The New York Herald Newspaper, December 6, 1851, Page 6

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

_r to increase the estimate Report of the Secretary of the Interior. | bes heen found nocomary t2, itoretee iy Merion — and Utah, alone, to $79,000, being an increase of MENT Lytgxog. 000. serene N ember 2, 1351 nt Foren. tin toc the nat Sbcal you! amonst to $672,053 President of the United States. : Deduct tbe sum required to replace a ike Suz:—For the purpose of wing re to re | Smount ‘the last eat... .....- "$20,000 te Congress, at its ap; Ana ‘additional amount inoladed sack meine weve Soe paleo neccemnry and 0x: for California, New Mexico and Utah.. 25000 | podient reaped! ous subjects confided — mike in eenting i was And the oxsess of the estimate for te next geal the 3d Maroh, 1849. By its provisions the Secret pear over r the present year ia only $24,306, ofthe Interior is required to oxercise engerriaocy, ‘an increase of a enpuaiseetsts be- over the acts of the Commis | Heved, with the: of judicial districts and tho elmer of Potente, of the General Land Office, of In- | business therein, and not greater than the average dian Affairs, of Pensions, and of Public of the ames increase of expenditures for judicial uber oleae ot the conrts of the United States; | PAUTER LUNATICS AND AGRICULLUBAL STATISTICS. over the officers engaged ia the census; the Under these heads the estimates are the same aa Dunrice Sr Colas bil Ra tea subject of ‘hed and o j PUBLIC BUILDINGS. jumbia, N = other mines of the United States. He is a'so Under this head the estimates for the next fiscal with otber duties not specially mentioned | year are $62,770 29 less than they wore for tho in the law, but which, from their pon As nature, | present year, notwithstanding they embrace items belong to his office. Among these biped eonaient of $),08 a & nee puaaeeciee ia is the general supervision of the proceedings of the 4 fissal commission instivated, uuder the treaty of Guada- | The es for the next fiscal year ne a ieee H = Ena oe 7 by tine Bi. SPE wees i ea tis i ween nited States and Mexico. Un md etelen- . enob of these soveral beads he hasimportant and | °'** chargeable to the present Joar bam cach responsible functions to perform; ho prescribes | And the amount properiy chargeable to the rules for the genera! administration of the different Mext year Will b€.... 0.62000 ee eens eeee + $386,670 00 bureaux, sees to their faith, ATROEHIOO, 98 do- She ote for the preseat dacai TOO ses ove 06 j from ei a roo sevesere . . . a i fore a - ne Add the deficiencies above stated 61,834 71 which may ugh: general outline of the duties of the office. And the amount \y chargeabie to the The reports of the heada of the several bureaux cape Pies paper ene a 00 TL will give full and satisfactory in tion of their witch is 9160459 TI sore than ia aow ilies beptetes Tepecune operations, accompani by many valu- | next fiscgl year. suggestions of improvem and modifica- PENITENTIARY . tions in the existin laws Itis preper, bowever, Here the estimate for the avat fiscal ro ia that I should exhibit to you a cendensed Seeunaey $2,090 less than that for the present year. ‘nis di- of the condition of the department, as a whole, wit! minution of expenditures resuits from the increased such remarks of my own as the public interes:s seem, in my judgment, to demand. This I will now pr io; and, for the sake of conve- nient reference, my statements will be arranged urder the different heads above enumerated, and fuch others as may be necessary. ESTIMATES OF APPROPRIATIONS. ‘The following tabular statement shows the osti- f the Department for the fiseal year ending . tse sh of June, T38, with a paral olan, ox- Do Oe pad besa sutalstd, lattes wore fetalvod bibicing those for the year ending 30th of June, pen the Commissioner, making such ro ro 1x52. This form of presenting the subject is ried Prd epee yo a teen prag adopted for the purpose of making # com: jon of | i anal se orioe af peovinons, &e , in he comn pre De bees ew en weno t aloo the fre a3 © rr it necessary to ask coe te a a 1853. fr a Tanger sum.” The facts were communicated to 28,250 09 35 827 50 | the Committee of Ways and Means of the House of . 896.182 50 1.234.916 47 | Representatives, and ta the Committee on Finsnoe 2.44) 472 66 1,343 276 36 | in the Senate, and they were requested to increase 3.03678 31 1,566,040 00 | the appropriation to $150,000. This was net done, ie 4 however, and thore was feueetusntly @ very large 418.604 71 | deficiency in the appropriation for the curreat year. ‘10.000 09 | The present estimates include this deficionoy as 6.500 00 | being @ ,000, which, added to the appropriation of $100,000, makes the expenditures on account of 9210 00 | the present = barged wo gt ater Ms bbe | Bross amount of the present estimates, 200,000 00 | $120,000 only char; sable’ te the next Ssoal year, Totale.....cce.. + $T182093 47 $5,006.328 04 norm less than the amount require wf ernest ie iperogat of we oe colamng | PION TON. waxsion 272% oa yeanoh ‘his bureau has charge of two distinct branches dens by oat a0 8 ne baollng roca fs | of business, viz: Pensions and Land Bounties ica. | large amount for new objects, not embraced in the | PP as may be classed under six different divi- estimates for the present year; a3, for example, $150,000 for the census, ped mh Be of $300,000 for surveying the public lands in California. ‘This reduction rerults from no diminution of the actual expenses of this branch of the public service, but from the fact that the estimates for this year embraced many very large items for deficiencies of | the preceding year. A vicious practice has pre- vailed forsome years past, of reducing the estimates at the commencement of the session, below the ount actually necessary, with the view of after- rds spplying for additional app i in pee 3 da deficiency a Lennie a report, to express my di. robation is ponotion, and Lrequived the Beads Of the several bu- reaus attached to this Department to make full and fair estimates of all that the public service required. It was acoordingly done; aud now, instead of de- ficietcies amounting to near two millions of dollars, it will be found that they are but little over $40,000. It isimpoesible te foresee what will be the actual expenditar: they depend on contingencies beyond control of the Department; but it must be admitted that there has been a reasonable approximation to accu- racy, when it is found that in the disbursement of more than seven mililons ot dollars, the expendi- tures exceed the estimate only about $00,000. With these general remarks | proceed to submit Cotailed explanations of each class of the cetimates | in the order in which they stand. DEPARTMENT PROPE: Under this bead the estimate for the next fiscal | year execeds that for the present $7,577 50. This results frem the fact that at the expiration of the last fiscal year unexpended balances of former ap- remained, as stated io cf last annual which brought the estimates o! year below their legitimate amount LAND SERVICE present Gscal yeer : see $896,152 50 ppre at the lest sestion for titles im California $60,000 00 ot the pubiie ee . 5.000 00 estimates to meet deficien- for the preeent year 165 206 ¢0 ——— 230.5 6 And the expenditorrs property chargeable to the present yrar will be shown to be... $1,066,457 50 ‘The eatimate for the next fecal year amounts 1,284,916 47 rent ies m embraced Deduct Coficiencies im (he present y: 156,306 00 And the emount chargeable to the next year 1,120 611 47 Being suexcers over (he estimate for the eye in Calif aention amd the estimates compare Katimate fcr the preeent year seveee $808,162 50 Dedvet the amcunt therein fer surveys in 7,000 00 And it will lenve the amount chargeable to Estimate for the next fecel year 1.284.916 47 Deduct deficiencies of present And the smount +mbraced for Califonia....... eeeee 307 575 OO And the amount properly chargeable to the nent fiscal year Will be............. 4+... $822,006 47 Heing $7.11603 lene than the amount properly charge- fable to the present year. NDIAN APFAIRS. Under this bead, the estimates for the next fiscal year amount to $1,09%,1%) 50 less than those for the present fiscal year. For reasons stated in my last annual report, the crtimates for the present year were wausually large, but th tes for the next fisea! yoar are even below the average of those for the last and present years PRNSIONS Hore the estima to $1,068,636 31 le ear 9 Tt was stated in my last report. that, though the esti- mates for the prevent year amounted to $224,726 31 there wae chargeable to (he preeeet year only the sum of... $2,200,087 86 To thie ndd $20,738 33, appropriated at the last session, but pot embraced in the last eatimaten, and $20,000 embraced in the present eatimates to meet deficiencies on aceount of clerk hire for the present year 4 by the bounty land than those for the present law of 28th Beptember, 1800......4+s00+ 40783 33 $2,900,771 19 t the eum which it is now anti- temaim on the Mth = unexpended balances of a) propriati fr ying peosiona. . 380 500 00 And the amount pow sswertained to be chargeable to the preeent year only... 1020271 10 The estimate for the next fiscal year em vats to se cnees 1,506,060 00 the sum of the unexpended ba- seppesed, wil remain head a} of (he present year 389.600 00 $1,046,640 00 Then ded mountembraced therein to meet defi os in the present year. 2.000 00 And the amoun' propery chargeable to the next fiecm year o be $1,025 549 00 nm for the present year, se of clerical force ren aryin the execution of Oniy $6,258 aners year embraced nothing an- mer appropriations being then ficient to meet all demands. The ex shengbt fer! ofanother sear, however, would ladiente 4 reason the furth t mplete the work » find that, in estimating for sevies, 00 beat an approximation to tb + was attained ) StATE® COURTS nt excess ov » there is an appare at of g79,50 The sp ai pes ¢ the actual exp . a ar aboat ¢ ), which was tup Gt the see r th fiscal yeer. a4 tneves " of sey. given ear, because | the present the next fiseal yoaramount | ductiveness of the institution, arising from its elter management MEXICAN BOUNDARY SURVEY. The smount embraced in the regular osti- mates for the present fircal year was. ..... $100,000 00 Tbe amount inc. uded in the estimates for the Dent SET + sac> cuss cetnbales ss (ike ‘There would, therefore, appear to bi over the estimate of the present year fo First. To soldiers of the revelation. Second To widows of revelusionary soldiers. Third. To invalids. - : Fourth. To widows and orpaaas of coldiers ia the Mexican war. Fifth. To persons in the naval servivo of the United States. ates Sixth. Virginia half payand commatation claims. The whole number o: sioners of all classes now on the rolls ia 19,611, of whom 13,467 wors ear, the latest periods to which we have reports e number added to the rolls during the yoar was 2287, and the number of deaths reported 759. The whole amount ded for ona Gating, the year ending 30th Torort 1351, exolasive navy pensions, is about $1,439,345 REVOLUTIONARY PENSIONS The first act grantii soldiers was passed 15! number joned under that act, up to the present time, is 20,485, of whom only 1,355 now remaia on oy rolls, being ® redaction since my last report f of 140. | _ The next law on the subject was passed on the 15th May, 1828. Under it 1,155 pensions were granted. At the date of the last report but 162 re- mained on the rolls, of which number Stare su posed to have died during the last year, aa only L are reported as being now on the rolls : The third and much the most compreheasir: granting pensions to soldiers of the revolution w: passed FE Sone 1532. 32,986 persons have been Peneficiaries w main on the rolls. WIDOWS OF FEVOLUTIONARY SOLD!335 The first law grantin, paces to per class was ‘passed the ath uly, 1536 ader its pro- visions 5,68 have received pensions. The number now on the rolls under that act, and the act of 21st | July, 1848, is 2,774. ‘. The act of 7th July, 1833, granted pensions to \ widows of revolutionary soldiers whe were married | prior to 1794. Of 11,191 who received the benef of that law, only 136 received their peutions during the first two quartors of the present year The act of $4 fte ef the law of 1838 to such widows as had been d prior to the Ist of January, 17M. The number pensioned under this act is 5,790, of on the rolls. The act of 2th whol whom 4,2 are y: uly, S48, extended its benefits to those who were | ied prior to 1300, and under the law 960 ha’ pensioned, all of whom, accord'ng to tho turns, yet rem: ¢ thus ay is rapidly aw ping from existence these venerable objects of nati gratitude and munificence. INVALID PENSIONS. The whole number of pensioners of thi now on the rolls, is 5,359; of whom 617 hav added during the year MEXICAN WAR PENSIONS. The act of 21st July, 1848, and the supplemental February, 1549, and the joint resolation th September, 1550, gave pensions to the widows and orphans of soldiers killed inthe Mexican war, or who died from disease contracted in the service. Under these 1,750 persons are now eceiv. ng pensions, showing an increase of 2M since | the date of my last report NAVY PENSIONERS It bas heretofore been the custom to report che statistics relating to pensioners of this clars to vy, by whom they wero ident. But, believin, it would be more satisfactory to embody facta relating to the entire subject of pensions is class with the others It appears from the report of t of Pensions that tne number of of this class now on the rolis is et VIRGINIA BaLF-ray AND C ‘The balt-pay claims exam 209 the date of my Jast report. amount to 41,49), ia cluding the » 0 O4 which bad beva pre viously adjudict No action has been taken es during the Congrese havin pore to legis! o regard to them sion of further xt restion, so as expressing the cS to various ¢! this kind we 8 yactes; and 36 for #) wares 1 for ® is z ¢ atill 450 claims suspeaded for fur each There ther evidence MEXICAN WAR There have been %),14 app beunties, under the act of 1ith of granting Inada or seri i cations filed f war * th Mexico. [n # here be allowed, and warrants or va » the par entitled. The warrante and scrip iseued siace (2+ wa, vit:— 1 nual report are si a 160 acres casi; +029 warrants fi 223 warrants for paid during the first two quarters of the present | penser to revolutioaary larch, 1313. The whole | r this act, but only 4,315 n0w re- | my of this | February, 1548, extended the ben& | single report, | have deemed it proper t. om | >, of lend dipored of would be Secty- Cent aiiiie of Making proper allowance for these had no representatives entitled to claim, mmissiorer of Pensions estimeted the number of applicants at two bundredand fifty thou- sand. The reeult has proved thas he did not over- estimate the nember Between the 23th of Sep tember and 5th of November, 1850, nive thousand four buadred and eig! applications were filed On the lat of November, 1851, the whole number received was about one hundred and fifty-seven thousand; and, aa ser are still coming inrapidly, | it will not fall far low one huudred and seventy thousand at the commencement of the session of duty of acknowledging, re isteniagss ondors- » filing, investigating, deciding, issu wera whe ty news fast amber of involv. great labor and responsibility. was mecessary, in the fret place, F sribe forms of ication and modes of proof by which they were to estab- lished The next step was to c arrange, and lane the elm lod of vans tay Pomrn, "uae thro rs near 7 3, em- woe oven than half @ million of soldiers ; so that the claim of each applicant mi be compared with them, and his identity term of service accurately ascertained No provision had been made by law to enable the office to dispose of this immense inorease of busi- nese. Henoe, at first, the “declarations” were merely tied up in bundles, in the order in which the: were received, and deposited ina room for safe could be male for their examination. For some months the receipts rarged from 1,000 to 1,600 per day. Thore was, omeie a large earl of ays brad je neceseary preparations coul mede for inves- tigeting their merits, and issuing the warrants Jader these ciroumstances, and kno thata tardy execution of the law would defeat the pur- Bab pornone ofthe Sonest of tts provioons, Tisit of the of its provisions, I felt warrestad in aseut the responsibility of increas ing the foree of the Pension Office with reference to tbat partieular service. Tais courte was approved by Congresa at pe las apa se and a prep une were promptly made, not o psy the clerks who bad ‘Sos ae employed, but for a still farther ad- dition to the force. r With the view of how many addi- tional cierks would be necessary to ee yee with the number of applications, | called on the late com- lomer for an eatim: f the probable number which would be submitted durin eould of course form his opinien only from the facts before him in relatien to other laws of a similar nature. From these data be concluded that the number presented within the first year would be about atty thousand, or one fifth of the whole. Guidedin some measure by his estimate; but | atill desirous ef making an allowance for contio- gencies, | asked for a num ber of clerks sufficient to | adjudicate and issue warrants for 60,000 claims, which were granted. [t was soon found, however, that the number of applications would be almost three times as great ag been supposed. Aa far aathe means at my disposal would allow, I have endeavored to meet the smargeney: Some addition- al clerks have been employed. Others who could be od for a time from my own office have been detailed to do duty in the pension office, 224 th clerka of that bureau reo"tred to work aa | hour longer in each day than has heretofore been | customary. [n all these efforts to advance the pro- | gress of the business I received the cordial co- ration, not only of the head of the bursau and | efficient acting chief clerk, but of the large body of his assistant clerks engaged on that bi have manifested the moat laudable seal in the dis charge of their rezpeotive duties. The first warrants were issued about the first of Febi last. For some months the number sent out each day was comparatively small, because many of the cierka wore engagod in acknowledging the receipt of clams, corresponding with claimants, | and registering, filing, and preparing the cases fer | rte | Notwithstanding all these difficu’ties, of the 157,- 000 claims which bad been filed on the lat of No vember, 1851, 76,000 bad been examined snd 54,000 carried into warrant; 22,000 have been re- jected or suspended for further consideration The oumber of warrants now issued daily exceeds 400, | and by the meeting of Congress the ee num- ber of warrants issued will be about 70, ‘Thus it will be seen that, in the short space of | ss or ten months, almost sa many cases have been adju posed of under the law of 1847, in relatien to Mexi- can warrants, since its passage. r here to remark that it has It may not be improy been the iavariable of the office to acton the cases in the order of their presentation. If there have been occasional departures from it, they have been the effeet of accident and not of design Com- plaints bave been made to me from v: 8 quar- tersthat the rule had been violated, but it was found, in every instance, that the cases whieh it was had been improperly paased by in favor | of junior applications were cod, which had been suspended for some defect or informality. Assoon asa case is ascertained to belong to this class, it is laid aside until the defect can be supplied, and in | the meantime the office proceeds with other appli- cations in their appropriate order. Any other rule would cause endless delay The report of the Commissioner of Pensions con- tains maay valuable suggestions of amendments | and m ions of the existing laws, to all of which I respectfully invite yoar attention. The | most important are the following, viz:— First, Thet the benefits of the pension laws bo confined to thoze who rendered the military service, ad to the widows and minor children such as eo Th fficl s at more efficient provisions be adopted té prevent frauds under the various pension laws, and moré ‘specially under those relating to inva- lids. | Within the last yedr two hundred and tairty-ono pplications for invalid pensions were rom twoof the Western States, all of which were authenticated according to the forms of | tho Commissionor having conecived the that many of them wore fraudulent, I oat fidential agent to visit the neighborhood, nd it was ascertained that only sixty-one were j id that the residue were fraudulent Third, That warrants for bounty lands undor the of 28th September, 1550, be made assignable. of the holders of these claims are persons far ana who have them to advantage, and i by sal advanced in life, or widows or ory not the means of locati States for land, or any endorse- ment thereof. 8 ment or assi The Cireuit Court of the United States at Colum- indictment agains: bus, Obio, recently quashed n the ground a prisoner for forging aland that there was no law of the U is a penal offence. | beg State leave to remark that the baws of the United in regard to the subject of forgery, are ex- detec d need revision % prehensive enough to embrace the forgery of evory conceivable species of Ravers to the injary of the United States, or those having claims against the goverament for money, land, or any thing vise of D addition to the changes proposed by the Com- m wloner, in view of the great increase of tae busi- f the Pension Office, | respectfully recommond provision be made by law for the appointment Assistant Commissioner of Povsions. The Commissioner's judicial dut faroikh him full ocow pation, and render it absolutely impossible for him to authenticate and traramit the large number of rranta and certificate w issued from the office form the other dui of « ministerial cha bich be is now required b: to disobarge commend that t gulating the cou n of clerks be #0 modified as to enable the Department to graduate their salaries accord ing to the nature and value of the services ren dered by them reapectively As present no tempo- lerk can receive more than $3 33) per day. js sufficient to command the talents necossary for acme brancbes of the service, and is more than nough for others. My proposition would involve Bregate compensation of the note equitable apportionment LANDS. ‘ommissioner of the (seneral iil exhibit much activity in the ope- bureau, and the various branches of antity of land sold during the last fiseal 1,846,"47,49-100 acres, for which the sum received. The quantity sold er of the present seal year producing §601,6". “The y cold during the corresponding quarter of ficcal year, Was 266,479,06 10) aerer, the t which unted to § siderable inereare in f the last fiscal yoar A ated during the last fiscal ty \acd Warrents, waa ar, # 4,000 rich, edded to the quantity sold ma i aggregate of 4,300, the quantity located with fiecal year heen disposed of he aggregate of da would have the year. He » Who | under the act of 1350, as have beendis- | up tothe same under the general beuaty Jand law of ember 28, 1350, is 54,201; sad of Sirtabe: located and returned to the General Land Office, 1,950 had been pateated on the let ultimo Surveys, 90 authorized by law have been com- menced t and California, but restricted as yet to the lish ment of tbe principal base aad meridian lines, from which are subsequently to bs projected the township and subdivisional surveys. ‘fhe Surveyors General of Oregon and California deserve great oredit for the energy which has thus far characterized their labors. ts have already been received at the General Land Office, showing the base and meridian linea in Oregon, and com- mendable progress in the establishment ef those in California. In , the object has been to profit by the suggestions of past experience; and to this ® manual of instructions, in detai), was prepared for the government of the Surveyors Ge- neral and their Sree C , it ia believed, to facilitate their field operations, The Jaw authorizing the extension of the surveys into the territory of gon provided for the in- troduction of what ia known as the ‘ Geodetic me- thod,” should the department deem it expedient to do sc; but, for reasons ommgnes b: sioner, it was not considere: advisable to adopt it, further than to combine wich the recta aur veys a system of triangulations to pro: nt ob- jects observab!e from the legal stations on tae main lines of the eurvey, between the Cascade mountaina and the coast. In the instructions to the Surveyor General his attention was specially drawn to the provisions of the treaty concluded on the 15th of June, 1846, between the United States and Great Britain, respected the rights of the Hud- son’s Bay and et Sound cultural compa: nies, ants of other British subjects; and as no stepa had been taken by the United States with a view to the acquisition of the lands in the occupane; of these companies, aa” provided for by sai treaty, and as no means had been provided for ascertaining and defining the particular lands, tae righte to which,were, by the terms of the treaty, to be respected, it became necessary to require that the claimants should present to the Surveyor Gene- ral the evidence of the rights claimed by them; and the Surveyor General was dire sted to aveid, as far as practicable, any sectional or other minute subdi- vision of the lands covered by such claims, and mere- ly to extend the township lines over them, so a3 to indicate their relative position and extent. The ‘Surveyor General is required to report his ings in the premises, and it is rreomm( that provision be made by law for the prompt aacertain- land claims in California,” a commission has been organized, and will convene at San Fransisco on the 8th of December proximo. With a view to facilitate their operations, they were directed to or- ganize in this city on the 10th of Septembor last, when instructions as to the material subjects cen- templated by the law were given to them, which it is believed will be advantageous to the claimants and to the government, by ascertaining inthe outset the partion‘ar parcels of land claimed, and thereby ing of the publie domain. The archives of the former governmenta of California have been deli- vered ever to the Surveyor General, who is autho- | rized to employ a competent person to arrange, | and index them, so that they may be re: | dered available in the examination of land titles It is recommended that our general land sy! be extended over California, in auch details as, in be deemed best condition and character of the country, and that the actual settlers on tho agricultural lands may have such preference in becoming purchasers with the general spirit of our pre-emption laws. In my last annual report, lated my objections 5 mm ann a objec! to leatag the mizeral lands, a6 recommended by and sold at public auction. Subsequeat informa- | tion and reflestion, however, have led me to doubt the propriety of that recommendation. The public sentiment of California seems to be opposed to any individual appropriation of the gold-bearing lands; | and ag the present system of leaving them a com- mon, open to the enterprise of all our citizens, and fubject only to such regulations aa the miners them- selves may adopt, and to the State laws for the preservation of the peace, seems to have worked well in Renatioe, I am inclined to think that th wisest policy is not to interfere with it for the sent, but to wait until time and experience here. penee out some lees objectionable mode of disposing of them. The whole subject is embar- raased with difficulties, and it would seem to be better to submit to the temporary inconveniense of | an imperfect system than to incur the hasard of | adopting one founded in erreneous principles, under | which rights might be vested in individaals, nd thi evils become irremediable by the legisla’ power. The report of the Commissioner contains many valuable suggestions and recommendations with regard to certain lands, the titles to which ha been adjudicated in suits against the United States, as authorized by the act of Juce [7th, 1844; the interference of sales and locations with old grants; | smen¢ments of the provisions of the pre-emption portion of the act of the 4th September, 1811; the , revival and continuance of the powers conferred by | the act of $94 March, 1846, for the adjuttment of e ndced entries; a8 to to the mede of dis- por the unsold portion of the Cnicxasaw <oaion of 1652; and with respect to the districts from which the jurisdiction of the Surveyors (jeneral has been withdrawn, their offices abolished, and the archives transferred to the authorities of the States; the propriety of allowing certain fees to . the Registers and Receivers for their services in lo- eating bounty land warrants, and the increase of the compensation of the Surveyors General of Oro- yn and California; to all of which I respectfully invite your attention. INDIAN APPAIRS. The report of the Commissioner of Indian Affairs will farnish full and precise information in regard to the present condition of all the various tribes within our borders, and the nature of our existing relations with each of them. It will be seen that the tribes resident in New York, and in the country weet of Arkansas, are liv- ing under governments established by themsel and making gradual advanees in agriculture and all oF np of civilized life. ‘Those settled ia the west are also beginning to assume ths habits and occupations of the whites, and are living as [ey oe citizens on their own territory. ey re thi vay see the good will of their neighbors; and, in some inces, where, by the terms of their e United States, they are liable to Boyne numerously signed by ent in their immediate vicinity, a presented, that they may ” Gorder hese’ ceexestsnese, have allowed to remain. humanity and sound policy alike require s com- pliance with the wishes of the petitioners; and! jendation therefore cordially concur in the recom of the Commissioner to that effet. have been neg: with some of the @ nerthwest, on terms mutually advan- tageous to the contracting parties, by whi their title has been extinguisned to a large domain in Minnetcta, covering an area as extensive as the State of New York, and weil adapted to the par. es of agriculture. Treaties have also, it is believed, boen negotiated with many of the tribes resident in New Mexico, California, Oregon, and the country west of the Missouri. But, as they have not yot been received, no definite information can now be given as to the precise character of their stipulations In New Mexico many depreda.ions have been com mitted on the inhabitants by the warlike tribes of Apacheeond Camanches, notwithstanding their treaty obligations to abstain fromjall such ageree- sions. Hostile incursions bave also been mi b; them into the em Rd Mexico, and many citi- nens of that republic have been carried as captives into the Indian country. The agents of the United States inthat quarter have used every means in their power to prevent these outrages, but without suceess It may, therefore, become proper to brin, the military power of the country in aid of the civil jority in teaching thease lawless bands to respect ights of our citizens and those whom wo have ed to protect apid expaasion of our settlements in Ore- gon and » ‘iven increased importance to our Indian relations, and may render a change in our whole policy in regard to them neoossary Heretofore, our settlements being confined to the eastern portion of our continent, we have been gra dually forcing the Indian tribes weet ward, as the tide © population flowed in thatdirection By this means they have been accumulated in large nambers on our Wostern frontier. The results have been in- jury tothe Indians by crowding them together in cadh numbers that the game is insufficient for their evpport: and injustice to the Western States, whos: scurity is endangered by the proximity of thei savage neighbors. But, since the acyuisition o Califortia and Oregon and the establishment © large settlements on the coast of the Pacific and in b, a bew flow of white ulation is advancin m from the Weet = The pressure is there asing vpon them from both sides of th ( orth andthe south they ar vilited communities. The 97 An Unbroken chain of a forces itaslf upon th and the philan pit, whe ginal e This queatio the Commis- | je cannit | hesitate which to choose; sad caly smainnee decide toe means necidea- ry to be adapted to effect the contemplated revelu- tion in the Indian character and come ft isa Fishment; but it Gan, cod boli, wil be chloe: 3 but ive, achiev- ed. It must be by substituting kind- ness for coercion; by ‘and clothing them, than warring upon and driving them from territory. It Fe Oe that the most ofthe dapreda- tions committed by the Indians on our frontiers are the offrpring of dire necessity. Theedvance ef our P' ompels them to relinquish their fertile ee enaaee in sterile regions, which fur- nish neithercorn nor game for their subsistence. Impelled by hunger, they seize the horses, m ood catila ofthe pioneers to relieve their waded satisfy the cravings of nature. They are immedi- ately pursued, and when overtaken, severely ane ished. This creates a feeling of revenge on ir which seeks its gratification in ou on he persons and property of peaceable inhabitants. The whole country then becomes excited, and a desolating war, attended with s vast sacrifice of blood and treasure ensues. This, it is believed, ia a true history of the origin of moet of our Indian hostilities. To avoid results like these, I would ro- spectfully recommend that appropriations be made to buy food and clothing to supply their immediate wants; that they be permitted to retain suitable portions of their present territory, whi o should be set apart for their exclusive use and occupation ; that they be with implements of husban- dry and domestic animala, and enco d to en- gage in agricultural and ral pursuits, and to rely on the preduots of their labor, instead of the spoils of the chase, for the support of themselves and their families. The great obstacle toauccees, which must be met and overcome in the outset, is their nomadic mode of life, All history admonishes us of the difficulty of civilizing a wandering race who live upoa game. Totame a savage, you must tio him dewn tothe soil. You must make him understand the value cf property and the benefits of its separate ownership. You must appeal to those seifish prin- ciples implanted by Divine Providence in the nature of man, for the wisest purposes, and make them minister to civilization and refinement. You must encourage the appropriation of lands by dndivida- als; attach them to their homes by the ties of ia- ment and final adjustment of all the c! 3 coming within the purview of the treaty. | _ Pursuant to the act of Congress approved 31 | | Mareb, 1851, ‘to ascertain and settle the private | i bg neg and embarrassment in dispos- | e eof as is in accordance | my predecessor. [ then expressed the opinion that | they should be divided into small parcels or lots, | ef abandoned smilitery serervationg and | the will of the President from thoir l | sation acquisition of New Mexico and California, | beef and pork and mutton as their food, for the deer and the buffalo. Mildness must supplant force. Their self-res} must be stim and manual labor schools introduced se them; and | they ehould be taught to look fo: to the da: when they may be elevated to the dignity of Amer ean citizenship. By ont these ye cat soon reap our “4 war ¢ suppression of Indian depredations; in the diminution at the expenses of the Department of War; ina valuable addition to our productive population ; im the increaee of our agriculture and commerce, and in the proud consciousness that we have removed from our national esoutcheon the stain left upon it by our acknowledged injustice to the Indian race. To some these suggestions may seem chimeriocal. Many regard the as an inferior race, and in- capable of civilization; and on this fatal error our icy in regard to them has been based. The his- ‘ory of Powhatan, and Logan, and Cornstall, and Oceola, are sufficient to disprove it. But, were far- ther evidence wanting, it might be found in the n Mg. Jno. R, the lexi- Tviews and discussions be! t, the commissioner engaged {n runnin, boundary line between the United States and co, and the chiefs of the tribes on that fronti In elevation of sentiment, ees of statement, force of re! , fervor of eloquence, and dignified, yet touching pathos, these extemporaneous effu- sions ef the untutored sons of the forest will bear a | favorable comparison with harangues of our educated orators. more studied The condition of the tribes residing in Now York furnishes a striking illustration of t the policy I have indicated can accomplish. 0) nd them living in the midst of a civilized community, pur- suing the ordinary vocations of social life, oulti- vating their farms, accumuls:ing oper » edu- cating their cbildren, and fulfilling all the duties of good citizens. ” The Cherokees, Chickasaws, Choctaws, and Creeks, in the southwest, also, although more re- moved from immediate contact with the whites, under the influence of the wise and humane which has been pursued towards them, are gradu- ally adopting the usages and industrial pursuits of our citizens, and be; or to exhibit « just ae preciation of the p ples of civil liberty. Wit these noble examples before us, we should avail ourselves of the instruction which th lege no time epplying the same means for the regeneration of the savage tribes of t! 5 e laws regulat: trade and commeree with the Indian tribes in general not being in force in Texas, our Indian relations in that State still con- tinue in an embarrassed condition. To enable the Depart: to exercise the nocessary authority over the Indians in Texas, it is indispensable'that a suitable country should be set apart for their ox- jusive occupancy, where measures may be intro- duced fer their gradual civilization and improve- ment. The subject of our Indian affairs in Texas has been adverted to in the annual reports ofthe De- successive years past, and | attention of Congress be again and earnestly in- yited to it. JUDICIAL BXPENSES. The law ha’ Interior a Visory power over the accounts of marshals, clerks, and other officers of the Courts of the United States, my attention has been turned to the various acts of Congress on that subject, and | the es which have grown up under them. The first thing which attracted my notice was t! repid increase of the oe of the judicial de- pertment, which, as will be seen by the annexed table (A), bears no just proportion to the inorease of the population and business of the country. Upon examination, | found that the laws regu- lating the fees of the ministe: officers of the courts are oles conflicting, and, aa a whole, in- compreh ifferent constructions have been given to t y different judges, and the conse- quence is, the compensation in some States is inadequate, and, in others extravagant. In some instances tn it ig inthe law; in others itis in ite administration. With the view of presenting the whole subject more fully than | could do in the limits of this re- port, | addresseda letter to the First Comptroller of the Treasury, requesting him to make a commu- nication to me in writing, embodying a review of all the laws ng the fees of officers of the courta, and of the sof charging under them in different States, ther with such amendments as he might deem necessary. This has been ac cordingly done, and itis now submitted with this report. _ The first law regulating fees is the process act of September 29, 1750, which was temporary, and soon expired by its own limitation. The second was | the new procers act of May 4, 1792, the 3d section f which, regulating the feos of marshal:, clerks, and attorneys, was coy by the general law of February 25, 1799, which was the third act on the subject, and is now in fore. It contains a partial bill of fees for marshals, and one for attor- neys in admiralty causes, in addition to a diem of five dollars for attending court, aad a small annual salary. It allows clerks also 4 per diem of five dollars, and for their services the fame compensation is allowed to the clerks of the supre: s of the Stetes respectively, ne-third added thereto. Attorneys and in many cases the sa: hich is allowed to attorneys the State courts, without any addition ther The fee bills of the respective St made the standard by which t of the United States court re to be computed. At the time this law was pasred there were but six- teen States in tl preseribed by law. Since that date fifteen ¢ been admitted, in many of whish pr attorneys, and in | others they are mount. 1 the fee bills have been im some of them very law of 1799 (the terms he present tense) shall be construed to refer to the feos allowed on the respective States at the | date of the act. or to bave a reepective relation to the changes subsequently made In some of the older States | it has reevived the former conatruetion The more general practice, however, is to give it ‘8 prospective operation, Under this construction in thone States where the allowances to their officers is liberal, nd the business inthe United States courts large, the compe neation to the officers of those courts became extra vagant. To remedy thisevil a proviso waa inserted in the general apprepriation act, approved Maron 3, 1941. to limit their where their aggregate com the fees allowed by the eriffs. and olerks for similar ¢ deen experienced in admi- the end of the ye ther the compensation of the cflioer would exceed $1,500 or not, and it was therefore imporsihle for bym to teil by what rule he should gradu- ath hie ® proviso was inserte:! in the approprie tom & 1942 requiring all those officers to return \imiting in the districtsof New York to » the officers of t ighest court in that State Some judges have temporary n its € , pited by limiation. Others have herd that it waa repealed by the proviao in the set of $42, and consequently that the aot of 1790 furnished the only standard for calculating their fees; and tieus th whele subject is involved in copfnvion and diMoulty. and the practical effects are inejunlity and ‘The report of the Com iy ler ot orbit rf att by #h a“ yt | archives of this Department, among the records of t terest; teach them the uses of agriculture and the | arts of peace, and make them learn to substitute | partment, and those of the Indian office, for several | recommend that the | to | tes, but the firmness to diecharge them with fidelity. To ‘nion, in allof which fees were it could net be known wntil | | five er tweive retaining fees in the ceuse | aad a like gua her of fees for making oat end coming to ceart 4 for trial. In one case @ district aad is predecessor received an of ~~ io ye criminal prosecution of near ph thes of ip eome of the Btates be could by no possibility nave re- ceived more than twenty dollars for the seme service, “Pion, States tbe, pract Ms of sui some Bt practice prevails of suciag out » habeos corpus to brivg @ prisoner from the jeil toe tae courtyard s formal warrant to return him to jaii ugaia; and if the trial continues a week, ilar proceedings ace instituted from day to day. 80 also. when witnesses ary committed to curtody in default of eurety for their ap- pearance. they are brought out from dey hedoon y as often a they may be needed to jetty end returi again to ison by the seme complicated and expensive proceed~ is ‘a further illustration of ihe confusion of the law ia regard to the fees of officers of the courts. I will stata = simple example: The law estab! courta in New Mexico and Utah provides in substence that the atter- pepe in those territories shall receive the same foes sod salary as the attorney for the territory of Oregon. b turnipg to the act establishing courts in Oregon, it is found that the attorney for that territory was to receive the sume feos os were allowed to the attorney for the late territory of Wiseonsin; and on examining that aot, it is found that that officer was entitled to receive the same fees andra'ary en the at for Michigan territory, which are described im the act of February 27, 181 orrating the office of Attorney of the United Btatas for each of the territories, aa being “ the usual fees of offic+,’” and an annual salary of $250. Here are five references for attorneys’ f+ es in the territories of New Mexico aad Uteh, ‘which utterly fail to lead to any ratiefactory result, for want cf certainty, and so it is with r. to the fren of attorneys and clerks im Minnesota and om. In the territory of Michigan the statutes allowed attorneys no taxable fee or costs, and the Comptroller states that none, therefore. could be allowed, according to law, im the ter- ritory of Wisconsin, and that none cap be allowed to the or neye in lemeyeurs Spang New ly ag) or Utah. might proceed to peint out many other defects, ob- scurities and imcongruities in the lews,and many fe grant abures which have grown up under them ; but, es tombe Uoageee te the nobjest, Lehall content’ myvaig of to jeo' cont with; a reference to the report of the Comptroller tor more full and detailed information. Enough will ap- from that to warrant the recommendption that a the laws relating to tees be ptly and carefully rv- vised, 80 a8 to secure uni: ity in compensation, and to prevent futureabuses. Justice and true economy require t the compeneation of all public officers should be suffi- cient to command the of men of talent and char- soles. fob. ebould engegt all Sam, of tae nion, having proper reference 9 expense of living 4 the amount of service. In no event should there sueh disperity as now exists, nor should the compea- sation allowed to mere ministerial officers bear such dis- ye hegedl Washes cats ts amd neal forneys sho om yy fix fal 7 und in part eetta the Doen.ot clerks and pesos shoul about average of fees allowed to State officers for similar services, but uniform in alt the orbitant fees which now eonstitute an almost insuperadia obstacle to seeking redress of injuries in those tribunais should be diminished. ‘The federal courts aro daily increasing in their rola- tive im nce. The tribunals of the States, being mors ex] to the influence of ng Fe mesg and popular excitement, less confidence will be felt by nom resideat suitors in their impartiality and independence; and whea they have rights to assert, or injuries to redrees, in a sis- ter State, t will desire to seek their remedy in the courts of the United States. Similar considerations the {abi ge’ of a gsae- ral revision of the salaries of tbe judges, with a view ta render them more uniform and proportionate to tha labor and responsibility of the office. The following table will show the amounts which they now respectively receive:— Pasie Buowixc 1H Satanies of tHE Disrnict Jcooes oF tHe Uniteo Ann. Salary. $1,509 ie . » (North- ICt) e000. ‘Southern Maryland . Virginia, t, ct) Virgis ‘iariet) the clerk or marehal, an them it does not equal the professional {income of torney of respectable standing. Men of distinguished ability and merit, unlers they arc in affluent circam- i to accept @ judicial whieh ‘produces such results i without being should yet be high enough to eommand tbe nagvicen of the mea suited fer public stations. The ¢ ,under all circumstances, one of ar expound’ the dignity ‘and responsibility. The j low, and on the wisdom of their « ms the secu- rity for life, liberty. and Fy 4 mainly depends. It is quite as important to have an able and faithful ad- ministration of the laws. as that the laws themselves should be founded in wisdom, amd one of the greatest calamities which can befall # country is to have an igno- rant, corrupt, or incompetent judiciary ‘The delicate nature of the functions which @ judge of the courte of the United States has to p+rform, renders his position one of peculiar Intercet sud a. His jurisdiction embraces not cases affecting the rights of individuals, but alro those involving the y of laws passed by Congrees and the States. None but men of eminent talents, charscter,and learning should } . be entrusted with powers like these, And im times like dort the preseus, Shen Jaws Obnoxious to particular sestions of the country ‘are oppired by violedée, add the authori. ty ef the courts openly set at defiance, nd feasonable effort ehculd Le spared to secure the services of ji who bave not only the abilit; inderstand their du- obtain them, «just compensation must be pald. And I, therefore, reoctumend that such inereare of the aularies of the judges be made as may be necessary to accompliatr these objects In conciusion, I beg leave to say that, in my opinion, the public interests would be promoted by the p of 4 law constituting the Attorney General the head of the departnent of justice, and making ithis duty to seal and counterrign ail commissions for ju and attorneys, and to exercise the supervisory control over all accounts connected with the expenses of the judiciary, which is now exercised by this Depart- ment. PUBLIC BUELOINGS AND CROUNDS Various appropriations having beem made by the iast Cong: eta for (he improvement of the mail and other pab- Mec grounds in this city, it was deemed proper to have @ plan projected by a ccmpetent person, combining as far rf je beauty of arrangement with utility. For the cervices of Mr. A J Downing a gentle- guisbed for bis judgment and good taste in Uisbment of pieasure gro were engaged. He has reported detigns for grading, laying ous, and planting with trees he imall and several of the public squares, some of which bave been approved and partially +xecuted His plan for the improvement of the mali pears to me admirably adapted to carry into effect the * That portion of it which applies to ‘west of Seventh street, having been ap- partially completed. But as the om east of Seventh street involved » change proved, is Lo the sect fm the location of a portion of the canal for which no ap- propriation bad been made, you did not feel at liberty to give it your official ranction until the wishes of should bave been expressed jn toit. The dia- grem, exhibiting the cesign in ali its details, will be wnitted reas and 1 respectfully recommend its adoption, @ eceRPATY Appropriation be made to earry it into effect ad tly pelted, im pursuases of ths, ores of Congres neatly in pursuance of t of “ The work has been teithfully executed. and wisacaboiees preve to be a great protection to the walls against the action of the atmorphere ‘The eastern wing of the Patent Office has been placed under the direction and control of Mr. Thomas U. Walter, the architect of the Capitol, and wil soon be ready for use No appropriation having been made by the last Con- gress for complsting the western wing, it remains as it ‘was at the date of my last report. Ihave caused ® plan to be mide out by Mr. Waiter for its completion, aecompanted by de‘ailed eatimeates of the cost, ‘This plan contemplates some changes in the ori- inal derign, which will tend greatly to are the ‘auty, stability, and convenience of the if yn and estimates will. at the proper time, be before the Committees on Public Buildings of the two houses of Co In my judgment the public interests re- quire ny Appropriations should be made for tho com. pletion of that wing with ws little delay as posible The present ineans of ecoommodation for the public oflsere are insuffictent in extent, inconvenient in their location, and insecure from danger by fire. The office of the Department of the Interior is now kept im a rented building. which ts ill-adapted to eso purposes. and contiguous to private dwellings, wast tantly expose it to casualties. The Pension Office ie in the fourth story of Win- ‘The Indian Office ia in the War Department. and ocou- pies rooms which the head of that department haa asac. ed me are indispensably necessary for the accommode- bis branch of the pubiie service nd Office ie in the upper atory of ¢ a, Where it is Kept to the great of the Treasury, who is obi buildings for the use of som ved that (he rent now paid for venient and upaafe buildings isu * est on the cost of constructing a new ous in all respecte suitable for the purposes of the department Whea to this fact ate addeg the tons of time in cvmmun with t tor of a mi . department ’ the employment watebmen and | pommy wi suitaals bulging t insiviiag the

Other pages from this issue: