Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-12-07

s,iuarions with the Indian tribes, and have IN lyrrv
Other instance, insisted upon like p,r"rmauce Of Their
oLI,ualinns TO relax from tins sa!uary rule because
lin. Sempoles have maintained ih m>elvss luur IN
the territory they had Ic!nqushed and IN dence Of
their frequent and solemn engagements. sul CONTINUE
10 wage ruthless war against the |. :, would no,
only ryincr want Of consistency on our part, but be-
Of Evil examue in our intercourse with uthrr tribes -
Experience has shown that but little Is TO he gained by
the mar q armrs through Il country =" ni"rsccrd
with inaccessible swaiHps and marshes, and ch from
the fatal character Of the climate must hr ahdnd"mrCa
the end of the winter ] recommend therefore. yrur
attention. the plan submitted by the Secretary q" Warm
the accompanying report for The permanent occupation
of the horizon Of the Territory freed tom the Indians
and the efficient protection OF the people OF tioItl
from their inhuman warfare.
From the report Of the Secretary OF The Navy here
with transmitted, 1t will appear that large PORTION a!
the disposable naval force is either actively 'mplyc-
in state of preparation for the purposes "f xoertn-
and discipline. and the protection OF our cOmnercr
So eeclua has been this protection that so Tar IS Tie
information of Government extends, not sIngr Out
rage has been attempted on vessel carrying The Na.N
the United States, within the present year IN any qg.'
Ter, however distant or exposed.
The Exploring Expedition sailed from Norfolk on h"
10Th of August last and Information has been received
of lis safe arrival at the Island Of Madeira The bs,
spirit anmaes the officers and and there every
reason anticipate from its efforts, results beneficial!
commerce und honorable to the nation
1t will also be seen, that reduction Of The force
in commission is contemplated The unsettled state OF
portion Of South America renders 1t indispensable that
should receive protection in that quarter.
the vas, and increasing interests embarked r 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 small squadron may
lie employed 10 great advantage Atlantic coast.
in meeting sudden demands Tor the reinforcement Of
other stations in aiding merchant vessels in distress
n!inrdIng active service additional number of off.
and in visiting the different ports of the i States,
accurate knowledge Of which is obviously of the
highest lmpurtarrr.
The attention .! Congress fully called tina,
portion of the report recommending increase the
number OF smaller vessels, and To oher suggestions
tanned in that document. The RAPID ncrr and wide
expansion of our commerce. which is every DAY seeking
Of profitable adventure; the absolute neces
sity of naval force for its protection precisely in the
degree Of lis extension; due regard 10 the national
rights and honor; the recollection OF lis former exploits,
and the anticipation of It's future lrlumphs whenever OPP
portuny presents itself, which we may rgty indulge
from the experience of the past all seem 10 point to the
navy as most efficient OF our national defence, and
proper object of legislative encouragement.
The progress and condition Of The Post Office Depart
men will be seen by reference 10 The rPort o: the Posi-,
master. General The extent of post roads covered by
mail contracts is stated 10 BE- IA >ls miles, and the
annual transportation upon them 3i,J-O2O2 Inc mum.
Der of post Offices the United States Is II J13 and
pdly increasing The gross revenue for the year ending
on the :50lh day Of June last, $40 10 The
cruing expenditures SiGcOOGS; eAccSS 4" expenditures,
SlI7 923. This has been made up out al The surplus
pre yously on hand The cash hand the first m
slant was Sd 0GS. The revenue for the year ending
June 30 ISIS was Sl6l $40 than that for the year
ending June 30 1897. The expenditures Of the depart
ment had been graduated upon the anticipation OF 4
largely increased moderate cuftai!meni ot
mail service consequently became necessary. ana mas
been effected shield the department against The dan
ger OF embarrassment. lis revenue IS n"w IMPROVING
and it will soon resume It's onward course IN tue march
oil improvement
Your particular attention is requested 10 much Of
the Postmaster Generals report relates I" the trans
porlalon Of The mails upon railroads The laws on that
subject do not adequate 10 secure that service, now
become aaos, essential 10 the public interests, ana at
the time protect the department IRON combinations
and unreasonable demands
Nor can too earnestly request your attention TO the
necessity Of providing secure buI!Hng for tins
department. The danger OF destruction to which ITS
important, books and papers are continually exposed as
we'll from the highly combustible character OF the build
ing occupied from that of others IN the vicinity calls
loudly for prompt acton
Your attention is again earnestly invited 10 the sug
geslions and recommendations submitted al the last ses
sion in respect TO the District Of Columbia.
feel il my duty, Also 10 bring TO your notice certain
proceedings at law which have recently been p'osecud
in this District, in the OF the United staes. on The
relation Of Messrs Stockton and Stakes, u The State Of
Maryland, against the Postmaster General, ard which
have resulted in the payment of money ou OF The Ma
onal Treasury, for the first time since he establish
ment Of The Government, by Judicial comPuIsIon 'arr'
cised by the common law writ oil manGamus, issued by
the circuit court OF this District.
The facts of the case and the grounds Of The proceed
sion; and any additional information which you may de-
sire will be supplied by the proper department. No IA
reference in the particular IS conienPated Inc
money has been paid the claims of the have
been satisfied and the whole subject so far as they are
concerned is finally disposed of but II IS on The suPPo
ston that the may be regarded as an authoritative
exposition OF the law as il now stands that have thought
it necessary 10 present it TO your consideration.
The object of the application TO the Circuit Court
was to compel The Postmaster General TO carry into ef
feet an award made by Tic Solicitor OF the Treasury un
der specia &C, Of Congress for the settlement of certain
claims of the REALTORS the Post Once Department.
which award the Postmaster General declined to exc
cute in full unit, he should receive further legislative
direction on The subject IL the Duty imposed on the
Postmaster General by that law was 10 he regarded %
one of an official nature, belonging 10 his Office
branch of the Executive, then 1t IS obvious that the
constitutional competency OF the Judiciary to direct
and control him in It's discharge was necessarily drawn
in question. And if the duty imposed on the Post
master General 10 be considered as merely M
nsteral, and not executive, IL yet remained 10 ne
shown that the Circuit Court of the district had
thority interfere by mandamus-such power having
never before been asserted claimed by that court -
With view the Settlement OF these important gues.
TONS the judgment of the circuit court was carried by
writ of error the Supreme Court OF the L. ;. In
the opinion of that tribunal, the duty imposed tho
Postmaster General not Official, executive duty,
but of n merely ministerial nature. The grave con-
slitutiona questions which had been discussed were,
therefore, excluded from the decision Of ne case the
court indeed expressly admitting that, win powers ana
duties properly belonging 10 the Executive ~" other 80
parlment can interfere by The writ OF mandnmns; ana
the question, therefore, resolved itself INTO ms lias
Congress conferred upon the circuit court o, 'h's DIS
tric the power issue such VIII 10 an oHIceT OF the
General Government, commanding HIM 10 perform
ministerial act? majority Of the court have decided
that has but founded their decision Upon pro-
cess of reasoning which, in my Judgment, renders ur
Their legislative provision indispensable TO the pubic m
terests and the equal administration Of justice.
1t has long since been decided by the Supreme Court,
that neither that tribunal the Circuit Courts OF the
hp wi State5
in question:; but it is now held that this power, dened
TO both of these high tribunals 20 the former by the