Historical Newspapers of South Carolina

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ature, with commendable moderation after aiguing the case at length, and re Turing thus the dangerous jmsitions-assutn ed by the Executive of New York, adop ted among others, the following R ?olu Hons. " 2d: Resolved, That the course pur $ned by the Executive of New \ ork, can not be acquiesced in ; and if sanctioijec by that State and persisted in, it wdl i>*? come the solemn dutv of Virginia to adop the moat decisive anil eificient measure.for the protection of the property ol hei oili7ona and ih? mailltcn<lllCe Oi Mghta which she cannot, and will not, umUi any circumstances, surrender or abandon '3rd. Resolved, That the Governor o this State be authored and requested t< renew his correspondence with the Exe cutiveof New York, requesting that tha functionary will review the grounds t?k*i by him; and that he will urge the consul eration of the subject upon the Legisht ure of his State." 4th. Requires the Governor to Suhrni tha case to the other States, and invih the co-operation of the slave-holdinj 8 in lea. In compliunce with tho foregoing thin Resolution, Gov. Gilmer, on the Gt! April. 1840, addressed the Executive o New York, and transmitted the proceed ings of the Virginii Legish t ire. O.i th lSlh of April, Governor Seward acknow ledged the receipt of this communication inlorin; d Governor Gilmer that he felt i his duty to submit the same to the L :gis iatfire of his Slate, and that his utiswe would necessarily be delayed until afte its adjournment. This note was aipmm p.iiiied by a copy of Gov. Seward's Vies sage, transmitted o i the ll!h of April 184(),Jfog?'ther with the proceedings of ih< Virginia Legislature, lo tho L;gjslatur< of New York. In this Mi^sage, Gov Seward says, 44 the pr< c tediugs of tlx General Assembly of Virginia manifest i desire to obtain the se??. e <*ffho Lrvgisla lure." If e commends to tluur cofi-i<!cra tion the said proceedings and the com muniesition.'of (iov. Gilmer, and inform them that ho will duler his reply 111 tin *? ? >? that he mav be aided by the wis (turn of the Legislative Department. Gov, Seward, in hiscommunication n the. 9iii November. 1840, informs the fix ecutive of Virginia, that no action w.e had upon the subject in tlie Senate : fha it was referred to the Judiciary Cornmitlei in the House of Assembly, whi'-h, on th< 14th May, made a Report, asking to hi discharged from the further considcratior of the. su ij >c', in which lltev said : *-Tlial on a careful examination of that corrcs pnndenee, your committee cm not dis cover any occasion for the intTpos-tio: of tins House, even by way of advice ? They b# heve the position taken by the . Governor of tins Slate to Ik: sound am judicious, and that his exposition of tin meaning of the Constitutional provision in question, is the only one that can Is given consistently with the Sovereignty of the State and the rights of the citizens, while it is in strict conformity (!) xvilfi our Federal obligations to oilier Stales, and recogmzesull the rights which is intended to bo secured. The committee content themselves with the expression of their general con currency in the views of the fixecutiv? I cause the so'ject is one which cannot be expressed with brevity, and hermw it has lieen examined and illustrated will distinguished ability. Conceiving tua there is no occasion to submit any prop?? intioii to tne ium.se tor its action, youi committee ask t?? l*? discharged from tin further consideration of the subject." "The Committee" savs Governor So u,u " itiui-umirtn riispluirvitfl." nniuj ??? o IHVIVM| r The difficulty of obtaining thi?commit location of the t'ale attending Virginia'' respectful appeal to the Legislature o New York, will be seen from the follow ing statement of facts. Oil the bill June, 184U, (ipvernor (LI riior, acknowledged the receipt of (j??v ernor Sow ird's communication of tie 18th April, ami informed him that "a some time tins elapsed, since the L-gis future of his State was Reported to havi - - - - . p.. 11.. adjournal, he lagged iihni respect iuiiv to recall his Excellence's attention to tlx subject of his former communication to this, no reply was received. On tlx 13thof July, Governor Gilmer, agaii culled Governor Seward's attention t< the subject, and reminded him, of th duties assigned him b\ the General As ?einMy, (viz : to transmit copies of th correspondence, and request the oo-opera lion, of the slaveholding States.) O the lS'h July, Gov. Seward replied, stn ling that he was spending soma time a Au! urn, for ?llie restoration of iiis healt somewhat impaired hy his confinemen and occupation during the session of lli Legislature and b.xpresscai the hope, ti be aide to- bestow due consideration iipo the subject of theireorresponde?ie< *4ver soon." Again, on the I4th *" A igusl Governor Gilmer. addressed the Go 'em or of New York, aod called his utteji'do to their correspondence. > Jn the J St] SVpt. Governor Gilmer, again .iddrcstei Governor Seward, and among ollie things said, "I had the lienor to add res \our Excellency on tho 14th ult., ac know Induing t.ic recespt of your note o tru IS'ih J;.Iv. and as no answer hai reached me. I am induced to apprebem tiiaisoiiu: untoward accident, has pttrveu - 4 -? ....... it I#.-., t irtj. n T6<1 Tije rrccni hi \ <.? .u i . mine, ( ({?em jt necessary to advisi your $.\cejle:uy, of the. necessity <> britigiVi? our cor.raspondeneo to a c lose j ha**# porfipottecl tiit* execution ot ill* doty n:?ioo>i:d under the 4ih Resoiu 11 mi ot our (iener il As<einf?tv, incjid^a; tl 'hat vusr ExuuiUn. -V voulx I f y 0 !>.' - ' , I render it unnecessary for me to request i ol j the co-operation of the slave-holding j t< j States; as the time is approaching when 0 - the Legislatures of the States will con- ^ vene, I am not at liberty much longer to " defer u compliance with the 4th Rssolu. J j tion of our General Assembly. I cannot ^ do so, however, without again soliciting your Excellency's most serious attention, to the demand which has been made by j , the State of Virginia, oa the Executive of j* . New York " * n On the 2Sth September, Governor Se- b wa-d acknowledging the receipt of this si communication, informed Governor Gil- a l iner, that Mhe hid pre|>*red his reply to p ? the communication of his Excellency, en | I' the subject of the demand of certain fu. j gitives from justice, and should transmit ? 1 the same, as soon as it c-utd he copift'l i ' ! for that purpose." On the 3Jd October,1 ' I Governor Gilmer a<*ain nddressfd Gov- j t ernor Sow*rd. informing him thuf 4 he l n would be gratified, to hear from his fix- ^ 5 cellenry, as soon as his reply could be ? copied." On the fifth November, 1840. Gov. * 1 ; Gilmer, for the seventh time, addressed ' Governor Seward a note, in which he a 1 savs: 44I regret very much the necessity 3 " t of troubling vour Excellency again on 3 the subject of oui correspondence; but if 1 ' you will advert to its progress and ob' I jocts, you cannot fail to acquit me of any 1 1 i desire to precipitate your Excellency's 1 I judgment on the j?rave questions which c r 1 are nvolved. Seven months have e'ap. r j scd ?mce 1 had the honor tocommunicate ' ; the Preamble and Resolutions adopted J ' | by the Legislature of Virginia, and to in- j ' vite your Excellency's earnest attention c ; ' to the s ,'hject. 1 have received repeated } assiwancesof vour readiness to cornnly j with this request; and on the 28th Sep. ! ; tember, you informed me that your rely ! 1 to my communication of April last, had been prepared, and remained only to be ? F infnrrrw/l vntl. on the 22d O(' i t , tol?er, that your reply had not been re- j 1 V reived, and I ain still awaiting it. I c J t have forborne to execute the request contained in the fourth Resolution of the * Virginia Legislature, until the last moment, because I was unwilling to take for c granted, that any department or any offi- j for of the Government of a sister State, *j would persist in adhering, deliberately, ( ! to the dangerous construction of our fed- M ! oral compact which your Excellency had c 1 assumed in your former correspondence. P 1 ; Your Excellency has been pleased toack- I I now ledge this forbearance in very res- j 1 ' pcctfui terms; and ! trust, after remind- j ing von that the Legislatures of several i / f of ilie States are already in session, it will i not he deemed an Act of impatience on my part, to enquire whether tho copy of r your Excellency's reply has been coin- * pleted." On the 9th of November, Gov. Seward, * of New York, for the first time, replied I j, to Gov. Gilmer's communication of tho J tith April, and the information quoted a- c hove, was contained in that reply. -V'-?-(?rrlin,r to the best judgment which | f.nn be exercised by your Committee, th<- * course pursued bv tbe Executive of the State of .Ww York is condemned by the ,<J law of' nations?is condemned bv tbe Constitution of the United States?tbe * compact formed upon conciliation nnd ; n justice, for tbn common defence, intilnal 1 respect, amity and accommodation, and domestic tranquility ofnll file States?the j c treaty of friendshipand alliance, offensive i and defensive, among the confederating, States, winch modifies, controls and con- : ~ strues for especial purposes, tlic law of nations, as between tbem. The 2d Section 4lh Article of the Con-1 j stitulion of the United States, secures for j ^ " the citizens of each State, the privileges i and immunities of citizens in the sevoral . States." Protected under this section, and unmolested bv tbe authorities of Vir ? r : ? ginia. citizens of New York have, pursu- j ? oor their craft, traded to anrl from the J ' '* pons aii'l bays of Virginia. Under rover j ^ of this privilege, three ol them stole and 1 ^ : carried nwnv a negro, and when, under! | > c the stipulation of the second paragraph of . the same section, these men are demanded j j j by the authorities of V irginia, as felons ( uml fugitives from justice, the Executive j . oi Ncw York replies?No; thisSialeknows > no such things as property in human he ings?she does not recognise the act with ( which these men are accused, as a crime. . | I # . 1 I and therefore she refuses to comply with j * j your demand, and the solemn requisitions j ( ' I of the Constitutions and laws of the Uni- , | * ] ted States. Wiien, in obedience to the ( ; i iiijiinclionof the-Legislature of his Stale, | - and in the spirit of friendly forbearance ? and remonstrance, the (Governor of Vir* ( - ; ginia renews the correspondence with the ( t 1 Executive of New York, the matter is re, ferred by Governor Seward, on the 11th t I of April, 1940, to the Legislature of New , j York, by which his course was approved: . ! for although their Committee, (H. ol R.) | ( j was discharged. on ihe 14th May l>?ll<?w- | : ing, I'roitt tiic consideration of the* subject, ^ J if was upon the express ground that the ( ' i " positions taken by the Governor of thai . ' State wore sound and judicious, and that | 1 his exposition of the meaning of the con. 1 stitufionul provision in question, was the , I only one that could ho given, consistent- ( r | ]y with the sovereignty of the State, and | j : tne rights of the citizen." , j In further illustration of the sentiment < f prevailing at the Capitol of \ew York, in | s | respect to the demand of Virginia, it is re- j I 1 m.rrked tliat on thefjfh of May, 1840, was j passed an Act hv the New York Legisln- < lure, c.ii tit led " An Act to extend the right j , 1 of tr.al !>y jury,,' the most important < i* provisions of which hxc the following : > Sue. 1. Instead of the hearing provi. , | (led by the first Article of Title I, and Chapter 9. of the Third Part of the He- ( , vised Stiillies, to be had before a Court 1 j or Officer, upon the return ofany writ of | i habeas corpus issued to bring tip the IhhIv ; ? v (\ 4 . V.. ! gggggggg fan alleged fugitive from service or labor, i Which lie is held under the laws of any liver State, who shall have escaped into ns State, the claim to the service of such lleged fugitive, his identity, ana the ict of his having escaped from another tale of the United States into this State, nail be determined hy a jury." The 2nd, #rd, 4th, 5lh, and 0th sections, ; rescrib* thw mode of proceeding. Section , provides that if the finding of the jury i in favor of the clattuwt, upon alf the ' Killers submitted, the Court or officer cfure whom such heating shall be had, haU grant to such claimant or his agent, certificate," which shall autiioriae the erson receiving the same to remove the j igitive (herein named, wunout any un- j ctswiry delay, through and out of th* j itate, on the direct route, to the State ,oin which he ftod." &*;. 8. ? If the finding of the jury br j gainst the claimant, on any of the inatrra submitted to thern, the person so daiied as a f*gilive shall forthwith he set at heriy, and shall never thereafter be moisted upon the wm?: chum; and any p9ron who shall thereafter t?rr?wl, detain, or focaeil in any manner to retake such llegod fugitive upon the same claim, or hall hy virtue of the same cUilR Ifcittnve uch alleged fugitive out of this State, irider any process or proceeding whatever, hall be deemed guilty of kidnapping; and ?pnn conviction, shall he punished by mprisonment in the 6'tate Prison not ex:eeding ten years." Sue. 9. The District Attorney of the bounty in which any alleged fugitive rom service or labor troui another Stat#, hall he proceeeded against hy any person daiming such fugitive, shall, upon notice if such proceeding, rendur his advice and >rofe>sionnl services to such alleged fugiive, and sUatl alfeud, in his behalf, on j lie trial of such claim, and shall receive uch compensation thorefor, as shall be icrtified to he just and reasonable, hy the Jourt or Officer he lore whom the proceedngs shall he conducted; to be paid as jwut f the Contingent Kxpenses of the Conny. And in cu?e of the omission of such district Attorney, to attend, or to render lis professional services, th? Court or offier before whoin the proceeding shall he iad. shall assign some Chancellor of the Supreme Court, iit good standing, to conluet llic defence of such alleged fugitive, nd render lo him the usual servicesof n ounsol, for which he shall receive a comsensation lo he certified and paid, as herenheforc provided in respect to the Disriet Attorney. Skv. lit. Every person so claimed as a ugitive. shall he entitled to subpeeonas < or his witnesses.'from the Court or officer icforo whom the habeas corpus luav he eturnahlc, without any fee or charge herefor; and every Constable, NherifF, or tfarshnl, to w|mm any such suhphcunn I hall be delivered to he served.-shall serve he >nrrie, and shall he allowed the same lees as for serving a capias ill the Court i ?f Common Pleas, tr? he paid as part of he contingent expenses of the County, in he event of a Jury summoned under this let, determining in favor of the claimant. SSC. 11. Provides lor the " enforcing f suhpdinas for witnesses, and coiitpellng them to testify." and enacts, that "the t>ev of the (Sheriff or Constable.'for sumnoning the jury, and of the jurors, nnd of he officer hearing and trying any such laini. shall Itr. pail by thj claimants in all > > axcx. Sac. 12. No person shall he entitled, > a writ of hai>-as corpus to a nest a fugitive from labor or service, until he shall lave delivered to the Court, or officer to ihom application for such writ shall he nude, a bond to the people of this .S'lafe, n the penal sum of one thousand dollars, vith two sufficient sureties, inhabitants md freeholders of this (State, to be ap?roved bv such Court or officer, conditional to pay all costs and expenses that inay iccrue in the prosecution of the said vrit. legally charge iblo to such claimant ind also to pav weekly, the sum of two lollars to the person having s icii alleged ugilive i:i Ins custodv, for the support of uch alleged fugitive, so long as he shall - ? -i . ( writ It:* 'finum III '"U.SHJ:, V *?l r> w*^ t I ? ... oas cornus, or bo detained bv the pnvoo. hngs thereon: and also, (rial iI* any ;u:v mpunnelled tinder luis Art, shall render i verd.ct against such claim, then, that <ucti claimant shall pay all (he costs and xponscs nf the proceedings, including hose to which such alleged fdgitive shall lave been subjected, and in addition thereto, shall pay to such alleged fugitive the sum of one hundred dollars, and all jainagns which he inay sustain. The ion-! shall he filed in the office of the C'lurk of the county, and may he proseouted by any person claiming any benefit from its provisions, in the name cf the people of this State, hut the people shall * 1 I ? 1.1 _. f.? o...l j in aiiok mii 11 not I Hi Ilil'IH* III (i;iv l.il.Ti III niibii ami. iS'kc. J3tn and 14th immiiteriql. Skc. 15. Authorises 44 the Constable r>r officer. before any such trial shall tie bad, on fhe' appliralinn of the alleged fitlice slai'g, to grunt a commission for the examination of witnesses out of the Ninte, iihl authorises the adjournment of the hearing from time to time." Sr.c. 15. No Judge or other officer of this .Slate, shnll grant or issue any certificates or oilier process, fur the rcmmal from thn Slnto of any fugitive, or of any person claimed as a fugitive from service ?r labor. otherwise thai, in pursuance of the provisions of this Act : and every mcIi Judge or other oificer; who shall ?rant or issue any such certificate or rher process, except in the manner prescribed in and by this Act, shall be JeOHK-.d guilty of a^nisiiemeaiior, and lir.n ni^hinonl t iiori>lirir. IUIUIW ?..w. Sec. 17. Every person who shall, without authority of Inw, forcibly remove, ir attempt to teinove fiom this State, inv fugitive from sorvieaor labor, or any person who is-claimed, as such fugitive, sin..: i'o!i'eii ibe sum o.' five l.jndrcw Jol jr lars to the party aggrieved, and shall be deemed guilty of the crime of kidnapping; and upon conviction of such offence, shall b? punished by imprisonment in the State Prison, for a period not exceeding ten years. Viewing the provisions of this Act of the Legislature of New York, in connexion with the refusal of the Executive of that State, to comply with the reasonable and duly authenticated demand of the Governor of Virginia, to deliver up the fugitives from justice in question, to gather with the reason assigned for such refusal, " that one man cannot be the property of another," and the determination of the Lagislnture. that " the positions taken bv the Governor were sound and judicious," it seems to your committee to he too clear to admit of a doubt, that the then dominant party in the State of New York, have deliberately trampled under frx.t parts of the 3nr. section of the 4th Article of the constitution of their country, %nd have wantonly, and arrogantly abrogated the faith solemnly pledged to her sister States, *4to establish justice. and ensure domestic tranquility. Such alsoseeins to have been the view taken of this transaction by the authorities of Virginia. Her councils have accurdirtgly, at their last session, passed an *'Act to prevent the citizens of New York from carrying slaves out of the Commonwealth, ami to prevent the escape of persons charged with the commission of any crime,? a copy of which is herewith sub. mitted. Such is th? remedy which has lieen adopted by Virginia, in vindication ofht-r rights, and in defence of the properly of her citizens. She has caused the corresjiondence, with the policy she has adopted, to he laid before the authorities of this State, for our examination and approbation, and has invited our co-operation. What then, is it incumbent upon Carolina to do ? It is the unanimous opinion of your committee, that the action of this Stale should lie indicated, in a character by the identity of her interests with those of Virginia. They accordingly recommend to the attention of the Senate the Bill already referred to. Your committee heg leave further to recommend for the adoption of the Senate, the following Resolutions'. 1. M'Wm/,* That this Legislature view with regret and abhorrence the constructive meaning of the constitutional n ( provision respecting ''fugitives from justice," and " fugitives from service," asserted by the Executive ami Legislative authorities of the State of New York, in ' - tfijn I tho year io*i?. | 2. Rcxolced, That in the opinion ol thin Legislature, the forced ?ud danger. oim construction put upon the 4th Article of the constitution of the United Staled, and the arrogant pretentions tu I control its operation by the Slate of New York, as indicated bv the positions of her j Rxocntivo in the progress of the latn com. I troversy with Virginia, and the proceed; ings of her Legislature pending the same, I should b'* repudiated and discountennncet hv every state in the Union, as destruci tivenf the faith pledged in the Constifu; tion, and ultimately subversive of thai ; Slate Sovereignty, upon which they pro fess to he founded. 3. lirsoirciL That the Governor he re i quested to communicate to the authorities ! of Virginia, the high sense cnterlainet j ~ " t , j bv this Legislature, of tiieir moderator and respectful forhenrance in conduetini j the recent unhappy controversy with tin Stale of New York?of I he justness o the position assumed bv Virginia, atu ! the assurance of the hearty co-operntioi of South Carolina, in all proper measures ; to vindicate her rights as n Slate, and fi I r.?inftriu nf her citizens. j prmcbt ?u?I All winch i* respectfully submitted. R. F. W. ALLST' *N\ J Chairman. I 1 ' The following ?'?< rut Uy th* C.'ov ?r:?or of (irorgin to tho .tt'.ir?: of titnl at the ti:no of it.? dale. exkcmtivk i)si* vn r>ir>T, ) jlfiHe,{grille, Dec. 1. 1841. ) VVitii my message of tho 2d ult , I h.v the honor to communicate lo yon thi . copy of >t correspondence with the (rover i nor of New York, relating to a demnm j which I had made upon hirn. for the arm* j and delivery of John Greenrnnn, a fugi j five from the justice of this Stale charged with the larcenov of a slavr upon the nliidavit of Robert VV. Fionr i nny. At a superior Court of Chathnn : county, held after the making of the afti j davit by Mr. Flotirnoy, John Green ma i j was indicted for (his offence by the nuim I of Alanson Groenman, a name assume' by him, tl?)iiI)tlo8? to escape detection To remove I he difficulty und scruples n ihe Governor of New York, in relation f I (he sufficrooey of the charge containei ! in the a Hi la vit, I renewed the demand | based upon lho indictment, a copy o which, authenticated as required by tb Act of Congress, was transmitted. Yoi will perceive, from the correspondence, copy of which is herewith transmitted that another pretext has been raised b Governor Seward for evading the per forma nee of liis constitutional obligations j It is pretended by him that the hill of in dietment is defective, anil he has undei taken the office pf coonseijfor the accusec by taking untenable technical exception !.? i.p/i?<>o/!ini;s. I have answers Ill IUU p. ih' m, as you will perceive, but I hnv been long since convinced ihatitssui neces^ry fo address either argument < rens.?n to his understanding, or to retnin him of the necessity of executing, i food faith, according to the letter or spirit, the wise provisions of the Const tntion, by which the States are enable in giving otfi?*joncv to tiieir criminal law to maintain the peace and safety ofior eiy. ? I ,111,, 11. . .w I While he declines complying with rnv I the demand, on the ground of a pretended de-! in feet in the indictment, he indicates the J mr intention, in no equivocal terms, should W his objections to our judicial proceedings i th< be overcome, to sustain his refusal on | pe principles no le-s unwarranted by the a IF constitution, than offensive to the people sp< of this State. wl There should be no longer delay in > sei settling nutlioritatively the manner in to which fugitives from justice ar* to he wl delivered, when they are found in another pr jurisdiction. Congress has the unques. tionabie authority, under the constitution, 0 to regulate this matter, and it is clearly th the duty of the General Government to th cause fugitives from justice, who escape 7 s from the Siafe iu which the ciime was tii committed, and are found in anotho?, to th he delivered up, upon the demand of the th *' ' * - ? kuifinir i nf Executive auinorirv ??i mo oiai*, j ? jurisdiction of the off n< e. But inns-1 in much as the mode provided by Congress, p( for discharging Uu* high obligation to th# States, so essential to the safety of socie* th ty, and tho security of property, has in proved inefficacious, and as no disposition fit is manifested by the Federal (lovcrnment c< to remedy the defect, the subject is of qi sufficient importance to justify a Conven- at tion of the States, to lake it into con&ide- tc ration. in But we should not defer, for a moment, st the adoption of measures for our own safety. The regulation heretofore re- E commended by ine, would ensure the u | safety of our property, and prevent all hi interference with our slave population. T Any other constitutional measure, how. j ever, which your wisdom may suggest, as i expedient and proper, for the attainment' of these desirable objects, shall have my j E concurrence. Charles Mcdonald, c REPORT OF THE POSTM ASTER GENERAL. js Post Ofpick Dkpartxrxt. ^ ( Dec. 1.1841. S S-I To the Pre.titlr.nl of the United Stales: In I he discharge of the duty of report. J ing to you the condition of the General : Post Office, I have to regret that mv re- ; '| ' cent inHuction into office will prevent me | j from giving you that lull development nt this time so necessary to a clear understaudingof the various and extended operations of a Department so tm|>orfiwi( a and interesting to every class of our fel! low citizens. j Unlike the other Departments of Government. which derive their support from the national Treasury, the General Posi ' Office looks for tho moans to continu;' ' i and extend its operations to the income j v derived alone from a successful ndminis. tration of the laws prescribing its duties j and privileges. j 1 The General Post Office, at first almost j i I the creature of administrative discretion. ; t i necessarily so remains, to n great <! - ; j grce. at the present time. In its infancy, , ' it required the constant and vigilant su- > | . j |>erintondenctf of its head to direct its nf ! . j fairs in such a manner as to extend tho , | sphere of its usefulness, commmensurate , I j with ilio increase and extent of popula- j . j tion and business. Equal, if not greater, . ' vigilance is demanded at the present 1 t ! day. - j It is to he desired th it, in the general ? administration oi the Government, as lit- . ' i tlu of discretion as possible should be left ! ? I wiih those charged with public trusts; and I | I regret mv acquaintance with the details i i of the Department, at this tim -, is so liru- ! [ ited as not to qualify ine to suggest more i specifically those improvements in the ; f laws pertaining to it, whereby much of I j that discretion, heretofore exercised, i ! might he restrained and profitably rcgula- ' h leu i>y legislative enactments. The pro3 prictv of these remarks will he fully de. 1 monslratcd by a recurrence to tiie history i of the Post Office operations, from their I 1 I commencement to ihe present lime, i In 179.'). the whole number of post ofi fices in the United Slates did not exceed " , seventy-five : thciinniber of n iles of post 9 . road, l.S7">; fhc revenue, !)3G ; the | expenditure, STMIn 1S40. it will j be seen that the whole numlvr of post otii'-cs in I!?? U. .States was l.j.-im ; cmf number of miles of post road, l")5,739;i ? tlio gfoss revenue for the sainc year was . 8 4,5 TJ.'JOo. and the expenditure was Si,* j 759.110. The necessity of guarding, : t as far as practicable, by specific legisln . i tion, such an amount of income and ex* >t peiidituro, and the duties and liabilities of ?o many adonis, must be apparent. As has already been remarked, the ori* j a ginal design in the establishment of the i . Post Office Department was that its in I ii come should he ma le to sustain its opera* K lions. That principle ought never to he J | abandoned. Whilst the Department I . should not he regarded as a source of' ,{' revenue to the nation, it shotibf never n hecome an annual.charge on the Treasu* | :i ry. |, Upon assuming the discharge of the ,f duties poriainihg to to the olfice of Post* j n master Genera i, iny first object was to J j investigate its financial condition ; and it j n becomes my duty to inform you that I did |. | not Hud it in that prosperous stale which yr tlie demands upon it require. I The income at tins Department is uU | i. wars liable to be affected bv the fluctua. i. lions of the business of the country. It is j . increased or depressed in proportion to ; the increase or depression of that busi- j i"? j ness. (| 1 Besides this cause of fluctuation in its e income, oilier causes of a reduction, more ; i. or less in every year, may be found in the j ,r increased facilities which the travel upo i | id railroads and steamboats furnishes for the : n transmission of letters and newspapers by I id 1 private conveyanA; secondly, in the j. great extension, to say nothing of the d abuse, of the franking privilege; thirdly, 'if lue recent establishment of what are cal i. led private evnresse.v uj>on the great mail loutes of the United .States; lourtlily, in ; frauds practised up >n the Department, evading, by various devices, the pay>nt of the postage im|?osed by law.? bile all these muses operate to lessen ? revenue of the Department, the ex. nses of transporting the mail are not octed or lessened by them; and I re* 5ctfully suggest whether the evils to licit I have referred do not deserve, the rious attention of Congress, so far a? call f<?r some more specific legislation, lereby they may bo removed or?Of>essed. The total nrrrwn revenue of the Fpat flfice for the fiscal your commencing on e 1st of July. 1840. and terminating 00 e 30th of June, 1841, wan *4.379,211 <; the total expenditure for the name Tie was 81.507.238 39. In this year i6 expenditure exceeded the revenue by le sum of 8187,920 61. A statement , ' the expenditures, more in detail, will i due time, as required by law; be re* >rte.d to Congress. The precise income and expendiltireof te General Post Office cannot be knotf* i any one very, until the close of the jcai year, and the settlements of all tc* Hints have been completed. Con so* lentlv, any statement of nxpeaditMf* id income, f??r th* present year, in liable i the fluctuations and changes always icident to the peculiar character of the irvice. The expenditures and income of the 'apartment for th? current year may, pon estimate, be stated in round .ftujii* ersas follows: ofal amount of revenue derived frnm nostr.v?H. fines. and all oilier sources, : $4.3)80:00 Ixpense of mall transporta. , m tion, : : : : 3,145,000 * ,'oramission to Postmasters, if the rates of per coinage remain unchanged. : 1,015 'HMI Ihip. s<earnl>oat, and way letters, : : : *M*0 ncidental expenses, iricludint; blanks, stationery* printing, dec. : : i 310.000 Total estimated expenditure, 4.190.011(1 Total estimated income, : 4.5HO.OOO 81104100 Thus it will l>e seen that the provable .mount of expenditure vvill exceed the mount of reveiiU", as estimated by H 10,000. ? ? With this deficit prese tting itself *?, inlpably to rtiv mind, I have e*AiV*d Jo nfnse into the administration ol'lhb'xef? 'hmH cfiitimiiv Vel? with hit the ,, w " - savings which it may be possible tdmakc ?y the most rigid economy, I am satisfied he expenditure cannot he reduced with-1 n the income, without either redupijig he transportation of the mnilt i*t wants of the community, *?r in some ither mgdc increasing the revenue of Hie Department. To continue the present amount of service, and extend with it tin? growth imi spread of our jMipulat io*t? pwrt-c dartv in the West, the prrsmt revhnue, with its former charges, j* evident y iiiadr. ]iiate ; and a reduction of that servicu greatly ixdow its present standard Would have taken place, unless Congrem should make an appropriation from Public Treasury which ( neither a*k few ^ desire to see made. l" . Upo.i a view of all the circumstance*, and with a perfect sense of the'delicate responsibility assumed, I have fell my. self imperiously called upon to exrrdso a power vested hy the act of H'i.'j in the Postmaster (iener.il, and have r*adjn*f*4 . the commission .heretofore allowed to deputy postmasters. Rv tins regulation a x ropy of which is annexed, there will bo -iddnrl to the net! annual income of the Dopartrn'jnt ahrei* Si|0,(M>0. I thought it better lo do thin than either to ask Congress for an appropriation or tu re. duce the transportation of the mail helow the just wants of the community."' Win:it it is known that this reduction has been made to eitalnc the Department to scud intelligence among the People, by continuing and extending mail fikcilu ' * .i.i.r, tie*, and not in a spiru 01 paiKiiut*ni'??~ economy, I ho lihoral and enliifhtcnctP.inf all sections will, I ain persuaded,' what lias been done; a;,d I .vill not'iiltow rnvs If to believe that those whom it mmt immediately alfects will view it in an illiberal spirit. Should Congress, however, not ap. prove of this measure, they will have it in their power, before the order takes effect, to arrest its foree; and will no donlit adopt the necessary measures to require ihe reduction of mail service, or to phivide the means of paving ti e balance which will he due to contractors at the end of the year. 'I he annexed report of the Auditor of the Post Office Department, marked B, will exhibit tiie progress which has been made in the adjustment and liquidation _ of the accounts of postmaster* since the V 4th of March last. It is to expected that among 14,000 deputy postmasters (appointed generally without a personal knowledge of the individualsor their securities) there wilt lie found seme who will prove faithless to their trusts, and whose securities are not good for the amount due the department. In view of this, I have instituted a rigid inquiry, not only into the titness and buku ness qualifications of the postmasters, hi it the solvency of their securities, fram * - ' i which the best result* may ue anticipated. I This operation, performed in part hr the ! special agncts of the Department wuhr i the hotter of instructions annexed, marked ^ C, .ipd tae prompt settlement of tho ac- ' '