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330 CONG....20 Sess.

Report of the Secretary of the Interior.


DEPARTMENEcember's, 1864.2.IOR,}


table exhibits ten by collision, seventeen by fire, | Department is being brought into good condi- stances, to discriminate between those worthy of five from ice, twenty-three from snags, and states tion.

governmental aid, and those urged for mere specnineteen of them were lost from inattention and All which is respectfully submitted.

ulative purposes. But if the application proceeds negligence, thirty-one from accident, one from

JAMES GUTHRIE, from the Legislature of the State in which the imbeing unseaworthy, and only two from unavoid.

Secretary of the Treasury provement is contemplated; and upon a thorough able causes. This exhibit proves that much

examination and rigid scrutiny it is found to be remains to be done, under the steamboat act, to

Report of the Secretary of the Interior.

promotive of the development of the country, and secure capable and efficient officers on steam ves

ihe enhancement of the value of the adjacent lands, sels for the preservation of life. These, and the

there can be no reasonable objection to the grant. recent losses upon the ocean, properly raise the

By confining it to the land in the vicinity of the question whether the law should provide greater

December 4, 1854.

projected thoroughfare, restricting the amount at security in the construction of steam-passenger

Sir: I have the honor to submit the usual any time to be patented to the construction and vessels, or leave them as now to the ship-owners. | annual report of the operations of this Depart- completion of a given number of miles of road, and In my former report the attention of Congress

throwing such guards around the grant as legislawas called to the inconvenience arising from the The business of the General Land Office has

tive wisdom may devise, there can be little danger two sets of local inspectors-one under the act of greatly increased, but has been conducted with of the donation being improperly used. 1838, and the other under the act of 1852—and the vigor and ability.

The applications to Congress, at its last session, propriety of having but one set under the same The surveys of the public lands have progressed contemplated the construction of five thousand and superintendence. The regulations which the su- || rapidly, and the necessary preparations, as far as fifty-six miles of road-exclusive of the great Papervising inspectors are authorized to make should the appropriations will permit, have been made | cific railroad and its branches—and assuming six also have the epproval of the Department, and its | for extending them into the new Territories. sections to each mile of road, would have required supervision in enforcing them.

The quantity of land in market has been largely | in round numbers twenty millions of acres. The propriety of providing for supervising in- | augmented, and every facility given to the hardy In compliance with the urgent solicitations of spectors on the Pacific coast was also stated,

and pioneers to secure eligible and permanent homes. | the representatives of the several portions of is again recommended. The attention of Con- The adoption of the graduation principle, intro- country where these contemplated improvements gress is also called to the penalty for collision, duced into the land system a novel and important | were to be made, large bodies of land, estimated under the act of 1838, which only applies to the feature, and stamped it with a character almost at about thirty-one millions of acres, were withdestruction of life on the vessel the officer com- entirely new, The labor, on the part of the drawn from market in anticipation of the grants mands, and does not embrace the killing done on Bureau, produced by it, is immense, and has being made, but this not having been done, the the other vessel.

involved the office in difficulties that cannot be l lands were restored to market immediately after There seems to be no express provision, in any il easily or effectually surmounted without the fur- | the adjournment of Congress. The withdrawal act of Congress, that the records and papers of ther aid of Congress. The law may be so modi- of lands from market under such circumstances, the several collectors of customs shall be public fied as to preserve its distinctive features; relieve was found on examination and reflection, obnoxproperty, and left in the offices for the use of their | its provisions from the uncertainty that now ious to several objections, viz: its effects in retardsuccessors; nor any provision making it a felony | attaches to them, and, at the same time, more ing the settlement of the country-its questionto make false entries in the collectors' books, or effectually accomplish the grand object to be able propriety-the difficulty in discriminating return false accounts to the Treasury. It has been attained. No doubt the intention was to aid and between cases in which it should be done, and customary in many of the districts for the outgoing | protect the actual settler, and not promote the those in which it should not--and the injury that collector io carry away the books and papers, on schemes of mere speculators.

might be inflicted upon the section of country the pretense that they were private property, be- This being assumed, the law, according to the the proposed grant was intended to benefit, by cause purchased out of the emoluments of the col- | plausible construction of the latter, will be found turning the tide of emigration elsewhere. For * lector, under the regulations of the Treasury. They | lamentably defective. It could not have been these and many other equally obvious reasons, have been declared, by a Treasury circular, the | enacted to subserve their interests at the expense it was determined that there should hereafter be property of the United States, and directed to be of those seeking permanent residences, and yet, no reservations for such purposes until grants preserved and handed over to the successor. The unless it be more strictly guarded, its provisions are actually made by Congress. fact that these books were carried away was cause more clearly defined, and its olijects more fully The Department would reiterate its recommend. of suspicion as to the integrity of the collectors, and declared, it is feared such will be the result. ation, thai officers connected with the survey and in four ports, to wit: Oswego, Cleveland, Toledo, During the last fiscal year 11,070,935 acres have | sale of the public lands be prohibited, under seand Milwaukie, where other strong circumstances | been surveyed, and 8,190,017 acres brought into vere penalties, from becoming purchasers. Such strengthen the guspicion, investigations were in- || market. Within the same period there were sold is the general rule in regard to ordinary agents stituted, with copies of the returns made to the for cash..

7,035,735.07 acres and auctioneers, and it is essential that it should Treasury, and the books and receipts of the im- And the amount received

be applied here-experience shows its absolute porters in the United States and those in Canada | therefor.... $9,285,533 58

necessity. examined. The accounts of the late collector at Located with military scripana

After the passage of the act of 1850, granting Oswego were ascertained to have suppressed du- land warrants.

3,416,802 26 the swamps and overflowed lands to the several ties, actually collected by him, to over $75,000; Swamp lands selected for

States in which they lie, many of them were enthe collector at Cleveland to an amount almost of States...

....11,033,813.53 tered at the Government Land Office; and, now, the $115,000; the collector at Toledo to an amount of Selected on donations for

purchasers claim their patents, and are equitably about $5,000; and the collector at Milwaukie to roads, &c. ....

1,751,963.19 entitled to them. over $3,000. These are the first frauds of this

It is, therefore, recommended, that, with the description that have ever been brought to light. | Making a total of...........23,238,313.05 acres concurrence of the respective States in which the They are now presented to the consideration of Exhibiting an increase of 5,952,240.17-100 acres lands are situate, the patents be issued, and that, Congress, for such additional legislation as may be over the previous year of lands sold for cash, and where the land was sold for cash, the money be deemed necessary. In the revision of the revenue a sensible diminution in the amount located with paid to the State in which the land lies; and, where laws prepared at this Department, under a resolu- || scrip and land warrants, and selected for States. it was located with scrip or land warrants, the tion of the Senate, and now before that body, The quantity of land sold during the second proper State be authorized to enter the amount of clauses have been inserted for the purpose of pro- | and third quarters of the present year, was land, so located, from the public lands in that State viding the proper remedy. There has been no about 5,436,538 acres, being an increase of about subject to private entry. As the lands belonged to revision of the revenue laws since the enactment 3,826,619 acres (in cash of $3,642,496 44) on that the respective States, from the date of the act, this of 1789. The necessity of a revision is respectfully of the corresponding quarters of the last year. will be the most equitable, and, perhaps, satisfacurged upon the consideration of Congress.

This extraordinary difference is owing to the re- tory manner of setiling the difficulty. Some mode in addition to the tables and reports herein- || markable advance in the price of real estate over should be speedily devised to relieve the General before particularly mentioned, various statements the whole country, and to the operation of the Government, the States interested, and innocent of exports and imports, a statement of the persons | law graduating the prices of the public lands.

purchasers from embarrassment. employed in the several collection districts, and a The quantity of land granted to satisfy the war- It will be necessary again to extend the time for complete set of the circulars issued by this Depart-rants issued to soldiers of all our wars since 1790, the completion of the work of the commission to ment since the date of my former report, also amounts to 31,427,612 acres. To satisfy Virginia ascertain and settle the private land claims in Calaccompany this.

land warrants, scrip embracing 837,356 acres has | ifornia. It expires on the 4th of March next; and, The important interests confided to this Depart- | already been issued, and the balance yet required if the time is extended, it is desirable it should be ment require that the clerical force should be not || is estimated at about 200,000 acres.

done sufficiently early in the session to enable the only capable, but trustworthy in all respects. I In my last annual report, donations of public | Department to advise the commissioners to confind there has been great improvement in that lands for the construction of great leading highways tinue these labors. Notwithstanding the indefatforce. In most cases, the best of those found in || in the new States, were recommended for reasons igable exertions of the commissioners, their labors office were retained, and under the system of clas- || therein stated. Although nothing has since trans- cannot, with a due regard to the public interests, sification, when vacancies occurred, a rule was pired to change or modify the

views then enter- be closed within the time allotted. The whole established to promote, for capacity and efficiency, tained and advanced by the Department, yet it | number of claims presented, is 813. Of these, from the lower to the higher classes, whilst the would be folly to attempt to conceal the fact, that 72 were adjudicated by the old board, which was required examinations have secured more capable through the popularity of the scheme, the appar- | constituted in September, 1851, and 325 by the clerks for the first class. The rules of the office ent prospect of being able to prostitute it to mere new board, appointed in April, 1853. Of the 397 are strictly enforced, and there exists commend- | purposes of gain has induced many projects which claims thus adjudicated, 294 were confirmed for able industry, capacity, efficiency, and, it is be- are totally unworthy of public confidence. It | 736 square leagues of land, and 103, covering 383 lieved, integrity, in the corps employed. The il may, therefore, be difficult, under existing circum- ll square leagues, rejected.

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Transcripts have been forwarded to the Attor- A biennial examination of invalid pensioners, | mischievous practice, viz: the undue accumulaney General, in 295 cases, and duplicate tran- to detect fraud and prevent imposition, was recom- tion of public funds in the hands of officers who scripts, in 202 cases, to the proper courts, as re- mended to the consideration of Congress, but not act as disbursing agents. quired by law.

authorized. It is a remarkably striking fact, that on the 31st of March, 1845, there was in the hands The recorded depositions of witnesses, decisions of the large and entire number on the invalid of pension agents alone the sum of $1,041,495 79 of the board, original Spanish documents, trans- pension roll-with, recently, two honorable ex- On the 31st of March, 1846..... 681,786 84 lations, and the daily proceedings of the board, | ceptions—there appears never to have been any | On the 31st of March, 1849.. 950,918 25 cover, in all, 6,749 pages, equal to about 41,492 diminution of the disability; but frequently an On the 31st of March, 1850. 748,900 37 folios. It is estimated that there is at least as much increase. Besides, the Pension Bureau, crippled On the 31st of March, 1853.. 948,475 80 more of this kind of clerical work to be done. as it is for means, has discovered many instances As constituting this sum in part, the agents had,

I append hereto a copy of the most recent report || in which palpable fraud has been perpetrated and under sonne acts, enough money to meet their received from the commissioners.

gross deception practiced. As the imputation of estimated demands for several years, and they Since the new classification and reorganization | guilt may fall upon the innocent, as well as the were required to repay it into the Treasury, which of the Pension Bureau, it has been conducted with guilty, it does seem proper that authority should has been done in the adjustment of their acmuch order and regularity. There is no unne- be given the Commissioner of Pensions, on satis- counts. cessary delay in deciding the applications pre- factory proof of the commission of such offense, During the last fiscal year advances have been sented, and every attention is given them that can to reduce the pension, where the disability has made to pension agents, with strict reference to be desired.

decreased, and to strike the name of the pensioner carefully prepared estimates of the amounts necesThe fact was before noticed that the pension act from the list, where it has ceased. The Commis- || sary to meet probable demands upon them; and of 31 February, 1853, did not cover the cases of sioner may safely be clothed with this power; for, by this course the amount in their hands has been the widows of officers, non-commissioned officers, besides subserving the interests of the public, it reduced from $948,475 80, on the 31st March, marines, and mariners, who served in the Navy | will protect from unjust aspersion the honest and || 1853, to $393,801 20, on the 30th June last. No during the revolutionary, war. Congress, at its worthy pensioner.

difficulty has existed in procuring agents to pay last session, overlooked it; and, as the omission The Department would again earnestly recom- !| pensions. On the contrary, such offices are sought was clearly accidental, it is proper it should be .mend a modification of the act of Congress lim- after with as much eagerness as others; and, from again presented for consideration.

iting, to two years, prosecutions for perjury and the large amounts it has been heretofore customary The widows of seamen who die in service in || forgery committed in pension and land warrant for them constantly to have on hand, it is not time of peace, are entitled to pensions which are cases. Why should the criminal escape, when

doubted but that they have been fully compenwithheld from those of officers and soldiers of the the offense, owing to the ingenuity of the offender, sated for their services. Army. There is no reason for this distinction. is concealed until the time for his prosecution has The Mexican boundary survey is presumed to It is supposed by some that a fund is raised for elapsed? With all possible vigilance, this cannot have been recommenced in the field, ana no doubt the purpose by the seamen themselves, when in be avoided. The cunning and duplicity of the was entertained of its completion under the accomservice; but this is an error. Both stand upon the || persons engaged in the commission of such plished officer at its head, within the time and same footing, and have like claims-the pension offenses is wonderful; still many have been de- || amount estimated; but recent intelligence from the being a gratuity in either case.

tected through the watchfulness of the Pension commission has reached the Department, which Great irregularities exist in the pension laws, Bureau. Up to the 30th of September last, thirty may render a further appropriation necessary, and in their operation. The evil is of so absurd have been indicted; of whom eleven have been An appropriation of $10,000 will be required to a character, in many instances, as to be exceed- convicted, nine Hled and forfeited their recogni- || complete the maps and drawings of the previous ingly annoying and mortifying, as well as unjust. zances, one died, one committed suicide, two have | survey. The whole estimate for this purpose of those that might be adduced, it is presumed eluded the officers, and six await trial. Others was $20,000, but as $10,000 was all that could be that a single one will be sufficient to attract proper have not been prosecuted, owing to the limitation economically expended during the fiscal year, that attention to the subject. A seaman, a marine, referred to; and, in several aggravated cases, the sum only was asked for. and a private soldier of the Army may be engaged statute has been successfully pleaded. The per- The boundary line between the United States in the same battle, and, all alike, totally disabled. tinacity and success of the Pension Bureau, in and the British Provinces in the northwest, as The seaman, by existing laws, will receive three pursuing the offenders, has perceptibly dimin- | designated in the convention of June, 1846, dedollars, the marine six dollars, and the soldier ished the offense; and, with enlarged power, it serves attention. That part especially which sepeight dollars per month. The disability, and all may probably be totally checked.

arates the Territory of Washington from the the attending circumstances, being the same, there The limitation operates as an incentive, and is, British possessions, should be traced and marked. should be no such gross disparity

in effect, a bounty to the ingenuity and cunning | As the British Government is understood to be There has been, within a few years past, a of the felon.

ready to coöperate, there should be no delay on large increase in the aggregate amount of pensions By examining the reports of the able and effi- our part. paid, much of which is owing to the departure cient Chief of the Pension Bureau, the necessity The Territory of Washington is in process of from the original design of the pension policy. of a thorough revision of the pension laws will settlement, and difficulties have already arisen in The intention of its first projectors was to relieve be apparent. Justice to those entitled to pen- regard to the extent of the rights of the Hudson's the wants of those who, having served their coun- sions, as well as sound policy and true economy, Bay and Puget Sound Companies, and the intertry faithfully, and hazarded their lives and for- demand it. With a judicious, well arranged sys- ests of many of our citizens are involved in the tunes for its freedom and happiness, were desti- tem, the Government could diminish the expendo controversy. As yet, not very much value has tute. Now, it has become general, and has been iture, give more satisfaction, and do a vast deal attached to the country, and it is a question of more and more enlarged every year, until it has more good than is now practicable.

moment whether it is not the wisest policy to grown into a stupendous systeni. At an early By the act of Congress, approved 3d March, | settle these claims at once. They can probably period of our history it was considered derogatory | 1853, this Department was authorized to desig- be extinguished for a reasonable consideration; if for any one, however meritorious, to accept the nate three clerks of the fourth class to act as 80, it should be done. gratuity, even when tendered by the Government, disbursing clerks, and to allow each of them $200

The Patent Office is in excellent condition, unless in needy or indigent circumstances. A || additional as their services for such. Wich a and the manner in which its affairs are conducted different sentiment, however, has now obtained, view, however, to concentrate the responsibilty, | gives universal satisfaction. Still, the character and the purest, best, and most honorable of our and the better to preserve uniformity in the dis- | of the force, as now authorized by law, is not citizens, do not refuse it. There can be no well- bursement of the public money, it was deemed such as to attain the accomplishment of all that founded objection to this, so long as the law re- best to employ but one disbursing clerk, who, could be desired. By adopting a new arrangemains as it is. But considering the small pittance with the aid of two or three assistants, of lower ment-the result of urgent necessity-the Com(often, under existing laws, only one dollar and grades, should constitute a financial division of missioner has dispatched more than the usual fifty cents or two dollars per month) doled out to the Department, where the salaries of all the amount of business. Instead of six principal the indigent soldier, his widow or minor children, officers of the Department and its Bureaus, and examiners, with two assistants each, there have it is a question worthy of consideration whether all contingent and other bills should be paid, and || been, practically, since the first of April last, humanity does not demand that the system be so all requisitions drawn for the advance or payment eleven principal examiners, each with one assistmodified as at least to approximate the principle, of public money. So far the plan has worked ant. Thus, instead of the usual tedious delays, established by its founders, to increase the amount admirably well, and it cannot fail to be highly most of the work is up to date. bestowed upon those whose merits and circum- || beneficial.

Since the first of January last there have been stances entitle them to aid; and to give to them, Prior to the commencement of the last fiscal || issued upwards of sixteen hundred patents, and, if nothing more, such substantial relief as sound year (1st July, 1853) no ledgers or other books within the year, the number will reach nineteen policy will permit. By adopting such plan, and had been kept in the Department, from which hundred-which will be about double the number cutting off all arrearages of pensions, the great the state of its various appropriations, and the issued during the last year. The arrangement, evil of the system may be remedied.

amounts in the hands of its agents could be as- by which this result has been produced, was juThe Third Auditor of the Treasury executes certained without resort to those kept at the dícious, and has proved satisfactory to all parties several acts of Congress, giving half pay for five | Treasury. The proper books were, therefore, interested. years to widows and orphans of officers of the provided, and a system devised to supply this Several amendments to the patent laws were Army. These acts being of the same general important defect; and now the balance to the suggested last year. Those of most immediate character as others executed by the Commis- || credit of any appropriation can be readily ascer. and pressing necessity are, provision for taking sioner of Pensions, and the same principles of tained and payments or advances made, as the testimony, appeals, and prescribing a new rate of construction applying to both, there is a manifest public service requires, or the means at the com- fees. propriety in conferring the whole power upon the mand of the Department will admit. The adop- Many questions of great importance are free Pension Bureau, and thereby preserving uniform- tion of this plan has enabled the Department to quently pending before the Patent Office, dependity in the decisions.

ascertain and correct what it conceived to be a Il ing, for a correct decision, upon the testimony of 33d Cong....2p Sess.

Report of the Secretary of the Interior.



witnesses, and there is no power provided of com- illegal. In all such cases, it has been contended resignation, to take effect in the course of the pelling them to give it. Nothing is more common by intelligent and experienced jurists and lawyers, present month, and the office has been disconihan for a witness to refuse to attend an examina- that such allowances are proper, and that the power tinued. tion, or to give testimony after he has attended. has been conferred on the Department, and they Many public improvements are required in the

The law now allows any person, who appeals feel aggrieved that it is not exercised. Not dis- District of Columbia, which can be constructed, from the decision of the Commissioner of Patents, posed, in the slightest degree, to wrong men whose at this time, without the expenditure being seto select which of the three judges of the circuit opinions are entitled to so much weight, I hope | riously felt by the Treasury. In such a city cercourt of the District he chooses, before whom to Congress will, in the next appropriation for the tain objects of magnitude are to be accomplished bring his appeal. The chief justice of that court expenses of the United States courts, indicate which are beyond the reach of the citizens alone. will probably never again be able to entertain an their opinion on the point in issue, and relieve it || Nothing can be lost by exhibiting a generous appeal, so that taking an appeal before him is of all doubt in the future.

spirit of liberality, the more especially where imtantamount to its postponement during the term Some time after I entered upon the discharge portant interests of the Government are thereby of his natural life; and even after his death there of my duties, I observed that many inquests were promoted. may be some question whether the delay will be held in the city by the coroner, and found that the The erection of fire-proof buildings is abso. at an end. By such an abuse of the law a case sum of $9,800 had, within the last four years, lutely necessary for the safety and security, as has been suspended, in this manner, for nearly been drawn from the Treasury to defray the well as the convenience and accommodation of the two years, and may be continued for an indefinite | expenses. Believing these expenditures to be State, War, Navy, and Interior Departments. period.

unauthorized by law, I sought the advice of the No city can be more exposed than this to fire, and The rate of fees was fixed at a time when the Attorney General, who, in an elaborate opinion, none are in possession of fewer means to extinreal value of money was much greater, in pro- || having concurred with me, all further payments | guish it. When there is such a surplus lying portion to its nominal value, than at the present were discontinued.

dormant in the Treasury, what good reason can time.

In June, 1853, on the question being presented be assigned for permitting millions of public propThe pay of the employees in the office has been on appeal, I was of opinion that the clerk of the erty to be constantly exposed to imminent danger, much increased by Congress, and in various United States courts in this District was, by the without an effort to protect it? other ways its expenses have been largely aug. one hundred and sixty-seventh paragraph of the The rents paid for additional buildings, although mented, whilst the fees have remained the same. act of 1842, obliged, as other clerks, to make re- large, are trifling in comparison with the irrepaIn addition to this, the force of the bureau has port of his fees and emoluments, embracing those rable loss that would accrue from the occurrence been considerably increased, in order to dispose of the criminal court. As a contrary view had of such a calamity. of the accumulation of business.

been taken by one of his predecessors, i submitted If the money is not thus expended, may it not From all these causes the inevitable consequence the question to the Attorney General, who, upon be applied to purposes of less importance to the has been, that, during the current year, the ex- orough examination, came to the conclusion American people? penses of the office have been continually exceed that such was his duty. From his reports, since The appropriations made for the present fiscal ing the revenue; and such will continue to be the made, after making large allowances for expenses, year, for improving and ornamenting the public case until the increase of the revenue shall have | his fees and emoluments, in the five years ending i grounds, were too small and too limited. With been provided for.

the 31st December last, were $29,986 48, being a view to the comfort, health, and beauty of the Such a reorganization of the examining corps an excess of $12,486 48 over the maximum al- ' city, the admirable plan of Mr. Downing should as will place all its members on a proper footing | lowed by law, which will be refunded. There is | be rapidly pressed to completion. It is impractiis a subject worthy of consideration. The assist not even a plausible pretext for his being made a cable to prosecute it vigorously, without additional ant examiners, who are performing the duties of solitary exception to a rule applying to the clerks means. 'If liberal appropriations were made, as principal examiners, may justly expect, at no of all the other United States courts.

well as provision for the employment of a skillful distant day, the compensation attached to those By existing laws, the costs of all criminal com- and intelligent landscape gardener, all the public duties and responsibilities.

plaints made before the magistrates of this District, grounds might soon be made to assume a beautiful The Attorney General should be clothed with whether the complaint is sustained or not, are appearance. The portions cultivated and improved supervisory power over the accounts of the mar- paid by the General Government. This item, for are certainly very creditable to the action and taste shals, clerks, and other officers of the courts of the ihe last fiscal year, amounted to upwards of | of Congress; but the remainder, in their present United States now possessed by this Department. $10,500. The power should surely be conferred condition, are not only offensive to the eye, but It is germane to the other powers intrusted to him. upon the magistrate or court to compel the com- well calculated to generate disease in the city. A law department should, for many obvious plainant to pay the costs in all cases where the The force employed upon the public grounds reasons, be constituted. Properly organized, it magistrate or court may deem the prosecution should be differently organized and arranged. would be very advantageous to the other Depart- | unfounded, frivolous, or malicious. This may be There should be a controlling spirit at the head, ments of the Government, and, at the same time, the means of preventing the institution of many who would direct and distribute the subordinates introduce many radical and salutary reforms in prosecutions in which the public have no interest. and laborers; and the salaries of the officers, inour judicial expenditures.

The judicial expenses of the United States are stead of being paid at the discretion of the DepartThe salaries of most of the judges of the district | largely on the increase. To some extent this is ment, should be fixed by law. courts of the United States are inadequate. Their natural, and many causes contribute to it; but The lots in the city, belonging to the General duties are arduous and important, and constantly some exist which seem to be unnecessary, and Government, are now sold by the Commissioner increasing. The professional ability, knowledge, should, therefore, be removed. A preëminent of Public Buildings, and the proceeds expended and qualities required for their faithful discharge, one is believed to be the great number of terms for the improvement of the streets-nothing going would insure a much larger compensation at the and places at which courts are held.

into the Treasury. The propriety is suggested of bar. In many of the districts the clerks and mar- Two hundred and twenty-three terms of the Uni- selecting such as may be necessary for the public shals, who perform, comparatively, little intellect. | ted States courts (exclusive of the Territories) are use, and turning over the balance to the city auual labor, are far better remunerated for their ser- held, in eighty-eight different places, during each thorities, to be exclusively devoted by them to the vices. A respectable support should be given to year. In the western districts of Virginia, courts purposes of education. This would relieve the men who cannot, on account of the positions they are held at six different places; in the northern dis- | Department from all embarrassment in connection occupy, ergage in any other profession or avoca- trict of New York at eight; in California at six;in with them, prevent private individuals from obtion. The preservation and perpetuity of our most Louisiana at six; and in Florida at five. It is well || taining them, on ex parte statements, for a mere valued institutions depend, to a great extent, on to inquire whether the judicial business transacted trifle, and would benefit a most worthy class of the purity, firmness, and independence of the justifies the expense in these and other instances. || people. judiciary, and these qualities should be nurtured Were there but one or two places only in each Under the appropriation of $15,000 for comand encouraged.

State, for holding United States courts, there would pleting the Little Falls bridge, a contract has been Much ambiguity exists in the act of 1853 as be many obvious reasons in favor of constructing entered into for erecting, on the stone abutment to the discretionary power of the Secretary of the suitable buildings at these points for their ex. and piers already built, two spans of wooden Interior over the expenditures of judicial officers, clusive use, so as to make them entirely inde- || bridge-in length three hundred and twenty feet. and for judicial purposes. In several instances, pendent of the State, county, or other local author. | The plan adopteil is known as “ Howe's Truss," judges have presented, for allowance, bills for | ities. Such buildings, and everything connected combined with arches, and the structure is to be law books purchased by them, which were disal- with the federal courts, being assimilated as nearly capable of sustaining a test weight, or load, of lowed. The district attorneys have frequently as practicable to those of the State courts. one ton for every foot in length. To make it asked that offices and furniture be provided for The accompanying report from the First Comp- || available for travel, an inclined timber roadway them, which has generally been refused, the rule troller of the Treasury contains suggestions on will be constructed to lead from the river bottom, being to allow office accommodations when, at this and other kindred subjects, which, emanating which is dry at low water, up to the roadway of particular places or in large cities, the Government || from such a source, deserve, and will no doubt the bridge. This part is liable to be carried away is compelled to make provision for the courts by receive, the proper consideration of Congress. by the spring freshets, but can be replaced at a renting buildings, and rooms can be spared with- In pursuance of the separate resolutions of the comparatively small cost. The whole will be out inconvenience, but not otherwise. In other two Houses of Congress, passed at the last ses- completed by the 15th instant. To finish the cases, marshals have exceeded the limit prescribed sion, the Superintendent of the Census has pre- bridge as originally proposed, would, according by the statute, in the purchase of furniture, where | pared, with much labor and ability, a compendium to the estimate of the engineer in charge, cost the assent of the Secretary of the Interior is made of the Seventh Census, and the required number $75,000 more. If appropriated, the Department a condition precedent to the expenditure, and the of copies is ready for delivery. This has nearly will endeavor to expend it judiciously and with Department has refused to allow such accounts exhausted the appropriation for census purposes, frugality. on the ground that the prerequisite approval had a small amount only remaining unexpended. The The erection of the buildings for the national not been obtained, and it was doubted whether he matters to which his attention was directed being hospital for the insane has been prosecuted with then had the power to legalize an act manifestly completed, the Superintendent has tendered his ll great energy, and strictly with an eye to utility 331 CONG....20 Sess.

Report of the Secretary of War.



and economy. It was supposed that ere this it the Omahas, Ottoes and Missourias, Sacs and payment, and have seriously embarrassed the would have been ready to receive inmates; but, on Foxes of Missouri, lowas, Kickapoos, Dela- efforts made to effect it. reflection, it was concluded best to defer its occu- wares, Shawnees, Kaskaskias, and others, Mi. The crops of many of the tribes who have been pancy until the erection of permanent appendages, / amies, and the Menomonees. Vigorous efforts induced to till and cultivate the soil have, from which otherwise must have been temporary, and, have been made and are still being made to exe- the continued drought, partially failed. As the in the end, far more expensive. The present in- cute in good faith all the provisions and stipula- | quantity of breadstuffs and provisions usually tention is to receive the patients of the District, | tions to be performed on the part of the Govern- produced afford, at best, but a scanty subsistence, now under the care of the Maryland hospital, ment; and the Indians seem desirous of strictly their wants and necessities will be materially and Mount Hope institution, at Baltimore, on the conforming to their respective engagements. The increased. As they may be exposed to much first day of January next. It is probable the appropriations to carry these treaties into com suffering during the coming winier, instructions - present edifice will be completely finished and in plete effect, were made at so late a period that it have been given to reserve a portion of their anreadiness for occupation on the 30th of June next. was found impracticable to accomplish all that nuities, to avert as far as practicable that calamity. It will then accommodate eighty-five patients, with was designed. In these treaties the Government Every effort will be made to relieve them; and it the usual proportion of officers, atiendants, and adopted a liberal policy towards the Indians, and is expected the agents will not be remiss in faithservants. There are now twenty insane persons, if it is pursued and prosecuted efficiently it must fully discharging the duties incumbent upon them, belonging to the Army and Navy establishments, lead to most beneficial consequences. The prin- | under such peculiar circumstances. and fifty-three indigent insane in the Baltimore cipal thing to be feared, is that the poor, ignorant, The hunter tribes have lately exhibited more institutions, supported by the Government, and ) unlettered and inexperienced Indians may be than their usual boldness and desperation. The eleven are detained in jail in this city. So that it brought into too close contact with the whites, limits of their hunting grounds are being rapidly appears there are already eighty-four, who will which generally degrades them, because they seem reduced, and the buffalo and other game are fast be entitled to the benefits of this institution, ac- inclined to contract their evil habits instead of diminishing; so that they are driven, by stern cording to its original design. It is conceived | imitating their virtues.

necessity, to theft or starvation. In consequence that no project can commend itself

more favora- The annuities are abundantly sufficient for all of this the frontier settlements and the emigration bly to the attention of Congress. To make it a legitimate purposes. A large portion of them to California and Oregon have been much exposed model institution of its kind, should be the determ- || should be devoted to the improvement of their and harassed. The military force at the comined effort of the Government. This can be done, | moral condition. Ample provision should be mand of the War Department is small, and, alwith the aid and experience of the present excel- | made for educational purposes. The missionary though active and vigilant, has not been able to lent superintendent, at a small cost, compared with establishments among them, which have been give that protection to our citizens which is so our other public buildings and similar structures very successful in converting many to Christianity much required. in many of the States.

and reforming and civilizing them, should be fos- Perhaps the only course that can be pursued to The penitentiary of the District, although con- tered and encouraged.

reclaim these tribes, and prevent their depredaducted with care and rigid economy, is consider- There is a provision in some of these treaties tions upon their innocent, and, in many cases, ably in debt.

of grave importance, and requires prompt atten- defenseless victims, is, to make liberal appropriaIn 1846, a special appropriation of $11,949 64 | tion. One of the stipulations with the Dela- tions for their colonization and civilization. "Colwas made, in addition to the annual appropriation wares, as well as lowas, and the confederate onization was, many years ago, partially tested for its support, and to meet, as is supposed, the band of Kaskaskias and others, requires that the in California, and the recent trial, it is hoped, will then existing indebtedness. It proved to be insuf- lands ceded by them (except the Delaware out- prove successful. There is every reason to be. ficient, however, for though the appropriation for let) shall, after survey, be offered at public sale | lieve the plan a good one, if those intrusted with the next ensuing year was about double the ordi- | and sold to the highest bidder; and such portions its execution have the proper aptitude and qualinary amount provided, an indebtedness is still as may not be sold at public sale, shall be subject fications. Few possess the qualities necessary to reported to have existed, on the 31st December, to entry, at one dollar and twenty-five cents per the useful discharge of the duties of an Indian 1847, of $1,055 15, which continued annually to | acre, for the term of three years, after which agent, and fewer still the properties required to augment until the present warden took charge of Congress may reduce the price of the residue carry out skillfully and successfully such a sygthe Institution, on the 8th June, 1853, when it unsold.

If this last hope fails, then extinction apamounted to about $12,000. Collections and The expense of surveying, managing and pears to be inevitable. Such should not be the payments have been since made, which enabled selling the lands, is to be deducted from the pro- destiny of this unfortunate race, if it can be averted him to reduce this indebtedness to about $7,000, ceeds of the sales, and the balance paid to the by the power of this Government. Some are which the institution has no means of paying, Indians. The Government is bound to preserve impressed with the idea that the only successful as no further collections can be confidently relied | these lands from all such trespass and intrusion way of treating them, and preserving the relations upon. Soon after the present warden was ap- as will interfere with a bona fide compliance with that should exist between them and the Governpointed, he was instructed to abandon the credit, || this treaty stipulation. If, as is now the case, ment, is to chastise and punish them whenever and adopt the cash system; which has, thus far, intruders occupy these lands, and more espe- they err, but, in my judgment, kind treatment, in had a salutary effect. He is now anxious that an cially with a view of making permanent setile- most cases, will subserve a far better and more appropriation should be made, to enable him to menis, and effectually preventing, the govern- useful purpose, and eventually lead to more depay off the indebtedness for which he is in no mental authorities from executing this stipulation, | sirable results. The whites who mingle with, or wise responsible.

they should be promptly ejected. The duty of live contiguous to them, are not always blameIt is necessary to increase the number of guards || the Government is clear, and justice to the Indians | less. Often, to their mischievous conduct may and employees about the penitentiary, as the requires that it should be faithfully discharged. be traced the most brutal and distressing depredaduties to be discharged are entirely too onerous Experience shows that much is gained by sacredly tions of these children of the forest. Kindness for those now engaged. In 1849 there were forty | observing our plighted faith with these poor has operated wonderfully on some tribes, and why convicts incarcerated in it, to guard whom there creatures, and every principle of justice and should it not succeed with others ? Colonization were nine persons, including the messenger. In humanity prompts to a strict performance of our might be attempted in the Territories of New 1853, there were one hundred convicts imprisoned, obligations.

Mexico, Utah, Oregon, Washington, and the and only eight persons to guard them. That an The beiter to protect the interests and promote country immediately east of the Rocky Mountadditional number is requisite admits of no doubt. || the welfare of the Indian tribes between whom | ains. The object should be two-fold: to domeg.

In the increase of salaries to officers and clerks and the United States treaties exist, instructions ticate and isolate them, as much as practicable, of the different Departments, by a late act of Con- have been given requiring the agents and sub- from the white settlements. The arts of civilized gress, no notice was taken of the chief clerk of agents to reside within the limits of their life should be introduced, and, if possible, a settled this Department, whose duties are as arduous, and respective districts, and to make, through their | form of government established among them. of as important a character as those of the assist- superintendents, periodical reports, in detail, of To effect this, large appropriations would be ant secretaries of other Departments. These their operations.

requisite, but how could money be expended more assistants receive each, $3,000 per annuin; he only Many of the Indian tribes are doing well, and charitably or appropriately ihan in this great $2,200. No such invidious distinction should their condition is daily improving, whilst others cause of humanity? exist between them. Justly appreciating the value are rapidly deteriorating, and constantly assuming I have the honor to be, very respectfully, your of his services, I have no hesitation in recom- a more dissolute and degraded character. The obedient servant, mending the increase of his compensation, and aggregate number is fast diminishing, and some

R. McCLELLAND, Secretary. that he be made, ex officio, assistant secretary, in of the tribes, whose numbers in former days The PRESIDENT. the absence of the Secretary from the Department. were large, and whose prowess was great, are Temporary clerks, when necessary, are em- now nearly extinct. Notwithstanding the unre

Report of the Secretary of War. ployed, under the act of 26th August, 1842, and mitting efforts of the Department, it seems impaid for every day of actual service. The act of possible effectually to prevent the introduction of 220 April last, requires their compensation to ardent spirits amongst them. The facility with

War DEPARTMENT, December 4, 1854. conform to that of regular salaried clerks perform- || which the use is acquired, and the misery and Sır: have the honor to submit the following ing similar duties. A modification of these laws destitution which are its inevitable consequences, report of the operations of the Army for the past is suggested, so that the temporary clerks shall, are matters of deep concern and regret. The year; and to lay before you the reports of the hereafter, be paid by the folio or piece, as in the abolition of the system of cash payments, which commanding General and of the Heads of the Patent Office. This would tend io prevent par- | is being accomplished as rapidly as practicable, several Bureaus of the War Department. tiality, and encourage and reward the expert, will lessen the quantity consumed, as it directly The authorized strength of the Army (as now industrious, and experienced.

interferes with ihe interests of the venders. The posted).is 14,216 officers and men, but the accomWithin the year, fourteen treaties have been traders, who have on this account a most potent | panying tables, prepared at the Adjutant Genentered into with Indian tribes.

and controlling influence over the Indians, are eral's office, show that at the date of the last returns The most important have been concluded with " generally opposed to the change in the mode of ll the actual strength was only 10,745. This dif

33p Cong.... 20 Sess.

Report of the Secretary of War.

SENATE & Ho. OF Reps.

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ference, however, between the authorized and of so threatening a character, that it was considered Pacific, and an Indian population of 180,000, a actual strength of the Army is fast disappearing necessary to authorize the commander of that large proportion of whom are, in feeling, hostile under the operation of the law of the 4th of August department to call upon the Governor of the State, to us, and many of them at this time actively so. last“ to increase the pay of the rank and file of from time to tim as exigencies might arise, for The total force in the department, at the date of the Army, and to encourage enlistments."

such volunteer force as might be required to repel the last returns, was 1,855 officers and men. The general distribution of the Army is nearly | Indian incursions. In New Mexico serious hostil- 3. The Department of Texas, nearly the whole the same as shown in my last report. The most ities were repressed by the prompt and energetic ac- l of that State, has a sea-board frontier not yet proimportant changes will be briefly noticed. The tion of the troops employed there, but depredations tected by fortifications, of 400 miles, a foreign and 3d artillery has been reorganized since the wreck upon the inhabitants are still of occasional occur- Indian frontier of nearly 2,000 miles, and comof the steamer San Francisco, and six companies rence; and in the department of the Pacific outrages munications through the Indian country of more sent to the Pacific, via the Isthmus of Panama. of the most revolting character have recently been than 1,200 miles. The Indian population is estiTwo of the companies of that regiment and a perpetrated.on parties of emigrants on their way mated at 30,000, nearly all of whom are nomadic detachment of recruits for companies of dragoons io California and Oregon. To repress such dis- and predatory; and ihe western and northern serving in the department of the Pacific have been orders, the troops have been activly and constantly frontiers of the State are exposed to constant sent by the overland route, for the purpose of ex-employed; and in the arduous and harassing inroads from the Indians in Mexico and the plains. ercising a salutary influence over the Indians dulies that have devolved on them, have exhibited The force in that department, at the date of the inhabiting the country through which they will a gallantry, zeal, and devotion that merit the favor. last returns, was 2,886 officers and men. pass and holding to account the tribe implicated able notice of the Government. The details of 4. The Department of New Mexico.- This dein the massacre of Captain Gunnison's party. these operations will be found in the reports trans. partment has an Indian and foreign frontier of They will winter in the Great Salt Lake Valley, mitted herewith.

1,500 miles, communications through the Indian and proceed to their destination in the spring. During the past year, the Sioux Indians have country of more than a thousand miles, and an Six companies of the 2d infantry have been reor- committed many depredations upon the property Indian population of 50,000, a great portion of ganized, and are now posted in the department of the emigrants passing Fort Laramie, on their whom are bands who do not acknowledge the of the West. The remaining companies of that route to Oregon and Utah. On the 19.h of Au- || authority of the United States. The force in this regiment will be sent to the same department gust, Lieutenant Grattan, of the sixth infantry, department, at the date of the last returns, was as soon as their organization is completed. The was sent, by the commander of that post, with 1,654 officers and men. 6th infantry has been ordered to the department thirty men, to arrest an offender. This entire 5. The Department of the Pacific, embracing the of the Pacific. Six companies of the regiment detachment was massacred by the Indians, with State of California, and the Territories of Oregon, are concentrated at Jefferson barracks preparatory the exception of one man, who escaped severely Washington, and Utah, and a part of the Territo sailing for the Pacific by way of the Isthmus, wounded, and subsequently died. The circum- | tory of New Mexico. This department has a and two others, which were also under orders for stances of this affair were at first involved in much sea-board frontier of 1,500 miles, entirely unproJefferson barracks, have been sent to Fort Laramie obscurity, but authentic details have since proved tected by fortifications, except the works in progin consequence of the difficulties that recently oc- that the massacre was the result of a deliberately ress at San Francisco; an Indian and foreign curred in that vicinity. The remaining companies formed plan, prompted by a knowledge of the frontier of 1,600 miles, and more than 2,000 miles now at Forts Kearny and Laramie will be sent to weakness of the garrison at Fort Laramie, and by

of communications through the Indian country; their destination next spring, by the overland the temptation to plunder the large quantity of pub- an Indian population of 134,000, who are becomroutes, if a continuation of the Indian difficulties lic and private stores accumulated at and near that | ing formidable from concentration, from the acin that quarter should not interfere with this inten- post. The number of Indians engaged in this affair quisition of fire-arms, and a knowledge of their tion. The headquarters and two companies of the was between 1,500 and 2,000.

use. The force in this department is only 1,365 1st dragoons have been transferred to the depart- I regret that it has not been in the power of the officers and men; but, as heretofore mentioned, ment of New Mexico, and replaced in the depart- | Department to concentrate the troops in sufficient | they will be increased by an additional regiment ment of the West by four companies of the 20 force to prevent and, in all cases, to punish these ordered there. dragoons from New Mexico. The troops on the disorders. The circumstances of the service have To recapitulate: We have a sea-board and forIndian frontier of Florida have recently been rein- | been such, and the want of troops in all sections eign frontier of more than 10,000 miles; an Indian forced by two companies of artillery drawn from of the country so great, that the concentration | frontier, and routes through the Indian country, the Atlantic coast. Some other changes of minor would have exposed portions of the frontier to In- | requiring constant protection, of more than 8,000 importance have also been made, with the view of dian hostilities without any protection whatever. miles, and an Indian population of more than effecting a greater concentration of the troops. Every favorable opportunity will be taken to post | 400,000, of whom probably one half, or 40,000

The removal from Florida of the remnant of the troops in commanding positions from which warriors, are inimical, and only wait the opporthe Seminole tribe, who, in violation of the treaty, they can exercise a supervision of the Indian coun- tunity to become active enemies. If our Army have continued to occupy the southern part of try and operate to the best advantage. The events should be expanded to its greatest limit, it would that State, has received the constant attention of of the past year have furnished many examples of have à force of 14,731 officers and men; but, as the Department; but, from peculiar circumstances, the inefficiency of small posts. Our entire loss a large allowance must always be made for abthe efforts directed to this object have been at- in the several actions with the Indians during || sentees, invalids, &c., the effective force would tended with but little success. It is, however, the year has been four officers and sixty-three | probably never exceed 11,000. believed that better results may be anticipated in men killed, and four officers and forty-two men That this force is entirely inadequate to the the ensuing year. The troops have taken a line wounded.

purposes for which we maintain any standing of observation which greatly contracts the limits While the occurrences on our frontier, and in army, needs no demonstration; and I take occaof the territory occupied by the Indians; and it is the Indian territory present gratifying evidences sion again to urge the necessity of such immediate proposed to make expeditions through the region of the zeal and devotion of the troops, they also increase as will at least give some degree of secu. where they have hitherto remained securely con- furnish deplorable proofs of the insufficiency of rity to our Indian frontier. That, for this pur. cealed. By opening roads and by the use of boats our military force, and the absolute necessity of pose, a regular force is not only the efficient and adapted to the navigation of the lakes, swamps, | the increase, which it was my duty to urge in my cheap, but the proper and constitutional means, and bayous, which have heretofore enabled them last annual report. I again solicit attention to seems to me demonstrable, if not obvious. The to elude pursuit, (including a small steamer, as this subject, and in doing so must repeat, to some President is authorized to call out the militia to recommended by the quartermaster general,) the extent, what was then urged.

repel invasion, and suppress insurrection. These Department expects to acquire an accurate knowl- For military purposes, the territory of the are the emergencies for which it was deemed edge of the country, and to impress them with | United States is divided into five geographical proper to confer upon the Executive the power the conviction of their inability to escape from or commands.

io call citizens from their homes and ordinary resist, the power of the United States. Measures 1. The Department of the East, embracing all avocations, and these are the great occasions on have been taken to cut off their trade and to make the country east of the Mississippi river. This which they may be justly expected to make all them feel the great inconvenience which will attend | department has 2,800 miles of sea-board, 1,800 personal sacrifices which the safety of the country an attitude of defiance on their part towards this miles of foreign, and about 200 miles of Indian may require. It is in this view that we habitually Government. By these means it is hoped the frontier. Of the fifty permanent fortifications and and securely look to the militia as our reliance Indians may be peaceably removed to the home barracks on the Lake, Atlantic, and Gulf coasts, for national defense. It was not the design of provided for them west of the Mississippi, and now completed, or nearly so, and requiring garri- | the Constitution and laws to enable the President the claim of Florida to be relieved from their sons to protect the posts, cities, and national to raise and maintain a standing army, yet this presence to be speedily answered. Should this establishments which they cover, only eleven are would be the practicable effect of a power, at his hope not be fulblled, the measures above referred now garrisoned, leaving the remainder exposed discretion to call the militia into service, ard to are the proper and most efficient steps pre- to a sudden or unexpected attack from any naval employ them for the ordinary duty of preserving liminary to active operations for their removal by power. The total force in this department, at the order in the Indian territory. The abuse to force,

date of the last returns, was only 1,574 officers which such a power, if it were possessed, would In the other military departments the Indians and men, and of this number 500 are employed be subject, sufficiently attests the wisdom of our have repeatedly come into collision with our on the Indian frontier of Florida.

forefathers in not conferring it, and must remove troops. Depredations upon our frontier inhabit.

2. The Deparlment of the West includes the far from us any desire to possess it. ants and upon emigrants passing through the In. i country between the Mississippi river and the If this view of the subject be correct, it follows dian country have been, and are still, of frequent Rocky Mountains, except the departments of

that the Executive must look to the Army reguoccurrence.' In the department of the West, be- || Texas and New Mexico. It has a sea-board, || larly authorized by law to preserve police among sides the depredations committed by smaller tribes, foreign, and Indian frontier of 2,400 miles, 2,000 the Indian tribes, and to give that protection to hostilities have occurred with the Sioux Indians, miles of routes through the Indian country con- pioneer settlements, which interest, humanity, the most powerful and warlike tribe of the North- stantly traversed by emigrants on their way to and duty alike demand. The organization of the west. In Texas they have been so frequent, and Utah, New Mexico, and our possessions on the two new Territories, and the impulse given there

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