Presidents -- United States -- Messages; United States -- Politics and government -- Sources
In connection with the foregoing views I would suggest also an inquiry
whether the provisions of the act of Congress authorizing the discharge
of the persons of the debtors to the Government from imprisonment may
not, consistently with the public interest, be extended to the release
of the debt where the conduct of the debtor is wholly exempt from the
imputation of fraud. Some more liberal policy than that which now
prevails in reference to this unfortunate class of citizens is
certainly due to them, and would prove beneficial to the country. The
continuance of the liability after the means to discharge it have been
exhausted can only serve to dispirit the debtor; or, where his
resources are but partial, the want of power in the Government to
compromise and release the demand instigates to fraud as the only
resource for securing a support to his family. He thus sinks into a
state of apathy, and becomes a useless drone in society or a vicious
member of it, if not a feeling witness of the rigor and inhumanity of
his country. All experience proves that oppressive debt is the bane of
enterprise, and it should be the care of a republic not to exert a
grinding power over misfortune and poverty.
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
17th Congress approved March 3d, 1823, providing for 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.
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