The Sun.
London, England, 1838-12-22 00:00:00

)u,l e t COW, 'ag
c,r.icd by er.t of err r t tt '4. I ie+, Chu t ~t the Ueit,d
6,at, s In t ipinio!, cf. !list :,t• duty inposed on
the l'ostrn4st,?r-General was not no official, executive duty,
but cue of a merely ministerial nature. The grave constitu-
tional questions which had been discussed were, therefore, ex-
cluded from the decision of the case ; the Court, indeed, ex-
pressly admiqin,s, that, with powe:s and duties properly be-
longing to the Executive, no other d, part ment c•in interfere
by the writ of mandamus; and the question, therefore, re'
sol,ed itself into this :—Has Congress conferred upon the
Circuit Court of this district the power to issue such a
writ t 0
en officer of the general G vernusent. commanding hint to
p form a ministerial act? A m,,jority of the Court have
decided that it has, but have founded their decision upon
process of reasoning which, in my judgment, renders further.
legislative provision indispensable to the public interests and
the equal administration of justice.
It has long since been decided by the Supreme Court that;
neither that tribunal nor the Circuit Courts of the Unitea
States, held within the respective States, possess the Po"er
in question, but it is now held that this power,
denied tO
both of these high tribunals, to the former by the Constitu-
tion, and to the later by Congress, has been by its legisla-
tion vested in the Circuit Court of this district. No such di-
rect grant of power to the Circuit Court of this district Is
claimed, but it has been held to result by necessary iruPlica
tion from several sections of the law establishing the Court'
One of these sections declares that the laws of Maryland, as
they existed at the time of the cession, should be in force I°l
that part of the district ceded by that State, and by this pre'
vision the Common Law, in civil and criminal cases, as it prei
veiled in Maryland in 1801, was established in that part °
the district.
In England, the Court of King's Bench, because the SoYe,',
reign, who, according to the theory of the Constitution, is
the fountain of justice, originally sat there in person, and
°
still deemed to be present, in construction of law--ale9°
possesses the high power of issuing the writ of mandarin' '
not only to inferior jurisdictions and corporations, huta:4
to Magistrates and others, commanding them, in the Kier
name, to do what their duty requires, in cases where there
is a vested right, and no other specific remedy. It has heel
held, in the case referred to, that, as the Supreme Court °
the United States is, by the Constitution, rendered income
petcnt to exercise this power, and as the Circuit Court °
this district is a Court of general jurisdiction in cases at Of;
mon law, and the highest Court of original jurisdiction in t
district, the right to issue the writ of mandamus is incident.ta
its common law powers. Another ground relied upon to mai ,
taro the power in question is, that it was included, by fair robe
struction, in the power it granted to the Circuit Courts of t,
United States, by the Act " to provide for the more con/ea
nient organization of the Courts of the United States," Passe.;
13th of February, 1801; that the Act establishing the
Court of this district, passed the 27th day of Feb., 1801, c°
ferred upon that Court and the Judges thereof the saei'le
powers as were by 11w vested in the circuit courts of the
United States and in the judges of the said courts ; that :be
repeal of the first-mentioned Act, which took place in f
next yr ar, did not direct the Circuit Court of this district °5
the authority in dispute, but left it still clothed with the per;
over the subject which, it is conceded, were taken oval'
of
e Circuit Courts of the United States by the repeal
Act of the 13th February, 1801. Cireeni.
Occupying the double character of contractor on its 0 5
account, and guardian for the parties contracted with, it
hardly to be expected that the dealings of the Federal
,po..
ventment wi.h the Indian tribes would escape misrere-t-big
tation. That there occurred in the early settlements Of
sue,
country, as in all others where the civilised race has
teeded to the possessions of the savage, instances of oPP'oeb
siun and fraud on the part of the former, there is te° %If
reasen to believe. No such offences can, however, be Justly
charged upon this Government since it became free to nur'-p
its own course. Its dealings with the Indian tribes havell_o
just and friendly throughout; its efforts for their civilisa itg
t
constant, and directed by the best feelings of humanity'
fee
watchfulness in protecting them from individual frauds Li
the
miffing; its forbearance under the keenest provocation,
deepest injuries, and the most flagrant outrages may cballelo
at least a comparison with any nation, ancient or modern4i,
similar circumstances ; and if in future times a povrerful,
Hied, and happy nation of Indians shall be found to exist ein'tte
the limits of the Northern Continent, it will be owing to „
consummation of that policy which has been so unjustly
of
sailed. Only a very brief reference to facts in confirmation
re
this assertion can in this form be given, and you are there
necessarily referred to the Report of the Secretary of Welting
further details. To the Cherokees, whose case hasp et".fl'e
excited the greatest share of attention and sympatby,n`tee
United States have granted in fee, with a perpetual guar?,_,(l
of exclusive and peaceable possession, 13,554,135 acres of r
on the west side of the Missitsippi, eligibly situated in
healthy climate, and in all respects better suited to their-0
00i;
,
dition than the country they have left, in exchange for
9,493,162 acres on the cast side of the same river. theta
The United States have in addition stipulated to pay we
5,600,000 dols., for their interest in, and improvementsece
the lands thus relinquished, and 1,160,000, for subsist
mil% it
and other beneficial purposes ; thereby putting it in b
ent
power to become one of the most wealthy and er
separate communities, of the same extent, in the world. the
By the treaties made and ratified with the Miamies, h;
Chippewas, the Sioux, the Sacs and Foxes, and the Winnev--
goes, during the last year, the Indian title to eighteen millions
four hundred and fifty-eight thousand acres have been extin-
guished. The purchases have been much more extensive Very
~
any previous year, with other Indian expenses, borne e
heavily upon the Treasury. They leave, however, but a atsai,
quantity of unbought Indian lands within the States and to sly
tories; and the Legislature and Executive were eclu_.aio
sensible of the propriety of a final and more speedy.extinTieb
of Indian titles within those limits. The treaties, nlour
were, with a single exception, made in pursuance of ere%tif
appropriations for defraying the expenses, have subseene" of
been ratified by the Senate, and received the sanction.,eo
Congress by the appropriations necessary to carry tu t
of
effect. Of the terms upon which these itnP_ove
negotiations were concluded I can speak from direct to's, of
ledge, and I feel no difficulty in affirming that the interi: to
the Indians in the extensive territory embraced by te°
favourable
be paid for at its fair value ; and that no more avrold
terms have been granted to the United States than
have been reasonably expected in a negotiation with tills own
men, fully capable of appreciating and protecting the' uired
rights. For the Indian title to 116,349,897 acres, ecl paid
since the 4th of March, 11;+29, the United States havac_serer
72,560,056 dollars, in permanent annuities, lands, ;ace,
tions for Indians, expenses of removals and subs,"_ents,
merchandise, mechanical and agricultural establison the
and implements. When the heavy expenses incurred noirtioo
United States, and the circumstance that so large a Po eon'
of the entire territory will be for ever unsaleable, sr,ob the
sidercd, and this price is compared with that for "what jos-
United States sell their own lands, no one can doubt th
tice has been done to these Indians in these purchas,eoverty
Certain it is, that the transactions of the Federal by
ment with the Indians have been uniformly characterie% d it
sincere and paramount desire to promote their welfar`24irieoad o
must be a source of the highest gratification to every %be ob'
justice and humanity to learn that, notwithstandingtite
structions from time to time thrown in its way, and eticable
culties which have arisen from the peculiar and itnPr_ad
pnde-
nature of the Indian character, the wise, humane, std el
viating policy of the Government in this, the Inestbedencejrntsatiit;
all our relations, foreign or domestic, has at length
fled to the world in its near approach to a happy an
consummation.
The condition of the tribes which occupy the
uernitorld
set apart for them in the west, is highly presPer° 'Tbel
encourages the hope of their early civilization._ statef
have, for the most part, abandoned the bunte.rai. Alt
and turned their attention to agricultural Pursul tl.-- •me
• ,
those who have been established for any length 0f we _ln
that fertile region, maintain themselves by their oat
dtetry. There are among them traders of no ineal
bent, bet
capital, and planters exporting cotton to some eft conv
the greater number are small agriculturists, living
__idiots'
fort upon the produce of their farms. The recent living
although they have in some instances removed re... They
have already acquiesced in their unavoidable destiny.tot an
have found at once a recompense for past sufferings,...d On:
incentive to industrious habits, in the abundance.allil teel
forts around them. There is reason to believe t
t taobn: L
of jnite
tribes are friendly in their feelings tovar-s.
States; and it is to be hoped that the acquisniti
victual wealth, the pursuits of agriculture, ropensitie
industry, will gradually subdue their warlike on the's;
and incline them to maintain peace am:
h attended
selves. To effect this desirable object, treconitnell" t
of Congress is solicited to the
measures e Gorerninefe
by the Secretary at War, for their future
as from t'
other
and protection, as well from each and the °trill;
hostility of the warlike tribes around them,
sions of the whites. The policy of the Government
tith"et'li;
them a permanent borne, and guaranteed t
habits 05'
it
ins to gt
peaceful and undisturbed possession. It only rem ,_dosrfr_
them a Government and laws which will encourage TV_
and secure to them the rewards of their exertions' tof
importance of some form of Government can% &minis'
much insisted upon. The earliest effects will btribes' to je:
the causes and occasions for hostility among the bieh tbelf
spire an interest in the observance of the laws to rarities
will have themselves assented, and to multiply the s',„tiroate.l.,
property, and the motives for self-improvement. ..".;
connected with this subject, is the establishment of t"
hicb
defences recommended by the Secretary of War, wn
_eet
been already referred to. Without them the Geyero4o a
be powerless to redeem its pledge of protection of the emigre
ing Indians against the numerous warlike tribes tbatse.iors
them, and to provide for the safety of the frontier "
the bordering States. onlY cs:o
The case of the Seminoles constitutes at present the° reieo
ception to the successful efforts of the Government t,fisoie,
the Indians to the homes assigned them west of the 137
400 of this tribe emigrated in 1836, and 1,500 in ‘,',000 p 2;
1838, leaving in the country, it is supposed, about:. neon,
diens. The continued treacherous conduct of tbe
ee_lroitte.
the savage and unprovoked murders they have lately. oft.°o
butchering whole families of the settlers of the
.territort_to,tp,,
out distinction to age or sex, and making their way r,
very centre and heart of the country, so that non i-Se lig,.
free from their ravages; their frequent attacksbeerbawriti 01;
houses along that dangerous coast, and the c
__ of si?b
which they have murdered the passengers and cr
vessels as have been wrecked upon the reefs and Kee?". hut 1
borderithe Gulf, leave the Government no alterir arena'
continue the military operations against them until alternates
Y opt
tally expelled from Florida. rtr-
There are other motives which would urge the veeeln.co
to pursue this course towards the Seminoles. '`,i„olatt..,,,
States have fulfilled in g W
ood faith all their treaty.silocci
with the Indian tribes, and have, in every other u'