The New York Herald Newspaper, March 14, 1849, Page 1

THE NEW YORK a eee NO. 5395. MORNING EDITION- -WEDNESDAY, MARCH 14, IMPORTANT LAW PAPER. The Codification of the United States Laws, Orrick or THE SoLiciToR oF THE TREASURY, "i February 24, 1849. Ste--The undersigned respectfully begsleave, through you, to present to the consideration of ‘Congress a b iet view of the operations ot the office ‘of the Solicitor of the Treasury, tram its organiza. ton urder the act of 29th May, 1830, to the present ume. Previous te its creation, a portion of the duties now devolving upon it had been pertormed by a special agent, who was appointed by the Secretary of the Treasury. By virtue of the act above referred to, the Solici- tor ef the Treasury fas control of ail suits of a civil nature, including prosecutiors tor fines, pevalties and forfeitures, “except dedts to the Post Office department, and peuilties aud forleitures imposed on postmasters, tor tailing to make re- turns, or pay over the proceeds of their office DistrictAttorneys, and others haviag charge of such Suits, are subject to such special directions as the Solicitor may give, and also to general rules estad- lished by him, with the consent of the Secretary ot the Treasury. The Solicitor is also authorized to request the advice of the Attorney-General, in rela- tion te the ** manner of conducting suits, proceed- Ings, und prosecuuons;” and, when he does ga, the directions of the latter are to:be followed by kim. The official dunes of the Solicitor do not, how- ever, extend to criminal ceses of any description. These, except when brought to the Supreme Court, on a certificate of a division ot opinion by the Judges of the Circuit Courts, are under the excla- sive coatrol of the district attorneys, una‘ded by the advice or assistance of any other officer of the government. a ( Owirg to the practice of giving credit for duties, there were formerly more suits commenced aud yeported to this office than at preseat. Suits oa duty bonds, however, required less atteativa by the Sohcitor than those which were the subject of deiences. The number of contested suits has in creased. ¢ The suits in which the United States are parties may be divided into five classes, to w: 1 — Tose Commenern on Tarasuty Taanscnrirrs. Theee are against delaulters and others against whom balances may be found by the accouating officer; such suits ure instituted at the request of the first or second Comptroller, by directioa of the Solicitor whose duty it is to examine the ducu- mentary evidence in the respective cases, prior to its traasmission to the District Attorneys, to asexr- tain whether itis in contormity withlaw. The solicitor alse indicates to the District abaress the sources from whence other testimony is to be drawn, and the principal steps to be taken prepa- ratory to aod on the trial, Such cases often re- uire a critical examination of the law of evi- lence, and the construction of statutes, and the preparations for their trial often involve mucr labor. As an illustration, it may be mentioned that there 18 now one suit pending, in which thir- teen large tranks filled with statements, accounts, and vouchers, have been more than once gent trom the Treasury Department to a distant city, to be used, if necessary, on the trial. i , The records of the office show the institution offour hundred and firty-six suits of this class, brought to recover $17,169,850 95. Two hundred and eighty-three of these have been decided in favor of the United States, and forty-five against them. The aggregate of the evllectioas, includiag costs, is $1,146,647 68. (Rhode Island is the ouly State in which nonsuits bave been instituted). The number of suits instituted against banks is twelve. The amount claimed $1,900,891 84. The aggregate of collections is $2,148,712 75, in- cluding interest. 2 —Svits InstinutED to Recover Finns, Penavtins, asp Foareitunes A These are mostly commenced by direction of _ the collectors of the customs, for vielation of the Tevenue and navigation acts. They are reperted to the Solicitor, and are under his direction. In their progress, he 18 often culled apon to to exa- mioe and eapress his opinion upon various statu- tory enactmects, many of which are of doubttul construction. This forms an important and labo- rious branch of his duties. Whenever, in the exercise of his discretion, the Secretary remits a fine, penalty, or forfeiture, the necessary instruc tion for that purpose is given by the Solicitor. Tne agzregate number of suits institured to recover fines, penalties, and fortenures 967. Ot these 1867 have been decided in favor of, and 355 against the United States. 425 suits have beea dismissed, and 489 remitted. The amount of recoveries tor fines and tpenalnes appears to be €99.742 47, ot which 367 09 has been collected. The amount realized to the United States from toifeituces 18 $612,950 08. Total collections, $647,817 17. 3—Suits on Duty Boxps, The whole number of suite brought on duty bonds is 8,440 Of these 3,662 were brought ia the State ot New York, 1,498 in the States north, and 3,280 south of that State. Of these, 2,717 have been decided in tuvor of, and 91 against the United States. These suits were instituted to i 489,197 31. The amount coliected is 130 54. The number of suits dismis: 1s , and 142 remitted. Nearly all the remaining suits of this clase are understood to have been dis- continued by a general order of the Secretary ot the Treasury, and by virtue of certain acts of Con- ress, witheut the fact of such diseoatinuance favieg been reported to this office by the District Attorneys. in addition to the duty bonds 1a suit or judgment, there are many old bonds which have never been prosecuted. The books of the Register of the Treasury show that there stands charged against the Coltectors duty ponds (some in judgmeut aad some no!) to the amount of $6,- 196,065 24; many ot these are nearly halt a century old, avd are valur less é ‘The Collectors are aehited with these bends on coming into office, and credited when they retire. This useless formality produces, in the published statement, a delusive exhibition of means ia the Collectors’ hands, equally vexatious to the Collec- tors, and iscompiehensiole to the public. 4.—Surts aGainst tHE Usitep States For tHe Reco- very oF Lanps. unpea THE Aet or May 26rH, 1824, EXTENDED BY THE ACT oF JuNE 17TH, 1844, ‘This class ot suits is contiaed to Louisiana, Florida, Arkansas, Alabama, aud Mississippi. The whole number 1a each Stat, and the quan- tity of lands, directly or indirectly invulved, 18 216--neaiy three-iourths of which are in Louisia- na. Of these, 32 were decided 1a tavor of, and 42 against the United States. [ao Lou- jsiana eleven out of fthirtern have been deter. ‘ned against the government, six of which hive peeil re Moved to the Supreme Court. The qnaa- uty ‘of lad claimed in all these suits, excludin, those trate, the Contents Or which are not state in the petition, 18 about 5,127,119 agréa, ana is {9 esumated that thoge tracts “un orise about 6,000,000 acies, mukiny in all, sav 10,127,019 acres, Taere are still pendieg 142 cases, all except two of which are in Vonrtaite, These suits embrace about 9,620,594 acres Letichate the quantity involved is suppowed to be many millions more. The land jo Iiation in thee suita 18 of very great value, Some portion of itis saa high state of cultivation, and hus been loog held under title 8 )pposed to be good, Some of the occupants derived title from the United States, The government enters upon this kind of litigation at a very great disadvantege. The claimant takes his own time to prevare his cave, and institutes his suit, when he believes it to be in such a condition as will enable him to recover. Prior to its commencement, the United States know nothing of nis intentions, nor caa they easily learn the facts which are to be urged ageinettbem. The testimeny that may exist in favor of the goveroment is often unknown to any of ug oflicers. Exceptwhat may be derived from the general land office, litde intormation can be obtained rence the trials so often result in favor ot the claimant. These cases usually involve the action of the Freneb and Spanish authorities, aad the laws of those countries, #8 well as the codes ot procedure an the States where the lands are situated, aad they theretore impuse a laborious and complicated doty, as well upon the Solicitor, as oa the Distriet Attorneys. A eingle land case has in some instan- cee constantly occupted this office for many days in its examination, and 1a the preparation of the necessary inetr@giions for a District Spay: These cases oce#py much ot the time of the Soli. itor. Many ot them involve the examination of the most difficult questions of law. 5 —Miaceciannous Surrs. This class incindes uli cases where the United States cue for debtsdue on centracts, and for injury to property, as well as suite in equity, actions ot ejrctments, &ec. [t also embraces all cases ia which directly or indirectly they have an interest. The most numer aod important of these latter conrist of suits against Collectors to recover back denies, claimed to have been illegaliy exacted of the importer. ‘These suits are nor usually for very lenge sums, but the principles decided may involve immense amounts. Although euits by the gavera- ment in revenue cases can be carried to tne Su- preme Court, without reference to the amount tn- wived, the act authorizing fuch removal does not } extend to suits against its officers. Suits, there- fore, not untrequently arize in which the diciston of an inferior tribunal 18 final, because the sum in controversy will not allow an appeal to the Su- preme Court. As these tariff questions are usuall: finally disposea ot tn the District and Circuit Courts, they necessarily require much preparation and atteption. Of miscellaneous suite, 844 have been commenced, 311 of which have been decided in faver of, and &7 against the United States, 87 dismissed, and one remitted. ‘ From the toregoing, it appears that since this office was created, 13,719 suits have brea insti- tuted in favor of the United States, and 216 against it, making ie all 13,935 Ot these, 5,221 nave been determiced in favor of, and 620 aguinst the go- vernment ; $37 have been dismissed, and 602 re- mitted, leaving 6,661 stull undisposed of. Ot this number, it is believed, over five thousand com- menced on duty bonds, have beea discontinued by Disirict Attorneys, without reporting that taet to this office. The amount sued tor is $25,559,940 10. The total collected, is $6,195,160 58. Since the estimates were compiled, returns have been received from several clerks of courte, in pursuance of anew general rule, of all peadiag suiis wherein the United Srates are parties. Tnese returns have developed the fact, that there are spending many goveroment suits which had not ‘been reported to this office, while others have been finally disposed of without a proper return. Hence the estimates given can ane be relied upon as approximating the truth, but not as giving the exact number of each class. Some of these errors may, perhaps, be chargeable to this office, but mostly to other sources, The new forms and in- structiong conceroing returne, and the conceatra- tioa of all suits reported to the office, upon one docket, itis confidently expected, will prevent all future difficulties of the kind. Prorenty Receive in THe CouLEction or Dents. In the collection ot debts due to the United States. it 1 often necessary, to prevent loss, that the property ot the debtor be bid in at public sale, or that an assignment of hit assets be received. This duty ie confided by law to the Solieitor, mach of which he is compelled to perform through the agency of the District Attorneys and others, who actin pureuance of permanent regulations, or spe- cial instructions issued by him. Heretofore, nu- merous tracts of land have been bid in, upon the resale ot which great losses have been sustained by the government. Agents are now much more resuicted in their bids than formerly, and since June 1, 1847, but one instance has occurred of lauds being bid in for the government When entering upon the duties of tia office, the undersigned deemed it his duty to dispose of all the lands then belonging to the United States, controlled by him. The mode of sale adopted, und which has proved an advantngeous one, was to advertise, inviting bids for the interest of the Uai- ted States in each piece of land. A copy ot one of these advertisements is hereto annexed, marked No 7, 1m the Appendix. On examination, the So- heitor found nearly @ thousand lots ot land subject to the dispositior of this office, some ot which were acquired as early as 1816, and all of which were by him advertised for gale. These, with some substquently discovered and sold, have re- alized to the treasury about a quarter of a million of dollars. A large numoer of assignments and conveyances, made many years since, have also been recently discovered, which cover real estate. A thorough examination of some ot these has re- sulted in ascertaining that the United States are owners of several valuable lots. This investiga- tion it is designed to continue, and itis expected that another year will be sufficient to close all these old land matters. O.p Jupaments any Oren op Dents. The records ot this office show about six mil- hons aud a half of old judgments on duty bonds alone, 10cluding those judgments prior to 1830, A. statement from the Register’s office makes the amount between three and four hundred thousand dollars less. This difference may be accounted for by adverting to the tact, that when the bonds on which judgments were obtained were charged to the Collectors, no interest was probably included. The oggregate of ali other upsatistied jadgments is estimated at about the same sum. making in round numbers about $13,000,000. To this sum may be added over $7,000,000 ot balances standing onthe booke of the Register of the Treasury, not known to be in jadgment, which make a total of $20,000,000, due to the United States. These Gebts have been accumulating ever since the or- gavization of the government. This) enormous mars of debt, excepting recent judgments and claims, is of but trifling value. So far as is known, the parties owing most of 1t have long since been dead, or have become insolvent. Tne greatest possible vigilance by this office, and those acting under its direction, has almost entirely failed to rerlize anything from this vast amount of old debt. From the occrsional effers ot small sums by a debtor or his friends for a full release and diecharge, or trom some _ other person for an assignment, it 1s inferred that some of the debtors have property whicn private peace could reach. It is respecttully suggested for the consideration of Congress, whether it is not ex- pedient to authorize the sale or compromise of such old judgments and debta as cannot be coilect- ed by the ordinary process of law, after a trial of aspecified number of years. This would greatly reheve the records of the department of matters which only encumber and mislead, without being ot any value to the goverament. A considerable sum would probably be realized. by a proper exer- cise ef such an authority. Generat Ruces axp Recuiations Soon after this office was establisied, the then Solicitor adopted and issued general rales and re- ulations for the guidance of Collectors, Marshals, Bianot Attorneys and Clerks. These were modi- fizd from time to time by circulars issued by the Solicitor. A revision of these was made in No- vember last. The new regulations are designed to secure strict accountability. The commence- ment or defence of suits, without express instric- tion trom competent authority, 18 forbidden. They contain tull instructions for the prompt settlement of accounts, and by them the protection of ali public property under the care of the Solicitor 18 amply provided for. A Revision o tHe Laws. The undersigned, whilst la the discharge of the vaiious duties devolving upon him as one of the pringins) Jaw officers of the government, having had 18 attention particularly directed to the subject of the 1m; Unite cull the attenticn of Congress to the great ne- cersity of an inimediate and thorough revision thereot The rule is weil settled in all judicial tribunals, that every person is bound to know the law. This Tule 18 inflexible, whether life, liberty, or property 1s involved. He is bound to know all the nice and subtle distinctions of the common law, as well as the rules that are most obvious and plain. He 18 also required to conform his actions to the sta. tutes, whether plain or complicated and doubtful. tis no defence that they were unknown or mis- interpreted. The establishment of and adherence to these rigid, but necessary requirements by go- vernment, impose upon them the corresponding duty of rendering their laws as plain as humag agency can make them, and of placing them with- inthe seach ot all who are to be governed and controlled by their provisions. Laws which can- not be understood without great learning and abi- lity, do not command respect or ready obedience. Those which are not tounded in the obvious pt ciples of jurtice are not easily enforced, but fal into disrepute. The goverament iteelt, when it attempts to enforce them, becomes the subject of reproach, and its authority ia not respected. Ju- rfections of the present statute law of the rors, if not judges, often conform to public opinion, apd defeattheir execution, whenever practicable. This results, not from an intention to violate duty, but from a desire to do justice in spite of whutis deemed an unjust law. Jurors seek to correct what they deem improper legislation ; and this they will continue to do, so leng as public optnion will sustain them. Such results mutt be occasionally expeeted, until the law is made to conform to principles which are conceded to be clearly just. These remarke are particularly applicabie to the laws of the federal government. The people of each State participate more in making the State Jaws, regulating and controlling their rights, duties, and privileges, than in those enacted by Congres. Their State laws are found ia every town, and in almost every school district, and are administered by their local magistracy and town authorities. The people hear them datly discussed, and explained in courte elsewhere, and see them applied to the every day transactions of lite, until they become comparatively familiar with them. ith national laws, it 18 different. Its belt ved that not one in a thousand of cur citizens ever attended @ national court, or saw a volume of Di al etatutes or reports, Except ia commer- cial places, few even ef the movt learned members of the legal protession protess to underataad the lawa of Congress. The mage of the people have Do opportunity to see or learn onr national laws. Stull they are bound to knew them. Bit should they find our statutes, a8 now published, couldthey understand them? Place them in the hasds of a citizen, or even of a good lawyer, who hag not States, deems it his duty, respectfully, to | r | But this does not dispense with rom them what the statute law is? It is tnought the task would be well nigh impossible. For the purpose of illustration, I wall refer to the law concerniog the fees of District Attorneys; others might be cited with equal etlect. By a general law of 1813, attorneys fur the United States, for the Territories, are to receive a silary of two hundred and fifty dojlars, besides the “usual fees ot office.” What these usual tees of office are, is pot defined. If this act does not apply to Oregon, it will be difficult to determine the tees to be _al- lowed the District Attorney ot that ee The act of 1844, creating that office, gives to the per- son holding it the same fees as those provided tor the District Attorney in the Territory of Wiscon- sin. The act relative to Wisconsia refers to that establishing the same office in the Territory of ichigan. The Michigan compensation bill reters to that of Indiana Territory, and the latter to the compensation provided by the ordnance ot 1737, and the laws of the United States for similar officers in the territory northwest of the river Ono, Referring to said ordinance, the office of District Attorney 18 not created, nor are fees pro- vided tor him.” The Governor and Judges ap- pointed under that ordinance, however, were au- thonzed to adopt and publish such laws of the original States, as they might deein applicable. Under this latier clause, they may have selected a fee bill, or the territorial legislation may have pro- vided one; but whether this is so, cannot be easily ascertained by the taxing officers or the District Attoruey of Oregon, By the act of 1799, District Attorueys are to receive ‘such feesin each State, respectively as are allowed in the Su reme Court thereof.” {t has been questioned whether this law applies to the States ddinitied siace 1799, buta more serious difficulty arises in the several States where there is no such court, or no tee bill atall. The fees allowed to many District At- torneys, are, from necessity, a matter of mere dis- cretion in those States where there is no tee bill. Oor statutes are scattered through sixty years of legislation ; ia their most compact form, they ex- tend to about tour thousand very large pages of fine print, without any reliable evidence to distin- guish those which are in force from those that are obsolete or repealed. The ablest and most learned lawyers often differ in opinion, whether certain statutes are inforceor not. At each session laws are passed, repealing or changing former ones, ina manner to increase this difficulty. We often see it provided, that a law reterred to shall not be con. trued to mean what 1s specified in it. Statutes are frequently repealed by enacting ‘that all acts and parts of acts which are inconsistent with the provitions of this act, are hereby repealed.” Whatis thus repealed is often involved in doubt, especially, when several acts have been passed on the same subject, with similar repealing clauses. Acts are often passed referring to and adopung others. An instance of this kind, showing the effect of such legislation, will be cited. By the Ith section ot the act of March 8, 1847, establishing post routes, the Postmaster General is authorized to procure and iasue postage etamps. It 18 also provided that any person who shall falsely and fraudulently make, utter or forge any postage stamp, with in- tent to defraud the Post Office Department, shall be deemed guilty of felony, and, on conviction, be subject to the same punishment provided ia the 21st section of the Post Office law of March 3, 1825. By examining the section referred to, it will be seen that it provides four different penal- ties. The first a fine not exceeding $300, or Fix months imprisopmeat, or both. The second, im- prigonment not less than ten nor more than twenty- one years. The third, a penalty not exceeding oo and the fourth a like penalty, not exceeding Although a forgery of postage stamps is under- stood to have been discovered, the proper court is said to have held, that the provision of the act ot 1847, above referred to, is in effect void for ua- certainty. , The act of the 22d inst., concerning the authen- ticating certain records, may also be cited. The firet section of the bill as originally reported contained a provision authorizing our ministers and consuls abroad, and judges at home, to take testimony in certain cases, under commissions, which, when certified under their seals, was to be declared to be legal evidence. The second sec- tioz provided, that on certain records being authen- ticated in a particular manner, and certified under the hand and seal of said minister, consul or judge, mentioned 1m the first section, to be true copies of the originals, they might be filed and used in acertain manner. In its progress through the two houses, the bill was amended by striking out the first, without changing the second section, which thereby became the first As it standsin the statute it reads, ‘and when the same shall be certified by such minister, consul or judge, men- tioned in the first section of this act, under mis hand, &c.,” although, in fact, there isno minister, consul or judge described in said first section, so that the provision eeems to be entirely without meaning. : Again, itcften occurs that the Legislature use words of doubtful import, which are the subject of different constructions in different States by the national courts, seriously affecting the rights and interests of the citizen, as well as the goverament. A single example will be given: By at..tute, no per- son thall be amprisoaed for debt in any State on precess from a United States court, when, by the laws cf such State, imprisonment for debt has been or shall be abolished. This reference adopts thir- ty statutory enactments, and many ot them sup posed tobe widely difierent. In many of the States impriconment is abolished in all cases aris- ing in contract. Itis supposed that Congress, ia using the words “imprisonment tor debt” intend- ed only to include cases of this character. But it has been recently heid by a United States Judge, that it extended to all cases of fines and penalties for violation of the revenue and other laws, when the remedy is by ‘ action of debt.” The conse- quences are, thatimasters «f vessels, and especially those from foreign countries, commit offences and | incur penalties, without being really in aay mia- nerrespoosible. This in eflect annuls the statutes imposing fines and penalues, when the remedy is by action of debt. It 18 also known that subordi- nate )ational courts have made decirions, which are notacquiesced inby the Executive Depart- ments. The number and extent ot the lawa relat- ing to particular subjects. renders the task of ex- amiping and understanding some of them almost hopeless. In 1844, tve revenue laws theretore patee d,were collected ia a volume,containing to 436 chapters, and extending to about 1,090 pages. It is believed that not over two hundred pages ot all thie mass of un ted mattergis now in force.— Several important statutes on that subject have | been since enacted. More than twenty years since, the land laws were published in the same manner, and extended to over 1,000 pages. Numerous acts have been since passed on that subject, but it is probable that notover one hundred pages of the land laws are now operative. [t isknown that some of these wer~ so difficult to be understood that a commis- sioner iseued land patents that required speotal legislation to, render them valid. A suit has been directed under a special law, which will involve, among other thinga, the validity of a President’s signature to a land patent. A wuit ie also pending which iovolves the bouada- ries of a land district. Indeed, numerous ques- tions are raised under these land laws, most of which grow out of their confusion and obscurity. By the act creating the State Department, a spe- cific eath 18 prescribed for the Secretary and others. other oath, which is provided sn a diflerent statute, and re- quired by the constitution. There are other simi- tee ingularities in the statutes concerning oaths of office. Out of two hundred and ninety acts relating to the judiciary, not over one huadred pages of the whole are now in force, Some ot these acts have been repealed, while an occasional pro’ been apnulied by judicial agrestis thorized by the conetitution. But which acts are in force and which not, is not easily determin- ed, even by the best jurets. Owing to thie diffi- culty, it 18 ‘understood that officers in the Depart- ments, who have devoted years to particular branches of the public service, are often in doubt as to what the law really is, This difficulty is greatly increased by the numerous authorized in- structions issued by the Departments, having the force and effect of statutes. These extend to vol- umes, and are 80 complicated as to render it doubttul which are binding The governmentis often involved in litigation, grewiag out ot these instructions. Suits of this character are now pending in our national courte, and one among them involving the question whether a particular instruction was really in force ornot. If these laws and instructions embarrass the officers of the government, and are questionable before the judiciary, can it be expected that masters and ‘owners of vessels, the sailor, the soldier, the ordi- sary citizen, aod the stranger, can understand them? The thing is impossible. The national laws are not, and cannot, now be understaod by thore who are bound to know and obey them, at the hazard of life, liverty and property. of should be revised and compressed, as they well can be, into one common sized volume, and placed ractised in the national courts, can he ascertain | witl the reach of every citizen at simple cost, if not without expense. To vay nothing ot foreign governments, most of the States composing the contedrracy have set the example of revising their statues, bringing them into as small a com- pase as practicable. Sone Tevigions in several ot the States are each included in a single volume. Some of the States have revised their laws several times within the last fifty years. If any persoa doubts the propriety and necessity of a revision of our national laws, he will cease to do so, when he attempts 10 perat out these in force, prescribiag the duties of the various officers of the govecament and of the ciurzen. In examining more than sixty volumes of session laws, he will with difficulty satisty himeelf which provisions are in force, and which are not. The undersigned speaks advised- ly when he state, that nothing in any published edition can be relied upon as decisive ot this ques- tion It can only be settled by a thorough and careful examination of the statutes themselves. [n doubtful cases, it 1s frequently necessary to reter to the adjudications of the courts, to determine the matter, and it will be found that the judges of our highest courts sometimes differ in opinion en such questions. , itis possible there will be some difference of opinion concerning the mode of accomplishiag this great and necessary work. The extent and difficulty of the labor will be great, aid_ will ne- cessarily require protracted and pstaabinduacy, No one can properly engage in such an undertak- ing, who 1s not an experienced lawyer and con- versant with constraing statutes. To accomplish this work with success, those employed in it must be familiar with the questions raised uader the Jaws, as they exist, in order to understand and pro- yse the proper remedy. While Register of the ‘reausury, the undersigned made a report, which was communicated to Congress by the Secretary, ¥ (House Doc. No. 43, 2d Session, 29h Corgress ) wherein his views are briefly given, and are in part as follows, to wit:— 46, The resolution of the House requires the sugzen- tion of a mcde to secure the framing of a proper aad Satisfactory code (relative to navigation laws) to ba submitted to Congress for its consideration.” If each & code is to be confined to the matters included in the terms of the resolution, { think it should be prepared in the Treasury Department, by those who have been long engaged in executing those laws,and who bust kuow their defects. Tnvse persons should be alded by the advice of the Secretary ot the Treatury, and other officers of the department, whose experience would enable them to make useful suggestions, But it Congress should conclude to inolude all the ge- neral Jaws in the revision. then other persons should be added whose experience and legal acquiremeats have qualified them for the tark., Instead of oreatlag @ new office for the purpose, it would be much p:efera- dle to arrign it to those whose duteis will permit nem to attend to it, whore practical knowl: en of the existing evils will best enaole them to kao what remedies ought to be applied. bree such and subordi: under the general direction of the President. These views have undergone no change by lapse of time, or change of position. Experience in this ¢flice strengthens and confirms them. All laws relazing to the duties of each particular tribunal or office, should be brousht together, as far as practicable, and re-enacted in appropriate eubdivisions, with such additions or omissions as experience might dictate. For instance, instead ot pumerous acte, providing different, but some- what similar powers for the district courts, oue provision, conferring unitorm power, should be made. Instead of the variovs powers conferred upon different departments in relation to authenti- cating papers, one ae provision should apply to all. One oath of office might well supply the numerous epecial ones found in the statutes, aad instead of near a hundred provisions authorizin, the different departments to prescribe forms, aa make regulations, one provision should cover the whole. In this way, ten, twenty, er a hundred pages might be reduced to one. in the same manner, the powers and duties of the various functionaries of goverament can be epitomized without being changed. Additions to the present law seem also to be de- manded. While there a,pears to be well founded complaint against those provisions ia our revenue Jaws which create severa! penalties for the same act, our criminal code is defective in not providing pua- ishment for several offences of frequeat occurrence. It 1s an offence agamat the statute to couaterfeit certam coins, or to utter them as true. But there 18 no provision applicable to uttering them as false. Hence persons arrested for telliog spurious coin, as false, have escaped punishment. There are many other detects equally palpable in our crimi nal code. In some instances local |aws have sup- plied a portion of these detects; but this applies to only a few States. Offences, as well as their pun- ishment, ought to be mere clearly defined. It is respecttuily suggested that criminal cases be re- ported tothe Solicitor, in the same manner as those of a civil nature. If regular reports were made to the Solicitor, by the proper officers of the Circuit and D strict Courts, of all prosecutions for erimes and off-aces against the penal statutes of the United Statea, the stutistical information, which this office would be able to furnish to Congress, would uaquestionably be of much value, in case further legislation ea that subject should be required. A gene al super- visory power over these cases would enable the Scheitor to give such instructions to the Marshals and District Attorneys as would secure the appre. hension of many dangerous crimiaals who might otherwise escape by fleeing from one district to another. If samples of the counterfeit coin, trea- sury noes, certificates of stock, &e., obtained by officers im the performance cf their duties, were forwaided to this office, it m'ght be found that the fraud was of so dangerous a character as to require extraordinary efforts on the part of the government to detect and punish the off-nders. In many instances, too, the publication of a full and clear description of such counterteit, with the means of detecting them, would not only serve to protect the honest, but would render tke business of dealing in them more hazardous and less lucra- tive. An annual report of the number of suits between individuals, pending in the District and Circuit Courts, stating the Jength of time they have been in court, &c., would also be usefal. A fee bill for District Attorneys, Clerks, Mar- shals, printers, jurors, witaesses, and commis- s;oners, should be provided. Rlessh cide Seeiad Sean P iso8 Aide A revision of the laws, such as the undersigned suggests, would not cost a tithe of what 1s now anpvally lost to the government for the want ef it, nie nothing concerning that sustained by the people, . ; All of which is respectfully submitted. Ihave the honor to be, Very respecttully, Your obedient servant, R. H. Giiuet, Solicitor. .R.J. Warner, Hye Secreiaty of the Treasury. Capra Meerii.—We are glad to learn that Mr. Pardee, our member of Assembly, has intro- duced into the House a resolution for according a vote of thanks anda gold medal to our tellow- citizen, Captain Merrill, for gailant and meritorious services in the late war with Mexico, which w: referred to the military committee. Captain Mer- nillisa brave and gallant officer, a native of Gene- see county, N. Y., who has paseed through much hard service, both in the Florida aud Mexican wars, with credit to himself and honor to his coun- try; a modest, unassuming offlver and scholar It is to his pen that the public are much indebted for valuable information derived of the operations ot the army in Mexico. The best aad most graphic accounts we have ever seen published ot the valley of Mexico, though not intended for the public eye, were trom his pen, and noted dowa at the time, trom personal observation, published in our paper, and copied into many of the leading journals of the day. We understand that the captain kept 4 full journal of the Mexicaa war, so far at least as its @perations came under his observation, which we hope some day to see published. We hope the re- eolution will not be permitted tc sleep, and that our State will honor those in_her councils who have honored hor in the field —Butavia Advocate. Tur Patriot Mitcur..—A_ private letter from Bermuda, to a gentleman in Washington, speaking of this noble, but persecuted putriot, says: — I bed the melancholy pleas & few days sinoe, of the Irish pat «Poor felow! He jeary- worn - rarely, if ever. smiling and bed in brooding over hia dexpe- a apology of the fra to be two years since, His trea’. ail other respecte, iy rigorous enoazh; though free to beliave, ia lees gailimg to his pout spirit than the Koowindgs of his faien condition Hs raye little, thoogh evidently rhinte mnoh —thongirs that partake of parsion, rathat then meeknana, or a4 tended to ooucilinte revenge 1 is the powerful ba contive of retribution, which fesin4 alone ty keep hia alive, ° . . . . Adsms and CURIOUS CASE OF FRAUD —SRCOND DAY. Marcu 14 —The counsel for the accused ha the Orst day of this trial, propornd to putio the letter which the prosecuting witu+s to Madame Bertir,through the mediam of Cnomder, Mr. ig objected, fusamach that it was sealed Tetter—it not baving beem delivered to the parson to whom it was addreered . therefore, it coald not be received in evid t onecuting witness; aad for the pur- pore taing hie position, be cited the case of Gientworth and Mitchel. ‘There wore matters in the Mr Whitiog sald that the ened him-elt of nd that the o had been produces which had not been deliveced to the perrons to whom they had buen addressed If he wrote # libel. and put it in his pgsoa hole, cold the officers of justice com» and take that for ths pur. pose of uring it im evidence against him? Orif ne committed a forgery, could the forged insteanan’ he ‘ured against him if it had got left his possession? he must publish the libel. aod utter the forgery, before they could be given in evidence agaiaxt him Ifthe accused hadgiven that letter to his counsel sealed, could he have opened it? No. If he had presented it to tbe court, could it have broken the @-a? No; it would order the lady t> whom it hid been aduce sed, te besentior. He contended that the litter ia ques- Lom was still a sealed letter, and theceiory it could aot be submitied tothe jury. His Honor ruled tat those points which were sai! to have a reference of a delice evn tercowth ri persoo should not be read, but that the remainder of it mignt be. It wan addreseed te Mudame Bertie, wad appeared to be an explanation of the proseouting witauss as to hin mirfortunes in trade, and asto the cause of his having left New York, Yesterdey morning, Mr Graham said he considered that the letter was an impor/ant one, aod that ne must insist upon their giving ic fully in evidence, He did not wish to prejudice the rgnts or ty wouad the fer ngs of apy other party, but the leiter was eun: ntial the care of bia che: t. He, the learned counsel, tirely disavowed the use of it, exeept for # perfeosy le- gitimate purpore. The Court ruled that thore portions of the letter which bore upon the case had aiready been re: that the whove of it was aot neovosury The orose examination of Me Afavr was then re- sumed by Mr. Grabam.—Il+ had nev to Mr. Kosenthan to becowe « witness for him; had never told him that he was in » passion for losiug the ; that it was mot the $10.0 be cared for but that for the letter; bad never made use ot any such language to him in hiv life; couid not exactly say how much money be hed taken with him to Chieago; thought it was over $2.000; could mot aay if 1s was $2,600; could not say how mach he bad brought back with him from Cnicago Many Bertie was the next witness - She knews Mr Afner; recollected when he left the city; it w about May, but could not be particular; knows the scoured by sight; be called at her house after Mr. Afner h dleft. andioquired where he lived; she bold him she did not know; he told ber he bad a letter for ber; witness asked himto give it to her; but hw said be bad not brought it with bim, and that be would send it to her through the past ofice; he then left the bouse; this convereation took piace about the 4th of July; shortly after, on the sawe morning, he (the ac- cused) returned to the hor and apologized forthe mistake be had mad had no letter for her; he said be was Mr. leener's intimate frivad, (this was the name which the accused bad given Mir’ afaer fn order to enable bim to elude his creditors.) bis cousia. and that he would net bave missed seeing him for $500; and that be had letters of great imporsance for him from Furope; at the same time he produced » wate’, which he raid bad belonged to Me. Isener, whe bad exchanged it with him for a larger one; he then expressed hia regret that he had not been adie to flad him, adding that be hud passed the whol ing for bin; be then weut away, that verration sbe bad bad with him. Cross evamined.—Last Ju'y, the conversation took place; bad not # ; did not kuow bis name at that @id not know where he lived; occurred at the hail door; the t to open the door; she i Pi he sat do» od remsined ta conver bout a quarter o: jour; he did not tell ber the obild © passing ia and out daring ion; witmera did not ask him his nene; did not tell him thet Afmer was in Earope; knew Mr. Afner for the first time when he came to de at her houre, [The witness was axked hew he had come to reside at ber house, She told the learned couas:! to arckrim) She could not tell that; be came to her houne im about ten daye after his arrival in the city, from Londo: a not known him prior; bad coms to her as asntranger; did not keep boarders; had o+ver met bim betere h« had applied to her for board; had aovertied in the morning Courter for boarders; thare were (wo other gentlemen boarding at her hou te the same time with Mr. Afner. who bad oncapied « room tor vigbt Wonthr; it was toher that Mr. Afoer bsa applied for board when he called at her honse; for the first four months he did not wat at her table; Dae been married sixteen yeare; bas been married be- Jore,to Mr. Milner; she lived ia Philadelphia wich her brother and grandmother; was not th any business before her marriage; when Mr. Afoer cams to board be pave the name of Hener; bad not learned that that was not hie real name until after his troubles with Ckomder; bad told ber that be could not give her any reference when he applied for board: she did not him about bie meaner; hed trusted to his hoae ty entirely; never mado any repre reptation to her about his property. or as to ite ; bad never asked him any questions When the witness wi ked what reason Mr Afner had assigand pg ber boure, ehe told the lvarned counsel to : bad seen bim in Canal a was on friendly terme with bin as an arquain' ; bad not had to change her good apinion of him; whenever he her $n company with her hurbaod, he joined the did pot pow visit her houre; he did not after he bad failen from a horse she Canal street, perbaps twice; bad ne seen him any where elre except at her house, and at his lodgings, when he was ill, Davin Warr dence e ration al aca 5 led upon hia ia ne was the next witness.—His eri- witnens) had given Ame- ‘ness ise merchant, and resides in Beaver street. On bis orose-examination. he seid that be bad been to Vienna three times since he had been in this country; he had never heard of Mr. Afoerin Vienna; he (witness) had not asked him where he had jot the money; had told Afner that be had come from Vienna, where he (witness) had resided. but not for w long time together; witness knew that Mr. Afoer had the money, from the fact of his (tre witness) having rpoken of sovereigor; witness had told bim that be would take a thousand; Mr Afner replied that he could Jet him have 850. Mr Gkstam then rose to address the oourt —He contended that the proofs were not sufficient tarus:ain the indic'ment: snd secondly, that the pretences alleged were not the rubject of an indictment Even it the accused were trim. Mr. Af- as civil right of recove-ing agsiost of this amt osuld by sustained, goarded the complain. joet the injury complained of The 1 was of opinion that suck cantioa He cited some authorities. among the People vs Williams, 4 Hill, pag tleman, with dis utual eloqasnse mentation, argued the above men- sufilsient that indictment be 4 they were it bound to prov caution pot been obrerved by the prove- cutitg witness, there was no gronod tor aaying that he had not observed it, because he had basa adviaed to conceal bimeelf, to shut himeelf 29; aod therefore, if be bad gone abroad to make inquiri-# as to whether bia creditors had come from Europe or not, or to atorrtain whether what the secured had told him was correct or not, he would have dons that which he hid been in- ttructed, as a matter of prudnace, not ta do It being now after three o'alock, the Court was ad- Journed until 11 o'clock. this day Ctreutt Ce Before Judge Mancn 18 —Rohert Dunlap v Charles Minturn --This wav an aot The ta bed contrasted to reonive from win of bi on the 1th of June, 1847, aad ‘ae on that day, bat eles it, 1m ovasequence ards, Albert Woodhwll and fon to re. ' te of which plaintift '« borge was detained tea or elevin ya beyond the tims contracted for. The defeana wan that the was oceasionad by the crowded state of the port, aod an uvavoidable accident which Papoened tothe receiving vessel by having her balk bead stove in. Under thore circumatentes, counsel contended that the delay was wot uoreasonab'a. aad that plaintiff? could not recover. Sealed verdict to morrow, (this morning ) Supreme Court —Generat Term t, Justices Jones, Kdqoudannd Hurlbut. Marcu 13.—Cause No. 1 was rerumed this moralng, and the argument concluded. No. 14 being thy naxt use in which ¢ igh ned wore ready, was and partisily ar; Tt will be resumed to-morrow, (this morn: U, Se Circuit Court. Prenent Justices Netron and Bette. Mancn 18 --The court was ope: to-day for equity businerr. bat none being, their Honors sdjouraed the court without day ‘The Distriet © returns to is Honor adjourned Mancn 18. Hi This Day, Cinevit © 14. 14, 31, 89, 49, 41, 67, 72, 92 to 161 inolusive; 164 to 110 inclusive. Common Peas —Firet Part—17, 61, 87, 93, 95, 97. 09, 101, 108, 166, 107, 109. 111.66 Second Part -48, 319, 114, 120, 126, 123, 100, 132, 63, 75, a me No; | HRERALD. TWO CENTS. Police Intelligence, ; A Juvenile Rogue Fallen inion nie O day atternoe: Shick. aged sixter Trap. —Yester- email boy, by the name of Albert are, Caine tO tre police office as scomp'sinant agal poor igaorant looking (rish- ry 8! ame ot Thomas Donovan. whom (he boy ed wit! ealing $26 in bills, from his hand, while slong New street. It apovare the boy wasia ta Broad- way. b with some cigars to # house in Water Ing to $26. This bill the boy re return to the store, up Ni ed the money from d.and ‘The boy, however, tastead of waking 4 urwat avise by calling out “ Thief!” &o., quietly walked up half @ block, snd procured the sid of offlaer Barns; tod the bed been robbed. and took bim bask to where the Iriebman was standing aod acoused him positively Ratreet, the acoared «nateh- of stealing the morey. ‘The officer took the maa into oustedy on the charg: od on ther way to the police office, the boy 4, “There is some of the money no’ *8 three peces of silver, namely, half,dollar and two quarters. fli on the side- Ik This money was supp sad to beve coms from the person of accured, it Way therefore taken up and brought aleng asevidence agaiust bim Che boy, om being questioned by Juatice MoGratn, respecting the monry. very soon coavinced the magistrate thathe was telling a fairehood, and that, io fact, he hit sto en the money bimerif, and adopted this metho of ao | guslng the poor inorwnt Iri:hman, im order to relieve himeeif frou suspicion; but this ruse was unsvailing, an the young iarcai was detected in this ourrageous piece of villany. Tbe magistrate disc sarged (he poor rishman, who evidently was wn inasceat cava, and committed the boy to prison, to answer thy onarge. Every part of the boy’s clothing was carefully a-arohed, but no money found; thureforw it way evident chat he had concealed tte mary sou where, befiry ae charged the [rishman wits the /arceny. Arrest of Another Countrrfeiter.—Mosers, Haye, Welch, and Sparks, of the independent pote, No. 6 Wall street. received a letter. yestertay, from the Pre- rident of the New England Pastis Bai Nocta Provi- dence, setting forth that the a:complioe of *Vil iam H. Boyden, the man now under arrest in thiscity charged with forging @ $4 plate on taut bank, has bevn arrest- | ed at New Bedford. Marsachuset He goes by the ne fi 4 ied having paid ing the plate, aa: sipess comple! The accused was committed by the magirtrate to answer Charge of Burning —Otcers Shadbolt and Wall- ing, of the lower polar. accested, yesterday. a white man. called Matth Barron, wad tw» Diaok follows, called Jack Bohema and An‘hony 4. hows: or mora ormmonly oailed“Unole Tonw,”’ 0: "ge of faduo- ing Peter Thompson to enter a hor on Saturday last, un iding a bet Kk of cards wore in- was asked to mak+a@ bet d and for taat purpose pulled from his pocket $: rich maey #as im andi- ately snatched by one of the negr: es, woo ran vif with it, Jenving Mr. Thempron im a very narvous state of excitemest, Information was given to the poice, and the revult was the arrest of tne guilty parties, Justice MoGrath committed the scoused parties fer trial, fA Small Potato Thief, A man caliiag nimsslf Richard Taylor, alias Hill. was arrested yesterday by officer Reed on « charge of st-aliog actosk ve‘ued at $18, the property of Mr Charies Horst, one of the beardere at the Hadson River Hotei, corner of Hobo- hen and Weat streets. He was taken before Justice McGrath and committed for trial Pleas 13 —Robert Mikinvs. Joseph Harrison. —This wan an action for work and labor; the amount olsim- ‘ed that the defendsas. in the the coraer of id to bis mis ortunes, ia the year he became afflicted with rhea na- tiem. be employed the piaintitl to tend him, and retained him. anis alleged, trom the month of December 1847. to the moath of F-bruary 1848, in the character of ® nures; duriog that period, tu he perforued vecious meatal ser- for the defendant, ruch as procuring medicine apd administering it to him. helptog him {o and out of bed, &o., for which he seeks to recover compensa. tion in the present suit. For the defenoe It was alleg- ¢d that the services rendered were laconsiderabie, aad that defendant offered to pay plaintiff. before the suit was brought, $30, which more than covered ths ¥: of any eervices performed by the plaintiff. The jury, after & brief charge from the court, rendered « verdict for plaintiff for $47 Before Judge Daly. Mancn 13,—Chas. Devlin ve, Horace Greeley ond Thos. McElvath.— Chis was an action for libet. grow- 1Dg out of w political diapute between the barnburners and old bonkers of the 4th ward. It appeared that plaintiff attempted t) reform the morals of the 4th ward, and, a8 he alleges, was opposed by the thea Alder- wan and Acsistent Alderman; the coorequence was, he caveed @ circular, addreend to the elnators of tue ware. to be printed and pubilshed, comolainiag of their opposition to bis laudable endeavors and had it exte sively circulated im the w The Alderman Artistant lodged a complaint against the plaiatilf be- tore Justice Drinker, The circumstan 8 reported next day in the morniug paprre. with to wit, that Mr. Devlin was ne Jaint in a sum of $500; ji ; Upon which he went to the policy offise, and there ascertained that Ald-rmaa Parser aod As- eistant Alderman Mullen bad each lodged « conplaint og! thim Hethen gave bail, and Das over since Be bout it The defence vas, that the a sitogether unacquainted with the politicians cf fourth wer report was sent in by th jon reporte jal wy, and Was Inserted a8 all such items are, without their super- vision or knowledge; that it was iuserted in th» paper of tte 10th of April, 1847, and thas the first they heard of it was on the 13th, three daya afterwards, when they were arrested by the Sheriff at the plaiotit nuit; that as they were unacquainted with ths parties and with the circumetances which gave rise to the report, po malice could be inteuded, aud therefore that damages ought not be given by ajury. Che jary rendered # verdict for plaintiff for six cents damages and six cents conte, Larson or Guy day. from M syard, foot of Sixth atrest, Batt River She bed her maete io. and they were beautifally decorated with fings, which mete & fue appearance a8 she glided into the water, The abip Constellation, which was launched « few dys riace. la whort dis- fiow the yard and ber deck was filled with sorc- were alto the decks of some other vessels that. ny convenient ‘The Guy Mannrring is of « fine mo- dei combiaing great sireog’h with elegance ; ane ie about 1/00 tons burthen. 100 feet long 42 feet beam, and 29 feet depth of bold. She is owned by M Tay or and Merri |and is to be commanded by Capt. Edwerds, Jate of ete ship lvanhoe We understand phe in inte nded for the Liverpool tru Steamsnip Canscent City —The favorite stevmsbip Crareent City, Captain Stoddard, will sall to morrow at 1 oclook for Chagren giving thore wishing te go to Call- fornia a fice opportunity of doing so. Movements of individual Mr. J E Darivage, of No# Orie this city, left for California on the General John E. Wool is now in Warhington. The Hon Grorze W. Crawford, Seoretary of War, arrived in Warbiogton en Sunday evening. ‘The Governor of Mareachune cts bus appelated Thars- dey, the 12th of April. as a day of public fasting, hami- Nation and prayer. Acos! mine has been discovered near Cincinnati, Obio, which is raid, however, to be not very extuasive. Rev. Silas Aiken has received and accepted « call to become pastor cf the Congregational churoh at Rut- Jand, Vt. Rev. Thomas Driver, pastor of the Baptist church «® Stanbdridge. Mars., has gerigned, and is about to leave for California. | . The Wabesh and Erle Canal was opened for navigar | tiem om the 10tb inet An extensive paper mill has been erected and put in Opermuon Bear | ursaloora, Als. ‘The obstruction in the Susquebanne river ‘s entire- 1y Temoved. The Delaware and Rarit to-morrow (Thuredag.) pig i idents of New Orleans, on the Inst placed tm tre bands of Capt, Plrondelto, of the Siciian bark Cerese, ® splendid national flag, to be piesented to the President of the new republic Theamsunt of the exports from Madison, I Jeet three months. #as $1,500 000 tion factory of Robert Garriok., Paterson, Nodewas destroyed by fire on Sundsy morning. ‘There wire 119 deaths in Pailsdelphia, for the week ending Saturday ‘There were 122 deaths in Boston, for the werk end- ing Saturday inst. tty's powder mill. pear Baltimore, Md., was blown Saturday last, None of the workmen were in- al will be opened for the n of Baltimore had another riot on Sunday Ice in THR Se. Lawaevce Kiver.—The Quae- bec, Ca, Merewry of the 1st 1st., speakiag ot the ice in the St. Lawrence river, says:—Lla conse- quence of the continued mild weatser, aad the strong easterly wind which prevailed at tims late~ ly, the ice hag given way below Poat Levi, and the water 18 wgain visible opposite the city. The thaw on the eurface of the ice will clear away the snow, and the skating will be improved as soon ag a frost vets in. The ice hoate are gliding along ta fine style this afternoon, but there are few pedes- | teas or eleighs to be seen,