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33D CONG....2D SESS.

table exhibits ten by collision, seventeen by fire, five from ice, twenty-three from snags, and states nineteen of them were lost from inattention and negligence, thirty-one from accident, one from being unseaworthy, and only two from unavoidable causes. This exhibit proves that much remains to be done, under the steamboat act, to secure capable and efficient officers on steam vessels for the preservation of life. These, and the recent losses upon the ocean, properly raise the question whether the law should provide greater security in the construction of steam-passenger vessels, or leave them as now to the ship-owners.

In my former report the attention of Congress was called to the inconvenience arising from the two sets of local inspectors-one under the act of 1838, and the other under the act of 1852-and the propriety of having but one set under the same superintendence. The regulations which the supervising inspectors are authorized to make should also have the approval of the Department, and its supervision in enforcing them.

The propriety of providing for supervising inspectors on the Pacific coast was also stated, and is again recommended. The attention of Congress is also called to the penalty for collision, under the act of 1838, which only applies to the destruction of life on the vessel the officer commands, and does not embrace the killing done on the other vessel.

There seems to be no express provision, in any act of Congress, that the records and papers of the several collectors of customs shall be public property, and left in the offices for the use of their successors; nor any provision making it a felony to make false entries in the collectors' books, or return false accounts to the Treasury. It has been customary in many of the districts for the outgoing collector to carry away the books and papers, on the pretense that they were private property, because purchased out of the emoluments of the collector, under the regulations of the Treasury. They have been declared, by a Treasury circular, the property of the United States, and directed to be preserved and handed over to the successor. The fact that these books were carried away was cause of suspicion as to the integrity of the collectors, and in four ports, to wit: Oswego, Cleveland, Toledo, and Milwaukie, where other strong circumstances strengthen the suspicion, investigations were instituted, with copies of the returns made to the Treasury, and the books and receipts of the importers in the United States and those in Canada examined. The accounts of the late collector at Oswego were ascertained to have suppressed duties, actually collected by him, to over $75,000; the collector at Cleveland to an amount almost of $115,000; the collector at Toledo to an amount of about $5,000; and the collector at Milwaukie to over $3,000. These are the first frauds of this description that have ever been brought to light. They are now presented to the consideration of Congress, for such additional legislation as may be deemed necessary. In the revision of the revenue laws prepared at this Department, under a resolution of the Senate, and now before that body, clauses have been inserted for the purpose of providing the proper remedy. There has been no revision of the revenue laws since the enactment of 1789. The necessity of a revision is respectfully urged upon the consideration of Congress.

In addition to the tables and reports hereinbefore particularly mentioned, various statements of exports and imports, a statement of the persons employed in the several collection districts, and a complete set of the circulars issued by this Department since the date of my former report, also accompany this.

The important interests confided to this Department require that the clerical force should be not only capable, but trustworthy in all respects. I find there has been great improvement in that force. In most cases, the best of those found in office were retained, and under the system of classification, when vacancies occurred, a rule was established to promote, for capacity and efficiency, from the lower to the higher classes, whilst the required examinations have secured more capable clerks for the first class. The rules of the office are strictly enforced, and there exists commendable industry, capacity, efficiency, and, it is believed, integrity, in the corps employed. The

Report of the Secretary of the Interior.

Department is being brought into good condition.

All which is respectfully submitted.
JAMES GUTHRIE,
Secretary of the Treasury

Report of the Secretary of the Interior.

DEPARTMENT OF THE INTERIOR,

December 4, 1854.

SIR: I have the honor to submit the usual annual report of the operations of this Depart

ment.

The business of the General Land Office has greatly increased, but has been conducted with vigor and ability.

The surveys of the public lands have progressed rapidly, and the necessary preparations, as far as the appropriations will permit, have been made for extending them into the new Territories.

The quantity of land in market has been largely augmented, and every facility given to the hardy pioneers to secure eligible and permanent homes.

The adoption of the graduation principle, introduced into the land system a novel and important feature, and stamped it with a, character almost entirely new. The labor, on the part of the Bureau, produced by it, is immense, and has involved the office in difficulties that cannot be easily or effectually surmounted without the further aid of Congress. The law may be so modified as to preserve its distinctive features; relieve its provisions from the uncertainty that now attaches to them, and, at the same time, more effectually accomplish the grand object to be attained. No doubt the intention was to aid and protect the actual settler, and not promote the schemes of mere speculators.

This being assumed, the law, according to the plausible construction of the latter, will be found lamentably defective. It could not have been enacted to subserve their interests at the expense of those seeking permanent residences, and yet, unless it be more strictly guarded, its provisions more clearly defined, and its objects more fully declared, it is feared such will be the result.

During the last fiscal year 11,070,935 acres have been surveyed, and 8,190,017 acres brought into market. Within the same period there were sold for cash.... 7,035,735.07 acres

And the amount received therefor.......$9,285.533 58 Located with military scrip and land warrants... Swamp lands selected for States..

3,416,802 26 " ....11,033,813.53

Selected on donations for roads, &c...

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1,751,963.19 66

Making a total of...........23,238,313.05 acres Exhibiting an increase of 5,952,240.17-100 acres over the previous year of lands sold for cash, and a sensible diminution in the amount located with scrip and land warrants, and selected for States.

The quantity of land sold during the second and third quarters of the present year, was about 5,436,538 acres, being an increase of about 3,826,619 acres (in cash of $3,642,496 44) on that of the corresponding quarters of the last year.

This extraordinary difference is owing to the remarkable advance in the price of real estate over the whole country, and to the operation of the law graduating the prices of the public lands.

The quantity of land granted to satisfy the warrants issued to soldiers of all our wars since 1790, amounts to 31,427,612 acres. To satisfy Virginia land warrants, scrip embracing 837,356 acres has already been issued, and the balance yet required is estimated at about 200,000 acres.

In my last annual report, donations of public lands for the construction of great leading highways in the new States, were recommended for reasons therein stated. Although nothing has since transpired to change or modify the views then entertained and advanced by the Department, yet it would be folly to attempt to conceal the fact, that through the popularity of the scheme, the apparent prospect of being able to prostitute it to mere purposes of gain has induced many projects which are totally unworthy of public confidence. It may, therefore, be difficult, under existing circum

SENATE & HO. OF REPS.

stances, to discriminate between those worthy of governmental aid, and those urged for mere speculative purposes. But if the application proceeds from the Legislature of the State in which the improvement is contemplated; and upon a thorough examination and rigid scrutiny it is found to be promotive of the development of the country, and the enhancement of the value of the adjacent lands, there can be no reasonable objection to the grant. By confining it to the land in the vicinity of the projected thoroughfare, restricting the amount at any time to be patented to the construction and completion of a given number of miles of road, and throwing such guards around the grant as legislative wisdom may devise, there can be little danger of the donation being improperly used.

The applications to Congress, at its last session, contemplated the construction of five thousand and fifty-six miles of road-exclusive of the great Pacific railroad and its branches-and assuming six sections to each mile of road, would have required in round numbers twenty millions of acres.

In compliance with the urgent solicitations of the representatives of the several portions of country where these contemplated improvements were to be made, large bodies of land, estimated at about thirty-one millions of acres, were withdrawn from market in anticipation of the grants being made, but this not having been done, the lands were restored to market immediately after the adjournment of Congress. The withdrawal of lands from market under such circumstances, was found on examination and reflection, obnoxious to several objections, viz: its effects in retarding the settlement of the country-its questionable propriety-the difficulty in discriminating between cases in which it should be done, and those in which it should not-and the injury that might be inflicted upon the section of country the proposed grant was intended to benefit, by turning the tide of emigration elsewhere. For these and many other equally obvious reasons, it was determined that there should hereafter be no reservations for such purposes until grants are actually made by Congress.

The Department would reiterate its recommendation, that officers connected with the survey and sale of the public lands be prohibited, under severe penalties, from becoming purchasers. Such is the general rule in regard to ordinary agents and auctioneers, and it is essential that it should be applied here-experience shows its absolute necessity.

After the passage of the act of 1850, granting the swamps and overflowed lands to the several States in which they lie, many of them were entered at the Government Land Office; and, now, the purchasers claim their patents, and are equitably entitled to them.

It is, therefore, recommended, that, with the concurrence of the respective States in which the lands are situate, the patents be issued, and that, where the land was sold for cash, the money be paid to the State in which the land lies; and, where it was located with scrip or land warrants, the proper State be authorized to enter the amount of land, so located, from the public lands in that State subject to private entry. As the lands belonged to the respective States, from the date of the act, this will be the most equitable, and, perhaps, satisfactory manner of setiling the difficulty. Some mode should be speedily devised to relieve the General Government, the States interested, and innocent purchasers from embarrassment.

It will be necessary again to extend the time for the completion of the work of the commission to ascertain and settle the private land claims in California. It expires on the 4th of March next; and, if the time is extended, it is desirable it should be done sufficiently early in the session to enable the Department to advise the commissioners to continue these labors. Notwithstanding the indefatigable exertions of the commissioners, their labors cannot, with a due regard to the public interests, be closed within the time allotted. The whole number of claims presented, is 813. Of these, 72 were adjudicated by the old board, which was constituted in September, 1851, and 325 by the new board, appointed in April, 1853. Of the 397 claims thus adjudicated, 294 were confirmed for 736 square leagues of land, and 103, covering 383 square leagues, rejected.

33D CONG....2d Sess.

Transcripts have been forwarded to the Attorney General, in 295 cases, and duplicate transcripts, in 202 cases, to the proper courts, as required by law.

The recorded depositions of witnesses, decisions of the board, original Spanish documents, translations, and the daily proceedings of the board, cover, in all, 6,749 pages, equal to about 41,492 folios. It is estimated that there is at least as much more of this kind of clerical work to be done.

I append hereto a copy of the most recent report received from the commissioners.

Since the new classification and reorganization of the Pension Bureau, it has been conducted with much order and regularity. There is no unnecessary delay in deciding the applications presented, and every attention is given them that can be desired.

The widows of seamen who die in service in time of peace, are entitled to pensions which are withheld from those of officers and soldiers of the Army. There is no reason for this distinction. It is supposed by some that a fund is raised for the purpose by the seamen themselves, when in service; but this is an error. Both stand upon the same footing, and have like claims-the pension being a gratuity in either case.

Report of the Secretary of the Interior.

A biennial examination of invalid pensioners, to detect fraud and prevent imposition, was recommended to the consideration of Congress, but not authorized. It is a remarkably striking fact, that of the large and entire number on the invalid pension roll-with, recently, two honorable exceptions-there appears never to have been any diminution of the disability; but frequently an increase. Besides, the Pension Bureau, crippled as it is for means, has discovered many instances in which palpable fraud has been perpetrated and gross deception practiced. As the imputation of guilt may fall upon the innocent, as well as the guilty, it does seem proper that authority should be given the Commissioner of Pensions, on satisfactory proof of the commission of such offense, to reduce the pension, where the disability has decreased, and to strike the name of the pensioner from the list, where it has ceased. The Commissioner may safely be clothed with this power; for, besides subserving the interests of the public, it will protect from unjust aspersion the honest and worthy pensioner.

The fact was before noticed that the pension act of 3d February, 1853, did not cover the cases of the widows of officers, non-commissioned officers, marines, and mariners, who served in the Navy during the revolutionary war. Congress, at its last session, overlooked it; and, as the omission The Department would again earnestly recomwas clearly accidental, it is proper it should be.mend a modification of the act of Congress limagain presented for consideration. iting, to two years, prosecutions for perjury and forgery committed in pension and land warrant cases. Why should the criminal escape, when the offense, owing to the ingenuity of the offender, is concealed until the time for his prosecution has elapsed? With all possible vigilance, this cannot be avoided. The cunning and duplicity of the persons engaged in the commission of such offenses is wonderful; still many have been detected through the watchfulness of the Pension Bureau. Up to the 30th of September last, thirty have been indicted; of whom eleven have been convicted, nine fled and forfeited their recognizances, one died, one committed suicide, two have eluded the officers, and six await trial. Others have not been prosecuted, owing to the limitation referred to; and, in several aggravated cases, the statute has been successfully pleaded. The pertinacity and success of the Pension Bureau, in pursuing the offenders, has perceptibly diminished the offense; and, with enlarged power, it may probably be totally checked.

Great irregularities exist in the pension laws, and in their operation. The evil is of so absurd a character, in many instances, as to be exceed ingly annoying and mortifying, as well as unjust. Of those that might be adduced, it is presumed that a single one will be sufficient to attract proper attention to the subject. A seaman, a marine, and a private soldier of the Army may be engaged in the same battle, and, all alike, totally disabled. The seaman, by existing laws, will receive three dollars, the marine six dollars, and the soldier eight dollars per month. The disability, and all the attending circumstances, being the same, there should be no such gross disparity

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There has been, within a few years past, a large increase in the aggregate amount of pensions paid, much of which is owing to the departure from the original design of the pension policy. The intention of its first projectors was to relieve the wants of those who, having served their country faithfully, and hazarded their lives and fortunes for its freedom and happiness, were destitute. Now, it has become general, and has been more and more enlarged every year, until it has grown into a stupendous systeni. At an early period of our history it was considered derogatory for any one, however meritorious, to accept the gratuity, even when tendered by the Government, unless in needy or indigent circumstances. different sentiment, however, has now obtained, and the purest, best, and most honorable of our citizens, do not refuse it. There can be no wellfounded objection to this, so long as the law remains as it is. But considering the small pittance (often, under existing laws, only one dollar and fifty cents or two dollars per month) doled out to the indigent soldier, his widow or minor children, it is a question worthy of consideration whether humanity does not demand that the system be so modified as at least to approximate the principle, established by its founders, to increase the amount bestowed upon those whose merits and circumstances entitle them to aid; and to give to them, if nothing more, such substantial relief as sound policy will permit. By adopting such plan, and cutting off all arrearages of pensions, the great evil of the system may be remedied.

The Third Auditor of the Treasury executes several acts of Congress, giving half pay for five years to widows and orphans of officers of the Army. These acts being of the same general character as others executed by the Commissioner of Pensions, and the same principles of construction applying to both, there is a manifest propriety in conferring the whole power upon the Pension Bureau, and thereby preserving uniformity in the decisions.

The limitation operates as an incentive, and is, in effect, a bounty to the ingenuity and cunning of the felon.

By examining the reports of the able and efficient Chief of the Pension Bureau, the necessity of a thorough revision of the pension laws will be apparent. Justice to those entitled to pensions, as well as sound policy and true economy, demand it. With a judicious, well arranged system, the Government could diminish the expenditure, give more satisfaction, and do a vast deal more good than is now practicable.

By the act of Congress, approved 3d March,
1853, this Department was authorized to desig-

nate three clerks of the fourth class to act as
disbursing clerks, and to allow each of them $200
additional as their services for such. With a
view, however, to concentrate the responsibilty,
and the better to preserve uniformity in the dis-
bursement of the public money, it was deemed
best to employ but one disbursing clerk, who,
with the aid of two or three assistants, of lower
grades, should constitute a financial division of
the Department, where the salaries of all the
officers of the Department and its Bureaus, and
all contingent and other bills should be paid, and
all requisitions drawn for the advance or payment
of public money. So far the plan has worked
admirably well, and it cannot fail to be highly
beneficial.

Prior to the commencement of the last fiscal
year (1st July, 1853) no ledgers or other books
had been kept in the Department, from which
the state of its various appropriations, and the
amounts in the hands of its agents could be as-
certained without resort to those kept at 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 ascer-
tained and payments or advances made, as the
public service requires, or the means at the com-
mand of the Department will admit. The adop-
tion of this plan has enabled the Department to
ascertain and correct what it conceived to be a

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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 March, 1853, to $393,801 20, on the 30th 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 constantly 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 cooperate, 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 Sound Companies, and the interests of many of our citizens are 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 gives 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 dispatched 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 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

33D CONG....2D SESS.

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 employees in the office has been much increased by Congress, and in various other ways its expenses have been largely aug. mented, 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 expenditures.

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

Report of the Secretary of the Interior.

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 one hundred and sixty-seventh paragraph of the act of 1842, obliged, as other clerks, to make 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 allowances for expenses, his fees and emoluments, in the five years ending the 31st 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 preeminent 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 districts 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 United States courts, there would be many obvious reasons in favor of constructing suitable buildings at these 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 Congress, 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

SENATE & HO. OF REPS.

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 skillful 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 in connection with them, prevent private individuals from obtaining them, on ex parte statements, for a mere trifle, and would benefit a most worthy class of people.

Under the appropriation of $15,000 for completing the Little Falls bridge, a contract has been entered into for erecting, on the stone abutment and piers already built, two spans of wooden bridge-in length three hundred and twenty feet. The plan adopted is known as "Howe's Truss," combined with arches, and the structure is to be capable of sustaining a test weight, or load, of one ton for every foot in length. To make it available for travel, an inclined timber roadway will be constructed to lead from the river bottom, which is dry at low water, up to the roadway of the bridge. This part is liable to be carried away by the spring freshets, but can be replaced at a comparatively small cost. The whole will be completed by the 15th instant. To finish the bridge as originally proposed, would, according to the estimate of the engineer in charge, cost $75,000 more. If appropriated, the Department will endeavor to expend it judiciously and with frugality.

The erection of the buildings for the national hospital for the insane has been prosecuted with great energy, and strictly with an eye to utility

33r CONG....2D SESS.

and economy. It was supposed that ere this it would have been ready to receive inmates; but, on reflection, it was concluded best to defer its occupancy until the erection of permanent appendages, which otherwise must have been temporary, and, in the end, far more expensive. The present intention is to receive the patients of the District, now under the care of the Maryland hospital, and Mount Hope institution, at Baltimore, on the first day of January next. It is probable the present edifice will be completely finished and in readiness for occupation on the 30th of June next. It will then accommodate eighty-five patients, with the usual proportion of officers, attendants, and servants. There are now twenty insane persons, belonging to the Army and Navy establishments, and fifty-three indigent insane in the Baltimore institutions, supported by the Government, and eleven are detained in jail in this city. So that it appears there are already eighty-four, who will be entitled to the benefits of this institution, according to its original design. It is conceived that no project can commend itself more favorably to the attention of Congress. To make it a model institution of its kind, should be the determined effort of the Government. This can be done, with the aid and experience of the present excellent superintendent, at a small cost, compared with our other public buildings and similar structures in many of the States.

The penitentiary of the District, although conducted with care and rigid economy, is considerably in debt.

In 1846, a special appropriation of $11,949 64 was made, in addition to the annual appropriation for its support, and to meet, as is supposed, the then existing indebtedness. It proved to be insufficient, however, for though the appropriation for the next ensuing year was about double the ordinary amount provided, an indebtedness is still reported to have existed, on the 31st December, 1847, of $1,055 15, which continued annually to augment until the present warden took charge of the Institution, on the 8th June, 1853, when it amounted to about $12,000. Collections and payments have been since made, which enabled him to reduce this indebtedness to about $7,000, which the institution has no means of paying, as no further collections can be confidently relied upon. Soon after the present warden was appointed, he was instructed to abandon the credit, and adopt the cash system; which has, thus far, had a salutary effect. He is now anxious that an appropriation should be made, to enable him to pay off the indebtedness for which he is in no wise responsible.

It is necessary to increase the number of guards and employees about the penitentiary, as the duties to be discharged are entirely too onerous for those now engaged. In 1849 there were forty convicts incarcerated in it, to guard whom there were nine persons, including the messenger. In 1853, there were one hundred convicts imprisoned, and only eight persons to guard them. That an additional number is requisite admits of no doubt.

In the increase of salaries to officers and clerks of the different Departments, by a late act of Congress, no notice was taken of the chief clerk of this Department, whose duties are as arduous, and of as important a character as those of the assistant secretaries of other Departments. These assistants receive each, $3,000 per annuin; he only $2,200. No such invidious distinction should exist between them. Justly appreciating the value of his services, I have no hesitation in recommending the increase of his compensation, and that he be made, ex officio, assistant secretary, in the absence of the Secretary from the Department.

Temporary clerks, when necessary, are employed, under the act of 26th August, 1842, and paid for every day of actual service. The act of 22d April last, requires their compensation to conform to that of regular salaried clerks performing similar duties. A modification of these laws is suggested, so that the temporary clerks shall, hereafter, be paid by the folio or piece, as in the Patent Office. This would tend to prevent partiality, and encourage and reward the expert, industrious, and experienced.

Within the year, fourteen treaties have been entered into with Indian tribes.

The most important have been concluded with

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Report of the Secretary of War.

the Omahas, Ottoes and Missourias, Sacs and Foxes of Missouri, Iowas, Kickapoos, Delawares, Shawnees, Kaskaskias, and others, Miamies, and the Menomonees. Vigorous efforts have been made and are still being made to execute in good faith all the provisions and stipulations to be performed on the part of the Government; and the Indians seem desirous of strictly conforming to their respective engagements. The appropriations to carry these treaties into complete effect, were made at so late a period that it was found impracticable to accomplish all that was designed. In these treaties the Government adopted a liberal policy towards the Indians, and if it is pursued and prosecuted efficiently it must lead to most beneficial consequences. The principal thing to be feared, is that the poor, ignorant, unlettered and inexperienced Indians may be brought into too close contact with the whites, which generally degrades them, because they seem inclined to contract their evil habits instead of imitating their virtues.

The annuities are abundantly sufficient for all legitimate purposes. A large portion of them should be devoted to the improvement of their moral condition. Ample provision should be made for educational purposes. The missionary establishments among them, which have been very successful in converting many to Christianity and reforming and civilizing them, should be fostered and encouraged.

There is a provision in some of these treaties of grave importance, and requires prompt attention. One of the stipulations with the Delawares, as well as Iowas, and the confederate band of Kaskaskias and others, requires that the lands ceded by them (except the Delaware outlet) shall, after survey, be offered at public sale and sold to the highest bidder; and such portions as may not be sold at public sale, shall be subject to entry, at one dollar and twenty-five cents per acre, for the term of three years, after which Congress may reduce the price of the residue unsold.

The expense of surveying, managing and selling the lands, is to be deducted from the proceeds of the sales, and the balance paid to the Indians. The Government is bound to preserve these lands from all such trespass and intrusion as will interfere with a bona fide compliance with this treaty stipulation. If, as is now the case, intruders occupy these lands, and more especially with a view of making permanent settlements, and effectually preventing the governmental authorities from executing this stipulation, they should be promptly ejected. The duty of the Government is clear, and justice to the Indians requires that it should be faithfully discharged. Experience shows that much is gained by sacredly observing our plighted faith with these poor creatures, and every principle of justice and humanity prompts to a strict performance of our obligations.

The better to protect the interests and promote the welfare of the Indian tribes between whom and the United States treaties exist, instructions have been given requiring the agents and subagents to reside within the limits of their respective districts, and to make, through their superintendents, periodical reports, in detail, of their operations.

Many of the Indian tribes are doing well, and their condition is daily improving, whilst others are rapidly deteriorating, and constantly assuming a more dissolute and degraded character. The aggregate number is fast diminishing, and some of the tribes, whose numbers in former days were large, and whose prowess was great, are now nearly extinct. Notwithstanding the unremitting efforts of the Department, it seems impossible effectually to prevent the introduction of ardent spirits amongst them. The facility with which the use is acquired, and the misery and destitution which are its inevitable consequences, are matters of deep concern and regret. The abolition of the system of cash payments, which is being accomplished as rapidly as practicable, will lessen the quantity consumed, as it directly interferes with the interests of the venders. The traders, who have on this account a most potent and controlling influence over the Indians, are generally opposed to the change in the mode of

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payment, and have seriously embarrassed the efforts made to effect it.

The crops of many of the tribes who have been induced to till and cultivate the soil have, from the continued drought, partially failed. As the quantity of breadstuffs and provisions usually produced afford, at best, but a scanty subsistence, their wants and necessities will be materially increased. As they may be exposed to much suffering during the coming winter, instructions have been given to reserve a portion of their annuities, to avert as far as practicable that calamity. Every effort will be made to relieve them; and it is expected the agents will not be remiss in faithfully discharging the duties incumbent upon them, under such peculiar circumstances.

The hunter tribes have lately exhibited more than their usual boldness and desperation. The limits of their hunting grounds are being rapidly reduced, and the buffalo and other game are fast diminishing; so that they are driven, by stern necessity, to theft or starvation. In consequence of this the frontier settlements and the emigration to California and Oregon have been much exposed and harassed. The military force at the command of the War Department is small, and, although active and vigilant, has not been able to give that protection to our citizens which is so much required.

Some are

Perhaps the only course that can be pursued to reclaim these tribes, and prevent their depredations upon their innocent, and, in many cases, defenseless victims, is, to make liberal appropriations for their colonization and civilization. Colonization was, many years ago, partially tested in California, and the recent trial, it is hoped, will prove successful. There is every reason to believe the plan a good one, if those intrusted with its execution have the proper aptitude and qualifications. Few possess the qualities necessary to the useful discharge of the duties of an Indian agent, and fewer still the properties required to carry out skillfully and successfully such a system. If this last hope fails, then extinction appears to be inevitable. Such should not be the destiny of this unfortunate race, if it can be averted by the power of this Government. impressed with the idea that the only successful way of treating them, and preserving the relations that should exist between them and the Government, is to chastise and punish them whenever they err, but, in my judgment, kind treatment, in most cases, will subserve a far better and more useful purpose, and eventually lead to more desirable results. The whites who mingle with, or live contiguous to them, are not always blameless. Often, to their mischievous conduct may be traced the most brutal and distressing depredations of these children of the forest. has operated wonderfully on some tribes, and why should it not succeed with others? Colonization might be attempted in the Territories of New Mexico, Utah, Oregon, Washington, and the country immediately east of the Rocky Mountains. The object should be two-fold: to domesticate and isolate them, as much as practicable, from the white settlements. The arts of civilized life should be introduced, and, if possible, a settled form of government established among them.

Kindness

To effect this, large appropriations would be requisite, but how could money be expended more charitably or appropriately than in this great cause of humanity?

I have the honor to be, very respectfully, your obedient servant, R. MCCLELLAND, Secretary.

The PRESIDent.

Report of the Secretary of War.

WAR DEPARTMENT, December 4, 1854. SIR: I have the honor to submit the following report of the operations of the Army for the past year; and to lay before you the reports of the Commanding General and of the Heads of the several Bureaus of the War Department.

The authorized strength of the Army (as now posted) is 14,216 officers and men, but the accompanying tables, prepared at the Adjutant General's office, show that at the date of the last returns the actual strength was only 10,745. This dif

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ference, however, between the authorized and actual strength of the Army is fast disappearing under the operation of the law of the 4th of August last to increase the pay of the rank and file of the Army, and to encourage enlistments."

The general distribution of the Army is nearly the same as shown in my last report. The most important changes will be briefly noticed. The 3d artillery has been reorganized since the wreck of the steamer San Francisco, and six companies sent to the Pacific, via the Isthmus of Panama. Two of the companies of that regiment and a detachment of recruits for companies of dragoons serving in the department of the Pacific have been sent by the overland route, for the purpose of exercising a salutary influence over the Indians inhabiting the country through which they will pass and holding to account the tribe implicated in the massacre of Captain Gunnison's party. They will winter in the Great Salt Lake Valley, and proceed to their destination in the spring. Six companies of the 2d infantry have been reorganized, and are now posted in the department of the West. The remaining companies of that regiment will be sent to the same department as soon as their organization is completed. The 6th infantry has been ordered to the department of the Pacific. Six companies of the regiment are concentrated at Jefferson barracks preparatory to sailing for the Pacific by way of the Isthmus, and two others, which were also under orders for Jefferson barracks, have been sent to Fort Laramie in consequence of the difficulties that recently occurred in that vicinity. The remaining companies now at Forts Kearny and Laramie will be sent to their destination next spring, by the overland routes, if a continuation of the Indian difficulties in that quarter should not interfere with this intention. The headquarters and two companies of the 1st dragoons have been transferred to the department of New Mexico, and replaced in the department of the West by four companies of the 2d dragoons from New Mexico. The troops on the Indian frontier of Florida have recently been reinforced by two companies of artillery drawn from the Atlantic coast. Some other changes of minor importance have also been made, with the view of effecting a greater concentration of the troops.

The removal from Florida of the remnant of the Seminole tribe, who, in violation of the treaty, have continued to occupy the southern part of that State, has received the constant attention of the Department; but, from peculiar circumstances, the efforts directed to this object have been attended with but little success. It is, however, believed that better results may be anticipated in the ensuing year. The troops have taken a line of observation which greatly contracts the limits of the territory occupied by the Indians; and it is proposed to make expeditions through the region where they have hitherto remained securely concealed. By opening roads and by the use of boats adapted to the navigation of the lakes, swamps, and bayous, which have heretofore enabled them to elude pursuit, (including a small steamer, as recommended by the quartermaster general,) the Department expects to acquire an accurate knowledge of the country, and to impress them with the conviction of their inability to escape from or resist the power of the United States. Measures have been taken to cut off their trade and to make them feel the great inconvenience which will attend an attitude of defiance on their part towards this Government. By these means it is hoped the Indians may be peaceably removed to the home provided for them west of the Mississippi, and the claim of Florida to be relieved from their presence to be speedily answered. Should this hope not be fulfilled, the measures above referred to are the proper and most efficient steps preliminary to active operations for their removal by force.

In the other military departments the Indians have repeatedly come into collision with our troops. Depredations upon our frontier inhabitants and upon emigrants passing through the Indian country have been, and are still, of frequent occurrence. In the department of the West, besides the depredations committed by smaller tribes, hostilities have occurred with the Sioux Indians, the most powerful and warlike tribe of the Northwest. In Texas they have been so frequent, and

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Report of the Secretary of War.

of so threatening a character, that it was considered necessary to authorize the commander of that department to call upon the Governor of the State, from time to time, as exigencies might arise, for such volunteer force as might be required to repel Indian incursions. In New Mexico serious hostilities were repressed by the prompt and energetic action of the troops employed there, but depredations upon the inhabitants are still of occasional occurrence; and in the department of the Pacific outrages of the most revolting character have recently been perpetrated on parties of emigrants on their way to California and Oregon. To repress such disorders, the troops have been actively and constantly employed; and in the arduous and harassing duties that have devolved on them, have exhibited a gallantry, zeal, and devotion that merit the favorable notice of the Government. The details of these operations will be found in the reports trans. mitted herewith.

During the past year, the Sioux Indians have committed many depredations upon the property of the emigrants passing Fort Laramie, on their route to Oregon and Utah. On the 19.h of August, Lieutenant Grattan, of the sixth infantry, was sent, by the commander of that post, with thirty men, to arrest an offender. This entire detachment was massacred by the Indians, with the exception of one man, who escaped severely wounded, and subsequently died. The circumstances of this affair were at first involved in much obscurity, but authentic details have since proved that the massacre was the result of a deliberately formed plan, prompted by a knowledge of the weakness of the garrison at Fort Laramie, and by the temptation to plunder the large quantity of public and private stores accumulated at and near that post. The number of Indians engaged in this affair was between 1,500 and 2,000.

I regret that it has not been in the power of the Department to concentrate the troops in sufficient force to prevent and, in all cases, to punish these disorders. The circumstances of the service have been such, and the want of troops in all sections of the country so great, that the concentration would have exposed portions of the frontier to Indian hostilities without any protection whatever. Every favorable opportunity will be taken to post the troops in commanding positions from which they can exercise a supervision of the Indian country and operate to the best advantage. The events of the past year have furnished many examples of the inefficiency of small posts. Our entire loss in the several actions with the Indians during the year has been four officers and sixty-three men killed, and four officers and forty-two men wounded.

While the occurrences on our frontier, and in the Indian territory present gratifying evidences of the zeal and devotion of the troops, they also furnish deplorable proofs of the insufficiency of our military force, and the absolute necessity of the increase, which it was my duty to urge in my last annual report. I again solicit attention to this subject, and in doing so must repeat, to some extent, what was then urged.

For military purposes, the territory of the United States is divided into five geographical commands.

1. The Department of the East, embracing all the country east of the Mississippi river. This department has 2,800 miles of sea-board, 1,800 miles of foreign, and about 200 miles of Indian frontier. Of the fifty permanent fortifications and barracks on the Lake, Atlantic, and Gulf coasts, now completed, or nearly so, and requiring garrisons to protect the posts, cities, and national establishments which they cover, only eleven are now garrisoned, leaving the remainder exposed to a sudden or unexpected attack from any naval power. The total force in this department, at the date of the last returns, was only 1,574 officers and men, and of this number 500 are employed

on the Indian frontier of Florida.

2. The Department of the West includes the country between the Mississippi river and the Rocky Mountains, except the departments of Texas and New Mexico. It has a sea-board, foreign, and Indian frontier of 2,400 miles, 2,000 miles of routes through the Indian country constantly traversed by emigrants on their way to Utah, New Mexico, and our possessions on the

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Pacific, and an Indian population of 180,000, a large proportion of whom are, in feeling, hostile to us, and many of them at this time actively so. The total force in the department, at the date of the last returns, was 1,855 officers and men.

3. The Department of Texas, nearly the whole of that State, has a sea-board frontier not yet protected by fortifications, of 400 miles, a foreign and Indian frontier of nearly 2,000 miles, and communications through the Indian country of more than 1,200 miles. The Indian population is estimated at 30,000, nearly all of whom are nomadic and predatory; and the western and northern frontiers of the State are exposed to constant inroads from the Indians in Mexico and the plains. The force in that department, at the date of the last returns, was 2,886 officers and men.

4. The Department of New Mexico. This department has an Indian and foreign frontier of 1,500 miles, communications through the Indian country of more than a thousand miles, and an Indian population of 50,000, a great portion of whom are bands who do not acknowledge the authority of the United States. The force in this department, at the date of the last returns, was 1,654 officers and men.

5. The Department of the Pacific, embracing the State of California, and the Territories of Oregon, Washington, and Utah, and a part of the Territory of New Mexico. This department has a sea-board frontier of 1,500 miles, entirely unprotected by fortifications, except the works in progress at San Francisco; an Indian and foreign frontier of 1,600 miles, and more than 2,000 miles of communications through the Indian country; an Indian population of 134,000, who are becoming formidable from concentration, from the acquisition of fire-arms, and a knowledge of their use. The force in this department is only 1,365 officers and men; but, as heretofore mentioned, they will be increased by an additional regiment ordered there.

To recapitulate: We have a sea-board and foreign frontier of more than 10,000 miles; an Indian frontier, and routes through the Indian country, requiring constant protection, of more than 8,000 miles, and an Indian population of more than 400,000, of whom probably one half, or 40,000 warriors, are inimical, and only wait the opportunity to become active enemies. If our Army should be expanded to its greatest limit, it would have à force of 14,731 officers and men; but, as a large allowance must always be made for absentees, invalids, &c., the effective force would probably never exceed 11,000.

That this force is entirely inadequate to the purposes for which we maintain any standing army, needs no demonstration; and I take occasion again to urge the necessity of such immediate increase as will at least give some degree of security to our Indian frontier. That, for this purpose, a regular force is not only the efficient and cheap, but the proper and constitutional means, seems to me demonstrable, if not obvious. The President is authorized to call out the militia to repel invasion, and suppress insurrection. These are the emergencies for which it was deemed proper to confer upon the Executive the power to call citizens from their homes and ordinary avocations, and these are the great occasions on which they may be justly expected to make all personal sacrifices which the safety of the country may require. It is in this view that we habitually and securely look to the militia as our reliance for national defense. It was not the design of the Constitution and laws to enable the President to raise and maintain a standing army, yet this would be the practicable effect of a power, at his discretion to call the militia into service, and employ them for the ordinary duty of preserving order in the Indian territory. The abuse to which such a power, if it were possessed, would be subject, sufficiently attests the wisdom of our forefathers in not conferring it, and must remove far from us any desire to possess it.

If this view of the subject be correct, it follows that the Executive must look to the Army regularly authorized by law to preserve police among the Indian tribes, and to give that protection to pioneer settlements, which interest, humanity and duty alike demand. The organization of the two new Territories, and the impulse given there

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