Indiana American, Volume 2, Number 51, Brookville, Franklin County, 19 December 1834 — Page 1

(DAM OUR COUNTRY OUR COUNTRY'S INTEREST AND OlT. COUNTRY'S FRIEV'DS.

Or V. V. rLAKKSO."V.

TERM? OF THE AMERICXAV. ti in advanca $"2,r0 in six moaths; or $3,00 at t'.e expiration of tl.3 year. ic-te.I otlO'J or uire unit's, iur uui; (loinr. hmu ;; .i : r .1 ! 1 . j .-- c-'"Ui will i' cuaru mr uiua ainiuouai insertion. JiVEVrV-TlII Si I CWA'tiRESS. iVi?M!eut's Message. It is a oni tutionl provision.that "no mondrawn from the Treasury but in r t i , . cv unc? oi appropriations matte nyiaw. The palp.ible object of this provision is to prevent the expenditure of the public money, far an v purpose whatevor.whirh shall not have been first approved hv the'Representatives of the People and the States in Congress assembled. It vests the power of declaring for what purpose the public money shall be expended, in the Legislative Department of the Government, to the exclusion of the Executive and Judical, and.it is not within the constitutional authority of cither of those Departments, to pay it away without law, or to sanc- ; mvment. According to this plain 1 w I . constitutional provision the claim of the Hank can never be paid without an appropriation bv act of Congress. But the Bank has never asked for an appropriation. It attempts to defeat the provision of the constitution. and obtain payment without an act of Congress. In stead ot awaiting an appropriation pas-eu nv both Houses, and approved by the President, it makes an appropriation for itself, and invites an appeal to the Judiciary to sanction it. That the money had not technically been paid into the Treasury, does not affect the principle intended to be established by the constitution. The Executive and JiHiciarv tive as. little right to appropriate and expend N!,r l,a V money without authority of law. before it is placed to the credit of the Treasurer, as to take it from the Treasury. In the annual report of the Secretary of the Treasury, and in his correspondence with the President of the Hank, and the opinions of the Attorney (lencral accompan viugit, you will fin J a further examination of the claims of the Bank, and the course it has pursued. It seems due to the safety of the public funds remaining in that Hank,and"to the hon or of the American People, that measures be taken to separate the Government entirely from an institution so mischievous to the public prosperity, and so regardless of the Constitution and laws. Hy transferring the public deposites, by appointing other Pension Agents, as far as it had the power, by orderUrr f!ie discontinuance of the. rooipt of Hank icv7l;1v.tn?;;;.,.r:.'V 'V?- "!'.'- In r-i.. i ,, me executive a cxetysl aj its lawful authority to sever hecoIU-xu,M,.,tween the Government and tin, 'faithless corporation. i-v! !S Carc" of this in'iitution imposes upo.i the con.UuiUona, Anictionaries ot this Government, duties of the gravest and mast unpera ive character-duties wlfieh thoy a not avoid, and from which I trilst there . I be no inc , nation on the parl of t..om to shrink. My OTVI1 ,lM1S0 of . .tc.e.u.as is also my readiness todischar ge UH.5L- wnicn mav niriitu v f-i .-j -j - on me. To ronunue any mis rp b mnc ii, u i i 1 ffi. tt c;' ... : v,ri,K .v ooues mat may be avoided without uniation ot the national failb. after that in Jtilution has set at open defiance the con, e fl.l ncr 1.1 f ,r - V . ""'eriiment to examine its .w....n; aiier.t has done all in its powe r to ... ,,.,lllL .lumoniv in other resiiets . ...,nS lt into uisreptite at home and nnroad; aiter it has attempted to defeat the "expressed wiiiof the people bv turn ing agamst them the immense power intrustec . v involving a country oth erwise peaceful, nourishing, and happy. i di;sens10n,embarrassment.A-.d;,frocci Sirfnl njon itlf a parly to the degraation sedulously prepared" for its public Stents and rfrt .....u j j . 1 Annr" ," :.H lu acsirov the conti- "- '. "Kina in popular governments, vt o bring In to contempt their authority and SV'f'of temporary con- -.. o..Wu.u uC uirown out of the fion and yye should be influenced by quessuch o ;,- 11 uu lo inc nonor and preser- ". ""V1 .uie republican system Deeplv & I. ; ""''v impressed with the justice of these to rn., ft "?' .t0b.G m-V(ll,t-V recommend Jle of the public stock; that the iw ba passed nuthorizing the -herb,.,;' "V 5 thelT.nl- ,c4UIrinS the recipt, of notes of nlc mayment of public duties, shall. C ' 0nhncc with the Power reserved to K!ndn SC on f he "h: len urV t iSi 1 ""I11 tkG Bank r" to (he TreascoinS' ,VUIlhclJ5 anM that all laws heHinl I V;OVcrnmjnt or its officers with n J th tt t:r0C ' r dit!y, be repealed; ... ltl,e ,nsl,tl(on be left hereafter to its Mr.cs and "leans. resolutiorrXi5r,etI m-v mhul I think Rrsolra U?cnn I eople, that the! and Cannf kUch flow from a Tn-, cxpedion the Gre -cc all its ndrantaLp resent Bank has the Cumt knent.tho distressat some s passing t tuckr, T ,hc violence of "Na odVof our VectioiKt' liana. i Mriq resaJu,' 1(SC

ISslSIiTIB,I.f5, SiUSATVA, FRIDAY EVETLli, DECODER 19, 18S1.

who have heretofore favored esfa Mishment of a substitute for Iherpresent Uank,yvil! he induced to abandon it, as it is evidently better to incur any inconvenience that may be reasonably expected, than to concentrate Ibe whole moneyed novvcr of (he Republic in aiiv form w! intsocver, or under nnv restrictions. Happily it i: already illustrated that the agency of such an institution is not necessary to the" fiscal operations of the Government. The Slate Banks arc found fully adequate to the performance of all service, which are required of the Bank of the U. States.quile as roiiintlv. and with the same cheapness. Thev have maintained themselves, and dis charged all these duties, while the iJnn,v oi the U. States was still powerful, and in the field as an open enemy; and it is not possible to conceive thai they will find greater difficulties in' their opcrations,whcn that enemy shall cease to exist. The aitcntiou"of ;ConjrressMs earnestly invited to the regulation of the deposites in the State Hank bylaw. Although the power now exercised by the Executive Department in this behalf, is onlv such as was uniformly exerted through every Administration from the origin of the Government up to 'the estnbMimentof the present Hank, yet.it i one which is susceptible ot regulation !yl fore, ought so to be regulated iv. ami thereThe 'power ! of Congress to direct in what places the Treas- ' t urer ill keep the"inoncy in the Treasury ami to impo-e rt frictions upon tne executive liliiivii, ill it iivii;u iij uini vin.'tv uiiu 1 v- ) ii.n.t.. : i 4iwv. .mi n!.v:il.i unlimited, and its exercise will rath-! er be courted than di-coura'Ted bv those nub lie officers and agents on whom rests the n-s-j ponsibilitv for their safety. It is dosirablej that as little power as possible should be left to the President or Secretary of theTreasu-j ry over those institutions wiucii, neing laus freed from Executive influence, and without a common head to direct their opcrlions, would have neither the temptation nor the ability to interfere in tha political conliicls of the country. Not deriving their c barters from the national authorities, they would never have those induccmnts to meddle in general e lections, which'huve led the Hank of the U. states to ag.tate and convulse the country lur upwards of two years. The progress of our gold coinage is creditaide to the officers of the mint, and promises in a short pei iod to furnish the country with a sound and portal.de currency, which will j much diminish the inconvenience to travell-', ers of the want of a general paper curency, should the State'banks be incapable of fur ..:-u,; :k Tii institutions have nlrrrwli Shown thcmselra iiMiiH-lcnt louri'!ia i: and; furnish domestic exchange for the convenience of trade, at reasonable rates, and not a doubt is entertained that, in a short period, all the wants of the country in bank accommodation and exchange, will be supplied as promptly and cheaply as they have heretofore been by the Hank of the'U. Stales. If the several Stales shall be induced gradually to reformtheir banking systems, and prohibit the issue of all small notes, yvc shall, in a few years, have a currenc y as sound, and as little !;.I,I tr. 4l.,..t..f. ... il : 1 country. The Fhc report'of the,' Secretary of War, totlier yith the nrrompnnving documents n. nine several bureaux of that Department, will exhibit the situation of the various obpeels committed'to its administration. r. -i . . ' - ao event has occurred since your last sessi". i i . ihk ring necessary any movements ot the army, yvith the exception of the expedi-j iioiioi inc regiment ol dragoons into the tcr-j rnory ol (he yvandermg and predatory tribes. inhahiting tiieyvestern froniierand living ad-1 (acent to tne ..lex.c.an boundary. These tribes have been heretolore known to us principallv hv their attacks II upon our'own citizens entitled to the nroind upon other Indian tectum ot the United States. It became ne cessary for the peace of the frontiers to cheek these habitural inroads, and I am happy to inform you, that the object has been effected withourihc commission of any act of hostility. Col. Dodge, and the troops under his command, have acted with equal firmness ec hun.aniiy.and an arrangement has been made with those Indians, yvhich it is hoped yvill en sure their permancnt pacific relations with

the U. States and the other tribes of Indians quiring, in the vicinity of their residence, inupon that border. It is to be regretted that I to their history, and into the opinion enter-

fhe prevalence of sickness in that quarter has deprived the country of a number of valua-i ble lives, and particularly that Gen. Leavenworth, an officer yvcll known and esteemed for his gallant services in the late war, and for Ids Siibsevuent good conduct, has fallen a vic tim to his zeal and exealion in the discharge of his dutv. Thi armv is in a high"statc -of dissipline. Ils moral condition, so far as lhat is known here, is good, and the various branches ofthe public service, arc carefully attended to. It! is arnnlv sufficient, under its present organi-l zitim.. for nroyldino- (lie itecesriry Harrisons lor the sea-board and for the defence, of the ' . - . ... 4.

internal frontier, and also for preserving the lis !, excluding the permanent appropriation elements of m litarv kuo vledge, and for Iccc-j for the payment of military gratuities under ping pace yvith those improvements which the act of June 7. IS2. the appropriations modern experience is continually making. j id" two hundred thoii'-anc' doil irs for arming And tiiese objects appear to me to embrace, and cquiping the militia, and the appropriaall the legitimate purposes for yvhich a per-, tion of ten t lousand dollais for the civillzamancnt military force should be maintained j tion of the Indians, w ! i:h are not annually

couairv. The lessons of history teach ' Anwer.and the tendency yvhich exists ;

ted by a just caution on the part of the pub

lic itself, and of those who represented them in Congress. From the duties which devolve on the EnDepartmenl.aml upon the Topographical Engineers, a difierent organization seems , to be demanded by the public interest, and 1 recommend the subject to yourconsideratioi:. No important change has, during this season, taken place in the condition of the Indians. Arrangements arc in progress for the removal of the Creeks, and will soon be for the removal of the Scminolcs. I regret that tiie Chcrokec.s east of the Mississippi have not yet determined, as a community, to remove. How long the personal causes which have heretofore retarded that ultimately inevitable measure, will continue to operate, 1 am unable to conjecture. It is certain, however, t! 1 -,f .lol iv- wil irinrr with it acciimulaled evi s; which will render their condition more and more unpleasant. The experience of every yearjidds to the conviction, that emigration, and that alone, can preserve from destruction the remnant of the tribes yet living among us. The facility with which '.he necessaries of life are procured, and t'.ie treaty stipulations providing aid for the emigrant Indians in their nirriculiural pursuits, and in (lie important cornern oi euueauon, ana uivn removal irom inore causes "inoi iluc "oitofore depressed all and destroyed many of; ucp the tribes, cannot lad to stimulate, tions and to reward their industry The two laws passed at the j Congro: on ne su. t ot ndian Affairs. have been cani info effect, and detailed inSstructions lor their administration nave neen given. It w ill be seen by the estimate for the present session, that a great reduction will take place in the expenditures of the Departmeat m consequence oi these i,ns :uni there is reason In believe (hat their operation will be salutary, and the colonization of the Indians on the western frotier, together with a judicious system of administration, yvill stili further reduce the expenses of this branch of the public service and at the same lime promote its usefulness and efficiency. Circumstances have been recently developed, shoeing the existancc of extensive frauds under the various laws granting pensions and gratuities for revolutionary services, it is impossible io estimate the amount which may have been thus fraudulently obtained from'the r National Treasury. I am satisfied. however, it has been such as' to justify a re-ex-animation of tuej-ystcm, and the adoption of lite necessary :heck to its administration All will agree, that the services and sullenn? of tho romnnnt cf our revolutionary' baud, should be fully compensated. Hut yvl.ile this is done, every proper precaution should be taken to prevent (lie admission of fabricated and fraudulent claims. In the present mode of proceeding, the attestation and certificates of judicial officers of the various States, form a considerable portion of the checks which are interposed : against the commission of lrauds. These, 'however, have been, and may be fabricated. and in such a way as to elude detection at the examining offices. And, independently ofthis practical difficulty it is ascertained that these documents are often loosely granted; sometimes, even blank cer tificates have been issued: sometimes prepared papers have been signed yvithout inouirv l I i and m one instance at least, the seal of tne j court has been within reach of a person most i interested in its improper' application. It is

J oh ions that, under such circumstances nolrevinuc yvhich yvill result from the operations

seventy of administration can check the abase of the I aw; and information has. from time, to time, been communicated to the Pen - ! sion Otiice, questioning or deny ing the right of persons placed upon the pension list, ! the bounty of (he country. The honest veto - ran has nothing to fear from such a scrutiny. yy bile the fraudulent claimant yvill be detcct - ed,and the public treasury relieved to an a - mount. I have icason to believe, far greater; than has heretofore been suspected. Thei oeians oi sucn a pian couui ne so reguiaieu as to interpose the necessary checks, yvithout any burthersome operation upon the pensioners. The object should be two-fold. 1. To look into the original justice of the claims so far as this can be done, under a proper system of regulations, by an examina1 I r i 1 ill . 14.1 ; tion of the claimants themselves, and by intained of their revolutionary services '2. To ascertain, in all.cases, whether the original claimant is living.and this by actual personal inspection. This measure will, if adopted, be productive.! .think, ofthe desired results; and J therefore recommend it to your consideration, yvith the further suggestion that all payments should be suspended till the necessary reports are received. It yvill be seen by a tabular statement annexed fo the documents transmitted to Congross, that the appropriations for objects con nected yvith the ar Department, made at .ll . 4.l l4l the least session, lor the service ot the year renewed, amounted to the sum of nine millions three thousand twoj hundred and sixty-

that the? estimates of nppro-

priations necessary for the same branches of service for the year 1835, amount to the sum of five millions seven hundred and scventyeiht thousand nine hundred and sixty-four

dollars, making a difference in the appropri ations ot the current year over ue; i'miumi. of appropriations for the next, of three millions two hundred and twenty-four thousand two hundred and ninety-seven dollars. TIip nrmrinril causes which have operated it this time, to produce the great difference, j ire shown in the report? and documents, and in the detailed estimates. Some of the causes are accidental and temporary, while others are permanent, and, aided by the just course of administration, may-continue to operate beneficially upon the public expenditures. A just economy, expending where public, service reouires. and withholding where it does not, is among the indispensable duties of the Government. I refer you to the accompanying P.cport of the Secretary of the Tsavy, and to the documents with it, for a full view of the operations of that important branch of our services during the present year It will be seen that the wisdom and liberality with which Congress have provided for the gradual increase ol our navy material, have been seconded uy acoiresponding zeal and fidelity on the part of those to whom lias been confided the execution of the laws on the subject and that but a short

their exer- period would be now required to put in commission a force large enough for any exigency

last session ofjinlo which the country might be thrown

V hen we reflect upon our position in relation to other nations, it must be apparent, that in the event of conflicts with them, we must look chiefly to our Navy for the protection of our national rights. The wide seas which seperatc us from other governments, must of necessity be the theatre on which an enemv yvill aim to assail us, and unless we are prepared to meet him on this element, we cannot be said to possess the power requisite to repel or prevent aggressions. We cannot, therefore, watch with too much attention this arm of our defence, or cherish with too much care the means by which it can possess the necessary efficiency and extension. To this end our policy has been heretofore w isely directed to the constant employment of a force sufficient to guard or commerce, and to the rapid accumulation of the materials, which are nccessrry to repair our vessels and construct with ease such new ones as may be required in a state of war. In accordance with this policy, I recommend to your consideration the erection of the additional Dry Dock described bv the Secre tary of the Navy, and also the construction of the Steam Batteries to which he has referred r . 1 . . . . . r 4 4 .i i.m ii. c I'ui ouse ot icsung incur eiiicacv as auxiliaries to (he system of defence now in use. The Report of the Tostmaster General, herewith submitted, exhibits the condition & prospects of that Department. From that document it appears that there was a deficit in the funds of the Department, at the commencement of the present year beyond ils available means, of three hundred .and fifteen thousand five hundred and ninety nine dollais and ninety eight cents, which on the first of July last had been reduced totyvo hundred cc sixty eight thousand ninety two dollars and seventy four cents. It appears, also, that the revenues for the comingyear will exceed the expenditures about two hundred and seventy thousand dollars, yvhich, with the excess of of the current half year, mav be expected, in i dependenlly of any increase in the gross a1 mount of postages, to supply the entire deficit i before the end of IS33. Hut as this calculatoion is based on the gross amount of postages ! yvhich had accrued within the period embracled by the times of striking the balances, it is jobvious. that yvithout a progressive increase ! in the amount of postages the existing re trenchments must be persevred in through the year 1S30. that this deparfmentmay accumulatea surplus fund sufficient to place in a con dition ol perfect ease. It yvill be observed that the revenues ofthe Post Office Department, though they have in creased, acd their amount is above that of any former year, have yet fallen short of the esti mates more than a hundred thousand dollars. This is attributed in a great degree, to the in crease of free letters, groyving out of the ex tension and abuse of the franking privilege There has been a gradual increase in she num her of executive oflices to yvhich it lias been granted; and by an act passed in March, 1S33, it was extended to the members of Congress throughout the whole year, jt is believed that a revision of the laws, relative to the franking privilege, yvith some enactments to r 'ii.i . i eniorce more ngiuiy tne restrictions unuer yvhich it is granted, would operate beneficially to the contrary, by enabling " the department at an early period to retore the mail facilities lhat have been withdrawn, and to extend them more widely as the growing settlements of the country may require. To a measure so important to the Government, and so just to our constituents, who ask no exclusive privileges for themselves, and are not yviliing to concede them to others, I earnestly recommend to the serious attention of Congress. The Importance ofthe Post Office Depart- ... . 1 4 . I. : I- : . I rnent. and the magnnuue. to yvhich it has royvii. both in its revenues and its operations seem to tiemanu its reorganisation m i.n. . i I... The whole of the receipts and disbursments'

VOL..II. HTo. SI.

have hitherto been left entirely to Executive control, arid individual discretion. The principle is as found n relation to this Ss to ant other Department of the government, that as liltle discretion should be confieded to the Exec utive officer who controls it, as is compatible with its efficiency. It is therefore earnestly recommended that it be organized with an Auditor and Treasurer of its own, appointed by the President and Senate, who shall be branches of the Treasury Department Your attention is again respectfully invited to the defect yvhich exists in the Judiciary System of the United States. Nothing can be more desirable than the uniform operations of the Federal Judiciary on the same footing as members of the Union, have equal rights to the advantages and benefits resulting from its laws. This object is not attained by the judicial acts now in force, because they leave one-fourth of the states yvithout Circuit courts. It is undoubtedly the duty of Congress to place all the States on the same footing in this respect, either by the creation of an additional number of associate Judges, or by an enlargement of the circuits assigned to those already appointed, so as so include the ncyv States. Whatever may be the difficulty in a proper organization ol the judicial system, so as to secure its efficiency and uniformity in all parts of the Union, and at the same time to avoid such an increase of iudges as yvolud encumber the supreme appellate tribunal, it should not be allowed to weigh against the great injustice yvhich the present operation of the sstem produces. 1 trust that I may be also pardoned for rencwing the recommendation I have so often submitted to your a-tention, in regard to the mode of electing the President and Vice President of the United States. All the reflection I have been able lo bestow upon the subject, increases my conviction that the best ii)tercts of the country will be promoted by the adoption of some plan yvhich will secure, in all contingencies, that important right of sovereignty to the direct control of the Peo ple. Could this be attained, rind the terms of those officers be limited to a singlle period of either four or six years. I think our liberties would possess an additional safegurad. At your last session I called the attention of Congress to the destruction of the public building occupied by the Treasury Department. As the public interest requires that another building should be erected with as little delay as possible, it is hoped that the meant) yvill be seasonably provided, and that they yvill be ample enough to authorize such an enlargement and improvement in the plan of the building as yvill more effectually accommodate the public officers; and secure the public documents deposited in it from the casualties of fire. 1 have r.ot been able to satisfy- myself that ihe bill entitled "An act to improve the navigation ofthe Wabash river,' yvhich was sent fo rnc at the close of your last session, ought to pass, and have therefore withheld from it my approval, and noyv return it to the Senate, the body in which it originated. There can be no question connected with the administration of public affaires, more important or more difficult to be satisfactorily dealt with, than that which relates lo the Federal Government upon the subject of Internal Improvements. To inherent embar rassment have been added others resulting from the course of our legislation concerning it. I have heretofore communicated freely with Congress upon this subject, ajid in adverting to it again, I cannot refrain from expresing my increased conviction of its extreme importance, as yvell in regard to its bearing upon the mainlninancc ofthe Constitution, and the prudent management of the public revenue, as on account of its disturbing effect upon the harmony ofthe union. We are in no danger from violations of the Constitution by yvhich encroachments are made upon the personal rights of the citizens. The sentence of condemnation longsince pronounced by the American people upon acts of that character, will, I doubt not, continue to prove as salutary in ils effects as it is irreversible in its nature. Hut against the dangers of unconstitutional acts, yvhich, instead of menacing the vengeace of offended authority, proffer local advantages, and bring in -their train the patronage of the Government, yve are, I fear, not safe. To suppose that because our Government has been instituted for the benefit of the People, it must therefore have the power to do whatever may seem lo conduce to the public good, is an error, into yvhich honest minds are too apt to fall. In yielding themselves to this fallacy, they overlook the great considerations in yvhich the Federal Constitution was founded. They forget that in consequence of the conceded diversities in the interest and condition of the different Slates, it was foreseen, at the period of its adoption, that although a particular measure of the Government might be beneficial and proper, in one State.it might be reversed in another that it was for this reason the States would not consent to make a grant to the Federal Government ofthe general and usual powers of which they could, a3 they thought, safely anticipate: and thev forgot also the paramount obligation up on all to abide by the compact, then so solemn ly, and, as it was hoped, so firmly established. In addition to the dangers of the Constitution springing from the sources! have stateddhere I... m. 4r.4-i t'I.I4Ii u7i: i.rrr.n. trpn'ilpr Innn . mcn ..u.v.. v...... ..... .1 j all. I allude to the materials which this sub-