The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-12-18


private uses should be made felony, and visited with
severe and ignominioas punishment" Is not this re-
nouncing civilization and going backwards What
| said one of the most popular aphorisms OF Laeon,
written years ago1
Laws that loo severe are temptations to plum
der on the part Of the criminal" They reverse
the natural order Of things transferring the ndigna-
ton Of public feeling which ought 10 follow the
criminal TO the ferocity Of that sentence by which
he is to suffer- and taking from legislation its main
support the sympathy OF public esteem and approba-
tion; for victim Of too severe law is considered
as martyr rather than criminal and that which
we pity we cannot at the same time detesi. lie
continues, a law over-charged with severity like
a bunderbuss overloaded with powder. will each OF
them grow rusty by disuse, and neither will be re-
sorted TO from the shock and the recoil that must in
evitably follow their explosion"
We would recommend also to the consideration Of
the President and his Secretary the following motto
which, Lacon thinks ought to be put at the head Of
| our penal code, viz: snmmnm JUS snmlma injaria,
(the extreme Of law Is the extreme Of injustice.)
But in what light do these recommendations from
the Chief Magistrate exhibit us abroad Why,
that our institutions are inferior to those Of other
countries ruled by Monarchica and despolic govern
ments and that the morals Of people are equally
debased with theirs; and that an enactment similar
10 that OF other countries" is required TO restrain
public officers from the application of moneys en-
trusted TO their care to their private uses; that too
before the first half century has expired in which the
experiment of our Republican system of free 60
vernment and institutions has been in operation
Proud and enlightened discovery for SO late day,
and after so many years Of unparalleled prosperity2
| These recommendations, contrast most singularly
| WI mad hv ha IN tha
commencement Of the Message, that I" our system,
differing from all others-has been now fully tested
by experience"
| Our mind revolts at the idea of appointing mere
partzans to office, leading them into temptation by
| placing constantly before them vast masses of the
public treasure, and then making il a felony" to
| be visited with ignominious punishment on all
who shall not have fortitude enough to resist the
| temptation Would the enactment Of such penal
| laws prevent the commission of crimes2 That is
an important question. Who does not know that
1 the crime of forgery is punished with DEATH in
cases in England And yet how many are there
who commit the crime and pay the forfeilure2 Let
| the Newgate Calendar answer Did the awful pc
nalty restrain the REVEREND DocToR DopD from
committing the crime which he expiated on the
gallows?
Let not inflict so deep wound on our Republi-
system and stain statute book with an enact
ment of this kind similar to that of other coun-
tries" until it shall be proven that our present form
of laws are inadequate for their purposes. That has
not been shown. We contend that the existing laws
and regulations are amply adequate to accomplish
all the objects for which they were designed in the
collection and keeping of the public
The fault is not with them. The WHOLE OF THE
| EVILS AND DEFALcAoNs HAVE ARISEN, BECAUSE THE
| IsTING LAWS AND REGULATIONS HAVE
| roRcED!' That is shown by the most damning and
conclusive proofs in the documents called out from
the Treasury Department during the last session Of
| Congress. Ofhe numerous cases we now have be-
fore us in House Doc. No 297, let us examine one
that of w. P. HARRls, Receiver at Columbus, Miss,
On the 7th February 1884, Mr.. TANEY, then 'secre-
tary of the Treasury, wrote him aud other Re
ceivers that had been represented this depart
ment that some OF the Receivers of public money in
| Mississippi have been engaged in trading on the
bank notes they receive in payment of the public
lands By exchanging them for bank notes of inferior
ralue. hope there may be some mistake in this bu-
siness it is my duty to state to you that such
duct would be regardedby this department gross
violation vf official duty and be treated accordingly"
On the 9th Of March following, he wrote him and
| concluded his letter as follows: " 1t becomes my
painful duty to advise you that your returns for the
|
in arrears and to say to you that strict and pune
tua observance of this duty is Indispensable" On
the l7h March, he wrote and said, " have received
your letter of the 26h ultimo and have only to say
that thedepartment cannot approve of any exchange
! whatever in the money received by you; that mhich
is received must be deposited" On the 25th March, he
! wrote him as follows: " The department having re-
ceived no monthly returns, showing the transactions
of your Office from the month Of October last have
thought proper to inform you that, as of
| forcing strict compliance with the regulations of
| the department. in respect TO this duty, shall not
hesitate to report the for the action of the Exc
| cutive should the neglect be continued" On the
10Th May, he enclosed him duplicate of letter
"and again call your attention to its requirements"
Mr. WOODBURY. Secretary of the Treasury, on
the 9th February, 1885, wrote Mr. Harris as fol-
lows: regret there should be occasion for again
calling YOUR attention to the omission 10 render your
monthly duplicate returns to this Office for the months
| of November and December, Chose being in ar
rears and to remind you that punctuality in this
respect is indispensable" On the 2sth February, he
| wrote him and Others a circular, in which ne said
dit has been intimated TO the Department. that the
nractice prevails at some OF the land Offices OF per-
| hitting entries and issuing certificates OF purchase,
acitAout the payment of the purchase money al the time
| of entrv" And he added, "such practice being
! unauthorized" is "highly reprehensible" sand if
it has been tolerated by you, must Immediately
cease" On the 18th March he wrote him, COM
| planning that, he had received no d" return OF the
transactions Of your Office since that for the month
of October last" On the 25h of June, he wrote and
| said =" finding that no returns have been received
| from you since that for the month of Nov. last it
becomes my unpleasant duty to say to you, that II