The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1885-12-12

cipients Of the subsidy, or any discretion left
| to an executive officer rs to its distribution.
! II such gifts of the public money are TO DC
made for the purpose of aiding any enterprise
! in the supposed interest OF the PUBIC. l can,
not but think that the amount to be paid, ana
the beneficiary, might better be determined
! by Congress than in any other way r.,
| The international congress OF delegates ITonl
| the postGl-union countries convened at MS
/ bon. in Portugal, in February last ana aTuer Il
| session of some weeks, the delegates signed a
! convention ameudatory of the present postal
union convention in some dessn@ 't
has had my approval and will be befOfc you
with the departmental report.
MASTER eneral that another assistant be pro-
vided for his Department. invite your con-
| sideration to the the several other recommen-.
dationS contained in his report.
The report of the Attorney-Gene contains
| history of the conduct of the Department or
Justice during the last year, and NUMBER OF
valuable suggestions as to needed legis4atlon;
! and L invite your careful attention TO the
| same.
the United States is such that there seems 10
| be an imperative necessity for remedial ieglS-
lation on the subject. Some OF these courts
are so overburdeued with pending causes that
the delays in determining litigation amount
often to a denial of justice. Among the paILS
suggested for relief is one submitted by the
| Attorney-G eneral. Its main features are:
the circuit courts to the district courts and
an increase of Judges for the latter Whe ;,i ne
| courts and constituting them exclusively
courts of appeal, and reasonably limiting APP
peals thereto: further RESTRICTIONS OF tiie
Federal courts; permitting appeals TO inc SUI
preme Court from the courts OF the Dlstrict OF
Columbia and the Territories only IN tue sdlile
cases as they are allowed from state courts,
and guarding against an unnecessary number
of appeals from the circuit courts.
approve the plan thus outlined, and recon-
t mend the legislation necessary for its applica-
ton to our Judicial system
The present mode OF compromising United
States marshals and district attorneys should
in my opinion be changed. They are allowed
TO charge against the government certain ices
for services, their income being measured by
the amount of such fees within fixed limit
as to their annual aggregate. inns Is a alfecG
inducement for them to make their fees in
criminal cases as large as possible in an effort
to reach the maximum sum permitted. As an
entirely natural consequence, unscrupuiouS
marShals arc found encouraging frivolous
prosecutions, arresting people on petty
charges of crime and transporting them TO
distant places for examination ana trlal, tor
the purpose of earning mileage and other
fees. And district attorneys useleSSly attend
criminal examinations far from their places OF
residence, for the express purpose or swelling
their accounts against the government. The
actual expenses incurred in these transactions
are also charged against the government:
Thus the rights and freedom or our cltlZens
are outraged and public expenditures IN
creased, for the purpose OF furnishing pubic
officers preteXtS Tor increasing the measure
I think marshalls and district attorneys
should be paid salaries, adjusted by rule
which will make them commensurate WIN
services fairly rendered
In connection with this subject L desire to
suggest the ACCESSIBILITY. if it be found not OBJ
noXious to constitutional objection, of invest
ing United States Commissioners with the
power TO try and determine certaln violations
of law within the grade of m1SdemeanolS
Such trials might be made to depend upon the
option of the accused. The multiplication OF
small and technical offenSeS. especially under
the provisions of our internal revenue law,
render some change in our present system
very desirable, in the interests OF humanity
as well as economy. The district courts are
now crowded with petty prosecutions,
involving punishment in cases OF GonElc-
oa OF @nY S S bT an enforeed
attendance upon courts held hundreds OF
miles from their homes. II poor and friend
less they are Obliged to remain in jail during
months perhaps, that elapSe before session
of the court is held, and are finally brought 10
trial surrounded by strangers and win put
little real opportunity for defense. In the
meantime frequently the marshal has charged
against the government his fees for an arrest
the transportation of the accused and the ex-
penSe of the same, and for Summonlng wit
| nesseS before q commissioner. q grand jury,
and a court the witnesses have been paid from
the funds large fees and travelling expenses
and the commissioner and district attorney
have also made their charges against the gov
| eminent.
This abuse in the administration of our
criminal law should be remedied; and II the
plan above suggested is not practicable, some
9th should he devised.
containing an account of the operations or this
important Department and much interesting
information, will be submitted for your con-
Sideration.
The most intricate and difficult subject in
charge of this Department is the treatment
and management of the Indians. am salts
| fled that some progress may be noted in their
condition as result OF a prudent admlnlstra-
ton Of the present laws and regulations 1of
their control.
But it is submitted thai there is lack Of a
fixed purpose or policy on this subject, Whlch
should be supplied 1t IS useless TO dliate
to indulge in the heartless bellet that because
their wrongs are reyenged in their own afro
ciouS manner, therefore they should be ex-
terminated.
They are within the care of our Govern
ment, and their rights are, or should be, pro
tected from invasion by the most solemn obi
cations. They are properly enough called me
wards of the Government; and 1t should be
borne in mind that this guardianship involves,
our part, efforts for the improvement or
their condition and the enforcement of their
rights. There seems TO be general concur
renee in the proposition that the ultimate OBJ
ject of their treatment should be their civili-
Zetion and citizenship. Fitted by these TO keep
pace in the march of progress with the adj
Vanced civilization about them, they VIII read
lily assimilate with the mass of our population,
assuming the responsibilities and receiving
the projection incident to this condition.
The difficulty appears to be in the selection
of the means to be at presentemployed toward
the attainment of this result;
Our Indian population, exclusive OF those IN
Alaska, is reported as numbering 100000
nearly all being located on lands set apart for
their use and occupation, aggregating over
| one hundred and thirty-fOur millions of acres.
These lands are included IN the boundaries
of one hundred and seyenty-one res
ervatious of different dimensions. scat
tered in tweuty-one States and Territories
presenting great variations IN ell
mate and in the kind and quality of their soils
Among the Indians upon these several reSer-
vations there exists the most marked differ
ences in natural traits and disposition ana IN
their progress toward civilization. While
some are lazy, vicious and stupid, others are
industrious peaceful and intelligent; Whlle
portion of them are self-Supportlng and indie
pendent, and have SO far advanced IN clV1llZSs-
ton that they make their own laws, admins
| tered through officers Of their own choice,
and educate their children i'll schools of their
own establishment and maintenance, othefs
still retain, in squallor and depepce, almost
the savagery of their natural state.
In dealing with this question the desires
manifested by rhe Indians should not be lg-
noreC. Here, again, we find great diversity.
With some the tribal relation is cherished with
the utmost tenacity, while its hold upon others
is considerably relaxed; the love of home is
strong with all, and yet there are those whose
means unyieldin9 the ownership of their
lands in severalty is much desired by some,
while by others, and sometimes among the
most civilized, such distribution Would De
bitterly opposed.
The variations of their wants, growing out
of and connected with the character OF their
several locations, should be regarded: Some
are upon reservations most fl for grazing, but
without flockS or herds; and some, on arabic
land, have no agricultural indictments; while
some of the reservations are double the size
necessary to maintain the number OF Indians
now upon them, in few eases perhaps, they
should be enlarged.
ADD TO ali this difference in the adminstra-
ton of the agencies. While the same duties
! are deyolved upon all, the disposition of the
agents. and the manner OF their contact with
the Indians. have much to do with their coudi-