網頁圖片
PDF
ePub 版

21ST CONG. 1ST SESS.]

Message of the President, at the Opening of the Session.

[SEN. AND H. OF REPS.

ernment of limited and specific, and not general powers, an accounting officer of the Treasury, not selected with a must be admitted by all; and it is our duty to preserve view to his legal knowledge, and encumbered as he is for it the character intended by its framers. If experi- with numerous other duties, operates unfavorably to the ence points out the necessity for an enlargement of these public interest.

powers, let us apply for it to those for whose benefit it is

It is important that this branch of the public service to be exercised; and not undermine the whole system should be subjected to the supervision of such professionby a resort to overstrained constructions. The scheme al skill as will give it efficiency. The expense attendant has worked well. It has exceeded the hopes of those upon such a modification of the Executive Department who devised it, and become an object of admiration to would be justified by the soundest principles of economy. the world. We are responsible to our country, and to I would recommend, therefore, that the duties now asthe glorious cause of self-government, for the preserva- signed to the Agent of the Treasury, so far as they retion of so great a good. The great mass of legislation late to the superintendence and management of legal prorelating to our internal affairs, was intended to be left ceedings, on the part of the United States, be transferred where the Federal convention found it in the State to the Attorney General, and that this officer be placed on Governments. Nothing is clearer, in my view, than that the same footing, in all respects, as the Heads of the other we are chiefly indebted for the success of the Constitu- Departments, receiving like compensation, and having tion under which we are now acting, to the watchful and such subordinate officers provided for his Department as auxiliary operation of the State authorities. This is not may be requisite for the discharge of these additional duthe reflection of a day, but belongs to the most deeply ties. The professional skill of the Attorney General, emrooted convictions of my mind. I cannot, therefore, too ployed in directing the conduct of Marshals and District strongly or too earnestly, for my own sense of its import- Attorneys, would hasten the collection of debts now in ance, warn you against all encroachments upon the legiti- suit, and, hereafter, save much to the Government. It mate sphere of State sovereignty. Sustained by its health- might be further extended to the superintendence of all ful and invigorating influence, the Federal system cau never criminal proceedings for offences against the United fall. 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 the collection of the revenue, the long credits authorized on goods imported from beyond the Cape of Good Hope, are the chief cause of the losses at present sustained. If these were shortened to six, nine, and twelve months, and warehouses provided by Government, sufficient to receive the goods offered in deposite for Becurity, and for debenture; and if the right of the United States to a priority of payment out of the estates of its insolvent debtors were more effectually secured, this evil would, in a great measure, be obviated. An 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 security of the revenue arising from imposts, were chiefly framed when the rates of duties on imported goods presented much less temptation for illicit trade than 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 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 guarded against. I therefore suggest to Congress the propriety of adopting efficient measures to prevent this evil; avoiding, however, as much as possible, every unnecessary infringement of individual liberty, and embarrassment of fair and lawful business.

In connexion with the foregoing views, I would sug gest, also, an inquiry, whether the provisions of the act of Congress authorizing the discharge of the persons of debtors to the Government, from imprisonment, may not, consistently with the public interest, 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 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 exhausted, can only serve to dispirit the debtor; or, where his resources are but partial, the want of 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 thus sinks into & state of apathy, and becomes a useless drone in society, or a vicious member of it, if not a feeling witness of the rigor and inhumanity of his country. All experience proves that oppressive debt is the bane of enterprise; and it should 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 On an examination of the records of the Treasury, I my duty to bring under the cognizance of the United have been forcibly struck with the large amount of pub States' Court for this District, by a criminal prosecution. lic money which appears to be outstanding. Of the sum It was my opinion, and that of able counsel who were thus due from individuals to the Government, a consider-consulted, that the cases came within the penalties of able portion is undoubtedly desperate; and, in many in- the act of the 17th Congress, approved 3rd March, 1823, stances, has probably been rendered so by remissness in providing for the punishment of frauds coinmitted on the the agents charged with its collection. By proper exer Government of the United States. Either from some detions a great part, however, may yet be recovered; and, fect in the law, or in its administration, every effort to whatever may be the portions respectively belonging to bring the accused to trial under its provisions proved inthese two classes, it behooves the Government to ascertain effectual, and the Government was driven to the necesthe real state of the fact. This can be done only by the sity of resorting to the vague and inadequate provisions prompt adoption of judicious measures for the collection of the common law. It is therefore my duty to call your of such as may be made available. It is believed that a attention to the laws which have been passed for the provery large amount has been lost through the inadequacy tection of the Treasury. If, indeed, there be no proviof the means provided for the collection of debts due to sion by which those who may be unworthily entrusted the public, and that this inadequacy lies chiefly in the with its guardianship, can be punished for the most flawant of legal skill, habitually and constantly employed in grant violation of duty, extending even to the most frauthe direction of the agents engaged in the service. It dulent appropriation of the public funds to their own use, must, I think, be admitted, that the supervisory power it is time to remedy so dangerous an omission. Or, if the over suits brought by the public, which is now vested in law has been perverted from its original purposes, and

21ST CONG. 1ST SESS.]

Message of the President, at the Opening of the Session.

criminals, deserving 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 end of its ori**gnal enactment.

In one of the 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 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 officers 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 I acquainted with the condition of our Army, Fortifications, Arsenals, and Indian Affairs. The proper disci pline 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 war= fare-must ardently desire to perpetuate.

[SEN. AND H. Of Reps.

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

I would also suggest a review of the Pension law, for the purpose of extending its benefits to every Revolu tionary soldier who aided in establishing our liberties, and who is unable to maintain himself in comfort. These relies of the War of Indepedence have strong claim 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 labor. 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 operations as soon I 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 the 27th of March, the date of its revocation, eighty-seven were admitted. For the amount, there was neither estimate nor appropriation; and, besides this deficiency, the regular allowances, 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 embarrassments occasioned by the diminution of the dividends on that fund; which originally amounted to one hundred thousand dollars, and has recently been invested in United States' three per cent. stock.

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 which 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 The condition and ulterior destiny of the Indian Tribes it is proper that I should call your particular attention. within the limits of some of our States, have become obThe act of Congress, of the 2d of March, 1821, to re-jects of must interest and importance. It has long been duce and fix the military establishment, remaining unexe- the policy of Government to introduce among them the cuted as it regards the command of one of the regiments arts of civilization, in the hope of gradually reclaiming of artillery, cannot now be deemed a guide to the Exe-them from a wandering life. This policy has, however, cutive in making the proper appointment. An explanato- been coupled with another, wholly incompatible with its ry act, designating the class of officers out of which this success. Professing a desire to civilize and settle them, grade is to be filled-whether from the military list, as ex- we have, at the same time, lost no opportunity to puristing prior to the act of 1821, or from it, as it has been fix- chase their lands and thrust them further into the wildered by that act-would remove this difficulty. It is also im-ness. By this means they have not only been kept in a portant 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 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 the laws by the public accountants may operate une qually, produce confusion, and expose officers to the odium of claiming what is not their due.

wandering state, but been led to look upon us as unjust and in different 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 to 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 arts of 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 I recommend to your fostering care, as one of our sa- sustain those people in their pretentions? The Constitufest means of national defence, the Military Academy.tion declares, that "no new States shall be formed or

21ST CONG. 1ST SESS.]

Message of the President, at the Opening of the Session.

[SEN. AND H. OF REPS.

erected within the jurisdiction of any other State," with- any State or Territory, now formed, to be guarantied to out the consent of its Legislature. If the General Go- the Indian tribes, as long as they shall occupy it: each vernment is not permitted to tolerate the erection of a tribe having a distinct control over the portion designaconfederate State within the territory of one of the mem-ted for its use. There they may be secured in the enbers of this Union, against her consent, much less could it joyment of governments of their own choice, subject to allow a foreign and independent government to establish no other control from the United States than such as may itself there. Georgia became a member of the Confede- be necessary to preserve peace on the frontier, and beracy which eventuated in our federal union, as a sovereign tween the several tribes. There the benevolent may State, always asserting her claim to certain limits; which, endeavor to teach them the arts of civilization; and, by having been originally defined in her colonial charter, and promoting union and harmony among them, to raise up subsequently recognised in the treaty of peace, she has an interesting commonwealth, destined to perpetuate the ever since continued to enjoy, except as they have been race, and to attest the humanity and justice of this Govcircumscribed by her own voluntary transfer of a portion ernment. of her territory to the United States, in the articles of This emigration should be voluntary: for it would be cession of 1802. Alabama was admitted into the Union as cruel as unjust to compel the aborginies to abandon on the same footing with the original States, with bound-the graves of their fathers, and seek a home in a distant aries which were prescribed by Congress. There is no land. But they should be distinctly informed that, if Constitutional, conventional, or legal provision, which al- they remain within the limits of the States, they must be lows them less power over the Indians within their subject to their laws. In return for their obedience, as borders, than is possessed by Maine or New York. Would individuals, they will, without doubt, be protected in the the people of Maine permit the Penobscot tribe to erect enjoyment of those possessions which they have improved an Independent Government within their State and, by their industry. But it seems to be visionary to supunless they did, would it not be the duty of the General pose that, in this state of things, claims can be allowed on Government to support them in resisting such a measure tracts of country on which they have neither dwelt nor Would the people of New York permit each remnant of made improvements, merely because they have seen the Six Nations within her borders, to declare itself an them, from the mountain, or passed them in the chase. independent people, under the protection of the United Submitting to the laws of the States, and receiving, like States? Could the Indians establish a separate republic other citizens, protection in their persons and property, on each of their reservations in Ohio? And if they they will, ere long, become merged in the mass of our were so disposed, would it be the duty of this Govern- population. ment to protect them in the attempt. If the principle The accompanying report of the Secretary of the Navy involved in the obvious answer to these questions be will make you acquainted with the condition and useful abandoned, it will follow that the objects of this Govern- employment of that branch of our service, during the ment are reversed; and that it has become a party of its present year. Constituting, as it does, the best standing duty to aid in destroying the States which it was estab-security of this country against foreign aggression, it lished to protect. 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 appropriations which that solicitude has suggested, this object has, in many important respects, not been secured.

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 Uni ted States, and advised them to emigrate beyond the Mississippi, or submit to the laws of those States.

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 In time of peace, we have need of no more ships of uncontrolled possessors of these vast regions. By persua-war than are requisite to the protection of our commerce. sion and force, they have been made to retire from river Those not wanted for this object must lay in the harbors, to river, and from mountain to mountain, until some of the where, without proper covering, they rapidly decay; and, tribes have become extinct, and others have left but rem- even under the best precautions for their preservation, nants, to preserve, for a while, their once terrible names. must soon become useless. Such is already the case Surrounded by the whites, with their arts of civilization, with many of our finest vessels; which, though unfiwhich, by destroying the resources of the savage, doom nished, will now require immense sums of money to be him to weakness and decay, the fate of the Mohegan, the restored to the condition in which they were, when comNarragansett, and the Delaware, is fast overtaking the mitted to their proper element. On this subject there can Choctaw, the Cherokee, and the Creek. That this fate be but little doubt that our best policy would be, to dissurely awaits them, if they remain within the limits of the continue the building of ships of the first and second States, does not admit of a doubt. Humanity and national class, and look rather to the possession of ample materials, honor demand that every effort should be made to avert so prepared for the emergencies of war, than to the number great a calamity. It is too late to inquire whether it was of vessels which we can float in a season of peace, as the just in the United States to include them and their terri index of our naval power. Judicious deposits in navy tory within the bounds of new States whose limits they yards, of timber and other materials, fashioned under the could control. That step cannot be retraced. A State hands of skilful workmen, and fitted for prompt applicacannot be dismembered by Congress, or restricted in the tion to their various purposes, would enable us, at all exercise of her constitutional power. But the People of times, to construct vessels as fast as they can be manned, those States, and of every State, actuated by feelings of and save the heavy expense of repairs, except to such vesjustice and regard for our national honor, submit to you sels as must be employed in guarding our commerce. the interesting question, whether something cannot be The proper points for the establishment of these yards done, consistently with the rights of the States, to preserve this much injured race.

As a means of effecting this end, I suggest, for your consideration, the propriety for setting apart an ample district West of the Mississippi, and without the limits of

are indicated with so much 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 ne

SEN. AND H. OF REPS.]

Message of the President, at the Opening of the Session.

[21ST CONG. 1ST SESS.

cessary for ship-building, will be competent to the supply imperfectly extended; and to the remaining six, altogether of the two selected by the Board as the best for the con- denied. The effect has been to withhold from the inhabicentration of materials; and, from the facility and cer- tants of the latter, the advantages afforded (by the Su tainty of communication between them, it will be useless to incur, at those depots, the expense of similar machinery, especially that used in preparing the usual metallic and wooden furniture of vessels,

preme Court) to their fellow-citizens in other States, in the whole extent of the criminal, and much of the civil, autho rity of the Federal Judiciary. That this state of things ought to be remedied, if it can be done consistently with Another improvement would be effected by dispensing the public welfare, is not to be doubted: neither is it to be altogether with the Navy Board, as now constituted, and disguised that the organization of our judicial system is at substituting in its stead, bureaux similar to those already once a difficult and delicate task. To extend the Circuit existing in the War Department. Each member of the Courts equally throughout the different parts of the Union, Board, transferred to the head of a separate bureau, and, at the same time, to avoid such a multiplication of charged with specific duties, would feel, in its highest de-members as would encumber the Supreme Appellate Trigree, that wholesome responsibility, which cannot be di-bunal, is the object desired. Perhaps it might be accomvided, without a far more than proportionate diminution plished by dividing the Circuit Judges into two classes of its force. Their valuable services would become still and providing that the Supreme Court should be held by more so when separately appropriated to distinct portions those classes alternately-the Chief Justice always preeidof the great interests of the Navy, to the prosperity of ing. 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 any of the regiments of infantry, that corps has, besides its Lieutenant Colonel Command ant, 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 artillery or infantry, their being no peculiar training requsite for it.

If an extension 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 recom mended.

A provision for taking the census of the People of the U. States will, to ensure the completion of that work within a convenient 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, upon the attention of the Executive. Thirteen years 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 comparatively limited experience has satisfied me of its justness. It has With these improvements, and such others as zealous arisen from many causes, not the least of which is the watchfulness and mature consideration may suggest, there large addition that has been made to the family of indecan be little doubt that, under an energetic administra- pendent nations, and the proportionate extension of our tion of its affairs, the Navy may soon be made every thing foreign relations. The remedy proposed was the establishthat the nation wishes it to be. Its efficiency in the sup- ment of a Home Department a measure which does not pression of piracy in the West India seas, and wherever appear to have met the views of Congress, on account of its squadrons have been employed in securing the inter- its supposed tendency to increase, gradually and imperests of the country, will appear from the report of the Se- ceptibly, the already too strong bias of the Federal syscretary, to which I refer you for other interesting details. tem towards the exercise of authority not delegated to it. Among these I would bespeak the attention of Congress I am not, therefore, disposed to revive the recommendafor the views presented in relation to the inequality be- tion; but am not the less impressed with the importance tween the Army and Navy, as to the pay of officers. No of so organizing that Department, that its Secretary may such inequality should prevail between these brave de-devote more of his time to our foreign relations. Clearly fenders of their country; and where it does exist, it is sub-satisfied that the public good would be promoted by some mitted to Congress whether it ought not to be rectified: suitable provision on the subject, I respectfully invite your attention to it.

The report of the Postmaster General is referred to as exhibiting a highly satisfactory administration of that De- The charter of the Bank of the United States expires partment. Abuses have been reformed; increased ex in 1836, and its stockholders will most probably apply for pedition in the transportation of the mail secured; and a renewal of their privileges. In order to avoid the evils its revenue much improved. In a political point of view, resulting from precipitancy in a measure involving such this Department is chiefly important as affording the important principles, and such deep pecuniary interests, means of diffusing knowledge. It is to the body politic I feel that I cannot, in justice to the parties interested, too what the veins and arteries are to the natural, conveying, soon present it to the deliberate consideration of the Legisrapidly and regularly, to the remotest parts of the sys-lature and the People, Both the constitutionality and the tem, 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.

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 curreney.

In this general survey of our affairs, a subject of high Under these circumstances, if such an institution is deemimportance presents itself in the present organization of ed essential to the fiscal operations of the Government, I the Judiciary. An uniform operation of the Federal Go submit to the wisdom of the Legislature, whether a Navernment in the different States is certainly desirable; tional one, founded upon the credit of the Government, and and, existing as they do in the Union on the basis of its revenues, might not be devised, which would avoid all perfect equality, each State has a right to expect that constitutional difficulties, and, at the same time, secure all the benefits conferred on the citizens of others should be the advantages to the Government and country that were extended to hers. The judicial system of the United expected to result from the present Bank. States exists in all its efficiency in only fifteen members I cannot close this communication without bringing to of the Union; to three others, the Circuit Courts, which your view the just claim of the representatives of Comconstitute an important part of that system, have been modore Decatur, his officers and crew, arising from the

VOL. VL-B

21ST CONG. 1ST, SESS.]

Message of the President, at the Opening of the Session.

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 favorable consideration. Besides the justice of this claim, as corresponding to those which have been since recognised and satisfied, it is the fruit of a deed of patriotic and 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 our gallant tars.

I now commend you, fellow citizens, to the guidance of
Almighty God, with a full reliance on His merciful provi-
dence 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 councils.
ANDREW JACKSON.

December 8, 1829.
Documents accompanying the President's Message.

[ocr errors]

REPORT OF THE SECRETARY OF WAR.

DEPARTMENT OF WAR,
30th November, 1829.

To the President of the United States:
SIR: The Secretary of War submits to the President
of the United States a report, shewing the manner in
which the business of the Department has been conducted,
that its details may be before him for consideration.
The communications received from the different officers
connected with the War Department, here annexed,
contain every thing minutely, and more in detail, than
can be presented in the Report. Such general suggestions,
in reference to them, as may appear warranted by the
public interest, it becomes his duty to submit, that they
may receive from you the attention they shall be found to
merit.

[SEN, AND H. OF REPS.

when found in a state of intoxication, would be justly re prehensible, and obnoxious to the imputation of practised wrong: how much more cautious, then, should a Government be, the guardian of the rights of its citizens, to avoid a temporary purchase of their liberties, at such a time, and under such circumstances. Resting upon the correctness of this impression, orders have been issued, prohibiting any, when intoxicated, to be enlisted, and forbidding any contract to be finally consummated, until time and opportunity are afforded for deliberation. Pursuing this course, qualified and valuable materials will enter into and compose the ranks of our army, and character and pride be-obtained. To attain this end, an effectual alteration would be to withhold the premium which at present is given for enlistments; the effect of which may be to induce a carelessness and indifference as to the description of men who are received. It might be better to make the premium, thus wrongly bestowed, an increased bounty to the enlisted recruit.

The long controverted question respecting brevet rank in the army has been decided in a manner which is believ ed to be in conformity with existing laws on the subject. I am happy to add, that, as far as opinions have been ascertained, the officers of the army are disposed to acquiesce in the decision, because of the certainty which has been arrived at, and the increased harmony which it is expected will be consequent upon that certainty.

There is a doubt resting, in connexion with this subject, which I beg leave to suggest the propriety of bringing to the consideration of Congress: it is as to the compensation rightfully to be extended to brevet officers, when a command is held correspondent to their rank. The interpretation given to the law upon this subject, by a regulation of the War Department, in 1827, is, that when a Captain is in the command of any larger numerical force than a company, no matter how inconsiderable; a Major, a greater force than two companies; a Colonel more than a regiment ;a General any force greater than a brigade; that in all such, and similar cases, the officers, respectively, are to be considered as having a command according to their brevet, and pay corresponding to their rank; conformably to the conceived provisions of the act of the 18th of April, 1818. The effect of this construction has been, so far as the pay of the army is concerned, instead of having one Major General and two Aids-de-Camp, as the act of 1821, for organizing the military establishment contemplated, there have been in service three Major Generals and six Aids; and instead of two Brigadiers, as is required by the same act, there have been four Colonels, who, in virtue of the regulation of 1827, relative to brevet appointments, have received the pay and emoluments of a Brigadier General; thus appending to the army three Majors and four Brigadier Generals, with other officers of lower grade, not contemplated by the act of 1821 for fixing a military peace establishment. It is submitted for Congress to determine how far this heretofore authorized procedure shall continue, or in future be restricted, to the conceived interpretation of the law.

It is with pleasure made known, that the army is satisfactorily fulfilling their just engagements to the country; and that harmony and proper zeal prevails. The rank and file is nearly complete, and although desertion has not entirely ceased, yet it is less frequent thau heretofore. The rigid exactions of the law, in reference to this crime, is believed to carry too great severity for a state of peace, and should be meliorated into something better corresponding with the magnitude of the offence. It is not the quantum, bat the certainty of punishment, that is calculated to deter offenders; and as no soldier, in peace, has been executed under the sentence of a court martial, it has occasioned the impression that so severe a penalty will most probably not be enforced, and, hence, a disregard of As this construction had obtained, it was considered, it is entertained. I would by no means be understood as if not strictly correct, at least not improper to be continurecommending a return to the infliction of stripes; it is a ed; especially as previous appropriations by Congress for punishment altogether too degrading; it strips the soldier brevet compensation had been made, and at their last of that proud spirit, and of those lofty feelings of honor, session, too; thereby indicating an acquiescence to the which will tend to prepare him, when a suitable occasion regulation of 1827. But owing to the number of brevets may offer, to become a traitor to the country that has which, in pursuance of the law requiring them, were conbranded him with infamy, the stigma of which, no future ferred previous to the adjournment of the Senate, paygood conduct, on his part, can remove. ments made on this account will exceed the estimate presented from the Department for the year 1829, and the appriation consequent upon that estimate.

The efficiency of an army is to be discerned through the pride, the elevated character of the individuals who compose it. To secure this condition of things, no man should be inveigled into public service under false pretences, and when his mind is not in a situation to engage in contract. He who should bargain with a neighbor for his property,

Under this constructive mode of granting extra allowances, there has likewise been conceded to the Surgeon General of the army, fuel and quarters, and a commutation of them. The language of the act of the 14th of

« 上一頁繼續 »