Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-12-03

ant recommendations of the Postmaster Gen.
eral for the establishment of United States
postal savings repositories.
Your attention is also again called to a con-
sideration of the question of the postal tele-
graphs and the arguments adduced in support
thereof, in the hope that you may take such
action in connection Herewith as in your
judgment will most contribute to the best in
terests of the country.
DEPARTMENT OF JUSTICE.
Affairs in Utah require your early and spec
ial attention. The supreme court of the
United States 10 the case of Clinton vs.. En-
glebrecht decided that the United States mar
shall of the territory could not lawfully sum
mon jurors for the district courts, and these
courts hold that the territorial marshal can
not lawfully perform that duty because he is
elected by the legislative assembly, and not
appointed as provided for in the act organic
ing the territory. All proceedings at law are
practically abolished by these decisions, and
there have been few or no jury trials in the
district courts OF that territory since the last
session of Congress. Property is left with
out protection by the courts, and crimes go
UNPUBLISHED. To prevent anarchy there, it is
absolutely necessary that Congress provide
the courts with some mode of obtaining ju-
rors, and recommend legislation to that end,
now assum ng the issue of writs of injunction
and habeas corpus, and to try criminal cases
and in questions as to land titles, be de-
MED all jurisdiction not possessed ordinarily
by courts Of that description.
BANKRUPTCY ACT.
j have become impressed with the belief
that the act approved March %, 1867, entitled
an act to establish uniform system of
l. ~ OH ITnifaA Statas ia
productive of more evil than good at this tine.
Many considerations might be urged for its
total repeal, but if this is not considered adj
missible, l think it will not be seriously ques-
toned that those portions of said act provld-
ing for what is called involuntary bankrupt
CIV, operate to increase the financial en-
barrassment of the country.
Careful and prudent men very often be-
come involved in debt in the transaction of
their business, and though they may possess
ample property if it could be made available
for that purpose to meet all their liabilities,
yet on account of the extraordinary scarcity
of money they may be unable to meet all
their pecuniary obligations as they become
due, in consequence OF which they are liable
to be Frustrated in their business by proceed
ings in bankruptcy at the instance of unre-
lenting creditors. People are now so east
ly alarmed as to monetary matters that the
mere filing of a petition IN bankruptcy by
an unfriendly creditor, will necessarily en-
barrass and oftentimes accomplish the fnan-
cial ruin of responsible business men.
Those who otherwise might make just and
lawful arrangements to relieve themselves
from difficulties produced by the present
stringency in money, are prevented by their
constant exposure to attack and disappoint-
ment by proceedings against them in bank
ruptcy :; and besides the law is made use ofin
many cases by obdurate creditors to fright.
en- or force debtors into compliance with
their wishes and into acts of injustice to other
creditors and to themselves. l recommend
that so much of said act as provides for in
voluntary bankruptcy on account of the sus-
pension Of payment be repealed.
CLAIMS AGAINST THE GOVERNMENT.
Your careful attention is invited to the
subject of claims against the government and
the facilities offered by existing laws for their
prosecution. Each of the departments of
State, Treasury and War have demands for
many millions of dollars upon their files, and
they are rapidly accumula,ing. To these
may be added those now pending before Con-
gress, the Court of Claims and the Southern
Claims Commission, making in the aggregate
an immense sum. Most of these grew out Of
the rebellion, and are intended to indemnify
persons on both sides for their losses during
the war, and not few OF them are fabrca-
tions and supported by false testimony. Pro.
jects are on foot, it is believed, to induce
Congress to provide for new classes of claims
and to revive old ones through the repeal or
modification of the statute of Limitation, by
which they are now barred. Ipresume these
schemes, if proposed, will be received with
little favor by Congress, and l recommend
that persona having claims against the United
States, cognlzable by any department or tri-
bunal thereof, be required to present them at
an early day, and that legislation be directed
as far as practicable TO the defeat of inbound
ed and unjust demands upon the government.
and would suggest as a means of preventing
fraud, that witnesses be called upon to appear
in person to testify before those tribunals
having said claims before them for adjudica-
ton. Probably the largest security to the
National treasury can be secured by timely
legislation on these subjects of any of the
measures that will be proposed.
You will be advised of the operations of
the department of justice, by the report of
the Attorney General, and invite your atten-
ton to the amendments of existing laws, sug-
gested by HIM with the view of reducing the
expenses of that department.
DEPARTMENT OF THE INTERIOR.
The policy inaugurated towards the Indians
at TIE beginning OF the last administration has
been steadily pushed, and believe with ben
eficial re ults. 1t will be continued with on
ly such modification as time and experience
may demonstrate as necessary. With the en-
croachment of civilization upon the Iadian
and hunting grounds, DIS
turbances have taken place between the Ind
ians and whites during the past year, and
probably will continue to do SO until each
race appreciates that the other has rights
which must be respected.
The policy has been to collect the Indians
as rapidly as possible on reservations and as
far as practicable within what is known as the
Indian territory, and to teach them the arts
of civilization and self support. When found
off their reservations and endangering the
peace and safety of the whites, they have been
punished, and will continue to be for Ike
offences. The Indian territory south of Kan
sas and west of Arkansas is sufficieAt in area
and agricultural resources to support all the
Indians of the Rocky Mountains. In time no
doubt all of them except few who may Sc
lect to make their homes among white people.
will be collected there As a preparatory
step for this consummation, l am more
satisfied that a territorial form of govern.
ment should be given them, which will
secure the treaty rights of the original
sat,l.re aud prntpct their hOmpafaad from