Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-10

thOse WHO dcV1sed become object
TO the world We are responsible to country, and
the glorious of government for the preser
walton of greaa good. The great mass of legislation
relating to our internal affairs intended TO be left
where the Federal Convention found itin the State Co
vcrnmcnts. Nothing Is clearer i'm my view, than that
chiefly indebted for the success OF the Const-
ton under which we are now acting, to the watchul
and auxiliary operation of the State authorities. This
is not the reflection Of day. but belongs TO the most
deeply rooted convictions OF my mind cannot, there
FORE too strongly or too earnestly for my Of
its Importance, warn you against all cncroachmcnts up
on the legitimate sphere OF State
by its heahful and invgoratng influence, the Federal
system never fall
In the collection OF the revenue the long credits a-
thorised on good. imported from beyond the Cape OF
Good Hope The chief of the losses at present
sustained II these were shortened to six nine. and
twelve months, and ware houses provided by Govern
mcnt, sufficient 10 receive the goods offered in denosit
Tor seciy and dcbenture and IL the right Of the Unit
Ell States to priority OF pymen, out OF the estates Of
its insoivent debtors were efcuay secured this
evil would in great measure be obvated. An autho-
rity 10 construct such houses is with the
proposed alteration oil the Credits TO your
| attention.
1t is worthy of notice, that the laws for tho collection
aud security OF the revenue arising from iposts
chiefly framed when the rates of duties on imported
goods presented much less temptation for illicit trade
than at present exists There is TO believe that
these laws are, in some respects quite insufficient for
the proper security Of the revenue and the
of the interests OF those who are disposed to observe
them. The Injurious and demon azing tendency of a
successful system 81 smuggling. is o bviou.
against therefore, suggest to Congress the proprie
~ OF adopting efficient measures to prevent this evil
avoiding, however, much possible, every unneces
sary infringement OF individual liberty, and embarras.
ment OF fair and lawful business.
On an examination of the records OF the Treasury,
have been orciby struck with the large Of pub.
lie money which appears TO be outstanding or the sum
thus due from individuals 10 the Government consi-
derable portion is unioub,. lily Desperate and in many
instances, has pro3ably been rendered by remss.
ness in the agents charged with its collection. BY
proper exerons great part, however, may yet be
covered; and, whatever may be the portions
ly belonging TO he'e two classes il b-hoves the Go
vernment TO ascertain the real state OF the fact This
can be done only by the prompt adoption of udicous
measures for the collection OF such may be male
available II is believed that very large amount ha
been lost through the nadeqnacy OF the provid-
ed for the collection Of debts due the public and that
this uadeqnacy lies chi in the of skill ba-
buaily aud constantly employed i'm the of the
agents engaged in the service. Ii must think be all
mted that the supervisory power suits brought by
the public, which is vested i'm an accounting Of
hcer OF the Treasury, not selected with view 10 hi.
legal knowledge, and encountered, he is, with nu-
nerous other duties operates unfavorably to the pub
lie interests.
Its important that this branch Of the public service
should he subjected 10 the supervision OF such profess
sional skill will give il efficiency The expense al
tendant upon such modification OF the Executive De-
partment would be justified by the soundest principle
oil economy would recommend, therefore, 1.-THE
duties assigned to the Agent OF the Treasury 20
far as they relate TO the superinte ndence and
ment OF legal proceedings, the part OF the United
States, be transferred to The Attorney Gererii, and
that this officer he placed the same footing in all
respects as the Heads Of the other Departmenis-re-
ceiving like compensation and having such subordi
nate officers provided for his Department. may be
requisite for the discharge of these addii onal duties
The professional skill OF the Attorney General employ
ed in directing the conduct of Marshas and District At
torneys, would hasten the collection OF debts now in
suit. and, hereafter, save mnch TO the Government IL
might he further extended to the supe nendence of
all criminal proceeding for offences against the United
States In making this transfer, great should be
taken, however that the power necessary the Trea.
sury Department he not impaired one OF its greatest
securities consisting in control over all accounts I'M
| Ill they are audited or reported for suit.
In connection with the foregoing views, would sug-
gest, also, an inquiry whether the provisions Of the
act oil Congress, authorizing the discharge of the
sons oil debtors TO the Government, from
may not consistently with the public interest be ex,
tended TO the release Of the debt, where the conduct
the deb'or is wholly exempt from the impu,a,ion O,
fraud. Some more liberal policy than that vhic. now
rrevais, in reference TO this portunae claas of cii
zens, is certainly due TO them and woul prove bene-
fetal to the country. The continuance of the labil-
ty, alter the means to discharge il have been exhaust
ed, can only to disprit the debtor where hi.
resources are but partial the want Of power in the
Government TO compromise and release the demand
nsigates TO fraud and s the only for
ing support TO his family. He thus sinks into state
OF apathy and becomes useless drone in society," or
vicious member OF il, il not feeling witness Of the
risor and inhumanity of his country. All experience
proves that oppressive debt is the bane Of
aud II should be the care Of Republic not to exert
grinding power over misfortune and poverty.
Since the last Session of Congress- numerous frauds
on the Treasury have been discover which Thought
II my duty TO bring under the cog nizance of the
Court Tor this District, by criminal prosecution. Ii
was my opinion and that Of able counsel who were ron.
suited, that the within the penalties of the
ac oil the i7th Congress, approved 81 March, 1928 pro-
vding Tor the punishment OF frauds ed on The
Government OF the United States. Either from so,,.
defect IN the law in ts administration, every effort TO
BRING the accused TO trial. under its provisions proved
Intellectual; and the Government driven TO the ne
cesslty oil resorting TO the and inadeuar proy
sions oil the common law tis, therefore, my duty TO
call your attention 10 the laws which have been passed
Tor The protection of the Treasury IT, indeed there be
no provision by which those who may he un,yortbiIy
entrusted with its guaran.hip be punished for the
most Migrant violation OF duty, extending TO the
most fraudulent appropriation of the public funds TO
their own use IL is time to remedy an oms-
SON. Or, II the law has been perverted from its orig.
nal purposes, and criminals deserving be punished
under its provisions have Been rescued by legal sub
ues ought to be made so p1in by amendatory proy
sons as TO bafte arts OF perversion and accomplish
The ends OF jig original enactment.
In one Of the most 0,grant cases the Court decided
that the prosecution was barred by the statute which Ii
mits prosecution for fraud to years In this Gaze ali
the evidences OF fraud, and, indeed all that
""nh had Oren committed, were in possession of the
party accused until after the two years had ELAPSED
surely, the statute ought in favor of any man
WINE ne retains ' the evidences of his crime in his
own possession; and least Of ALL In favor of public Of
hcer who continues TO dsraud The Treasury and conceal
the transaction for The birf term Of two years would
therefore, recommend such alteration of the law as
VIII give the injured party and the Government two
years alter The disclosure Of the fraud, or after the ac.
cused i'out Of office, 10 commence their prosscu
IN connexion with this subject invite the atte nton
oil congress 10 general and miaue inquiry into the
condition oil The Government; with view to ascerlin
VIVA Offices can be dispensed with, what expcn.es re
ha a..