Historical Newspapers of South Carolina

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