The Sun.
London, England, 1830-01-08 00:00:00

sated 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 Legisla-
tive 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 among 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 our obligations. Upon this
ceunt►y, more than any other, has, in the providence of
God, been cast the special guardianship of the great prin-
ciple of adherence to written constitutions. If it fail here,
all hopes in regard to it will be extinguished. That this
was intended to be a Government of limited and pacific,
and not general powers, must be admitted by all ; and it is
our duty to preserve fur it the character intended by its
framers. If experience point out the necessity for an en-
largement of these powers, let us apply for it to those for
whose benefit 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 admira-
tion to the world. We are responsible to our cotrntry,
and to the glorious cause of self-goverment, for the preser-
vation of so great a good. The great mass of legislation
ratting to our internal affairs, was intended to be left
where the Federal Convention found it, in the State Go-
vernments.

Nothing is clearer, in my view, than that we are chiefly
indebted fur the success of the Constitution under which
we are new 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. I cannot, therefore, too deeply or too earnestly
from my own sense of its importance, warn you against
all encroachments upon the legitimate sphere of State so-
vereignty. Sustained by its healthful and invigorating in-
fluence, the Federal system can never fall.
In the collection of the revenue, the long credits autho-
rised 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 re-
ceive the goods offered in deposit for security and deben-
ture; and if the right of the United States to a priority of
payment out of the estates of the 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, re-
commended 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 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 sufficient for the proper security of the re-
venue, and the protection of the in•erests 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 pro-
priety of adopting efficient measures to prevent this evil ;
avoiding, however, as much as possible, every unnecessary
infringement of individual liberty, and stnharrassment of
fair and lawful business.

On an examination of the records of the Treasury, I
have been forcibly struck with the large amount of public
money which appears to be outstanding. Of the sum
thus due from individuals to the Government, a consider-
able portion is undoubtedly desperate ; and in many in-
stances, has probably been rendered so by the remissness in
the agents charged with its collection. By proper exer-
tions, a great past, however, may yet be recovered ; and,
whatever may be the portions respectively belonging to
these two classes, it behoves the Government to ascertain
the real state of the fact. This can be done only by the
prompt adoption of judicious measures for the collection of
such as may be made available. It is believed that a very
large amount has been lost through the inadequacy of the
means provided for the collection 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 rested in an accounting officer of
the Treasury, not elected with a view to his legal know-
ledge, and encumbered as he is with numerous other duties,
operates unfavourably to the public interest.
It is important that this branch of the public service
should be subjected to the supervision of such professional
skill as will give it efficacy. The expence attendant upon
such a modification of the Executive Department would be
justified by the soundest principles of economy. I would
recommend, therefore, that the duties now assigned to the
Agent of the Treasury, so far as they relate to the superin-
tendence and management of legal proceedings, on the part
of the United States, be transferred to the Attorney-Gene-
ral, and that this officer he placed on the same footing in
all respect., as the Heads of the other Departments, re-
ceiving like compensation, and having such subordinate
officers provided for his department as may be requisite for
the discharge of these additional duties. The professional
skill of the Attorney-General, employed in directing the
conduct of Marshals and District Attorneys, would hasten
the collection of debts now in suit, and, thereafter, save
much to the Government. It might be further extended
to the superintendence of all criminal proceedings fur
offences against the United States. In making this trans-
fer, 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.
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 re-
ference 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 dis-
charge it have been exhausted, can only serve to dispirit
the debtor ; f,.r, where his resources are but partial, the
want of power in the Government to compromise:and re-
lease the demand, instigates to fraud, as the only resource
for securing a support for his family. lie thus sinks into
a state of apathy, and becomes a useless drone in society,
or a vicious member of it, if not a feeling witness of the
rigour and inhumanity of hie 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.
I would also suggest a view 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 on 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 pensions has been occasioned by an order of
the late Administration, departing materially from the
rules which had previou.ly prevailed. Considering it an
act of legislation, I suspended its operations as noon as I
was informed that it had commenced. Before this period,
however, applications under the new regulations bad been
preferred to the number of one hundred and fifty-four, of
which, on • the 27th of March, the date of its revocation
eights-seven were admitted. For the amount, there was
neither estimate nor approbation ; and besides this de-
ficiency, the regular allowances, according to the rules
which have hitherto governed the Department, exceed the
estimate of its late Secretary, by about 50,0004. ; 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 can-
not obviate the embarrassments occasioned by the diminu-
tion of the dividends on that fund ; which originally
amounted to 100,000 d , and has recently beets invested in
the United States' three per cent. stock.
The condition and ulterior destiny of the Indian tribes
within the limits of some of our States, have become ob-
jects of much interest and importance. It has long been
the policy of Government to introduce among them the
arts of civilization, in the hope of gradually reclaiming
them from a wandering life. This policy has, however,
been coup',incompatibleits
success. with another, wholly with
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 tiny have not only been kept in a wandering
caw, hut beets led to hook upon us as unjust and indiffe-
rent to their fate. Thus, though lavish in its expenditures
upon the subject, Government has constantly defeated its
01%11 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