Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1829-12-18

rae professional skill ot the Attorney Gcncr
AL e'np'nyed IN directing the conduct Of, Mar |
shai5 snd District Attorneys would hasten tn, |
collection of debts now in suit and hereafter |
Havo much to the Government 1t. might b, |
further extended tn the superintcnd,ncc of nj |
criminal proceedings for offences against Il,
United States. In m liking this transfer, urea
care sh 'u'd be taken, however, that the power
necessary 10 the Treasury Department be not
impaired one of its greatest securities consist.
Ing IN control over II accounts. until they are
audited ar rep,r,ed for suit
In conmeIi"n with the foregoing views
would suggest also, an inquiry, whether tho
PROVISIONS ct the act of Congress- authorising
tho discharge ofthe persons of debtors to tie Go.
rernment, from l'nprlson nent, may not consis.
tent with the public interest he extended to the
reiaasc ut the debt, whcrG the c,ndurt of Thu
debtor IL wholly exempt from the inputation Of
fraud me more liberal p'licy than TINT which
now prevails, IN reference To this unfortunate
CLASS ct citizens, is certainly due To them. and
would prove beneficial To the c.,n,ry The
continuance Of the liability, after the means 10
discharge IL have been exhausted can onlv serve
ia dispirit the debtor or, where his resources
arc but partial, the want OF power in the Co
vernlnent. I" compromise and release the de-
n'and, instigatcs Il fraud as the only resource
ior securing support t. his family. tie thus
snks into a state of apathy, and becomes a use.
ness dr"ne Iva spcIetv, ara vicious ,nen,brr c IT,
2 II not a feeling witness of the rignr and in,u-
manity OF his cuntry All experience proves
that oppressive debt is the bane nf enterprise
and Il should he the care of Republic not t.,
exert grinding power over misfortune and 90
yertv
Since the last session Of Congress. numerous
! frauds on the Treasury have been discovered
winch tn ,ug,t 1t M: duty tn bring under the
coyiz,nce "tthe u .ited States ,urt f,r this
ID strict, bv n criipiurl prosecution. 1t was nv
opinion. and IN 1t of able counsel who were crn-
suited, that the cases me within the prniltics
OF the act "Tthc l1;h Congress, approved Bird
NItrch, 1873. providing fm the punish mcnt OF
trends Con nittcd On the G,vernment al! the
united States. Either from some defect in tn.
law, or IN ITS ad ninlsirat ~, every eff ri To
bring the accused L, trial under its provisions
proved IN tfftctull, and the Government was
driven 10 the necessity Of res,rtin II I'll, va rue
and inadequate provisions of the common law
IT Is therefore my duty To call your attention Ia
tha laws which have been passed i,r he prn,ec.
ti"n "f the Urea 'ury. II, indeed. there be NJ
PROVISION by which those wa, may he unworth-
ly entrusted with it, guard inship, can be- pun.
ished tar the m st trlrlulen, appropriation OF
the public tn IDS to their own use j: il time t.
remedy 80 dangerous an omission. Or, it the
law has been perverte from its original purpo-
ses, and criminals. deserving to be punished un.
der its provisions, have been rescued by lie raj
sabtilites, il GU ht L, he made plain, BY n.
meniitory provisions, To batiln The arts of
nerversion, ard accomplished the end oi is orr
ginal enactment
In one of theso most aigarint cases, the
court decided that the pr ,sccutnn was barred
bJ the statute which limits prosecutions 10
fraud to two years. In this case al! The evi
tence OF fraud. and indeed all knowledge tina
atraud had been C mnnit,ed were in secession
OF the party accused until after the two wears
Ind elapsed. Surely the statute ought not run
IN icVor nt any man while he retains all the cy
iue.ce oil hts crime IN his own possession, an
less! OF all i'll favor of public officer who con
unues to dsiraud the Treasury and conceal TIN
tansact III Tor the brief tern Of twJ years
would Therefore recommend such an alteration
The law as will give the unIniccti party, am
the Government Two vctrs aIt"r ~ i,4l ,Su
OF the fraud or at:-r the accused is cut Of elf: C
toconincnce their prosecution
III conneXion with tins ibj 1T, invite the a.
.ebtiva OF Congrc:: - general minute inUur
INTO the comiitou If ~, Govern I!cn, with
view 20 ascertain whist Offices c.? X. ,s,cusr
Win, what expenses refrenc!i.I. :,n. w!,. In
ProVs'hents may be made in the orylnizitjon
us various parts, tn secCIe the res ,nnstluiy
agents, and promote efficiency aud Justice il, nj
ats operatiuns.
The report tn, Secretary o: War. vii! max,
you Acquainted with the condition OF o:rnr;n
Forttcations, Arsenais and Iudi ~, AtF,r.-
The proper d scIplIne OF the Arny a;,d tr,i,in
and equipment OF the Militia, the education m.
slowed at Yves. Point, aud the accumulation,
the means OF defence applicable 20 the Nuya
force, will tend TO pronote the peace we M,
enjoy, and which every GOOD citizen more e<ur
ciAily those Yho have felt the rniseries % eve,
. successful Wa..arc--laust ardpuuy desire (.
perpetuata.
The returns f:'-n Tie suhr.d:aatc branches
this service exhibit IA regularity and order high
~ creoitabie Ia its claIactcr q; Doth officers an
soiders seem Inbucd with Il proper sense Of du
~, and coniorn to the restraints nf exact dis.
cipbne with that cheeTiuiness u. rich become
The profession OF arms. There is need ,w,y
er OF further leg station, 10 obviatc the incon.
'semences specified in the report under cnnsid
GRAFTON to Soma oil which it is proper that
should call your particular attention.
The act OF Congress of the I'd March tS2l 10
reduce and hx tie military establishments re.
manning nne&ecuied as 1t regards the oIn.mand
OF one oi the regiments of artillery cannot nov.
be deemed guide To the Executive in makipy
the proper appointment An explanatory ACT
designating the class of officers of which this
grade ID 10 be fi,ied--whether from the military
list, as existing PRIOR To the of ls2I or from,
I II, a. 1t has been liked by that act-would re.
move tins diincuity. 1t is also i,nror..ut tina,
the laws reguiatn. the pay and elnou,nen,s Of
oincefs generally, should be more specific than
uiey NO" are. those, Tor example ~ relation
10 lie f&yna7t=r and Surgeon General, assiDuI
To than an annual salary OF two tnnusaud nv.
hundred dDII,rs; but are sIIen; as u allowances.
Sn'cn IA cuILdin exigencieso i the service mas
doe,ued indispensable to the discharge oi their
duties. lh.s circumstance has been the author
ID i"r eAle"dIn5 - tneH various allowances at
G'hefcHL UneS under iuTiner administrations
D"t ~ "AIior.h rule has been ubsrrvsG OH the
suoj$ct. SinIlar Inconvenience exist In other
cases; IN ~h.cn the construction yut upon the
Jaws oy Tue puO'1 accountants may operate un.
e9oany, pr duce c"ninsIOu auj expose officer,
~ t!ip "utum II Claiming what is not their due
RECON- mend - your fostering care as one o,
"ir sai-St mcans oi national defence the ,j,l,
taIy Acad my. This institution has already ,.x.
.'ci'ed the hdpPiost influence upon the nora
ana intellectual character OF our army: ana
t"ch oi tHc graduates US, iiom various cluse.
'nny hot PuToue the profession OF arms viii be
scarcely less useful as citizens. Their kun,yI.
.dSs o' INC nii'Ia'y arr will be advantageousy
employed ~ the miIilIa service and m A ,uea:
ute I" secure to thal class OF trnous the, ADJ,
tisos which, IN THIS respect, belong to stanoln,