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The Secretary of the Treasury, to whom the Prc. Form of the power to transfer stock.
sident of the United States referred the resolu. know all men by these presents, that I
tion of the 29th of February, 1816, requesting of the state of a subscriber for
that there be laid before the House of Represenshares of the capital of the Bank of the Uniteil tatives, “ a statement of the cases in which he States, do hereby authorize and empower
has employed, or caused to be employed, coun. and -, or a majority of them, Commissioners sel to: assist the attorney-general prosecuting for superintending the Subscriptions at --- ia
causes in the supreme court of the United the State of in person, or by substitute, to
States; stating, as nearly as may be, the amount transfer, in due form of law, the funded debt of the property in dispute in each case, the names whereof the certificates are hereunto annexed to of the counsel so employed, the period of emthe president, diretors and company of the bank ploying them, and the compensation granted to of the United States, as soon as the bank shall be them in each case; also, the manner of making organized ; Provided always, That if in consc. such compensation, and the fund out of which quence of the apportionment of the shares in the the same was paid,” has the honor to present the capital of the said bank among the subscribers in following report : the manner by law directel, the said funded debt That it cappears to have been the practice of the shall be of a greater amount than shall be necessari gorernment to employ counsel to assist the attorney to complete the payments of the funded lebt general, and also the district attorneys, in cases of portion for the shares to be apportioned, only so great importance, either as to the principle or as much of the funded debt shall be transferred by to the value involved in the controversy. Thus, virtue of the power and authority hereby given as for example, so early ns Fohruary term, 1796, of shall be necessary to complete such payments.- the supreme court, Alexander Hamilton received Witness my hand and seal, this day of a fee of 500 dollars to assist the attorncy-general 1816.
in maintaining the affirmative upon the question Sealed and delivered 2
respecting the constitutionality of the carriage in the presence of
tas; and Alexander Campbell and Jared Ingersoll, N. B. The wording of the power must be chang-counsel inaintaining the negative, received a fce of ed when necessary, to meet the cases of sub-8233 33 cts. under an agreement, that for the scription by comp:mies, corporations or states.- || purpose of obtaining a final decision, the United And the parties should acknowledge the execu- States should pay all the expenses incident to the tion of the power before a magistrate, who will transfer of the cause from the circuit court to the certify the same under his hand and seal in the supreme court. usual form.
That on the 24th of March, 1804, in obedience SCHEDULE C.
to a resolution of the House of Representatives of Form of the Commissioners' receipt. the 3d of the same month, the secretary of the Received this day of July, 1816, from
treasury presented a statement “ of all the monies the sum of in coin, and the sum of in which, since the establishment of the present gofunded debt, being the amount of the first instal- || vernment, bad been paid at the treasury of the ment on shares subscribed to the capital of|| United States, as fees to assistant counsel, and for the bank of the United States; to be disposed of || legal advice in the business of the United States ; as the law provides.
in which were distinguished the several sums, when SCHEDULE D.
paid, for what services, and to whom paid respec. Form of a Prory.
tively,” amounting, in the whole, to the sum of I, -, being a stocklolder in the bark of the S5,022 16. United States, a citizen of the United States, actu- That the statement hercunto annexed, marked ally resident therein, to wit, at —, in the state A, contains a like specification of all the monies of do hereby nominate, constitute, and ap- paid, or payable at the treasury of the U. States, point of the state of —, as and for my at- from the 24th of March, 1804, until the present iomey and Agent, to vote as my proxy, at the time, for the employment of counsel to assist, or first election of directors, to be holden in pursui- to represent the attorney-general, in causes depend. ance of the act of Congress, entitled “An act to ing in the supreme court of the United States, incorporate the subscribers to the bank of the amounting, in the whole, to the sum of 4,540 dol. United States,” according to the number of shares lars. for which I should then be entitled to voic, were That this department does not possess the means I then personally present. Witnessmy hand and of stating the amount of the property in dispute, in scal, this - day of - 1816.
each case, in which assistant counsel has been em. Sealed and delivered 2
ployed in the supreme court; but it is confidently in the presence of 5
believeil, from general information, that in every N. B. The wording of the proxy should be such case, either the value of the property was changed, to meet the case of companies, corpora- great, or the principle of the controversy was im. tions, and States. And the execution of the portant, or the employment of assistant counsel, in proxy should be acknowledged before a magis- | the cases of sickness or other casualtics, was essentrate, who will certify it, under hand and seal, intial to the public interests, as will more particular. the usual form.
ly appear by the notes accompanying statcinent A.
That the manner of making the compensation to ATTORNEY GENERAL'S OFFICE, &c. the assistant counsel has uniformly been, by issuI transmit to the House of Representatives a re-l ing the warrants of the secretary of the treasury, port from the Secretary of the Treasury, comply- founded upon the official settlement of the comping with their resolutions of the 29th of February || troller and auditor; and by paying the amount, last.
JAMES MADISON. either out of the appropriation, annually passed March 22, 1816,
by congress, "for the discharge of such miscel
laneous claims against the United
States, not other. | plicitly understood, that he did not un. wise provided for, as shall have been admitted indertake to argue the causes of the United due course of settlement at the treasury;" or out States, during the current term, as it of the appropriations annually made for the dis would have been impracticable to read charge of such demands against the United States, the records, and to make the necessary on account of the civil department, not otherwise preparation. It was, therefore, an alterprovided for, as shall have been admitted in due native, either to postpone the public bucourse of settlement at the treasury."
siness until the next term, or to engage All which is respectfully submitted. the services of Mr. Pinkney, who had a
A. J. DALLAS, previous knowledge of the records. He
Secretary of the Treasury. || was accordingly engaged, and he procurTreasury Department, March 21, 1816. ed decisions in many important cases, be
sides giving a general attention to the inSTATEMENT A.
terests of the United States, throughout
19th March, 1805. the term. Mr. Pinkney's compensation Alexander James Dallas was employed to assist has not been paid at the treasury, but has the attorney-general in the supreme court, upon been credited in his account as minister the argument of the case of the U. States vs. the at the court of London. assignees of Blight, a bankrupt, for which he re
14th November, 1814. ceived a compensation of
John Law was employed to prepare the Note-In this case, the claim of a ge. statements of the cases depending before neral priority, for the satisfaction of
the supreme court at February term, debts due to the United States, occurred.
1814, for which he received a compensaThe amount in dispute was considerable,
440 00 but the principle involved was of much
Note.Mr. Pinkney having only undermore importance.-The attorney-general
taken to discharge the duty of counsel, it being indisposed, the assistant counsel ar
was necessary to engage Mr. Law's sergued the case alone.
vices in the solicitor's business. 1st January, 1813.
February Term, 1815. Alexander James Dallas was employed
Waller Jones was employed, on acto assist the attorney-general in the case count of the extreme indisposition of the of the French government schooner Ba
attorney general, to transact the business lou, (formerly the Exchange) and gene
of the United States in the supreme court rally in the business of the United States,
at February term, 1815, and a compensaat February 7, 1812, for which he receiv
tion has been authorized, but not yet paid, ed a compensation of 1,200 00 | of
1,000 00 Note. - The Balou was a public armed vessel of France, attached in the port of
$4,340 00 Philadelphia, by persons claiming her as their property. The case involved the
INDIAN DEPARTMENT. important question whether such an at: tachment would lie; and, on the remon.
REPORT OF THE SECRETARY OF WAN THEREON, strance of the minister of France, the
Department of War, March 18, 1816. President directed it to be brought before
In obedience to the resolution of the Senate, of the supreme court. Mr. Pinkney, the
the 24 of March, 1815, I have the honor to trans attorney-general, being recently appoint. mit the enclosed documents which exhibit the ed, requested, also, some general assis. general expenses of the Indian department, emtance in the business of the term, to pre
bracing annuities and presents; and the general vent delay. Mr. Dallas argued the case and particular views of the Indian trade, called of the Exchange, and ten other cases.
for by the resolution. 14th May, 1808.
Nos. 1, 2 and 3, exhibit the amount of annuities Walter Jones was employed to assist the due and payable, and the sums actually paid to the attorney-general in the supreme court, several Indian tribes within our limits; the preupon the argument of the case of the sents made to them, and the general expenses of United States vs the schooner Betsey and
the Indian department, during the four years preCharlotte. Wm. Yeaton, claimant, for
ceding the 3d of March, 1815. which he received a compensation of 200 00 In the sum exhibited as presents, is included a 7th February, 1814.
great quantity of provisions furnished the friendWilliam Pinkney having resigned the ly tribes during the war, who, on account of their office of attorney general, was employed attachment to the United States, were compelled as counsel to argue the cases of the Unit- to abandon their country, and take refuge within ed States depending in the supreme court our settlements. The same cause prevented their at February terin, 1814, for which he re- engaging in the chase, the principal source of ceived a compensation of
1,000 00 their supplies in times of peace. The embarNote.-Mr. Pinkney's resignation, tho' rassments produced by a state of war, prevented previously intimated, was not received the regular payment of the monied part of their until the term had commenced; and Mr. annuities, and in many cases rendered it impossiRush, who was appointed his successor, ble to discharge that portion which was payable in could not take the oath of office, under merchandise. This circumstance presented a his commission dated the 10th February, strong inducement to furnish them liberally with 1814, until the 12th of the 'same month.
those supplies which we had at command, and -- In accepting his appointment, it was ex- which were even more necessary to them than the merchandise which we were bound to furnish. || enable them to procure. This influence, skilfully It is, however, believed that these supplies bave directed for a series of years, cannot fail to introbeen swelled to an unreasonable amount, by ex. duce among them distinct ideas of separate protensive impositions, which have been practised | perty. These ideas must necessarily precede any upon the government, in the issue of provisions considerable advancement in the arts of civiliza to them, which renders it necessary to discontinue tion, and presuppose the institution of laws to se. the practice, or to devise new and suitable checks | cure the owner in the enjoyment of this individual to guard against their repetition.
property ; because, no man will exert himself to The statements marked from A to Z, exhibit procure the comforts of life, unless his right to the state of the fund set apart for Indian trade, I enjoy them is exclusive. during the four years preceding the 31st of March, The idea of separate property in things person. 1815. It appears from these statements, that al, universally precedes the same idea in relation from the commencement of the trade, to the 31st to land. This results no less from the intrinsic December, 1809, a loss of $44,538 36 had been difference between the two kinds of property, than incurred, and that during the period designated in from the different effects produced by human inthe resolution, the sum of $15,906 45 had been || dustry and ingenuity exerted upon them. The fæ gained, notwithstanding the loss of $43,369 61 ||cility of removing personal property from place to from the capture of several of the trading posts|place, according to the will or convenience of the by the enemy, during the war. These two items, || owner, gives to this species of property, in the forming the aggregate sum of $59,276 06, may be estimation of the huntsinan, a value superior to considered as the commercial profit of the ésta. Il property in lands, which his wants, as well as his blishment during that period, which would give an habits, compel him annually to desert for a consiannual profit of nearly $15,000. But the annual derable portion of the year. To succeed perfect. expenses paid out of the Treasury, in support of || ly in the attempt to civilize the aborigines of this the establishment, exceed $20,000, which
presents | country, the guvernment ought to direct their at. a specific loss of more than $5,000 annually. The tention to the improvement of their habitation, difference in the result of the management of this and the multiplication of distinct settlements. fund antecedent to the 31st of December, 1809, || As an inducement to this end, the different agents from that which is exhibited in these statements, || should be instructed to give them assurances, that during the four years preceding the 31st March, in any treaty for the purchase of lands from their 1815, is no doubt, in great degree, the effect of respective tribes, one mile square, including every the experience acquired by the prosecution of the separate settlement, should be reserved to the trade. It is probable, that a more intimate ac-settler, which should become a fee simple estate, quaintance with the nature of the commerce, a after the expiration of a certain number of years more skilful selection of the goods, and at the of actual residence upon, and cultivation of it. agents employed in vending them, and a consi- | Perhaps an additional reservation of a quarter or derable increase of the capital invested in it, will, balf section of land to each member of such fain a short time, produce a small and gradually in- | mily, would add to the inducements, not only to creasing profit, after defraying all the expenses make such separate settlements, but to the raising incident to the establishment, which are now pay-of a family. If measures of this kind were adoptable out of the public Treasury. Under the mosted by the government, and steadily pursued for a skilful management, the profits cannot be an induce series of years, while at the same time a spirit of ment for continuing the system now in operation. || liberality was exhibited in the commerce which we That inducement, if it exists at all, must be found carry on with them, success, the most complete, in the influence which it gives the government || might be confidently expected. But commerce with over the Indian tribes within our limits, by ad. our Indian neighbours, prosecuted only upon a ministering to their wants, increasing their com- contracted scale, and upon the principles of comforts, and promoting their happiness. The most mercial profit, would fend not only to diminish obvious effect of that influence, is the preserva-ll the influence of the government with them, but tion of peace with them, and among themselves. | could not fail entirely to alienate their affection The eschtsion of all intercourse between them from it. A period has arrived when the trade, and the whites, except those who have the per- | must be greatly extended, or entirely abandoned mission of the government, and over whose con- to individual enterprise. To reserve the trade in duct a direct control is exercised, has insensibly the hands of the government, whilst the wants of contributed to this desirable object.
the Indians are but partially supplied, would be The amelioration in their condition, desired by to make them feel its influence only in their pri. the government, has continued to advance, but in || vations and wretchedness. so slight a degree as to be perceptible only after The right of the British North-West Company a lapse of years. If the civilization of the Indian to participate in this trade, independent of the will tribes is considered an object of primary import of the government, is now at an end. The settleance, and superior to that of rapidly extinguish- || ment of the lands ceded by the Creeks, in 1814, ing their titles, and settling their lands by the will esclude the southern tribes from all interwhites, the expediency of continuing the system course with the Spanish ports in the Gulf of Flonow in operation, under such modifications as have || rida. The preservation of peace with those tribes, been suggested by the experience already acquir. | as well as the execution of the plans, which may be ed, appears to be manifest. The success of such devised for their civilization, require that this inan experiment requires the exercise of all the intercourse should not be renewed. The great disAuence which the annual distribution of annuities tance of some of the tribes in the north-west terand presents, aided by that which must flow from ritory, and in the northern regions of Louisiana, a judicious supply of all their wants, in exchange from the settled parts of the United States, will for those articles which the chase, and the increas. || probably make it necessary to permit the British ing surplus of their stock of domestic animals will || merchant, from Canada, to participate in the com.
merte of those tribes, until more accurate infor- || payment of annuities to the various Indian tribes mation is obtained as to their situation and numbers, within the United States, a new species of juris. their wants, and their capacity to pay for articles || prudence has sprung up, which operates as a heaof the first necessity. As this knowledge is gra. I vy tax upon the time of the Secretary of War. dually acquired, and the mode of conducting All losses of property by American citizens the trade better understood, the exclusion of from the robberies, thefts, and depredations of foreigners from all participation in it may be safe. I those tribes, are to be remunerated out of the anly effected. If the trade is to be continued in the nuities payable to them. The evidence in all these hands of the government, the capital ought to be cases, is extra-judical, and requires the examina. increased to 500,000 dollars. The exclusion from tion and approbation of the Secretary before re. all commercial intercourse with the ports in the muneration can be made. The presents which Gulf of Florida, and the necessity of extending our are made to them, the allowances to artificers set. trading establishments further to the west and the tied among them by the government; in fact, north, with a view to the ultimate exclusion of every disbursement of money connected with the foreign participation in it, forcibly suggest the Indian departments except in the prosecution of propriety of such an increase. This capital will trade with them, has to receive the special sancprobably be found greatly below what is necessary || tion of the head of this department. The duties to supply the wants of the various tribes within our incumbent on this officer, resulting from the conlimits. The deficiency, it is believed, will be sup-|| trol of the Indian department are so multifarious, plied by the north-west company, and by indivi- | so impossible to be reduced within general regu. dual enterprise. At present, the governors of our || lations, that a considerable portion of his time is territories are compelled to give licenses to trade necessarily devoted to them. with the Indians, to every person who can give The organization of the accountant's office is security. The power of rejecting the application, such as to render it imposible for that officer, by on account of the character of the applicant, ap- || any human exertion, promptly to despatch the hupears to be necessary: If the licensed traders | siness which has been accumulating from year to were compelled to take an oath to observe the year until the mass has become so imposing as to laws regulating Indian trade, it might aid in cor- render the legislative aid indispensably necessary recting the abuses, especially in vending spiritu- to correct the evil. ous liquors, which have too generally been prac- The creation of a separate and independent detised by them. It is deemed expedient to esta- partment, to which all the Indian accounts, includblish a depot of merchandise at St. Louis, or its ing those which are still settled in the accounvicinity, under the direction of a deputy superin-| tant's office will not supersede the necessity of tendent, who should bave power, in addition to sup. | modifications in the organization of that office. plying the regular and established trading houses, || The changes which are deemed necessary to ento deliver to persons of good moral character, who sure the prompt settlement of the accounts of should be able to give security, any quantity of the War Department, are respectfully submitted to goods not exceeding 10,000 dollars, for which pel- the Senate in paper marked, A. 2. tries, and other articles of Indian commerce, should If a new department be formed, much of the be received in payment at a fair price and at fix- | miscellaneous duties now belonging to the Departed periods; or, that they should be sold by the ment of State, ought to be transferred to it. The superintendent, on account of the purchaser. In changes which ought to be made, in this regard, the latter case, a premium equal to the use and will obtrude themselves upon the attention of the the risk of the capital, should be added to the Senate whenever the subiect shall be considered. price of the goods. This, as well as several other It is believed, that at the present moment, no important ideas, are more fully developed in the plan can be devised for carrying on the Indian communication of governor Edwards, and of the trade, that will be equally advantageous to the superintendent of Indian trade, which are here- Indians, although it may be more economical to with communicated, marked R. and Z. Z.
the public.-This opinion is founded, in a consi. In compliance with that part of the resolution derable degree, upon the fact that those who have which requires my opinion of the expediency of a competent knowledge of the manner in which vesting the general management of Indian affairs this trade must be prosecuted, to be successful, in a separate and independent department, I have are destitute of the capital necessary for the prothe honor to ştate, that an arrangement of that secution to the extent demanded by the wants of nature appears to me to be highly proper, if the the Indians. The capital of those parts of the commerce of those nations is to be retained in the union where those persons are to be found, is not hands of the government. The only rational prin- | sufficient for the purposes of commerce among ciple upon which it is considered necessary to themselves. It is exposed to no risk, and the pro. place the Indian trade under the control of the fit is great ; consequently it will not be employed war department, is the necessity of relying upon it in commerce with the Indians. The risks to u hich for the small military force which has hitherto been capital will be subject, when placed in the hands stationed at the different trading posts which have of these enterprising traders, as well from their been established. This countenance and support casual want of integrity as from the robberies and could be given to the Department to which it might | thefts of the Indians, will prevent the capitalists of be confided, with the same facility as if it still re- the commercial cities from supplying them with the mained subordinate to the Department of War. || means of engaging in this commerce. The proThe accounts of the superintendent of Indian trade, || position to establish a depot at some point about are now returned to the Treasury Department, to the mouth of Missouri, for the purpose of supplywhich, so far, the superintendent is accountable. || ing those who will be able to give sufficient secuThe accounts of the agents of the government for rity with such an amount of goods as will enable the several tribes in amity with us, are still return them to prosecute the trade to advantage, will, in ed and settled in the War Department, From thella series of years, produce a number of persotis
FROM THE RICHMOND EXQUIRER.
skilled in the manner of carrying it on successfully,,, supplies, and shall neglect or fail satisfactorily to and create a capital in their hands, which will be account and settle for all deficiencies after three probably continued in that channel, and eventual-month's notice of this order, or who may hereafly justify the government in leaving it under
judi- ter neglect to make such returns regularly and cious regulations, which experience will not fail to correctly, according to the forms and at the times suggest, entirely to individual enterprise. These views are substantially founded upon the the service.
prescribed for that purpose, shall be dismissed conviction, that it is the true policy and earnest By order of the Secretary of War, desire of the government to draw its savage
D. PARKER, neighbors within the pale of civilization. If I am
Adj't. and Insp. Gen. mistaken in this point-if the primary object of the government is to extinguish the Indian title, and settle their lands as rapidly as possible, then commerce with them ought to be entirely abandon
INTERESTING. ed to individual enterprise, and without regula. | To the Militia Officers of the State of Virginia, tion. The result would be continual warfare, at.
who were in the service of the United States tended by the extermination or expulsion of the during the late war. aboriginal inhabitants of the country, to more dis
Genilemen–I have the pleasure to inform you, tant and less hospitable regions. The correctness that the Secretary of War has lately decided, that of this policy cannot, for a moment, be admitted. || all Militia Officers, who were in the service of the
The utter extinction of the Indian race, must be United States at any time during the late war, and abhorrent to the feelings of an enlightened and who were not furnished with a transportation of benevolent nation. The idea is directly opposed baggage by the United States, from the place of to every act of the government, from the declara- | their discharge to the place of battalion or regition of independence, to the present day. If the mental rendezvous, shall receive a compensation system already devised, has not produced all the in lieu thereof, equal to the allowance inade to effects which were expected from it, new experi- officers of the regular army. This decision, homents ought to be made. When every effort to in- | norable to the secretary, and just to the militia oftroduce among them ideas of separate property, ficers, made in the spirit of the laws and regulaas well in things real as personal, shall fail, let in- tions concerning the army, and subverting a distermarriages between them and the whites, be en- || tinction between the respective corps, which was couraged by the gorernment. This cannot fail to repugnant to every principle of a liberal policy, preserve the race, with the modifications necessa- will, in some dlegree, remunerate you for a part of ry to the enjoyment of civil liberty and social hap- the extraordinary expenses you were subject piness. It is believed, that the principles of hu.
to by the wants of those you commanded, and manity in this instance, are in harmonious concert whom the government were unable to furnish with with the true interests of the nation. It will re
pay they were entitled to, at the season it was dound more to the national honor, to incorporate, most wanted. For the purpose of giving to this by a humane and benevolent policy, the natives of information the most extensive circulation, I have our forests in the great American family of free-requested the editor of the Enquirer to give my men, than to receive, with open arms, the fugitives letter an insertion in his paper. of the old world, whether their flight has been the Very respectfully, your most obed't servant, effect of their crimes or their virtues.
J. G. JACKSOX, of Va. I have the honor to be, respectfully, your most
Washington City, 20th April. obedient and humble servant,
FROX POULSON'S PHILADELPHIA GAZETTE. WM. H. CRAWFORD, Hon. John Gaillard, Pres't. pro tem of the Senate of the U. Stats. Correspondence between Thomas Jefferson and Geo.
Logan, on the public affairs of the United States. Adjutant and Inspector General's Office,
MONTICELLO, Oct. 15, 1815. May 10, 1816. Dear Sir-I thank you for the extract in your's GENERAL ORDER.
of August 16, respecting the emperor Alexander. By an act passed March 3, 1816, " to provide | It arrived here a day or two after I had left this for the supplies of the army, and for the accounta- place, from which i have been absent 7 or 8 bility of persons entrusted with the same,” it is weeks. I had, from other information, formed madle the duty of the Superintendent General of the most favourable opinion of the virtues of Alex. Military Supplies to keep accounts of all sup- || ander, and considered his partiality to this counplies, of every description, purchased or distributo try, as a prominent proof of them. The magnaed for the use of the army, and of the volunteers | nimity of his conduct on the first capture of Paand militia in the service of the United States, to ris, still magnified every thing we had believed of prescribe the forms of all returns and accounts of | him ; but how he will come out of his present such stores and supplies purchased, on hand, dis- trial remains to be seen. That the sufferings tributed, used or sold by officers, agents or per which France had inflicted on other countries, sons who shall have received, distributed, or been justified severc reprisals, cannot be questioned entrusted with the same ; and it is further made but I have not yet learned, what crimes of Poland, the duty of all officers, agents, or persons who | Saxony, Belgium, Venice, Lombardy, and Genoa, shall have received, or may be entrusted with sup- had merited for them, not merely a temporary plies of any description whatever, for the use of punishment, but that of permanent subjugation, the military service, to render quarterly accounts and a destitution of independence and self-governof the disposition and state of all such stores and ment. The fable of Æsop of the Lion dividing supplies to the Superintendent aforesaid. the spoils, is, I fear, becoming true history, and
The President is pleased to direct that any offi- the moral code of Napoleon and the English goCET of the army who may be accoumtable for such || vernment, a substitute forthat of Grotius, of Puffen