United States has been organized under auspices the most favorable, and cannot fail to be an important auxiliary to those measures. For a more enlarged view of the public finances, with a view of the measures pursued by the Treasury Department, previous to the resignation of the late Secretary, I transmit an extract from the last report of that officer. Congress will perceive in it ample proofs of the solid foundation on which the financial | prosperity of the nation rests; and will do justice to the distinguished ability and successful exertions with which the duties of the department were executed, during a period remarkable for its difficulties and its peculiar perplexities. The period of my retiring from the public service, being at little distance, I shall find no occasion more proper than the present for expressing to my fellowcitizens my deep sense of the continued confidence and kind support which I have received from them. My grateful recollection of these distinguished marks of their favorable regard can never cease; and, with the consciousness, that if I have not served my country with greater ability, I have served it with a sincere devotion, will accompany me as a source of unfailing gratification. Happily, I shall carry with me from the public theatre, other sources, which those who love their country most, will best appreciate. I shall behold it blessed with tranquillity and prosperity at home, and with peace and respect abroad. I can indulge the proud reflection, that the American people have reached, in safety and success, their fortieth year as an independent nation; that, for nearly an entire generation, they have had experience of their present constitution, the offspring of their undisturbed deliberations and of their free choice; that they have found it to bear the trials of adverse as well as prosperous circumstances; to contain, in its combination of the federate and elective principles, a reconcilement of public strength with individual liberty, of national power for the defence of national rights, with a security against wars of injustice, of ambition, and of vain glory, in the fundamental provision which subjects all questions of war to the will of the nation itself, which is to pay its cost and feel its calamities. Nor is it less a peculiar felicity of this constitution, so dear to us all, that it is found to be capable, without losing its vital energies, of expanding itself over a spacious territory, with the increase and expansion of the community for whose benefit it was established. And may I not be allowed to add to this gratifying spectacle, that I shall read in the character of the American people, in their devotion to true liberty, and to the constitution which is its palladium, sure presages, that the destined career of my country will exhibit a Government pursuing the public good as its sole object, and regulating its means by the great principles consecrated in its charter, and by those moral principles to which they are so well allied: A Government which watches over the purity of elections, the freedom of speech and of the press, the trial by jury, and the equal interdict against encroachments and compacts between religion and the State; which maintains inviolably the maxims of public faith, the security of persons and property, and encourages, in every authorized mode, that general diffusion of knowledge which guarantees to public liberty its permanency, and to those who possess the blessing, the true enjoyment of it: A Government [DECEMBER, 1816. which avoids intrusions on the internal repose of other nations, and repels them from its own; which does justice to all nations with a readiness equal to the firmness with which it requires justice from them; and which, while it refines its domestic code from every ingredient not congenial with the precepts of an enlightened age, and the sentiments of a virtuous people, seeks, by appeals to reason, and by its liberal examples, to infuse, into the law which gov erns the civilized world, a spirit which may diminish the frequency, or circumscribe the calamities of war, and meliorate the social and beneficent relations of peace: A Government, in a word, whose conduct, within and without, may bespeak the most noble of all ambitions-that of promoting peace on earth, and good will to man. These contemplations, sweetening the remnant of my days, will animate my prayers for the happiness of my beloved country, and a perpetuity of the insti tutions under which it is enjoyed. DECEMBER 3, 1816. JAMES MADISON. were read, and two thousand copies of the Mes The Message and accompanying documents sage ordered to be printed for the use of the Senate. THURSDAY, December 5. WILLIAM HUNTER, from the State of Rhode DUDLEY CHACE, from the State of Vermont; Island; JONATHAN ROBERTS, from the State of Pennsylvania; and JAMES BROWN, from the State of Louisiana; severally took their seats in the Senate, all of whom arrived on the 4th instant. MARTIN D. HARDIN, appointed a Senator by the Executive of the State of Kentucky, in place of William T. Barry, resigned, (who ar rived on the 4th instant,) produced his creden tials, was qualified, and took his seat in the Senate. The following Message was received from the PRESIDENT OF THE UNITED States: To the Senate and House of Representatives of the United States: The 9th section of the act, passed at the last session of Congress," to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," having received a construction giving to it a scope of great and uncertain extent, I thought it proper that proceedings relative to claims under that part of the act should be suspended, until Congress should have an opportunity of defining, more precisely, the cases contemplated by them. With that view, I now recommend the subject to their consider ation. They will have an opportunity, at the same time, of considering how far other provisions of the act may be rendered more clear and precise in their import. DECEMBER 6, 1816. JAMES MADISON. Admission of Indiana. Mr. MORROW, from the committee appointed to inquire whether any, and if any, what Legislative measures may be necessary for admitting the State of Indiana into the Union, or for extending the laws of the United States to that State, to whom was recommended their report on that subject, reported the resolution for admitting the State of Indiana into the Union, with amendments, which were read and considered as in Committee of the Whole; and having been agreed to, the PRESIDENT reported the resolution to the House amended accordingly. On the question, "Shall this resolution be engrossed and read a third time?" it was deter mined in the affirmative. The said resolution having been reported by the committee correctly engrossed, was read a third time by unanimous consent, as follows: [SENATE. YEAS.-Messrs. Ashmun, Barbour, Brown, Campbell, Chace, Condit, Daggett, Fromentin, Gaillard, Hardin, Horsey, Howell, Hunter, Lacock, Mason of New Hampshire, Mason of Virginia, Morrow, Roberts, Talbot, Tait, Thompson, Tichenor, Wells, and Williams. NAYS.-Messrs. Macon, Ruggles, Sanford, Varnum, and Wilson. The resolution having been agreed to as amended, Messrs. DAGGETT, FROMENTIN, and RUGGLES, were appointed the committee. Public Offices. The PRESIDENT communicated a report, made in obedience to a resolution of the Senate, of the 20th of April last, requiring the Secretaries of the Departments to report jointly to the Senate, in the first week of the next session of Congress, a plan to insure the annual settlement of the public accounts, and a more certain accountability of the public expenditure in their respective Departments; and the report was read. It is as follows: Whereas, in pursuance of an act of Congress, passed on the 19th day of April, 1816, entitled "An act to enable the people of the Indiana Territory to In obedience to the resolution of the Senate, of the form a constitution and State government, and for 20th of April last, requiring the Secretaries of the the admission of that State into the Union," the Departments to report jointly to the Senate, in the people of the said Territory did, on the 29th day of first week of the next session of Congress, a plan to June, in the present year, by a convention called insure the annual settlement of the public accounts, for that purpose, form for themselves a constitution and a more certain accountability of the public exand State government, which constitution and State penditure in their respective Departments: the ungovernment so formed is republican, and in conform-dersigned have the honor to reportity with the principles of the articles of compact between the original States and the people and States in the territory north-west of the river Ohio, passed on the 13th day of July, 1787: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Indiana shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects what ever. MONDAY, December 9. ISHAM TALBOT, from the State of Keutucky, arrived on the 6th instant, and GEORGE W. CAMPBELL, from the State of Tennessee, arrived on the 7th, and severally attended this day. Compensation of Members. The Senate resumed the consideration of the motion of the 2d instant, relative to the repeal of the compensation law. On motion, by Mr. TAIT, to amend the same by striking out from the word "That," in the 1st line, the remainder of the resolution, and inserting in lieu thereof, "a committee be appointed to inquire into the expediency of repealing or modifying the law passed the last session of Congress, entitled An act to change the mode of compensation to the members of the Senate and House of Representatives, and the Delegates from Territories,' with leave to report by bill or otherwise." That, in order to comply with the requisitions of the resolution, and to satisfy the just expectations of the Senate, it is necessary to inquire into the causes of the delay of the annual settlement of accounts, and the want of sufficient certainty in the accountability of the respective Departments, upon which the resolution predicated. An attentive review of the principles upon which the several Departments of the Government were originally organized, and of the changes which have successively been made in that organization, appears to be necessary at the threshold of this investigation. The By referring to the laws for organizing the several Departments of the Government, they will be found to be extremely general in their terms, leav ing the distribution of the duties, and powers of the Secretaries, in a considerable degree to Executive regulation. The law organizing the Treasury Department, however, specifically refers to that Department the settlement of all public accounts. pecuniary embarrassments by which the Government was pressed at that period, requiring a system of the most rigid economy in the public disbursements, could not fail to give peculiar force to the idea that the Department charged with the replenishment of the Treasury should have a direct control over the public expenditure. Under the influence of this idea, all purchases for supplying the army with provisions, clothing, supplies, in the Quarand all other supplies or articles for the use of the termaster's department, military stores, Indian goods, War Department, were, by executive regulation, directed to be made by the Treasury Department. The first important change which was made in the organization of the War Department, was effectIt was determined in the affirmative-yeased by the act of the 8th of May, 1792, which creat24, nays 5, as follows: ed the office of accountant of that Department, and SENATE.] Public Offices. [DECEMBER, 1816. referred to that officer the settlement of all accounts | ment, or to those in which the disbursements are relative to the pay of the Army, the subsistence of made, to enforce economy in any branch of the pubthe officers, bounties to soldiers, expenses of the re- lic service, must necessarily be extremely limited. cruiting service, and the incidental and contingent expenses of the Department. The accounts settled by the accountant were to be certified quarterly, and sent to the accounting officers of the Treasury for their revision. This act continues with the Treasury Department the power of making, for the War Department, the purchases before enumerated. In disbursements for the pay, subsistence, and clothing of the Army, while rations are furnished by contracts, the most rigid economy may be easily enforced. In the Quartermaster's department, and where provisions are supplied by a commissariat, the accounting officers can exercise but a very limited control. The principal reliance of the Government for economy, in those Departments, must be upon the tingent disbursements of the War and Navy Departments, which, in time of war, are considerable, and which, in all Governments, are extremely liable to abuse, the accounting officers have still less control For economy in that branch of the public service, the heads of those Departments must be responsible to the nation. From this view of the subject, it ap pears not to be so important that the public accounts should be settled in the Treasury Department, as that they should be promptly and finally settled. On the 30th of April, 1798, the Navy Department was created. From the organization of the Govern-integrity of the persons employed. Over the conment to this date, the Secretary of War executed the orders of the President in relation to the Navy. On the 16th of July, in the same year, the office of Accountant of the Navy was created, and the settlement of all accounts in the Navy Department was referred to that office. On the same day the power of the Treasury Department to make contracts for the War Department was rescinded, and all the accounts of that Department were, thenceforward, settled by the accountant. The power of revision, both as to the accounts of the War and Navy Departments, was, and still is, reserved to the accounting officers of the Treasury. This power, however, from the period of the primary settlement of the accounts of the War and Navy Department, was withdrawn from the Treasury, ceased to be useful, and has been preserved merely for the sake of form. In the Treasury, balances or debts admitted on settlement, are paid only upon the report of the Auditor, confirmed by the Comptroller, whose decision is final. In the War and Navy Departments, the sums reported by the Accountants to be due to individuals, are paid without waiting for the revision of the accounting officers of the Treasury. This practice, which has been adopted in some measure from necessity, is not believed to be incompatible with the provisions of the law requiring that revision. The Accountants of the War and Navy Departments are required to transmit quarterly all the accounts, which have been settled, to the Treasury Department for final revision. It could not have been the intention of Congress that an officer or an individual, to whom money was found to be due, by the report of the Accountant of either of those Departments, should wait for payment not only until the expiration of the charter, but until his accounts should be reexamined by the Auditor of the Treasury, and also by the Comptroller. ment. The delays to which this course would necessarily have led, must have produced a state of confusion, which, in a short period, could not have failed to have obstructed all the operations of the GovernOn the other hand, it is manifest, that from the moment payments were made upon the settlement of the accountants, before the revisionary power of the Treasury officers was exercised, revision became useless. The leading feature of the organic laws of the Departments, that the settlement of the public accounts should exclusively rest with the Department, which was charged with the replenishment of the Treasury, was substantially abandoned. The form, indeed, was preserved, but the vital principle was extinguished. Whatever diversity of opinion may exist upon this subject, it is believed that there can be none upon the propriety of either returning to the principle upon which the Departments were originally organized, of referring the settlement of all public accounts immediately to the Treasury Department, or of finally settling the accounts of the War and Navy Departments without the intervention of the accounting officers of the Treasury. The former has the recommendation of unity and simplicity in theory; and, it is believed, that no serious inconvenience will result from it in practice. The latter would insure the prompt and final settlement of the accounts of the several Departments, but might, possibly, lead to the establishment of different principles in the settlement of the public accounts in the respective Departments. Under judicious regulations, it is believed that the prompt and final settlement of the public accounts may be as effectually secured by the former, as by the latter modification. Whichever modification may be adopted, an increase in the number of the accounting officers appears to be indispensable. From the year 1792, when the office of Accountant of the War Department was created, to the year 1798, when all the accounts of the War Department were referred for settlement to that officer, the military force of the United States was not so extensive as the present Military Peace Establishment. The duties assigned the Accountant at the former period was, as has been already stated, the settlement of all accounts relative to the pay of the Army, the subsistence of officers, bounties to soldiers, expenses of the recruiting service, and the contingent expenses of the War Department. The services required by that act, are believed to be sufficient to give full employment to one accounting officer. By the act of 1798, the settlement of the accounts relative to the subsistence of the Army, the Quartermaster's department, the clothing department, the purchase of arms and munitions of war, and to the Indian Department, were referred to the Accountant of the War Department. The want of power to compel those to whom the It is probable that more importance was attached collection, or disbursement of the public money has to this principle, by those who presided over the been confided, to render their vouchers and settle their primary organization of the Departments, than it accounts, when required, has largely contributed to intrinsically merits. The power of the accounting swell the list of unsettled accounts. The power of officers, whether belonging to the Treasury Depart-dismissing from office for misfeasance or nonfeasance in office, especially with the collecting officers, is sufficiently coercive, as long as the conduct of the officer will bear examination, and powerfully contributes to keep him in the line of his duty. But when the settlement of his accounts must expose his guilt, and especially when he has been dismissed from office, this coercion entirely ceases. With disbursing offices, and particularly in the Military Establishment, this mode of coercion is much more feeble. In that department, too, there is the strongest reason for the adoption of the most vigorous measures to bring to a prompt and final settlement those who have been intrusted with the disbursement of money, particularly in the Quartermaster's and Paymaster's department. Until the accounts of the Quartermaster General of an army, or of a military district, are settled, it is impossible to settle the accounts of the deputies and assistants, the barrackmasters, foragemasters, and quartermasters, employed with the same army, or in the same district. The same observation applies to the pay departments. Until the deputy paymaster-general settles his accounts, or at least until he renders his vouchers, none of the district, assistant district paymasters, or regimental paymasters, can settle their accounts. This observation applies to the several grades in both Departments. Thus a single officer, who knows himself to be a public defaulter, may, by standing aloof, and by procrastinating the decision of law, after suit is brought, prevent, for years, the settlement of the accounts of other officers, who may be solicitous to adjust them. In conformity with these preliminary observations, the undersigned respectfully propose, that it is expedient First. That another independent Department of the Government be organized, to be denominated the "Home Department." That the Secretary of this Department shall execute the orders of the President in relation to, 1. The Territorial governments. 2. The National Highways and Canals. 3. The General Post Office. 4. The Patent Office. 5. The Indian Department. Second. That the primary and final settlement of all accounts be made in the Treasury Department, and that the organization of that Department be modified, so as to authorize the appointment of 1. Four additional Auditors. 2. One additional Comptroller. 3. One Solicitor. 4. That the Mint Establishment be placed under the direction of the Treasury Department. Third. That the office of Accountant of the War and Navy Department, and of the Superintendent General of Military Supplies, be abolished. Fourth. That the survey of the coast be confided to the Navy Department.* the According to the modification here recommended, First Auditor will be charged with the settlement of the public accounts, accruing in the Treasury Department. Second Auditor will be charged with the settlement of all accounts relative to the pay and clothing of the Army, the subsistence of the officers, bounties and premiums, the recruiting service, and the contingent expenses of the War Department. As it is in England. VOL V.-42 [SENATE. Third Auditor will be charged with the settlement of all accounts relative to the Army, the Quartermaster's department, the Hospital department, and the Ordnance department. Both of these Auditors will keep the property account connected with those branches of service, in the War Department, confided to them, respectively. Fourth Auditor will be charged with the settlement of all accounts relative to the Navy Department. And the Fifth Auditor will be charged with the settlement of all accounts relative to the State and Home departments. The First Comptroller being relieved from directing and superintending the recovery by suits of all debts due the Government, will revise all accounts settled by the First and Fifth Auditor. Second Comptroller will revise all settlements made by the Second, Third, and Fourth Auditors. The Solicitor of the Treasury will be charged with the recovery of the debts due the Government, according to the forms prescribed by law. DECEMBER, 1815. JAMES MONROE, Acting Sec'ry of War. B. W. CROWNINSHIELD. President pro tem. of the Senate. WEDNESDAY, December 11. Mr. VARNUM communicated the instructions of the Legislature of the Commonwealth of Massachusetts to their Senators in Congress, to use their influence to effect the repeal of the act, passed the nineteenth day of March last, changing the mode and increasing the compensation of members of Congress; which were read. THURSDAY, December 12. ROBERT H. GOLDSBOROUGH, from the State of Maryland, arrived on the 11th, and attended this day. GEORGE M. TROUP, (who arrived on the 11th instant,) appointed a Senator by the Legislature of the State of Georgia, to fill the vacancy occasioned by the resignation of William W. Bibb, produced his credentials, was qualified, and took his seat in the Senate. The credentials of GEORGE M. TROUP, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, commencing on the 4th day of March next, were also read, and laid on file. The oath prescribed by law was administered to JAMES NOBLE and WALLER TAYLOR, respectively, appointed Senators by the Legislature of the State of Indiana; their credentials having been read and filed on the 2d instant, they took their seats in the Senate. On motion, by Mr. MORROW, Resolved, That the Senate proceed to ascertain the classes in which the Senators of the State of Indiana shall be inserted, in conformity to the resolution of the 14th of May, 1789, and as the constitution requires. On motion, by Mr. MORROW, Ordered, That the Secretary put into the ballot-box three papers, of equal size, numbered 1, 2, and 3; each of the said Senators shall draw out one paper. No. 1, if drawn, shall entitle the member to be placed in the class of Senators whose terms of service will expire on the 3d of March, 1817; No. 2, in the class whose terms will expire on the 3d of March, 1819; and No. 3, in the class whose terms will expire on the 3d of March, 1821. Whereupon, the numbers above mentioned were, by the Secretary, rolled up and put into the box; when Mr. NOBLE drew No. 3, and is accordingly of the class of Senators whose terms of service will expire on the 3d of March, 1821; and Mr. TAYLOR drew No. 2, and is accordingly of the class whose terms of service will expire on the 3d of March, 1819. MONDAY, December 16. MONTFORT STOKES, who arrived on the 13th instant, appointed a Senator by the Legislature of the State of North Carolina, to fill the vacancy occasioned by the resignation of James Turner, produced his credentials, was qualified, and took his seat in the Senate. (JANUARY, 1817. may be requisite for detaining vessels actually equipped, or in a course of equipment, with a warlike force, within the jurisdiction of the United States; or, as the case may be, for obtaining from the owners or commanders of such vessels adequate securities against the abuse of their armaments, with the exceptions, in such provisions, proper for the cases of merchant vessels furnished with the defensive armaments usaal on distant and dangerous expeditions; and of a prilaw, and which the law of nations does not require vate commerce in military stores permitted by our the United States to prohibit. DECEMBER 26, 1816. JAMES MADISON. The Message was read, and, on motion by Mr. ROBERTS, referred to the Committee on Foreign Relations, to consider and report thereon, by bill or otherwise. The Senate adjourned to Monday. MONDAY, December 30. RUFUS KING, from the State of New York, arrived on the 27th instant, and attended this day. THURSDAY, January 2, 1817. ALEXANDER CONTEE HANSON, appointed s Senator by the Legislature of the State of Maryland, to fill the vacancy occasioned by the resig The credentials of MONTFORT STOKES, appoint- nation of Robert G. Harper, produced his creed a Senator by the Legislature of North Caro-dentials, was qualified, and took his seat in the lina, for the term of six years, commencing on Senate. the 4th day of March next, were read, and ordered to lie on file. THURSDAY, December 19. SAMUEL W. DANA, from the State of Connecticut, arrived on the 18th, and attended this day. TUESDAY, December 24. The credentials of MARTIN D. HARDIN, appointed a Senator by the Legislature of the State of Kentucky, to fill the vacancy occasioned by the resignation of William T. Barry, were read; and the oath prescribed by law was administered to him. FRIDAY, December 27. The following Message was received from the Representatives of the United States: It is found that the existing laws have not the efficacy necessary to prevent violations of the obligations of the United States, as a nation at peace, towards belligerent parties, and other unlawful acts on the high seas, by armed vessels equipped within the waters of the United States. With a view to maintain more effectually the respect due to the laws, to the character, and to the neutral and pacific relations of the United States, I recommend to the consideration of Congress the expediency of such further legislative provisions as MONDAY, January 6. Home Department. WILLIAM SMITH, appointed a Senator by the Legislature of the State of South Carolina, to the vacancy occasioned by the resignation of John Taylor, produced his credentials, was s qual ified, and took his seat in the Senate. The Public Offices. The bill to create a new Executive (Heze Department was taken up. Mr. TAIT having called on the committee whe reported this bill for some explanation of thes views in favor of this measure Mr. SANFORD briefly gave the explanation requested; though, he said, the reasons having |