Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, December 29, 1841, Page 230, Image 2
mmmm????
ature, with commendable moderation, I
after aiguing tho case at length, and re-I
futing thus the dangerous jwsitions-assum j
rd hy the Executive of Now York, adopted
among others, the following R *>lutions.
44 2d: Resolved. That the course pursued
hv the Executive of \ew I ork, cannot
he acquiesced in ; and if sanctioned
by that State and persisted in, it wdl he.
come the solemn duty of Virginia to adopt
the most decisive anil erticient measures
for the protection of the property of her
citizens, and the maintenance of rights,
which she cannot, and will not, under
any circumstances, surrender or abandon.
443rd. Resolved, That the Governor of
this State be authorized and requested to
renew his correspondence with the Executive
of New York, requesting that that
functionary will review the ground* t*k*u
by him; and that he will urg?' the consul- ,
eration of the subject upon tho Legishiure
of his State."
4th. Requires the Governor to Submit
the case to the other States, and invite
the co-opcration of the slave-holding
8tales.
'* ^ r- :? *k:.u
in compliance wiin mo iorr;i4,,,,i4 uum
Resolution, Gov. Gilmer, on the Oth
April. 1840, addressed the Executive of
New York. and transmitted the proceed- J
ingsofthe Virginii Legwbtire. 0:i the
lSlh of April, Governor Seward acknowledged
Ihe receipt of this commuuicarion; ,
inlortnt-d Governor Gilmer that he felt it j
his duty to submit the same to the L :gis- ,
latnre of his Slate, and that his answer ,
would necessarily be delayed until after .
its adjournment. This note wasat>com- !
puttied by a copy of Gov. S -ward's Viessage,
transmitted o> the 11th of April, ?
1S40,{together with the proceedings of the i
Virginia Legislature, to the LtgislatureJ
of New York. In this Message, Gov* J
nSeward soys, " the proc sidings of ihe ;
<roneral Assembly of Virginia manifest a
desiro to obtain the sen. e of the Legisla-1tirc."
He commends to their con>ideration
the said proceedings and the corni:u;ni.-:;!ion
of Gov. Gilmer, and informs
them thatdie will defer his reply in the !
hope that he inav be aided by the wis
dorn of t.'ie Legislative Department.
Gov, Seward, in his communication of
the 9iii November. 184lb informs the Executive
of Virginia, that no action was
had upon the subject in tlie Senate : thai
it wa> referred to the Judiciary Committee
in tin: House of Assembly, which, on the
Mtii May, made a Report, asking to be
discharged imnt the mruier coiiMiucrimon i
of the su'ij ret, in winch ihcy said :
on a careful examination of that correspondence,
your committee cinnot dis
niwr any occasion lor the int.Tpos'tion
of this Mouse, oven by way of advice ?
They b* huvc the position taken by the
Governor of tins JSiaie to ho sound and
judicious, and that it is exposition of the
meaning of the Constitutional provision
in question, is the only one that can be
given consistently with the Sovereignty
of the State anil the rights of (he citizens,
while it is in strict conformity (!) with
our Federal obligations to oilier Stale*,
and recognizes all the rights which is nttended
to he secured.
The committee content themselves
with the expression of their general concurrence
in the views of tie- [Sxpcutivr
lecause the su'ject is one winch cannot
he expressed with brevity, and bccniw
it has liecn examined and illustrated with
distinguished ability. Conceiving tna<
there is no occasion to submit any prop... ,
sition to tne house tor its action, your
committee ask to i?e tiisenargcu irom u?t
further consideration of the subject."
"The Committee" savs Governor Seward,
"w 6 thereupon discharged."
The difficulty of obtaining thiscoinmulocation
of the fate attending Virginia'*
resjieolful n|?|>eal to the Legislature of
New York, will be seen from the following
statement of facts.
On thrtilh June, 1840, Governor Gilmer,
acknowledged the receipt of Gov.
ernor Sowird's communication of the
18th Aj?ri', and informed him that ".is ,
some time has elapsed, since the Legislature
of his State was reported to have
adjourned, he begged most re?Dcc; fully,
to recall his Excellency's attention to the
suliject of his former communication
to this, no reply was received. On the i
13thof July, Governor Gilmer, again i
called Governor Seward's attention to :
the subject, and reminded him, of the
duties assigned him b\ the General As.
u...nM,r I \i i't tr. transmit comes of tl)C !
" - - .
correspondence, and request the co-opera- ;
I ion, of the slavehoidieg States.) Oi?
the lS'h July, Gov. Seward replied, staling
that he was spending some time at 1
All! urn, for "the restoration of i?is health
somewhat impaired hy his confinement '
and occupation during the session of the J
Legislature and expressed the hope, to
he able t?>- bestow due consideration lipon
the subject of their corresponde7iv< , 'very ,
soon." Again, on the Itlh * A igust,
Governor Gilmer. addressed tlm Gu'cni- 1
or of \ ew \or';, aod c.'di"U his aite;ifion
tf? their ?,?;ri"sj:'.n.ivjie.x. 1 ii?- j Sth
Sr])!. (iov: riM r ' 11!:i;i , again a dosted
d-ivcrnor S -u..r:i, arid among oilier \
said, "I liatJ tin honor t<? address
our Kxce'leiicv on the 14th nit., ac- j
kUO'A !"t:l? KMV'jH <M your lion; in
tie !- J.-.'v. a:.'J as no answer has J
reached i?i *. I t<n iriviced to :i1
It.a. m.:: .v >i. .r<! accident, has juovv.ated
4!; rr<*< .t of v.r.ir cuMonrMicatinn or
>
nnor, I ;t m: 'cs-at v to advise |
vour :iCoj!c::(y, of 'lit?, necessity <>f
bringing our (uc^sp^riee-.eu r?. a close. j
i hav# P<ks{jmriled toe execution ol ilie i
dotv assi^ei;.! :r.i\ under the 4'h ResoJu. J
:.?? ? ot our (i'-acr il \ssemh!y, nnJul???fl?; i
t'i?c?:'-iirtt \ .Ui' E\cc?liu. 'V Would
' ' 1
? ii 1111! iin tmwarmmmmmmnomfmmvm m mi
render it unnecessary for me to request j
the co-operation of the slave-holding j
States; as the time is approaching when
the Legislatures of the States will convene,
I am not at liberty much longer to
defer a compliance with the 4th Resolution
of our General Assembly. I cannot
do so, however, without again soliciting
your Excellency's most serious attention,
to the demand which has benn made l?v
the State of Virginia, oa the Executive of
New York."
On the 23th September, Governor Seward
acknowledging the receipt of this
communication, informed Governor Gilmer,
tb-l "he had pre|>ared his reply to
the communication of his Excellency, en
the subject of the demand of certain fu. j
gitives from justice, and should transmit,
the same, as soon as it c-utd be copied;
for that purpose." On the 2'Jd October,'
Governor Gdmcr again address*! Gov- I
n l
ernor Seward, informing him that 4 he
would he gratified, to hear from his Excel
lency, as soon as his reply could be
copied."
On the fiftb November, 1840. Gov.
Gilmer, for the seventh time, addressed
Governor Seward a note, in whicb he
says: " I regret verr much the necessity
of troubling your Excellency again on
the subject of oui correspondence; but if
you will advert to its progress and objects,
you cannot fail to acquit me of any
desire to precipitate your Excellency's
judgment on the: f?rave questions which
arc nvolved. Seven months have elapsed
-uuce i had the honor tocommonicate
thv Preamble and Resolutions adopted
by the Legislature of Virginia, and to invite
your Excellency's earnest attention
to the h 'hject. 1 have received repeated
assurances of vour readiness to comply
with this request; and on the 28th Sep.
tember, you informed me that your rely !
fn mv communication of April last, had j
been preparer!, arid remained only to be
copied. I informed you. on the 22d Octol?er,
that your reply had not been re. I
reived, arid I am still awaiting it. I
have forborne to execute tiie request contained
in the fourth Resolution of the
Virginia Legislature, until the last rn?mcnt,
because I was unwilling to take for
granted, that any department or any officer
of the Government of a sister State,
would persist in adhering, deliberately,
to the dangerous construction of our federal
compact which your Excellency had
assumed in your former correspondence.
Y our Excellency has been pleased to ack- i
nowledge this forbearance in very res-j
pcetful terms; and I trust, after remind- j
ing you that the Legislatures of several
of the State's are already in session, it will i
not be deemed an Act of impatience on
my part, to enquire whether the copy of
\ our Excellency's reply has been completed."
On the: 9th of November, Gov. Seward,
of New York, for the first time, replied
to Gov. Gilmer's communication of the
bill April, and the information quoted ahove,
was contained in that reply.
According to the best judgment which
can be exercised by your Committee, the
course pursued l?v the Executive of the
Slate of New York is condemned by the
law of nation.-.?is condemned bv the;
----- . I
(ion^titiitinn of the United States?me !
compact formed upon conciliation and ;
justice, for tins common defence, mutual '
respect, amity and nccommodatinn. and j
domestic tranqmiitv of all tins States?the ;
treaty of friendship and alliance, offensive j
and defensive, among the confederating (
Stales, which modifies, controls and eon- j
'.trues for esjceial pur poses, the law of i
nations, as between thein.
The 2d Section 4th Article of the Cori- j
stitulton ot the United Slates, secures lor j
' the citizens of each Slate, the privileges i
and immunities of citizens in the several 1
States." Protected under this section,
arid unmolested bv the authorities of Vir I
ginia. citizens of New York have, pursuing
their craft, traded to and from the
ports and hays of Virginia. Undercover
of this privilege, three ot them stole and j
carried awav a negro, and when, under I
the stipulation of the second paragraph of
the same section, these men are demanded :
by the authorities of Virginia, as felons
and fugitives from justice, the Executive ;
ot New York replies?No; thisSiaie knows :
1 !- ' _ ? f I r. hi,|,f, j
no such inmg.s ?is piMjii n* in ..... ?
j?urs?site does not recognise the net with j
which these men are accused, as a crime. I
and therefore she refuses to comply with j
your demand, and the solemn requisitions J
of the Constitutions and laws of the Uni-1
ted States. When, in obedience to the j
injunction of the Legislature of his Stale, i
ami in the spirit of friendly forbearance!
and remonstrance, the (Governor of Vir- j
ginia renews the correspondence with the |
Executive of New York, the matter is re- :
ferred by Governor Seward, on the 11th
of April*, 1?40, to the Legislature of Now
York, by which his course was .approved;
for although their Committee. (II. ot R.)
was discharged, on the 14th May following,
Iroiu the consideration of the subject, j
if was upon the express ground that the j
14 positions taken by the Governor of thai
ijtaie were sound and judicious, and that
his exposition of the meaning of the con-1
.slttulionil provision in question, was the!
only one that could he given, consistentJy
with i lie sovereignty of the State, and
tne rights of the? citizen."
In further illustration of the sentiment
prevailing at the Capitol ofNew York, in
respect to the demand of Virginia, it is re- j
m :i\ked tliaf on thefifh ofMav, 1840, was |
onsseJ an Act hv the New York Legtsln- I
I
tore, entitled " Aii Act to extend the right!
lit' ir,.il !>y jury,,' the most important
provisions of which arc the following :
Ski;. 1. Instead of the hearing provi.
d?*d hv the first Article of Title 1, and
Chapter 9. of Hie Third Part of the Re.
vised Staines, to he had before a Court
or Officer, upon the return ol'anv writ of)
habeascorpus issued to bring up the body
p . . __ .
' <T V ' %tf>
mMJUI'I uwj?n'J">M??w?pw?
of an alleged fugitive from service or labor,
to which lie is iteld under the laws of any
other State, who shall have escaped into
this State, the claim to the service of such
alleged fugitive, his identity, and the
fact of his having escaped from another
State of the U nited States into this State,
shall be determined hy a jury."
The 2nd, Jird, 4th, 5th, and 6th sections,
prescribe the uiodo of proceeding. Suction
7, provides that if the finding of the jury
is in favor of too clarionet, upon alf tbu
mailers submitted, the Court or officer
before whom such hearing shall be had,
-U.. 11 . .ftnf Ia oiioK ninimaat U ^ 1 t
SlliMi glim ?w ' uvu III 1(13 pgwilif
a certificate," which shall autiieriie the
person receiving the same to remove the
fugitive therein n*m?d, without any unnscessiry
delay, through and out of the
State, on the direct route, to the State
Tom which he fl*d."
8. " It the finding of the jtirv he
against the claimant, on any of the matter*
submitted lo them, the person so claimed
as a fugitive .shall forthwith he set at
liberty, and "hall never thereafter he molested
upon the sum: chum; hoJ if?v arson
who shall thereafter arrest, detuirt, or
proceed in any mannor to reUko such
alleged fugitive upon the same claim, or
shall by virtue of the same claim feiaove
such alleged fugitive out of this State,
under any process or pjoce+ding whatever,
shall ho deemed guilty of kidnapping; and
upon conviction, shall he punished Dy
imprisonment in the 6'tate Prison not exceeding
ten years."
Sttc. 9. The District Attorney of the
County in which any alleged fugitive
from service or labor Iroru another Stat#,
shall he pn>ceeeded against by any person
claiming such fugitive, shall, upon notice
of such proceeding, rendur his advice and
professional services to such alleged fugi
live, ami atiiati attend, in his behalf, on
the t rtH I of such claim, and shall receive
such compensation therefor, as shall be
certified lo he just and reasonable, by the
Court or 0:rie?t> before whom the proceed,
trigs shall he conducted; to be paidas|?rt
of the Contingent Kxpeniiosof the County.
And in ca>e of the omission of such
District Attorney, to attend, or to render
his professional services, tha Court or offi.
cer before whom the proceeding shall he
had. shall assign somo Chancellor of the
Supreme Court, in good standing, to conduct
the defence of such alleged fugitive,
and render lo him the usual services of a
counsel, for which he shall receive a compensation
to be certified and paid, as here,
inbefore provided in respect to the District
Attorney.
iVkc. 10. Every person so claimed as a
fugitive, shall he entitled to snhpcecnas
for his wit masses.'from the Court or officer
before, whom the habeas corpus may he
returnable, without any fee or charge
therefor; and eve.rv Constable, -Sheriff, or
Marshal, to whom tniv such suhphcenn
shall b; delivered to bo served, -shall serve
the >nrrie, and shall be allowed |hi? same
foes as lor serving a capias in the Court
of Common Pleas, to he paid as part ol
the contingent expenses of the County, in
(he event of a Jury summoned under this
Act, determining in favor of the claimant,
Szc. 11. Provides for the " enforcing
of subpoenas for witnesses, and compelling
them to testify," and enacts, that "the
fees of the Sheriff or Constable, for summoning
the jury, and of the jurors, and of
the officer hearing and trying any such
claim. shall. hr pail by th; claim-ails in all
C(l?>V.
.Wr 12 N'o ne'rson shall be entitled,
" " * I
t> a writof hub-as corpus to artest a fii??itivt;
from labor or service, until lie shall
have delivered to the Court, or officer tr
whom application for such writ shall he
marie, a bond to the people of thin iS'late,
in the penal sum of one thousand dollars,
with two sufficient sureties, inhabitants
and freeholder* of this iStafe. to be approved
by such Court or officer,conditioned
to pay all costs and expenses that ina v
accrue in the prosecution of the said
writ, legally charge iblu losicii claimant
and also to pav weekly, the sum of two
dollars to the person having such alleged
fugitive i:i Inscustodv, for the support of
>uch alleged fugitive, so long as he shall
remair in euslodv under such writ of ha.
beav crpus, or So detained hv the proeeedings
iliercou: and also, that if any jury
iiupaiiaeilcd under tnis Act, shall render
a verd.c' against sti-*h ciaim, then, that
such claimant shall pay all the costs and
exponas of the proceedings, including
those to which such alleged fdgitive shall
have been subjected, and in addition
I thereto, shall pay to such alleged fugitive
the su n of one hundred dollars, and al
, damages which he inav sustain. The
bond shall he tiled in the office of the
Ckrk of the county, and may be proserin
j ted by any person claiming any benefit
I from its provisions, in the name cf the
j people of this .Slate, hut the people shall
not he liable for any costs in such suit.
iS'kc. J3tn and 11th immaterial,
i ?S'bc. l">. Authorises ** the Constable
1 or officer, before any such trial shall he
| had, on the apjdiealion o/ the alleged fa(lice,
sluvgt to grant a commission for tin
examination of witnesses out of the .S'late,
and authorises the adjournment of the
hearing from time to time."
1 ft Va fit;l(ro fir nfTlear tif
| I'/i * i v/ ? "''fi' " "nr/ui w?
this .Slate, shall grant or issue nnv ccrti
i *
jficatesor other pmoess l??r the rerno\al
j from thi* ?Vtate of any fugitive, or of any
person claimed as a fugitive from service
! or labor. otherwise that, in pursuance ot
i trie provisions of this Act : and everv
I such Judge or other oificer; who shall
grant or issue any such certificate or
o'her process, except in the mannei
prescribed tn and by this Art, shall be
deemed guilty of a ^Misdemeanor, and li<
ahleto punishment therefor.
Sec. 17. Every person who shall,
without authority of law, forcibly remove,
or attempt to teinove tiom this State,
anv fugitive from service or labor, or anv
i person who is claimed, as such fugitive,
t slh..; fojfeii iiii* ftutu o." five hundred dol
t *
" r/* j t ' I '
t - V ' -
Ian to the party aggrieved, and shnll be
dcomed guilty of the crime of kidnapping;
an j upon conviction olf such offence, shall
be punished by imprisoment in the State
Prison, for a period not exceeding ten
years.
Viewing the provisions of this Act of
the Legislature of New York, in connexj
ii?r with the refusal of the Executive of
thut State, to comply with the reasonable
and duly authenticated demand of the
; Governor of Virginia, to deliver uptime
I fugitives from justice in question, together
with the reason assigned for such
refusal, "that one man cannot be the
pn?pertv of another," and the determinalion
of the Lagislnture, that " the positions
taken by the Governor wore sound and
judicious." it seems toy our nuouuttee to
he too clear to admit of a doubt, that the
then dominant partv in the State of New
Y<wk, have deliberately trampled under
fo-it parts of the 2nr. section of the 4th
Article of tho constitution of their country,
%nd have wantonly, and arrogantly
abrogated the faith solemnly phwlged to
her sister States, "to establish jus lieu, and
ensure domestic tranquility.',
Such also seems to have been the view
taken of this transaction by the authorities
of Virginia. Hor councils have acccrdihgly,
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 subm
ft mil
Ill
Such is th? remedy which has lieen
nc'optcd by Virginia, in vindication of her
rights, and in defence of the properly of
hi r citizens.
She has caused the correspondence,
w:th the policy she has adopted, to be laid
, before the authorities of this State, for
our examination arid approbation, and has
invited our co-operation.
What then, is it incumbent upon Carolina
to do 1
It is the unanimous opinion of vour
committee, that the action of this Stale
should he indicated, in a character by the
identity tif her interests with those of
Virginia. They accordingly recommend
to the attention of the Senate the Bill already
referred to.
Your committee beg leave further to
recommend for the adoption of the Senale,
the following Resolutions:
1. /fc'Ww/,?Tiiat this Legislature
view with regret and abhorrence the constructive
meaning of the constitutional
n t
provision respecting "fugitives from justine,"
and 44 fugitives from service," ns;
sorted l?y the Executive anil Legislative
j authorities of the State of New York, in
i tlio year 1S40.
| 2. Rcxolced, That in the opinion of
; thin Legislature, the forced and dangerI
ous const ruction put upon the 4th Ari
tide of the constitution of the United
Slates, and the arrogant pretensions to
I control its operation by the Slate of New
'I York, as indicated bv the positions of her
F xociitive in the progress of the late com.
t tioversy with Virginia, and the proceedings
of her Legislature pending the same,
j should be repudiated and discountenanced
: by every state in the Union, as destruci
tiveof the faith pledged in the ConstituI
tion, and ultimately subversive of that
' j State Sovereignty, upon which tliey pro
fess to he (bunded.
' ; 3. llr.soinciL That the (Governor he re.
I quested io communicate to the authorities
! of Virginia, the high aenso entertained
I . .
j by this Legislature, of their moderation
| and respectful forbearance in conducting
j I the recent unhappy controversy with the
Stale of Now York?of (he justness of
the position assumed by Virginia, and
; the assurance of the hearty co-operation
i of South Carolina, in nil proper measures
; to vindicate her rights as n State, and to
I p'otect the property of her citizens.
j All winch is respectfully suhruilled.
R. V. W. ALL.ST' >N\
Chairman.
! ^ ^
; T::ff foltir-rifiJJ er~ ?v*.? v'llt. hy th? C'OV :
war of (ieorgin. to the Lrgi<?! Uor.: of that .State
at It 10 ti:n?* of it* d?!c.
CxKCKTIVK l)KI* VR TMCNT, )
MiHtirfgvifle, Dec. 1. 1841. $
VViiii iny message of the gd u'f., { had
the honor lo communicate to you the
copy of a correspondence with the Cover.
i nor of New York, relating to a demand
1 m hioh I had made upon him. for the arrest
I j and delivery of John Greenmnn, a fugii
; tive from the justice of this State,
' charged with the larcenov of a slave,
I upon the affidavit of Robert VV. Flour,
f; itov. At a superior Court of Chatham
e .? rt*
>; county, held alter the making or me am
I davit bv Mr. Flournoy, John Greenman
r*
j was indicted for thisonencn by the name
f J cf Alnnson Grcentnan, a name assumed
I \ l-v him, doubtles- to escape detection.
j To remove the difficulty und scruples of
I the Governor of New York, in relation to
' I the sufficiency of the charge contained
s ' in the affidavit, I renewed the demand,
j based upon the indictment, a copy of
j which, authenticated as required by the
, I Act 01' Congress, was transmitted. You
s will perceive, from the correspondence, n
copy of which is herewith transmitted,
* that another pretext has been raised by
Governor Seward for evading the per.
I f irmaricc of liis constitutional obligations.
It is pretended by him that the hill of in(l
cietmont is defective, and he has under'
taken the office yf counseljfor the accused,
} I y taking untenable technical exception
.1
I to the proceedings. 1 nave nnsnwu
thcin, as you will perceive, but I have
' been long since convinced that it 4s mi1
necessary to address either argument or
reason to his understanding, or to remind
| him of the necessity of executing, in
, good faith, according to the letter and
, ipirit, the wise provisions of the Con?fi.
fiition, by which the States are enabled
in giving ntfincnev to tiieir criminal laws,
, to maintain the peace anJ sai'-tv ofioci.
1 #
,et>.
*
While he declines complying with mv t
demand, on the ground of a pretended de- ii
feet in the indictment, he indicates the n
intention, in no equivocal terms, should ^
his objections to our judicial proceedings t
be overcome, to sustain his refusal on i p
principles no le-s unwarranted by the a
constitution, than offensive to the people s
of this State. v
There should be no longer delay in s
settling authoritatively the manner in t
which fugitives from justice are to he v
delivered, when they are found in another ?
jurisdiction. Congress has the unquestionahle
authority, under the constitution, (
to rcgulute this mutter, and it is clearly t
the duty of the General Government to t
cause fugitives from justice, who escape '
from the State in which the ciime was t
committed, and are found in anotho-, to *
be delivered up, upon the demand of the l
Executive authority of the State having t
jurisdiction of the off n- e. But inns- | i
much as the mode provided bv Congress, |
for discharging Una high obligation to the
Stales, so essential to the safety of socie- I
ty, and the security of property, has i
proved inefficacious, and as no disposition I
is manifested by the Federal Government <
to remedy the defect, the subject is of j <
- OInw.nt imiv^.lui,in inaiii'tr a Pnnwon. i J
St<IUklVIII IIIUVV lu w........
tion of the States, to take it into confide- I
ration. i
But we should not defer, for a moment,
the adoption of measures for our own
safety. The regulation heretofore recommended
by me, would ensure the <
j safety of our property, and prevent all
interference with our slave population.
Any other constitutional measure, how.
ever, which your wisdom may suggest, as
expedient and proper, for the attainment
of these desirable objects, shall have my
concurrence.
charles Mcdonald.
REPORT OF THE POSTMASTER
GENERAL.
Post Offick Defartxhxt. >
Dec. 1. 1841. S |
To the. President of the United States:
In the discharge of the duty of report- |
ing to you the condition of the General
Post Office, I have to regret that my re-;
I cent induction into office will prevent ins
| from giving you that full development at
; this time so necessary to a clear understanding
of the various and extended op.
erations of a Department so important
and interesting to every class of our lei!
low citizens.
Unlike the other Departments of Goveminent,
whieh derive their support from
the national Treasury, the General Post
Office looks for the means to continu*'*
and extend its operations to the income [
derived alone from a successful ndminia- j
i fratiou of the laws prescribing its duties j
and privileges.
The General Post Office, at first almost j
the creature of administrative discretion, j
j necessarily so remain.*. in a grcai ;
grce. at the present tune. In its infancy,
| it required the constant and vigilant sn. .
i |>erintendence of its head to direct its af. j
j fairs in such n manner as to extend tho
[ sphere ?f its usefulness, commmensnrate
| with the increase and extent of popula
I tion and business. Equal, if not greater,
j vigilance is demanded at the present
! day.
I It is ?o be desired thit, in the genera!
I administration ot the Government, as lit- :
i tie of discretion as possible should he left
I with those charged with public trusts; and
I I regret inv acquaintance with the details
j of the Department, at this tiin , is so liru- !
1 ited as not to qualify ine to suggest more
j specifically those improvoincuis in the ;
j laws pertaining to it. whereby much of
I that discretion, heretofore exercised.
; might he restrained ami profitably rcgulaj
ted by legislative enactments. The pro- '
prietv of these remarks will he fully de. 1
monslralcd hv a recurrence to ttie history i
of the Post Office operations, from their i
. 1
commencement to trie present tune.
In 179.'). ihe whole number of post ofi
fires in the United States did not exceed
, seventy-five ; the'iiumbcr of miles of post
. road, 1.S75 ; the revenue, $'17 !i36 ; the
J expenditure, S'l'M In isit), it will
J he seen that the whole number of post !
i offices in t!ic t. States was 1#J.4S^ ; the
J number of miles of post road, 153,739: i
tlio "i*oss rt) v o ?ue lor the some year was
1 ^ ^ * ,
$i,539.205. and the expenditure was$l,. (
759.110. Tne necessity of gnnrdiig, ;
jis far as practicable, by specific iegisla- j
i tion, such nn amount of income and exJ
pciiditure, and the duties and liabilities of
i ?o innnv agents, must bo apparent.
As has already been remarked, the nri- ,
ginal design in the establishment of the i
Post Office Department was that its in )
cotno should be ma le to sustain its opera* '
lions. That principle ought never to be J
abandoned. Whilst the Department
should not be regarded as a source of
revenue to the nation, it shotil'T never
! become an annual charge on the Treasu!
ry. < _ I
Upon assuming the discbarge of the
duties pertaining to to the ollice of Post- I
master General, my first object was to
investigate its financial condition ; and it j
becomes my duty to inform you that I did j
j not find it in that prosperous state which
.? ...ninro
tlie Ueman'is iipuri n i? ?j ,
The income of ttn^ department id al- j
wars liable to be a f Fee fed by the fluctui. :
(ions of the business of the country. It is j
increased or depressed in proportion to :
J the increase or depression of that husi- .
j ness.
Besides this cause of fluctuation in its
' income, other causes of a reduction, more ;
j or less in every year, may he found in the
; increased Facilities which the travel upo i j
| railroads and steamboats furnishes for the !
i transmission of letters and newspapers by
I privaie conveyanc^; secondly, in the!
, great extension, to say nothing of the
abuse, of the franking privilege; thirdly,
, lue recent establishment of what are chI.
led private expresses, upon the great mail
toutcs of the United Slates; lourthly, in
ll'" 1 #
he frauds practised up >n the Department*
a evading, by various devices, the pay*
riont of the postage imposed by law.?
Vhile all these muses operate to lessen
he revenue of the Department, the ex*
enses of transporting the mail are not
ffocted or lessened by them; and I re*
pectfully suggest whether the evils to
vhicli I have referred do not deserve the
erious attention of Congress, so far as
o call for some more specific legislation,
vhereby they may bo removed or sof>*
tressed.
The total gro?* revenue of the Plpsl
)fiice for the fiscal year commencing on
he 1st of July, 184(1. and terminating on
he 30th of June, 1841, was $4,379,417
ftf; the total expenditure for the ntw
ime was $4,507/238 39. In this year
expenditure exceeded the revenue by
he sum of $187,920 61. A statement ?
>f the expenditures, more in detail, will
n due time, as required by law, be re*
? . r% :
jorted to isongri'tu.
The precise income nnd expenditure of
ite General Poet Office cannot be kjio#a
d any one yety. until the close of the
iscal year, and the settlements of nil actounts
have been completed. Con so.
juentlv, any statement of oxpeadftWO
iml income, f??r th* present year, tsJishla
to the fluctuations and changes- always
incident to the peculiar character of the
service.
The expenditures and income of the
Department for the current year may,
upon estimate, be stated in round
hers as follows:
To'al amount of revenue derived
from post*#**, fii.es.
and all other sources, : 84.340.00
Expense of mail transporta- , M
tion, 9,145,000
Commission to Postmasters,
if the rates of per ceuuge
remain unchanged. : 1,015 'KM)
Ship, s'earnboat, arid way
letters, : : : : 30,000
Incidental expenses, inclu. ' >.,
ding blanks, stationery,
printing, dec. : : : 310.000
Total estimated expenditure, 4.490.000
Total estimated income, : 4.340.000
/ J i .
.81104100
-i * ul.
Thus it will ix* seen mat u?? pnnfnuin
amount of expenditure \v?H exceed flie
mount of rovoiuj", as estimated by
3110,0(10. i n <
VVilh this deficit po?so ?ting itself *o
palpably to iuv iinnd, 1 have es^iVed Jo
infuse into (tie administration of tlih'aef.
vice a rigid economy ; Vet, with all In#
savings which it may he possible temnke
by the most rigid economy, I am satisfied
the expenditure cannot he reduced within
the income, without either ^educing
the transportation of the mail, beJtjor
j ist wants of the entd'ituliityt ??r in soitm
other myde increasing the revenue of the
Department.
To continue the present amount of
service, and ex'end with it the growth
and spread of our imputation, jmr'-c thirty
in the West, the prrsmt revenue, With
its former charges, is evident y iriad<*.
quale ; and a reduction of that service
greatly helow its present standard Would
have taken plaec, unless Congress
should make an appropriation fr??m t'-e
Public Treasury which 1 neither #??r ^
desire to see made. l* .
Upo.i a view of all the cirrum^nntfr*,
-J it
and with a perfect sense oi me ueuc*?uresponsihility
assumed, I have felt tnyself
smp'-rinnslv called upon to cxcfC so
a power vested hy the act of H*23 in the
Postrnastrr (iener.il, and have readjust**! .
the commission heretofore allowed to deputy
|w?stmasters. Rv tins regubilinii a x
copy of which is annexed, there will tie
iddofl to the netl aririual inroHK' of tlm
Department aluvr S110,(K>0. I li?oug?t
it better to do this than either lb ??k
Congress for an appropriation or to reduce
the transportation of the mail below
the just wants of the community.*
When it is known that this reduction
has been made to eiiahic the Department
to send intelligence among the People,
hv continuing and extending mail frtoili
n rj
tie?f and not in a spirit of paisimotiibn*
economy, the liberal and enlightened" of
all sections will, I ain }>crsua<ledi oppwte
u/tmf linxi h'?en done: a"d I will not rilhiw
invs If to believe that those wlmin it meat
immediately alfects will view it in an illiberal
spirit.
Should Congress, however, not np.
prove of this measure, tlioy will have it in
their power, before the order lakes offerf,
to arrest its foree; and will no doubt
adopt the necessary measures to require
the reduction of mail service, or to pro.
vide the means of paying ti e balance
which will he due to contractors nt the
end of the year.
'I he annexed report of the Auditor of
the P(*t Oifice Department, marked B,
will exhibit the progress which has been
made in the adjustment and liquidation
~r ?l.? #.r ruutlilAHlAM SlllCfi tilC W
IJI IIIC (lUMIUItlftY Ul |/UO%n?uw*w? - ?- ?
4th of March last.
it is to expected that among 14,000
deputy postmaster* (appointed generally
without a personal knowledge of the in.
dividual* or their securities) there will lie
found s?.me wiu? will prove faithless to
their trusts, and whose securities are not
good for the amount due the department.
I In view of this, I have instituted a rigid
| inquiry, not only into the fitness and built,
ness qualifications of the postmasters, but
the solvency of their securities, Aram
which tiie best results inay oe anticipated.
! This operation, performed in part l?r the
! special a gee ts of the Department, under
the kitter of instructions annexed, marked
^ C. .tiiii lae prompt settlement of the *c.