the public interest, be assigned to either of the other DECEMBER, 1816. his accounts, cannot, or will not, be settled for years, presents a certain degree of impunity to embezzlement, and powerfully tempts to the commission of it. The necessity of resorting to an action at law to enforce the settlement of accounts, or to recover money embezzled by an officer, ought to be avoided, if it can be done consistently with the provisions of the Constitution. In some of the States this necessity is avoided, the public money retained by a revenue officer, being collected by execution issued by the State treasurer. If this or a similar principle could be acted upon by the United States, embezzlement would not be frequent. In conformity with these preliminary observations, the undersigned respectfully propose, that it is ex The retrenchments which, with great advantage to the public interest, might be made in the duties now imposed upon the Secretaries of the respective departments, and the General Post Office, would furnish ample employment for the head of another indepen-pedientdent department. An appropriate assignment of duties to the chief of the new department, would embrace the Territorial Governments, the Indian department, the General Post Office, roads and canals, and the Patent Office, and such other branches of the public service as may be deemed expedient. But the defects in organization of the existing departments, are not the only reasons why the public accounts are not annually settled. The want of power to compel those to whom the collection, or disbursement of the public money has been confided, to render their vouchers and settle their accounts, when required, has largely contributed to swell the list of unsettled accounts. The power of dismissing from office for misfeasance or nonfeasance in office, especially with the collecting officers, is sufficiently coercive, as long as the conduct of the officer will hear examination, and powerfully contributes to keep him in the line of his duty. But when the settlement of his accounts must expose his guilt, and especially when he has been dismissed from office, this coercion entirely ceases. With disbursing offices, and particularly in the Military Establishment, this mode of coercion is much more feeble. In that department, too, there is the strongest reason for the adoption of the most vigorous measures to bring to a prompt and final settlement those who have been intrusted with the disbursement of money, particularly in the Quartermaster's and Paymaster's department. Until the accounts of the Quartermaster General of an army, or of a military district, are settled, it is impossible to settle the accounts of the deputies and assistants, the barrack masters, foragemasters' and quartermasters, employed with the same army, or in the same district. The same observation applies to the pay departments. Until the deputy paymaster general settles his accounts, or at least until he renders his vouchers, none of the district, assistant district paymasters, or regimental paymasters, can settle their accounts. This observation applies to the several grades in both Departments. Thus a single officer, who knows himself to be a public defaulter, may, by standing aloof, and by procrastinating the decision of law, after suit is brought, prevent, for years, the settlement of the accounts of other officers, who may be solicitous to adjust them. It is the peculiar province of the Legislature to apply appropriate remedies for every evil, disclosed by the practical operations of the Government. The one now under consideration, taken in connexion with the inability of the accounting officers, to settle annually the public accounts, has produced more serious consequences to the National Treasury, than every other united. The conviction, on the part of an officer, that First. That another independent Department of the Government be organized to be denominated the "Home Department." That the Secretary of this Department shall exe- 2. The National Highways and Canals. 5. The Indian Department. Second. That the primary and final settlement of all accounts be made in the Treasury Department, and that the organization of that Department be modified, so as to authorize the appointment of 1. Four additional Auditors. 4. That the Mint Establishment be placed under the direction of the Treasury Department. Third. That the office of Accountant of the War and Navy Department, and of the Superintendent General of Military Supplies, be abolished. Fourth. That the survey of the coast be confided to the Navy Department. the According to the modification here recommended, First Auditor will be charged with the settlement of the public accounts, accruing in the Treasury Department. Second Auditor will be charged with the settlement of all accounts relative to the pay and clothing of the Army, the subsistence of the officers, bounties and premiums, the recruiting service, and the contingent expenses of the War Department. Third Auditor will be charged with the settlement of all accounts, relative to the Army, the Quartermaster's department, the Hospital department, and the Ordnance department. Both of these Auditors will keep the property account connected with those branches of service, in the War Department, confided to them, respectively. Fourth Auditor will be charged with the settlement of all accounts relative to the Navy Department. And the Fifth Auditor will be charged with the settlement of all accounts relative to the State and Home departments. The First Comptroller being relieved from directing and superintending the recovery by suits of all debts due the Government, will revise all accounts settled by the First and Fifth Auditor. Second Comptroller will revise all settlements made by the Second, Third, and Fourth Auditors. The Solicitor of the Treasury will be charged with the recovery of the debts due the Government, according to the forms prescribed by law. SENATE. ors of the internal revenue. The Legislature, in relation to that class of officers, has even authorized the arrest and imprisonment of collectors who fail to collect, or neglect to pay after collection; and the seizure and sale of the property, real and personal, of his securities during their imprisonment. As the principle has already been applied to cases arising out of the collec It is probable that experience will suggest the propriety of making changes in the distribution of duties among the accounting officers of the Treasury. In order that they may be done with facility, and as they shall be discovered to be necessary, it is respectfully recommended that the whole subject be left to Execution of the revenue, it is respectfully conceived that tive regulation. With this organization of the Departments, the check contemplated by the revision of the Comptroller will be as effectual as it can be made. Money will then be paid in all the Departments upon the settlement of an auditor, only after it has been revised and approved by a comptroller. If the Departments should be thus organized and vested with sufficient power to compel all officers employed in the collection or disbursement of the public money to render heir vouchers and settle their accounts, the annual settlement of the public accounts will be insured, and a more certain accountability established in the respective Departments. If the officer intrusted with the recovery of money improperly detained by public officers was authorized to issue an execution for the sum appearing to be due, either upon settlement or upon the failure to settle, when called upon for that purpose; and that the execution so issued should be satisfied by the distress and sale of all the delinquent's property, and that of his securities, one of the most formidable obstacles to the annual settlement of the public accounts would be surmounted. It is believed that there is no Constitutional objection to the adoption of the principle, in relation to the officers of the Government, who improperly withhold the public money. Under the law imposing the direct tax, the collector, on default of payment, is authorized to make the amount due by the levy and sale of the defaulter's property. In this case there is, on the part of the defaulter, nothing but a breach of the general implied obligation, which every citizen owes to the community, to contribute to the wants of the State, in proportion to the property which he possesses. This breach may frequently be the result of inevitable necessity, and but seldom brings his integrity in question. In the case of the delinquent officer, there is, in most cases, a direct breach of special confidence, involving the odious charge of peculation or embezzlement. Is there any reason why the remedy of the Government should be more summary in the former than in the latter case? Is there not, on the contrary, a clear distinction between the two cases, entirely in favor of the tax defaulter? Can it be considered more important to the community that the revenue should be rigidly collected, than that it should be faithfully and honestly disbursed? Has the difference in the remedy arisen from the consideration, that the one has withheld from the Government a hundred cents, which he ought to have paid, whilst the other has embezzled a thousand dollars of the public money, thus summarily colletted! There can be no doubt that the different remedies in the two cases have resulted from the want of sufficient reflection, and not from design. The subject is now presented to the view of the Senate, and no doubt is entertained that that enlightened body will satisfy the demands of reason and justice. It may be proper to observe, that the principle now recommended has been applied by the laws laying direct taxes to the collect reasons more cogent call for its application to the disbursing officers of the Government. The different rules established in relation to those two classes of officers, if persevered in, cannot fail to present the idea, that the Government is more astute in devising means to raise and collect revenue, than in enforcing a faithful application of it, when collected. JAMES MONROE, Resolved, That it shall be one of the rules of the Senate that the following standing committees be appointed at each session. A Committee on Foreign Relations. A Committee on Commerce and Manufactures. A Committee on the Judiciary. A Committee on the Post Office and Post Roads, and A Committee on Pensions. Agreeably to notice, Mr. BARBOUR asked and obtained leave to bring in the following resolution, which was read: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following amendment to the Constitution of the United States be proposed to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid, to all intents and purposes, as a part of the said Constitution: No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened. Ordered, That it pass to the second reading. The Senate adjourned. SENATE. Standing Committees-Reference of the Message. WEDNESDAY, December 11. DECEMBER, 1816. will expire on the 3d of March, 1821; and Mr. Mr. VARNUM Communicated the instructions of TAYLOR drew No. 2, and is accordingly of the the Legislature of the Commonwealth of Massa-class whose terms of service will expire on the 3d chusetts to their Senators in Congress, to use of March, 1819. their influence to effect the repeal of the act, passed the nineteenth day of March last, changing the mode and increasing the compensation of members of Congress; which were read. Mr. VARNUM Withdrew his motion for referring to a select committee the Message of the President of the United States, of the 5th instant, rela- | tive to the act to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes. The resolution to amend the Constitution of the United States, relative to the compensation of members of Congress, was read a second time, and referred to a select committee, to consist of five members, to consider and report thereon; and Messrs. BARBOUR, ROBERTS, Daggett, Mason, of New Hampshire, and BROWN, were appointed the committee. THURSDAY, December 12. ROBERT H. GOLDSBOROUGH, from the State of Maryland, arrived on the 11th, and attended this day. FRIDAY, December 13. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Nathaniel Williams," in which they request the concurrence of the Senate. The bill last mentioned was read and passed to the second reading. STANDING COMMITTEES. On motion of Mr. BARBOUR, the Senate proceeded to the appointment of the following Standing Committees, agreeably to the resolution of the 10th instant. And, Messrs. Barbour, Macon, King, Dana, and Lacocck, were appointed the Committee on Foreign Relations. Messrs. Campbell, Mason, of New Hampshire, Thompson, King, and Troup, were appointed the Committee on Finance. Messrs. Hunter, Sanford, Roberts, and Mason, of New Hampshire, were appointed the Commit tee on Commerce and Manufactures. GEORGE M. TROUP, (who arrived on the 11th instant,) appointed a Senator by the Legislature of the State of Georgia, to fill the vacancy occa-mittee on Military Affairs. sioned by the resignation of William W. Bibb, produced his credentials, was qualified, and he Messrs. Williams, Mason, of Virginia, Troup, Condit, and Hardin, were appointed the Com. took his seat in the Senate. The credentials of GEORGE M. TROUP, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, commencing on the 4th day of March next, were also read, and laid on file. The oath prescribed by law was administered to JAMES NOBLE and WALLER TAYLOR, respectively, appointed Senators by the Legislature of the State of Indiana; their credentials having been read and filed on the 2d instant, they took their seats in the Senate. On motion, by Mr. MORROW, Resolved, That the Senate proceed to ascertain the classes in which the Senators of the State of Indiana shall be inserted, in conformity to the resolution of the 14th of May, 1789, and as the Constitution requires. On motion, by Mr. MORROW, Ordered, That the Secretary put into the ballot box three papers, of equal size, numbered 1, 2, and 3; each of the said Senators shall draw out one paper. No. 1, if drawn, shall entitle the member to be placed in the class of Senators whose terms of service will expire on the 3d of March, 1817; No. 2, in the class whose terms will expire on the 3d of March, 1819; and No. 3, in the class whose terms will expire on the 3d of March, 1821. Whereupon, the numbers abovementioned were, by the Secretary, rolled up and put into the box; when Mr. NOBLE drew No. 3, and is accordingly of the class of Senators whose terms of service Virginia, and Williams, were appointed the Com- mittee on the Militia. Messrs. Morrow, Brown, Taylor, Noble, and Messrs. Roberts, Wilson, Goldsborough, Tich- Messrs. Chace, Talbot, Hunter, and Tait, were appointed the Committee on the Judiciary. Messrs. Wilson, Ashmun, Thompson, Talbot, and Chace, were appointed the Committee on the Post Office and Post Roads: And, Roberts, were appointed the Committee on Pen- sions. REFERENCE OF THE MESSAGE. The Senate resumed the consideration of the motions of the 4th instant, for referring the Message of the President of the United States to select committees, which, having been amended, were agreed to as follows: Resolved, That so much of the Message of the President of the United States as relates to foreign affairs, be referred to the Committee on Foreign Relations, with leave to report by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to manufactures, and to navigation and commerce, be referred to the Committee on Commerce and Manufactures, with leave to report by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to the militia, be referred to the Committee on the Militia, with leave to report by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to weights and measures, be referred to a select committee, with leave to report by bill or otherwise. SENATE. Little, a citizen of New York, praying a law may be passed granting him a patent for an improved mode of preparing and refining sugar; which was read, and referred to the Committee on Commerce and Manufactures, with leave to report by bill or otherwise. Law and others, inhabitants of the City of WashMr. DAGGETT presented the petition of Thomas ington, praying the division and sale of certain Messrs. DANA, HARDIN, MORROW, KING, and referred to a select committee, to consider and open squares in said city; which were read, and RUGGLES, were appointed the committee. Resolved, That so much of the Message of the President of the United States as relates to a National University, be referred to a select committee, with leave to report by bill or otherwise. Messrs. BROWN, Daggett, MASON, of New Hampshire, CONDIT, and GOLDSBOROUGH, were appointed the committee. report thereon by bill or otherwise; and Messrs. DAGGETT, GOLDSBOROUGH, and MASON of Virginia, were appointed the committee. On motion by Mr. WILLIAMs, the petition of Alfred M. Carter was referred to the Committee of Claims, to consider and report thereon, by bill or otherwise. Mr. VARNUM called up the petition of Sarah Resolved, That so much of the Message of the Presi-Jarvis and others, praying payment of the balance dent of the United States as relates to roads and canals, be referred to a select committee, with leave to report by bill or otherwise. Messrs. HORSEY, MORROW, LACOCK, ASHMUN, and FROMENTIN, were appointed the committee. Resolved, That so much of the Message of the President of the United States as relates to the slave trade, be referred to to a select committee, with leave to report by bill or otherwise. which may be found due to Leonard Jarvis, deceased, for services during the Revolutionary war; which was read, and referred to the Committee of Claims, to consider and report thereon by bill or otherwise. Mr. MASON, of Virginia, submitted the following motion for consideration : Resolved, That it shall be one of the orders of the Senate, that there be appointed, at each session, a Messrs. HORSEY, Ruggles, Tait, HARDIN, and standing committee for the District of Columbia. DAGGETT, were appointed the committee. Resolved, That so much of the Message of the President of the United States as relates to crimes and offences, and to the Judiciary Establishment, be referred to the Committee on the Judiciary, with leave to report by bill or otherwise. Resolved, That so much of the Message of the President of the United States as relates to an additional Executive Department, and to the office of Attorney General, be referred to a select committee, with leave to report by bill or otherwise. Ordered, That it pass to the second reading. Mr. LACOCK submitted the following motion for consideration: Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of dividing the State of Pennsylvania into two judicial districts, and establishing a district and circuit court of the United States at the city of Pittsburg, in the county of Alleghany. Mr. WILLIAMS Submitted the following motion for consideration: Messrs. SANFORD, MACON, WILLIAMS, DAG- Resolved, That a committee be appointed to inquire GETT, and MASON, of New Hampshire, were ap-into the expediency of amending the law regulating the pointed the committee. intercourse with the Indian tribes, and that the com Resolved, That so much of the Message of the Presi-mittee have leave to report by bill or otherwise. dent of the United States as relates to the finances, and a national currency, be referred to the Committee on Finance, with leave to report by bill or otherwise. And, on motion, the House adjourned until Monday. MONDAY, December 16. MONTFORT STOKES, who arrived on the 13th instant, appointed a Senator by the Legislature of the State of North Carolina, to fill the vacancy occasioned by the resignation of James Turner, produced his credentials, was qualified, and he took his seat in the Senate. The credentials of MONTFORT STOKES, appointed a Senator by the Legislature of North Carolina, for the term of six years, commencing on the 4th day of March next, were read, and ordered to lie on file. Mr. TROUP presented the petition of William 14th CoN. 2d SESS.-2 Mr. CHASE presented the petition of the President and Directors of the Bank of the Metropolis, praying an act of incorporation.-Referred to the Committee on Finance, to consider and report thereon, by bill or otherwise. The Senate resumed the consideration of the motion of the 4th instant, which, having been modified, was agreed to as follows: Resolved, That the Committee on Finance be instructed to inquire into the expediency of requiring the Directors of the Bank of the United States to establish a competent office of discount and deposite within the City of Washington, in the District of Columbia; and that they have leave to report by bill or otherwise. The bill, entitled "An act for the relief of Nathaniel Williams," was read the second time, and referred to the Committee of Claims, to consider and report thereon. On motion by Mr. WILSON, the Senate pro ceeded to the appointment of a Chaplain, on their par in the place of the Reverend John Glendy, who declines the appointment; and, on the ballots having been counted, it appeared that the Reverend SERENO E. DWIGHT had a majority, and was elected. TUESDAY, December 17. Mr. DAGGETT presented the memorial of the President and Directors of the Patriotic Bank of Washington, praying a charter of incorporation. Referred to the Committee on Finance, to consider and report thereon, by bill or otherwise. Mr. ROBERTS, from the Committee of Claims, to whom was referred the bill, entitled "An act for the relief of Nathaniel Williams," reported it without amendment, and the bill was considered as in Committee of the Whole, and passed to a third reading. The resolution for the appointment of a standing Committee for the District of Columbia, was read the second time, and considered as in Committee of the Whole, and ordered to be engrossed and read a third time. The Senate resumed the consideration of the motion of the 16th instant, which, having been modified, was agreed to as follows: Resolved, That the Committee on the Judiciary, be instructed to inquire into the expediency of amending the law regulating the intercourse with the Indian tribes, and that the committee have leave to report by bill or otherwise. The Senate resumed the consideration of the motion of the 16th instant, for instructing the Committee on the Judiciary to inquire into the expediency of dividing the State of Pennsylvania into two judicial districts, and establishing a district and circuit court of the United States at the city of Pittsburg in the county of Alleghany, and agreed thereto. On motion of Mr. SANFORD, the joint report from the Secretaries of the different Departments respecting the annual settlement of the public accounts, was referred to the committee to whom was referred so much of the Message of the President of the United States as relates to an additional Executive Department, and to the office of Attorney General, to consider and report thereon, by bill or otherwise. On motion by Mr. MORROW, the committee appointed to inquire whether any, and, if any, what legislative measures may be necessary for admitting the State of Indiana into the Union, or for extending the laws of the United States to that State, were discharged from the further consideration thereof. And on his motion, the Committee on the Judiciary were instructed to inquire and report the provisions necessary to give effect to the laws of the United States within the State of Indiana, and that they have leave to report by bill or otherwise. WEDNESDAY, December 18. Mr. BROWN presented the petition of the heirs and executors of Ignace Delino, late of the State DECEMBER, 1816. of Louisiana, praying compensation for certain property destroyed by order of General Jackson, during the invasion of that State by the British.Referred to the Committee of Claims. Mr. MASON, of Virginia, presented the petition of the President and Directors and Company of the Central Bank of Georgetown and Washington, praying a charter of incorporation.-Referred to the Committee on Finance. Mr. RUGGLES presented the petition of Thomas Riddle, praying compensation for the loss of clothing while a volunteer in the service of the United States.-Referred to the Committee of Claims. Mr. RUGGLES presented the petition of Edward Van Horn, of Harrison county, in the State of Ohio, praying remuneration for losses and injuries sustained while in the militia service of the United States.-Referred to the Committee of Claims. Mr. RUGGLES also presented the petition of certain citizens of Harrisville, in the State of Ohio, praying the establishment of a mail route, upon Committee on Post Offices and Post Roads. a plan suggested in the petition.-Referred to the Mr. MORROW presented the petition of William Edwards, of Warren county, in the State of Ohio, praying indemnification for certain services as a surveyor.-Referred to the Committee of Claims. Mr. GOLDSBOROUGH presented the memorial of the representatives of the yearly meeting of the religious society of Friends, held in Baltimore praying some further provision by law for suppressing the progress of a traffic in negroes and people of color, from the Middle and Southern States, as represented in the memorial.-Referred to the committee to whom was referred so much of the Message of the President of the United States as relates to the slave trade. Mr. MORROW, Submitted the following motion for consideration: Resolved, That the Committee on the Public Lands be directed to inquire into the expediency of authorizing the reprinting of the collection of land laws, made under the authority of the United States, with the addition of the laws passed on that subject since the said collection was made, digested and arranged in convenient order; and that they report by bill or otherwise. Mr. SANFORD submitted the following motion for consideration: Resolved, That the Secretary of the Treasury lay before the Senate a statement of all the moneys which have been collected, by virtue of the laws for the relief of sick and disabled seamen'; a statement of the expenditure and application of those moneys, comprehending the objects of expenditure, and a general view of the administration of the fund for the relief of sick and disabled seamen; and also, such information as he may possess, tending to show how far the moneys collected under the laws now in force, are sufficient or insufficient for the relief of sick and disabled seamen of the United States. The resolution for the appointment of a standing Committee for the District of Columbia, was read a third time, and passed. Mr. MASON, of Virginia, Mr. GOLDSBOROUGH, Mr. MACON, Mr. DAGGETT, and Mr. STOKES, were appointed the committee. |