The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1829-12-17

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exert grinding power over mIsfortupe &
poverty.
| Since the last Session Of Congress-, nu
merous frauds on the Treasury have beer
discovered, which thought il my duty t'
bring under the cognZance Of the UnlteC
! States' Court for this district, by Grimm
al prosecution. 1t was my opinion, ant
| that Of able counsel who were consulted
! that tho cases came within tho penalties
OF the act OF the l7ih Congress, approved
Sd March, 1923, providing for the punish
ment Of frauds committed on the Govern
msnt Of the United States. Either from
some defect in the law or in its admins
traiion, every effort 10 bring the accused
to trial under lis provisions proved ineffcc
tual and the Government was driven &c
the necessity Of resorting to the vague &
inadequate provisions Of the common law
II is therefore my duty to call your atten.
ton 10 the laws which have been passed
for the protection Of the Treasury. II, in.
deed, there be no provisions by which
those who may be unworthiiy entrusted
with its guardianship, can be punished for
the most fragrant violation Of duty, extend.
ing even to the most fraudulent uppropria-
tion Of the public funds TO their own use,
1t is time TO remedy so dangerous an omis.
sion. Or if the law has been perverted
from its original purposes, and criminals,
deserving to be punished under its provis-
ions, have been rescued by legal subti,ies,
II ought to DO made so plain, by amenda.
tory provisions, as 10 battle the arts of per-
version, und accomplish the end ofits orig
inal enactment.
In one Of the most hogrant cases, the
Court decided that the prosecution was
barred by the statue which limits prosecu.
ton for fraud to two years. In this case
all the evidences Of fraud, and indeed all
knowledge that fraud had baen commit
ted,were npossession ofthe party accused,
until after the two years had elapsed.
Surely the statue onght not to run in favor
Of any man while he retains all the cvi-
dences Of his crime in his own possession
and least Of all, in favor Of public officer
who continues to defraud the Treasury g.
conceal the transaction for the brief term
Of two years. | would therefore recon.
mend such an alteration Of the law as will
give the injured party and the Government
two years after the disclosure Of Tho fraud,
or after the accused is out OF office, TO com
mencc their prosecution.
In connexion with this subject, invite
the attention Of Congress to general and
minute Inquiry into the condition Of the
Government; with a view to ascertain what
Offices can be dispensed with, what eX-
pcnses retrenched, and what Improvements
may be made in the organization of its VA.
rious parts, to secure the proper response
bllity OF public agents, and promote eilic-
iency and justice in all It's operations.
The report Of the Secretary of War
will make you acquainted with the condit-
ion Of our Army, FortiGcations, a 'senals,
and Indian Alioirs. The proper discipline
Of the Army, the training and equipment
Of the Militia, the education bestowed at
West Point, and tho 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 hnve felt the
miscrics of even a successful warfare
must ardently desire 20 pcrpctuatc.
The returns from the subordinate
branches Of this service exhibits Il regular.
ty and order highly credi,able to its char.
acter: both officers aud soldiers seem i'm.
bued with q proper sense duty, and con.
form to the restraints of exact discipline
with that chccrrulness which becomes The
profession Of arms. There is need, how
ever, Of further legislation, to obviate the
mconycnlcnces specified in the report un>
der consideration: 10 some Of which il is
proper that should call your particular at
tention.
The act Of Congress Of the Cd March,
1891, to reduce and fix the military cstab-
lishment, remaining unexccuted ns it re.
CARDS The command ofone ofthe regiments
Of artillery, cannot now be deemed guide
to the Executive in making The proper ap.
pointment. An explanatory act, designa.
ting the class Of officers out Of which this
grade is to be fillcd-Whethcr from the
military list, as existing prior to The act OF
1921, or from it. as it has been fixed by
that act--would remove this difficulty. |,
is also important that the laws regulating
the pay and emoluments of officers gener.
ally should be more specific than they now
are. Those, for example, in relation to
the Paymaster and Surgeon General, as.
sign to them on annual salary oftwo thou.
sand five hundred dollars, but are silent as
to allowances which, in certain eaigencies
Of the service, may be deemed ind lspens.
he 10 the discharge Of their duties. This
circumstance has been the authority for
extending TO them various allowances, at
different times under former administra.
,ons: but no uniform rule has been observ.
ed on the subject. Similar inc onvencnces
exist in other cases: in which the construc.
ton put upon the laws by the public &C
countants may operate unequolly. produce
confusion, and expose officers to the odum
of claiming what is not their due.
recommend TO your fostering care, as
ono of our safest means OF national defence.
the Military Academy. This institution
has already exercised the manifest infln-