government of these United States, who shall herea member of this house, be printed, with the names after fight a duel, or send or accept a challenge to of the signers thereto, and referred to a committee fight a duel, the probable issue of which may be of nine members to consider and report thereon, the death of the challenger or challenged, or who with liberty to send for persons and papers. shall be a second to either party,or shall in any man- Resolved, That the postmaster general be in- Mr. A. was about to address the chair in supner aid or assist in such duel, or shall be knowingly structed to report to this house a list embracing all port of the resolution, when the speaker reminded the bearer of such challenge or acceptance; but no the contracts for carrying the regular mails on the-him that, under the order of the house, if any resoperson shall be so disqualified by reason of his hav-several routes on which the express mail is carried, lution was likely to cause debate, it must be laid ing, prior to the passage of such law, fought such the name of each contractor or contractors for each over. Mr. Adams said that as the resolution reduel, or sent or accepted such challenge, or been route, the length of the route by measurement or ferred to a question of privilege, he presumed that a second in such duel, or bearer of such challenge estimate, the sum paid for the mail transportation part of the rule did not apply to this resolution. or acceptance." on each route, and the speed with which each mail The chair, having considered the resolution, decidis carried under each of the contracts; and whethered that, as a question of privilege, its consideration any vehicles or carriages for the conveyance of passengers are used or employed on any of these mail routes that travel faster than than the one in which the regular mail is carried. On motion of Mr. Mercer, Resolved, That the president of the United States be requested to lay before this house any recent information which may be received from the seat of war in Florida, which he may deem it expedient to communicate, touching the present state of the campaign in that quarter, and especially such intimation, if any, as he may have received of the disdisposition of the hostile Indians to treat for peace, and the terms on which they propose to negotiate. On motion of Mr. Robertson, On motion of Mr. Hoffman, On motion of Mr. De Graff, Resolved, That the secretary of the treasury re- Resolved, That the committee on revolutionary port to this house a statement of the disbursements pensions be instructed to inquire into the expeand appropriations for fortifications, light-houses, diency of so amending the laws now in operation revolutionary and other pensions, and internal im-granting pensions to widows or their children, as to provements, including piers, breakwaters, preser-extend the benefits of the same, under the usual vation of ports and harbors, removing obstructions restrictions, to the widows or children of all those in rivers and creeks, &c. and the support of light- who died in consequence of wounds or injuries rehouses, including all incidental expenses; and show-ceived while in the service of the United States ing, as far as practicable, the amount disbursed in previous to 1818. each state in each year since the period embraced in his report on the same subjects of the 17th of January, 1835. On motion of Mr. Jenifer, Resolved, That the president of the United States be requested to communicate to this house what steps have been taken, under the resolution of the 28th February, 1837, in relation to the high duties and restrictions on tobacco imported into foreign countries from the United States; the number and names of agents appointed under said resolution, On motion of Mr. Loomis, Resolved, That the committee on the judiciary Resolved, That the president be requested to com would be in order. Mr. Rencher of North Caroli- bank, and relating to the collection and safe-keep- On motion of Mr. Cushman, the house went into When the committee on foreign relations was petitions coming from the freemen of the United 3. To make the seizing officer apply a warrant within "ten days." 6. To strike out the proviso which permits all trade recognized by "treaties or the law of nations," and to substitute one which permits trade in muniThey humbly and most earnestly pray that this tions of war in "vessels by sea." If the senate's their petition will be attended to by your very amendinent had been concurred in, all trade "by honorable body; and, with great reverence and re-land" with conterminious countries, in arms and spect, sign themselves your most obedient servants. munitions of war, would have been forbidden. Mr. Stuart, of Virginia, said that the memorial The first, second, third, and fourth, were agreed appeared to have come from his own district, but to without a division. he had never heard any thing of it: he wished to hear the names of the signers. [They were read by the clerk.] Mr. Stuart then said that he was satisfied the names were all fictitious, and moved that the resolution be laid on the table; which was agreed to, and the resolution was laid on the table accordingly. The states having been called through for resolutions, the speaker called the states, in order, commencing at Wisconsin, for petitions and memorials. Among others, Mr. Lawler presented certain resolutions of the legislature of Alabama, in reference to the recep: tion of Texas into the union, which he moved should be laid on the table and printed. Mr. Adams called for the reading of the resolutions, and they were read at length. Mr. A. then observed, that as the resolutions contained a lengthy argument in favor of the admission of Texas, and that professedly on the ground that such admission was intended to change and destroy the balance of power which had heretofore existed between the states in different portions of the union The chair here interposed, and said that a motion to lay on the table precluded debate. Mr. Adams said he should not debate the question, but move the reference of the resolutions to a select committee. The chair said that the motion to lay the resolutions on the table then took precedence. On this motion Mr. Adams then demanded the yeas and nays, and the house ordered them to be taken; they resulted as follows: yeas 109, nays 40. So the resolutions were laid on the table. Mr. Ewing presented certain resolutions of the legislature of Indiana, on the subject of the treasury circular, which, giving rise to debate, were laid over. A number of petitions and memorials were presented and disposed of. After which, The house adjourned. Tuesday, March 6. As soon as the journal was read, The fifth being read, Mr. Mason of Ohio, said that if this law were desirable at all, it should be enacted for a longer term than two years. It carried upon the face of it an adinission that it has reference to one particular foreign power alone. But, if there were any occasion for the passage of the law to meet the present emergency, there was also reason for making it the permanent law of the land. He was not in favor of occasional legislation, out of respect to any individual power; it seemed too much like making a concession to one which the government was unwilling to make to another power. It was a peace. offering; its object was to preserve neutrality. If in any way, he hoped this bill would be passed in a permanent form, rather than in this temporary way, at the invocation of a foreign governinent. The law of 1818 was a permanent law, and this ought to be so too. The joint resolution reported by Mr. Lincoln, and ordered to be engrossed this morning, authorizing the taking down of the walls of the old post office, was taken up and passed. On motion of Mr. Cambreleng, from the commitee i of ways and means, the house then went into con mittee of the whole on the state of the union, (Mr. Casey in the chair,) and resumed the consideration of the appropriation bill for the civil and diplomatic ser vice for the year 1838. It gave rise to considerable discussion, during which several questions of order were raised. Before a finai decision upon the bill, the committee rose and reported progress. Mr. Bell obtained the printing of an amendment he intended to offer. Mr. Reed, on leave, submitted a resolution calling upon the secretary of the treasury for a report of the amount of additional compensation received by revenue officers in 1837, under the provisons equalizing of 1832 had not passed; which was concurred in. the same to what they would have received if the Mr. Henry, of Pennsylvania, and Mr. Halsted, of New Jersey, presented resolutions of their respective legislatures on the subject of a national armory; which were referred to the committee on military affairs. And then the house adjourned. THURSDAY'S PROCEEDINGS. In the senate-Mr. Buchanan, from the committee of in relation to the proviso of the house in the neutrality conference on the disagreeing votes of the two houses bill, denying an appeal to treaties and the law of nɛtons against the operations of the bill, reported that the committee had agreed on a certain form for this part of the bill. The amendments agreed upon were read, but were inaudible to the reporter. Mr. B. stated that by this agreement of the committee the senate would secure the trade which they wished to secure, (by sea,) and that, in effect they had adopted the proviso of the house. The senate agreed to this report of the committee of conference. After some business, which will be noticed in our next, the senate resumed the consideration of the subtreasury bill. Mr. Davis argued at some length, against one of the [Upon this amendment, which was ultimately re- On motion of Mr. Cambreleng, the house re- Wednesday, March 7. Mr. Adams asked leave to present two petitions from certain clergymen and others of his state, on the subject of the late duel, but the leave was refused: and a motion to suspend the rules failed: aves 86, noes 55, (not two-thirds.) Mr. Chambers repeated his motion to allow the hour of meeting to be 10 o'clock; but the house refused the yeas and nays, and rejected the motion. Mr. Adams rose, and asked leave to present a petition from citizens of Newark, in New Jersey, praying that congress would investigate the cir. cumstances of the late duel. Objection being made. Mr. A. moved the suspension of the rule, and asked the yeas and nays, which being ordered, the motion (requiring a vote of two thirds) pre-ed, with amendments thereto. vailed. Yeas 113, nays 43. A number of bills for the relief of individuals, and of local interests, were reported. A similar memorial from other citizens of the same place was presented by Mr. Farfield: the rule having been suspended, on his motion, both meino. rials were referred to the select committee on that subject. Mr. Bronson, from the committee on the territories, United States to cause the southern boundary line of reported the senate bill to authorize the president of the the territory of Wisconsin to be ascertained and mark Mr. Bell, in pursuance of previous notice, asked for and obtained leave to bring in a bill to secure the free dom of elections. Also, a statement showing the names and grades of all officers in the line and several departments of the staff of the army, holding brevets, and receiving by reason thereof a greater amount of pay and emolumens than they would be entitled to from their lineal commissions. Mr. Chambers, of Kentucky, asked leave to offer a resolution fixing the daily hour of meeting at 10 o'clock, A. M. during the remainder of the session; The senate bill, entitled "An act to change the times objected to. The motion to suspend the rule for of holding the circuit courts of the United States in the the purpose of offering this resolution, was nega-seventh circuit," was read the third time, and passed. tived. Mr. Chambers gave notice that he should renew this motion on every morning until the house acted on it. Among the bills reported was the following: By Mr. Cambreleng: from the committee of ways and means, made a report at length upon the memorials relating to the currency and a national Mr. Howard, from the committee on foreign affairs, moved that the house do insist on its disageement to the senate's third amendment to the neutrality bill, (confining trade in arms and munitions of war to yessels by sea,) and appoint a committee of conference on their part. The motion was agreed to, and Messrs. Howard, Patton, and Corwin were appointed conferees on the part of this house. The house then passed to the orders of the day. cially characterizing the banks as trading companies, Mr. Niles spoke chiefly in reply to Mr. Davis, espe with which the government have nothing to do, and denying emphatically that the country was suffering distress or embarrassment. Mr. Davis having briefly respondedMr. Preston said the proposed amendment, last discussed, was not before the senate, but had been merely suggested. He hoped the question would now offered in relation to the selection of the twenty-five be taken on the amendment which he had actually deposite banks proposed by the substitute. In accordance with the suggestions of Mr. Rives, and from information which he had obtained that most states own stock in one or more of their respective banks, Mr. P. withdrew the latter part of this amend ment, so as to make it merely require that the deposite banks should be selected from those banks the stock of which is owned in whole or in part by the respective states in which they are situated." Mr. Hubbard was understood to object to the with drawal of the latter branch of the amendment; but Mr. Preston claimed the right of doing so; and the vote being taken on the amendment as modified, it was negatived, as follows: tenden, Davis, Knight, Merrick, Nicholas, Prentiss YEAS-Messrs. Bayard, Clay, of Kentucky, Cri." Preston, Rives, Robbins, Smith, of Indiana, Southard, Spence, Swift, Tallmadge, Tipton, Webster, White19. NAYS-Messrs. Allen, Benton, Brown, Buchanan, Calhoun Clay, of Alabama, Clayton, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Lyon, McKean, Morris, Mouton, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticu Strange, Trotter, Walker, Wall, Williams, Wright, Young-32. The question now recurring on the substitute, as of fered by Mr. Rives, Mr. Bayard spoke on the subject at large, and in opposition to the original bill. Before he had conclu ded, he yielded the floor to a motion to adjourn; and about 5 o'clock. The senate adjourned. In the house no business of importance was trans acted. Some time was spent in considering the bill in relation to the northeastern boundary, which was ultimately referred to the committee on foreign affairs. FIFTH SERIES. No. 3.-VOL. IV.] WASHINGTON CITY, MARCH 17, 1838. [VoL. LIV. WHOLE NO. 1,381. THE PAST-THE PRESENT-FOR THE FUTURE. PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE. the barren wastes, the Everglades, would suffice Resolved, That, in contemplating the resumption their few wants. They say you have captured our of specie payments, we can perceive no reason to cattle and horses, destroyed our villages, and over-apprehend that it will occasion any farther conrun even the graves of our people. And for what? traction on the part of the banks; but, on the conFor a land where white men can never inhabit, and trary, that the restoration of confidence which must into which none but a native can penetrate. necessarily grow out of that measure, will lead to a I am disposed to think they are playing the same gradual increase of their issues, and enable them to game they were so successful in last year. The extend greater facilities to to the community. more I see of the Seminole character, the more I am convinced of their indomitable and unyielding determination to fight or die in the land of their fathers. Our pigeon-holes are crowded, and our table and desk literally covered with articles which claim a place in our pages, and would be most acceptable to our readers; but we are constrained by what we deem to be a high duty at this peculiar crisis in our affairs, to devote a large portion of our pages to the proceedings of congress and thus to defer the agreeable for the. useful. We would cheerfully dispose of this vast accumulation of articles by the aid of supplemental sheets, but do not feel justified in incurring the expense at this period of general embarrassment and distress. The present sheet contains Mr. Rives' speech in support of his substitute for the sub-treasury bill reported by the committee of finance. In our next we will give Mr. Calhoun's speech in opposition to the substitute, and in support of the subtreasury bill. We are in a state of statu quo, awaiting for the will of the president, who, as many think, will make a treaty with them. I nevertheless anticipate another campaign, for it is finished to all intents and purposes for this year. The army cannot operate after this month, in this latitude, (25.) During the month of March the country becomes inundated and impassable. -The hon. Timothy J. Carter, a member of congress from the state of Maine, died at his lodg- FROM THE FRONTIER. The Vermont and St. ings in this city on Wednesday evening last, after Lawrence portion of our Canada frontiers seems to a severe illness. In consequence of this melan-have been perfectly tranquilized by the well dicholy event both houses of congress adjourned at an early hour on Thursday morning to meet this day at 12 o'clock to attend the funeral of the deceased. Mr. Carter's death was announced to the senate by Mr. Ruggles, and to the house by Mr. Evans, both of whom paid eloquent tributes to his private and public virtues. -The hon. John L. Murray, who has been seriously indisposed for some time past, has, we are pleased to learn, sufficiently recovered to be able to take his seat in the house of representatives. rected and vigorous efforts of gen. Wool. Col. and the British, they say, as many. Sleigh loads [N. Y. Courier. FROM FLORIDA. We learn from Gen. Hernan-au Plait some fifteen killed and twenty wounded, dez, who passed through here on Tuesday last, says the Wilmington (N. C.) Advertiser, on his way to Washington, and who came direct from Florida, that the operations against the Seminoles The Cleveland (O.) Herald of the 7th inst. says inust soon close for the season, but that there is no general Scott arrived in this city from the west, prospect of the war's ending with the present this morning. A general dispersion of the campaign, unless, of which, however, the hope is patriots', on the frontier above us, we presume, slight, the distractions among themselves may in- renders his presence in that quarter no longer neduce a voluntary submission. No hostile move-cessary. We confidently hope our border troubles ments had recently taken place. The last number of the "Frederick (Md.) Herald" contains the following letter from Fort Pierce to a gentleman in that city. Fort Pierce, Indian River, } are now over. General Scott is entitled to much THE NEUTRALITY BILL. We learn from the February 15th, Dear Sir.-I have seized a few moments during the suspension of hostilities, to give you a little camp news. You have probably seen in the papers an account of col. Taylor's fight, in which he lost so many valuable officers. Since that engageinent our own division, under general Eustis, met the enemy at Jupiter Inlet. They were under the command of Tuskegee. The engagement lasted about an hour-we lost seven killed and thirty wounded-four have since died. After the fight We have this bill in type and will publish it in the army marched for Jupiter and there established the next number of the "Register". a fort. Two-thirds of the command were literally Resolved, That, regarding the general resumption of specie payments by the banks throughout the United States as essential to our national credit abroad, and as calculated to regulate our internal exchanges, we respectfully invite the institutions of other states to a stimulateous effort to accomplish this most desirable object. MARYLAND. At the last session of the legislature several important amendments were made to the constitution of this state, which, having been confirmed by the present legislature, will soon go into operation. Among the amendments is one which provides that the governor shall be elected by the people, in regular succession from one of the three districts into which the state has been di vided-the order of districts to be designated by the drawing of ballots by the president of the senate. The following is the result of the allotment. First District.-Includes all the counties on the Eastern Shore-Cecil, Kent, Queen Anne's, Caroline, Talbot, Dorcester, Somerset, and Worcester. Second District.-Baltimore, Hartford, Carroll, Frederick, Washington and Alleghany counties. Third District.-St. Mary's, Charles, Calvert, Prince Ceorge's, Anne Arundel and Montgomery counties, and Baltimore and Annapolis cities. THE MANDAMUS CASE. SUPREME COURT, MONDAY, MARCH 12. vs. ABSTRACT OF THE OPINION OF THE COURT The questions are, first, Does the record present a proper case for a mandamus? 2d. Does the circuit court of this district possess jurisdiction in the case? The court think that the act required to be performed by the postmaster general is a mere ministerial act, in which the president has no authority to interfere. It would be an alarming doctrine to maintain that, in the performance of such duties as are enjoined by law upon any public officer the president has any right to interfere. In this case meet-there is no conflict between the judicial and executive authority. The following resolutions, offered by Pelatiah Perit, esq., and seconded by Samuel Ward, esq., were read and unanimously adopted: Resolved, That this meeting hails with great satisfaction the declaration on the part of the New York city banks of their purpose to resume specie payments on or before the 10th of May next. without shoes or stockings, after accomplishing a SPECIE PAYMENTS. At a very numerous VOL. LIV.-SIG. 3. The claims originally were against the United States through the United States. The United States could not be sued without their consent. They submitted the claims to the solicitor for his examination and award, and the postmaster general was directed to credit the amount of the award. The decision of the solicitor, under the act, was final; no appeal was allowed-no supervising power given to the postmaster general or to any other party. It may well be questioned whether the parties, under the act of congress, did not possess a clear vested right. But, whether the legislature could have revised this decision or not, it has not done so. So far as concerns one branch of the legislature, the action of the senate amounts to a recognition of the binding authority of the award. The unanimous opinion of the senate precluded the necessity of going to the other house. The right thus ascertained, the means of enforcing it is by the judicial authority. The authority of the president to forbid or to control the execution of the law is at variance with every principle of the government. In fact, the president has not acted in the case, so as to bring these departments into conflict. He has refused to interfere to prevent the execution of the law. sible. ing, that the reason of the adjournment of the house The right of the relators, under the act of con- Parliament met on the 16th January, pursuant to gress for their relief, is now absolute and irrever-adjournment. In the house of lords, the papers relating to the state of Canada were laid on the table How is it to be enforced? The act to be done is by lord Glenelg, who submitted it to the house purely ministerial. The officer directed to per- whether the discussion of the proposed measures form it has no discretion. Is the remedy by man- should be commenced at once, or whether he should damus a fit and appropriate remedy? give notice for an address to the throne, to be moved the next day but one. But it is obvious, at the same time, that, an insurrection having once broken out, a temptation is by the very circumstance presented, to many a temptation not to be resisted, to endeavor to shake the British power in Canada. Let me be understood as not meaning to say that any treaties or friendships with this country are likely to be forgot. ten on the present occassion, either by the great powers of Europe or by America. I have no intention of even insinuating the possibility of such an occurrance, and the conduct of the United States The common law of Maryland is the law of this government since the commencement of the disdistrict. The common law provides this writ as The duke of Wellington desired to know, in the turbances in Canada, strongly tends to convince us the peculiar remedy in such cases. The remedies first place, what sort of measures were proposed. that from the United States the Canadian rebels suggested at the bar, were, an application to the He thought it the duty of her majesty and the go-will meet with neither sympathy nor assistance. president; or to congress; or a civil suit. These vernment to speak out, and let the country know [Cheers.] are not such remedies as the law requires. what ground they meant to take. It was indis- But at the same time it is impossible not to see A case of mandamus is a case within the consti-pensable, he thought, that the measures taken that both in Europe and America there are many tution. It possesses all the qualities of such a case. should be such as would bring this unfortunate bu- whom the want of employment at home, and the 2. Has the circuit court of the district jurisdic-siness to a speedy conclusion. It must be remem- hope of a participation in those splendid spoils so tion of this case? It has been decided that the cir-bered, said the duke, that a great country like this temptingly held out by the abettors of the rebillion, cuit courts of the United States have not jurisdic- cannot have a little war. If any thing is underta- will induce to flock to the scene; and for this reation. Has the circuit court of this district larger ken, it must be on such a scale as to make it quite son, even though circumstances may in the end powers in this particular? certain that the operations will succeed, and that prove that the precaution is unnecessary, I think it at the very earliest possible period. will be quite necessary that we should be prepared for action by the next spring, and have in the St. Lawrence ready for disembarkation, a force sufficient to put down every vestage of the insurrection. Then comes the question with respect to the civil government. It is obviously quite impossible that we should think of convening the assembly, or of asking them to pass laws, or do any act properly belonging to their jurisdiction. The terms of the constitution are broad enough to warrant congress in vesting such a jurisdiction in the circuit or other inferior courts of the United States. No objection can prevail derived from the official character of the party to whom the writ is directed, or the character of the act which he is called upon to perform. The cases decided in this court have settled that the power to issue such a writ is within the judicial power as conferred by the constitution; and that those courts could not exercise the power, because congress had not conferred upon them all the power which it constitutionally might do. By the constitution and acts of cession, congress possesses exclusive legislative authority over this district. So far as regards cases in which individual rights are concerned, the judicial authority should be co-extensive with the legislative. In Maryland, prior to the cession of this district, the writ of mandamus was recognised as an appropriate remedy in cases where, upon the principles of the common law, it would lie. f Under the 1st section of the act of 27th February, 1801, continuing the laws of Maryland, it would seem that this remedy is continued. The 3d and 5th sections of the same law confirm the same conclusion. The court affirms the decision of the circuit court for the District of Columbia, with costs, and remands the case to that court for further proceedings. The chief justice, for himself and judge Barbour, and judge Catron, dissented from the opinion of the court. The chief justice concurred with the majority of the court in the opinion that the judicial power, as indicated by the constitution, authorized congress to confer jurisdiction upon any of the circuit courts to issue writs of mandamus; and also that this was a fit case for a mandamus, as, in his judgment, it was the bounden duty of the postmaster general to enter the credit for the full amount awarded by the solicitor as soon as that award was notified to him. The only ground of dissent was, that he did not concur in that part of the opinion which considered the circuit court of the district as possessing larger powers in this particular than the other circuit courts of the United States. Lord Melbourne assured the duke that the ministers were prepared both to speak and act with energy. * * After some further remarks by lord John Russell, who was followed by other members, the address was agreed to, and lord John Russell moved for leave to bring in his bill for the temporary govern In the house of commons lord John Russell said On the 17th lord John Russel read the queen's answer to the address, which was to the following effect: Her majesty thanked her faithful commons for the assurance given to support her efforts for the restoration of the tranquillity of Lower Canada. of the defunct assembly. The said new govern- The unfortunate events that had taken place I come now to a question which has been argued there had given her the deepest concern; and her in a very different temper-it is a question whether majesty looked forward with anxiety to the The circuit court is the only court in this dis-it is for our interest to abandon Lower Canada, al-period when the re-establishment of order would trict which possesses that original jurisdiction which together. I say, at once, I cannot bring my mind enable her to lay the foundation of lasting peace. can be thus exercised. to the conclusion that it would be so. I say, at The spirit of concord manifested, and the exeronce, that the single motive of the attachment of a tions made by the North American provinces, in considerable portion of the population to the Bri-support of her authority, demanded her warmest tish constitution, and the situation in which they acknowledgments. would be left if we abandoned the province to the The bill introduced by lord John Russell, relative French party, that motive alone would be sufficient to a provisional government in Canada, proposes reason with me for emphatically saying "No" to the appointment of a governor general and a counsuch a proposition. [Cheers.] But if the reasons cil selected from the two provinces, to do the duties I have mentioned were sufficient, there are other considerations which would induce the government to oppose any project of abandonment. Supposing the St Lawrence under the command of the United States, and a Canadian republic established at Quebec, does any one believe that the other provinces, the provinces of Nova Scotia, and New Brunswick, could be kept under control? No sir, I The latest advices from New York were to the am convinced, if such a state of things should by 2d January, at which time the Navy Island folly any mischance come round, the question would was in full tide of operation. We are glad, on arise whether we should not try to regain Lower many accounts, to perceive that the tone of the Canada, or abandon North America altogether. papers is discreet and moderate towards this counWas England prepared for such an alternative? I try, and that of the speakers in parliament still do believe that the possession of our colonies tends more so. materially to the prosperity of this empire. On the preservation of our colonies depends the continuance of our commercial marine, and on our commercial marine mainly depends our naval power, In opposition to the Sub-Treasury Bill, and in supand on our naval power mainly depend the strength and supremacy of our arms. I think, then, I may say, without arguing the question any farther, that it is our policy, as well as but fairness and justice Mr. President: It would have been very grato our fellow subjects, that we should not think of tifying to me if I had found the measure now under abandoning these provinces. [Hear, hear, hear.] consideration such an one as I could conscientiousI say, likewise, if I could find that it is not the ly support. The question is one which every ininterest both of this country and the colony itself terest of the nation requires should be settledthat Canada should continue to be a part of the promptly, but wisely settled. It is time that the British empire, I should be prepared to counsel a country were relieved from those anxieties and separation; but coming as I do to a most decided apprehensions in regard to the future, which, added conviction on both these questions, I am quite pre- to the embarrassments of the present, weigh like pared to come to the farther question, namely, what an incubus upon the national enterprise and palsy is the course we should adopt upon the present oc- all its faculties. I should have been most happy, casion? I conceive there can be no doubt that the therefore, if I could have seen in the measure refirst duty of the country and of the house, if they commended by the committee of finance, any of So intense was the auxiety caused by the affairs concur in the view of the question which we take, those healing and salutary tendencies which the of Canada, that steamboats are stationed off Holy is to put down insurrection. With respect to force circumstances of the times and the situation of the Head to receive the letter bags from the packet it will be, I think absolutely necessary that a very country so imperiously demand. I had hoped, inships. The London press have their agents sta- sufficient force should be in the St. Lawrence in deed, at one time, that such a measure would have tioned at every port to receive and forward the la- the spring, to be landed in Canada as soon as the been presented to us. The president, in his mestest accounts from North America. The London navigation opens. [Hear.] For my own part, I sage to congress at the commencement of the preTimes has sent out a special correspondent; this say I entertain no apprehensions as to what may sent session, while renewing the expression of his gentleman arrived in the Oxford. have hitherto been done by these insurgents, aban-own opinions in favor of the financial project of the Our London correspondent writes us as follows:-doned as they seem to have been by the great body late called session, very properly invited the consi"It is currently reported in the clubs, this even- of the British, and even French Canadians. deration of congress to the manifestations of public VERY LATE FROM EUROPE. The packet ships are coming into New York in rapid succession. The latest are the Independence, from Liverpool January 24th, and the Oxford, from Liverpool February 1, inclusive. We copy from the Commercial Advertiser the following: The parliamentary proceedings on Canadian affairs were of high interest. The earl of Durham has been appointed govenor general of all the British provinces in North America, and was to sail for Quebec in season for the opening of the St. Lawrence. It affords us great pleasure to state that the earl will come out clothed with full powers to grant a general amnesty. SPEECH OF MR. RIVES, port of his Substitute. Delivered in the Senate of the United States, February 6, 7, 1838. scheme. sentiment which had, since then, taken place; and founded on any permanent distinction between the the state currencies will be finally broken down, and recognizing "the national will as the supreme law currency of the government and the currency of the a national government paper currency, resting on of the republic," plainly intimated that a measure people, is intended to do away this distinction, and the same principles as our old continental money, which had proved unacceptable to the people ought to provide a sound convertible currency for the be made to take their place. But the senator from not to be again pressed on their adoption. I had common use of both government and people-for New York tells us that the state currencies will enhoped, that the committee of finance, concurring the joint resolution of 1816, which is still the law of joy as much favor under the new policy, as they did in this republican sentiment of the chief magistrate, the land, expressly declares that when the banks under the regime of the United States Bank-that and in the presence of the manifestations which the shall resume specie payments and thus provide the that institution very rarely received the notes of the recent elections in the north and the south, the people with a sound convertible currency, that cur- state banks in collection of the public revenue, and east and the west, had afforded of the national re- rency shall be equally receivable by the government when it did so, it promptly returned them for converpugnance to the measure of the late session, would, in discharge of its dues. But the bill of the honor- sion into specie. I certainly had not expected, Mr. in the resources of their wisdom and acknowledged able senator contemplates no such thing. It re- President, that the Bank of the United States would abilities, have presented us some other, on which jects the paper of the banks inexorably, under all be held up, from that quarter, as a model for imitawe might have rallied with more harmonious opin- circumstances whatever-even though convertible tion, in regard to its policy toward the state instituions. I am sorry to say that, in the examination instantly into specie. It will have, for the govern- tions. But the senator is mistaken in what he says of the bill on your table, I have found nothing to ment, nothing but gold and silver, or its own paper. of the course of that institution, and it will appear justify or sustain this hope. It is, in every essential It demands, with Shylock severity, its "pound of that even its policy was one of far more liberality respect, a reproduction of the condemned measure flesh," and that, too, without the condition of hu- toward the state institutions than that which the of the late session, with some superadded features, manity imposed on the Venitian Jew not to spill honorable senator himself now proposes. It is offiwhich only seem to aggravate its deformity and in- a drop of Christian blood" in the exaction. cially stated in the triennial report of the president crease its dangers. It commits, as that did, the The honorable senator from New York seems, of that institution to the stockholders in September, millions of public treasure to the hazardous and de- however, to have persuaded himself that the requi- 1831, that the Bank of the United States was in the moralizing possession of executive agents-it levies sition of gold and silver in payment of the public practice of "receiving freely the notes of the state that treasure from the pockets of the people, after dues would improve the general currency by bring-banks, within convenient reach of the bank and its a short period, in gold and silver only-it then dis- ing into circulation a larger portion of the precious branches;" and this free reception of the notes of poses these collections in masses at a few important metals. But, sir, how can this be? It was shown, the state banks and periodical "settlements of accommercial points, to serve as a basis of operations, in the discussions of the late session of congress, counts" with them, were the boasted means on which must inevitably terminate in a great govern that when there are two currencies in a country, which that institution relied to regulate and preserve ment bank—and to take charge of and manage this one answering all the purposes of the other, and a the soundness of the general currency of the counmachinery, it institutes a new corps of executive valuable purpose besides, that which answers the try. It is farther shown by the answer of that offiofficers, whose very name, (receivers general,) additional purpose, would be at a premium, and be-cer to certain interrogatories propounded to him by calls up by an indissoluble association, the extrava-ing so, would not enter into general circulation, but the committee on finance, of this body, in March, gance, the peculation, the clumsy magnificence of be bought and sold as an article of merchandise. 1830, that though frequent settlements of accounts" that bloated and unwieldy system of French finance, According to this law of currency, it would follow, were made by the Bank of the United States with which is the acknowledged prototype of this new under the operation of the proposed system, that the state banks, they were "rarely forced to pay gold and silver only, being applicable to revenue specie" to any considerable amount for their notes, I propose, Mr. President, in as brief and rapid a payments, they would, in general, command a pre- but payment was taken in their bills of exchange, manner as possible, to pass in review the principal mium, and would consequently be withdrawn from or balances permitted to lie over, 'till melted down points of this new financial project. Its fundamental general circulation. They would be sold by the in the ordinary_course of their business and mutual and vital principle is to collect the public revenue broker to the public debtor, who would pay them to transactions. This statement is sustained, through in gold and silver only, out of a circulation consist- the government-by the government, they would a series of years, by the annual returns of the bank ing exclusively now, and mainly at all times, of be paid out to the public creditor, and the public to congress, exhibiting generally large balances due bank paper for the common use of the people. Of creditor would go and sell them again to the broker. to it from the state banks. But, sir, even though the this invidious discrimination between the money of This would be the narrow and charmed circle of course of the United States Bank had been as unthe government and the money of the people, and their movement. They could never enter into the friendly toward the state institutions, as the gentleits anti-republican and injurious tendencies, I had general circulation, under such circumstances; nor, man from New York supposes, the law of the land, an opportunity of stating my views very fully dur- indeed, under any circumstances, (as has been am- the legislation of congress, made no attack on them, ing the late session of congress. It was the subject ply shown on another occasion,) without a previous as is now proposed. On the contrary, their credit of very thorough discussion on both sides, at that suppression of the smaller denominations of bank was cherished and sustained by the law; for the time; and for one I am perfectly content to abide notes, for which this bill contains no provision. joint resolution of 1816 expressly declared that their the verdict of public opinion on the arguments, on The honorable senator also argues, that this policy notes, when convertible on demand into specie, the one side and the other, then presented. It was would tend to secure soundness in the paper portion should be receivable, equally with specie, in payshown, in my judgment, most conclusively that the of the currency, by checking over-issues of the ment of public dues. This is the important consieffect of this principle would be permanently to banks. But, instead of contributing to the sound-deration; for in the law, in the policy and language create two currencies in the country-one and that ness of the paper currency, it would necessarily in- of the government, abides mainly that principle of better" one for the government, another and crease its insecurity. The great source of insecu- confidence, on which all paper currency rests, and inferior one for the people-that it would thus se- rity in the banking system at present, as is well which is now proposed to be rudely withdrawn parate the interests of the governors from those of known, is the danger of a suspension of specie pay- from the currencies of the states, however unquesthe governed, destroying that bond of sympathy and ments arising from a foreign drain of the precious tionable their soundness and value. common feeling between them which is the best, if metals. But this measure would superadd to the not the only, security for a sound administration of foreign an internal drain of specie, to be locked up public affairs-that it would indefinitely protract in the vaults of the government; and, from the nathe present derangement of the currency and de-ture of things, this internal and external drain would liver it over finally to a state of hopeless and irre-occur at the same moment, and exert together their mediable disorder and that its operation upon the destructive influence upon the banks. It would be institutions of the states would be of the most hos. in years of heavy importations that, the balance of tile and destructive character. I should not now recur to these topics, having heretofore discussed them fully, but that the senator from New York, (Mr. Wright,) has thought proper again to argue them, and I must say, with all his ingenuity, has failed, in my estimation, to shake a single position maintained by the opponents of his bill. It has been fashionable to denounce these objections as mere ad captandum arguments; but, sir, have they been answered? Can they be answered, otherwise than by returning epithets for arguments? the 6. trade turning against the country, the foreign drain ment. But Mr. President, without dwelling farther on these considerations, I beg leave to ask gentlemen who are so zealously patronising the policy of this measure, if they can adduce to us, from ancient or modern times, from civilized or even barbarous communities, a solitary example of a government demanding and collecting its revenue in a currency different from the common, actual currency of the country. If there be any such, it has escaped my researches. In countries where the public revenue may have been, or may now be, collected in gold and silver, it will be found that gold and silver constitute the common, actual currency of the people. Even in England and France, where the circulation consists, in so large a proportion of the precious metals, the revenue payments are, by no means, confined to gold and silver; but bank notes are freely received in both, in discharge of the government dues. It is, indeed, a fundamental maxim of taxation, laid down by all writers on political economy,* and respected in the practice of all governments, that the mode of payment of the public contribu tions ought to be that most consistent with the convenience of the payers-the great body of the community. Is it reserved for the government of the United States, in its theory the most popular on earth, and claiming the merit of the closest sympathy with the wants and interests of the people, to set the first example of a departure from this just and benignant rule of policy? and for what reason That measure would establish a distinction, an In regard to the hostile operation of this measure odious distinction, between the currency of the on the state currencies, and the credit institutions of government and the currency of the people, cannot the states, the honorable senator has taken up the be denied, for such is the positive provision of the subject in far too narrow a point of view. He spoke bill. It expressly requires that, after a certain time, as if the whole matter of complaint, in this respect, the government shall receive, in discharge of the consisted in withholding the deposites of the public public dues, and pay to its officers and other cre- money from the banks. But, sir, the gist of the ditors, nothing but gold and silver or its own paper, question does not lie here. This is a matter in while the common currency, in which the people which the convenience and the safety of the governtransact their dealings, would still remain bank pa- ment itself are concerned far more than any interest per. The fact, then, is undeniable. But it is inti- of the banks generally, or of the states by which mated there is nothing wrong in this; and we, who they are created. The real grievance is in the stern oppose it are asked if we would have the govern- exclusion by law of the sound convertible currencies for what purpose? I think I have shown that none ment in the present condition of things, for exam- of the states from all transactions of the federal of the great interests of the country are to be prople, to receive its revenue in the various spurious government, (transactions in which they have been moted by it. It may, it is true, be quite agreeable substitutes for money, which now form so large a heretofore invariably admitted, from the origin of to the office-holders, and other recipients of the portion of the actual circulation of the country. the government to the present day,) the official dis-bounty of the government, to obtain their emolu. The answer, sir, costs me no embarrassment. I credit and protest, in advance, thus stamped upon ments in a "better" currency, than the common say, no; but this is precisely a case in which the those currencies by the unfriendly action of this currency of the people; but surely this will be held exception proves the rule. The present is a tempo-government, giving the signal for general distrust no legitimate consideration for legislators and statesrary and accidental state of things; and the refusal and want of confidence in regard to them. Sir, it men. What end, then, is to be answered? What of the government, under existing circumstances, to will be no difficult matter to show that, under the object to be promoted by the introduction of this receive the degraded currency of the times in pay- blight of this legislative denunciation, and in the ment of the public revenue, so far from being progressive working of the system now proposed, * Smith's Wealth of Nations-Book V, chap. II. |