THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. IV.-NO. 26. EDITED BY SAMUEL HAZARD. PRESIDENT'S MESSAGE. NO. 104. rest, be extended to the release of the debt, where the conduct of the debtor is wholly exempt from the imputation of fraud. Some more liberal policy than On an examination of the records of the Treasury, that which now prevails, in reference to this unforI have been forcibly struck with the large amount tunate class of citizens, is certainly due to them, of public money which appears to be outstanding. and would prove beneficial to the country. The Of the sum thus due from individuals to the govern- continuance of the liability, after the means to disment, a considerable portion is undoubtedly despe- charge it have been exhausted, can only serve to rate; and in many instances, has probably been ren- dispirit the debtor, or where his resources are but dered so by remissness in the agents charged with partial, the want of power in the government to its collection. By proper exertions, a great part, compromise and release the demand, instigates a however, may yet be recovered, and whatever may fraud, as the only resource for securing a support to be the portions respectively belonging to these two his family. He thus sinks into a state of apathy, clases, it behoves the government to ascertain the and becomes a useless drone in society, or a vicious real state of the fact. This can be done only by the member of it, if not a feeling witness of the rigor and prompt adoption of judicious measures for the col- inhumanity of his country. All experience proves lection of such as may be made available. It is be- that oppressive debt is the bane of enterprise; and lieved that a very large amount has been lost thro' it should be the care of a republic not to exert a the inadequacy of the means provided for the col-grinding power over misfortune and poverty. lection of debts due to the public, and that this inadequacy lies chiefly in the want of legal skill, habitually and constantly employed in the direction of the agents engaged in the service. It must, I think, be admitted, that the supervisory power over suits brought by the public, which is now vested in an accounting officer of the treasury, not selected with a view to his legal knowledge, and encumbered as he is with numerous other duties, operates unfavorably to the public interest. 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 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 of the United States. Either from It is important that this branch of the public ser- some defect in the law or in its administration, vice should be subjected to the supervision of such every effort to bring the accused to his trial under professional skill as will give it efficiency. The ex-its provisions proved ineffectual; and Government pense attendant upon such a modification of the ex- was driven to the necessity of resorting to the vague ecutive department would be justified by the sound- and inadequate provisions of the common law. It est principles of economy. I would recommend, is therefore my duty to call your attention to the therefore, that the duties now assigned to the agent laws which have been passed for the protection of of the treasury, so far as they relate to the superin- the Treasury. If, indeed, there be no provisions tendence and management of legal proceedings, on by which those who may be unworthily entrusted the part of the United States, be transferred to the with its guardianship, can be punished for the most Attorney General, and that this officer be placed on flagrant violations of duty, extending even to the the same footing, in all respects, as the Heads of the most fraudulent appropriation of the public funds other departments-receiving like compensation, to their own use, it is time to remedy so dangerand having such subordinate officers provided for ous an omission. Or, if the law has been perverthis department, as may be requisite for the dis-ed from its original purposes, and criminals, decharge 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, save 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 controul over all accounts, until they are audited or reported for suit. serving to be punished under its provisions, have been rescued by legal subtilties, 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 the most flagrant cases, the Court decided that the prosecution was barred by the statute which limits prosecutions 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 had elapsed. Surely the statute ought not to run in favor of any man while he retains all the evidences of his crime in his own 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 would therefore recommend such an 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 offices can be dispensed with, what expenses retrenched, and what improvements may be made in the organization of its various parts, to secure the proper responsibility of public agents, and promote efficiency and justice in all its 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 Army, the training and equipment of the Militia, the education bestowed at West Point, and the accumulation of the means of defence, applicable to the Naval force, will tend to prolong the peace we now enjoy, and which every good citizen-more especially those who have felt the miseries of even a successful warfare-must ardently desire to perpetuate. The returns from the subordinate branches of this service exhibit a regularity and order highly creditable to its character: both officers and soldiers seem imbued with a proper sense of duty, and conform to the restraints of exact discipline with that cheerfulness that becomes the profession of arms. There is need, however, of further legislation, to obviate the inconveniences specified in the report under consideration; to some of which it is proper that I should call your particular attention. I would also suggest a review of the Pension law, for the purpose of extending its benefits to every Revolutionary soldier who aided in 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 provisions all those who were, during the last war, disabled from supporting themselves by manual labour. Such an amendment would add but little to the amount of pensions, and is called for by the sympathies of the People, as well as by considerations of sound policy. It will be perceived that a large addition to the list of pensioners has been occasioned by an order of the late administration, departing materially from the rules which had previously prevailed. Considering it an act of legislation, I suspended its operation as soon as I was informed that it had commenced.— Before this period, however, applications under the new regulation had been preferred to the number of one hundred and fifty four; of which, on the fifth of March, the date of its revocation, eightyseven were admitted. For the amount, there was neither estimate nor appropriation; and besides this deficiency, the regular allowance, according to the rules which have heretofore governed the Department, exceed the estimate of its late Secretary, by about fifty thousand dollars; for which an appropriation is asked. Your particular attention is requested to that part of the report of the Secretary of War which relates to the money held in trust for the Seneca tribe of Indians. It will be perceived that, without legislative aid, the Executive cannot obviate the embarassments occasioned by the diminution of the dividends on that fund; which originally amount The act of Congress of the 2d March, 1821, to reduce and fix the military establishment, remained to one hundred thousand dollars, and has recenting unexecuted as it regards the command of one of the regiments of artillery, cannot now be deem-ly been invested in United States' three per cent. stock. ed a guide to the Executive in making the proper appointment. An explanatory act, designating the The condition and ulterior destiny of the Indian class of officers out of which this grade is to be tribes within the limits of some of our States, have filled-whether from the military list; as existing become objects of much interest and importance. prior to the act of 1821, or from it, as it has been fix-It has long been the policy of Government to introed by that act-would remove this difficulty. It is 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 the annual salary of two thousand five hundred dollars; but are silent as to allowances which, in certain exigencies of the service, may be deemed indispensable to the discharge of their duties. This circumstance has been the authority 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 laws by the public accountants may operate unequally. produce confusion, and 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 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 of arms will be scarcely less useful as citizens. Their knowledge of the military art will be advantageously employed in the militia service; and, in a measure, secure to that class of troops the advantages which, in this respect, belong to standing armies. duce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been coupled with another, wholly incompatible, with its success. Professing a desire to civilize and settle them, we have at the same time, lost no opportunity to purchase their lands and thrust them further into the wilderness. By this means they have not only been kept in a wandering state, but been led to look upon us as unjust and indifferent to their fate. Thus, though lavish in its expenditures upon the subject, Government has constantly defeated its own policy, and the Indians in general receding further and further in the west, have retained their savage habits. A portion, however, of the Southern tribes, having mingled much with the whites, and made some progress in the civilized life, have lately attempted to erect an independent government within the limits of Georgia and Alabama. These States, claiming to be the only Sovereigns within their territories, extended their laws over the Indians; which induced the latter to call upon the United States for protection. Under these circumstances, the question presented was, whether the General Government had a right to sustain those people in their pretensions? The Constitution declares, that "no new State shall be formed or erected within the jurisdiction of any other State," without the consent of its Le 1829.] PRESIDENT'S MESSAGE. 403 tuated by feelings of justice and regard for our national honor, submit to you the interesting question, whether something can be done, consistently with the rights of the States, to preserve this much injured race. gislature. If the General Government is not permitted to tolerate the erection of a confederate State within the territory of one of the members of this Union, against her consent, much less could it allow a foreign and independent government to establish itself there. Georgia became a member of the Confederacy which eventuated in our federal union, as a sovereign State, always asserting her claim to certain limits; which, having been originally defined in her colonial charter, and subsequently recognized in the treaty of peace, she has ever since continued to enjoy, except as they have been circumscribed by her own voluntary transfer of a portion of her territory to the Unit-Ject to no other controul from the U. States, than such ed States, in the articles of cession of 1802. Alabama was admitted into the Union on the same footing with the original States, with boundaries which were prescribed by Congress. There is no constitutional, conventional or legal provision which allows them less power over the Indians within their borders, than is possessed by Maine or NewYork. Would the people of Maine permit the Penobscot tribe to erect an Independent Government within their State? and unless they did, would it not be the duty of the General Government to support them in resisting such a measure? Would the people of New York permit each remnant of the Six Nations within her borders, to declare itself an independent people, under the protection of the United States? Could the Indians establish a separate republic on each of their reservations in Ohio? And if they were so disposed, would it be the duty of this Government to protect them in the attempt? If the principle involved in the obvious answer to these questions be abandoned it will follow that the objects of this Government are reversed; and that it has become a part of its duty to aid in destroying the States which it was established to protect. Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama that their attempt to establish an independent government would not be countenanced by the Executive of the United States, and advised them to emigrate beyond the Mississippi, or submit to the laws of the State. As a means of effecting this end, I suggest, for your consideration, the propriety of setting apart an ample district west of the Mississippi, and without the limits of any State or Territory now formed, to be guaranteed to the Indian tribes, as long as they shall occupy it: each tribe having a distinct controul over the portion the enjoyment of governments of their own choice, subdesignated for its use. There they may be secured in and between the several tribes. There the benevolent as may be necessary to preserve peace on the frontier, may endeavour to teach them the arts of civilization;and by promoting union and harmony among them, to raise up an interesting commonwealth, destined to perpetu ate the race, and to attest the humanity aud the justice of this government. This emigration should be voluntary; for it would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers, and seek a home in a distant land. But they should be distinctly informed, that if they remain within the limits of the States, they must be subject to their laws. In return for their obedience, as individuals, they will, without doubt, be protected in the enjoyment of those possessions which they have improved by their industry. But it seems to me vissionary to suppose that, in this state of things claims can be allowed on tracts of country on which they have neith. have seen them from the mountain, or passed them in er dwelt nor made improvements, merely because they the chase. Submitting to the laws of the states, and receiving, like other citizens, protection in their perin the mass of our population. sons and property, they will, ere long, become merged Navy will make you acquainted with the condition and The accompanying report of the Secretary of the useful employment of that branch of our service, during the present year. Constituting, as it does, the best standing security of this country against foreign aggression, it claims the especial attention of government. In this spirit, the measures which, since the termination of the last war; have been in operation for its gradual enlargement, were adopted, and it should continue to be cherished as the offspring of our national experience.— It will be seen, however, that notwithstanding the great solicitude which has been manifested for the perfect organization of this arm; and the liberality of the appropri ations which that solicitude has suggested, this object has, in many important respects, not been secured. Our conduct towards these people is deeply interesting to our national character. Their present condition, contrasted with what they once were, makes a most powerful appeal to our sympathies. Our ancestors found them the uncontrolled possesIn time of peace we have need of no more ships of sors of these vast regions. By persuasion and force, war than are requisite to the protection of our comthey have been made to retire from river to river, merce. Those not wanted for this object, must lie in and from mountain to mountain, until some of the the harbors, where, without proper covering, they rapidtribes have become extinct, and others have left ly decay; and, even under the best precautions for their but remnants to preserve, for a while, their once preservation must soon become useless. Such is alterrible names. Surrounded by the whites, with ready the case with many of our finest vessels; which, their arts of civilization, which, by destroying the though unfinished, will now require immense sums of resources of the savage, doom him to weakness money to be restored to the condition in which they and decay, the fate of the Mohegan, the Narragan- were, when committed to their proper element. On this sett, and the Delaware, is fast overtaking the Choc- subject there can be but little doubt that our best policy taw, the Cherokee, and the Creek. That this would be, to discontinue the building of ships of the fate surely awaits them, if they remain within the first and second class, and look rather to the possession limits of the States, does not admit of a doubt. Hu- than to the number of vessels we can float in a season of ample materials, prepared for the emergencies of war, manity and national honor demand that every effort of peace, as the index of our naval power. Judicious should be made to avert so great a calamity. It is deposits in Navy Yards, of timber and other materials, too late to inquire whether it was just in the Unit- fashioned under the hands of skilful workmen, and fitted ed States to include them and their territory for prompt application to their various purposes, would within the bounds of new States whose limits they enable us, at all times, to construct vessels as fast as could control. That step cannot be retraced. they can be manned, and save the heavy expense of reState cannot be dismembered by Congress, or res- pairs, except to such vesels as must be employed in tricted in the exercise of her constitutional power. guarding our commerce. The proper points for the But the people of those States and of every State ac-establishment of these yards are indicated with so much 404 force in the report of the Navy Board, that, in recommending it to your attention, I deem it unnecessary to do more than express my hearty concurrence in their views. The Yard in this district, being already furnished with most of the machinery necessary for ship building, will be competent to the supply of the two selected by the board as best for the concentration of materials; and from the facility and certainty of communication between them, it will be useless to incur, at these depots, the expense of similar machinery, especially that used in preparing the usual metalic and wooden furniture of vessels. Another improvement would be effected by dispensing altogether with the Navy Board, as now constituted; and substituting, in its stead, bureaus, similar to those already existing in the War department. Each member of the Board transferred to the head of a separate bureau, charged with specific duties, would feel, in its highest degree, that wholesome responsibility which cannot be divided without a far more than proportionate diminution of its force. Their valuable services would become still more so when separately appropriated to distinct portions of the great interests of the Navy, to the prosperity of which each would be impelled to devote himself by the strongest motives. Under such an arrangement, every branch of this important service would assume a more simple and precise character, its efficiency would be increased, and scrupulous economy in the expenditure of public money promoted. I would also recommend that the marine corps be merged in the artillery or infantry, as the best mode of curing the many defects in its organization. But little exceeding in number one of the regiments of infantry, that corps has besides its Lieutenant ColonelCommandant, five Brevet Lieutenant Colonels, who receive the full pay and emoluments of their brevet rank without rendering proportionate service. Details for marine service could as well be made from the infantry or ar tillery, there being no peculiar training requisite for it. With these improvements, and such others as zeal ous watchfulness and mature consideration may suggest, there can be little doubt that under an energetic administration of its affairs, the Navy may soon be made any thing that the nation wishes it to be. Its efficiency in the suppression of piracy in the West India seas, and wherever its squadrons have been employed in securing the interests of the country, will appear from the report of the secretary, to which I refer you, for other interesting details. Among these I would bespeak the attention of Congress to the views presented in relation to the inequality between the army and navy as to the pay of officers. No such inequality should prevail between these brave defenders of our country; and where it does exist, it is submitted to congress whether it ought not to be rectified, The report of the Post Master General is referred to as exhibiting a highly satisfactory administration of that Department. Abuses have been reformed; increas ed expedition in the transportation of the mail secured; and its revenue much improved. In a political point of view, this Department is chiefly important as affording the means of diffusing knowledge. It is to the body politic, what the veins and arteries are to the natural, conveying rapidly and regularly, to the remotest parts of the system, correct information of the operations of the Government, and bringing back to it the wishes and feelings of the People. Through its agency, we have secured to ourselves the full enjoyment of the blessings of a free press. be extended to hers. The judicial system of the Uni- In this general survey of our affairs, a subject of high importance presents itself in the present organization of the Judiciary. An uniform operation of the Federal Government in the different States is certainly desirable; and, existing as they do, in the Union, on the basis of perfect equality, each state has a right to expect that the benefits conferred on the citizens of others should If an extention of the Circuit Court system to those States which do not now enjoy its benefits should be determined upon, it would, of course, be necessary to revise the present arrangement of the circuits, and even if that system should not be enlarged, such a revision is recommended. United States, will, to ensure the completion of that A provision for taking the census of the people of the work within a certain time, claim the early attention of Congress. The great and constant increase of business in the Department of State forced itself, at an early period, Thirteen years upon the attention of the Executive. ago, it was, in Mr. Madison's last message to Congress, made the subject of an earnest recommendation, which has been repeated by both of his successors; and my comparatvely limited experience bas satisfied me of its justness. It has arisen from many causes, not the least of which is the large addition which has been made to the family of independent nations, and the proportionate extension of our foreign relations. The remedy proposed was the establishment of a Home Departmenta measure which does not appear to have met the views of Congress, on account of its supposed tendency to increase gradually & imperceptibly the already too strong bias of the federal system towards the exercise of auI am not, therefore, dispo thority not delegated to it. sed to revive the recommendation, but am not the less impressed with the importance of so organizing that Department, that the Secretary may devote more of his time to our foreign relations. Clearly satisfied that the public good would be promoted by some suitable provision on the subject, I respectfully invite your attention to it. The charter of the Bank of the United States expires in 1836, and its stockholders will most probably apply for a renewal of their privileges. In order to avoid the evils resulting from precipitancy, in a measure involving such important principles and such deep pecuniary interests, I feel that I cannot, in justice to the parties interested, too soon present it to the deliberate consideration of the Legislature and the people. Both the constitutionality and the expediency of the law creating this Bank, are well questioned by a large portion of our fellow citizens; and it must be admitted by all, that it has failed in the great end of establishing a uniform and sound currency. Under these circumstances, if such an institution is deemed essential to the fiscal operations of the Government, I submit to the wisdom of the Legislature wheth. er a national one, founded on government credit and its revenues, might not be devised, which would avoid all constitutional difficulties, and, at the same time, secure Dividends on bridge & turnpike stock, 5. 19,640 00 Fees, secretary of state's office, 6. 53,184 07 7. 9,245 33 8. 1,779 23 9. 50,031 67 Duties on dealers in foreign merch'ze 10. I cannot close this communication without bringing to your view the just claim of the representative of Commodore Decatur, his officers and crew, arising from the re-capture of the frigate Philadelphia, under the heavy batteries of Tripoli. Although sensible, as a general rule, of the impropriety of Executive interference under a Government like ours, where every individual enjoys the right of directly petitioning Congress, yet, viewing this case as one of a very peculiar character, I deem it my duty to recommend it to your favourable consideration. Beside the justice of this claim, as corresponding to those which have been since recognized and satisfied, it is the fruit of a deed of chivalrous daring, which infused life and confidence into our infant Navy, and contributed as much as any exploit in its history, to elevate our national character. Public gratitude, therefore, stamps her seal upon it; and the meed should not be withheld which may hereafter operate as a stimulus to Balance in treasury, 1st Dec. 1828, our gallant tars. I now commend you fellow-citizens, to the guidance of Almighty God, with a full reliance on his merciful Providence for the maintenance of our free institutions, and with an earnest supplication, that, whatever errors it may be my lot to commit, in discharging the arduous duties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels. ANDREW JACKSON. Loans, Old debts and miscellaneous, No. I. 3,610,338 02 189,815 46 $3,800,153 49 LANDS, FEES ON LANDS.. Surveyor general's office, 83,487 79 1 754 72 97,290 79 GENTLEMEN -In obedience to the provisions of the forty-sixth section of the "act of the 30th March, 1811," directing the State Treasurer and Auditor General, to deliver, annually, statements of the financial concerns of the commonwealth, to the Clerk of the House of Re-T. presentatives, I have prepared, and caused to be printed, the following abstracts of the public accounts, commencing with the first day of December, 1828, and ending with the 30th day of November, 1829, both days inclusive; 600 copies of which have been delivered to that officer, agreeably to the directions of the act already referred to. The schedules from No. 1 to 19, give a general view of the moneys received, and from No. 1 to 15, of the expenditures; each shewing the nature of the accounts upon which public moneys have been received, and of the claims upon which they have been paid away, du ring the above period; with an appendix exhibiting a statement of stocks held by the commonwealth, and of appropriations and loans remaining unpaid on 1st of December, 1829. It may be proper to remark that the amounts due on temporary loans, per acts of 18th Dec. 1828, and 22d April, 1829, are included in, and make a part of the sum of 2,200,000 dollars, reported as due on stock loan, per last mentioned act. Moses Thomas, Richard F. Allen, 2,000 2,000 2,000 2,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 200 200 200 200 100 100 19,000 00 No. III. 29,469 37 25,988 16 25,811 47 20,182 93 14,761 59 8,835 43 5,455 92 3,720 28 1,695 44 1,601 51 788 58 Very respectfully, I have the honor to be, SUMMARY STATEMENT of the Receipts at the State Auction commissions, Auction duties, Isaac Billings, |