The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1838-12-25 00:00:00

lit F WANTED, for the Middlewich National School, a SCHOOLMASTER. Salary, Fifty Pounds. Applications, with testimonials as to competency for the situation and general character, to be sent (fres of expense) to Mr. VAWDREY, Solicitor, Middlewich. Middlewich, Cheshire, 15th December, 1838. LADIES' CHARITY. MRS. RAWDON, Ladv Patroness. MR. JAMES COCKSHOTT, President: THE ANNUAL BALL for the BENEFIT of this INSTITUTION will be held, by permission of the Worshipful the Mayor and Town Council, in the Town Hall, on THURSDAY, the 27th December. 'rickets, 10s. each, (refreshments includeq,) to be bad of the Lady Patroness, Elm House; at the President's Rodney street ; and at the usual places. The doors will be opened at Eight o'clock. Carriages to set down and take up with the horses' heads facing Water street. N.B.—No money will be received at the doors. SAINT GEORGE'S CHURCH, EVERTON. MHE ANNUAL GENERAL MEETING of the PRO PRIETORS of this CHURCH will. be held in the Vestry, on MONDAY, the 7th day of January next, at Nine o'clock in the Morning, pursuant to Act of Parliament. THOMAS HARRIS, Secretary. Liverpool, fecember 211, 1838. NOTICE TO DEBTORS AND CREDITORS. ALL Persons to whom the lat e M r . SAMUEL LACON, of Liverpool, iron -merchant, stands indebted are desired to deliver, without delay, an account of their claims, either at THOMAS BLACKBURN'S, Esq., Camden-stieet, or at the Offices of Sir JOHN BICKERTON WlLLl:this and SON, Shrewsbury. And all persons who stand indebted to Mr. Lacon are requested to pay the amount of their respective debts to the same parties. December 18th, 1838. A LL Persons interested in the Estate of the late Mr. lA_ JOHN WOOD THOMAS, of Toxteth-park; are le quested to attend a Meeting of the Creditors, at the Claren don-rooms, South John -street, Liverpool, on Wednesday, the 26th day of December instant, at One o'clock in the afternoon, to appoint new Trustees in the place of the three late Trustees who have resigned, to take into consideration the affairs generally of the deceased, and to determine as to the best mode of winding up the Estate. LOWNDES and ROBINSON, Solicitors. Liverpool, December 15th, 1838. -- CHOICE TEAS ON SALE, ATE HORNBLOWER AND CO.'S TEA WAREHOUSE, 54, BOLD -STREET, LIVERPOOL. THE Public is respectfully inform e d, that o ne o f th e finest and most delicious Teas ever imported is now on Sale at the above Warehouse, in handsome eight-pound packages, at £2125.-6d. per package; also a rich Pekoe Sou,ehong, very strong and full-flavoured Tea, at ss. 4d. per lb. The connot seurs in Tea will find this an opportunity that rarely offers fur gratifying their palates. The immense sale of their Mowqua's Mixture renders a notice of it unnecessary, and they would only observe, en passant, that it is allowed by several first-rate judges, and warranted by the Proprietors, to be superior to soy Tea of the kind ever offered to the Public. Sold only by the Pro prietors, at 7s. 6d. per package. Messrs. H. and Co. have always on Sale a general assort ment of the finest Teas, Coffees, Cocoa, Chocolate, Spices. Refined Suzars, &c. Rama) Orders will always receive their hest attention. CHEMISTS AND DRUGGISTS. IDURSUANT to Resolutions passed at a General Meeting 14.. of the Trade, held at the Clarendon Rooms, on the 3rd December, 1838, We, the undersigned CHEMISTS and DRUGGIVI'S, have pledged ourselves to close our Shops altogether, at 4 Nine o'clock every Evening, Saturdays excepted: and that on Sundays they will be closed from Ten o'clock in the Orning. until Six o'clock in the Evening. Prescriptions will be dispensed, and Medicines ly sup plied, at all hours, as usual. Butler and Colquhoun, Castle-street Robert Lathbury, Castle-street Robert G. Wright, Preesons-row Henry Cumming, South Castle-street Warren and Gaman, South Castle street John Priestley, Lord-street John H. and Samuel Johnson, Church-street John Gerdes and Co., Church-street William Lloyd, Parker-street William Beck, Clayton-square Robert Beatson, Bold-street Thomas Maynard, Bold-street William Fisher, Bold-street William Jones, Berry -street Joseph Nodin, Berry-street John Corlett, Berry-street Peter Roberts, Ranelagh-street Procter and Vicars, Ranelagla-street David Scholefield, Queen-square Thomas Barton, Lime-street A. E. Heath, London-road J. D. Walker, London-road Samuel Ball, London-road James Owen, London-road Joshua Siddeley, London-road Thomas Banner, London-road Edward Tiernan, London-road Henry Hulme, London-road Barnett, Low-hill S. G. Barnett, Edge-hill Robt. Price, Brownlow-hill Thomas King, Brownlow-hill J. Pendlebury, Brownlow-hill J. B. Harrison, Brownlow-hill F. E. O'Gorman, Brownlow-hill Richard Bird, Great George-street J. Lowther, Mill-street M. Hughes, Mill-street A. Ingham, Mill-street Thomas Lloyd, Warwick-street John Simon, Bedford-street J. M. Syers, Park-road J. V. Eggleston, St. James'-place Thomas Yates, Stanhope-street John Kershaw, Windsor-street Richard Warren, St. Anne's-street John Parry, Christian-street W. W. King, Soho-street G. D. Syers, Great Homer-street Henry Swift, Everton-crescent Henry Taylor, Richmond-row Edward Cox Fox-street B. Martin, Richmond-row John 'Walker, Mount-pleasant S. A. Titherington, Oxford-street Edwd. Bradford, Oxford-street Robt. Warry, Pembroke-place C. W. Shaw, Copperas-hill John Woodburne, Copperas-hill C. Weatherilt, Copperas hill Joseph Cannon, Price-street S. and C. Taylor, Cleveland-square W. W. Kilburn, Pitt-street J. L. Phillips, Pitt-street William 'l'arbuck, Pitt-street G. Bramwell, Park-lane Johnson and Lawson, St. James'-street Joseph Cannon, St. James'-street Geo. Webster, St. James'-street Wm. 11,ragstaff, Great George-place Edwd. Pearson, Great George-place William Quick, Scotland-road Thomas Parkinson, Scotland-road George Rawson, Scotland-road John Turberville, Scotland-road T. B. Furness, Scotland-road Edward Tinker, Scotland-road Thomas Neale, Scotland-place Thomas Fawcett, Limekiln-lane J. and J. Sampson, Byrom-street I'. L. Watson, Byrom-street C. Withers, Byrom-street Jos. Fisher, Whitechapel Jos. Denson. Whitechapel Edward Bradford. Dale-street Robert Walker, Dale-street H. R. Preston, Dale-street G. H. Howell, Dale-street J. R. M`Guffie, Oldhall-street James Sheldon, Oldhall-street James Geraard, Oldhall-street Charles Fisher, Titheharn-street George Thomas, Tithebarn-street Thomas Mucklow, Tithebarn-street John Games, Hightield-street W. Ferguson, Pownall-square R. Woodward, Great Crosshall-sirect H. Hackett, Mary bone George Clinning, ' Vauxhall-road Ephraim Brunt, Vauxhall-road James Teasdale, Vauxhall-road R G. Sheldon, Vauxhall-road James Birnie, Vauxhall-road Fra. Furniss, Kirkdale Thomas Walker, Kirkdale • M. Powell, Great Howard-street EXCISE Laws.—ln the course of an investigation, at Wor ship-street Police-office, on Monday, it was stated, that, form formerly, gentlemen could not remove their wine from one cellar to another without a licence, but, by a late act, they had the power to do so. There has lately been discovered in the island of Margaret, between Buda and Pesti), an antique coffin, containing the body of a female, wearing a coronet on her head, rings on her fingers, and other jewels of considerable value. It is believed to be that of St. Margaret, the daughter of Betas IV., King of Hungary, after whom the island was named. SwlF•r's EARLY LIFE.—At Moor Park, au eccentric, un couth, disagreeable N oung Irishman, who had narrowly escaped plucking at Dublin, attended Sir William Temple as an amanuensis for Et.) a-year and his board, dined at the second table, wrote bad verses in praise of his employer, and made love to a very pretty, dark•eyed young girl, who waited on Lady Giffard. Little did Temple imagine that the coarse exterior of his dependent concealed a genius equally suited to politics and to letters—a genius destined to shake great kingdoms, to stir the laughter and the rage of millions, and to leave to posterity memorials which can perish only w ith the English language. Little did he think that the flirtation in the servants' hall, which he, perhaps, scarcely designed to make the subject of a jest, was the beginning of a long, un prosperous love, which was to be as widely famed as the pas sion of Petrarch, or of Abelard. Sir William's secretary was Jonathan Swift—Lady Giffard's waiting maid was poor Stella.—Edinburgh. Review. ABUNDANCE OF BABIES.—It is an old saying that we " cannot have too much of a good thing." Whether this is " a true saying" or not, it is unnecessary, perhaps, to decide; but there is certainly such a thing as having more "good things" than we know well what to do with. Thus much prefatory to the following items of intelligence :—l. The wife of Mr. William Tinker, a fisherman in New York, presented him, on Thursday, with three little female tinkers. 2. A Mrs. Dunn, of Detroit, recently presented her loved and loving lord with three little Dunns. These are not the worst kind of duns. 3. Mrs. B. F. Cannon, of New Salem, in this state, on Tuesday night, presented her husband with four small Cannons. This fine little park of artillery is said to be in excellent condition. Here's business for the agents and lecturers of the Anti-carrying-a-squalling-baby-to-church Society lately formed in Lynnfield.—ilmerican paper. SHORT PARLIAMENTS.—When members are chosen for a very short period, one of the chief advantages of representa tion is in a great measure lost. The delegate retaining his seat for so limited a time, can have no opinion of his own, but becomes the mere mouthpiece of the crowd on whom be judgment must dependent for his re-election. His own sup er i or must bow to that of the many, and prudence and foresight must yield to the whim of the day. What avail all the depths of political knowledge, all the experience of past ages? Can we hope in a few months to teach wisdom to the ignorant, and foresight to the reckless?—to make reason triumph over passion, and love of order over the intoxicating excitements of change ? Woe to the man who attempts so hopeless a task! His public career is about to close; his schemes of distinction must soon be levelled in the dust. Instead of ap plauses, he meets with insult; instead of love, with hatred; instead of encouragement, rebuke. The indignant multitude rejects with scorn the man who dared to be wiser than them selves, and elects a more obsequious delegate in his stead. Thus the representative loses ail independence, not only of opiniop, but. even of moral character, and becomes a mere sy cophant. who pa ga l eTF to the peisiong of the mob, is it thus that liberty cats b 0 Iteu - et?—Ranuay's YQiiticad Difcauroes. MESSAGE OF THE PRESIDENT OF THE UNITED STATES TO THE TWO HOUSES OF CONGRESS, DECEMBER 4, 1 ts3B. (From the Second Edition of the Standard of Friday.) The steam-ship Liverpool, Captain Fayrer, came round the rock this morning, at a quarter to eleven o'clock, and made a successful voyage from New York in 14 days and 10 hours. She brought with her files of the American papers to the 6th instant, inclusive. She passed the packet-ship Sheffield, from Liverpool, just at New York. We are indebted to the attention of Captain Reed, of her Majesty's Postoffice packet Redwing, for early supplying us with a file of Ame rican papers. The Liverpool came to anchor at three o'clock this morning off the Floating Light. We sub- join the President's Message and other late intelli gence:— MESSAGE OF THE PRESIDENT. Fellow-citizens of the Senate and House of Representatives : I congratulate you on the favourable circumstances in the condition of our country, under which you re assemble for the performance of your official duties. Though the anticipations of an abundant harvest have not everywhere been realised, yet, on the whole, the labours of the husbandman are rewarded with a boun tiful return ; industry prospers in its various channels of business and enterprise; general health again pre vails through our vast diversity of climate ; nothing threatens, from abroad, the continuance of external peace ; nor has any thing at home impaired the strength of those fraternal and domestic ties which constitute the only guaranty to the success and per manency of our happy union, and which, formed in the hour of peril, have hitherto been honourably sus tained through every vicissitude in our national af fairs. These blessings, which evince the care and be-- nificence of Providence, call for our devout and fer vent gratitude. We have not less reason to be grateful for other bounties bestowed by the same munificent hand, and more exclusively our own. The present year closes the first half century of our federal institutions; and our system—differing from all others in the acknowledged, practical, and unlimited operation uhich it has for so long a period given to the sovereignty of the people—has now been fully tested by experience. The constitution devised by our forefathers as the frame-work and bond of that system, then untried, has become a settled form of government; not only pre serving and protecting the great principles upon which it was founded, but wonderfully promoting in dividual happiness and private interests. Though subject to change and entire revocation, whenever deemed inadequate to all these purposes, yet such is the wisdom of its construction, and so stable has been the public sentiment, that it remains unaltered, except in matters of detail, comparatively unimportant. It has proved amply sufficient for the various emergen cies incident to our condition as a nation. A formid able foreign war; agitating collisions between domes tic and, in some respects, rival sovereignties; tempta tions to interfere in the intestine commotions of neigh bouring countries; the dangerous influences that arise in periods of exccessive prosperity; and the anti-re publican tendencies of associated wealth—these, with other trials not less formidable, have all been encoun tered, and thus far successfully resisted. It was reserved for the American Union to test the advantages of a Government entirely dependant on the continual exercise of the popular will; and our experience has shown that it is as beneficent in prac tice as it is just in theory. Each successive change made in our local institutions has contributed to extend the right of suffrage, has increased the direct influence of the mass of the community, given greater freedom to individual exertion, and restricted, more and more, the powers of government; yet the intelligence, pru dence, and patriotism of the people have kept pace with this augmented responsibility. In no country has education been so widely diffused. Domestic peace has no where so largely reigned. The close bonds of social intercourse have in no instance pre vailed with such harmony over a space so vast. All forms of religion have united, for the first titne, to diffuse charity and piety, because, for the first time in the history of nations, all have been totally untram melled, and absolutely free. The deepest recesses of the wilderness have been penetrated ; yet, instead of the rudeness in the social condition consequent upon such adventures elsewhere, numerous communities have sprung up, already ❑nrivalled in prosperity, ge neral intelligence, internal tranquillity, and the wis dom of their political institutions. Internal improve ment, the fruit of individual enterprise, fostered by the protection of the States, has added new links to the confederation, and fresh rewards to provident industry. Doubtful questions of domestic policy have been quietly settled by mutual forbearance; and agricul ture, commerce, and manufactures, minister to each other. Taxation and public debt, the burdens which bear so heavily upon all other countries, have pressed with comparative lightness upon us. Without one entangling alliance, our friendship is prized by every nation ; and the rights of our citizens are every where respected, because they are known to be guarded by a united, sensitive, and watchful people. To this practical operation of our institutions, so evident and successful, we owe that increased attach ment to them which is among the most cheering exhi bitions of popular sentiment, and will prove their best security, in time to conic, against foreign or domestic assault. This review of the results of our institutions, for half a century, without exciting a spirit of vain exul tation, should serve to impress upon us the great prin ciples from which they have sprung; constant and direct supervision by the people over every public measure ; strict forbearance on the part of the govern ment from exercising any doubtful or disputed powers; and a cautious abstinence from all interference with concerns which properly belong, and are best left to Stare regulations and individual enterprise. Full information of the state of our foreign affairs having been recently, on different occasions, submitted to Congress, I deem it necessary now to bring to your notice only such events as - have subsequently occurred, or are of such importance as to require par ticular attention. The most amicable dispositions continue to be exhi bited by all the nations with whom the government and citizens of the United States have an habitual in tercourse. At the date of my last annual message, Mexico was the only nation which could not be in cluded in so gratifying a reference to our foreign re lations. I am happy to be now able to inform you, that an advance has been made towards the adjustment of our difficulties with that republic, and the restoration of the customary good feeling between the two nations. This important change has been effected by concilia tory negotiations, that have resulted in the conclusion of a treaty between the two governments, which, when ratified, will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals. There is, at present, also, reason to believe, that an equitable set tlement of all disputed points will be attained without further difficulty or unnecessary delay, and thus autho rize the free resumption of diplomatic intercourse with our sister republic. With respect to the northeastern boundary of the United States, no official correspondence between this Government and that of Great Britain has passed since that communicated to Congress towards the close of their last session. The offer to negotiate a conven tion for the appointment of a joint commission of sur vey and exploration, I am, however, assured will be met by her Majesty's Government in a conciliatory and friendly spirit, and instructions to enable the Bri tish Minister here to conclude such an arrangement will be transmitted to him without needless delay. It is hoped and expected that these instructions will be of a liberal character, and that this negotiation, if successful, will prove to be art-important step towards the satisfactory and final adjustment of the controversy. I had hoped that the respect for the laws and regard for the peace and honour of their own country, which has ever characterized the citizens of the United States, would have prevented any portion of them from using any means to promote insurrection in the territory of a power with which we are at peace, and with which the United States are desirous of maintaining the most friendly relations. I regret deeply, however, to be obliged to inform you that this has not been the case. Information has been given to me, derived from official and other sources, that many citizens of the United States have associated together to make hos tile incursions from our territory into Canada, and to aid and abet insurrection there, in the violation of the obligations and laws of the United States, and in open disregard of their own duties as citizens. This infor mation has been in part confirmed, by a hostile inva sion actually made by citizens of the United States, in conjunction with Canadians and others, and accompa nied by a forcible seizure of the property of our citi zens, and an application thereof to the prosecution of military operations against the authorities and people of Canada. The results of these criminal assaults upon the peace and order of a neighbouring country have been, as was to be expected, fatally destructive to the mis guided or deluded persons engaged in them, and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended move ments among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia, and assumed an attitude to repel the invasion to which they believe the Colo nies were exposed from the United States. A state of feeling on both sides of the frontier has thus been pro duced, which called for prompt and vigorous inter• ference. If an insurrection existed in Canada, the amicable dispositions of the United States towards Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality, and to restrain their citizens from all violations of .the laws which have passed for its enforcement. But this go vernment recognizes a still higher obligation to re press all attempts on the part of its citizens to disburb the peace of a country where order prevails or has been re-established. Depredations by our citizens upon nations at peace with the United States, or com binations for committing them, have at all times been regarded by the American government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our government, been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory. By no country of persons have these invaluable prin ciples of international law—principles, the strict ob servance of which is so indispensable to the preserva tion of social order in the World—been more earnestly cherished or sacredly respected than by those great and good men who first declared, and finally established, the independence of our own country. They promul gated and maintained them at an early and critical period in our history ; they were subsequently em bodied in legislative enactments of a highly penal cha racter, the faithful enforcement of which has hitherto been, and will, I trust, always continue to be, regarded as a duty inseparably associated with the maintenance of our national honour. That the people of the United States should feel an interest in the spread of political institutions as free as they regard their own to be, is natural ; nor can a sincere solicitude for the success of all those who are, at any time, in good faith struggling for their acquisition, be imputed to our citizens as a crime. With the entire freedom of opinion, and an undisguised expression thereof, on their part, the go vernment has neither the right, nor, I trust, the dis position to interfere. But whether the interests or honour of the United States require that they should be made a party to any such struggle, and, by inevita ble consequence, to the war which is waged in its sup port, is a question which,by our constitution, is wisely left to congress alone to decide. It is, by the laws, already made criminal in our citizens to embarrass or anticipate that decision, by unauthorised military operations cm their part. Offences of this character, in addition to their criminality as violations of the laws of our country, have a direct tendency to draw down upon our own citizens at large the multiplied evils of a foreign war, and to expose to injurious im putations the good faith and honour of the country. As such they deserve to be put down with promptitude and decision. I cannot be mistaken, lam confident, in counting on the cordial and general concurrence of our fellow citizens in this sentiment. A copy of the proclamation which I have felt it my duty to issue, is herewith communicated. I cannot but hope that the good sense and patriotism, the regard for the honour and reputation of their country, the respect for the laws which they have themselves enacted for their own government, and the love of order for which the mass of our people have been so long and so justly distin guished, will deter the comparatively few who are engaged in them from a further prosecution of such desperate enter prises. In the mean time, the existing laws have been, and will continue to be, faithfully executed ; and every effort will be made to carry them out in their full extent. Whether they are sufficient or not, to meet the actual state of things on the Canadia❑ frontier, it is for Congress to decide. It will appear from the correspondence herewith submit ted, that the government of Russia declines a renewal of the fourth article of the convention of April, 1824, between the United States and H is Imperial Majesty, by the third article of which it is agreed that " hereafter there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishments upon the northwest coast of America, nor in any of the islands adjacent, to the north of 54 deg. 40 min. of north latitude; and that in the same manner there shall be none formed by Russian sub jects, or under the authority of Russia, south of the same parallel ;" and by the fourth article, "that, during a term of ten years, counting from the signature of the present con vention, the ships of both powers, or which belong to their citizens or subjects respectively, may reciprocally frequent, without any hindrance whatever, the inferior seas, gulfs, harbours, and creeks upon the coast mentioned in the pre ceding article, for the purpose of fishing and trading with the natives of the country." The reasons assigned for declining to renew the provisions of this article, are, briefly, that the only use made by our citizens of the privilege it secures to them, has been to supply the Indians with spirituous liquors, ammunition, and tire-arms; that this traffic has been exclud ed from the Russian trade; and as the supplies furnished from the United States are injurious to the Russian establish ments on the northwest coast, and calculated to produce complaints between the two governments, His Imperial Ma jesty thinks it for the interest of both countries not to accede to the proposition made by the American government for the renewal of the article last referred to. The correspondence herewith communicated will show the grounds upon which we contend that the citizens of the Uni ted States have, independent of the provisions of the conven tion of 1824, a right to trade with the natives upon the coast in question, at unoccupied places, liable, however, it is ad mitted, to be at any time extinguished by the creation of Rus sian establishments at such points. This right is denied by the Russian government, which asserts that, by the operation of the treaty of 1824, each party agreed to waive the general right to land on the vacant coasts on the respective sides of the degree of latitude referred to, and accepted, in lieu there of, the mutual privileges mentioned in the fourth article. The capital and tonnage employed by our citizens in their trade with the north-west coast of America, will pet haps, on advert ing to the official statements of the commerce and navigation of the United States for the last few years, be deemed too inconsiderable in amount to attract much attention ; yet the subject. may, in other respects, deserve the careful considera tion of Congress. . . _ regret to state that the blockade of the principal ports on the eastern coast of Mexico, which, in consequence of differ ences between that Republic and France, was instituted in May last, unfortunately still continues, enforced by a compe tent French naval force, and is necessarily embarrassing to our own trade in the Gulf, in common with that of other na tions. Every disposition, however, is believed to exist on the part of the French government to render this measure as little onerous as practicable to the interests of the citizens of the United States, and to those of neutral commerce; and it is to be hoped that a❑ early settlement of the difficulties be tween France and Mexico will soon reestablish the harino nious relations formerly subsisting between them, and again open the ports of that Republic to the vessels of all friendly nations. A convention for marking that part of the boundary be tween the United States and the Republic of Texas, which extends from the mouth of the Sabine to the Red River, was concluded and signed at this city on the 23th of April last. It has since been ratified by both governments, and season able measures will be taken to carry it into effect on the part of the United States. The application of that republic for admission into this Union, made in August, 1837, and which was declined fur reasons already made known to you, has been formally with drawn, as will appear from the accompanying copy of the note of the Minister Plenipotentiary of Texas, which was ',resented to the Secretary of State ou the occasion of the ex change of the ratifications of the convention above mentioned. Copies of the convention with Texas, of a commercial treaty concluded with the King of Greece, and of a similar treaty with the Peru-Bolivian Confederation, the ratifica tions of which have been recently exchanged, accompany this message for the information of Congress, and for such legislative enactments as may be found necessary or expe dient, in relation to either of them. To watch over and foster the interests of a gradually in creasing commerce; to guard the rights of American citi zens, whom business, or pleasure, or other motives may tempt into distant climes, and at the same time to cultivate those sentiments of mutual respect and good will which ex perience has proved so beneficial in international intercourse, the Government of the United States has deemed it expedi ent, from time to time, to establish diplomatic connections with different foreign States, by the appoint me nt of repre sentatives to reside within their respective territories: lam gratified to be enabled to announce to you that, since the close of your last session, these relations have been opened under the happiest auspices with Austria and the Two Sici lies; that new nominations have been made in the respec tive missions of Russia, Brazil, Belgium, and Sweden and Norway, in this country; and that a Minister Extraordinary has been received, accredited to this Government from the Argentine Confederation. An exposition of the fiscal affairs of the Government, and of their condition for the past year, will be made to you by the Secretary of the Treasury. The available balance in the Treasury, on the Ist of Janu ary next, is estimated at 2,765,342 dollars.—The receipts of the year, from customs and lands will probably amount to 20,615,598 dollars. These usual sources of revenue have been increased by an issue of Treasury notes; of which less than eight millions of dollars, including interest and princi pal, will be outstanding at the end of the year, and by the sale of one of the bonds of the Bank of the United States, fur 2,254,871 dollars. The aggregate of means from these and other sources, with the balance on hand on the Ist of January last, has been applied to the payment of appropria tions by Congress. The whole expenditure for the year on their account, including the redemption of more than eight millions of Treasury notes, constitutes an aggregate of about forty milliOns of dollars, and will still leave in the 'Treasury the balance before stated. Nearly eight millions of dollars of Treasury notes are to be paid during the coming year, in addition to the ordinary appropriations for the support of Government. For both these purposes, the resources of the Treasury will undoubt edly be sufficient, if .the charges upon it are not increased beyond the annual estimates. No excess,.hnwever, is likely to exist; nor can the postponed instalment of the surplus revenue be depocited with the States, nor any considerable appropriations bey end the estimates be made, without caus ing a deficiency in the Treasury. The great caution, advis able at all times, of limiting appropriations to the wants of the public service, is rendered necessary at present by the prospective and rapid reduction of the tariff; while the vigi lant jealousy, evidently excited among the people by the oc currences of the last few years, assures us that they expect from their representatives, and will sustain them in the exer cise of, the most rigid economy. Much can be effected by postponing appropriations not immediately required for the ordinary public service, or for any pressing emergency ; and much by reducing the expendittues where the entire and immediate accomplishment of the objects in view is nut in indispensable. When we call to mind the recent and extreme embarrass• ments produced by. excessive issues of bank paper, aggra vated by the unforeseen withdrawal of much foreign capital, and the inevitable derangement arising from the distribution of the surplus revenue among the states as required by con gress, and consider the heavy expenses incurred by the re moval of Indian tribes; by the military operations in Flo rida, and on account of the unusually large appropriations made at the last two annual sessions of congress for other ob jects, we have striking evidence, in the present efficient state of our finances, of the abundant resources of the country to fulfil all its obligations. Nor is it less gratifying to find that the general business of the community, deeply affected as it has been, is reviving with additional vigour, chastened by the lessons of the past, and animated by the hopes of the future. By the curtailment of paper issues, by curbing the sanguine and adventurous spirit of speculation; and by the honour able application of all available means to the fulfilment of obligations, confidence has been restored both at home and abroad, and ease and facility secured to all the operations of trade. The agency of the Government in producing these results has been as efficient as its powers and means permitted. By withholding from the States the deposits of the fourth instal ment, and leaving several millions at long credits with the banks, principally in one section of the country, and more immediately beneficial to it; and, at the same time, aiding the banks and commercial communities in our section, postponing the payment of bonds for duties to the amount of between four and five millions of dollars; by an issue of Treasury notes as a means to enable the Government to meet the consequences of their indulgencies, but affording, at the same time, facilities for remittance and exchange; and by steadily declining to employ ;IS general depositories of the public revenues, or receive the notes of all banks which re fused to-redeem them with specie;. by these measures, aided by the favourable action of some of the banks,• and by the support and co-operation of a large portion of the commu nity, we have witnessed an early resumption of specie pay ment; in our great commercial capital, promptly followed in alinetit every part of tbe "United States. This result bas been alike salutary to the true interests of agriculture, commerce, and manufactures; to public morals, respect for the laws, and that confidence between man and man which is so essen tial in all our social relations. The contrast between the suspensions of 1814 and that of 1837 is most striking. The short duration of the latter; the prompt restoration of business, the evident benefits resulting from an adherence by the government to the constitutional standard of value, instead of sanctioning the suspension by the receipt of irredeemable paper; and the advantages de rived from the large amount of specie introduced into the country previous to 1837, afford a valuable illustration of the true policy of the government in such a crisis. Nor can the comparison fail to remove the impression that a national bank is necessary in such emergencies. Not only were spe cie payments resumed without its aid, but exchanges have also been more rapidly restored than when it existed; thereby showing that private capital, enterprise, and prudence are fully adequate to these ends. On all these points experience seems to have confirmed the views heretofore submitted to Congress. We have been saved the mortification of seeing the distresses of the community fer the third time seized on to fasten upon the country so dangerous an institution; and we may also hope that the busin es s o f i n di v id ua l s w ill here after be relieved from the injurious effects of a continued agitation of that disturbing subject. The limited influence of a national bank in averting the derangement in the exchanges of the country, or in compel ling the resumption of specie payments, is now not less ap parent than its tendency to increase inordinate speculation by sudden expansion and contractions; its disposition to create panic and embarrassment for the promotion of its own designs; its interference with politics; and its far greater power for evil than for good, either in regard to the local in stitutions or the operations of government itself. What was in these respects but apprehension or opinion when a na tional bank was first established, now stands confirmed by humiliating experience. The scenes through which we have passed conclusively prove how little our commerce, agricul ture, manufactures, or finances, require such an institution, and what dangers are attendant on its power—a power, 1 trust, never to be conferred by the American people upon their government, and still less upon individuals not respon sible to them for its unavoidable abuses. My conviction of the necessity of further legislative pro visions for the safe keeping and disbursement of the public moneys, and my opinion in regard to the measures be s t adapted to the accomplishment of those objects, have been already submitted to you. These have been strengthened by recent events; and, in the full conviction that time and experience must still further demonstrate their propriety, I feel it my duty, with respectful deference to the conflicting views of others, again to invite your attention to them. With the exception of limited sums deposited in the few banks still employed under the act of 1836, the amounts re ceived for duties, and, with very inconsiderable exceptions, those accruing from lands also, have, since the general sus pension of specie payments by the deposit banks, been kept and disbursed by the Treasurer, under his general legal powers, subject to the. superintendence of the Secretary of the Treasury. The propriety of defining more specifically, and of regulating by law, the exercise of this wide scope of Executive discretion, has been already submitted to Con gress. [Here follows a statement of a serious defalcation of one of the collectors, who had been discovered to be purloining the public money with perfect secresy for the space of seven years; and his conduct was only discovered on the stoppage of specie payments at the Bank. The President recom mends very stringent measures to be adopted for the preven tion of any such an occurrence in future, and that the private application of the public moneys, by any officer qf the State, should be made FELONY.] The Secretary of the Treasury will lay before you addi tional information containing new details on this interesting subject. To these I ask your early attention. That it should have given rise to great diversity of opinion cannot be a sub ject of surprise. After the collection and custody of the pub lic moneys had been for so many years connected with, and made subsidiary to the advancement of private interests, a return to the simple and self-denying ordinances of the con stitution could not but be difficult. But time and free dis cussion eliciting the sentiments of the people, and aided by that conciliatory spirit which has ever characterized their course on great emergencies, were relied upon fur a satisfac tory settlement of the question. Already has this anticipation on one important point at least—the impropriety of diverting public money to private purposes—been fully realised. There is no reason to suppose that legislation upon that branch of the subject would now be embarrassed by a difference of opinion, or fail to receive the cordial support of a large ma jority of our constituents. The connection which formerly existed between the government and banks was in reality in jurious to both, as well as to the general interests of the com munity at large. It aggravated the disasters of trade and the derangements of commercial intercourse, and administered new excitement and additional means to wild and reckless speculations, the disappointments of which threw the country into convulsions of panic, and all but produced violence and bloodshed. The imprudent expansion of bank credits, which was the natural result of the command of the revenues of the State, furnished the resources for unbounded license in every species of adventure, seduced industry from its regular and salutary occupations by the hope of abundance without la bour, and deranged the social state by tempting all trades and professions into the vortex of speculations on remote contin gencies. The same wide spreading influence impeded also the re sources of the government, curtailed its useful operations, embarrassed the fulfilment of its obligations, and seriously interfered with the execution of the laws. Large appropria tions and oppressive taxes are the natural consequences of such a connection, since they increase the profits of those who are allowed to use the public funds, and make it their interest that money should be accumulated and expenditures multiplied. It is thus that a concentrated money power is tempted to become an active agent in political affairs, and all past experience has shown on which side that influence will be arrayed. We deceive ourselves if we suppose that it will ever be found assisting and supporting the rights of the com munity at large, in opposition to the claims of the few. In a government whose distinguishing characteristic should be a diffusion and equalization of its benefits and burdens, the advantage of individuals will be augmented at the ex pense of the mass of the people. Nor is it the nature of combinations for the acquisition of legislative influence to confine their interference to the single object for which they were originally formed. The temptation to extend it to other matters is, oci the contrary, not unfrequently too strong to be resisted. The influence, in the direction•of public affairs, of the-community at large, is, therefore, in no slight danger of being sensibly and injuriously affected by giving to. a comparatively small, but very efficient class, a direct and exclusive personal interest in so important a portion of the legislation of Congress as that which relates to the custody of the public moneys. If laws acting upon private interests cannot always be avoided, they snould be confined within the narrowest limits,. and left, wherever possible, to the Legislatures of the States. When not thus restricted, they lead to combinations of powerful associations, foster an influ ence necessarily se,fish, and turn the fair course of legislation to sinister ends, rather than to objects that advance public liberty, and promote the general good. The whole subject now rests with you, and I cannot but express a hope that some definite measure will be adopted at the present session. It will not, I am sure, be deemed out of place for me here to remark, that the declaration of my views in opposition to the policy of employing banks as depositories of the Govern ment funds, eannot be justly construed as indicative of hos tility, official or personal, to those institutions; or to repeat, in this form, and iu connection with this subject, opinions which I have uniformly entertained, and on all proper occa sions expressed. Though always opposed to their creation in the form of exclusive privileges, and, as a State magis trate, aiming by appropriate legislation to secure the com munity against the consequences of - their occasional misman agement, I have yet ever wished to see them protected in the exercise of rights conferred by law, and have never doubted their utility, when properly managed, in promoting the inte rests of trade, and, through that channel, the other interests of the community. To the General Government they present themselves merely as State institutions, having no necessary connexion with its legislation or its administration. Like other State establishments, they may be use d or not i n con ducting the affairs of the Government, as public policy and the general interests of the Union may seem 'to require. The only safe or proper principle upon which the intercourse with the Government , can be regulated, is that which regu lates their intercourse wiib the private citizen—the confer rino• of mutual benefits. When the Government can-accom plish a financial operation better with the aid of the banks than without, it should be at liberty to seek that aid as it would the services of a private banker, or other capitalists or agents, giving the preference to those who will serve it on the best terms. Nor can there ever exist an interest in the officers of the General Government, as such, inducing them to embarrass or annoy the State banks any more than to in cur the hostility of any other class of State institutions, or of private citizens. It is not in the nature of things that hostility to these institutions can spring from thi s source , or any opposition to their course of business, except when they themselves depart from the objects of their creation, and attempt to usurp powers not conferred upon them, or to sub- - vert the standard of value established by the constitution. While opposition to their regular operations cannot exist in this quarter, resistance to any attempt to make the Govern ment dependant upon them fur the successful administration of public affairs, is a matter,of duty, as 1 trust it ever will be of inclination, no matter from what motive or consideration the attempt may originate. It is no more than just to the banks to say, th a t, i n th e late emergency, most of them firmly resisted the strongest temptations to extend their paper issues, when apparently sustained in a suspension of specie payments by public opi nion, even though in sonic cases invited by legislative enact 7 ments. To this honourable course, aided by the resistance of the General GovernMent, acting in obedience to the con stitution and laws of the United States, to the introduction of an irredeemable paper medico, may be attributed, in a great degree, the speedy restoration of our currency to a sound state, and the business of the country to its wonted prosperity. The banks have but to continue in the same safe course, and be .content-in their appropriate sphere, to avoid all interference from the General Government, and tii derive from it all the protection and benefits which it bestows on their state establishments, on the people of the states, and on the states themselves. In this, their true position, they cannot but secure the confidence and good will of the people and the government, which they can only lose when, leaping from their legitimate sphere,_they attempt to control the legislation of the country, and pervert the operations of the Government to their own purposes. Our experience under the act passed last session, to grant pre-emption rights to settlers on the public lands, has as yet been too limited to enable us to pronounce with safety upon the efficacy of its provisions to carry out the wise and liberal policy of the Government in that respect. There is, how ever, the best reason to anticipate favourable results from its operation. The recommendations formerly submitted to you, in respect to a graduation of the price of the public lands, remain to be finally acted upon. Having found no reason to change the views then expressed, your attention to them is again respectfully requested. Every proper exertion has been made, and will be conti nued, to carry out the wishes of Congress in relation to the tobacco trade, as indicated in the several resolutions of the House of Representatives and the legislation of the two branches: A favourable impression has, I trust, been made in different foreign countries to which particular attention has been directed, and although we cannot hope for an early change in tbeir policy, as in many of them a convenient and large revenue is derived from monopolies in the fabrication and sale of this article, yet, as these monopolies are really in jurious to the people where they are established, and the re venue derived from them may be less injuriously and with equal facility obtained from another and a liberal system of administration, we cannot doubt that our efforts will . be even tually crowned with success, if persisted in with temperate firmness, and sustained by prudent legislation. In recommending to Congress the adoption of the neces sary provisions at this season, for taking the next census or enumeration of the inhabitants of the United States, the sug gestion presents itself whether the scope of the measure might not he usefully — extended by causing it to embrace authentic statistical returns of the great interest specially intrusted to, or necessarily effected by, the legislation of Congress. The accompanying report of the Secretary of War pre sents a satisfactory account of the state of the army and of the several branches of the public service confided to the su perintendence of that officer. The law increasing and organizing the military establish ment of the United States has been nearly carried into effect, and the army has been extensively and usefully employed during the past season. I would again call to your notice the subjects connected with, and essential to, the military defences of the country, which were submitted to you at the last session, but which were not acted upon. as is supposed for want of tinie. The most important of them is the organisation of the militia on the maritime and inland frontiers. This measure is deemed important, as it is believed that it will furnish an effective volunteer force in aid of the regular army, and may form the basis for a general system or organization for the entire mili tia of the United States. The erection of a national foundry and gunpowder manufactory, and one for making small arms, the latter to be situated at some point west of the Allegheny mountains, all appear to be of sufficient importance to be again•urged upon your attention. The plan proposed by the Secretary of War for the distri bution► of the forces of the United Strtes in time of peace, is well calculated to promote regularity and economy in the fiscal administration of the service, to preserve the disci pline of the troops, and to render them available for the main tenance of the peace and tramprillity of the country. With this view, likewise, I recommend the adoption of the plan presented by that officer for the defence of the western fron tier. The preservation of the lives and property of our fel low-citizens who are settled upon that border country, as well as the existence of the Indian population, which might be tempted by our want of preparation to rush on their own destruction and attack tine white settlements, all seem to re quire that this subject should be acted upon without delay, and the War department authorised to place that country in a state of complete defence against any assault from the nu merous and warlike tribes which are congregated on that border. It affords me sincere pleasure to be able to apprise you of the entire removal of the Cherokee nation of Indians to their new homes west of the Mississippi. The measure authorised by Congress at its last session with a view to the long stand ing controversy with them, have had the happiest effects. By an agreement concluded with them by the commanding ge neral in that country, who has performed the duties assigned to him on the occasion with commendable energy and hu manity, their removal has been principally under the con duct of their own chiefs, and they have emigrated without any apparent reluctance. The successful accomplishment of this important object; the removal also of the entire Creek nation, with the exception of a small number of fugitives amongst the Seminoles in Florida; the progress already made towards a speedy completion of the removal of the Chicksaws, the Choctaws the Pottawatamies the Otawas and the Chippewas, with the extensive purchases of Indian lauds during the present year, have rendered the speedy and successful result of the long established policy of the govern ment upon the subject of Indian affairs entirely certain. The occasion is therefore deemed a proper one to place this policy in such a point of view as to exonerate the Government of the United States from the undeserved re proach which has been cast upon them through several suc cessive administrations. That a mixed occupancy of the same territory by the white and red man is incompatible with the safety or happiness of either, is a position in respect to which there has lung since ceased to be room fur a difference of opinion. Reason and experience have alike demonstrated its impracticability. The bitter fruits of every attempt here tofore to overcome the barrier imposed by nature, have only been. destruction, both physical and moral, to the Indian; dangerous conflicts of authority between the Federal and State Governments—and detriment to the individual prospe rity of the citizen, as well as to the general improvement of the country. The remedial policy, the principles of which were settled more than 30 years ago, under the administration of Mr. Jefferson, consists in an eanction, fora fair consideration, of the title to all the lands still occupied by the Indians within the States and Territories of the United States ; their remo val to a country West of the Mississippi, much more exten sive and better adapted to their condition than that on which they then-resided; the guarantee to them by the U.S. of their exclusive possession of that country for ever, exempt from all intrusions by white men, with ample provisions for their security against.external violence and internal dissensions, and the extension to them of suitable facilities for their ad vancement in civilization. This has not been the policy of particular administrations only, but of each in succession since the first attempt to carry it out under that of Mr. Monroe. All have laboured fur its accomplishment, only with different degrees of success. The manner of its execu tion has, it is true, from time to time, given rise to conflicts of opinion and unjust imputations; but in respect to the wisdom and necessity of the policy itself, there has not, from the beginning, existed a doubt in the mind of any calm, judicious, disinterested friend of the Indian race, accustomed to reflection and enlightened by experience. [The Message then enters into a justification of the conduct pursued by the American government towards the Indian tribes, especially in reference to the cession of lands made on the west side of the Mississippi. It then proceeds to remark upon the condition of the Indians.' The condition of the tribes which occupy the country set apart for them in the west, is highly prosperous, and en courages the hope of their early civilization. They have, for the most part, abandoned the hunter state, and - turned their.attention to agricultural pursuits. All those who have been established for any length of time in that fertile region, maintain themselves by their own industry. There are among them traders of no inconsiderable capital, and plant ers exporting cotton to some extent; but the greater number are small agriculturists, living in comfort upon the produce of their farms. The recent emigrants, although they have in some instances removed reluctantly, have readily acquiesced to their unavoidable destiny. They have found at once a recompense for past sufferings, and an incentive to indus trious habits, in the abundance and comforts around them. There is reason to believe that these tribes are friendly in their feelings towards the United States; and it is to be hoped that the acquisition of individual wealth, the pursuits of agri culture, and habits of industry, will gradually subject their warlike propensities, and incline them to maintain peace among themselves. To effect this desirable object, the at tention of Congress is solicited to the measures recommend ed by the Secretary of War, for the future government and protection, as well from each other as from the hostility of the warlike !Jibes around them,. and the intrusions of the whites. The policy of the government has given them a per manent home, and K uarrauteed to them its peaceful and undis turbed possession. It only remains to give them a govern ment and laws which will encourage industry, and secure to them the rewards of their exertions. The importance of some form of government cannot be too much insisted upon. The earliest effects will be to diminish the causes and occa sions for hostilities among the tribes, to inspire an interest in the observance of laws to which they will have themselves assented, and to multiply the securities of property, and the motives for self-improvement. Intimately connected with this subject, is the establishment of the military defences re commended by the Secretary of War, which have been al ready referred to. Without them the government will be powerless to iedeein the pledges of protection to the emigra ting Indian against the numerous warlike tribes that sur round them, and, to provide fur the safety of the frontier set tiers of the bordering states. The case of the Seminoles constitutes at present the only excep tion to the succesful efforts of the government to remove the Indians to the homes assigned them west of the Mississippi. Four hundred of this tribe emigrated in 1836, and fifteen hundred in 1837 and 1838, leaving in the country, it is supposed, about 2000 India, s. The continued treacherous conduct of these people ; the savage and unprovoked murders they have lately committed, butchering the whole families of the settlers of the territory, without distinction of age or sex, and making their way into the very centre and heart of the country, so that no part of it is free from their ravages ; their frequent attacks on the light-houses along that dangerous coast; and the barbarity with which they have murdered the pas sengers and crews of such vessels as have been wrecked upon the reefs and keys which border the Gulf, leave the government no alternative but to continue the military operations against them until they are totally expelled from Florida. There are other motives which would urge the government to pursue this course towards the Seminoles. The United States have fulfilled in good faith all their treaty stipulations with the Indian tribes, and have, in every other instance, insisted upon a like per formance of their obligations. To relax from this salutary rule, because the Seminoles have maintained themselves so long in the territory they had relinguished, and, in defiance of their frequent and solemn engagements, still to continue to wage a ruthless war against the United States, would not only evince a want of con stancy on our part, but be of evil example in our intercourse with other tribes. Experience has shown that but little is to be gained by the march of armies through a country so intersected with inacces sible swamps and marshes, and which, from the fatal character of the climate, must be abandoned at the end of the winter. I recom mend, therefore, to your attention the plan submitted by the Sec retary of War in the accompanying report, for the permanent oc cupation of the portion of the territory freed from the Indians, and the more efficient protection of the people of Florida from their inhuman warfare. From the report of Secretary of the Navy, herewith trans mitted, it will appear that a large portion of disposable naval force is either actively employed, or in a state •of preparation for the purposes of experience and discipline, and the protection of our commerce. So effectual has been this protection, that, so far as the information of Government extends, not a single outrage has been attempted on any vessel carrying the flag of the U. States, within the present year, in any quarter, however distant or ex posed. The exploring expedition sailed from Norfolk on the 19th Aug. last, and information has been received of its safe arrival at the island of Madeira. The best spirit animates the officers and crews, and there is every reason to anticipate, from its effects, results beneficial to commerce and honourable to the nation. It will also be seen that no reduction of the force now in com mission is contemplated. The unsettled state of a portion of South America renders it indispensable that our commerce should receive protection in that quarter; the vast and increasing interests em barked in the trade of the Indian and China Seas, in the whale fisheries of the Pacific ocean, and in the Gulf of Mexico, require equal attention to their safety ; and a small squadron may be em ployed to great advantage on our Atlantic coast, in meeting sudden demands for the reinforcement of our stations, in aiding merchant vessels in distress, in affording active service to an additional number of officers, and in visiting the different ports of the United States, an•accurate knowledge of which is obviously of the highest importance. The attention of Congress is respectfully called to that portion of the report recommending an increase in the number of smaller vessels, and to other suggestions contained in that document. The rapid increase and wide expansion of our commerce, which is every day seekingnew avenues of profitable adventure ; the abso lute necessity of a naval force for its protection precisely in the degree of its extension ; a due regard to the national rights and honour ; the recollection of . its former exploits, and the anticipa tion of its future triumphs whenever opportunity presents itself, which we may rightfully indulge from the experience of the past; all seem to point to the navy as a most efficient arm of our national defence, and a proper object of legislative encouragement. The progress: and condition of the Post Office Department will "be seen by reference to the report of the Post -master General. The extent of post roads, covered by mail contracts, is stated to be • 134,818 miles, and the annual transportation upon them 34,580,202 miles. The number of post offices in the United States is 12,533, and rapidly increasing. The gross revenue for the year ending on the lath day of June last, was 4,262,143 dollars. The accruing expenditures, 4,680,088 dollars ; excess of expenditures, 417,9 a dollars. This has been made up out of the surplus previously on hand: The cash on hand, on the .Ist instant was 314,068 dollars. The iefenrie fOr the year - endirig June 3U, 1838, was 161,540 dollars more than for the year ending June 39, 1837. The expenditures of the department had been graduated upon the anticipation of a largely increased revenue. A moderate curtailment of mail service consequently became necessary, and has been effected, to shield the department against the danger of embarrassment. Its revenue is now improving, and it will soon resume its onward course in the march of improvement. Your particular attention is requested to so much of the Post master General's report as relates to the transportation of the mails upon railroads. The laws on that subject do not seem ade quate to secure that service, now become almost essential to the nuhlie interests, and at the same time protect the department from unreasonable demands. Nor can I too earnestly request your attention to the necessity of providing a more secure building for this department. The danger of destruction to which its important books and papers are continually exposed, as well from the highly combustible cha racter of the building occupied, as from that of others in the vi cinity, calls loudly fur prompt action. Your attention is again earnestly invited to the suggestions and recommendations submitted to the last session in respect to the District of Columbia. I feel it my duty, also, to bring to your notice certain proceed ings at law which have recently been prosecuted in this District, in the name of the United States, on the relation of Messrs. Stock ton and stokes, of the State of Maryland, against the Postmaster General, and which have resulted in the payment of money out of the national Treasury, for the first time since the establishment of the Government. by judicial compulsion exercised by the COlL mon law writ of maudamus, issued by the circuit court of this District. The facts of the case, and the grounds of the proceedings, will be found fully stated in the report of the decision ; and any ad ditional information which you may desire will be supplied by the Proper department. No interference in the particular case is con templated. The money has been paid : the claims of the prose cutors have been satisfied ; and the whole subject, as far as they are concerned, is finally disposed of; but it is on the supposition that the case may be regarded as au authoritative exposition of the law as it now stands, that I have thought it necessary to pre sent it to your consideration. The object of the application to the circuit court was to compel the Postmaster-General to carry into effect an award made by the Solicitor of the Treasury, under a special act of Congress for the settlement of certain claims of the relators on the Post-office de partment,which award the Postmaster-General declined to execute an full, until he should receive further legislative direction on the subject. If the diitY - inipoSed on the Postmaster-General, by that law, was to be regarded as one of an official nature, belonging, to his office as a branch of the Executive, then it is obvious that the constitutional competency of the Judiciary to direct and control him in its discharge, was necessarily drawn in question. And if the duty so imposed on the Postmaster-General was to be con sidered as merely mini.terial, and not executive, it yet remained to be shown that the circuit court of the district had authority to interfere by mandamus—such a power having never before been asserted or claimed by that court. With a view to the settlement of these important questions, the judgment of the circuit court was carried, b 3 a writ of error, to the Supreme Court of the United States. In the opinion of that tribunal, the duty imposed on the Po•trriaster-General was not an offiCial, executive duty, but one of merely a ministerial nature. • The grave constitutional questions which had been disci:line' .were, therefore, extended from the de cision of the case; the court, indeed, expressly adinitting with powers and duties properly belonging to the EXecutive, no other - department - eati interfere by the writ of mandamus ; and the. vestiort, therefore, resokreti itself into this :-4as Congress eon. ferred upon the circuit court of this district the power to issue such a writ to an officer of the General Government, commanding him to perform a ministerial act ? A majority of the court have de cided that it has, but have founded their decision upon a process o f reasoning, which, in my judgment, renders further legislative pro visions indispensable to the public interests and the equal adminis tration of justice. It has long since been decided by the Supreme Court, that neither that tribunal nor the circuit courts of the U. S., held within the re spective states, possess the power in question ; but it is now held that this power, denied to both these high tribunals, (to the former by the constitution, and to the latter by Congre,si h"s been, by its legislation, vested in the circuit court of this district. No sucji direct grant of power to the circuit court of this district is claimed ; but it has been held to result, by necessary implication, from seve ral sections of the law establishing the court. One of these sec tions dethres, that the laws of Maryland, as they existed at the time of !the cession, should be in force in that part of the district ceded by that state ; and, by this provision. the common law, in civil and criminal cases, as it prevailed in Maryland in 1801, was established in that part of the district. In England, the Court of King's Bench,—because the Sovereign, who, according to the theory of the constitution, is the fountain of justice, originally sat there in person, and is still deemed to be pre sent in construction of law,—alone possesses the high power of issuing a writ of mandamus. not only to inferior jurisdictions and corporations, but also to magistrates and others, commanding them in the King's name, to do what their duty requires, in cases where there is a vested right, and no other specific remedy. It has been held in the ease referred to, that, as the Supreme Court of the United States is, by the constitution rendered incompetent to exer cise this power, and as the circuit court of this district is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the district, the right to issue the writ of mandamus is incident to its common law powers. Another ground relied upon to maintain the power in question, is, that it was in cluded, by fair construction, in the power it granted to circuit courts of the United States, by the act " to provide for the more conve nient organization of the courts of the United States," passed 13th of February, 1801 ; that the act establishing the circuit court of this district, passed the 27th day of February,lBol, conferred upon that court and the judges thereof the same powers as were by law vested in the circuit courts of the United States and in the judges of the said courts ; that the repeal of the first-mentioned act, which took place in the next year, did not divest the circuit court of this district of the authority in dispute, but left it still clothed with the powers over the subject which, it is conceded, were taken away from the circuit courts of the United States by the repeal of the act of the 13th of February, 1801. Admitting that the adoption of the laws of Maryland for a portion of this district confers on the circuit court thereof in that portion, the transcendant extra judicial prerogative powers of the Court of Queen's Bench, in England, or that either of the acts of Congress, by necessary implication, au thorize the former court to issue a writ of mandamus to an officer of the United States, to compel him to perform a mi nisterial duty, the consequences are, in one respect, the same. The result in either case is, that the officers of the United States are, in respect to the performance of their official du ties, subject to different laws and a different supervision ; those in the States to one rule, and those in the district of Columbia to another and a very different one. In the dis trict their official conduct is subject to a judicial control, from which in the States they are exempt. Whatever difference of opinion may exist as to the expe diency of vesting such a power in the judiciary, in a system of government constituted like that of the United States, all must agree that these disparaging discrepancies in the law and in the administration of justice ought not to be permitted to continue; and as Congress alone can provide the remedy, the subject is unavoidably presented to your consideration. N. VAN BUREN. WASHINGTON, DEC. 3, 1838. ARRIVAL OF THE "LIVERPOOL" STEAMER. The steam-ship Liverpool arrived at this port on Friday morning, making fourteen days and a half from the time of her leaving New York to that of dropping her anchor in the Mersey. She traversed a distance of three thousand two hun dred and thirty-nine miles. She had for some days been anx iously expected, as it was known that she would commence her homeward voyage immediately on the receipt of the Pre sident's Message, on the 6th, and greatconfidence was enter tained here that she would make a short passage. The agents had a steamer in readiness alongside the Prince's Pier, to board her as soon as she should make her appearance, and the men had been on watch during the night. The weather being rather hazy, the telegraph could not be worked towards the afternoon of the previous day; and this vessel, therefore, ran down to the Mockbeggar, to see it she might be i❑ the offing. No tidings of her were, however, then obtained. The next morning the Hibernia and the Redwing steamers brought the news that she had anchored off the Floating-light, at three o'clock, and would be up as soon as there was a suffici ency of water. At a quarter to eleven o'clock she was recog nised coining round the Rock, and looming to nearly three times her size in the mist that prevailed. She ran up the river in gallant style. The piers were crowded with persons why were anxious to witness her return, and to give her a welcome. It will be seen from the copious extracts which we have taken from the New York papers that she has brought some important intelligence from Canada and the United States. She had thirty-six passengers, including Mr. Buller, M.P., Mr. Turton and fa mily, Mr. and Mrs. Charles Mathews, and other persons of note, whose names are appended to a tribute of respect to her gallant captain, which we have much pleasure in subjoining. •I'he New York papers are in extacies with the vessel and her commander. The Morning Herald, speaking of the latter, says,— "Captain Fayrer is one of nature's noblemen; with the frank, straightforward, fearless, independent demeanor of a sailor, he unites the polished deportment of the finished gen tleman. His experience in nautical matters is extensive— his courage undoubted—his kindness proverbial, and his sci entific attainments superior to any of the skilful steam-ship commanders that have visited us. He will probably be the most popular captai❑ that crosses the Atlantic." Hours Miles Wind at Noon. .s• steaming. c.,,) steamed tons. cwt. Dec. 6—.11 6 15 4 S.S.E 7....24 26 8 201 S.S.E. 8....24 28 0 '2'2o S. by E. 9....24 27 16 240 N.W. strong breeze. 10—.24 27 . 12 240 N. Light wind. 11....24 20 4 174 N.W. by N. moderate. 12....24 28 18 196 S.E. light airs. 13....24 28 12 200 S. by W. heavy gales. 14....24 29 18 190 N.W. by W. a gale. 15....24 '29 16 224 N.W. by N. moderate. 16.-24 30 12 270 S.W. inci easing gale. 17....`24 31 4 240 S.W. by W. a gale. 18.-24 31 8 220 S.W. by S, light airs. 19....24 30 18 155 N.W. by N. fresh breeze. In the Irish Channel off 20....24 32 8 282 Waterford, 12 miles from land. 353; In Ded.dif.lon,ti 9 3239 T0ta1..3482 hours from the Quay Berth to George's Pier, Liverpool. The average speed for the entire distance was 9 1-6th nautical miles, or 1O statute miles per hour. The average daily consumption of fuel has been 30 tons 14 cwt. The average, per mile, (excluding the 6 tons for raising steam) 2 tons 2 cwt. 25 lbs., and the consumption per horse power per hour G lbs. From pilot to pilot she was 14 days 7 hours. N.B.—At the above average consumption, the " Liver pool," on arrival at George's Pier Head, had sufficient fuel on board for 11 days, or 2,456 miles additional distance. The following communication was made by the passengers of the above vessel: "To CAPTAIN FAYRER, R.N., STEAM-Stile " LIVILIIPOOL." " Dear Sir,—Before the termination of our short and pros perous voyage, we cannot refrain from some expression of those sentiments of regard and esteem to which your uni form kindness and attention to our comforts has naturally given rise. " If any distrust in the qualities of the " Liverpool," as a sea-boat were excited by her return to Cork upon her out ward passage, her subsequent completion of the voyage to New York, against such weather as she encountered, must have dissipated that distrust : we have seen enough of wea ther on this voyage to feel and know that all such apprehen sions are thoroughly unfounded—that so long as she is under the able and skilful management of yourself and Mr. Shaw (to whose anxious attention to his duties, courteous conduct to all on board, we are scarcely less indebted than to your self), the safety and comfort of passengers by the " Liver pool" will be placed beyond a doubt. "To your unvaried urbanity, politeness, and attention, must be mainly attributed the uninterrupted harmony which has reigned during our short and —though somewhat boister ous—very pleasant voyage; which, together with your excel lent table and good cheer, has reconciled us to a winter pas sage accross the Atlantic. " To that voyage we shall ever look back with the kindest feelings towards all connected with the " Liverpool," and every sentiment of esteem and regard towards yourself, as some small token of which, we beg your acceptance of a Gold Snuff-box, which Mr. Ingram has undertaken shall be presented to you. " That you and your fam health, with every happiness ly may enjoy prosperity and ind comfort which 3ou so well 'ho have the pleasure of being nd, - is the anxious hope of, e and faithful friends, know how to impart to those passengers under your comma " Dear Sir, your emcee (Signed) Thos. E. M. Turton Adeline M. Turton Alice T. Turton A. M. Stirling Rodney Fisher John Humphries John Alien Hugh Allen James Maginnis Charles C. Jennings Carlos Aguire Jno. Saxinienzo Adolphus H. Lissack Andrew Miller Hugh Allen Andrew Brand Charles Mornenk. 19th Dec. 1838." Charles Buller M. Price Augustus Price Charles J. Matthews Eliza S. Matthews T. H. Potter Gaspard Marcuvick James Ingrain James Fox " Steam-ship, " Liverpool," The Liverpool brought a large quantity of venison and game, &C., as presents to parties in this country. Amongst these were partridges, quails, turkeys, the justly-famed 'can vass-barked duck," wild geese, &c. '['he Liverpool looks as well as when she left this port on the 20th September, notwithstanding the buffetings of the strong waves which she has bad to encounter. Her cabins are as splendid as ever. She has sailed, or rather steamed, since she left the spot where she is at present anchored, about 7,940 miles; namely, out, 3,300 miles; home, 3,2-10; first trip out and back to Cork, 1,200; and distance hence to Cork, about 200 miles. To the great honour of the builders of her engines, and also to the working engineers, these ad- . mirable and powerful machines have never once had to be stopped, even during the longest gales, but have worked o❑ smoothly and incessantly throughout her long and, on the whole, tempestuous trips. She has, indeed, proved herself an admirable sea boat. Her run from Tuskar to the Skerries was, we learn, unusually rapid. On ber way she put up se veral rockets on passing, at some distance, a steamer, sup posed to belong to the City of Dublin Company, and these were returned by blue lights. POPERY IN ENGI.AND. -A letter from Rome, of the 4th December, published in the Augsburg Gazette, mentions an audience granted by the Pope to several English noblemen and gentlemen resident in Rome, headed by Lords Shrews bury and Stafford, who presented to his holiness the statutes of an institution established by them in London, and richly endowed, for the purpose of propagati ng th e pr i nc i p l es o f t h e Roman catholic church in England. The deputation is fur ther stated to have been received by the Pope with every mark of flattering distinction. ACTIVITY OF THE PAPISTS. —The papists are exceedingly active in spreading the tenets of their faith, unholy and un scriptural though it be; and provided they can do this, and at the same time aim a blow at the established church, they are not very scrupulous as to the means they employ or the assertions they make. They are publishing tracts and pam phlets, which they take care to circulate extensively. One of these tracts is headed, '' Friendly Advice to Protestants of all Denominations," and pathetically entreats them not to be lieve " foul calumnies" heaped upon Roman catholics, mean ing, we presume, the historical records of this country when popery adopted the mild persuasives of fire and faggot, and other equally cogent arguments. Then follows a statement of the doctrines believed in common by Protestants and pa pists, carefully omitting all those which the former repudiate as superstitious and unscriptural. The second tract is in titled, " Two or three of the many Reasons why a Roman Catholic cannot conform to the Protestant Religion." This is a more insidious composition; it repeats, with all possible effrontery, the thousand times exploded assertion that pro testantism is a new religion, and claims infallibility, direct succession from the apostles, and all the other attributes of the papal church. We believe similar Steps will be taken to circulate antidotes to this impudent and undik;ouiiied attempt to wean the people from the frith of their feremthera, LIVER THEATRE, CHURCH.STREET, LIVERPOOL, WILL OPEN FOR THE SEASON On WEDNESDAY, the 26th of December, 1838, _ _ ON WHICH OCCASION MRS. WAYLETT, THE CELEBRATED VOCALIST AND ACTRESS, From the Theatres Royal, Drury-lane, Covent-garden, Hay market, and English Opera, will make her first appearance, being engaged for a limited number of nights. MR. W. J. HAMMOND, Of the Theatre Royal, Covent-garden, and Strand Theatre. MR. AND MRS. RAYMOND. MADMLLE. CHEVELLIER, Principal Dancer from her Majesty's Theatre, Italian Opera House, who will shortly make her appearance. And the following Performers, who are engaged for the Season : Mr. W. - Bennett, Theatre Royal, Drury-lane ; Mr. J. Lee, Strand Theatre, London; Mr. Masterman, Theatre Royal, Bath and Bristol; Mr. Woodley, Theatre Royal, Birming ham; Mr. Leland, Theatre Royal, Brighton; Mr. Cooke, Strand Theatre, London ; Mr. Morris, Theatre Royal, Lei cester; Mr. Mills, Theatre Royal, X erk ; Mr. Burton, sen., and Mr. Burton, jun., Strand Theatre, London; Mr. How ard, Theatre Royal, Birmingham; Mr. Wallace, Theatre Royal, Glasgow; Mr. Jones, Mr. Morris, Mr. Flood, Mr. Moore, Miss Stuart, Mr. Braham's St. James's Theatre, London; Mrs. Collier, Theatre Royal, Covent-garden; Mrs. Howard, Mrs. Morris, and Mrs. Leland, Miss William, Miss Johnson, Miss Wieland, and various Auxiliaries. GOD SAVE THE QUEEN ! Previous to the Performance. Verse and Chorus, by the Whole of the Company. ON WEDNESDAY next, 26th instant, and thr ee fol lowing Evenings, the Entertainments will commence with a New Drama, never acted at this Theatre, called NAVAL ENGAGEMENTS; OR, ME CUD AND YOUNG SAILOR. Admiral Kingston Mr. W. Bennett. Lieutenant Kingston, J. Lee. Short M r. Burton. I Dennis Mr. Howard. Mrs. Pontifex Mrs. Collier. Miss Mortimer Mrs. Waylett. In which she will sing the following songs:—" Away, away to the Mountain's Brow," and " Pretty Star of the Night !" composed by herself. After which will be presented (for the first time) a popular Burletta, written by Charles Selby, Esq., entitled PREDEgICK OF PROSSIA; OR, THE KING AND THE COMEDIAN. Frederick the Great Mr. W. Bennett. Stolback.. Mr. W. J. Hammond, in sing a vaudeville, " Youth is the season for joy," and a military song, " Soldiers, comrades, I've oft to victory led." Captain Niddermannersteinchwanchouingen—Mr. S Lee. Baron Kircherwasher Mr. G. Cooke. Aid-de-Camp..Mr. Wallace. I Kreutzner..Mr. Burton, jun. Brochette Mr. Howard. Countess Plotzen..Mrs. Collier I Camilla.:..Miss Stuart. The Entertainments will conclude with a new and most successful Comedy, in two acts, called WOMAN'S WIT: Oft, LOVE AND MYSTERY! Colonel Henry de Liazon Mr. J. Lee. Do❑ Car:os de Espagia....Mr. Leland. Don Rimarez el Godi Mr. W. Bennett. Philip Philpot Mr. W. J. Hammond. Phelim O'Donaghue ...... Mr. Raymond. Eloisa de Espagia..Miss Stuart. I Juana ....Mrs. Howard. Celeste de Montmorency....Mrs. Waylett! Gossamer Mrs. Waylett! ! Zuleika, (an Arabian Ladv) Mrs. Waylett !!! Cornelius Beaufire, an exquisite.. Mrs. Waylett!! !! In the course of the comedy Mrs. Waylett will sing "'Those tinkling bells," " The dew is on the grass," and her celebrated Irish ballad of " Kate Kearney." Arabella —Mrs. Howard.—Susan..Mrs. Mortis. Several Novelties are in a state of active preparation, and will be produced in rapid succession. Tickets and places for the Boxes to be had of Mr. John Fogg, at the Theatre, each day from Eleven to Three o'clock. Boxes, 3s. Pit, 2s. Gallery, 6d.—Second Price, Boxes, 2s. Pit, Is. No Second Price to the Gallery. Doors to be opened at half-past Six. Performances to com- mence at Seven precisely. TO THE LADIES OF LIVERPOOL AND ITS VICINITY. "VERS. NICHOLAS GEARY, 61, St. James's-street, -LIAL London, STAY and CORSET MAKER to Her Majesty the Queen, the Queen Dowag e r, Her Imperial Highness the Princess of Orange, and Royal Family, Ate — get respectfully to announce to the Nobility of Liverpjol and its environs, that she has APPOINTED Mrs. CUTTER, Milliner, &c. &c., No. 11, Clarence -street, Rodney-street, HER SOLE AGENT FOR LIVERPOOL, where they can be suited with her elegant newly-invented Anatomical Stays, which are also patronised and recommended by all the most distin guished Members of the Medieal Profession in the Metro polis. The LIVERPOOL STANDARD of this day will remain on Sale throughout the day at Mr. ARNOLD' S , Post office place, and may also be had as usual from any of the other news agents in the town. In consequence of the late Post-office regulations, the LIVERPOOL. STANDARD is now dispatched, by the Mail which leaves at half past Two o'clock in the mornin,L7 for London, Birmingham, Manchester, 4c. This arrangement renders it necessary that A doer tisements should be sent to the Office before Eight o'clock on Monday and Thursday evenings. TO CORRESPONDENTS. The letter of "S. W. B." shall appear in our next. Its length precluded its insertion to-day. triMe Eiberpool TUESDAY MORNING, DEC. 25, 1838. THE EAST INDIES AND PERSIA.—In our second edition of Friday last we published, together with the President's speech, the following important intelli gence from Bombay:— WAR WITH PERSIA! We are indebted to the kindness of Mr. Court, of the Underwriters' Rooms, for the following important information from the Presidency of Bombay, announ• cing the declaration of war against Persia : Despatches have been received at the India House, via Malta, from Bombay, to the Ist November. Very few private letters were forwarded. A letter from Malta, by this conveyance, states that a declaration of war against Persia was received in Bombay on the 24th October. The troops were to leave Bombay on the 15th November, under the command of Sir John Keane, and would meet the Bengal army under the command of Sir H. Fane, at Shakapoor, and Sir H. Pane would then take the command of the whole. Their des:nation was Caboul, the ex-King of which country would be reinstated on the throne by the Bri tish. Dhoust Mahomet, the usurper of the Caboul throne, had joined Persia. Runjeet Singh would co operate with the British. The siege of Herat still continued, and the Herattees held out most gallantly. An .(Iditional force of from 6 to 8,000 men would leave Bombay for the Persian Gulf, to join the British forces already there. When we inserted the above article of intelligence we felt perfectly satisfied of its correctness, for which we considered the respectability of the source whence it was derived to be a sufficient guarantee. On Saturday, however, the editors of the Liverpool Journal and the Manchester Guardian took occasion, in terms nearly identical, to question the authenticity of the extract which we have given above. The Jour nal couches its caution in terms not very compliment ary to Mr. Court, almost taking it for granted that either he or his informant must have neglected to look at the date of the letter from which the extract was made. However, the above intelligence, against receiving which the Manch; Guardian, (perpetrating a punupon itself) " puts the public on their guard," is proved, by subsequent accounts, to be substantially correct. The only difficulty about the matter seems to arise from the circumstance that the news of the raising the siege of Herat had not reached Bengal at the date of the last advices from that presidency. When this circum stance is taken into consideration there appears to be no difficulty or discrepancy whatever in the case. We have felt called upon to say thus much in vindi cation of ourselves against an implied charge of fa brication, and to show that it is possible for informa tion of the highest importance to find its way from London into the columns of the LIVERPOOL STANDARD antecedently to its appearance in the London jour nals. The news which we gave on Friday appeared at length in the London papers of Saturday last. This is not the first time that we have had to acknowlege our obligations to Mr. Court for enabling us to fore stal our metropolitan contemporaries in articles of news. We find, in the Times of Saturday last the following introductory remarks, prefixed to the official document conveying the intelligence which we gave in our se cond edition on Friday :—" We annex a document of the highest political importance, which has been re ceived from India, being the declaration by the Go vernor-General of the grounds on which the expedi tion to the frontier of Persia has been undertaken , and an exposition of our relations with the n ative princes in that part of India. At the time it was is sued it was not known in Bengal that the siege O f Herat had been raised, but we are now informed , which makes the event of infinitely greater conse quence to us than was at first imagined, that the chiefs of Candahar have avowed their adherence to the Per sian policy, with the " full knowledge of its opposition to the rights and interests of the British- nation in India," and that they have openly assisted in the oper ations before Herat. Had the place then fallen before the power of the Sella!), the means of further advance were immediately open to him, through the friendship and do-operation of these chiefs. With Runjeet Singh a treaty of alliance is stated to have been conelndec!, to which Schalt.Sopja, the exiled prince-of :Cabnl, is made party, and with the aid of tiTio-trifilo . 8111343°