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The Madisonian.(Washington, DC) 1839-03-02 [p ]....THE MADIHONIAN THOMASALLEN, »uth*; w*unl**»paid...

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THE MADIHONIAN THOMAS ALLEN, »uth* ; w* unl**» paid for <"t»*nce ruci or ^ T««l«t I., *c !.-. u»w* i.;aft E«h ad<hi»»»l Dro'porljon.u> rtf. ix-ssr-r rss »>» «".«*.» ** 7^._rther, wn,i« br Ml. in bill. of ^Went ^ our rirt; provide >' .h*11 *P" certificate, that »uch remittance ^'7hd?E5i w«l be made to compariic of A" »tratwiniuiiW then *ub*cnpUon* together. or«"? .n«1 other* tuthortiod, acting a* our T'Tjl b«'entitled to receive a copy of the |*p«r ^"'V, tttn five .ut-enber. or, at that rate per cent. ' , generally , the tenna being fulfilled. ""Letter* *nd communication* intended for the e*ta- bj.i.ieni *»»<. be received unlet, the poMlage u r*' T.. PAHFNT9 ANDTEACHERS-- At a meeting on ^.ti^ in the "H.11 of Representative* at Washington, hebl Dec. 13, the following rt-oluuon "^eWvcd 'That th» meeting con.iderthe School Book, .1 T»«hT Hi-ellmg Hook," u original work of "'l;id ,11, * .*e - Urache* the child the rn.an.ug of 15 .5 »t theaame Uiue their spelling ia learned, and ss1*f££ srs.».»-»¦"«" ¦ctol"- ilec. |1 itijftlWi » rritfP RUINS OK ATHENS, and other Poem*, try O. T HtU, jut pablt.hcd and tlua day w^d, for^-Oe by Also Eruai'a Selection from the Work* of the Britiah p^ffro- Meooer to Walter Soott, with b'W'£«rf each, complete in one octavo volume. ,eb " ly 1 octaii taM fubliehed by the Bntieh society, filled with engravln#* An additional aupjily juat receiv- 1 i)V v TAYLOR, who haa for aale a large *upply of all the roost valuable Agricultural Work*, both Engliah anil American at the lowe.t price. English Book* imported to ordar. MARSHALL'S LIKE OK WASHINGTON, abridg- rd by the aulhor for the use of School*, in one vol. Bj*. pVivLOH""^ ITe AMERICAN JURIST, for January, 1839, ia this day received by F. TAYLOR, who will furniah the work regularly to subscriber* K T also receives aubscription* for the Law Library, and will forward either, strongly enveloped to any part of Smith's Chancery Practice ; Leigh'* Ni«i Priu* ; Ken ne's Blackatone. are juat .received, and all other Law Book* are received a* *0011 a* published^ On hand a well selected collection of standard Law Book*, for sale in all caae* at the lowest Philadelphia prl English Law and other Book*, imported to order from London. >»" 24 TO TEACHERS.At a meeting. Dec. 13, in the Hal of Repreientatine*, the following resolution wa* unanimously passed: Resolved, That we consider the work called "Town's Spelling Book" of the lMghe«t importance to the cause of education, and do earnestly recommend it* use in all our " It has been adopted by the State of New York and by the leading achools of New England. The great pecu¬ liarity of this Spelling Book is, the child learns the meaning of the word, While it learns to spell it. This is a point of great moment. For sale by F. TAYLOR, Washington, who haa also for sale "The District School or National Education, by J. Orville Taylor, and " The Farmera School Book bv the same author. New NOVEL.." Eoncguski," or th« Cherokee Chief, a tale of past wars, by an American, is just published, for sale by F. TAYLOR, or for circuit ion among the subscriber* to the Waverly Circulating Libra¬ ry. e Rambles in europe, t.y F.m»> w Hail, in a volume*, being a Tour through France. Italy. Swit¬ zerland. Great Britain, and Ireland in 1836, i volumes, just published, are this day received, for Or for circulation among the subscriber* to the Waverly Circulating Library. 1 WAVKKLT ClHCPIiATIHO LIBHABY IMMEDIATELY Ea*t of Gad»by'* Hotel, Pennsylva¬ nia Avenue.is regularly supplied with « **an^*T "/ copies of every new work, (novels and others,) immediately upon publication, the Magazines, &c. <Vc. Terms Fivo dollar* per annum, or one dollar tor a .ingle month. Ja" 10 North American Trust and Hanking Company, No. 20 Wall Street, New Fork. CAPITAL, S50.000.000. This Institution ha* been organized under the General Banking Law of the State of New York. It* Capital is Fifty Millions of Dollars.Two Millions of which has been subscribed. It has limited its capital for five years to Ten Millions of Dollars, one half of which is to lie secured on bonds and mortgages of fee simple real estate, and the other half in cash or public stocks. The Company issues its Stock for cash, Slnte Mocks, or Bonds secured by Mortgage, on unincumbered Real Estate. Applications to be addressed to the Second ^ *The terms upon which this Company make their ar¬ rangements are as liberal as those of any Corporation in the State. OFFICERS. JOSEPH'D. BEERS, Piesident. JOHN LORIMER GRAHAM, Counsellor. WALTER MEAD, Cashier. DANIEL E. TYLEE, Second Cashier. WILLIAM P. POWERS, Notary. directors. Joseph D. Beer*. Peter Stuyvesant, Thomas E. Davis, Anson G Phelps, George D. Strong, Thomas L. Servoss, John R. Peters, John L. Graham, Robert Dyson, William P. Halle". Jonathan Trotter, Valentine G. Hall,, Charles Hwt, William Stebbins, James B. Murray, Henry H. Leeds, Henry H. Elliott, Gilbert Allen. Obadiah Holmes, Thomas G.Talmaje, Daniel E. Tylce, Courtlandt Palmer. Henry Yates, Sheldon Thompson, Erie County. Samuel Wilkeson, Erie County. Washington Hunt, Niagara County. David E. Evans, Genesee County. William K. Strong, Ontario County. William M. Oliver, Yates County. Samuel D.' Walker, Baltimore. .lames Erwin, New Orleans. nov l0-(iin THE WEEKLY MAD1SONIAN, durino thrcom- IM3 sksnion or Congress..The Weekly edition of the Madisonian, during the approaching session of Congress, will contain a condensed abstract of all the proceedings of both Houses, and substantial reports of the leading speeches on questions of general interest from the speakers of every p'irty. and will lie furnished to subscribers for FIFTY CENTS for the session. Persons at a distance desiring the paper can either transmit by the member of Congress for their District, or two or more uniting together can *end by mail. Orders will not be attended to unless payment in every ca*e lie made in advance, and letters will not lie taken from the office unless the postage is paid. The price of the tri-wcekly edition of the paper for the session is 81 50. nov lotf THOMAS ALLEN. TVTKW BOOKS..The Heir of Sellwood, a novel by IN Mrs. Gore, author of Pin Money, &c. &c. and Four Yearn' Residence in Paraguay, under the government of Kraneia, by the Messrs. Robertson, are both just publish¬ ed anil this day received, for sale by F. TAYLOR, or for circulation (together w ith all other late work*)tothe sub- criWr« nu\.. Waverly Circulating Library, immediately E.iit id (.ndsby'n Hotel. Also, Ali\ir» Vernon,by Miss Leslie, author of Pencil Sketches, 1 vol. Mary Raymond, hv Mrs. Gore, author of Mother* and Daughter*, iVc, for sale and circulation as above, dec 8 Ii^TIQl FT I E, or rules and reflections fjr conduct in J society, by a uentleman.I vol Ml cents Also, Madame Celnarfs " lWk of Polilenew" dedi¬ cated to the youth of both sexes, price 50 cents 29 K.TAYLOR. OOUVENIRS, ILLUSTRATED BOOKS, dee..A k 7 great variety of Souvenirs, English and American, all that are yet published for the coming year, are for sale by F. T xYLOTR, and several new ones daily expected. Juvenile Souvenir* Bnd Juvenile Hooks| Illustrated Books of Travel* and Book* of Engraving* in gieat va¬ riety, books in elegant binding, ornamental and illustrated and miniature edition* of'every variety of celebrity; all at nnu*u.tlly low price*, at hi* bookstore, immediately East of Gadsby'* Hotel. jun 1 History of the extra sEssioN-Em. bracing a faithful alwtract of the Currency debates and accurate table* of the yeas and nay* on every impor¬ tant measure, in pamphlet form ; price 25 cent*, fcb* F.TAYLOR. THE MADISONIAN. VOL It.NO. 67. Ctl 9, 1839. WHOLE NO. 806. DURAN1) & CO. BASK NOTE KMUHAVSRt, No. 2G Wall. miicrr, New Yoa«, INFORM the Banking Institutions of ihe United 8t*lN, that tkey have organised an establishment new and complut* in alt its department*, fur the purpose of carry¬ ing on the above buaineaa. Their long experience, and their reputation aa inventor* or jperfectora ol the great im¬ provements which have taken place in Bank note engrav¬ ing, will, they truat, be a sufficient guaranty for the aup«- rior and elegant execution of ordera entrusted to their care. Their die, or machine work, the greatest preventive of counterfeiting, ia entirely new ana oruinal in its style, made expressly for this firm from a machine constructed by C. Duraud. who haa devoted twenty years attention to the subject. For beauty of execution, variety and rich- lies* of effect, '.bey pledge themselves that the new style shall excel sny thing that has been before produced in this line. PRICES. For s Steel plate of four notes, . (1500 For s Copper plate of four notes, . . 2flO Printing, per 1000 impressions, . 25 Bonds for l«onn», with Coupons, Bills of Exchange, Drafts, &c. elegantly executed. jan 20-ldwOai DWELLING HOUSE IN GEORGETOWN TO BE LET FROM THE 4TH OF MARCH NEXT. One of the handsomest and most commodious Dwelling Houses in the District, with small gsr- ¦ den and stable, delightfully and healthfully situ¬ ated in Georgetown, about twenty minutes walk from the Depa^rnents. The House is in good condition, snd may be hndr with or without furniture.^fc^f m>w occupied by Senator FuImm, and is well known property of Mrs. y W. Williamson. For particulars, inquire of Mrs. Williamson, or at this office. jan 10-tf CHEAP THEOLOGICAu BOOKS-F. TAYLOR'S list continued. Milnor's Church History. 2 octavo volumes of 030 pa- ges each, full hound ; price for the aet, $3. Collyer's Lectures on Scripture Facts and Prophccy, 1 8vo volume, full liound, 360 pages ; SI 50. Homilies of the Church of England, 1 large 8vo vol. full bound, SI 25. Giesler's Text Book of Ecclesiastical History, trans¬ lated from the German by Cunningham, 3 vols 8vo. price 6 dollars. Hunter's Sacred Biography, 2 8vo volumes full bound, price S2. Luther's Sermons, 1 vol. !2mo. full bound, 204 pages, 37 cents. Calvin's Sermons, same size, 37 cents. Standard Theology, comprising, without abridgement, in one Hvo. volume; price 87 conts; Watson's Apology for the Bible, addreased to Paine ; Watson's Apology for Christianity, addressed to Gibbon ; Leslie's short and easy method w ith the Dei'ts; Dick on the Inspiration of the Scriptures; Jenyn's Internal Evidences of the Chris¬ tian Religion ; Historic Doubts relative to Napoleon Bo¬ naparte ; Mason's Conversation with a Young Traveler ; Lord Littleton on the conversion of the soul, and Robert Hall on the effect of Infidelity on Society, A large collection "of books of all sixes, at the same low average of price, is for sale by F. TAYLOR, of which the list will be continued in a subsequent adver¬ tisement. feb 8 ANCIENT FRAGMENTS.Just received, for sale by F. TAYLOR. The Phenix, a collection, in one volume, price 75 cents of old and rare Fragments, translated, containing the Mo¬ rals of Confucius ; the Oracles of Zoroaster; History of the Creat<on by Sanchomatho; the Voyages of Hanno round Africa five hundred years before Christ; King Hempsal's history of the African settlements ; Transla¬ tions from the Punic Books ; The Choice Sayings of Pub- lius Syrius, &c. &c. Plato on the Immortality of the Soul, Dacier's transla¬ tion, with a Life of Plato, by Fenelon, 1 volume, price 62 cents. Lempriere's Classical Dictionary, 1 volume, full liound of 432 closely printed pages ; price 75 cents. jan 8 IJHILLIP'S LECTURES on the History and Princi pies of Painting, in one volume Hvo. London. The Literary Works of Sir Joshua Reynolds, 2 vols. London, w ith portrait, memoir, &c. Calcott's Essays on the. History of Painting, 1 volume, London. Fnirland's Studies of the human figure Cooper's Draw¬ ing Book of animals ; Oxford Draw ing Book ; Sopwith's isometrical Drawing ; Brown's Principles of Perspective 1 4to volume; all published at London, are for sale by F. TAYLOR. Also, Thenot's Practical Perspective; Peale's Graph¬ ics ; Dimes Shades and Shadows; and a various collec¬ tion of valuable (looks connected with the same subject. jan 31 GHEAP BOOKS..Jefferson's Works, 4 8vovolumes, the Boston edition price S7. Spark's Life of Govemeur Morris, 3 vols 8vo. price S3, original price $7 50. Life of Arthur Lee, 2 vols, octavo, by Richard Henry Lee, Boston edition, price SI 25, published at S5 50. Sparks' Diplomatic Correspondence of the American Revolution, 12 volumes, S9, original price S18. The Pickwick Club complete, octavo siie, with very numerous engravings, price $1 75. Marryatt's Novels, ten in number, handsomely printed in two large octavo volumes, in frill binding, price S3. Life and Writings of John Jay, 2 large 8vo. volumes with portrait, price $2 50, published at ®<i. Letters of Junius, 2 vols in one, full binding, 62 cts. Botta's History of the Revolution, by Otis, 2 vols, large octavo, well printed and full bound with engravings, price S3, published at $G. Lady of the Manor, by Mrs. Sherwood, 7 vols, price S3 published at SI per vol. BUEL'S CULTIVATOR, published by the New York State Agricultural Society. Four years of the above periodical liound together, com¬ mencing with the first number, March, 1834, are for sale by F. TAYLOR, at a very low price. A few copies only received for sale. Subscriptions to the current and coming years receive ed by F. T. jan 8 LAWS OF THE UNITED STATES.The Con gressional edition, complete in eight volume*, law binding, a single copy in good order, is for sale by F. T AY- LOR; price30dollars. Also, a single copy of the Secret Journals of the Con¬ gress of the Confederation from its first meeting up to the time of its dissolution, in 4 octavo volumes. jan 8 KEITH'S Demonstration of the Truth of the Christian religion, by the auilior of the " Evidence of Prophe¬ cy," 1 volume, with numerous engravings. Is just published, for sale by jan 31 F TAYLOR. FOOLSCAP..F. TAYLOR has just opened a case of Cap Writing Paper, satin surface, white and blue, from a new manufactory just established at the North, winch excels in quality and finish any before brought to Washington. For sale at a reasonable price ; 40 reams only received. jan 26 FaC SIMILE OF GEN. WASHINGTON'S LET- TERS.(Engraved in London thirty-nine years ego) to Sir John Sinclair, Baronet, M. P. on Agricultural sub; jeets, in one thin quarto volume, engraved from the origi¬ nal in the British Musum. F. TAYLOR has this day received several copies of the aliove, the first and only edition, London, 1800, lie- licved to lie the only copies now to be found; price 4 dol¬ lars. jan 24 CC YCLOPEDIA OF HISTORY, both ancient and mo- J dcrn, lieing a copious and complete Historical Dic¬ tionary ; is just received for srle by F. TAYLOR, in one v*ry handsome volume of the small quarto size, 708 close¬ ly printed pages on fine paper in elegant binding, marble edges, with many engravings price S2 25. jan 21 TANNEHILL'S HISTORY OF LITERATURE from the earliest period up to the revival of Letters in the fifteenth century ; I octavo volume full hound ; price one dollar. Just received, for sale by F.TAYLOR. Also, Lectures on Dramatic Literature, translated from the German by John Black, 1 volume octavo, 454 pages ; price SI 25. St. Pierrcs Studies of Nature, 1 volume full bound, 400 pages ; price SI. jan 15 THE LAWS OF TRADE, considered in reference to the works of Internal Improvement in the United States. By Charles Ellet, Jr., Civil Engineer. 1 vol. Just published, is this day received, fur sale by jan 12 F.TAYLOR. Three years of the american sport- 1NG MAGAZINE, complete and hound in 3 vols, is for sale by F. TAYLOR; price 8 dollars for the whole; the usual price being f 1.1 unbound. jan 12 HISTORICAL TRAITS, and other papers, relating in the North American Colonies, from the discovery of the country up to 1776, collected by Peter Force, are just published and this day received, for aale bjr jan 12 F. TAYLOR, -i I PKKCIVAL'S wondebs of the world- Comprising the most remarkable cunoaities of nature. and art. By the Rev. E. C. Clarke, a new edition, erfite<i '<> James (J. Prrcival, in one ortavn volume of 024 pages, full liound handsomely, snd containing 85 illustrative en¬ gravings. Just received for sale by jan 12 F. TAYLOR. I THg Ilo.m y cJRH'Z *JS*,"" ^ swsssrff.q^SSJSE SS?^'i*!,S' er^fSisis and Minister PlcnlptMrtuiatr nl Grwi Hr> mn . .<L ,h« *»»**' «f U>« tiecrmryV m^Ttotkm JL ous'b^i I "9T"r.fr°* 'JJT* ioe*m.*»*>>* . IMWf- oos b.iiid of lawlewiaud dm<rr«u> i»r« ,lum. llie adjoining British ptu'lntm but without tit* . »- hority or unction of ihe Pr^mrj.i O^rml^ bad .re»p***d upon thai pori.oo uf tJ7,7r£I?ta disputebetween the UnitrdHiaten and Urrm Britain which is watered l»jr the river ArooMtook.MdcUiii-r.l to belong to the Htatr of Maine: and tCi2!rI2 committed extensive depredation* therv k* rwitaw and destroyinga very large i|u.intnjrof timber It viii further appear, thai the Govern.# of Main* havfe* been officially apprized of the circumrtaeee. ked communicated it to the L.ai«iaiur* .iiha r^JZT ."ih .SES already existing by law, aa would enable hu> iu » re*t the course of said depredation* dinpen* the trespassers, and secure the Umber wkieh Kw about carrying uwatr; that, inco»pli«T£|^I resolve of the Legislatuie^ passed pursuaMe of his recommendation, hi* Excellency had desmtehed the land agent of the State, with'. ' -Tri H adequate to that purpu*. to the veae of U»IKJ depredations who, after accomplishing a part of bu duty, was seized by a band of the trespasser* at a ihkhjS*h&,° ** T'lfl'S ,he J"«-iNdlclion of .M.iitip whither he had repaired for the purpose of meeting 'he,land a^'il Provincf Fr^tinn T ' !.' an^ cotm7«'d an a prisoner to r that Province, together with two ; 5 iT , f 8tate, who were assisting him in the discharge of his duty It will also appear that the Governor and LegMa- r aL'sfi.ed ,hat ,hc 'respa*ieM had act. fii tfie ,nws of both countries, learning that they were in possession of arma.and aniicipaiing (correct I v. as the result has proved) that persons of tneir reckless and desperate character would set at naught the authority of the magistrate*, without the aid ol a strong iorce, had authorized the sheriff and officers appointed to the place of the land agent, to employ, at the expense of the State, an armed p< «>e, who had proceeded to the scene of ihete depreda¬ tions, with a view to the entire dispersion or arrest of ^trespassers and the protection of the public pro- In the correspondence between the Governor of Maine and Sir John Harvey, Lieutenant Governor ol the Province of New Brunswick, which has grown out of these ocurrences, and is likewise herewith communicated, the former is requested to recall the armed party advanced into the disputed territory for the arrest ol trespasses*, and is inform¬ ed that a strong body of British troop* is to be held in readiness to support and protect the authority and subjects of Great Britain in said territory. In answer to that request, the Provincial Governor is informed of the determination of the State of Maine to support the land agent and his party in the performance of their duty, and the same determi¬ nation, for the execution ol which provision'is made by a resolution of the State Legislature, is commu¬ nicated by the Governor to the General Govern¬ ment. The Lieutenant Governor of New Brunswick in calling upon the Governor of Maine for the recall of the land agent and his party from the disputed territory, and the British Minister, in making a si¬ milar demand upon the Government of the United Slates, proceed upon the assumption that an agree¬ ment exists between the two nations conceding to Great Britain, until the final sfttlernent of the bound¬ ary question, exclusive possession of, and jurisdic¬ tion over, the territory in dispute, the important bearmg winch such an agreement, if it existed ni°Mi «"av®uPon.the condition and interests of the panies, and the influence it might have upon the adjustment of the dispute, are too obvious to allow he error upon which thin assumption seems to rest to pass for a moment without correction. The an¬ swer of the Secretary of State to Mr. Fox's note will show the ground taken by the Government of the United Stales upon this point. It is believed that all he correspondence which has passed between the two Governments upon this subject has already communicated to Congress, and is now on their files. An abstract of it, however, hastily pre- ^eiu( accompanies this communication. It fs pos- si le that in thus abridging a voluminous corres¬ pondence, commencing in 1825 and continuing to a y recent period, a portion may have been acci- - a,'y overlooked ; but it is believed that nothing icW, r e -,ch would ma'erially change the a. pect of the question as therein presented. Instead r0£n»ri« ,Kg, .ssumPlion ol the British func¬ tionaries, that correspondence disproves the exist¬ ence of any such agreement, shows that the two Governments have differed not only in regard to the main question of title to the territory in dispute i h fr:er.?rls0 ,0, lhe r*ht of jurisdiction and the fact of the actual excrcise of it in different portions thereof. Always aiming at an amicable adjustment of the dispute, both parties have enter¬ tained and repeatedly urged upon each other a desire SflrZ',km , e.xer.c,se its rigbts, whatever it con- sidered them to b?, in such a manner as to avoid collision, and allay to the greatest practicable extent the excitement likely to grow out of the controversy MSnVHn5,,MUanceu0f SUCh an understanding thai Maine and Massachusetts, upon the remonstrance of Great Britain, desisted from making sales of lands, and the General Government from the con¬ struction of a projected military road in a portion of the territory of which they claimed to have enjoyed h/rnnr ?0ssessioD i and 'hat Great Britain, on ih- ^l?rence 10 aJsil?i'ar remonstrance from the United States, suspended the issue of licenses to cut timber in the territory in controversy, and also the survey and location of a railroad through a seV- lion of country over which she also claidSfto £ exercised exclusive jurisdiction. The State of Maine had a right to arrest the depre¬ dations complained of; it belonged to her to judge of the exigency of lhe occasion cal ing for her inter¬ ference; and it Is presumed that had the Lieutenant Governor of New Brunswick been correctly adv.s- ed of the nature of the proceedings of the State of Maine, he would noi have regarded the transaction as requiring, on his part, any resort to force. Each party claiming a right lo the territory, and hence to the exclusive jurisdiction over it, it is manifest that to prevent the destruction of the timber by tresspass¬ ers, acting against the authority of both, and at the same lime avoid forcible collision between the con¬ tiguous Governments during the pendency of nego¬ tiations concerning the title, resort must be had to the mutual exercise of jurisdiction in such extreme cases, or to an amicable and temporaryarrangement as to the limits within which it should be exercised by each party. The understanding supposed to ex¬ ist between the United Stales and Great Britain has been found heretofore sufficient for that purpose, and I believe will prove so liereafirr, if the parties on the frontier, directly interested in the question are respectively governed by a just spirit of conciliation and forbearance. If it shall be. found, as there is now reason to apprehend, that there is, in lhe modes of construing that understanding bv the IwoGovern- ments, a difference not to be reconciled, I shall nol hesitate to propose to her Britanic Majesty's Govern¬ ment a distinct arrangement for the temporary and mutual exercise of jurisdiction by means of which similar difficulties may in future be prevented. But between an effort on the pari of Maine to pre¬ serve the property in dispute from destruction by in¬ truders, and a military occupatien by that State of the territory, with a view to hold it by force, while the settlement is a subject of negotiation between the two Governments, there is an essential difference, as well in respect to the position of the State, as to the iliiticsof the General Government. In a letter ad¬ dressed by the Secretary of State to the Governor of a >(,n 'he 1st of March last, giving a detailed s airment of the steps which had been taken bv the Federal Government to bring the controversy to a 7r,a;ulLrtes,Pned apprize the Governor f that State of the views of the Federal Executive in respect to the future, it was stated, that while the bligations of the Federal Government to do all in its power to effect the settlement of the bonndarv question were fully recognized, it had, in the event of being unable to do so specifically, by mutual consent, ik°« k-r me?ns to "ccomf,lish ,hal obJect amicably, than by another arbitration, or by a commission with an umpire in the nature of an arbitration; and that, in the evtnt of all other measures failing, the Pre- « dent would feci it his duty to submit another propo¬ sition Co the Government of Great Britain, to refer mi »W q.rHiia la . third Power.. vtowr* m I he aufaprct, nd wall I itNa mm itail linkM uin, I «»»»«. tklak ii pro M I* MniM A* MHtitai of (X m to tar«k* iW thmm l m of (\>|rm io oihrr Iltin awi< ak.« .»«*» for ik« mmUmmM of the r,>n ih*ar*f,*» to a«»alfca»m»anrpw«rrraf tka Federal (Iwwmmh la to kr»tk« ». aid of lha Hum of Mato* M to rfcci ikat «I|MI by a re- "Tto° ikTInkar kaad, M ika iwhfkie. of New Rraaawkk .h> n?d atra»|< «« aatorrr Ik* claim of esrtw.lv. jortadintoa art ap kjr tka» toumaans of Military ifjrtia aa «k> tr port of tft disputed wtrto*?, I ikati fert tod »o e«*«kkr the toMtaiwr p**Mo4 kr »kr Ca»rfk«*j at having imrtH .. »k* ka*»atof of arklek a Mate ka» ike r%M loeall tor toa aid of lha W««i Owrernineat I k»» r ipmard to iko KritM Minister near thi* <t.*«-r»aMM a naMwl oaprotottan thai iko agents oI ike Mato of Mato*, who hare fcaea arrested aader aa ak«i«a» MayyrihanMua af ike it)ia of ikrir Mtawioa, ai l to pruMply r*lea»*d j aad to ike Go¬ vernor ol Maine, that a tnatlar nanr will fee Mr- »aad to rmH u> tha afraaul ika province of Now Hruu*wica I have ato»ree. aaniW tkai aay ni- Ikkp ikat mmy kara kara kroafht together by Ike Mate of Malar, (torn aa apfwahraato* uf a colli*- toa vHk ike OuvenMBaat or profto of ike Hrfel»h Province, will kr Volaatartljr and pearrably du toadrd. Icaonoi allow myself 10 doakt tkai ike rasait* anti¬ cipated from ik«--e reprrwatatioa* will ka Maaoaa kljr rraiKed Tka pa rite* more Immediately Inie rested caanot km peraoire Ikat aa appeal to araaa, under exirtlag eircumetaeces. will a<* ualy prvre fatal to Ikeir prvaral latere**, km woald postpone, If act defeat, tke attainment of ike mala otoecu which they have ia rlear Tka rerjr incident* whick karr re- reoily occarred will oecevarily a wakea the Govern¬ ment* lo ike importaaeeofpromptly adjustinga dlv putcby wkiek it H aow made laanifnl ikai ike peace of lhalwo aai ioa> 1* daily and immiaeniW endanger- ed. Tbiaeipertaiion is further warranted ky Ike gene¬ ral forbearance which ban hhherto character!ted Ike conduct of the Government and people on both sides of ibe line. In the uniform pairioiiom »l Maine, bar attachment to tka Union, her respect for the winhes of the people of ker sister Hi air*, ot a hoae interest in her welfare khe cannot be ancouacioas, and in the Micitada fell ky ibe country at large for the preservation of peace with our neighbor*, we have a strong guarantee that *ke will au diarcgard toe^rnaut thai hast been made of her. As, however, the aew>iun ol Cong reus i* akout to terminate, and ike agency of the tUccutive may be- a>me necexaary during the recem, it ia important that the attention ol the LegiMamie should bo drawn tu tbe consideration ol Mich uifaturn iimy be (Slrulated to obviate the necessity of a call lor an citra session. With that view, I have thought it my doty to lay the whole matter before you, and to In vite rtich action thctcon you may think the occa sou requires. M VAN BUREN. Washington, February fit!, 1KI9. The Menage and Documents were referretl to the Commltiee on Foreign Relations. PREFATORY REMARKS OF TIIE COMMITTEES REPORT. The Select Committee, chosen by the House of Representatives on the 17th and l!)ifi ultimo, to in¬ vestigate the dtfalcations of Samuel Swart wout. late collector of the customs at the port ol New York, and of other officers, have devoted to the faithful discharge of the duties assigned them the limited time allowed foi the purpose by the shortness of the present session of Congress. It was most obvious, however, that the whole field of inquiry presented by the resolution appointing the Cominiitee, could not be properly traversed to report thereon, either satisfactorily to the country or to the Committee, during the snort remainder ol the present Congress. This impressed upon the Committee at once n resolution, which has been rigidly adhered to, of limiting the investigation to such branches of the subjects referred to them as had most deeply excited public anxiety and alarm, and to undertake only so much of these ns might be thoroughly exhausted within the allotted period of the Committee's researches. But the important re¬ sults which have been attained, notwithstanding the disadvantages adverted to, cannot fail to inspire the country with a confident hope, that the high t bliga- tion which will rest upon the successors of the pre¬ sent Congress in the Legislature of the nation, to resume and complete the great work of investiga¬ tion and reform of the alarming condition and abuses of the Executive departments of the Government, from the highest to the lowest, and from the nearest to the remotest functionaries, will engage the prompt and efficient attention which its magnitude demands. Guided solely by the character of the develop¬ ment which the investigation imposed upon them by the House has elucidated, the Committee cannot resist the conviction, that at no period in the history of the Federal Government has there been deeper or better founded cause than exists at the present moment, for every patriot heart to desire a prompt consummation of ihat signal "Uisk of rtform" irkich public sentiment many years since inscribed an the list of Executive duties, in characters too legible to be over¬ looked, requiring, " particularly the correction of those abuses that have brought the patronage of the Federal Government into conflict with the freedom of elections, and the counteraction of those causes which have disturbed the rightful course of appoint¬ ment, nud have placed or continued power in un¬ faithful or incompetent hands."* The first procedure of the Committee, after or¬ ganizing itself for business, was to visit the city of New York, to inspect there, in person, the original records and papers of the custom house, in conjunc¬ tion with the examination of such witnesses as might be supposed capable of shedding light upon the in¬ quiry involved by the defalcations of Mr. Swart- wout. Thenceforward this branch of the investiga¬ tion was conducted pursuant to the resolution of the House, viz: to ascertain "the causes and extent" of those defalcations; the length of time they have ex¬ isted ; the correctness of the returns which have been made by Mr. Swartwout, and by the naval of¬ ficer at New York, and by other officers connected with the adjustment of his accounts. Concurrently with the investigation of Mr. Swan woul's defalcations, those of William M. Price, lale district attorney in New York, were likewise kept in view; and the fullest practicable extent of information respecting them has been i b- tained, and will be adverted to in the sequel of this report. The correctness of the returns which have been made bytheprcsentcollectorof customsandlhe naval officer at the port of New York, was also sought to be examined bv the Committee w hile in that city. "Con¬ sidering that the customs collected at New York equal nearly two-thirds of the whole amount in all the United States," as stated in the special report of the Secretary o( the Treasury on Mr. Swart wont's defalcations, (House document 13, p. C, of the pre¬ sent session,) the Committee did notsupposethat ihev should faithfully discharge their duly to the House, or pay a proper deference to that patriotic distrust which pervades the country at the present time in regard to the affairs of the custom house at New York, were they to limit their inquiries to the re¬ turns of the late collector and naval officer, and ne¬ glect entirely those of their successors, which must, af all times, be to the country of equal interest with the former, and, at the present lime, of even more immediate importance to the security ofthe national Treasury. But, in the execution of' so much of this part of their inquiries ns related to the present col¬ lector of New York, they were compelled to encoun¬ ter most unexpected obs acles, interposed by the col¬ lector himself, aud setting at defiance the authority delegated to the Committee by the House. The facts connected with the battled endeavors of the Committee to obtain information for the House and country from this officer of the Executive branch of the Government, who is in immediate chargcof and control over public moneys that " equal nearly two- thirds of the whole amount" collected from customs " in alt the United States," will be more specially de¬ tailed in a subsequent portion of this report. The Committee will remark here, that, in the onset of the investigation they have made, they sup¬ posed it both proper and safe to place themselves somewhat confidently under the guidance of the se- veral special reports which have been made to the House upon the subject of Mr. Swartwout's defalca¬ tions, bv the Treasury officers, previous to the ap pointment of the Committee.combining, in this view, reports from the Secretary of the Treasury, the First Comptroller, the Solicitor, and First Aii- dilorof the Treasury,as exhibited in House document * Inaugural address of President Jackson, March 4, 18*». 13. Ii, however, vcryaoon became evident that those report* were not to be implicitly relied on as auxilia¬ ries in finding out either the law or the (acts of the ease: and that, on the contrary, they furnished but an oblique view of both the causes and duratiou of Mr. 8wartwout's defalcation.*, as also of the law and many material facts which develop the true character of those defalcations. Of necessity, there- I fore, these reports, although emanating from the highest orders ol official functionaries employed in lh« collection end disbursement of the public teve- noes, became the subjects of as cautious and critical examination a* any other portions of evidence which the case presented, and as such it will be obligatory upou the Committee to lieal them in this report. In reviewing the details of their labor.*, so that the progress ami results ol tbetn may be presented in the simplest form, the Committee propose to con¬ sider. Psarl. The defacations of Mr. Swartwout. Past II. The defalcation* of Mr. Price. Pabt III. The correctness of the return* which have been mad* by the present collector sod naval officer of ih* port of New York, respectively. Psbt IV. The defalcation* among receiver* of the public money. Paar V. The (set* connected with the foregoing de¬ falcation*, and deemed material to develop their true character. Each of the division* thu* proposed will properly in¬ volve the law appertaining to it, a* the appropriate *d« junct of it* fact*. And a* the lavage of the law iiaetf will in each instance be cited in detafl, that its au¬ thority and injunction may be correctly onderatood by ovary one, *o the language of the individual teatimony relied on in each instance will be adduced, that its im¬ port and fore* may he left neither to uncertain construc¬ tion or doubtful inference. Tlie increased fidelity of their report, in the eetiination of the Committee, will be, by this mode, sn ample offset to ita consequent enlarge¬ ment Bcforepioceeding to the general topic* of thi* report, a* al.csdy laid down, it m*y be proper here to express the deep aei.ee of diaappointment and regret whicn the Committee feel, in not being able to communicate to the House one document that waa called for at an early day, regarded s* having an important and interesting influ¬ ence upon the judgment which the Home might form on the subject of defalcation* among public officers, and the cause* which have led to their multiplication. It will !.* perceived from the following letter, that the Commit¬ tee availed itself of the earliest period after their organ- nation to make a call upon the Preaident to furuiali a list of the defalcation* that have taken place among col¬ lector*, receivers, snd disbursing officers of public mo- r.ev. and other public officers, since the 4th of March, 1U29, showing the amount of each, dtc. More than tour weeks hsve now elapsed since that call waa made upon the President, snd the only infor¬ mation winch the Committee haa obtained to refiort up¬ on to the liooae is contsmed in the following letter ; the distinguishing festure of which information is, that still more time than even the whole remainder of the session will Lo requisite to snswer the call. From thia the Committee are compelled reluctantly to infer, either. lat. That the accounts and recorde of the aeversl De¬ partments, in general, are so incomplete and defective as not to exhibit, without great labor and delay, the true r< lationa of collectora,receiver*and disburse. of the pub¬ lic money, and of other officer* of the Government, as to distinguish debtor* from defaulters, and creditors from both. 2dly. That the number of the defaulter* have multi- pin d so rapidly since 1839, under theayatem of accoun¬ tability pursued toward* collector*, receiver*, and dis¬ burse ra of the public money, and other officers, aa to preclude the practicability of receiving sn account cur¬ rent of thrir defalcations with all the clerical force at the command of those Departments, under existing lawa and appropriationa. If either inference be juat, (and none other of equal weight aecrns to be fairly deducible from the letter of the Secretary of the Treasury.) it manifest* a laxity of ad¬ ministration which demsnds the earliest application of suitable remedies within the reach of Congress and of the country. For the papers No*. 1 and 3, referred to in the sub¬ joined latter, reference is respectfully msde to the jour¬ nal of the committee, p. 470 and onward. Treasury Department, Feb 18, 1839. Si* The Preaident, on the 23d ultimo, referred to thi* Department the following resolution passed by the Investigsting Committee: " Ketolvid, That the President of the United States be requested to cause this committee to be furnished by the proper Executive Department with a table showing the defalcationa which have occurred among the collec¬ tors, receivers, and disbursers of the public money, snd other public officers, since the 4th day of March, 1829 ; the names of the defaulters ; the amount of each defal¬ cation ; when each case occurred; the length of time asch case has existed ; what atep* have been taken by the proper department* or officer* to proaecute the de¬ faulters snd to aeenre the United States, In each case ; and what defaulter* are retained ir. the same offices in which thev became defaultera, or have been appointed to other officea " He accompanied it with a reqneat that ail the infor¬ mation desired should be procured a* early as practica¬ ble, and submitted by me lo the committee. Accord¬ ingly, on the same day, I enclosed copies of it to the other Departments, and alao to the proper bureaus in the Treasury Department, and denrea that replies might be furnisheo, so fsr a* in their power, and soon as in their power, to the several inquiriea made. I further requested the bureaus connected with this Department to employ any extra assistance that could ite advantage- oualy applied in haatcning their anawera. I would now inform the committee that (Treat propresa haa been made in respect to those part* of the aniwers connected with tho Hegiater'* office, and all which could be made, conaiatent with the difficulty and extent of the labor, in the Third Auditor'a office. But it i* feared that, on account of thi* labor, and the great ma** of previous calla by eommitteea and by the two House* of Congress, which are alao to he answered, bende* transacting the current business in the different bureaus, the whole details and tho tabular statement required cannot be completed during the session. Eve¬ ry effort, however, winch, under *11 the circumstance*, can be made, ia believed to be exerted to meet the call at tie earliest dav practicable. In reaped to the la*t branch of the resolution, asking " what defaulter* are retained in the **me office* in which they became defaulters, or have been appointed to other offices." I am able to preeent the report of the Kegister, from hi* r<Acf, which exhilrit* such name* a* arc on hia hook* connected with the State and Treasuiy Departments. It ia annexed, and contain* no name a* to thia, and but one aa to the State Department. That one is Commodore D Porter , arid by the correspond¬ ence anneaed. it will seen that he does not consider himself a defaulter, though h* stands charged on the Register'* books for a considerable sum on account of prixe money, as explained in the papera (Nos I and 2.) K*aa>acifuHv, LEVI WOODBURI*. Secretary of the Treasury Hon. James lUai.tN, Vkati man of Inmti gating Cammnut. r**T I-THE DEFALCATIONS OF MR SWARTWOUT 1. tub xxrtffT or mb. swsbtwoi i'* ntrsLrtnoM* Cvnrlujimi* ./ ikt Committer 1st That Mr Swartwout ia a defaulter to gotwment aa appeara by hia ownielum*. as adjutud from time to tune at the Treasury Depaitm»nt, in tb» sum of one million two hundred and twent* fi«e thousand aoran hundred and five dtdlara and uaty-ntne cents. 2d. That thi* amount of il.drbledns.. hss »rr ino- latid upon the face of the quarterly accounts rvgnisily returned by him for adjustment at the 1 reasury De¬ partment, without the omission «f any <*t eiltoer item*. debit or credit thtieon, until it became ." ah*oiut* lit - falcatum. 2. thk Dt'BaTtoN «»r am sw*BTworr'» iwrafccaVMm. CMthmmi»( t*r * tmmUtm. 1st. That ail monet - received by Mr. Swartwovi collector prior to r.guUrly *. eoonted for by him in hi* quarterly rctsraa Ut tb« Treasury Department. £|. That *o much of all mooey* refriv. d by Mr Bwartwom prior to IKIT, and accunird fur lo tbe Treasury Department in hi* qnarerlt mat;.', ¦* were not paid by him Int . the Trn^ury, a e rr re t,lined by him tinder thi? tacit acquiescence of ihe accounting olttri «»f th* Treaaurv ; and rero'arty carried forward, debited to bimaelf, la ikr baton** of each subsequent qnarterlv Mm*ftt 11 ad»r*d hf him lo the Treasury l>epnnment tho cloa* «l ibo ^ lernvofJ>is^>®cf. 3d. Tbat hi* omianiou to carry a debit to kiniell of the moneys received by him from the Treasury, or from other sources, prior to 1837, to the clone oi accounts kept onlv at the custom house, called his cask accounts, and his carrying a debit to himself of any soch items to MOV other class ot accounta kept outv at the cuUomkoute, called tutytnu and unsettled accounts, or by any other name, would not operate as a concealment, innocent or fraudulent, from the Treasury Department, of the true cuik balance in * bis hands. First, because neither his cash account .tior his suspense and unsettled account, nor any other subordinate account, kept at the coatom-house, was ever exhibited to, or formed the basis of any quarterly settlement made by him with the account¬ ing officers of the Treasury. Secondly, because in his quarterly accounts settled at the Treasury De¬ partment, the aggregate and true balance oI all his subordinate accounts kept at the custom-house, in¬ cluding both his cash account and suspense account, was uniformly, prior to 1837, carried into hia quar¬ terly account under the item of " cask, and unseltUd accounts." 4th. That the defalcations of Mr. Swartwout, by meaus of fraud and false returns, commenced in 1837, and not sooner, and have existed since that pe¬ riod ; and the defalcations thus acct uing, added to moneys previously retained by hlrn, according to his returns to the Treasury Department, and by the silent acquiescence of the officers of that Depart¬ ment until the close of his term of office, constitute the aggregate of his defalcations at the present pe¬ riod. 3. TIIE CAUSES OP MR. aWABTWOUT's DEFALCATION. Causk I. Th*irresponslbility of Mr. Swartwout in pecuniary character at the time of his appoint¬ ment to office. Conclusions of the Committee. 1st. That nt the time of Mr. Swartwout's appoint¬ ment, and of his reappointment to office, he was wholly irresponsible in pecuniary reputation, and was Involved in debt. Sd. That at the time of his appointment and of his reappointment, and for the whole period he was in oltice, he was notoriously engaged in large and hazardous speculations, and deeply embarrassed by them. ,, , 3d. That his pecuniary responsibility and conse¬ quent involvements by hazardous speculations, con¬ stitute one of the primary causes of his defalcations to the Government. , , . Cause II. Culpable disregard of law, and neglect of official duty, by the lale naval officer at New York. Conclusions of I've Committee. 1st. That the late naval officer at the port of New York, throughout the term of his set vice, from 1829 to 1838, wholly disregarded the requirements of law prescribing the duties of his office. 2d. That said naval officer, for the same period, wholly disregarded the instructions of the Comp¬ troller of the Treasury of November 10, 1821. 3d. That said naval officer by so disregarding the requirements of law and the instructions of ie Treasury Department, culpably neglected to keep the accounts and records appertaining to his ottice, and thereby rendered the office nugatory as a cnecK on the »ecounts ol the collector. 4th. That if the duties of said naval officer, as authorized and directed by existing laws, had been executed with proper care and vigilance, they would have rendered it impracticable for any fraud or error in any of the accounts of the collector of said port to escape immediate detection. 5th. That the culpable disregard of the plain re¬ quirements of law and of Treasury instructions pre¬ scribing the duties of naval officers, hv naval oflicer, and his continued neglect of official duty, is a primary cause of the immense defalcations ol the late collector of New York. Cause III. Culpable disregard of law ami neglect of official duty by the First Auditor of the Treasury. Conclusions of the Committee. 1st. That the First Auditor of the Tressury has been guilty of culpable disregard of law, snd neglect of duty, in examining and certifying the correctness of the accounts of the late collector at New York without having compared them thoroughly with the vouchers accompanying the same ; and also in transmitting said accounta to the First Comptroller, certified, for revision, whilo the mojt important vouchera therefor were re¬ tained in his own office. ...... 2d That no fraud prtctiiftd by the said collector in hit weekly returna of caah to the Secretary of the Trea¬ sury could affect the just and true settlement of the ac¬ counta of said collector at the Auditors gjjkfojs said weekly returna form no part of the basis oT the settle¬ ment of aaid quarterly accounts by the Auditor: and therefore furnish no apology for the neglect of the Au¬ ditor to examine the same thoroughly. , 3d That, without the aid of the regiater of bond ac¬ counts of collectors, required by law and 1 reasury cir¬ cular to be kept by the Auditor, to enable him to detect frauds and defalcations, if any exiat, the said Auditor could have thoroughly examined said Swartwout s quar¬ terly accounts during any quarter said Auditor has been in office, inasmuch as the original quarterly accounts were retained, against law, in hia office, and furnish¬ ed the same meana of comparison as a register would have furnished. , 4th. Tlist, in the culpable disregard of law and ne¬ glect of duty, as aforesaid, by said Auditor, is found & primary cause why the defalcations of said Swartwout in 1837, and subsequently, escaped early detection, and have resulted in the probable loss of the public trca- ,1Caus« IV. Culpable diaregard of law and neglect of duty by the lato and present Comptrollers of the 1 rea¬ sury. Conclusions of the Committee. 1st. That the late Comptroller of the Treasury, George Wolf, Esq , now collector of the port of Phila¬ delphia, was guilty, while in aaid office of Comptroller, of culpable disregard of law and neglect of duty, both in regard to the bonds of collectors filed in his office, and the records thereof required by law, and in settling and certifying to the Register the accounts of Samuel Swartwout, late collector, without having transmuted to him the vouchers therefor required by positive m- J '2 l'°Thst the present Comptroller of the Treasury has been guilty-of culpable disregard of law and ne¬ glect of duty in settling and certifying to the Register the quarterly accounts of Samuel Swartwout, late col¬ lector, without having transmitted to him the vouchers therefor required by positive injunction of law. 3d. Tlist said Comptroller is also guilty of culpable disregard of law and neglect of duty.1st In not hav¬ ing sought and sscertained from the "invoices and ap¬ praisements" st the custom-house, either through the Solicitor of the Treasury of otherwise, the true ornoont of Swartwout's clsim upon the 8201,000. retained by hiin in going out of office, as suggested in the letter o the district attorney that was before him, dated April 2!S 1838 2dly, In not causing the accounts of said Swartwout to be forthwith stated, or instituting mca- aures therefor, immediately on the neglect of said Swartwout to return atid settle his accounts at the ex- ptralion of the time allowed him by law for^ that pur¬ pose, to wit: in the early part of July, 1838. 3dly. In continuing the same neglect, and foibcaring to issue warrants of distress against said Swartwout and his sureties from the 3Wt of August, 1838, when apprized hv the letter of the F.rst Auditor that ssid sccounts still re,named untitled, until the month of Novembel, when the detection of Swartwout's Isrger defalcstion was communicated from New York. 4ih 'ITiat the administration of it is marked with such sijnsl inefficiency. ss well as neglect of duty, as rmd.r nugstorv many of the most important checks upon the First Auditor, snd collectors, receivers, snd disburse** of the public moneys, which the laws creating and regulating lie duties contemplated, and have aum- eienl'v provided. ... ., . , Aih Thst. in said disregard of Isw snd neglect of duty by the said Comptrollers, snd inefficiency of the i.lTut as now administered, is to be found a primsry cause of the immense defalcations of the Iste collector (i the port ol New York, snd consequent loss of pub- Cai s* V The discontinusi.ee of the use of bsnks as d.poeHori. a of ibe public moneya, and permitting it* same to accumulate in the bands of Mr. Swsrt- Carsa VI Tbe negligence snd failure of the Secre¬ tary of ibe Treaeory to discbarge k* doty. ss ie of tbe Treaaary Department. ..barged '-y l«« «"¦» eupertotr* deaca of Vhe co»le.no.. of the revenue. fW/a*ume of Me Comment. Iss That .< late veers, important hooka of records, .*e**e" T* " " foHertoes of customs, weekly, oZmm* aJ" "anerlf. he" P-."^ K> fall into * *T |\r|.»rmicn«B of ibe Secretary of the Trea- ** m' lhrrr4. rvtwfrr negatory manv af the eaeen- ' j,, ftir dofalratiooe of tbalclaeaof officers 'Tin 'be elisting laweard Treaaury regulations *"2* Tw j-jbjsnn aid failure of tbe Secretary of tbe «. .». rv M discharge bia doty, aa tbe hee<l ol the IWparuarat, charged by law smbthe soper.n- mt ike (oMaetioaaf the retoaae, and hia want of a tarred apawriatMi af the befare named recorda tSe sapee...lsa*ones af the collectwa of the public ^aaoaTUd tbe ces^»e«t neglect to continue snd
Transcript
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English Book* imported to ordar.

MARSHALL'S LIKE OK WASHINGTON, abridg-rd by the aulhor for the use of School*, in one vol.

Bj*. pVivLOH""^ITe AMERICAN JURIST, for January, 1839, iathis day received by F. TAYLOR, who will furniah

the work regularly to subscriber*K T also receives aubscription* for the Law Library,

and will forward either, strongly enveloped to any part of

Smith's Chancery Practice ; Leigh'* Ni«i Priu* ; Kenne's Blackatone. are juat .received, and all other LawBook* are received a* *0011 a* published^On hand a well selected collection of standard LawBook*, for sale in all caae* at the lowest Philadelphia prl

English Law and other Book*, imported to order fromLondon. >»" 24

TO TEACHERS.At a meeting. Dec. 13, in the Halof Repreientatine*, the following resolution wa*

unanimously passed:Resolved, That we consider the work called "Town's

Spelling Book" of the lMghe«t importance to the cause ofeducation, and do earnestly recommend it* use in all our"

It has been adopted by the State of New York and bythe leading achools of New England. The great pecu¬liarity of this Spelling Book is, the child learns themeaning of the word, While it learns to spell it. This isa point of great moment.

For sale by F. TAYLOR, Washington, who haa alsofor sale "The District School or National Education,by J. Orville Taylor, and " The Farmera School Bookbv the same author.

New NOVEL.." Eoncguski," or th« CherokeeChief, a tale of past wars, by an American, is just

published, for sale by F. TAYLOR, or for circuit ion

among the subscriber* to the Waverly Circulating Libra¬ry. e

Rambles in europe, t.y F.m»> w Hail, in avolume*, being a Tour through France. Italy. Swit¬

zerland. Great Britain, and Ireland in 1836, i volumes,just published, are this day received, for

Or for circulation among the subscriber* to the WaverlyCirculating Library. 1

WAVKKLT ClHCPIiATIHO LIBHABY

IMMEDIATELY Ea*t of Gad»by'* Hotel, Pennsylva¬nia Avenue.is regularly supplied with « **an^*T "/copies of every new work, (novels and others,) immediately

upon publication, the Magazines, &c. <Vc.Terms Fivo dollar* per annum, or one dollar tor a

.ingle month. Ja" 10

North American Trust and Hanking Company,No. 20 Wall Street, New Fork.

CAPITAL, S50.000.000.This Institution ha* been organized under the General

Banking Law of the State of New York. It* Capital is

Fifty Millions of Dollars.Two Millions of which hasbeen subscribed.

It has limited its capital for five years to Ten Millionsof Dollars, one half of which is to lie secured on bondsand mortgages of fee simple real estate, and the otherhalf in cash or public stocks.The Company issues its Stock for cash, Slnte Mocks,

or Bonds secured by Mortgage, on unincumbered RealEstate. Applications to be addressed to the Second^ *The terms upon which this Company make their ar¬

rangements are as liberal as those of any Corporation inthe State.

OFFICERS.JOSEPH'D. BEERS, Piesident.JOHN LORIMER GRAHAM, Counsellor.WALTER MEAD, Cashier.DANIEL E. TYLEE, Second Cashier.WILLIAM P. POWERS, Notary.

directors.Joseph D. Beer*. Peter Stuyvesant,Thomas E. Davis, Anson G Phelps,George D. Strong, Thomas L. Servoss,John R. Peters, John L. Graham,Robert Dyson, William P. Halle".Jonathan Trotter, Valentine G. Hall,,Charles Hwt, William Stebbins,James B. Murray, Henry H. Leeds,Henry H. Elliott, Gilbert Allen.Obadiah Holmes, Thomas G.Talmaje,Daniel E. Tylce, Courtlandt Palmer.Henry Yates,

Sheldon Thompson, Erie County.Samuel Wilkeson, Erie County.Washington Hunt, Niagara County.David E. Evans, Genesee County.William K. Strong, Ontario County.William M. Oliver, Yates County.Samuel D.' Walker, Baltimore..lames Erwin, New Orleans.

nov l0-(iin

THE WEEKLY MAD1SONIAN, durino thrcom-IM3 sksnion or Congress..The Weekly edition

of the Madisonian, during the approaching session ofCongress, will contain a condensed abstract of all theproceedings of both Houses, and substantial reports ofthe leading speeches on questions of general interest fromthe speakers of every p'irty. and will lie furnished tosubscribers for FIFTY CENTS for the session.Persons at a distance desiring the paper can either

transmit by the member of Congress for their District, ortwo or more uniting together can *end by mail. Orderswill not be attended to unless payment in every ca*e liemade in advance, and letters will not lie taken from theoffice unless the postage is paid.The price of the tri-wcekly edition of the paper for the

session is 81 50.nov lotf THOMAS ALLEN.

TVTKW BOOKS..The Heir of Sellwood, a novel byIN Mrs. Gore, author of Pin Money, &c. &c. and FourYearn' Residence in Paraguay, under the government ofKraneia, by the Messrs. Robertson, are both just publish¬ed anil this day received, for sale by F. TAYLOR, or forcirculation (together w ith all other late work*)tothe sub-criWr« nu\.. Waverly Circulating Library, immediatelyE.iit id (.ndsby'n Hotel.Also, Ali\ir» Vernon,by Miss Leslie, author of PencilSketches, 1 vol.

Mary Raymond, hv Mrs. Gore, author of Mother* andDaughter*, iVc, for sale and circulation as above, dec 8

Ii^TIQl FT I E, or rules and reflections fjr conduct inJ society, by a uentleman.I vol Ml centsAlso, Madame Celnarfs " lWk of Polilenew" dedi¬cated to the youth of both sexes, price 50 cents29 K.TAYLOR.OOUVENIRS, ILLUSTRATED BOOKS, dee..Ak 7 great variety of Souvenirs, English and American,all that are yet published for the coming year, are for saleby F. T xYLOTR, and several new ones daily expected.Juvenile Souvenir* Bnd Juvenile Hooks| IllustratedBooks of Travel* and Book* of Engraving* in gieat va¬riety, books in elegant binding, ornamental and illustratedand miniature edition* of'every variety of celebrity; allat nnu*u.tlly low price*, at hi* bookstore, immediatelyEast of Gadsby'* Hotel. jun 1

History of the extra sEssioN-Em.bracing a faithful alwtract of the Currency debatesand accurate table* of the yeas and nay* on every impor¬tant measure, in pamphlet form ; price 25 cent*,fcb* F.TAYLOR.

THE MADISONIAN.VOL It.NO. 67. Ctl 9, 1839. WHOLE NO. 806.

DURAN1) & CO.BASK NOTE KMUHAVSRt,

No. 2G Wall. miicrr, New Yoa«,INFORM the Banking Institutions of ihe United 8t*lN,

that tkey have organised an establishment new andcomplut* in alt its department*, fur the purpose of carry¬ing on the above buaineaa. Their long experience, andtheir reputation aa inventor* or jperfectora ol the great im¬provements which have taken place in Bank note engrav¬ing, will, they truat, be a sufficient guaranty for the aup«-rior and elegant execution of ordera entrusted to theircare.Their die, or machine work, the greatest preventive ofcounterfeiting, ia entirely new ana oruinal in its style,made expressly for this firm from a machine constructed

by C. Duraud. who haa devoted twenty years attention tothe subject. For beauty of execution, variety and rich-lies* of effect, '.bey pledge themselves that the new styleshall excel sny thing that has been before produced in thisline.

PRICES.For s Steel plate of four notes, . (1500For s Copper plate of four notes, . . 2flOPrinting, per 1000 impressions, . 25

Bonds for l«onn», with Coupons, Bills of Exchange,Drafts, &c. elegantly executed. jan 20-ldwOai

DWELLING HOUSE IN GEORGETOWN TO BELET FROM THE 4TH OF MARCH NEXT.

One of the handsomest and most commodiousDwelling Houses in the District, with small gsr-

¦den and stable, delightfully and healthfully situ¬ated in Georgetown, about twenty minutes walk from theDepa^rnents. The House is in good condition, snd maybe hndr with or without furniture.^fc^f m>w occupied bySenator FuImm, and is well known property ofMrs. y W. Williamson. For particulars, inquire of Mrs.Williamson, or at this office. jan 10-tf

CHEAP THEOLOGICAu BOOKS-F. TAYLOR'Slist continued.

Milnor's Church History. 2 octavo volumes of 030 pa-ges each, full hound ; price for the aet, $3.

Collyer's Lectures on Scripture Facts and Prophccy,1 8vo volume, full liound, 360 pages ; SI 50.

Homilies of the Church of England, 1 large 8vo vol.full bound, SI 25.

Giesler's Text Book of Ecclesiastical History, trans¬lated from the German by Cunningham, 3 vols 8vo. price6 dollars.

Hunter's Sacred Biography, 2 8vo volumes full bound,price S2.

Luther's Sermons, 1 vol. !2mo. full bound, 204 pages,37 cents.

Calvin's Sermons, same size, 37 cents.Standard Theology, comprising, without abridgement,

in one Hvo. volume; price 87 conts; Watson's Apologyfor the Bible, addreased to Paine ; Watson's Apology forChristianity, addressed to Gibbon ; Leslie's short andeasy method w ith the Dei'ts; Dick on the Inspiration ofthe Scriptures; Jenyn's Internal Evidences of the Chris¬tian Religion ; Historic Doubts relative to Napoleon Bo¬naparte ; Mason's Conversation with a Young Traveler ;Lord Littleton on the conversion of the soul, and RobertHall on the effect of Infidelity on Society,

A large collection "of books of all sixes, at the samelow average of price, is for sale by F. TAYLOR, ofwhich the list will be continued in a subsequent adver¬tisement. feb 8

ANCIENT FRAGMENTS.Just received, for saleby F. TAYLOR.

The Phenix, a collection, in one volume, price 75 centsof old and rare Fragments, translated, containing the Mo¬rals of Confucius ; the Oracles of Zoroaster; History ofthe Creat<on by Sanchomatho; the Voyages of Hannoround Africa five hundred years before Christ; KingHempsal's history of the African settlements ; Transla¬tions from the Punic Books ; The Choice Sayings of Pub-lius Syrius, &c. &c.

Plato on the Immortality of the Soul, Dacier's transla¬tion, with a Life of Plato, by Fenelon, 1 volume, price 62cents.

Lempriere's Classical Dictionary, 1 volume, full lioundof 432 closely printed pages ; price 75 cents. jan 8

IJHILLIP'S LECTURES on the History and Principies of Painting, in one volume Hvo. London.

The Literary Works of Sir Joshua Reynolds, 2 vols.London, w ith portrait, memoir, &c.

Calcott's Essays on the. History of Painting, 1 volume,London.

Fnirland's Studies of the human figure Cooper's Draw¬ing Book of animals ; Oxford Draw ing Book ; Sopwith'sisometrical Drawing ; Brown's Principles of Perspective1 4to volume; all published at London, are for sale by F.TAYLOR.

Also, Thenot's Practical Perspective; Peale's Graph¬ics ; Dimes Shades and Shadows; and a various collec¬tion of valuable (looks connected with the same subject.

jan 31

GHEAP BOOKS..Jefferson's Works, 4 8vovolumes,the Boston edition price S7.

Spark's Life of Govemeur Morris, 3 vols 8vo. priceS3, original price $7 50.

Life of Arthur Lee, 2 vols, octavo, by Richard HenryLee, Boston edition, price SI 25, published at S5 50.

Sparks' Diplomatic Correspondence of the AmericanRevolution, 12 volumes, S9, original price S18.The Pickwick Club complete, octavo siie, with very

numerous engravings, price $1 75.Marryatt's Novels, ten in number, handsomely printed

in two large octavo volumes, in frill binding, price S3.Life and Writings of John Jay, 2 large 8vo. volumes

with portrait, price $2 50, published at ®<i.Letters of Junius, 2 vols in one, full binding, 62 cts.Botta's History of the Revolution, by Otis, 2 vols, large

octavo, well printed and full bound with engravings, priceS3, published at $G.Lady of the Manor, by Mrs. Sherwood, 7 vols, price S3

published at SI per vol.

BUEL'S CULTIVATOR, published by the New YorkState Agricultural Society.

Four years of the above periodical liound together, com¬mencing with the first number, March, 1834, are for saleby F. TAYLOR, at a very low price.A few copies only received for sale.Subscriptions to the current and coming years receive

ed by F. T. jan 8

LAWS OF THE UNITED STATES.The Congressional edition, complete in eight volume*, law

binding, a single copy in good order, is for sale by F. TAY-LOR; price30dollars.

Also, a single copy of the Secret Journals of the Con¬gress of the Confederation from its first meeting up to thetime of its dissolution, in 4 octavo volumes. jan 8

KEITH'S Demonstration of the Truth of the Christianreligion, by the auilior of the " Evidence of Prophe¬

cy," 1 volume, with numerous engravings.Is just published, for sale by

jan31 F TAYLOR.

FOOLSCAP..F. TAYLOR has just opened a caseof Cap Writing Paper, satin surface, white and blue,

from a new manufactory just established at the North,winch excels in quality and finish any before brought toWashington. For sale at a reasonable price ; 40 reams

only received. jan 26

FaC SIMILE OF GEN. WASHINGTON'S LET-TERS.(Engraved in London thirty-nine years ego)

to Sir John Sinclair, Baronet, M. P. on Agricultural sub;jeets, in one thin quarto volume, engraved from the origi¬nal in the British Musum.

F. TAYLOR has this day received several copies ofthe aliove, the first and only edition, London, 1800, lie-licved to lie the only copies now to be found; price 4 dol¬lars. jan 24

CCYCLOPEDIA OF HISTORY, both ancient and mo-J dcrn, lieing a copious and complete Historical Dic¬

tionary ; is just received for srle by F. TAYLOR, in one

v*ry handsome volume of the small quarto size, 708 close¬ly printed pages on fine paper in elegant binding, marbleedges, with many engravings price S2 25. jan 21

TANNEHILL'S HISTORY OF LITERATUREfrom the earliest period up to the revival of Letters

in the fifteenth century ; I octavo volume full hound ; priceone dollar. Just received, for sale by F.TAYLOR.

Also, Lectures on Dramatic Literature, translated fromthe German by John Black, 1 volume octavo, 454 pages ;price SI 25.

St. Pierrcs Studies of Nature, 1 volume full bound, 400pages ; price SI. jan 15

THE LAWS OF TRADE, considered in referenceto the works of Internal Improvement in the United

States. By Charles Ellet, Jr., Civil Engineer. 1 vol.Just published, is this day received, fur sale by

jan 12 F.TAYLOR.

Three years of the american sport-1NG MAGAZINE, complete and hound in 3 vols, is

for sale by F. TAYLOR; price 8 dollars for the whole;the usual price being f 1.1 unbound. jan 12

HISTORICAL TRAITS, and other papers, relatingin the North American Colonies, from the discovery

of the country up to 1776, collected by Peter Force, arejust published and this day received, for aale bjr

jan 12 F. TAYLOR,-i I

PKKCIVAL'S wondebs of the world-Comprising the most remarkable cunoaities of nature.

and art. By the Rev. E. C. Clarke, a new edition, erfite<i'<> James (J. Prrcival, in one ortavn volume of 024 pages,full liound handsomely, snd containing 85 illustrative en¬gravings. Just received for sale by

jan 12 F. TAYLOR. I

THg

Ilo.m ycJRH'Z *JS*,"" ^

swsssrff.q^SSJSESS?^'i*!,S' er^fSisisand Minister PlcnlptMrtuiatr nl Grwi Hr> mn . .<L,h« *»»**' «f U>« tiecrmryV m^TtotkmJLous'b^i I "9T"r.fr°* 'JJT* ioe*m.*»*>>* . IMWf-oos b.iiid of lawlewiaud dm<rr«u> i»r« ,lum.llie adjoining British ptu'lntm but without tit* . »-hority or unction of ihe Pr^mrj.i O^rml^bad .re»p***d upon thai pori.oo uf tJ7,7r£I?tadisputebetween the UnitrdHiaten and Urrm Britainwhich is watered l»jr the river ArooMtook.MdcUiii-r.lto belong to the Htatr of Maine: and tCi2!rI2committed extensive depredation* therv k* rwitawand destroyinga very large i|u.intnjrof timber It viiifurther appear, thai the Govern.# of Main* havfe*been officially apprized of the circumrtaeee. kedcommunicated it to the L.ai«iaiur* .iiha r^JZT

."ih .SESalready existing by law, aa would enable hu> iu »re*t the course of said depredation* dinpen* thetrespassers, and secure the Umber wkiehKwabout carrying uwatr; that, inco»pli«T£|^Iresolve of the Legislatuie^ passed pursuaMe ofhis recommendation, hi* Excellency had desmtehedthe land agent of the State, with'. ' -Tri Hadequate to that purpu*. to the veae of U»IKJdepredations who, after accomplishing a part of buduty, was seized by a band of the trespasser* at a

ihkhjS*h&,° ** T'lfl'S ,he J"«-iNdlclion of .M.iitipwhither he had repaired for the purpose of meeting

'he,land a^'il ProvincfFr^tinn T ' !.' an^ cotm7«'d an a prisoner to

rthat Province, together with two

; 5 iT , f 8tate, who were assisting himin the discharge of his dutyIt will also appear that the Governor and LegMa-

r aL'sfi.ed ,hat ,hc 'respa*ieM had act.

fii tfie ,nws of both countries, learningthat they were in possession of arma.and aniicipaiing(correct Iv. as the result has proved) that persons oftneir reckless and desperate character would set atnaught the authority of the magistrate*, without theaid ol a strong iorce, had authorized the sheriff andofficers appointed to the place of the land agent, toemploy, at the expense of the State, an armed p< «>e,who had proceeded to the scene of ihete depreda¬tions, with a view to the entire dispersion or arrest of

^trespassers and the protection of the public pro-

In the correspondence between the Governor ofMaine and Sir John Harvey, Lieutenant Governorol the Province of New Brunswick, which hasgrown out of these ocurrences, and is likewiseherewith communicated, the former is requested torecall the armed party advanced into the disputedterritory for the arrest ol trespasses*, and is inform¬ed that a strong body of British troop* is to be heldin readiness to support and protect the authorityand subjects of Great Britain in said territory. Inanswer to that request, the Provincial Governoris informed of the determination of the State ofMaine to support the land agent and his party in theperformance of their duty, and the same determi¬nation, for the execution ol which provision'is madeby a resolution of the State Legislature, is commu¬nicated by the Governor to the General Govern¬ment.The Lieutenant Governor of New Brunswick in

calling upon the Governor of Maine for the recallof the land agent and his party from the disputedterritory, and the British Minister, in making a si¬milar demand upon the Government of the UnitedSlates, proceed upon the assumption that an agree¬ment exists between the two nations conceding toGreat Britain, until the final sfttlernent of the bound¬ary question, exclusive possession of, and jurisdic¬tion over, the territory in dispute, the importantbearmg winch such an agreement, if it existedni°Mi «"av®uPon.the condition and interests of thepanies, and the influence it might have upon theadjustment of the dispute, are too obvious to allowhe error upon which thin assumption seems to restto pass for a moment without correction. The an¬swer of the Secretary of State to Mr. Fox's note willshow the ground taken by the Government of theUnited Stales upon this point. It is believed that allhe correspondence which has passed between thetwo Governments upon this subject has already

communicated to Congress, and is now ontheir files. An abstract of it, however, hastily pre-

^eiu( accompanies this communication. It fs pos-si le that in thus abridging a voluminous corres¬

pondence, commencing in 1825 and continuing to a

y recent period, a portion may have been acci-- a,'y overlooked ; but it is believed that nothingicW, r

e -,ch would ma'erially change thea. pect of the question as therein presented. Insteadr0£n»ri« ,Kg, .ssumPlion ol the British func¬tionaries, that correspondence disproves the exist¬ence of any such agreement, shows that the twoGovernments have differed not only in regard tothe main question of title to the territory in disputei h fr:er.?rls0 ,0, lhe r*ht of jurisdictionand the fact of the actual excrcise of it in differentportions thereof. Always aiming at an amicableadjustment of the dispute, both parties have enter¬tained and repeatedly urged upon each other a desire

SflrZ',km , e.xer.c,se its rigbts, whatever it con-sidered them to b?, in such a manner as to avoidcollision, and allay to the greatest practicable extentthe excitement likely to grow out of the controversyMSnVHn5,,MUanceu0f SUCh an understanding thaiMaine and Massachusetts, upon the remonstranceof Great Britain, desisted from making sales oflands, and the General Government from the con¬struction of a projected military road in a portion ofthe territory of which they claimed to have enjoyedh/rnnr ?0ssessioD i and 'hat Great Britain, on

ih- ^l?rence 10 aJsil?i'ar remonstrance fromthe United States, suspended the issue of licenses tocut timber in the territory in controversy, and alsothe survey and location of a railroad through a seV-lion of country over which she also claidSfto£exercised exclusive jurisdiction.The State of Maine had a right to arrest the depre¬

dations complained of; it belonged to her to judge ofthe exigency of lhe occasion cal ing for her inter¬ference; and it Is presumed that had the LieutenantGovernor of New Brunswick been correctly adv.s-ed of the nature of the proceedings of the State ofMaine, he would noi have regarded the transactionas requiring, on his part, any resort to force. Eachparty claiming a right lo the territory, and hence tothe exclusive jurisdiction over it, it is manifest thatto prevent the destruction of the timber by tresspass¬ers, acting against the authority of both, and at thesame lime avoid forcible collision between the con¬tiguous Governments during the pendency of nego¬tiations concerning the title, resort must be had tothe mutual exercise of jurisdiction in such extremecases, or to an amicable and temporaryarrangementas to the limits within which it should be exercisedby each party. The understanding supposed to ex¬ist between the United Stales and Great Britain hasbeen found heretofore sufficient for that purpose, andI believe will prove so liereafirr, if the parties onthe frontier, directly interested in the question are

respectively governed by a just spirit of conciliationand forbearance. If it shall be. found, as there isnow reason to apprehend, that there is, in lhe modesof construing that understanding bv the IwoGovern-ments, a difference not to be reconciled, I shall nolhesitate to propose to her Britanic Majesty's Govern¬ment a distinct arrangement for the temporary andmutual exercise of jurisdiction by means of whichsimilar difficulties may in future be prevented.

But between an effort on the pari of Maine to pre¬serve the property in dispute from destruction by in¬truders, and a military occupatien by that State ofthe territory, with a view to hold it by force, whilethe settlement is a subject of negotiation between thetwo Governments, there is an essential difference, aswell in respect to the position of the State, as to theiliiticsof the General Government. In a letter ad¬dressed by the Secretary of State to the Governor of

a >(,n 'he 1st of March last, giving a detaileds airment of the steps which had been taken bv theFederal Government to bring the controversy to a

7r,a;ulLrtes,Pned '« apprize the Governorf that State of the views of the Federal Executive

in respect to the future, it was stated, that while thebligations of the Federal Government to do all in

its power to effect the settlement of the bonndarvquestion were fully recognized, it had, in the event ofbeing unable to do so specifically, by mutual consent,ik°« k-r me?ns to "ccomf,lish ,hal obJect amicably,than by another arbitration, or by a commission withan umpire in the nature of an arbitration; and that,in the evtnt of all other measures failing, the Pre-« dent would feci it his duty to submit another propo¬sition Co the Government of Great Britain, to refer

mi »W q.rHiia la . third Power..vtowr*mIhe aufaprct, nd wall I

itNa mm itail linkM uin, I «»»»«. tklak ii proM I* MniM A* MHtitai of (Xm to tar«k* iW thmm lm of (\>|rm io oihrrIltin awi< ak.« .»«*» for ik« mmUmmM of the r,>nih*ar*f,*» to a«»alfca»m»anrpw«rrraftka Federal(Iwwmmh la to kr»tk« ». aid of lha Hum ofMato* M to rfcci ikat «I|MI by a re-

"Tto° ikTInkar kaad, M ika iwhfkie. of NewRraaawkk .h> n?d atra»|< «« aatorrr Ik* claim ofesrtw.lv. jortadintoa art ap kjr tka» toumaans ofMilitary ifjrtia aa «k> tr port of tft disputedwtrto*?, I ikati fert tod »o e«*«kkr thetoMtaiwr p**Mo4 kr »kr Ca»rfk«*j at havingimrtH .. »k* ka*»atof of arklek a Mate ka» iker%M loeall tor toa aid of lha W««i Owrernineat

I k»» ripmard to iko KritM Minister near thi*<t.*«-r»aMM a naMwl oaprotottan thai iko agentsoI ike Mato of Mato*, who hare fcaea arrested aaderaa ak«i«a» MayyrihanMua af ike it)ia of ikrirMtawioa, ai l to pruMply r*lea»*d j aad to ike Go¬vernor ol Maine, that a tnatlar nanr will fee Mr-»aad to rmH u> tha afraaul ika province of NowHruu*wica I have ato»ree. aaniW tkai aay ni-Ikkp ikat mmy kara kara kroafht together by IkeMate of Malar, (torn aa apfwahraato* uf a colli*-toa vHk ike OuvenMBaat or profto of ike Hrfel»hProvince, will kr Volaatartljr and pearrably dutoadrd.

Icaonoi allow myself 10 doakt tkai ike rasait* anti¬cipated from ik«--e reprrwatatioa* will ka Maaoaakljr rraiKed Tka parite* more Immediately Inierested caanot km peraoire Ikat aa appeal to araaa,under exirtlag eircumetaeces. will a<* ualy prvrefatal to Ikeir prvaral latere**, km woald postpone, Ifact defeat, tke attainment of ike mala otoecu whichthey have ia rlear Tka rerjr incident* whick karr re-reoily occarred will oecevarily awakea theGovern¬ment* lo ike importaaeeofpromptly adjustinga dlvputcby wkiek it H aow made laanifnl ikai ike peaceof lhalwo aai ioa> 1* daily and immiaeniW endanger-ed. Tbiaeipertaiion is further warranted ky Ike gene¬ral forbearance which ban hhherto character!ted Ikeconduct of the Government and people on both sidesof ibe line. In the uniform pairioiiom »l Maine,bar attachment to tka Union, her respect for thewinhes of the people of ker sister Hi air*, ot a hoaeinterest in her welfare khe cannot be ancouacioas,and in the Micitada fell ky ibe country at large forthe preservation of peace with our neighbor*, wehave a strong guarantee that *ke will au diarcgardtoe^rnaut thai hast been made of her.As, however, the aew>iun ol Congreus i* akout to

terminate, and ike agency of the tUccutive may be-a>me necexaary during the recem, it ia importantthat the attention ol the LegiMamie should bo drawntu tbe consideration ol Mich uifaturn i» iimy be(Slrulated to obviate the necessity of a call lor ancitra session. With that view, I have thought it mydoty to lay the whole matter before you, and to Invite rtich action thctcon a« you may think the occasou requires.

M VAN BUREN.Washington, February fit!, 1KI9.The Menage and Documents were referretl to the

Commltiee on Foreign Relations.

PREFATORY REMARKS OF TIIECOMMITTEES REPORT.

The Select Committee, chosen by the House ofRepresentatives on the 17th and l!)ifi ultimo, to in¬vestigate the dtfalcations of Samuel Swartwout. latecollector of the customs at the port ol New York,and of other officers, have devoted to the faithfuldischarge of the duties assigned them the limitedtime allowed foi the purpose by the shortness of thepresent session of Congress.

It was most obvious, however, that the whole fieldof inquiry presented by the resolution appointingthe Cominiitee, could not be properly traversed toreport thereon, either satisfactorily to the country orto the Committee, during the snort remainder olthe present Congress. This impressed upon theCommittee at once n resolution, which has beenrigidly adhered to, of limiting the investigation tosuch branches of the subjects referred to them as hadmost deeply excited public anxiety and alarm, andto undertake only so much of these ns might bethoroughly exhausted within the allotted period ofthe Committee's researches. But the important re¬sults which have been attained, notwithstanding thedisadvantages adverted to, cannot fail to inspire thecountry with a confident hope, that the high t bliga-tion which will rest upon the successors of the pre¬sent Congress in the Legislature of the nation, toresume and complete the great work of investiga¬tion and reform of the alarming condition and abusesof the Executive departments of the Government,from the highest to the lowest, and from the nearestto the remotest functionaries, will engage the promptand efficient attention which its magnitude demands.Guided solely by the character of the develop¬

ment which the investigation imposed upon themby the House has elucidated, the Committee cannotresist the conviction, that at no period in the historyof the Federal Government has there been deeperor better founded cause than exists at the presentmoment, for every patriot heart to desire a promptconsummation of ihat signal "Uisk of rtform" irkichpublic sentiment many years since inscribed an the listof Executive duties, in characters too legible to be over¬looked, requiring, " particularly the correction ofthose abuses that have brought the patronage of theFederal Government into conflict with the freedomof elections, and the counteraction of those causeswhich have disturbed the rightful course of appoint¬ment, nud have placed or continued power in un¬

faithful or incompetent hands."*The first procedure of the Committee, after or¬

ganizing itself for business, was to visit the city ofNew York, to inspect there, in person, the originalrecords and papers of the custom house, in conjunc¬tion with the examination of such witnesses as mightbe supposed capable of shedding light upon the in¬quiry involved by the defalcations of Mr. Swart-wout. Thenceforward this branch of the investiga¬tion was conducted pursuant to the resolution of theHouse, viz: to ascertain "the causes and extent" ofthose defalcations; the length of time they have ex¬isted ; the correctness of the returns which havebeen made by Mr. Swartwout, and by the naval of¬ficer at New York, and by other officers connectedwith the adjustment of his accounts.Concurrently with the investigation ofMr. Swan

woul's defalcations, those of William M. Price,lale district attorney in New York, were likewisekept in view; and the fullest practicable extentof information respecting them has been i b-tained, and will be adverted to in the sequel of thisreport.

The correctness of the returns which have beenmade bytheprcsentcollectorof customsandlhe navalofficer at the port of New York, was also sought to beexamined bv the Committee w hile in that city. "Con¬sidering that the customs collected at New Yorkequal nearly two-thirds of the whole amount in allthe United States," as stated in the special report ofthe Secretary o( the Treasury on Mr. Swartwont'sdefalcations, (House document 13, p. C, of the pre¬sent session,) the Committee did notsupposethat ihevshould faithfully discharge their duly to the House,or pay a proper deference to that patriotic distrustwhich pervades the country at the present time inregard to the affairs of the custom house at NewYork, were they to limit their inquiries to the re¬turns of the late collector and naval officer, and ne¬glect entirely those of their successors, which must,af all times, be to the country of equal interest withthe former, and, at the present lime, of even moreimmediate importance to the security ofthe nationalTreasury. But, in the execution of' so much of thispart of their inquiries ns related to the present col¬lector of New York, they were compelled to encoun¬ter most unexpected obs acles, interposed by the col¬lector himself, aud setting at defiance the authoritydelegated to the Committee by the House. Thefacts connected with the battled endeavors of theCommittee to obtain information for the House andcountry from this officer of the Executive branch ofthe Government, who is in immediate chargcof andcontrol over public moneys that " equal nearly two-thirds of the whole amount" collected from customs" in alt the United States," will be more specially de¬tailed in a subsequent portion of this report.The Committee will remark here, that, in theonset of the investigation they have made, they sup¬posed it both proper and safe to place themselvessomewhat confidently under the guidance of the se-veral special reports which have been made to theHouse upon the subject of Mr. Swartwout's defalca¬tions, bv the Treasury officers, previous to the appointment of the Committee.combining, in thisview, reports from the Secretary of the Treasury,the First Comptroller, the Solicitor, and First Aii-dilorof the Treasury,as exhibited in House document

* Inaugural address of President Jackson, March4, 18*».

13. Ii, however, vcryaoon became evident that thosereport* were not to be implicitly relied on as auxilia¬ries in finding out either the law or the (acts of theease: and that, on the contrary, they furnished butan oblique view of both the causes and duratiou ofMr. 8wartwout's defalcation.*, as also of the lawand many material facts which develop the truecharacter of those defalcations. Of necessity, there-

I fore, these reports, although emanating from thehighest orders ol official functionaries employed inlh« collection end disbursement of the public teve-noes, became the subjects of as cautious and criticalexamination a* any other portions of evidencewhich the case presented, and as such it will beobligatory upou the Committee to lieal them in thisreport.

In reviewing the details of their labor.*, so thatthe progress ami results ol tbetn may be presentedin the simplest form, the Committee propose to con¬sider.

Psarl. The defacations of Mr. Swartwout.Past II. The defalcation* of Mr. Price.Pabt III. The correctness of the return* which have

been mad* by the present collector sod naval officer ofih* port of New York, respectively.Psbt IV. The defalcation* among receiver* of thepublic money.

Paar V. The (set* connected with the foregoing de¬falcation*, and deemed material to develop their truecharacter.

Each of the division* thu* proposed will properly in¬volve the law appertaining to it, a* the appropriate *d«junct of it* fact*. And a* the lavage of the lawiiaetf will in each instance be cited in detafl, that its au¬thority and injunction may be correctly onderatood byovary one, *o the language of the individual teatimonyrelied on in each instance will be adduced, that its im¬port and fore* may he left neither to uncertain construc¬tion or doubtful inference. Tlie increased fidelity oftheir report, in the eetiination of the Committee, will be,by this mode, sn ample offset to ita consequent enlarge¬ment

Bcforepioceeding to the general topic* of thi* report,a* al.csdy laid down, it m*y be proper here to expressthe deep aei.ee of diaappointment and regret whicn theCommittee feel, in not being able to communicate to theHouse one document that waa called for at an early day,regarded s* having an important and interesting influ¬ence upon the judgment which the Home might form onthe subject of defalcation* among public officers, andthe cause* which have led to their multiplication. It will!.* perceived from the following letter, that the Commit¬tee availed itself of the earliest period after their organ-nation to make a call upon the Preaident to furuiali alist of the defalcation* that have taken place among col¬lector*, receivers, snd disbursing officers of public mo-r.ev. and other public officers, since the 4th of March,1U29, showing the amount of each, dtc.More than tour weeks hsve now elapsed since that

call waa made upon the President, snd the only infor¬mation winch the Committee haa obtained to refiort up¬on to the liooae is contsmed in the following letter ; thedistinguishing festure of which information is, that stillmore time than even the whole remainder of the sessionwill Lo requisite to snswer the call. From thia theCommittee are compelled reluctantly to infer, either.

lat. That the accounts and recorde of the aeversl De¬partments, in general, are so incomplete and defectiveas not to exhibit, without great labor and delay, the truer< lationa of collectora,receiver*and disburse. of the pub¬lic money, and of other officer* of the Government, asto distinguish debtor* from defaulters, and creditorsfrom both.

2dly. That the number of the defaulter* have multi-pin d so rapidly since 1839, under theayatem of accoun¬

tability pursued toward* collector*, receiver*, and dis¬burse ra of the public money, and other officers, aa topreclude the practicability of receiving sn account cur¬rent of thrir defalcations with all the clerical force atthe command of those Departments, under existing lawaand appropriationa.If either inference be juat, (and none other of equalweight aecrns to be fairly deducible from the letter of theSecretary of the Treasury.) it manifest* a laxity of ad¬ministration which demsnds the earliest application ofsuitable remedies within the reach of Congress and ofthe country.

For the papers No*. 1 and 3, referred to in the sub¬joined latter, reference is respectfully msde to the jour¬nal of the committee, p. 470 and onward.

Treasury Department, Feb 18, 1839.Si* The Preaident, on the 23d ultimo, referred to

thi* Department the following resolution passed by theInvestigsting Committee:" Ketolvid, That the President of the United States

be requested to cause this committee to be furnished bythe proper Executive Department with a table showingthe defalcationa which have occurred among the collec¬tors, receivers, and disbursers of the public money, sndother public officers, since the 4th day of March, 1829 ;the names of the defaulters ; the amount of each defal¬cation ; when each case occurred; the length of timeasch case has existed ; what atep* have been taken bythe proper department* or officer* to proaecute the de¬faulters snd to aeenre the United States, In each case ;and what defaulter* are retained ir. the same offices inwhich thev became defaultera, or have been appointedto other officea "

He accompanied it with a reqneat that ail the infor¬mation desired should be procured a* early as practica¬ble, and submitted by me lo the committee. Accord¬ingly, on the same day, I enclosed copies of it to theother Departments, and alao to the proper bureaus inthe Treasury Department, and denrea that replies mightbe furnisheo, so fsr a* in their power, and soon as intheir power, to the several inquiriea made. I furtherrequested the bureaus connected with this Departmentto employ any extra assistance that could ite advantage-oualy applied in haatcning their anawera.

I would now inform the committee that (Treat propresahaa been made in respect to those part* of the aniwersconnected with tho Hegiater'* office, and all whichcould be made, conaiatent with the difficulty and extentof the labor, in the Third Auditor'a office. But it i*feared that, on account of thi* labor, and the greatma** of previous calla by eommitteea and by the twoHouse* of Congress, which are alao to he answered,bende* transacting the current business in the differentbureaus, the whole details and tho tabular statementrequired cannot be completed during the session. Eve¬ry effort, however, winch, under *11 the circumstance*,can be made, ia believed to be exerted to meet thecall at tie earliest dav practicable.

In reaped to the la*t branch of the resolution, asking" what defaulter* are retained in the **me office* inwhich they became defaulters, or have been appointedto other offices." I am able to preeent the report of theKegister, from hi* r<Acf, which exhilrit* such name* a*arc on hia hook* connected with the State and TreasuiyDepartments. It ia annexed, and contain* no name a*to thia, and but one aa to the State Department. Thatone is Commodore D Porter , arid by the correspond¬ence anneaed. it will b« seen that he does not considerhimself a defaulter, though h* stands charged on theRegister'* books for a considerable sum on account ofprixe money, as explained in the papera (Nos I and 2.)

K*aa>acifuHv,LEVI WOODBURI*.Secretary of the Treasury

Hon. James lUai.tN,Vkati man of Inmtigating Cammnut.

r**T I-THE DEFALCATIONS OF MRSWARTWOUT

1. tub xxrtffT or mb. swsbtwoi i'* ntrsLrtnoM*Cvnrlujimi* ./ ikt Committer

1st That Mr Swartwout ia a defaulter to gotwmentaa appeara by hia ownielum*. as adjutud from time to

tune at the Treasury Depaitm»nt, in tb» sum of one

million two hundred and twent* fi«e thousand aoranhundred and five dtdlara and uaty-ntne cents.

2d. That thi* amount of il.drbledns.. hss »rr ino-

latid upon the face of the quarterly accounts rvgnisilyreturned by him for adjustment at the 1 reasury De¬partment, without the omission «f any <*t eiltoer item*.debit or credit thtieon, until it became ." ah*oiut* lit -

falcatum.2. thk Dt'BaTtoN «»r am sw*BTworr'» iwrafccaVMm.

CMthmmi»( t*r * tmmUtm.1st. That ail monet - received by Mr. Swartwovi

a« collector prior to r.guUrly *. eoontedfor by him in hi* quarterly rctsraa Ut tb« TreasuryDepartment.£|. That *o much of all mooey* refriv. d by MrBwartwom prior to IKIT, and accunird fur lo tbeTreasury Department in hi* qnarerlt mat;.', ¦*were not paid by him Int . the Trn^ury, a e rr ret,lined by him tinder thi? tacit acquiescence of iheaccounting olttri «»f th* Treaaurv ; and rero'artycarried forward, debited to bimaelf, la ikr baton**of each subsequent qnarterlv Mm*ftt 11 ad»r*d hfhim lo the Treasury l>epnnment k» tho cloa* «l ibo ^lernvofJ>is^>®cf.

3d. Tbat hi* omianiou to carry a debit to kiniellof the moneys received by him from the Treasury,or from other sources, prior to 1837, to the clone oiaccounts kept onlv at the custom house, called hiscask accounts, and his carrying a debit to himself ofany soch items to MOV other class ot accounta keptoutv at the cuUomkoute, called tutytnu and unsettledaccounts, or by any other name, would not operate asa concealment, innocent or fraudulent, from theTreasury Department, of the true cuik balance in *bis hands. First, because neither his cash account

.tior his suspense and unsettled account, nor anyother subordinate account, kept at the coatom-house,was ever exhibited to, or formed the basis of anyquarterly settlement made by him with the account¬ing officers of the Treasury. Secondly, because inhis quarterly accounts settled at the Treasury De¬partment, the aggregate and true balance oI all hissubordinate accounts kept at the custom-house, in¬cluding both his cash account and suspense account,was uniformly, prior to 1837, carried into hia quar¬terly account under the item of " cask, and unseltUdaccounts."

4th. That the defalcations of Mr. Swartwout, bymeaus of fraud and false returns, commenced in1837, and not sooner, and have existed since that pe¬riod ; and the defalcations thus acct uing, added tomoneys previously retained by hlrn, according tohis returns to the Treasury Department, and by thesilent acquiescence of the officers of that Depart¬ment until the close of his term of office, constitutethe aggregate of his defalcations at the present pe¬riod.

3. TIIE CAUSES OP MR. aWABTWOUT's DEFALCATION.

Causk I. Th*irresponslbility of Mr. Swartwoutin pecuniary character at the time of his appoint¬ment to office.

Conclusions of the Committee.1st. That nt the time of Mr. Swartwout's appoint¬

ment, and of his reappointment to office, he waswholly irresponsible in pecuniary reputation, andwas Involved in debt.

Sd. That at the time of his appointment and of hisreappointment, and for the whole period he was inoltice, he was notoriously engaged in large andhazardous speculations, and deeply embarrassed bythem.

,, ,3d. That his pecuniary responsibility and conse¬quent involvements by hazardous speculations, con¬stitute one of the primary causes of his defalcationsto the Government.

, , .Cause II. Culpable disregard of law, and neglectof official duty, by the lale naval officer at NewYork.

Conclusions of I've Committee.1st. That the late naval officer at the port of New

York, throughout the term of his set vice, from 1829 to1838, wholly disregarded the requirements of lawprescribing the duties of his office.

2d. That said naval officer, for the same period,wholly disregarded the instructions of the Comp¬troller of the Treasury of November 10, 1821.

3d. That said naval officer by so disregarding therequirements of law and the instructions of ie

Treasury Department, culpably neglected to keepthe accounts and records appertaining to his ottice,and thereby rendered the office nugatory as a cnecKon the »ecounts ol the collector.

4th. That if the duties of said naval officer, asauthorized and directed by existing laws, had beenexecuted with proper care and vigilance, they wouldhave rendered it impracticable for any fraud or errorin any of the accounts of the collector of said port toescape immediate detection.

5th. That the culpable disregard of the plain re¬quirements of law and of Treasury instructions pre¬scribing the duties of naval officers, hv navaloflicer, and his continued neglect of official duty, isa primary cause of the immense defalcations ol thelate collector of New York.Cause III. Culpable disregard of law ami neglect

of official duty by the First Auditor of the Treasury.Conclusions of the Committee.

1st. That the First Auditor of the Tressury hasbeen guilty of culpable disregard of law, snd neglectof duty, in examining and certifying the correctness ofthe accounts of the late collector at New York withouthaving compared them thoroughly with the vouchersaccompanying the same ; and also in transmitting saidaccounta to the First Comptroller, certified, for revision,whilo the mojt important vouchera therefor were re¬tained in his own office.

......2d That no fraud prtctiiftd by the said collector inhit weekly returna of caah to the Secretary of the Trea¬sury could affect the just and true settlement of the ac¬counta of said collector at the Auditors gjjkfojs saidweekly returna form no part of the basis oT the settle¬ment of aaid quarterly accounts by the Auditor: andtherefore furnish no apology for the neglect of the Au¬ditor to examine the same thoroughly.

,3d That, without the aid of the regiater of bond ac¬

counts of collectors, required by law and 1 reasury cir¬cular to be kept by the Auditor, to enable him to detectfrauds and defalcations, if any exiat, the said Auditorcould have thoroughly examined said Swartwout s quar¬terly accounts during any quarter said Auditor has beenin office, inasmuch as the original quarterly accountswere retained, against law, in hia office, and furnish¬ed the same meana of comparison as a register wouldhave furnished.

,4th. Tlist, in the culpable disregard of law and ne¬

glect of duty, as aforesaid, by said Auditor, is found &

primary cause why the defalcations of said Swartwoutin 1837, and subsequently, escaped early detection, andhave resulted in the probable loss of the public trca-

,1Caus« IV. Culpable diaregard of law and neglect ofduty by the lato and present Comptrollers of the 1 rea¬

sury.Conclusions of the Committee.

1st. That the late Comptroller of the Treasury,George Wolf, Esq , now collector of the port of Phila¬delphia, was guilty, while in aaid office of Comptroller,of culpable disregard of law and neglect of duty, bothin regard to the bonds of collectors filed in his office,and the records thereof required by law, and in settlingand certifying to the Register the accounts of SamuelSwartwout, late collector, without having transmutedto him the vouchers therefor required by positive m-

J '2 l'°Thst the present Comptroller of the Treasuryhas been guilty-of culpable disregard of law and ne¬

glect of duty in settling and certifying to the Registerthe quarterly accounts of Samuel Swartwout, late col¬lector, without having transmitted to him the voucherstherefor required by positive injunction of law.

3d. Tlist said Comptroller is also guilty of culpabledisregard of law and neglect of duty.1st In not hav¬ing sought and sscertained from the "invoices and ap¬praisements" st the custom-house, either through theSolicitor of the Treasury of otherwise, the true ornoontof Swartwout's clsim upon the 8201,000. retained byhiin in going out of office, as suggested in the letter o

the district attorney that was before him, dated April2!S 1838 2dly, In not causing the accounts of saidSwartwout to be forthwith stated, or instituting mca-

aures therefor, immediately on the neglect of saidSwartwout to return atid settle his accounts at the ex-

ptralion of the time allowed him by law for^ that pur¬pose, to wit: in the early part of July, 1838. 3dly.In continuing the same neglect, and foibcaring to issue

warrants of distress against said Swartwout and hissureties from the 3Wt of August, 1838, when apprizedhv the letter of the F.rst Auditor that ssid sccounts stillre,named untitled, until the month of Novembel, whenthe detection of Swartwout's Isrger defalcstion was

communicated from New York.4ih 'ITiat the administration of it is marked with

such sijnsl inefficiency. ss well as neglect of duty, as

rmd.r nugstorv many of the most important checksupon the First Auditor, snd collectors, receivers, snddisburse** of the public moneys, which the laws creatingand regulating lie duties contemplated, and have aum-eienl'v provided.

...., . ,Aih Thst. in said disregard of Isw snd neglect ofduty by the said Comptrollers, snd inefficiency of thei.lTut as now administered, is to be found a primsrycause of the immense defalcations of the Iste collector(i the port ol New York, snd consequent loss of pub-Cai s* V The discontinusi.ee of the use of bsnks

as d.poeHori. a of ibe public moneya, and permittingit* same to accumulate in the bands of Mr. Swsrt-

Carsa VI Tbe negligence snd failure of the Secre¬tary of ibe Treaeory to discbarge k* doty. ss ie

of tbe Treaaary Department. ..barged '-y l«« «"¦»

eupertotr* deaca of Vhe co»le.no.. of the revenue.

fW/a*ume of Me Comment.Iss That .< late veers, important hooka of records,

.*e**e" T* " "foHertoes of customs, weekly,oZmm* aJ" "anerlf. he" P-."^ K> fall into

* *T |\r|.»rmicn«B of ibe Secretary of the Trea-** m'lhrrr4. rvtwfrr negatory manv af the eaeen-'

j,, ftir dofalratiooe of tbalclaeaof officers'Tin 'be elisting laweard Treaaury regulations*"2* Tw j-jbjsnn aid failure of tbe Secretary of tbe

«. .». rv M discharge bia doty, aa tbe hee<l ol theIWparuarat, charged by law smbthe soper.n-mt ike (oMaetioaaf the retoaae, and hia want

of a tarred apawriatMi af the befare named recordatSe sapee...lsa*ones af the collectwa of the public^aaoaTUd tbe ces^»e«t neglect to continue snd

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