But they are nevertheless American citizens, and, as such, have rights and interests which are dear to them, to guard which facilities should be afforded them, as to every other portion of our fellow citizens, of making known their wants, through their own representative, to the only body clothed with the authority to supply them. There can be no just reason for the distinction which has heretofore prevailedallowing a Territory, with a meagre population, a delegate upon the floor of Congress, to make known its requirements and advocate its interests, and denying the same privilege to this District, with its seventy-five thousand inhabitants. It would be an act of justice to provide a seat on the floor of the House of Representatives for a delegate to be chosen by the people of the District of Columbia. Such an arrangement would remove a just ground of complaint, that they have no accredited organ by which their interests can be fairly and favorably brought to the consideration of Congress.

In the act to incorporate the city of Washington, passed May 15, 1820, Congress invested the corporation with full power and authority to "lay and collect taxes;" "to erect and repair bridges;" "to open and keep in repair streets, avenues, lanes, alleys, drains, and sewers, agreeably to the plan of the city;" "to erect lamps, and to occupy and improve for public purposes, by and with the consent of the President of the United States, any part of the public and open spaces and squares in said city, not interfering with private rights."

In conferring these powers upon the corporation, Congress must have acted on the conviction that it was the duty of the city, and not of the general government, to open and repair streets and avenues, as well as to make the other improvements indicated.

It is evident that the city authorities, acting under the influence of a city constituency familiar with the localities, and well informed as to the true interests and requirements of the people, are less liable to be misled in such matters by the representations of private interests than those whose attention is chiefly taken up with subjects of more general concern, and who are not supposed to be specially interested in the material advancement of the city.

It seems to be eminently proper, therefore, that these improvements should be made, in pursuance of the provisions of the charter, under the direction of the city authorities; and hence no estimates have been submitted therefor by this department. Beyond the appropriations made by Congress for these objects, neither the Commissioner of Public Buildings nor the Secretary of the Interior has been entrusted with this duty. The law relieves this department from the obligation, not unfrequently urged, of initiating plans and suggesting appropriations for the opening, improvement and lighting of streets and avenues, and for the construction of drains and sewers in the city.

The government, however, is a large real estate proprietor in the city of Washington, and provision is made in the charter of incorporation, by which the Commissioner of Public Buildings is directed to reimburse the corporation a just proportion of the expense incurred in opening and improving streets passing through and along public squares. This expense has been heretofore defrayed out of money arising from the sale of lots belonging to the government; but this

resource has now failed us, and an estimate has been submitted for au appropriation out of the national treasury on that account.

The reservations owned by the United States within the city of Washington require to be improved by the general government. Much attention has been bestowed upon these during the last few years, and several of them have been substantially enclosed and tastefully embellished. But while much has been accomplished, more remains to be done; and liberal appropriations might, with propriety, be made for the continuation of these improvements whenever the condition of the treasury will admit of it.

The grounds around the Capitol are particularly commended to the favorable consideration of Congress, in the hope that early measures may be taken to relieve them of their present uncomely appearance. The time has come when some plan should be agreed upon for their extension; but how far they should be extended is a question to be determined by congressional action.

The auxiliary guard is a police force provided by the government for the protection of property and the preservation of the peace within the city of Washington. Its members are paid from the public treasury, through the Commissioner of Public Buildings, but derive their appointments from the mayor of the city, to whom alone they are responsible for the faithful discharge of their duties. It is respectfully recommended that the law on this subject be so far amended as to require these appointments, before they can take effect, to be reported to and approved by some officer of the government, either the Commissioner of Public Buildings or the marshal of the District of Columbia, and to give such officer the power of removal from office whenever, in his opinion, the public good may render it necessary. The reports of the superintendent and the board of visitors of the government hospital for the insane accompany this report. The number of patients in the hospital, July 1, 1856, was ninety-three. During the fiscal year ending June 30, 1857, fifty-two were admitted, and thirty-five discharged, leaving in the institution, at the lastmentioned date, one hundred and ten, four of whom are independent or pay patients. This number exceeds the rated capacity of that part of the building now completed; but an appropriation has been made for the construction of the centre building and three sections of the wings, according to the original plan adopted, which are in process. of erection, and which will be pressed to completion with all proper despatch and economy. When these portions of the building are finished, it is believed its capacity will be sufficient to meet all present demands for the accommodation of this unfortunate class of our people.

The institution is conducted with skill and fidelity, and reflects credit upon all who are concerned in its management.

At the last session of Congress, an act was passed incorporating the Columbia Institution for the Instruction of the Deaf, Dumb, and Blind. In the charter of incorporation it is made the duty of the Secretary of the Interior, whenever he is satisfied that "any deaf and dumb or blind person of teachable age, properly belonging to this District, is in indigent circumstances, and cannot command the means

to secure an education," to authorize the said person to enter the said institution for instruction, and to pay for his or her maintenance and tuition therein, at the rate of $150 per annum. In pursuance of this provision of law, fourteen pupils have been placed in the institution.

The report of the president of the institution, which he is required to make annually, is herewith communicated. It exhibits the institution in rather a crippled condition. It is in debt, and it needs more land, better buildings, and a larger income, to pay the teachers. It has fifteen pupils, fourteen of which are maintained by the government. The charity is a noble one, but as it is not a government institution, it is for Congress to determine whether further assistance shall be extended to it.

The report of the inspectors of the penitentiary, with the accompanying reports of the warden, clerk, physician, matron, and chaplain, are herewith subinitted. They furnish a detailed account of the administration of the affairs of the penitentiary for the past year. The views expressed by the inspectors of the present working of the penitentiary, and their recommendations for its future improvement, are approved and commended to your favorable consideration.

The report of the engineer in charge of the construction of the bridge across the Potomac at Little Falls exhibits the progress of that work, and the probability of its early completion. There have been unavoidable delays, which are explained, but the work, when finished, will be creditable alike to the engineer and the government.

By a joint resolution of the last Congress the duty was devolved upon this department of distributing a portion of the journals and congressional documents to public libraries, &c., previously distributed by the Department of State. As the resolution prescribed no rule by which the distribution should be made, it is proposed to send to each State copies in proportion to its federal representation, and the distribution will be made on that basis, unless Congress shall otherwise direct. It is respectfully suggested that a law be passed for the future government of the department in reference to this subject.

To this department belongs the supervision of the accounts of marshals, district attorneys, and clerks of the circuit and district courts of the United States, and no other branch of the public service is encompassed with greater difficulties in its administration. In some respects advantageous changes might be made, and additional legislation is recommended.

By the act of February 28, 1799, fees for services rendered by district attorneys in the performance of their duties were specifically prescribed, and in certain districts named an annual salary was provided, "as a full compensation for all extra services." All district attorneys, except the one in southern New York, now draw a salary, the greater part of them at the rate of, and none less than, two hundred dollars per annum. But the repeated applications for compensation for extra services by these officers is becoming a serious evil. Some of the district attorneys assume that they are under no official obligation to render any service for the government for which no fee is prescribed under existing laws, such as preparing a case for trial, procuring and examining witnesses, examining title to property

purchased for the use of the United States; and they insist, as a matter of equity, if not of strict legal right, that they are entitled to compensation for all professional services other than those specifically enumerated in the fee act, notwithstanding they receive a fixed compensation for all extra services, and the act itself declares, "no other compensation shall be taxed or allowed" than the fees therein prescribed.

I recommend an increase of the salaries of the respective district attorneys, graduated by some equitable rule, coupled with a provision devolving upon those officers the duty of faithfully performing all such services, in the line of their profession, as should be required of them in every case in which the interests of the government are in any way involved, and declaring that the receipt of such salary shall operate as a full discharge of all claim on the part of the recipient for compensation for all services not enumerated in such fee bill as may at the time be in force.

Experience has demonstrated that a change may be made with propriety in the law providing for the appointment of clerks of the several United States courts.

These officers are now appointed by the judges, to whom alone they are responsible for their official conduct. The law requires them, semiannually, to make returns of their fees and emoluments. But in case of failure or refusal, this department is powerless to enforce obedience, or to remove the delinquents. It can, however, withhold any money that may be due them by the United States, until they shall render their accounts. This is the whole extent of its power.

It is made the duty of this department to restrict the expenditures of these officers within proper limits, although defrayed out of the proceeds of their offices; to allow no one clerk to retain of his fees and emoluments a sum exceeding three thousand five hundred dollars per annum, for his personal compensation; and to require him to pay into the treasury of the United States, semi-annually, any surplus of the same. A duty is thus imposed upon the head of the department, while he is clothed with no adequate authority to enforce a compliance with his orders and requirements. As an evidence of this, it is proper to state, that in order to answer a resolution adopted by the last House of Representatives, circulars, calling for the requisite information, were addressed to all these officers on the 1st of September last, and although proper commendation is due to those who replied promptly, yet fourteen in the States, and nineteen in the Territories, have wholly failed to respond thereto. Some remedy for this state of things should be provided, and it is respectfully suggested, as the most effectual, to change the tenure of the office, so as to require all the clerks of all the courts to be appointed in the same manner as marshals and district attorneys.

Clerks of courts, in many cases, are appointed and act as United States commissioners. This practice, it is believed, adds largely to the expenses of that branch of the public service, especially in the large cities, where it becomes necessary, in the absence of the clerk, to employ an additional number of deputies in his office. This evil requires correction at the hands of Congress.

The clerk of the Supreme Court cannot, by the received construction of the law, be required to make a return of the fees and emoluments of his office, nor is his compensation limited; yet the policy and spirit of the law includes this officer, as well as the clerks of the circuit and districts courts. If the existing law be wise and ought to be maintained, then no valid reasons exists why this officer should be made an exception.

The late Attorney General gave an opinion that a clerk was a "collecting agent of the government, and should be held to account for all the fees of his office, received or receivable, deducting therefrom the maximum allowed by law." Now, although the clerk or other officer may earn a large surplus, still one-half of the maximum may not have been actually received. And, notwithstanding the fact that they are legally powerless in some cases to collect their earnings, they are positively required to pay into the treasury, with each semiannual return, any surplus which the same exhibits. The officers claim, generally, that they have a right to retain the compensation to which they are entitled, and that they are not in a position to retain it until it is actually collected, which leads to much difficulty.

To remedy this, it is suggested that all clerks and marshals in the respective States and territories, and in the District of Columbia, be explicitly authorized to demand the payment of their fees, or take security therefor, when they are not properly chargeable to the United States, in advance of the rendition of all official services.

During the last session of Congress an appropriation of one hundred thousand dollars was made for the erection of a court-house in the city of Boston. This was construed not to authorize this department to purchase a building, however suitable for the purpose. The masonic temple, conveniently situated in the business part of that city, was offered to the department for one hundred and five thousand dollars. The proposition was accepted, subject to the approval of Congress; and an estimate has been submitted covering the expenditure.

The fourth section of the act of 26th February last, authorizing the people of Minnesota "to form a constitution and State government," made it the duty of the United States marshal for said territory "to take a census, or enumeration, of the inhabitants within the limits of the proposed State, under such rules and regulations as should be prescribed therefor by the Secretary of the Interior, with the view of ascertaining the number of representatives to which said State may be entitled in the Congress of the United States."

The necessary instructions have been issued to enable the marshal to perform that duty, and an appropriation will be asked, as soon as full returns of his operations have been received, to defray the expenses he has thus been directed to incur-no provision therefor having yet been made.

By an act of the last Congress, this department was charged with the construction of the following wagon roads: one from Fort Kearney, Nebraska, by way of the South Pass, to the eastern boundary of California, near Honey lake; one from El Paso, on the Rio Grande, to Fort Yuma, at the mouth of the Gila river; and one from the