Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-12-09

4 q u
twi'ness OF the r'gor and inhumanity Of his
country. All experience proves, tina, Cypress,
i've debt is the bane Of enterprise; and it should
be the care OF Republic not TO exert grind.
ing power over misfor une ard poverty.
! Since The last SEES ion Of Congress, nuner-
Gus frauds oU the Treasury have been disco
cred, which thought il my daty 10 bring un.
der the cogn,zance Of me United Sta,es' Cour,
Toe this district, by criminal prosecution. 1t
was my opinion, and that Of able counsel who
we've consulted, that The cases came within the
penalties of me act Of the i7,h Congress, ap-
1roved Sd March, 1928, providing for the pun
ishment OF frauds committed on the Govern
ment of the Uai'ed SAFES. Either from some
defect IN The law or 10 Tvs administrators, every
| Effort To bring the accused 10 trial under i,s
provisions proved Intellectual, and tie Governs
| ment was driven 10 he necessity Of icsor'iug
TO the vague aud inadequate provisions Of the
common law. IL is, therefore, my duty to call
your attention - the laws which have been
passed for the protection OF the Treasury. If,
indeed, there b. no provision BY which those
who may be unwor,hily entrusted with guar
diinship. can be punished for the most fllgran,
viola i'm Of duly, extending even TO the mos,
| fraudulent appropriation Of he public funds 10
their own use il is time TO REMEDY DANGER
| Gus an omission Or, If the law has been per-
ver,sd frn,n its original purposes, and crimi-
| rails, deserving to be punished under its pro-
| ,isrons, have been rescued by leg. sub'ilities
il ough, TO be made so plain, by amendaory
provisions. as t. baff1- the arts Of per,ersion,
and act omplish the ends Of its ,iginal enac,-
! meat.
| In one Of the most fAgrant cases. the Court
| decided that the prosecution was barred by the
statute which limits prosecution Cor fraud To
In tha ~ mr.. nj
fraud, and indeed al knowledge tina, the fraud
had b,ed committed, were in posse ssion Of ,he
party accused, until after the two years had
elapsed. Surely The statute ough, no; TO run
| in favor OF anv man while he retains all tho
evidences Of his crime IN his own possessIon;
and, least Of III, in favor Of public officer who
con,iEues 10 defraud The Treasury aud conceal
the transaction for the brief term Of two years.
! would therefore rec-mmrnd such an altera'
lion & hr law as will give the Injured party
| and the Cove nmeht wears after the di>clo
sure of tne fraud, sitter he used is GU, Of
Office to commrnce their prosecution.
| 10 connsxion with his SUBJECT, i,ie the
attention of Congress 10 general aad minu'e
inquiry into the condition ut the Government,
with vi 10 ascertain WHIST nfff-s Can be-
dispensed with. VIDA, expenses re're .cted, and
what improvements may b made in the orga
per responsibility Of pubic agents, and pr"-
mote f6cieney ard jusrcs in all its operations
| The repor, Of tie Secretary OF War, viii
make you acquainted with the cohd''inn o.
! our Army F., If atoms, Assenals, aud Indian
Affiirs The proper Discipline OF III. Army.
the training md equipment %; 'he MtiiIia, he
educ ION bcs,owei at Wesi Point and the &C
cumnI,ron OF the means Of defence, applicable
to me Naval force, will stnd 20 prnl"ng the
peace W" now erjoy. and which every good q
| uizen-more espccially those "ho have TEL he
mis- RES Of even = successful watflre-mus
Arden " desire 20 pcrpetu.'s.
( The relurns from the subo' dGae branches
/ Of this service exhhi, a regularity aud o'drr
highly credi able TO its har.ct,t: bath officers
ana soldiers seem imhued with proper sense
&c du.y; aud conform to the restraints If exact
discipl,ne with ,ha, hee rfulpess which becomes
the nrofe,-ion Of arms. There is need, how
ever, of further gisla'ion, 10 "bvia'r the in
convenirnc-s specified IN the Icpor, under con
sidcra,iou: o some Of which il is proper 'ha
I should cali yonr particular a',en ion.
! The &c, Of Congress Of the % March, 1921,
TO reduce and fix h. military eslahli>hm' mt,
remaining unexecu ed as il regards the com
m md OF one of the regiments OF artillery, can
not row be deemed guide to he Executive
in masking he proper appointment. An explain
ato'y set, dr>igna ing the class "i "thcefs nu
Of waoh this grade is to he filled -"hrth'
| from ,se military lis. IS existing prior TO tn
&c, ol 1921, or from it, as II has been hxrd by
,ba, ao.-would remove this diff uliy. is
al,o import ant that the laws requiring he
ply and emolumenis Of officers generally,
should be more SPECIFIC han they now are
Those, for ex mpl-, in relation 10 the Pay
m s,rr and Surgeon General, assign 10 them
an anruai salary Of two thousand i've hundred
dollars bu are silen, as TO allowances which
in certain exigrncirs Of The service, may be
dee med indispens, bic 10 he discnsrg OF their
duties. Thi, Circumstance has been the au
| ,hor,,v for extending 10 Them v.rions allow
ances, 4 different iimss, under former admln-
| is,ra,ions: but 10 uniform rule has been OBJ
.,rved on The sobJec,, SiTipr ineonve"ien
c., rxi,, in oiher cases; in which the con
s,ru non pu, upon he laws by the public &C
coou ants may operate unyquaily, produce co"