The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-12-16

opinion, and that of the counsel who were con
suited, that the cases came within the penalties
Of the act of the 18th Congress, approved &c
March, 1898, providing for the punishment o.
frauds committed on the Government of the
United States Either from some defect in the
law in its administration, every effort to bring
the accused to trial under its provisions proved
Intellectual and the Government was driven tc
the necessity OF resorting to the vague and in
adequate provisions of the common law. 1t 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 pro-
vision by which those who may be unworthily
entrusted with its guardianship, can be punish
ed for the most fragrant violation Of duty, ex-
tending even to the most fraudulent appropria-
ton of the public funds to their 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 punish
ed under its provisions, have been rescued by
legal subtleties, it ought to be made so plain, by
amendary provisions, as to battle the arts oil
pervels sion, and accomplish the ends OF It's orig
inal enactment.
In one of the most fragrant 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, we're in possession of the party &C
cused, until after two years had elapsed. Sure
ly 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 public officer who continues to de-
fraud the Treasury and conceal the transaction
for the brief term of two years. would, there
fore, recommend such an alteration OF the law
as will give the injured party and tie Govern
ment two years after the disclosure Of the fraud
or after the accused is out of Office, to COM
mence their prosecution.
In connexon with this subject, | invite the
attention of Congress to a general and minute
inquiry into the condition of the Government,
with view to ascertain what differs can be
dispensed with, what expenses retrtnched, and
what improvements may be made IT. the organ
lzation of its various parts, to secure the proper
responsibility of public agents, and promote eff.
ficiency and justice in all its operations.
The report of the Secretary of Wal willmake
you acquainted with the condition ofour Army
Notifications, Arsenals, and lndisn 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 Nava
Force, will tend to prolong the pence we now
enjoy, and which every good citZea-more es
peclally those who have felt the mseres OF
even successful warfare must ;rdently de-
sire to perpetuate.
The returns from the subordinate branches Of
this service exhibit regularity ana order high
ly credltable to its character, both officers and
soldiers seemed imbued with proper sense Of
duty, and conform to the restraints of exact dis
clphne, with that cheerfulness which become:
the profession of arms. There is need, how
ever OF further legislation, to obviate the incon
var
Feniehces sPecIhed IN the report under consid
Grafton: TO some of which it is prone- that i
should call your particular attention
The act of Congress of the Cd March, 1921
to reduce and fix the military establishment
remaining unexecuted as it regards the com
mand of one of the regiments of artillery, can
not now be deemed a guide to the Executive il
making the proper appointment. An explana
tory act, designating the class of officers out o
which this grade is to be filled-whether from
the military list, existing prior to the act o
1921, or from it, as it has beer fixed by tina
act-would remove this difficulty 1t is ais
important that the laws regulating the pay ant
| emoluments of officers generally, should b
more specific than they now are. Those, 70
| example, in relation to the Paymaster and Sur
geon General, assign to them an annual salary
Of two thousand five hundred dollars but are
silent as to allowances which, in certain ext
gencles of the service, may be deemed indis
pensabe to the discharge of their duties. Thu
! circumstance has been the authority for extend
| ing to them various allowances, at differen
| times, under former administrations but nj
| uniform rule has been observed on the subject
Similar inconvenience exist in other cases il
which the construction put upon the laws b,
the public accountants may operate uncqualy
produce confusion, and expose officers to th
odium of claiming what is not their DUE
| | recommend to your fostering care, as one o
our safest means of national defence, the Mill
tary Academy. This institution has ahead,
exercised The happiest influence upon the mora
and intellectual character of our army ant
such of the graduates as, from various causes
may not pursue the profession Of arms, will b.
scarcely less useful as citizens. Their know
! ledge of the military art will be advantageous,
employed in the militia service and, in meas
ure, secure to that class of troops the advan
tages which, in this respect, belong to standing
armies
would also suggest a review of the Pension
law, for the purpose of extending its benefits Il
every Revolutionary soldier who aided in estab
I fishing our liberties, and who is unable to main
| tain himself in comfort These relicks of tn
War of independence have strong claims upo
their countrys gratitude and bounty. TIL
! law is defective, in not embracing within il
piofio'ObS Ill thOSC WIN WcIe, QuTsUO lU6 Ids
war, disabled from supporting themselves b,
manual labor: such an amendment would adj
but little to the amount Of pensions, and is call
ed for by the sympathies of tho people as well a
by considerations of sound policy 1t will b.
perceived that large addition to the list O
pensioners has been occasioned by an order o
the late administration, departing MATERIAL
from the rules which had previously prevailed
Considering it an act of legislation, suspende
its operations as soon as was informed that
had commenced. Before this period, however
applications under the new regulations hat
been preferred to the number of one hundre,
and fifty four Of which, on the 9th of March
the date Of its revocation, eighty-seven wer
admitted. Fos the amount, there was neithe
estimate nor appropriation; and besides thi
deficiency. the regular allowances, accordin,
TO the rules which have heretofore governe,
the Department, exceed the estimate of its lat
Secretary, by about fifty thousand dollars: 70
I II 1.