want of legal skill
habitually and constantly employed in the direction of the agents
engaged in the service. It must, I think, be admitted that the
supervisory power over suits brought by the public, which is now vested
in an _accounting_ officer of the Treasury, not selected with a view to
his legal knowledge, and encumbered as he is with numerous other duties,
operates unfavorably to the public interest.
It is important that this branch of the public service should be
subjected to the supervision of such professional skill as will give it
efficiency. The expense attendant upon such a modification of the
executive department would be justified by the soundest principles of
economy. I would recommend, therefore, that the duties now assigned to
the agent of the Treasury, so far as they relate to the superintendence
and management of legal proceedings on the part of the United States, be
transferred to the Attorney-General, and that this officer be placed on
the same footing in all respects as the heads of the other Departments,
receiving like compensation and having such subordinate officers
provided for his Department as may be requisite for the discharge of
these additional duties.
The professional skill of the Attorney-General, employed in directing
the conduct of marshals and district attorneys, would hasten the
collection of debts now in suit and hereafter save much to the
Government. It might be further extended to the superintendence of all
criminal proceedings for offenses against the United States. In making
this transfer great care should be taken, however, that the power
necessary to the Treasury Department be not impaired, one of its
greatest securities consisting in a control over all accounts until they
are audited or reported for suit.
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 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, whe
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