Indiana Palladium, Volume 5, Number 51, Lawrenceburg, Dearborn County, 26 December 1829 — Page 2

To relate its conduct so as lo pro

taote equally the prosperity of these three cardinal interests, id one of the most difficult tasks of Government, and it may be regretted, that complicated re strictions which now embarrass the inter course of nations, could not, by common consent, be abolished, and commerce al Imvpd to flow in those channels to which individual enterprise always it surest guide might direct it. But we must ever expect selfish legislation in other nations, and are, therefore, com pelled to adapt our own to their regula tions, in the manner, best calculated to avoid serious injury, and to harmonize the conflicting interests in our ngriculture, our commerce and our manufactures. Under these impressions, I invite your attention to the existing Tariff, believing that some of its provisions require modification. The general rule to be applied in graduating the duties upon articles of foreign growth or manufacture, is that which will place our own in fair competition with those of other countries; and the inducements to advance even a step beyond this point, are controlling in regard to those articles which are of primary necessity in time of war. When we reflect upon the difficulty and delica cy of this operation, it is important that it should never be attempted but with the utmost caution. Frequent legislation in regard to any branch of industry, affecting its value and by which its capital may be transferred to new channels, must always be poductive to ha zardous speculation and loss. In deliberating, therefore, on these in teresting subjects, local feelings and prejudices should be merged in the patriotic determination to promote the great interests of the whole. All attempts to connect them with the party Conflicts of the day, are necessarily in juri us, and should be discountenanced. Our action upon them should be under the control of higher and purer motives. Legislation subjected to such influences can never be just, and will not long retain the sanction of a People, whose ac tiv' patriotism, is not bounded by sec tional limits, nor insensible to that spirit of concession and forbearance, which gave life to our political compact, and still sustains it. Discarding all calcula tionsof political ascendency, the North, the South, the kast,and the West, should unite in diminishing anv burthen, of which either may justly complain. The agricultural interest of our country is so essentially connected with every other, and so superior in importance to them all, that it is scarcely necessary to invite to it your particular attention. It is principally as manufactures and agricultural productions, and to extend their application to the wants and comforts of society, that they desire the fostering care of Government. Looking forward to the period, not far distant, when a sinking fund will no longer, be required, the duties on those articles of importation which cannot come in competition with our own productions, are first that should engage the attention of Congress in the modification of the tariff. Of these, tea and coffee are the most prominent: they enter largely into the consumption of the country, and become articles of necessity to all classes. A reduction, therefore, of the existing duties will be felt as a common benefit ; but like all other legislation connected with commerce, to be efficacious, and not injurious, it should be gradual and certain. The publicprosperity is evinced in the increased revenue arising from the sales' of public lands, and in the steady maintenance of that produced by imports and tonnage, notwithstanding the additional duties imposed by the act of 19th May, 1820, and the unusual importations in the early part of that year. The balance in the Treasury on the 1st of January, 1829, was five millions nine hundred and seventy-two thousand four hundred and thirty five dollars and eighty one cents,- The receipts of tin current year arc estimated at twentyfour millions six hundred and two thou sand tso hundred and thirty dollars; and the expenditures for the same time at twenty frix millions one hundred and sixty four thousand five hundred and ninty five dollars; leaving a balance in the Treasury on the 1st of January next, of fjur millions foarhundred is ten thousand ond seventy dollars and eighty one cents. There will have been paid, on account cf. the public delit, during the present year, the sum of twelve millions four hundre d and five thousand and five dol lars and eighty ce..!s; reducing the whole debt of tne Government, on the first of January next, to lorty eight mil lions five hundred and sixty five thousand four hundred and six dollars and fiftv cents, including seven millions of five pei cent, stock subscribed to the bank of the United Stales. The payment on ac count of the public debt, made on the first of July lust, whs eiqht millions sev en hundred and fifteen thousand four hundred and sixty two d-llars and eigh ty seven cents. U was apprehended tha the sudden withdrawal of so lartre a sum fiorn the banks in which it was deposi fed, at a time cf ungual pressure in the

- .money market, might cause much injury

to the interests dependent on nam accommodations. But this evil was wholly averted by an early anticipation of it at the Treasury, aided by the judicious arrangements of the officers of the Bank of the United States. This state of the finances exhibits the resource of the nation in an aspect highly flattering to its industry, and auspi cious of the ability of Government, in a very short time, to extinguish the public debt. When this shall be done, our po pulation will be relieved from a consid erable portion of its present burdens; and will find, not only new motives to patriotic exertion, but additional means for the display of individual enterprise. The fiscal power of the States will also be increased, and may be more extensive ly exerted in favour of education and other public objecls; while ample means will remain in the Federal Government to promote thegenaral weal, in all the mode3 permitted to its authority, After the extinction of the public debt, it is not probable that any adjustment of the tariff, uppn principles satisfactory to the People of the Union, will, until a remote period, if ever, leave the Government without a considerable surplus in the Treasury, beyond what may be required for its current services. As then the period approaches when the application of the revenue to the payment of debt will cease, the disposition of the surplus will present a subject for the serious deliberation of Congrc. ; and it may be fortunate f r the country that it is yet to be decided. Considered ii connection with the difficulties which heretofore attended appropriations for purposes of internal improvement, and with those which this experience tells us will certainly arise, whenever power over such subjects may be exercised by the General Government, it is hoped that it may lead to the adoption of some plan which will reconcile the diversified interests of the St te, and strengthen he bonds which unite them. Every mem ber of the Union, in peace and in war, will he benefitted iy the improvement of inland navigation and the cons ruction ofhighways in the several States. Lei us then endeavor to attain this benefit in anode which will be satisfactory to all. That hitherto adopted has, by many of our fellow cit'zens, been.dcprecated as ai infraction of the Constitution while bj others it has been viewed as inexpedient. All feel that it has been employed at the expense of harmony in the legislafive councils. To avoid these evils, it appears to me that the most safe, just, and federal dis position which could be made of the sur plus revenue, would be its apportionto their ratio of representation; and should this measure not be found warranted by the Constitution, that it would be expedient to propose to the States an amendment authorizing it. F regard an appeal to the source of power, in case of real doubt, and where its exercise is deemed indispensible to the general wel fare, as among the most sacred of alh obligations. Upon this country, more than any other, has, in the providence of God, been cast the special guardianship of the great principle of adheranee to written constitutions. If it fail here, all hope in regard to it will be extinguished. That this was intended to be a government of limited and specific, Si not general powers, must be admitted by all; and it is our duty to preserve for n the character intended by its frames. jlf e3p enence points out the necessity for an enlargement of these powers, let us apply for it to those for whose benefit it is to be exercised, and not undermine (he whole system by ct resort to overstraiued constructions. The schemehas worked well. It has exceeded the hopes cf tho-;e who devised it, and becoms an object of admiration to the world. We are responsible to our country, and to the glorious cause of self-government for the preservation of so great a good. Thej great mass or legislation relating loour intern;.! affairs, was intended to be left where the Federal Convention found it in the State Governments. N thing is clearer, in my view, than that we are chiefly indebted for the success of the Constitution under wnich we are now acting, to the wachful and auxiliary operation of the State au!honiies. This is not the rejection of a day, but belor gs to the most deeply rooted convictions ofi mv mind. 1 cannot, therefore, too strong ly, or too earnestly, for my own sense of its importance, warn you against all encroachments upon the Legi'imate sphere of State sovereignty. Sustained by its healthful and invigorating influence, the Federal system can never fall. la the collection of the revenue, the long credits authorized on good- impor led from heyopd the Cape of Good Hope are the chief cause of the losses ai present sustained. If these were shortened to six, nine, and twelve months und warehouses provided by Government, sufficient to receive the goods offered in ideposite for security and for debenture; and it the right ot the United States to a priority of payment out of the estates, of insolvent debtors, were more effectually secured, this evil would in a great measure be obviated. A.n authority to

construct such houses is therefore, with

the proposed alteration of the credits recommended to your attention. It is worthy of notice that the laws for the collection and the security of the revenue arising from imports were chiefly framed when the rales of duties on imported goods presented much less temp tation for elicit trade than at present ex ists. There is reason to believe, that the?e laws are in some respects, quite insufficient for the proper security of the revenue and the protection of the interests of those who are disposed to observe them. The injurious and demoralizing tendency of a successful system of smuggling, is so obvious as not to require comment, and cannot be too carefully guard ed against. I therefore suggest to Congress the propriety of the adopting effi cient measures, to prevent this evil, avoiding however, as much a3 possible, every unnecessary infringement of individual liberty, and enabarrassment of fair and lawful business. O i an examinaJion cf the records of the Treasury, I have been forcibly struck with the large amount of public money which appears to be outstanding. Of the sums thus due from individuals to the Government, a considerable portion is undoubtedly desperate and in many instances, has been probably rendered so by remissness in the agents charged with its collection. By proper exertions, a great part however, ma) be recovered ; and, whatever ma be the portions respectively belongi ,g io three two classy it behoves the Government to ascertain the real state of the fact. This can be done only by the prompt adoption of judicious measures for the collection of such as may be made available. It is believed that a very large amount has been lost through the indequacy of the means provided for tho collection of debts due the public, and that this inadequacy lies ciiit'in iiiuiv v mil urii-gtw sRiiiyuauiiuciiiy and constantly employed in the direction of the agents engaged n the service. It must, ! think, bo admitted, that the supervisory power over suits brought by the public, which is now vested in hl ac counting officer of the Treasury, no selected with a view to legal knowledge, and encumbered as he is with numerous other duties, operates unfavorably to the public interest. It is important that this branch of the public service should be subject to the supervision of such professional skill as till give it efficiency. The expense attendant upon such a modification of the Executive Department would be justifi ed by the soundest principles ofeconomv. I would recommend, therefore, that the duties now assigned to the Agent of the Treasury, so far as they relate to the superintenderr and maniiemunt of legal proceedings, on the pan of the United States, be transferred to the Attorney General, s that this officer be placed on the same footing, in all respects, as the heads of the other Departments receiving alike compensation, and having such subordinate officers provided for his Department, a3 may be requisite for the discharge of these additional duties. The professional skill of the Attorney General, employed in directing the conduct of Marshals and District Attorneys would hasten the collection of debts now in suit, and, hereafter gave much to the Government. It might be further extended to the superintendence of all criminal proceedings for offences against the United States, In making this transfer great care should be taken, however, that the power necessary to the Treasury Department be not impaired: one of its greatest securities consisting in a control over all accounts, until they are audited or reported for suit. In connection with the foregoing riews I would suggest, also, an inquiry, whether the provisions of the act of Congress, authorizing the the discharge of the persons of debtors to the Govern ment, from imprisonment may not, conpisently with the public interest, be extended to the release of the deht, where the conduct of the debtor is wholh exempt from the imputation of fraud. Some more liberal policy than that which now prevails, in reference to this unfortunate class of citizens, is certainly due to them, and would prove beneficial to the country . The continuance of the liability, after the means to discharge it have been csiusled, can only serv to dispirit the debtor; or where his, resourees are but partial, the want ot power in the government to compromise and release the demand, instigates to fraud, as the only resource for securing a support to his family. He th'j sinks into a state of apathy, and becomes a osele?s drone in society, or a vicious member of it, ifnot a feeling witness of the rigor & inhumanity of his country. All experience provs, that oppressive debts is the bane of enterprise; and it fhould be the care of a republic not to exert a grinding power over misfortune and poverty. Since the last session of Congress, numerous frauds on the Treasury have been discovered, which I thought it my duty to bring under the cognizance of the United Stales Court for this district, by a criminal prosecution. It was my opinion, and that of able counsel who were consulted., that the case came with-

tin the penalties of the act cf the 17th

Congress, approved 3d March, 1523, pro vidmg for the punishment ol Irauds committed on the Government of the U. States. Either from some defect in the law or in its administration, every effort to bring the accused to trial under its provisions proved ineffectual; and the Government was driven to the necessity of resorting to the vague and inadequate provisions of the common law. It is therefore my duty to call your attention to the laws which have been passed for the protection of the Treasury. If, indeed, there be no provision by which those who may be unworthily entrusted with its guardianship, can be punished for the most flagrant violation of duty, extending even to the most fraudulent appropriation of the public funds to their own useit is time to remedy so dangerous an omission. Or, if the law has been preverted from its original purposes, and criminalsjdeserving to be punished under its provisions, have been rescued by legal subtleties, it ought to be made so plain by amendatory pro iskns,as to baffle the arts of perversion, and accomplish the ends of its original enactment. In one of the most flagrant case3 the court decided that the prosecution was barred by the statute which limits pro secution for fraud to two years. In this case all the evidences of fraud, and indeed all knowledge that a fraud had been committed, were in the possession of the accused, until the two yeais had elapsed. Surely the statute outiht not to , run in favor of any man while he retains all the evidences of his crime m his own possession; and, last of in favour of a pu'olic o'.iicer who rc -- u u to defraud the Treasary and v. uu transaction for the brief ;c ; -year?. 1 would ih.r ;ve u a; such an alteration oi t'fe s,. t ..; u. the injured party ar-d the x--two years after the di?ctooi! .:' fraud, or after t he accused is oui ill io coivlt!' nee their pfi.-secuiions. hi conn- xion a hh this siifr j ct, I mvii the attention ol Congress to a genei.u an-1 minute inquiry into ihe condition ; lie Governmeni ; with a view to asCM tarn what cilice a can be dispensed nil; , what expenses retrenched, and whai improvements may be made in the organization cf its various parts, to secure thproper responsibility of public ag- nts, &, promote efficiency and justice in all l operations, The report of the Secretary of war, will make you acquainted with the condition of our army, fortifications, arsenals, and Indian affairs. The proper discipline of the Aim, the trainu g and equipment of the Militia, the education bestowed at West Point, and the accumulation of the means of defence, aj.q li cable to the Naval force, will tcuu u. prolong the peace we now enjoy, ami which every good citizen moie especially those who have felt the miseries of even a successful warfare must ardent ly desire to perpetuate. The returns from the subordinate branches of this service exhibit a regu larity and order highly creditable to its character; both officers and soldiers seem imbued with a perfect sense of duty, and conform to the restraints of exsct discipline with that cheerfulness which becomes the profession of arms. There is need-, however, of further legislation, to obviate the inconve.nienciea specified lithe report under consideration: to some of which it is proper that I should ch your particular attention, The act of Congress of the 2d March 1821, to reduce and fis the military! establishment, remaining uncxei uit d as it regards the command of one of thei regiments of artillery, cannot now he deemed a guide to he Eirculive in ma kirg the proper appointment. An explanatory act, designating the clast of r fiicers out of i hich this grade is t be till- d whether from the militai list, as t xistu.g prior to the act of 1C21, or from it, as it has been fix d by that art twould r. move this difficulty h is also important that the laws, regulating the pay and t moluments of officers generally should be more specific than they now are. Those, for example, in relation to the Paymaster and Smgeon General,! assign to them an annual salary of two thousand five hundred dollars; but are silent a to allowances which, in certain

X'genfts of the service, may be deemediCharter. and subseauentiv remfmised in

it dispensihle (o Ihe discharge of thrirUhe treaty of peace she has ever since

auues. i nis circumstance nas oeen the continued to enjoy, except as they have authority for extending to them various been circumscribed by her own volunallowances, at different times, under for- tary transfer of a portion of her territo-

n er administrations; but no uniform rule has been observed on this subject. Similar inconveniencies exist in other cases; in which the construction put upon the laws by the public accountants may operate unequally; produce confusion, and j expose officers to the odium of claiming what is not their due. I recommend to your fostering care as one of our safest means of national defence, the Military Academy. This

institution has already exercised theldependent Government within their

happiest influence upon the moral andj State? and unless they did, would it not intellectual character of our army, and'be the duty of the General Government such of the graduates as, from variousito support them in resisting such a meacauses, may not pursue the profession of; sure? Would the People of New York

arms, will be scarcely less useful as citi zens. Their knowledge of the military art will be advantageously employed in

the militia service; and in n mcn irt secure to that class of troops Ihe advantages which, in this respect, belong io standing armies. 1 would also suggest a icview of the Pension law, for the purpose of extending its benefits to every Revolution." ry soldier who aided in establishing Or liberties, and who is unable to maintain himself in comfort. These relics of Ihe War of Independence have strong claims upon their country's gratitude & bounty The law is defective, in not embracing within its provisions all those who were, during the last war, disabled from supporting themselves by manual labor Such an amendment would add but little to the amount of pensions, and i? called for by the sympathies of the People, as well as by considerations of sound

policy. It will be perceived that a larga addition to the list of pensioners ha been occasioned by an order of the late administration, departing materially from the rules which had previously prevailed. Considering it an act of legisla-. lion,lsuspended its operationsas soon as was informed that it had commenced. Before this period, however, applications under the new regulations had been preferred to the number of one hundred and fifty four: of which, on lht 27th of March, the date of its revoeaJ J (ions, eighty seven were admitted. Fuf he amount, there was neither estimate nor appropriation; and besides this deficiency, ihe regular allowance?, ai cording lo the rule.-' which have heretofore governed the Department, exceed the estimate of its late Secretary, by about fifi th usand dollars: for which an api ropi iation is adiod. Your particular attrntiari is requested to that part of ine report of the Secretaof War which relates to the money o ld i f trust for the Seneca tribe of Indian. 1 will ht p rceiid that, withut I giclaiiv" am, ihe Executive cani obviate the ( mbanartments occa- - -t ed by ihe diminution cf ths divi Si'ite on that fund; which originally am unit d to ore hundred thousand dolJ i, and has recently been vested in J ?t' 1 States three per cent, stock. Trie condition and ulterior destiny of" die Indian Tribes within the limits of -ome of our States, hav e become objects of much interest and importance. It nas long been the policy of Government to introduce among .hem the arts of civilizaiion, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been-coupled' .t it h another, wholly incompatible with iis success. Professing a desire tn civilize and settle them, we have, at the amp time, lost no opportunity to purchase iheir lands, and thurst them further into the wilderness. By xlhis means hey have not only been kept in a wandering state, but been led lo look upon . us as unjust and indifferent to their fate Thu?, though lavish in its expenditures upon the subject, Government has con- . stantly defeated its own policy; and the Indi ans, in general, receding further and further io the West, have retained their savage habits. A portion, howev er, of the Southern tribes, having mingled much with the whites, and made some progress in the arts of civilixed life have lately alternated to erect an inde pendent government, within the limits of Georgia and Alabama. These States claiming to be the onl) Sovereigns within their territories, ex'ended their lawr over the fndians; which induced the latter to call upon the United States for protection. Under these circumstances, tbp question presented was, whether the General Government had a right to frutairv those people in their pretensions? The Constitution di-clares, that "no new Slate ehall be formed or erected within the jurisdiction of any other Site,,r without the consent of its legislature. It the General Government is not nermilled to tolerate the erection of a i onfederate State within the territory of one of the members cf this Union, against her consent ; much less could it allow a foreign and independent govern ment to establish itself there. Georgia be came a member of the Confederacy which eventuated m our Federal Union? as a sovereign State, always asserting her claim to certain limits; which ha ing been originally denned in her colonialtary transfer oi a portion ry to the united States, in the articles of cession of 1802. Alabama was admit ted into the Union on the same footingwith the original States, with bounda nes wnicn were presenced oy Congress. There is no constitutional, conventional, or legal provision, which a Slows them less power over the Indians within their borders, than is possessed by Maine or New York. Would the People of Maine permit the Penobscot tribe to erect an inpermit each remnant of the Six Nations within her borders, to declaie itself an independent people under, the prolec,