which the state of its various appropriations, and the amounts in the hands of agents, could be ascertained without resort to those kept by the treasury. The proper books were therefore provided, and a system devised, to supply this important defect; and now, the balance to the credit of any appropriation can be readily ascertained, and payments or advances made as the public service requires, or the means at the command of the department will admit. The adoption of this plan has enabled the department to ascertain and correct what it conceived to be a mischievous practice, viz: the undue accumulation of public funds in the hands of officers who act as disbursing agents. On the 31st of March, 1845, there was in the hands of pension agents alone, the sum of...... On the 31st of March, 1846, the sum of. 1849, the sum of. $1,041,495 79 681,786 84 950,918 25 748,900 37 948,475 80 As constituting this sum in part, the agents had, under some acts, enough money to meet their estimated demands for several years, and they were required to repay it into the treasury; which has been done, in the adjustment of their accounts. During the last fiscal year, advances have been made to pension agents, with strict reference to carefully prepared estimates of the amounts necessary to meet probable demands upon them, and by this course the amount in their hands has been reduced from $948,475 80 on the 31st of March, 1853, to $393,801 20 on the 30th of June last. No difficulty has existed in procuring agents to pay pensions. On the contrary, such offices are sought after with as much eagerness as others; and from the large amounts it has been heretofore customary for them to have on hand, it is not doubted but that they have been fully compensated for their services. The Mexican boundary survey is presumed to have been recommenced in the field, and no doubt was entertained of its completion, under the accomplished officer at its head, within the time and amount estimated, but recent intelligence from the commission has reached the department which may render a further appropriation necessary. An appropriation of $10,000 will be required to complete the maps and drawings of the previous survey. The whole estimate for this purpose was $20,000; but as $10,000 was all that could be economically expended during the fiscal year, that sum only was asked for. The boundary line between the United States and the British provinces in the northwest, as designated in the convention of June, 1846, deserves attention. That part, especially, which separates the Territory of Washington from the British possessions, should be traced and marked. As the British government is understood to be ready to co-operate, there should be no delay on our part. The Territory of Washington is in process of settlement, and difficulties have already arisen in regard to the extent of the rights of the Hudson's Bay and Puget's Sound Companies, and the interests of many of our citizens are being involved in the controversy. As yet, not very much value has attached to the country, and it is a question of moment whether it is not the wisest policy to settle these claims at once. They can probably be extinguished for a reasonable consideration: if so, it should be done. The Patent Office is in excellent condition; and the manner in which its affairs are conducted give universal satisfaction. Still, the character of the force, as now authorized by law, is not such as to attain the accomplishment of all that could be desired. By adopting a new arrangement, the result of urgent necessity, the Commissioner has despatched more than the usual amount of business. Instead of six principal examiners, with two assistants each, there have been, practically, since the first of April last, eleven principal examiners, each with one assistant. Thus, instead of the usual tedious delays, most of the work is up to date. Since the first of January last, there have been issued upwards of sixteen hundred patents; and within the year, the number will probably reach nineteen hundred, which will be about double the number issued during the last year. The arrangement by which this result has been produced was judicious, and has proved satisfactory to all parties interested. Several amendments to the patent laws were suggested last year. Those of most immediate and pressing necessity are, provision for taking testimony, appeals, and prescribing a new rate of fees. Many questions of great importance are frequently pending before the Patent Office, depending, for a correct decision, upon the testimony of witnesses, and there is no power provided of compelling them to give it. Nothing is more common than for a witness to refuse to attend an examination, or to give testimony after he has attended. The law now allows any person who appeals from the decision of the Commissioner of Patents to select which of the three judges of the circuit court of the District he chooses, before whom to bring his appeal. The chief justice of that court will probably never again be able to entertain an appeal, so that taking an appeal before him is tantamount to its postponement during the term of his natural life; and even after his death there may be some question whether the delay will be at an end. By such an abuse of the law a case has been suspended in this manner for nearly two years, and may be continued for an indefinite period. The rate of fees was fixed at a time when the real value of money was much greater, in proportion to its nominal value, than at the present time. The pay of the employés in the office has been much increased by Congress, and in various other ways its expenses have been largely augmented, whilst the fees have remained the same. In addition to this, the force of the bureau has been considerably increased, in order to dispose of the accumulation of business. From all these causes, the inevitable consequence has been, that during the current year the expenses of the office have been continually exceeding the revenue; and such will continue to be the case until the increase of the revenue shall have been provided for. Such a reorganization of the examining corps as will place all its members on a proper footing, is a subject worthy of consideration. The assistant examiners who are performing the duties of principal examiners may justly expect, at no distant day, the compensation attached to those duties and responsibilities. The Attorney General should be clothed with supervisory power over the accounts of the marshals, clerks, and other officers of the courts of the United States, now possessed by this department. It is germane to the other powers intrusted to him. A law department should, for many obvious reasons, be constituted. Properly organized, it would be very advantageous to the other departments of the government, and at the same time introduce many radical and salutary reforms in our judicial expenditure. The salaries of most of the judges of the district courts of the United States are inadequate. Their duties are arduous and important, and constantly increasing. The professional ability, knowledge, and qualities required for their faithful discharge, would insure a much larger compensation at the bar. In many of the districts the clerks and marshals, who perform comparatively little intellectual labor, are far better remunerated for their services. A respectable support should be given to men who cannot, on account of the positions they occupy, engage in any other profession or avocation. The preservation and perpetuity of our most valued institutions depend, to a great extent, on the purity, firmness, and independence of the judiciary, and these qualities should be nurtured and encouraged. Much ambiguity exists in the act of 1853 as to the discretionary power of the Secretary of the Interior over the expenditures of judicial officers, and for judicial purposes. In several instances judges have presented for allowance bills for law-books purchased by them, which were disallowed. The district attorneys have frequently asked that offices and furniture be provided for them, which has generally been refused, the rule being to allow office accommodations when, at particular places or in large cities, the government is compelled to make provision for the courts by renting buildings, and rooms can be spared without inconvenience, but not otherwise. In other cases, marshals have exceeded the limit prescribed by the statute in the purchase of furniture, where the assent of the Secretary of the Interior is made a condition precedent to the expenditure, and the department has refused to allow such accounts, on the ground that the prerequisite approval had not been obtained, and it was doubted whether he then had the power to legalize an act manifestly illegal. In all such cases it has been contended, by intelligent and experienced jurists and lawyers, that such allowances are proper, and that the power has been conferred on the department, and they feel aggrieved that it is not exercised. Not disposed in the slightest degree to wrong men whose opinions are entitled to so much weight, I hope Congress will, in the next appropriation for the expenses of the United States courts, indicate their opinion on the point in issue, and relieve it of all doubt in the future. Some time after I entered upon the discharge of my duties, I observed that many inquests were held in the city by the coroner, and found that the sum of $9,800 had, within the last four years, been drawn from the treasury to defray the expenses. Believing these expenditures to be unauthorized by law, I sought the advice of the Attorney General, who, in an elaborate opinion, having concurred with me, all further payments were discontinued. In June, 1853, on the question being presented, on appeal, I was of opinion that the clerk of the United States courts in this District was, by the 167th paragraph of the act of 1842, obliged, as other clerks, to make a report of his fees and emoluments, embracing those of the criminal court. As a contrary view had been taken by one of his predecessors, I submitted the question to the Attorney General, who, upon a thorough examination, came to the conclusion that such was his duty. From his reports, since made, after making large allowance for expenses, his fees and emoluments in the five years ending the 31st of December last were $29,986 48, being an excess of $12,486 48 over the maximum allowed by law, which will be refunded. There is not even a plausible pretext for his being made a solitary exception to a rule applying to the clerks of all the other United States courts. By existing laws, the costs of all criminal complaints made before the magistrates of this District, whether the complaint is sustained or not, are paid by the general government. This item, for the last fiscal year, amounted to upwards of $10,500. The power should surely be conferred upon the magistrate or court to compel the complainant to pay the costs in all cases where the magistrate or court may deem the prosecution unfounded, frivolous or malicious. This may be the means of preventing the institution of many prosecutions in which the public have no interest. The judicial expenses of the United States are largely on the increase. To some extent this is natural, and many causes contribute to it; but some exist which seem to be unnecessary, and should therefore be removed. A pre-eminent one is believed to be, the great number of terms and places at which courts are held. Two hundred and twenty-three terms of the United States courts (exclusive of the Territories) are held in eighty-eight different places during each year. In the western district of Virginia, courts are held at six different places; in the northern district of New York, at eight; in California, at six; in Louisiana, at six; and in Florida, at five. It is well to inquire whether the judicial business transacted justifies the expense in these and other instances. Were there but one or two places only, in each State, for holding the United States courts, there would be many obvious reasons in favor of constructing suitable buildings at those points for their exclusive use, so as to make them entirely independent of the State, county, or other local authorities; such buildings, and everything connected with the federal courts, being assimilated, as nearly as practicable, to those of the State courts. The accompanying report from the First Comptroller of the Treasury contains suggestions on this and other kindred subjects, which, emanating from such a source, deserve, and will no doubt receive, the proper consideration of Congress. In pursuance of the separate resolutions of the two houses of Con gress passed at the last session, the Superintendent of the Census has prepared, with much labor and ability, a compendium of the Seventh Census, and the required number of copies is ready for delivery. This has nearly exhausted the appropriation for census purposes, a small amount only remaining unexpended. The matters to which his attention was directed being completed, the Superintendent has tendered his resignation, to take effect in the course of the present month, and the office has been discontinued. Many public improvements are required in the District of Columbia, which can be constructed at this time without the expenditure being seriously felt by the treasury. In such a city, certain objects of magnitude are to be accomplished, which are beyond the reach of the citizens alone. Nothing can be lost by exhibiting a generous spirit of liberality, the more especially where important interests of the government are thereby promoted. The erection of fire-proof buildings is absolutely necessary for the safety and security as well as the convenience and accommodation of the State, War, Navy, and Interior Departments. No city can be more exposed than this to fire, and none are in possession of fewer means to extinguish it. When there is such a surplus lying dormant in the treasury, what good reason can be assigned for permitting millions of public property to be constantly exposed to imminent danger without an effort to protect it? The rents paid for additional buildings, although large, are trifling in comparison with the irreparable loss that would accrue from the occurrence of such a calamity. If the money is not thus expended, may it not be applied to purposes of less importance to the American people? The appropriations made for the present fiscal year for improving and ornamenting the public grounds were too small and too limited. With a view to the comfort, health, and beauty of the city, the admirable plan of Mr. Downing should be rapidly pressed to completion. It is impracticable to prosecute it vigorously without additional means. If liberal appropriations were made, as well as provision for the employment of a skilful and intelligent landscape gardener, all the public grounds might soon be made to assume a beautiful appearance. The portions cultivated and improved are certainly very creditable to the action and taste of Congress, but the remainder, in their present condition, are not only offensive to the eye, but well calculated to generate disease in the city. The force employed upon the public grounds should be differently organized and arranged. There should be a controlling spirit at the head, who would direct and distribute the subordinates and laborers; and the salaries of the officers, instead of being paid at the discretion. of the department, should be fixed by law. The lots in the city belonging to the general government are now sold by the Commissioner of Public Buildings, and the proceeds expended for the improvement of the streets, nothing going into the treasury. The propriety is suggested of selecting such as may be necessary for the public use, and turning over the balance to the city authorities, to be exclusively devoted by them to the purposes of education. This would relieve the department from all embarrassment |