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VOL. I.]

HEDULE B.

Form of the power to transfer stock. Know all men by these presents, that I a subscriber for of the state of

the State of

ia

shares of the capital of the Bank of the United
States, do hereby authorize and empower
and, or a majority of them, Commissioners
for superintending the Subscriptions at
in person, or by substitute, to
transfer, in due form of law, the funded debt
whereof the certificates are hereunto annexed to
the president, diretors and company of the bank
of the United States, as soon as the bank shall be
organized; Provided always, That if in conse-
quence of the apportionment of the shares, in the
capital of the said bank among the subscribers in
the manner by law directed, the said funded debt
shall be of a greater amount than shall be necessary
to complete the payments of the funded debt
portion for the shares to be apportioned, only so
much of the funded debt shall be transferred by
virtue of the power and authority hereby given as
shall be necessary to complete such payments.-
Witness my hand and seal, this
1816.

Sealed and delivered?

in the presence of

day of

,

183

The Secretary of the Treasury, to whom the Pre-
sident of the United States referred the resolu-
tion of the 29th of February, 1816, requesting
that there be laid before the House of Represen-
tatives," a statement of the cases in which he
has employed, or caused to be employed, coun-
sel to assist the attorney-general prosecuting
causes in the supreme court of the United
States; stating, as nearly as may be, the amount
of the property in dispute in each case, the names
of the counsel so employed, the period of em-
ploying them, and the compensation granted to
them in each case; also, the manner of making
such compensation, and the fund out of which
the same was paid," has the honor to present the
following report :

That it appears to have been the practice of the government to employ counsel to assist the attorneygeneral, and also the district attorneys, in cases of great importance, either as to the principle or as to the value involved in the controversy. Thus, for example, so early as February term, 1796, of the supreme court, Alexander Hamilton received a fee of 500 dollars to assist the attorney-general in maintaining the affirmative upon the question respecting the constitutionality of the carriage tax; and Alexander Campbell and Jared Ingersoll,

N. B. The wording of the power must be chang-counsel maintaining the negative, received a fee of ed when necessary, to meet the cases of subseription by companies, corporations or states.And the parties should acknowledge the execution of the power before a magistrate, who will certify the same under his hand and seal in the usual form.

SCHEDULE C.

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Form of the Commissioners' receipt. Received this day of July, 1816, from the sum of , in coin, and the sum of funded debt, being the amount of the first shares subscribed to the capital of the bank of the United States; to be disposed of as the law provides.

ment on —

SCHEDULE D.

Form of a Proxy.

$233 33 cts. under an agreement, that for the purpose of obtaining a final decision, the United States should pay all the expenses incident to the transfer of the cause from the circuit court to the supreme court.

That on the 24th of March, 1804, in obedience to a resolution of the House of Representatives of the 3d of the same month, the secretary of the treasury presented a statement "of all the monies in which, since the establishment of the present goinstal-vernment, had been paid at the treasury of the United States, as fees to assistant counsel, and for legal advice in the business of the United States; in which were distinguished the several sums, when paid, for what services, and to whom paid respectively," amounting, in the whole, to the sum of $5,022 16.

being a stockholder in the bark of the|| United States, a citizen of the United States, actuSally resident therein, to wit, at, in the state of, do hereby nominate, constitute, and apas and for my atpoint, of the state of torney and Agent, to vote as my proxy, at the first election of directors, to be holden in pursuance of the act of Congress, entitled "An act to incorporate the subscribers to the bank of the United States," according to the number of shares for which I should then be entitled to vote, were Witnessmy hand and I then personally present. seal, this day of -, 1816.

That the statement hereunto annexed, marked A, contains a like specification of all the monies paid, or payable at the treasury of the U. States, from the 24th of March, 1804, until the present time, for the employment of counsel to assist, or to represent the attorney-general, in causes depending in the supreme court of the United States, amounting, in the whole, to the sum of 4,540 dollars.

That this department does not possess the means of stating the amount of the property in dispute, in each case, in which assistant counsel has been employed in the supreme court; but it is confidently Sealed and delivered believed, from general information, that in every in the presence of 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 imAnd the execution of the portant, or the employment of assistant counsel, in tions, and States. 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 particularly appear by the notes accompanying statement A. That the manner of making the compensation to the usual form. the assistant counsel has uniformly been, by issuATTORNEY GENERAL'S OFFICE, &c. I transmit to the House of Representatives a re-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.

March 22, 1816,

JAMES MADISON.

either out of the appropriation, annually passed by congress, "for the discharge of such misce!

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19th March, 1805. Alexander James Dallas was employed to assist the attorney-general in the supreme court, upon the argument of the case of the U. States vs. the assignees of Blight, a bankrupt, for which he received a compensation of $500 00

Note-In this case, the claim of a general priority, for the satisfaction of debts due to the United States, occurred. The amount in dispute was considerable, but the principle involved was of much more importance.-The attorney-general being indisposed, the assistant counsel argued the case alone.

1st January, 1813. Alexander James Dallas was employed to assist the attorney-general in the case of the French government schooner Balou, (formerly the Exchange) and generally in the business of the United States, at February 7, 1812, for which he received a compensation of

Note. The Balou was a public armed vessel of France, attached in the port of Philadelphia, by persons claiming her as their property. The case involved the important question whether such an attachment would lie; and, on the remon strance of the minister of France, the President directed it to be brought before the supreme court. Mr. Pinkney, the attorney-general, being recently appoint. ed, requested, also, some general assis tance in the business of the term, to prevent delay. Mr. Dallas argued the case of the Exchange, and ten other cases.

Walter Jones was employed to assist the attorney-general in the supreme court, upon the argument of the case of the United States vs. the schooner Betsey and Charlotte. Wm. Yeaton, claimant, for which he received a compensation of

7th February, 1814. William Pinkney having resigned the office of attorney general, was employed as counsel to argue the cases of the United States depending in the supreme court at February term, 1814, for which he received a compensation of

Note. Mr. Pinkney's resignation, tho' previously intimated, was not received until the term had commenced; and Mr. Rush, who was appointed his successor, could not take the oath of office, under his commission dated the 10th February, 1814, until the 12th of the same month. -In accepting his appointment, it was ex

440 00

REPORT OF THE SECRETARY OF WAR THEREON, Department of War, March 18, 1816. In obedience to the resolution of the Senate, of the 2d of March, 1815, I have the honor to trans mit the enclosed documents which exhibit the general expenses of the Indian department, embracing annuities and presents; and the general and particular views of the Indian trade, called. for by the resolution.

Nos. 1, 2 and 3, exhibit the amount of annuities due and payable, and the sums actually paid to the several Indian tribes within our limits; the presents made to them, and the general expenses of the Indian department, during the four years preceding the 3d of March, 1815.

In the sum exhibited as presents, is included a great quantity of provisions furnished the friendly tribes during the war, who, on account of their attachment to the United States, were compelled to abandon their country, and take refuge within our settlements. The same cause prevented their engaging in the chase, the principal source of 1,000 00 their supplies in times of peace. The embar

rassments produced by a state of war, prevented the regular payment of the monied part of their annuities, and in many cases rendered it impossible to discharge that portion which was payable in merchandise. This circumstance presented a strong inducement to furnish them liberally with those supplies which we had at command, and 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 have 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 discontinuetion, and presuppose the institution of laws to sethe 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 procure the comforts of life, unless his right to enjoy them is exclusive.

The statements marked from A to Z, exhibit the state of the fund set apart for Indian trade, 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 fa gained, notwithstanding the loss of $43,369 61cility 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 esta-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 perfectexpenses 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 ata 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 of 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, half 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 inducement for continuing the system now in operation. That inducement, if it exists at all, must be found in the influence which it gives the government over the Indian tribes within our limits, by administering to their wants, increasing their comforts, and promoting their happiness. The most obvious effect of that influence, is the preservation of peace with them, and among themselves. The exclusion of all intercourse between them and the whites, except those who have the permission of the government, and over whose conduct a direct control is exercised, has insensibly contributed to this desirable object.

series of years, while at the same time a spirit of liberality was exhibited in the commerce which we carry on with them, success, the most complete, might be confidently expected. But commerce with our Indian neighbours, prosecuted only upon a contracted scale, and upon the principles of commercial profit, would tend not only to diminish the influence of the government with them, bu could not fail entirely to alienate their affection from it. A period has arrived when the trade, must be greatly extended, or entirely abandoned to individual enterprise. To reserve the trade in the hands of the government, whilst the wants of the Indians are but partially supplied, would be to make them feel its influence only in their pri vations and wretchedness.

The amelioration in their condition, desired by the government, has continued to advance, but in 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 whites, the expediency of continuing the system now in operation, under such modifications as have been suggested by the experience already acquir ed, appears to be manifest. The success of such an experiment requires the exercise of all the inAnence which the annual distribution of annuities and presents, aided by that which must flow from a judicious supply of all their wants, in exchange for those articles which the chase, and the increasing surplus of their stock of domestic animals will

will exclude the southern tribes from all intercourse with the Spanish ports in the Gulf of Florida. The preservation of peace with those tribes, as well as the execution of the plans, which may be devised for their civilization, require that this intercourse should not be renewed. The great distance of some of the tribes in the north-west territory, and in the northern regions of Louisiana, from the settled parts of the United States, will probably make it necessary to permit the British merchant, from Canada, to participate in the com

payment of annuities to the various Indian tribes
within the United States, a new species of juris
prudence has sprung up, which operates as a hea-
vy tax upon the time of the Secretary of War.
All losses of property by American citizens
from the robberies, thefts, and depredations of
those tribes, are to be remunerated out of the an-
nuities payable to them. The evidence in all these
cases, is extra-judical, and requires the examina-
tion and approbation of the Secretary before re-
muneration can be made. The presents which
are made to them, the allowances to artificers set-
tled among them by the government; in fact,
every disbursement of money connected with the
Indian departments except in the prosecution of
trade with them, has to receive the special sanc-
tion of the head of this department. The duties
incumbent on this officer, resulting from the con-
trol of the Indian department are so multifarious,
so impossible to be reduced within general regu
lations, that a considerable portion of his time is
necessarily devoted to them.

The organization of the accountant's office is such as to render it imposible for that officer, by any human exertion, promptly to despatch the business which has been accumulating from year to year until the mass has become so imposing as to render the legislative aid indispensably necessary to correct the evil.

merce of those tribes, until more accurate information is obtained as to their situation and numbers, their wants, and their capacity to pay for articles of the first necessity. As this knowledge is gra dually acquired, and the mode of conducting the trade better understood, the exclusion of foreigners from all participation in it may be safely effected. If the trade is to be continued in the hands of the government, the capital ought to be increased to 500,000 dollars. The exclusion from all commercial intercourse with the ports in the Gulf of Florida, and the necessity of extending our trading establishments further to the west and the north, with a view to the ultimate exclusion of foreign participation in it, forcibly suggest the propriety of such an increase. This capital will probably be found greatly below what is necessary to supply the wants of the various tribes within our limits. The deficiency, it is believed, will be sup-|| plied by the north-west company, and by individual enterprise. At present, the governors of our territories are compelled to give licenses to trade with the Indians, to every person who can give security. The power of rejecting the application, on account of the character of the applicant, appears to be necessary. If the licensed traders were compelled to take an oath to observe the laws regulating Indian trade, it might aid in correcting the abuses, especially in vending spirituous 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 have power, in addition to sup-modifications in the organization of that office. plying the regular and established trading houses, to deliver to persons of good moral character, who should be able to give security, any quantity of goods not exceeding 10,000 dollars, for which peltries, 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 subject 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 consiIn 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 yesting 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 state, 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 proplace 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 which 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 the a series of years, produce a number of persons

||

The changes which are deemed necessary to ensure the prompt settlement of the accounts of the War Department, are respectfully submitted to the Senate in paper marked, A. Z.

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 hereaf ly 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. prescribed for that purpose, shall be dismissed the service. By order of the Secretary of War, D. PARKER,

Adj't. and Insp. Gen.

FROM THE RICHMOND ENQUIRER.
INTERESTING.

who were in the service of the United States during the late war.

These views are substantially founded upon the conviction, that it is the true policy and earnest desire of the government to draw its savage neighbors within the pale of civilization. If I am 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 abandoned to individual enterprise, and without regula-To the Militia Officers of the State of Virginia, tion. The result would be continual warfare, attended by the extermination or expulsion of the aboriginal inhabitants of the country, to more disGentlemen-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 made 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 entinction between the respective corps, which was couraged by the government. This cannot fail to repugnant to every principle of a liberal policy, preserve the race, with the modifications necessawill, in some degree, 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 huto 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- the 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. JACKSON, of Va. Washington City, 20th April.

I have the honor to be, respectfully, your most obedient and humble servant,

WM. H. CRAWFORD. Hon. John Gaillard, Pres't. pro tem. of the Senate of the U. States.

Adjutant and Inspector General's Office, =

GENERAL ORDER.

MAY 10, 1816.

FROM POULSON'S PHILADELPHIA GAZETTE. Correspondence between Thomas Jefferson and Geo. Logan, on the public affairs of the United States. < MONTICELLO, Oct. 15, 1815. DEAR SIR-I thank you for the extract in your's 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 wecks. I had, from other information, formed made the duty of the Superintendent General of the most favourable opinion of the virtues of AlexMilitary Supplies to keep accounts of all sup-ander, and considered his partiality to this counplies, of every description, purchased or distribut-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, toris, still magnified every thing we had believed of prescribe the forms of all returns and accounts of such stores and supplies purchased, on hand, distributed, used or sold by officers, agents or persons who shall have received, distributed, or been entrusted with the same; and it is further made the duty of all officers, agents, or persons who | shall have received, or may be entrusted with supplies of any description whatever, for the use of the military service, to render quarterly accounts of the disposition and state of all such stores and supplies to the Superintendent aforesaid.

The President is pleased to direct that any officer of the army who may be accountable for such

him; but how he will come out of his present trial remains to be seen. That the sufferings which France had inflicted on other countries, justified severe reprisals, cannot be questionedbut I have not yet learned, what crimes of Poland, Saxony, Belgium, Venice, Lombardy, and Genoa, had merited for them, not merely a temporary punishment, but that of permanent subjugation, and a destitution of independence and self-government. The fable of Esop of the Lion dividing the spoils, is, I fear, becoming true history- and the moral code of Napoleon and the English government, a substitute for that of Grotius, of Puffen

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