Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-12-17

uA'h'hHy AaisA Iatcs 10 irtu1, IS ttlc 0btf re-
,21rce Tor securing support to has family.
lie uius salss into state Of apathy, and be-
comes useless droDe in society, or a vicious
| member Of it, If not feeLug witness of the
| nsor and inhumanity OF his county. All ex-
perience proves that oppressive debt is the
bane OF interprise--and it should be the care
oil Republic not to exert grinding power
ever misfortune and poverty.
since the last session Of Congress, numer-
Gus Frauds on the Treasury have been discov-
cred, which thought it my duty to bring un
der the cognizancc of the United States
Court for this District, by criminal pro
secutien. 1t was my opinion, and that of a
bic counsel who were consulted, that the
| cases came within the penalties OF the act of
| the 18th Congress, approved 81 March, 1923,
| providing for the punishment Of frauds con-
| mitted on the Government of the II. States.
| Either from some defect in the law or its ad
| rninistration, every effort 10 bring thc accus-
ed TO trial under lis provisions proved ineffec-
| tual, and The Government was driven TO the
necessity Of resortng TO the vague and made
quate provisions of the common law. Ii is
! therefore my duty to call your atteetion to the
| laws winch have been passed for the protec-
| ten Of the Treasury. IT, indeed, there be
no provision by which those who may be un-
1 HDFluilt SuIF1siSu WIN ttS -@dIIldUsHip, can
| be punished for the most fragrant violztioa Of
| duty. extending even TO the most fraudulent
appropriation of the public funds to their
own use, it is time to remedy 50 dangerous
an omission Or, if lie law has beea peFyor-
1 ted frem ats original purposes, and criminals,
| deserving to b. punished under its provisions,
have been rescued by legal subtilities, it
| ought to be made so plain, by amendatory
| provisions, as to battle the arts of perverslen
and accomplish the end OF its original enact
| ment
| In one OF the most fragrant cases, the
| Court decided that the prosecution was bar
red by the statute which limits prosecution
| for fraud to two years. In this case, al the
| evidences of fraud, and indeed all knowledge
that fraud had been committed, were in
possession Of the party accused, until after
| the two years had elapsed. Surely the statute
| ought not TO run in favor of any man while
he retains all the evidences Of his crirae ia has
own possession; and, least Of all, an favor OF
[ public officer who cophnues to deiraud the
| Treasury and conceal the transaction for the
I brief term of two years. l would, therefore,
recommend such an alteration of the law as
will give the injured party and the Govern
ment two years after the disclosure OF the
| fraud, or after the accused is out OF office, TO
commence their prosecution.
In connexion with this subject, / invite
the attention of Congress to general and
! minute inquiry into the condition OF Govern
| ment; with a view to ascertain what officer.
can be dispensed with, what expenses re-
trenched, and what improvements may be
| made in the organization OF ats various parts
to secure the proper responsibility of public
| agents, and promote efficiency and justice
. iii all its operations
The report OF the Secretary Of War viii
make you acquainted with the condition Of
our Army, Notifications, Arscnals, and In
dian Affairs. The proper discipline OF the
Army; the training and equipment of tbs
Militia, the education bestowed az West Point
and the accumulation of the means ofdeience
applicable 10 the Navel force, whitend to pro
long the peace we now enjoy, and which
every good citizen--more especially those whC
have felt the miseries of even a successful
warfare-must ardently desire to perpet
uate.
The returns from the subordinate branches
of this service exhibit a regularity and order
highly creditable to its character: both officers
and soldiers seem imbued with proper sense
Of duty. and ceuform to the restraints OF exact
discipline with that cheeriulncss which be
comes the profession of arms. There is need
however, of further legislation, to s5viatt
/ the inconveniences specified in the repor
under consideration; to some df which 1T i,
proper that should call your particular at
tention.
The act of Congress Of the ID March. 1921
tn reduce and fix the military establishment
remaining unexecuted as it regards the com
mand of one ofthe regiments of artillery, can
not now he deemed q guide to the Executiv,
an making the proper appointment. An ex
pianatory act, designating the class OF Off
GERS out of which ;his grade is to be filled
whether from the military list, as cxistin!
prior 10 the act of 1921, or from it, as it ha
been fixed by that act--would remove thi
difficulty. 1t is also important that the law
regulating the pay aud emoluments OF officer
generally, should be more specific than theI
now are. Those ,sor example, in relation to thu
Paymaster and Surgeon General, assigns t.
them an annual salary Of two thousand Gy,
hundred dollars; but are silent os to rehance
which, in certain exigences Of the service
may be deemed Indispensable to the discharg'
their duties. This circumstance has been thu
authority for extending te thcm various allow
ances, at diiierenttimes, under former admins
trations: but no uniform rule has been obscrv
ed on the subject. Similar inconvenience OK
lst IN other cases; in which the construction
put upon the laws by the pubic accountant
may operate uneQualiy. produce confusion
and expose officers to til. odium or claimins
what is not their due.
| recommend to your fostering care, as on,
of our safest means of national defence, tn
Military Academy. This institution has al
ready exercised the happiest influence upo,
( r