of these sections declares, that the laws of Maryland, as they existed at the time of the cession, should be in force in that part of the District ceded by that State; and, by this provision, the common law, in civil and criminal cases, as it prevailed in Maryland in 1801, was established in that part of the District.

In England, the Court of King's Bench,-because the Sovereign, who, according to the theory of the constitution, is the fountain of justice, originally sat there in person, and is still deemed to be present, in construction of law,-alone possesses the high power of issuing the writ of mandamus, not only to inferior jurisdictions and corporations, but also to magistrates and others, commanding them, in the King's name, to do what their duty requires, in cases where there is a vested right, and no other specific remedy. It has been held, in the case referred to, that, as the Supreme Court of the United States is, by the constitution, rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common law powers. Another ground relied upon to maintain the power in question, is, that it was included, by fair construction, in the power it granted to the circuit courts of the United States, by the act "to provide for the more convenient organization of the courts of the United States," passed 13th of February, 1801; that the act establishing the circuit court of this District, passed the 27th day of February, 1801, conferred upon that court and the judges thereof the same powers as were by law vested in the circuit courts of the United States and in the judges of the said courts; that the repeal of the first mentioned act, which took place in the next year, did not divest the circuit court of this District of the authority in dispute, but left it still clothed with the powers over the subject which, it is conceded, were taken away from the circuit courts of the United States by the repeal of the act of 13th February, 1801.

Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extra-judicial prerogative powers of the Court of King's Bench, in England, or that either of the acts of Congress, by necessary implication, authorizes the former court to issue a writ of mandamus to an officer of the United States, to compel him to perform a ministerial duty, the cousequences are, in one respect, the same. The result in either case is, that the officers of the United States, stationed in different parts of the United States, are, in respect to the performance of their official duties, subject to different laws and a different supervision; those in the States to one rule, and those in the District of Columbia to another and a very different one. In the District their official conduct is subject to a judicial control, from which in the States they are exempt.

Whatever difference of opinion may exist as to the expediency of vesting such a power in the judiciary, in a system of Government constituted like that of the United States, all must agree that these disparaging discrepancies in the law and in the administration of justice ought not to be permitted to continue; and as Congress alone can provide the remedy, the subject is unavoidably presented to your consideration.

WASHINGTON, December 3, 1838.

M. VAN BUREN.

The message and the accompanying documents were read.

On motion by Mr. Wright,

Ordered, That they be printed; and that 5,000 copies of the message aloue, and 1,500 copies of the message and documents, in addition to the usual number, be printed, for the use of the Senate.

A message from the House of Representatives, by Mr. Garland, their clerk :

Mr. President: The House of Representatives have passed a joint resolution (H. R. No. 28) presenting the thanks of Congress to George Washington Lafayette, the son, and to the surviving family of General Lafay ette; in which they request the concurrence of the Senate.

The resolution was read.

On motion by Mr. Hubbard,

The Senate adjourned.

WEDNESDAY, DECEMBER 5, 1838.

The honorable Bedford Brown, from the State of North Carolina, and the honorable Lucius F. Lyon, from the State of Michigan, attended.

The President pro tempore laid before the Senate a report of the Secretary of State, transmitting, agreeably to law, statements of expenditures made by that department during the year ending the 30th day of November last; which was read.

Ordered, That it be printed.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, on the state of the finances, made in obedience to the act supplementary to the act to establish the Treasury Department.

Ordered, That it be printed, and that fifteen hundred additional copies be sent to the Senate.

The President pro tempore laid before the Senate a report of the Treasurer of the United States, exhibiting, agreeably to law, accounts rendered by him, and settled by the accounting officers of the Treasury, for the first and second quarters of the year 1837.

Ordered, That it be printed.

The Senate proceeded to consider the resolution (H. R. 28) presenting the thanks of Congress to George Washington Lafayette, the son, and to the surviving family of General Lafayette; and,

On motion by Mr. Clay, of Alabama, Ordered, That it lie on the table.

Mr. Norvell presented the petition of Jedediah Hunt, a captain of United States volunteers, during the late war with Great Britain; which was or dered to lie on the table.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in a bill (S. 1) providing for the reduction and graduation of the price of the public lands; which was read, and passed to the second reading. Mr. Hubbard submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved, That the 34th rule of the Senate be so far suspended that the presiding officer of the Senate shall appoint, for the present session, the members of all the standing committees of the Senate, with the exception of the chairman of the Committee of Commerce; and that the Senate shall, previous to any such appointment, elect, by ballot, the chairman of that

committee.

On motion by Mr. Hubbard,

The Senate proceeded to the choice of a chairman of the Committee on Commerce; and, on counting the ballots, it appeared that Mr. King had a majority, and was elected.

A message from the House of Representatives, by Mr. Garland, their clerk:

Mr. President: The House of Representatives have passed a resolution for the election of two chaplains, of different denominations, to serve during the present session of Congress; in which they request the concurrence of the Senate.

The Senate proceeded to consider the resolution; and

Resolved, That they concur therein.

Ordered, That the Secretary notify the House of Representatives accordingly.

On motion,

The Senate adjourned.

THURSDAY, DECEMBER 6, 1838.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, transmitting a report of the superintendent of the coast survey, and of the work for the fabrication of standard weights and measures; exhibiting the progress made in these works during the present year.

Ordered, That it be printed.

The President announced the appointment of the following standing committees of the Senate:

A Committee on Foreign Relations, consisting of Mr. Buchanan, Mr. Tallmadge, Mr. Clay, of Kentucky, Mr. Rives, and Mr. Niles.

A Committee on Finance, consisting of Mr. Wright, Mr. Webster, Mr. Nicholas, Mr. Benton, and Mr. Hubbard.

A Committee on Commerce, consisting of Mr. King, Mr. Davis, Mr. Brown, Mr. Norvell, and Mr. Ruggles.

A Committee on Manufactures, consisting of Mr. Niles, Mr. Lumpkin, Mr. Preston, Mr. Strange, and Mr. Ruggles.

A Committee on Agriculture, consisting of Mr. Smith, of Connecticut, Mr. Spence, Mr. Linn, Mr. McKean, and Mr. Mouton.

A Committee on Military Affairs, consisting of Mr. Benton, Mr. Preston, Mr. Tipton, Mr. Wall, and Mr. Allen.

A Committee on the Militia, consisting of Mr. Clay, of Alabama, Mr. Swift, Mr. Mouton, Mr. Smith, of Indiana, and Mr. Foster.

A Committee on Naval Affairs, consisting of Mr. Rives, Mr. Southard, Mr. Tallmadge, Mr. Cuthbert, and Mr. Williams.

A Committee on Public Lands, consisting of Mr. Walker, Mr. Fulton, Mr. Clay, of Alabama, Mr. Allen, and Mr. Prentiss.

A Committee on Private Land Claims, consisting of Mr. Linn, Mr. Sevier, Mr. Bayard, Mr. Mouton, and Mr. Lyon.

A Committee on Indian Affairs, consisting of Mr. White, Mr. Sevier, Mr. Tipton, Mr. Linn, and Mr. Swift.

A Committee of Claims, consisting of Mr. Hubbard, Mr. Tipton, Mr. Crittenden, Mr. Young, and Mr. Merrick.

A Committee on Revolutionary Claims, consisting of Mr. Brown, Mr. White, Mr. Crittenden, Mr. Norvell, and Mr. Smith, of Connecticut.

A Committee on the Judiciary, consisting of Mr. Wall, Mr. Morris, Mr. Clayton, Mr. Strange, and Mr. Pierce.

A Committee on the Post Office and Post Roads, consisting of Mr. Robinson, Mr. Lumpkin, Mr. Knight, Mr. Brown, and Mr. Merrick.

A Committee on Roads and Canals, consisting of Mr. Tipton, Mr. McKean, Mr. Young, Mr. Lyon, and Mr. Foster.

A Committee on Pensions, consisting of Mr. Mcrris, Mr. Prentiss, Mr. Pierce, Mr. Roane, and Mr. Williams.

A Committee on the District of Columbia, consisting of Mr. Roane, Mr. Nicholas, Mr. Spence, Mr. Bayard, and Mr. McKean.

A Committee on Patents and the Patent Office, consisting of Mr. Strange, Mr. Davis, Mr. Prentiss, Mr. Robinson, and Mr. Lyon.

A Committee to audit and control the Contingent Expenses of the Senate, consisting of Mr. McKean, Mr. Fulton, and Mr. Knight.

A Committee on Public Buildings, consisting of Mr. Fulton, Mr. Bayard, and Mr. Rives.

A Committee on Engrossed Bills, consisting of Mr. Norvell, Mr. Smith, of Indiana, and Mr. Merrick.

On motion by Mr. Wright,

Ordered, That so much of the message of the President of the United States as relates to the finances, together with the annual report of the Secretary of the Treasury on the state of the finances, be referred to the Committee on Finance.

On motion by Mr. Norvell,

Ordered, That so much of the message of the President of the United States as relates to the commerce of the United States, be referred to the Committee on Commerce.

On motion by Mr. Robinson,

Ordered, That so much of the message of the President of the United States as relates to the post office and post roads, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Rives,

Ordered, That so much of the message of the President of the United States as relates to naval affairs, be referred to the Committee on Naval Affairs.

On motion by Mr. Clay, of Alabama,

Ordered, That so much of the message of the President of the United States as relates to public lands, be referred to the Committee on Public Lands.

On motion by Mr. Wall,

Ordered, That so much of the message of the President of the United States as relates to the judiciary, be referred to the Committee on the Judiciary.

On motion by Mr. Clay, of Alabama,

Ordered, That so much of the message of the President of the United States as relates to the militia, be referred to the Committee on the Militia. Mr. Buchanan presented the petition of Joseph C. Cornwell, late a surgeon's mate in the army of the United States, praying Congress to grant him a pension, in consequence of being disabled while in the performance of his official duties; which was referred to the Committee on Pensions.

Mr. Norvell presented twelve memorials from citizens of the State of Michigan, praying appropriations for the construction of a harbor at Brest, and of a light house at Stony Point, on Lake Erie, in that State; which, were severally referred to the Committee on Commerce.

Mr. Calhoun presented the petition of the heir of William Williams, a captain in the army of the revolution, praying the commutation pay to which he was entitled; which was referred to the Committee on Revolutionary Claims.

Mr. Niles presented the petition of Esther Cleaveland, widow of Moses Cleaveland, a captain in the army of the revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. Robinson presented the petition of a number of citizens of White county, State of Illinois, praying Congress to grant a pension to Simon Hail, a soldier in the revolutionary war; which was referred to the Committee on Pensions.

Mr. Williams presented the petition of Silas Howell, a soldier of the revolution, praying to be restored to the pension roll; which was referred to the Committee on Pensions.

Mr. Williams presented the petition of William Oliver, a soldier in the war of the revolution, praying to be restored to the pension roll; which was referred to the Committee on Pensions.

Mr. Hubbard presented documents relating to the claim of John McNeil to a pension; which were referred to the Committee on Pensions.

Mr. Pierce presented the petition of William Tilton, a soldier in the war of the revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. Pierce presented the petition of William Rand, a soldier in the war of the revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. Pierce presented the petition of Samuel Collins, a soldier in the war of the revolution, praying to be restored to the pension roll; which was referred to the Committee on Pensions.

On motion by Mr. Swift,

Ordered, That the documents relating to the claim of William Coley, on the files of Senate, be referred to the Committee on Pensions.

On motion by Mr. Clay, of Alabama,

Ordered, That the documents relating to the claim of Richard Robertson, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Rives,

Ordered, That the memorial of James Barron, a captain in the navy, presented the 4th instant, be referred to the Committee on Naval Affairs, and printed.

On motion by Mr. Crittenden,

Ordered, That the documents in relation to the claim of Joseph Paxton, on the files of the Senate, be referred to the Committee of Clains.

On motion by Mr. Norvell,

Ordered, That the petition of Jedediah Hunt, presented the 5th instant, be referred to the Committee on Pensions.

Mr. Tipton submitted the following motion for consideration:

Resolved, That the Committee on Roads and Canals be instructed to inquire into the expediency of making an appropriation for the continuation of the Cumberland road, in the States of Ohio, Indiana, and Illinois.