A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term — John Shaqi
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Since the last session of Congress numerous frauds on the Treasury have
been discovered, which I thought it my duty to bring under the
cognizance of the United States court for this district by a criminal
prosecution. It was my opinion and that of able counsel who were
consulted that the cases came within the penalties of the act of the
Seventeenth Congress approved 3d March, 1823, providing for the
punishment of frauds committed on the Government of the United States.
Either from some defect in the law or in its administration every
effort, to bring the accused to trial under its provisions proved
ineffectual, and the Government was driven to the necessity of resorting
to the vague and inadequate provisions of the common law. It is
therefore my duty to call your attention to the laws which have been
passed for the protection of the Treasury. If, indeed, there be no
provision by which those who may be unworthily intrusted with its
guardianship can be punished for the most flagrant violation of duty,
extending even to the most fraudulent appropriation of the public funds
to their own use, it is time to remedy so dangerous an omission; or if
the law has been perverted from its original purposes, and criminals
deserving to be punished under its provisions have been rescued by legal
subtleties, it ought to be made so plain by amendatory provisions as to
baffle the arts of perversion and accomplish the ends of its original
enactment.
In one of the most flagrant cases the court decided that the prosecution
was barred by the statute which limits prosecutions for fraud to two
years. In this case all the evidences of the fraud, and, indeed, all
knowledge that a fraud had been committed, were in possession of the
party accused until after the two years had elapsed. Surely the statute
ought not to run in favor of any man while he retains all the evidences
of his crime in his own possession, and least of all in favor of a
public officer who continues to defraud the Treasury and conceal the
transaction for the brief term of two years. I would therefore recommend
such an alteration of the law as will give the injured party and the
Government two years after the disclosure of the fraud or after the
accused is out of office to commence their prosecution.
In connection with this subject I invite the attention of Congress to a
general and minute inquiry into the condition of the Government, with a
view to ascertain what offices can be dispensed with, what expenses
retrenched, and what improvements may be made in the organization of its
various parts to secure the proper responsibility of public agents and
promote efficiency and justice in all its operations.
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