The tribunals invested with the power of trying per sons charged with violations of these laws, may, in many cases, (if the party has been found guilty) sentence the offender to suffer the severest penalties of the law, or dismiss him with the mere nominal punishment of reprimand- the words of the law, in several of its most important articles, being that the offender shall, on conviction, &c. "suffer death, or such other punishment as the court shall adjudge." Amongst the evils and odious features of the law, as an institution, this very uncertainty has been cited as one justly meriting the opprobrium which has been attached to it; and, pervading as it does almost every part of this system, it furnishes, independently of other defects, an urgent motive for a reconsideration of the subject by the National Legislature. Believing that the usefulness and reputation of the Navy are connected essentially with its obedience to the laws and regulations enacted for its government, the Department has been assiduously engaged in endeavoring to promote their proper observance, and to cause the duties of its officers, especially of its junior members, to be discharged in alternate routine, thus imposing on each, a share of the burdens, and giving to all the advantages to be derived from a practical attention to them. In a communication made to the honorable Chairman of the Committees of Naval Affairs in the Senate and House of Representatives, on the 16th February last, proposing a peace establishment, some remarks were of fered supporting the opinion that it was just and expedient that an increase in the rank of its officers shoul constitute a part of the naval system. While the United States' marine was confined to a few frigates and smaller vessels, no advantage could have been gained, in any point of view, from higher grades in the naval service than that of Captain. But, since the great increase in the number and size of the United States' vessels of war, and as occasions arise in the service for their combination into fleets or squa irons, other duties, arduous and responsible, and requiring the possession of superior nautical science and general intelligence, devolve upon their commanders. These higher degrees of qualification for the service, the fruit of long and unremitting devotion to their acquirement, merit a correspondent elevation in professional rank and distinction. It has been supposed, also, that superior rank bas a tendency to secure the enforcement of discipline, inasmuch as the orders of a superior are more readily and faithfully observed than those of one of equal grade. [21st CONG. 2d SESS. the control of the Secretary of the Navy, and its application only limited by his sense of justice and expediency. Without urging that this discretion has, at any time, been improperly or unjustly exercised, it may be said that it unquestionably offers the means of committing great abuses by extravagant grants or allowances to some, while these benefits may be wholly withheld from others. As far as it is practicable, these allowances, now contingent, should be specifically designated, securing, without the abuse of the fund, a just return to the parties for the sums necessarily expended for such incidental pur poses. This, in many cases, may be effected by legislative enactments, particularly as relates to travelling expenses, attendance on courts martial, either as members or wit. nesses, the pay of Judge Advocates, and to officers engaged on extra duty beyond the limits of their stations, &c. In the absence of precise legal provision on these points, the allowances in future will be confined strictly to the sums believed to be necessary to meet the expenses of officers so employed. In the report made to the honorable the Chairman of the Committee on Naval Affairs in the House of Representatives, on the 21st of January last, a recommendation was offered, proposing some modification in the powers and duties of the Board of Commissioners of the Navy. The Department has not found cause to change the opinion then expressed, that a division of the duties of the Navy Board would have a tendency to secure the discharge of its various duties more for the public benefit; that it would especially favor this, by directing "the undivided attention of the officer to the class of duties which may be confided to his management;" "that this exclu. sive devotion of his time and talents to a single train of services would enable him to attain a more intimate knowledge of their interest," to adopt a better system for their execution; and "that it would secure a stronger individual responsibility for their faithful discharge.' The considerations enumerated above offer their own recommendation; and being in concurrence with the sentiments of the Board itself, a body which, from experience, has derived the means of forming correct opinions on the subject, it may be fairly presumed that the adoption of the measure will result in much public utility. The documents marked H, J, K, show the number of deaths, dismissals, and resignations, which have occurred within the present year. The estimates for the year 1831 are herewith transmit The appropriations for the present year have been found more than sufficient for its current expenditures; and there will remain of them an unexpended balance, probably exceeding one million of dollars. The increase may certainly obviate some causes of ir-ted, marked L. ritation in the intercourse of the officers of the Navy with hose of foreign nations, the least powerful of which have higher grades than are known in this service, and universally claim honors and precedence according to their rank. These must either be yielded, or intercourse suspended; and this could not but result injuriously, should it be necessary for the United States' vessels to co-operate with those of other nations in any difficult naval enterprise. The subject of an increase of the pay of the officers of the Navy has heretofore been brought to your consideration; and you are again respectfully referred to the suggestions offered in the report made to you on the first December last. In anticipation that this measure will receive favorable consideration, estimates, founded on the scale of increased compensation proposed at the last session of Congress, are herewith transmitted. It has been doubted by many able and observant officers of the Navy whether the marine corps, as constitut ing a part of the naval force, might not be dispensed with, without materially diminishing its efficiency. On this point, the opinions of many of the superior officers of the Navy were called for, and presented to the honorable Chairman of the Committee on Naval Affairs of the Senate, during the last session of Congress. These, it appeared, were by no means in accordance with each other; and this diversity of sentiment amongst persons best qualified to determine the question has induced the Department to withhold any recommendation on the subject. The laws authorizing the establishment of this corps The authority which is given to the Department to provide that it shall be governed by the same rules and make allowances out of the contingent fund to cover the articles of war as are prescribed for the military establishexpenses of the officers of the Navy, for various incidental ment of the United States, according to the nature of the purposes, forms an important item in its duties and pow-service in which it shall be employed," &c. Under this The disposition of this large fund is wholly within | provision, it has been determined that marines, while ser ers. 21st CONG. 2d SESS.] Documents accompanying the President's Message. ving at Navy Yards, shall be governed by military regu-rity to the commercial pursuits of the country, and to prolation. By this decision, two systems of discipline are tect the accessible portions of the coasts from invasion brought into operation on persons employed on duty at and attacks of a foreign foe, makes it a matter of leading the same establishment. The inconveniences of such importance that a system be pursued which shall place an arrangement must be apparent. The perfect pre- the resources of the country in a condition to be readily servation of good order at the Navy yards demands that brought into action whenever the necessity presents itthe commander should have the exclusive government of self, without incurring the expense of maintaining such all persons employed in service within the limits of his large force when its services are not wantedcommand. This, doubtless, will be found to be a task of much As a measure tending to give reputation and efficiency difficulty. It may, however, it is believed, in some mea. to the Navy, the cultivation of the minds of those who are sure be attained by steadily adhering to the course sug. to compose its active members is a subject of great nation-gested to you in a former communication-to provide al interest. It is a fact which will not be questioned, that the early education of the officers of the Navy is entirely unequal to the character they have subsequently to sustain. for the collection of supplies of all the materials for the construction of a Navy, which require much time to put them in a condition for use, and which can be preserved without material deterioration or decay; to the preparaFew appointments under the Government involve a tion of these by seasoning and other processes, and the necessity for more general and scientific attainments.preservation of them after being so prepared, until reAs officers of the Navy, they are required to act as judgquired to be used; to retain no more vessels of war in es of the law and evidence, on trials of their brother off commission than are required for the immediate wants of cers for offences affecting the lives and characters of the the service, and to cause those which it may be judged accused: as commanders of ships, they should possess not proper should be built to be reserved on the stocks, pro only a practical acquaintance with seamanship, but an ac-perly sheltered, until their services are called for by the curate knowledge of those branches of mathematics con- national wants; to provide for the effectual repair and nected with the science of navigation, with astronomy and preservation of the vessels in ordinary; to appoint to the geography, and, as commanders of fleets or squadrons, service no larger number of junior officers than can be they must be well informed on all points of international kept actively employed, either at sea, at the stations on law, having reference to the rights of neutrals and belli- shore, or in the acquirement of a knowledge of the varigerents, the often recurring question of the rights of ous branches of their professional education. On this blockade, and other interdictions of intercourse between latter point, it may be remarked, that, to keep in the pay powers standing in this relation to each other; to possess of the Government a greater number of these officers an accurate acquaintance with the modern languages, to than can be usefully employed, is not only a prodigal enable them to enter into discussions on points of differ waste of the public money, but a prodigal abuse of the ence which may arise with the representatives of foreign character of the youth of the country. When thus apStates speaking such foreign language; and it may often pointed to the Navy, and taken from the guardianship of happen that the communications can only be advantage- their natural friends, and thrown, without restraint or ocously made in the language of the party with whom the cupation, upon society, it can rarely happen that they es subject of dispute may exist. The sons of the wealthy cape the dissolute and enervating habits incident to a life may obtain these advantages from the bounty of their pa- of idleness and indulgence. rents; but, without the aid of public instruction, how are the sons of the less affluent to become qualified to com-ion, that the worst effects to the moral and professional mand in the naval service? It may be further remarked, that, while a school, on the most liberal and comprehensive plan of instruction, has been provided for the military talent of the country, and has been endowed with every attribute for the advancement of the education of the youth who aspire to a share in the toils or honors of a military life, the only provision which has been authorized by law for the instruction of the midshipmen in the Navy is to be found in the allowance of $25 per month to the schoolmasters retained on board the larger vessels of war. The reports on the concerns of the Navy Hospital and Navy Pension funds will be transmitted as soon as the accounts of the several Agents are received. The remoteness of the residence of some of the Agents of the Pension fund makes it difficult and inconvenient to obtain complete statements of their transactions to be rendered within the time prescribed by the act of 23d April, 1800. In presenting views of the policy which it may be for the public interest should be pursued in reference to the naval establishment, it may be observed that the rapid increase of the population and general resources of the nation, which has already taken place, and is daily advancing, leaves little to be dreaded from invasions of its territory by an external foe, detached as it is from the great warlike powers of the world. It will be on the ocean, and in the transit of its mercantile enterprise to distant markets, that the nation may be regarded as most vulnerable; and to this point should its efforts for defence be chiefly directed. The great expense attending the support of so large a naval force as may be occasionally required to give secu Every day's experience gives confirmation to the opin characters of the Midshipmen of the Navy result from this state of emancipation from parental guardianship, unrestrained by the active discipline of the service to which they nominally belong. Should the exigencies of the nation demand a sudden increase of the corps, it would be far safer to resort to appointments made for the occasion, than to rely upon supernumeraries thus become negligent and insubordinate, and who, if brought into service, would rather tend to weaken than to augment its strength. Other subjects believed to have a claim to consideration are, the state of the unsettled accounts of the disbursing officers, a general survey of the coasts, harbors, &c. The former was brought to your notice during the last session of Congress: the latter, as a measure affording information on the geographical positions of the prin cipal capes and promontories, the depth and direction of the channels of the bays and harbors, &c., is a subject intimately connected with the security and prosperity of the United States Navy. To these your attention is again respectfully invited. JOHN BRANCH. REPORT OF THE POSTMASTER GENERAL. To the President of the United States: SIR: I have the honor to submit the following report of the transactions, condition, and prospects, of this Department. To wit: for compensation to Postmasters, 595,234 98 Transportation of the mail 1,274,009 98 Incidental expenses 63,463 04 The amount of postages returned for the same period, was [21st CoNG. 2d SESS. (It should be noted that the excess of this last half year would have appeared, as it actually was, but $17,019 16, had not a portion of the current expenditures that were $1,623,893 80 made in the preceding year been entered in the accounts of the first half of the present year.) The whole amount of postages from the 1st of July, 1829, to the 1st of July of the present year, as presented in the foregoing statement, is 1,598,877 95 25,015 85 1,782,132 57 74.714 15 1,932,707 95 The amount of postage from the 1st of was Giving an increase in this one The amount of available funds at the Leaves this amount of surplus 1,850,583 10 1,707,418 42 143,164 68 230,849 07 82,124 85 148,724 22 The system of financial operations, as mentioned in my report of last year, has fulfilled all the anticipations of its efficiency. The promptitude evinced by the "depositing Postmasters" in general, and the entire certainty of the accounts, both with the banks and those 1,850,583 10, postmasters, exclusive of the security in all these transactions derived to the public from this system, have, in no small degree, contributed to the ability of the Department to meet its extensive demands. Exhibiting an excess of expenditure beof year, yond the revenue, for this last 82,124 85 In the several States, improvements in mail facilities This deficit of the current receipts of the last year to meet the expenditures of the department, it will be ob have been loudly called for; and, in many instances, the served, has not increased, above that of the preceding growing population and extending settlements of the year, in so great a ratio as that of the preceding year in-country have absolutely required them. In making such creased beyond the deficit of the year anterior to the 1st improvements, care has been taken so to extend them as to give the greatest possible accommodation at the least of July, 1828. The inference deduced from this fact, as well as the increasing prosperity of the Department, will expense, and in such a manner as would be most likely to It is in part owing to these imbe shown more distinctly in an exhibit of the receipts increase the revenue. and expenditures of the Department, by half years, for provements that the amount of revenue is so much augthe two preceding years. Thus the regular increase of mented, though they have, at the same time, considerathe revenue of the Department will sufficiently demon-bly increased the expenditures of the Department. strate its ability, by its future receipts, to fulfil its extensive engagemenis, should no considerable charges be created, for a few years more, in addition to those incident to the present establishment. The annual transportation of the mail, on the 1st of July last, was about 9,531,577 miles in stages; and the whole yearly transportation in coaches, steamboats, sulkies, and on horseback, amounted, at that period, to about 14,500,000 miles. The existing contracts for transporting the mail in the southern division, embracing the States of Virginia, North Carolina, South Carolina, Georgia, and the territory of Florida, will expire with the current year. In the renewal of those contracts, provision has been made for extending stage accommodations over 1,502 miles of post roads, on which the mail has hitherto been carried on horses only, or in sulkies, and on which the annual transportation in stages, will, from the 1st of January next, amount to 278, 656 miles. The frequency of trips will also be increased on 894 miles of existing stage routes, to the annual increase of 138,358 miles; making, together, 984,341 21 an increase of stage transportation of the mail, from the 957,755 50 1st of January next, of 417,014 miles a year. Provision is also made for the more frequent transpor26,585 71tation of the mail on different routes, as follows: 55,539 14 Documents accompanying the President's Message. 51,824 miles a year! 118,456 do. The rules that have been adopted in relation to the conduct of postmasters, placing the investigation of all official delinquencies under the immediate superintend ance of an Assistant, and subjecting them to the strict scrutiny of an able and vigilant officer, has been productive of the happiest results. There are, at the present of time, in the United States, 8,401 post offices; and among that number, scattered over the whole Union, it is not possible to prevent disorders, to the great loss of individuals, and sometimes of the Department, without the unremitted and undivided attention of a competent officer. The duties of this branch of the Department, under its present organization, have, however, been so discharged as to secure as great a degree of confidence in the fidelity of its officers, generally, as could have existed in any former period, when the number was comparatively small. I have the honor to be, With great respect, Making, together, a total increase of 288,638 miles transportation of mails, in a year, beyond the amount of present transportation in that division, besides the improvement of substituting stages for horse transportation. Among these improvements are included, a line of stages from Edenton to Washington, N. C.; from New. bern to Wilmington, N. C.; a steamboat line from Wilmington to Smithville; & a line of stages from Smithville, N., C. to Georgetown, S. C.; all of which are to run twice a week each way. These arrangements will complete the regular communication, by steamboats and stages, between Baltimore, Md., and Charleston, S. C., along the sea-board, by way of Norfolk, Va., Elizabeth City, Edenton, Washington, Newbern, Wilmington, and Smithville, N. C., and Georgetown, S. C.-an accommodation desired alike by the public and the Department. Provision is also made for expediting the mail on many important routes; among which is the whole route between this place and Fort Mitchell, via Richmond, Va. Raleigh, N.C., Columbia, S. C., and Milledgeville, Ga., which line will be traversed in two days less time than at present; so that the mail will run from this city to NewOrleans in 13 days, after the 1st of January next. Allowing the average expense of transportation, by horse or sulkey, to be five cents per mile, and by stages to be thirteen cents per mile, which is about the mean rate paid in the southern division, the value of these improvements, exclusive of the value of increased expedition, will be as follows: Annual amount of transportation changed from horses to To be added for increased number of trips on Making the total annual value of the improve ments, $22,292 48 5,922 80 17,986 54 Your very obedient servant, W. T. BARRY. MAJOR GENERAL MACOMB'S REPORT. SIR In conformity with the instructions of the War Department, of the 7th of August last, I submit the following statements and returns: 1. A statement exhibiting the organization of the Army. 2. A return of the actual state of the Army. 3. A return exhibiting the strength of the Eastern department, designating the posts and garrisons. 4. A return exhibiting the strength of the Western department, designating the posts and garrisons. 5. A general map of reference, exhibiting the relative situations of the military posts occupied by the troops. 6. A statement showing the number of recruits enlisted in the Army, from the 1st of January to the 30th of September, 1830. 7. An estimate of funds required for the recruiting service for the year 1831. 8. An estimate of the expenses of the head quarters of 1,591 20 the Army, for the year 1831. $47,793 02 The contracts have been made for the ensuing four years, from the 1st of January next, including all these improvements, at a sum less than the amount now paid for transporting the mails in that division, by $25,047 87 To this sum add the estimated value of the improvements, as before stated, And the actual saving to the Department, in the renewing of the contracts, will amount annually to 47,793 02 72,840 89 Besides the very considerable amount gained in the increased expedition of the mails on many routes of great interest to the community, the value of which cannot be The Army continues to maintain its character for discipline and efficiency. The reports of the Inspectors General and of the Colonels of Artillery, represent the garrisons and arsenals which they have visited, to be in good order. Since my last annual report, the following movements and changes in the positions of the troops have been di rected: Owing to the threatened hostilities among the several tribes inhabiting the country around the Prairie du Chien, and which might eventually have led to unpleasant consequences, not only to themselves, but to our citizens on the frontiers, a detachment of four companies of the Sd regiment of infantry, in conformity with your instructions, was ordered from Jefferson barracks, to co-operate with the troops already at the Prairie and in its vicinity, in interposing the authority of the United States, and obliging the parties to desist from carrying into effect their In this saving in the expense of the contracts, and the hostile intentions. The appearance of the troops among additional revenue which may be anticipated from the them produced the desired effect, by enabling the com improvements they secure, together with the general in-manding officer at the Prairie du Chien to exhibit a force crease of postages, which is still progressive, will be sufficiently powerful to induce the Indians to listen to the scen a foundation for the belief which has been express-friendly advice which he was directed to communicate ed, that the current revenue of the Department for the to them concerning their own interests, and to respect succeeding year, will be sufficient for its disbursements. the intimation made to them that the Government would well estimated. Documents accompanying the President's Message. [21st CoNG. 2d SESS. not behold with indifference any disposition on their the defence of the sea coast: in the mean time, circumpart to enter into a war that would involve, not only stances may arise which would place us in a very awk. their own immediate welfare, but also the safety of our ware predicament; for, if our strong holds should fall own citizens established near their borders. About the into the hands of an enterprising enemy, bringing with same time, advices were received that a number of un-him the necessary means for completing their defence, authorized persons had entered the country about Du Buque Mines in search of lead, in violation of the laws The same detachment was employed in removing them. After fulfilling that duty, the detachment relieved the garrison at Rock Island, and returned to its quarters at Jefferson barracks. the works will become, instead of our protection, the means of our annoyance. It appears from the report of the Ordnance Department, of November 30th, 1829, that the usual annual appropriation of one hundred thousand dollars would not complete the armament of the new fortifications short of twenty years, while most of the works will have been completed in 1832. Misunderstandings having been manifested among the tribes on the frontier of the Territory of Arkansas, the It was my intention to have noticed, in this report, commanding officer at cantonment Gibson was, in confor- the evil consequences resulting from the allowance of ar mity with your instructions, directed to use his endeavors dent spirits to the troops, as a part of their daily ration, in pacifying the Indians in his vicinity, and, if necessary, but your late order, directing the abolishment of the is to employ the force under his command for that pursue of that portion of the ration has anticipated all my pose. The Indians were informed by him of those in- wishes in that regard. The most sanguine hopes are enstructions, and they yielded to his counsel and advice. tertained that, as soon as the excessive use of ardent The troops which had been previously assembled upon spirits can be restrained, the most happy result may be the frontiers of the Creeks and Cherokees, in Georgia anticipated in the melioration of the physical and moral and Alabama, in consequence of the disorderly conduct condition of the rank and file of the army. manifested among those tribes, and to prevent collisions Respectfully submitted, between them and the white people, were eventually marched into the Cherokee Nation, in conformity with your instructions, to guard against the difficulties which, To the Hon. JOHN H. EATON, it was apprehended, would grow out of the conflicting operations of the Cherokees and the lawless intruders upon the mineral district within the limits of the State of Georgia. Having fulfilled the instructions of the Government, the troops were directed to retire, for the winter, to their respective quarters. In conformity with the appropriation for that purpose at the last session of Congress, preparations have been made for the military occupancy of Key West, and a company of the fourth regiment of infantry has been ordered to take post on that island. Fort Jackson, at the Balize, near the mouth of the Mississippi, having been reported to be so far completed as to be in a condition to receive a garrison by the beginning of January next, a company of the second regiment of artillery has been ordered to occupy it. tower constructed last year for the defence of the Bayou du Prè having been finished, it has, in like manner, been garrisoned by detachments of the same regiment from forts Wood and Pike. The Agreeably to your instructions, two companies of the third regiment of infantry from Jefferson barracks have been ordered into the Choctaw nation; and four companies of the same regiment, and from the same station,have been directed to proceed to the Red river, to strengthen our positions, and to preserve quiet amongst the Indians in that quarter. In consequence of the application of the Governor of Louisiana, the troops stationed at Baton Rouge, and at the posts within Louisiana, had been directed to coope rate with the authorities of that State in suppressing any insurrectionary movements that might be discovered. A battalion of the fourth regiment of infantry assembled at New Orleans, and made a demonstration along the banks of the Mississippi, which produced a salutary effect. Some of the principal fortifications on the sea-board being in a condition to receive their armament, I feel it my duty to bring the subject to your consideration, as they are, at present, without any means of defence, and but little preparation made towards a supply of ordnance and ordnance stores. As the guns required for these fortresses must principally be of very heavy metal, and few or none of which are, as yet, cast, it must naturally require not only large appropriations, but a considerable time, to furnish them. At the rate at which the Ordnance Department is now proceeding, many years must lapse before a sufficient supply can be furnished for VOL. VII--D, ALEX. MACOMB, Secretary of War, REPORT OF THE CHIEF ENGINEER. ENGINEER DEPARTMENT, Washington, November 19, 1830. Srn In compliance with the instructions from the War Department of the 7th August, I have the honor to present the following report and statements, relative to the operations of this Department during the year ending on the 30th September last. 1. FORTIFICATIONS. The construction of the several fortifications enumerated in my last annual report has been actively and successfully continued. Fort Hamilton, in the harbor of New York, and Fort Jackson, at Plaquemine Bend, will, in a few months, be ready to receive their garisons; and the tower at Bayou Dupre, near New Orleans, is completed, and was, on the 31st July last, reported to receive a guard. Of the appropriation for contingencies of fortifications, the balance of last year's appropriation, and about $7000 of that of the present year, have been drawn from the Treasury, to be applied chiefly to repairs at Fort Trum. bull, Connecticut; Fort Columbus and Bedloe's Island, New York; Fort Delaware, Delaware river; Forts South Carolina; and Fort Wood, Louisiana. A small McHenry and Washington, Maryland; Fort Moultrie, portion of that sum has also been applied to defray the expenses of the Board of Engineers for fortifications, and those incident to a resolution of the Senate relative to an examination of sites for an armory on the Western waters, a report on which was presented to the Senate at the last session of Congress. 2. CIVIL CONSTRUCTIONS. 1. Huron River, Ohio.-The western pier at the entrance of this river having been completed, there remains to construct only a part of the eastern pier, about 60 yards in extent, across the outer bar. The depth of water in the channel of entrance has increased to nine feet at the shallowest part, 2. Black River, Okio-At the mouth of this river, about 300 yards of pier work have been constructed dur ing the past year, the effect of which has been such as |