This, by the opposition, was considered an extraordinary representation on the part of the President, when it was considered that the government had resorted to the issue of treasury notes by millions; and had withheld more than nine millions from the states, in order to maintain its credit and continue its operations. But still more extraordinary was it, in the view of some, that all the improvements in the condition of the country should be ascribed to the agency of the general government; when it was well known that the government as such, had done little, if any more than look after its own interest. Not a measure had been adopted for the relief of the banks, except extending the time of payment of the public deposits, which the government could not collect—and nothing for the people, except postponing the payment of bonds for duties to the amount of four or five millions of dollars.

The President also renewed his recommendation of the sub-treasury, and urged its adoption on the ground, as it was then understood, of a recent remarkable defalcation of a collector in one of the principal cities of the Union. This collector, it was subsequently made known to congress by a special message, was Samuel Swartwout, collector of the customs at New York. He was appointed to the office of the customs by General Jackson, in April, 1829, during the recess of the senate. On the 29th of March, 1830, he was nominated to the senate, and confirmed for four years. In 1834, he was appointed again. His term expired in March, 1838. To the nation this defalcationwas surprising and distressing, and the more startling, as from the secretary’s report it appeared, that during the whole time of Mr. Swarlwout’s continuance in office, no suspicions had been excited at the treasury, that he was guilty of default. Yet, on investigation, it appeared that his peculations began with the first year of his holding the office, and continued to roll up rapidly to the close. It amounted to about one million and a quarter of dollars.

On the 26th of February, a message from the President was transmitted to congress, in relation to difficulties which existed between Maine and “the disputed territory.” Portions of this territory were under the actual jurisdiction and sovereignty of the British authorities, and other portions was under the jurisdiction and sovereignty of the State of Maine. Pending the negotiations between the government of the United States and that of Great Britain, for a final adjustment of the question, it seems to have been understood by the State of Maine, that the actual state of things in the territory was to remain undisturbed—Great Britain exercising her sovereignty where she already held it, and Maine doing the same. It appears, however, that a numerous band of depredators, chiefly from the adjoining British provinces, but without the sanction of their own government, entered on a part of the territory actually held by the State of Maine, and proceeded to cut down and destroy the timber. The governor of Maine, on being apprised of this fact, and under a special resolve of the legislature, despatched the land agent of the state, with what was deemed a sufficient force to repel the aggression. While the agent was proceeding in the accomplishment of his duty, he was seized by the trespassers and conveyed a prisoner into the province of New Brunswick. Thereupon, the governor of Maine dispatched a sheriff, and an officer appointed in place of the land agent, with an armed force, to vindicate the authority and honor of the state. Sir John Harvey, the lieutenant-governor of New Brunswick, took fire, and a warm, if not an angry, correspondence ensued between him and the governor of Maine. The whole country, both on the side of Maine and in the British provinces, was thrown into a state of intense excitement; troops were raised and other hostile preparations made by both parties, and every thing seemed to threaten an immediate collision. In this crisis of affairs, the President of the United States transmitted a special message to congress, inviting their attention to the subject; and Major Gen. Scott received orders to repair to the scene of threatened hostilities, for the purpose of arresting any hostile movement, until an opportunity could be afforded for the two governments to treat upon the matter in dispute. The message to congress resulted in the passing of the act before mentioned, conferring additional powers on the President, and General Scott soon succeeded in restoring the quasi belligerents to a more amicable temper, and in effecting a temporary adjustment of the immediate difficulties. The military forces were to be withdrawn, and a small civil posse was to be left under the land agent to protect the timber, already cut, and to prevent further depredations, and the questions of possession and jurisdiction, were to remain as they were before the strife began.

During the third session of the twenty-fifth congress, an event occurred which excited the sensibilities of the whole nation, and called forth expressions of decided disapprobation from the candid of all parties. This was a duel fought with rifles near the city of Washington, between Jonathan Cilley and William J. Graves, both members of the house, the former from Maine,the latter from Kentucky. On the third fire, Mr. Cilley fell, mortally wounded.

The remains of the murdered man were attended to the grave by the President, the heads of departments, the members of both houses of congress, and a large concourse of citizens. The judges of the Supreme Court, then in session, were invited to attend the funeral. Most honorable to themselves, and honorable to the exalted stations they held, they entered upon their record the following resolves:

Resolved, That the justices of the Supreme Court entertain a high respect for the character of the deceased, sincerely deplore his untimely death, and sympathize with his bereaved family in the heavy affliction which has fallen upon them.

Resolved, That with every desire to manifest their respect for the house of representatives, and the committee of the house by whom they have been invited, and for the memory of the deceased, the justices of the Supreme Court cannot, consistently with the duties they owe to the public, attend in their official characters the funeral of one who has fallen in a duel.

Resolved, That these proceedings be entered on the minutes of the court, and that the chief justice inclose a copy to the chairman of the committee of the house of representatives.

The above tragical event justly excited the indignation of the nation. From every quarter a demand was made for some law to prevent such “wickedness in high places.” At length, a bill for an act was reported by a committee appointed for that purpose, which passed by a vote of one hundred and ten to twenty-one. The first section provided, that if any person shall, in the District of Columbia, challenge another to fight a duel, or accept a challenge, or shall knowingly carry a challenge to fight a duel in or out of the District of Columbia; and such duel shall be fought in or out of said district, and either of the parties shall be slain or mortally wounded, the surviving party and others connected, shall, on conviction, be punished by imprisonment and hard labor in the penitentiary for a term not exceeding ten years.

A second section provided, that the mere challenge, or aiding and abetting a challenge, which resulted in no duel, should be punished as above, for a term of five years.