Portland gazette and Maine advertiser., 1811-08-12

deROminatiOn--thAt it matters not, what th'
find may be called out Of which the pay
ment may have been made, and that, there
fore, this affair IS not, as the Review we
| would insinuate, O mere nldffer 81 fotnt
IL, substantially appears hat Mr.. ErFing
whose term Of service was about four years
did, at the expiration Of about three Jeari
thereof, conceive that he was entitled 4
%. 392 dollars in addition 10 his salary o
2O00 dollars per year that this additions
compensation has in fact been allowed
him that he was authorised by Mr. Msdi
sons private letter Of Nosemher to retain
IN payment thereof money in his bands be
longing 70 certain American citizens hAs
ing Claims under the British Treaty +: that
upon the application of these cIainants for
payment there was no money under the con-
| trout OF The State Department, that could
be applied to their claims and that thus
| the discovery was made Of the misapplica-
ton ofthe money belonging TO these iudi.
| viduals and of the consequent necessity Of
| the intervention ofthe Legislature to exiri.
| cate the executive from its embarrass-
ments.
Had Mr. Ewing been directed to have
| paid himself out of The expense aceoua ],
then, indeed, an application TO Congress
| would not have been necessary in that case.
without their interposiiion the Executive
cosld of itself have managed the affairs.
But the yesuh as TO our Treasury, would
have been precisely the same and fJr this
| plain reason Ii MIR Madison had directed
| the payment 10 have been made out of the
Expense account then from the money re.
/ ceived by Mr. Ewing on that account and
| paid into the Treasury, there wo,fid have
been deducted by him, previously 10 such
/ payment into the Treasury, the sum Of
/ S 1882. Bat as he did not direct the pay
metz Out Of that fund, and as Of course the
while sum was paid by Mr.. Ervlng into
the Treasury withour any such deducton,
rhe 22,3g2 dollars have, for his account,
been fasen outof The Treasury.
! In The fwo cases there is bur this differ
I ence If fopt. In the one case, the %. 500
! dollars, instead of IAving been put by Mr.
/ Ersing INTO the Treasury, would have been
renamed hy him. Ia the OTHER case, the
money, instead Of having been retained by
4 BIN, has been for him drawn our Of lte
Treasury.
Whenever Mr.. Ervihg's letter Of Septem-
Der shall be produced, It will probably be
\ obvious 70 every person that this artihce a
boat the expense account has been mere
! er-lhnughI, and has been resorted 10 as
I the oliy means of inducing The acqulcscence
! Of CoRgress, who, from the papers sent 10
4 them, must have imagined that the subiec
before them was nothing but mere thing
! OF torm As 10 Treasury arrangement Of &C
/ counts.
The appropriation Of the % 500 dollars,
as passed IN this case, was in farm ostensi-
bly, % discharge claim of Mr.. Ewing,
who, IN truth, as The Treasury books shew,
has before been paid, and who had, in fact,
no claim upon the government for any such
sum. In Substance, this appropriation was
| to discharge claims under the British Trea-
| ~, and to supply money IN the place of the
legitimate fuHds, receives from the British
government, that had Ueen misspplied b.
/ Mr.. Madison.
The explanation by Mr.. Madison's friend
! ct his 0lshves for granting TO MIR. Ervng
this sum OF money, is, that he was not per-
mItted by the Board Of Commissioners to
have the office of" Assessor" Inasmuch as
that appointne Mt belonged. not to the Pre-.
stdent, but TO the Board, and that conse-
| quently, he did not receive the commissions
attached 10 that office. Itisto be regretted
that this reviewer had not condescended
TO little more precision, by stating, wheth-
er these commissions Of the Assessor had
been paid BY the u. States or BIZ The claim.
ants under the treaty.
Ifby the former, then has this govern
meat paid tyUirc in each Of the several cases
Ito Mr.. Cabot, who performed the seryi
ces !; and again to. Mr.. Ewing who Derfor.
med no part of item.
lfby the latter; then has this govern
ment paid large sum of money TO an indi
vIdual, who had not performed the required
services, and who, had he performed them
would not have been paid by the Unit led
States, but by the claimants under lie Urea
~.
In rever;ing to the letter, which gave &c
Mr.. Erving the three several offices az chat
time held By Mr.. Williams, Mr. Lenox and
Mr.. Cabot, MIR. Madison must have percei
we'd, that, for the riyee agencies, he was on
ly to receive from the u. STATE, compensa
ton at the rate OF 1000 dollars per year !,
az, without any intinlatlyn as 10 commits
sioas. And il il well known, that ~ saiart
officer appointed by tins governments can
uniass specially authorized, demand add
tional emoluments in the form Ut commits
sions either from the public or from any cit
izen Of the u. States. And that this sps
clal authority 10 receive commissions can
not BE gwen even by the executive in IN,
case Of salary having been annexed 10 the
Office by an act Ut congress. Mr.. MAdisOr
IS duly sensible that such special authos,t,
is never given, but when the stated cvmpen
\ ---------------- -