he 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.

M. VAN BUREN.

SPECIAL MESSAGES.

WASHINGTON, _December 6, 1838_.

_To the Senate and House of Representatives of the United States_:

The act of the 1st July, 1836, to enable the Executive to assert and
prosecute with effect the claim of the United States to the legacy
bequeathed to them by James Smithson, late of London, having received
its entire execution, and the amount recovered and paid into the
Treasury having, agreeably to an act of the last session, been invested
in State stocks, I deem it proper to invite the attention of Congress
to the obligation now devolving upon the United States to fulfill the
object of the bequest. In order to obtain such information as might
serve to facilitate its attainment, the Secretary of State was directed
in July last to apply to persons versed in science and familiar with the
subject of public education for their views as to the mode of disposing
of the fund best calculated to meet the intentions of the testator and
prove most beneficial to mankind. Copies of the circular letter written
in compliance with these directions, and of the answers to it received
at the Department of State, are herewith communicated for the
consideration of Congress.

M. VAN BUREN.

WASHINGTON, _December 7, 1838_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives reports[38] from the
Secretary of State and the Secretary of the Treasury, with accompanying
documents, in answer to the resolution of the House of the 9th of July
last.

M. VAN BUREN.

[Footnote 38: Transmitting communications, papers, documents, etc.,
elucidating the origin and objects of the Smithsonian bequest and the
origin, progress, and consummation of the process by which that bequest
was recovered, etc.]

WASHINGTON, _December 8, 1838_.

_To the Senate and House of Representatives of the United States_:

I herewith transmit a special report made to me by the Secretary of the
Treasury, for your consideration, in relation to the recently discovered
default of Samuel Swartwout,