The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-04


| section apportions the rations to the differ
ent grades of officers, and allows "to the
commanding officers of each separate post,
such additional number of rations. as the
President Of the United States shall, from
time to time, direct. having respect to the
special circumstances of each post" Ibey
the ttouse to attend that the words are
such additional humber Of rations - and
set 1t is in proof, before the House, that Bril-
gadier- General Wilkinson has received a
considerable SUM of money. to wi. SI.43S
10 cents for SO extra rations per day, whilst
commanding at Natchitoches and at New
Orleans. Whilst at the latter place, he has
also received an allowance of 600 dollars for
I quarters, stabEng, cec." said allow
ence, both as relates to rations and quarters,
being prohibited by the law of the land.
| know that the allowance has been made I'M
asr very high authority, no less than that
OF the attorney -0eucrai ofthe United States
under the sanction ofno less an opinion than
| his.
Mr.. Randolfh said it did not behove him
90 enter into ;constest with gentlemen lear.
ned In the lsw as to the exposition of the
law; much less the attorney general in a
case susceptible of being so put that differ
ence OF opinion might arise under it. But
where the case was such that a difference of
opinion could not take place where the terms
OF the law were attended To, he should with
great difference, as representative of the
people, not only think himself entitled to de-
cide between that people and the admins
tratlon tor them, but chat he was solemniy
Dound by duty to express such an opinion =
And he felt himself warranted in what he
said by perceiving that the attorney. general
III giving that opinion had not correctly APP
Prehended, because he had not correctly sta :
ted the law. 1t has been said that Homer
himsaif semetimes'nodded; and person e.
ven OF the first abilities and legal research
pressed by a multitude of business, might
MAKE axe. An oversight i:iasInjfoii AS in tine at
torhey- generals opinion the word tadsitfon-
az preceding the word "rations' in the law,
was omitted lie attorney geneI al y cknow-
iedged the force of the 4th section of the law
cutting off the com ander in chief from anv
other emouments, but said, "Io put a lust
interpretation on any clause contained in
statute, You must look beyond the insulated
section. The entire act must be taken into
| view, and such a construction formed as will
give effect 70 every part'' Mr. r. further
quoted the h'1nted document. "The allow
ance made TO General Wilkinson is not in
nus capacity OF brigadier General but in
ms quality OF commanderof a separate pest
by the 5th section of the act above mention
ed the PRESIDENT is authorised to allow to the
|
onaf number of rations as he NAV from time
TO time think proper to direct, having res
pect to the special circumstances of each
post Now surely the force of this term
additional" must have been overlooked by
the attorney general in this particular case.
10 man to whom rations are allowed by
law you may allow additional rations. But
can you allow additional rations TO a man
who is expressly prohibited from receiving
oil Il
man whose compensation is ixed by law,
and who is precluded in the act itself from
receiving any farther compensation! To in
Terror ofhcers commandment separate posts,
additional rations were by the law contem-
plated to be allowed, and for reason ex-
Plained IN the act itself. But it would be
recoiiected that the commander in chief al
ways mad separate command. The law
contemplated that by having separate COM
| mand, Incidental things as to inferior officers
CUT inaefaraole as to the commander in chief,
'hey might I've compelled to entertain com
pany and go into expenses which their nav
would not warrant and thefore in such
cases additional rations had been allowed. I1
my construction of the law be not correct.
SAID he, words have lost their meanine !:
terms nave no longer any Specification s, We
ieSiSlate mere TO no purpose Whatsoever.
Ana the force OF this thing will be made
more apparent when we come to consider
that 1t is stated by tho accountant of the War
department that coils. Freeman and Cushing
received "addifonok rations," ag,eeablv to
Jaw, tor commanding at Natchituohes and "
orleans, for the same period of time which
an allowance was made to the commander in
Chief at the same places. So that even If his
construction was incorrect, If sOhite convey
ed the idea of black. if right was zuronr, if
Traditional" signihed su6sfractional, still
Mr.. Randolph said that the law had been
completely executed quo ad hoc the moment
the President had authorised additional "a
tons 70 coils. Freeman and Gushing for com
mapdiDg at Natcbitoches and N Orleans
hese were things which he thought il his
duty to state to the House If they were
not true, it they were not as evident as the
lights burning before his eyes, then the house
would say 50, would deny the fact / could
go Oh further and state a great many other
illegal grants equally clear with this. will
state one more. 1t is stated in these doc
uments. To be sure it is petty affair AVID
one which would not have brought before
this house, if were not compelled by sense
Iof duty. IL is an allowance of S47 al for
part ray, subsistence and forage from the
10th March, 1902, TO the 31st May follow
Iing--made how |? p" BY an arrangement; ofthe
War Department." Now on the 10th of