Western Times, Volume 2, Number 15, Richmond, Wayne County, 17 December 1829 — Page 2

riculture, 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 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 ol primary necessity m time of war. When we reflect upon the difficulty "fcnd delicacy of this operation, it is important that it should never be attempted but with the utmost caution. Frequent legislation in regal'd to any branch of industry, effecting its value, and by which its capital may be transferred to new channels, must Biways be productive of hazardous specu lation and loss.

In deliberating, therefore, on these interesting snbjects, local feelings and prejudices should be merged into patriotic determination to promote the great interests of the whole. AH attempts to connect them with the party conflicts of the clay, are necessarily injurious, and should be discountenanced. Our action upon them should be under the control of higher and purer niotives. Legislation, subject to such influences, can never be just and will not long retain the sanction of a people, whose active patriotism is not bounded by sectional limits, nor iosensible to that spirit of concession and forbearance,which gave life to our political compact, and still sustains it. Discarding all calculations of political ascendency, the North, the South, the East and the West, should unite in diminishing any burthen, oi 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 commerce tend to increase the value of agricultural productions, and to extend their application to the wants and comforts of society, that they deserve the fostering care of Government. Looking forward to the period not far distant, whaa a sinking fund will no longer be the duties on those articles of importation which cannot come in competition with our own productions, are the first that should engage the attention of Congress in the modification of the tariff. Os them, tea and coffee are the most prominent: they enter largely into the consumption of the country, and have 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 public prosperity is evinced in the increased revenue arising from the •ales of the public lands & in the steady maintenance of thai produced by imposts and tonnage, notwithstanding the additional duties imposed by the act of 19th May, I*2B, find the unusual importations in the early part of that year. The balance in the Treasury on the lstof January,4B29, was five millions nine hundred and seventy-two thousand four hundred and thirty-five dbllars and eighty-one cents. The receipts of the Current year we estimated at twentyfour millions .six hundred and two thousand twjiihundred and thirty dqllarrf; and the expenditures for the same time at twenty-six millions one hundred and sixty-four thousand five hundred and ninety five dollars; leaving a balance in the Treasury on the Ist of January next of four millions four hundred apd ten thousand and seventy dollars and eighty-one cents. t There will have been paid on ac count of the public -debt, “during the present year the sum of twelve millions four hundred and five thousand and five dollars and eighty cents; reducing the whole debt of the Government, on the first of January next,iho forty-eight millions five hundred and sixty five thousand four hundred and six dollars and fifty centß, including seven millions of five per cent 6tock, subscribed to (he Bank of the United- States. The payment on account of the public debt, made on the first of July last, was eight millions seven hundred and fifteen thou, sand four hundred and sixty-two dolfars and eighty-seven cents. It was apprehended that the sudden withdrawal of so large a sum from the banks in which it was deposited, at a time of unusal pressure in the money market, might cause much injury to the interests dependent on bank 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 tho Bank of the United States. - .;mm This state of the finances exhibits the resources of the nation in an aspect highly fluttering to its industry and aus picious of the ability of Government, in a very short time, to extinguish the public debt. When this shall he done, our population will he relieved from a considerable portion ofrjU present burthens: and will find, not only new motives to patriotic affection, but additionpi means sos the display of individual enterprise. The fiscal power of the

States will also be increased, and may be more extensively exerted in favor of education and other public objects; while ample means will remain in the Federal Government to promote the general weal, in all - the modes permitted to its authority. After the extinction of the public debt, it is not probable that any adjustment of the tariff, upon 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 service. As then the period approaches when the Application of the revenue to the payment of debt will cease, the disposition of the surplus will piesent a subject for the serious deliberation of Congress; and it may be fortunate for the country that it is yet to be decided. Considered in connexion with the difficul-

ties which have heretofore attended appropriations for puposes of internal improvement, and with those which this experience tells us will certainly arise, whenever power ever such subjects may be exercised by the General Government, it is hoped that it may lead to the adoptioir of some plan which will reconcile the diversified interests of the States, and strengthen the bonds which unite them. Every member of the Union, in peace and in war, will be benefitted by the improvement of inland navigation and the construction of high ways in the several States. Let us then endeavor to attain the benefit in a mode which will be satisfactory to all. That hitherto adopted has, by many of our fellow citizens, been deprecated as an infraction of the Constitution, while by others it has been viewed as inexpedient.— All feel that it has been employed at the expense of harmony in the legislative councils.

To avoid these evils, it appears' to me that the most safe, just, and federal disposition which could be made of the surplus revenue, would be its apportionment a mong the several States according to 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. I regard an appeal to the source of power*, in cases of real doubt, and where its exercise is deemed indispensable to the general welfare, as among the most sacred of all our obligations. Upon this country,more than any other, has, in the providence of God, been cast the especial

guardianship of the great principle of adherence to written constitutions. If it fails here, all hopes in regard to it, will be extinguished. That this was intended to be a Government of limited and specific, and not general powers, must be admitted

by all *, and it is our duty to preserve for it the character intended by its framers. If experience points out the pwtwiij An- mr enlargement of these powers, let us apply for it to those for whose benefits it is to be exercised; and not undermine the whole system by a resort to overstrained constructions . The scheme has worked well. It has exceeded the hopes of those who devised it, and become an object of admi ration to the world. We are responsible

to oar country, and to tbe glorious cause of self government, for the preservation of so great a good. The great mass of legislation relating to our internal affairs, was intended to be left where the Feberal Convention found it—in the State Governments. Nothing is clearer, in my view than that we are chiefly indebted for the success of the Constitution under which we

are now acting, to -the watchful and auxiliary operation of the State authorities.— This is not the reflection of a day, but belongs to the most deeply rooted convictions of my mind. 1 cannot therefore, too strongly, or too earnestly for my own sense of its importance, warn you against all encroachments upon the legitimate sphere of State Sovereignty. Sustained by its healthful and invigorating influence, the Federal system can never fall.

In tbe collection of the revenue, tbe long credits authorized on goods imported from beyond the Cape of Good Hope are the cause of the losses at present sustained.' If these were shortened to six, nine and twelve moths, and warehouses provided by Government, sufficient to receive tbe goods offered in deposite for security and for debenture; and if the right of the United States to a propriety of payment out of the csstates of its insolvent debtors were more effectually secured, this evik would, in a great measure, be obviates. Ao authority to construct such bouses, 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 security of tbe revenue arising from imposts were chiefly framed when the rates of duties on imported goods presented much less temptation for illicit trade that at present exists. There is reason to believe, that these laws are, in some respects, quite insufficient for the proper security of the revenue, and the protection of Tne interests oflhose 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 guarded against. I therefore suggest to Congress the propriety of adopting efficient meausures to prevent this evil; avoiding, however, as much at possible,every unnecessary eu*

coumgernentof individual liberty, and embarrassment of fair and lawful busiji| \,* 5 ' ' .V. nsiination of (be records of the jr, 1 have been forcibly struck Urge ain’t of public fuony that appears t# be outstanding. Os the sum thus due from individuals lo the Gov-

ernment, a considerable portion is undoubtedly desperate: and in many instances, bis probably been rendered so by remissness in the agents charged with its collection. By proper exertions, a great part, however, may yet be recovered; and, whatever may be the portions respectively belonging to these two classed, it behoves the Government to ascertain the real state of the fact. This lean be done only by the prompt adoption of judicious measures for the collection of such as may lie made available. It is believed that a very large amount hfis beer lort through the inadequacy of foe means provided sos the collection of debt due to the public, and that this inadequacy, lies chiefly iu the want oif legal skill, habitually and constantly employed in the direction of the agenfi engaged in the service. It must, J think, he admitted, that the supervisory power over suits brought* by the public,which is now vested in an aceounting officer of the Treasury, not selected With a view to his legal knowl edge, and encumbered as he is with nu merous other duties, operates unfavofa bly to the public interest.

It is important that this branchof the public service should be subjected to the supervision of such professional skill as • ill give }t efficiency. The expense at tendartupon such a modification of the Executive Department would be justified by the soundest principles of economy. I would recommend, therefore, •hat the. duties non assigned to the Aedt of the Treasury, to far as.they relateto tbe superin tendance 4- manage meot of legal proceedings, on the part of the United Slates, be transferred to the Attorney General and that this offi-

cer he placed on the same footing, in all respects, as the Heads of the other Departments—receiving like compensation, and having such subordinate officere provided for his department, as may be requisite for the discharge of these additional duties. The professiooal BkiU 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, save much to the Government. It might be further ex* 4<uUd to, (be superintendence of all criminal proceedings for offencesagainst 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 coitrol over all accounts, until they are audited or reported for suit. Id cotpexionfwitb the foregoing views I woull suggest also, an inquiry, whether the jrovisions of the act of Congress, authoreing the discharge of the persons of debtors to the Government, from imprisonment, may not, consistently with the putjlic interest, be extended to the release*©! the debt, where the conduct of the debtor is wholly exempt from the imputation of fraud. Some more liberal policy than 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 exhausted, can only serve to dispirit the debtor; or, where his resources are hut partial, the want of power in the Government to compromise and release the demand, instigates to fraud, as the only resource for securing n state of apathy,and becomes a useless drone in society, or a vicious member of it, if not a feeling witness of a rigor and inhumanity of bis country. All experience proves, that oppressive debt is the bane ofenterprise; and it should be the care ofa Republic not to exert a grinding power over misfortune and poverty. Since the last session of Congress, numerous frauds oa the Treasury have been discovered, which / thought it my duty to bring under the cognizance of the United States’ Court for this district, by a criminal prosecution. It was my opinion, and that of able counsel who were consulted, that the cases came within the penalties of the act of the 17th Congress, approved 3d March, 1823, providing for the punishment of frauds committed on the government oi the Uoited States- Either from some defect in the law or in its ad ministration every effort to bring the accused to trial underits provision .proved ineffectual; andtheGovernmeht was driven I to the necessity of resorting lo the vague and inadequate provisions of the com* moo la#. 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 fla-

grant violation of duty, extending even to the most fraudulent appropriation of the public funds ty4heir own use, it is time to remedy so dangerous an omission. Or, if the law has been perverted from its original purposes, and criminals, deserving to be punished under Its provisions, have been rescued by legal subfoltiee, it ought to be made so plain, by amendatory provisions, as to baffle the arts of perversion, and accomplish

the ends of its original enactment. In one of She most flagrant cases, the Court decided that the prosecution was barred by the statute which limits prosecution 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 possession of the party accused, until after the two years bad elapsed. Surely the statute ought not to run in favor of any man while be retains all the evidences of his crime in bis owfi possession; and, least of all, in favor of a public officer who continues to defraud the Treasury and conceal the transaction for the brief term of two years. I wduld therefore recommend such un alteration of the law as will give the injured party and the Government two'years after the disclosure of the fraud, or after the accused is out of office, to commence their prosecution. In connexion with this subject, I invite the attention of Congress to a general and minute inquiry into the condition of the Government; with a view to ascertain what expenses retrenched, and what improvements may be made in tbe organization of its various parts, to secure the proper responsibility of public agents, and promote efficiency and justice in all its operations. Tbe report of the Secretary of war will make you acquainted with the con-

dition of our Army, Fortifications, Arsenals, and Indian Affairs. The proper discipline of the Army, tbe training and equipment of the Militia, the edu cation bestowed at West Point, and tbe accumulation of the means of defence, applicable to the Naval force, will tend to prolong tbe peace we now enjoy and which every good citizen—more especially those who have felt thw miseries of even a successful warfare—must ardently desire to perpetuate. The returns from tbe subordinate branches of this service exhibit a regularity and order highly creditable to its character: both officers and soldiers seem tabued with a proper sense of duty, and conform to the restraints of exact discipline with that cheerfulness which becomes the profession of arms. There is need, however, of further legislation, to obviate the inconveniences specified in the report under consideration: toeome which it is proper to call your attention.

The act of Congress of the 2d March, 1821, to reduce and fix the military establishment, remaining unexecuted as it regards tbe command of one of the regiment* of artillery, cannot flow be deemed a guide to the Executive in making tbe appointment. An explanatory act, designating the class of officers out of which this grade is to be filled; whether from the military list, as existing prior to the act of 1821, dr from it, as it has been fixed by that acb—would remove tbis difficulty, his also important that the laws regulating the pay and emoluments of officers generally, should be more specific than they now

are. Those for example, in relation to the Paymaster and Surgeon General, assign to them an annual salary of two thousand five hundred dollars; but are silent as to allowances which, in cer* tain exigeheies of the service, may be deemed indispensible to tbe discharge of their duties. The circumstance has been the autbrity for extending to them various allowances, at different times, under former administrations;' but no uniform rule has been observed,on the subject. Similar inconveniences exist in other cases; in which the construction put upon the laws by the public accbunt* ants may operate unequally, produce confusion and expose officers to the o* dium of claiming what is not their due. I recommend to your fostering care, as one of our safest means of national defence, tbe Military Academy. This institution has aheady exercised the happiest influence upon the moral and intellectual character of our army; and such of the graduates as, from various causes, may not pursue the profession be scarcely less useful as citizens, Their knowledge of the mill* tary art will be advantageously employ* ed in the militia service; and, in a mens* ure secure to that class of troops the advantages which, in this respect,belong to standing armies."” I would also suggest a review of the pension law, for the purpose of" extend* ing its benefits to' every Revolutionary soldier who aided io establishing our liberties, and who is unable to maintain himself in comfort. These relics of the War of Independence have strong claims upon their country’s gratitude and bounty. The law is defective, in

not embracing within its provision, those who were, during the last* disabled from supporting themself, manual labori Such an amend™ would add but little to the amount peusipns, and is called for by the symi thies of the People, as well as L J considerations of sound policy. „ be perceived that a large addition to t list of pensions has been occasioned an order of the late administration parting materially from tbe rules ’hi had previously prevailed. Conaideri it an act of legislation, I suspended operations as soon as 1 was inform that it had commeiued. Before | period, however, applications underi new regulations bad been preferred the number of one hundred and fi four of which, on the 27tb of March i date of its revocation, eighty were admitted. For tbe amount, th( was neither estimate nor appropriatu and besides this deficiency, the regg allowances according to tbe rules nbi have heretofore governed tbe Depa ' ment, exceed the estimate of its I Secretary, by about fifty thousand < lars: for which anappropriationiiask Your particular attention is reqa ed to that part of the report of the i retary of War which relates to tbe i oey held in trust for tbe Seneca ti of Indiana. It will be perceived (I without legislative aid, tbe Execut cannot obviate the embarrassments casioned by the diminution of the videcds on that fund; which origins amounted to one hundred thous dollars, and has recently been invei in United States’ three per cent slot Tbe condition and the ultimate! tiny of the Indian tribes within tbe lii its of some of our States, have becot objects of much interest and imps tance. It has long been tbe policy tbe Government to introduce arooi them the arts civilization, in tl hope of gradually reclaiming them fr< a wandering li e. This policy In however, been coupled with anotbi wholly incompatible with its succe Professing a desire to civilize and sell them, we have, at tbe same time, losti opportunity to purchase their landiu thrust them further into tbe wildertn By this means they have not only be kept in a wandering state but been I lo look upon us as unjust & indiffeiy to tbeir fate. Thus, though lavish its expenditures upon the subject, G( eminent has constantly defeated itioi policy ; and the Indians in general i ceding further and further to the We have retained their savage habits, portion, however, of tbe Southern tril having mingled much with the whiti and made some progress in the afo civilized life, have lately attempted erect an independent government wit in tbe limits of Georgia and Alaban These States, claiming to be the oa Sovereigns within tbeir territoriei, e tended their laws over the Indian which induced me latter to call up the United States for protection. Under these circumstances, tbe qoi tion presented was, whether tbe Ga eral government bad a right to austai those people in their pretentions! Tl Constitution declares, that “no t> State shall be formed or erected withi tbe jurisdiction of afty ether Stated without - the consent of its legislalur If the General Government is not ft mitted to tolerate the erection of acd

federate State within the terriforv i one of the members of the Union, again) her consent, much less could it allow i foreign and independent government! establish itself there. Georgia beciu# a member of the Confederacy which* venuated in our federal union, is aa* ereign atate, always asserting her etas to certain limits ;yvhicb, having beei originally defined in bar colonial cbtf ter, and subsequently recognised in tw treaty of peace, she has ever since co ® tinued to enjoy, except as they baw been circumscribed by her own vol® tary transfer of a portion of her territof to the United States, in the article*® cession of 1802. Alabama was admit' ted into the Union on the same footinj with the original States, with bouoda ries which were prescribed by Coo gress. There is no constitutional, con ventional, or legal provision, wbicb® 1 lows them less power over the India® within their borders, than is posse* 3 *] by Maine or New York. Would people of Maine permit the Penobsco tribe to erect an Independent Gorer® roent within their State? and unices W did, would it not be the duty of “ General Government to support 11 be in resisting such a measure? W® B the people of New York pfermit remnant ofi the six Nations writhin borders, to declare itself an i tide pc® ent people, under the protection ol United States? Could tbe lndisu* tablisb a separate republic their reservations ia Ohio? And J were so disposed, would it be the o J of this Government to protect them the attempt? If the principle . m the obvious answer to these que* 1 he abandoned, it will follow that