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

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 propagating the principles of the
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,