Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-08-01

lcan citizens having claims under tue British
treaty: that upon the application of these
claimantsfor payment there was no money
the controul of the State Department
that could be applied to their claims; and
that thus the discovery was made of the mis-
apphcation oil the money belonging to these
INDIVIDUALS and OF the consequent necessity
Oh the intervention OF the Legislature to ex-
tricate the Executive from It's emtarrass
meats.
Had Mr.. Erving been directed TO have Maid
himself out of the :" expense account" then.
ihueee' an application to Congress weuld no,
nave been necessary. In that case, without
,heir interpositon the executive could OF IL
sell nave managed the affair But the result
as to our Treasury, would have been precise
~ the same: and for this plain reason: II
NS Madison had directed the payment to
Rvf been made out of the a. Expense ac-
S4nt' then from themoney received by Mr..
EEy"S Oh that account and paid into the
TaSury' there would have been deducted
3y hiin' previously to such payment into the
FcaSory' the sum Of %, 500 dollars But as
ne ehd not direct the payment ont of that
tunc, and Us of COURSE the whcle sum WAS
PAID by Mr.. Ewing into the Treasury with
out any such deduction, the 22,S92 dollars
nave Tor his account, been taken out of rhe
Treasury. ~
In the two cases there is but this difference
tJo'm. In the one case, the % 500 dollars
instead OF having been put By MIR. Ervinv into
the Treasury, would have been retained nv
MN. In the other case, the money, instead
OF having been retained by him, has been fur
iiim drawn cnt OF the Treasury.
whenever Mr. Erving's letter of Scptcm
per snail be produced, it will probably be
OBVIOUS to every person that this article a.
/
merc-atter-thought. and has been resorted to
Y RePnly means OF inducing the acouies-
cdde q congress, who, from the papers sent
10 'henS must have imagined that the sub
Ject before themswas nothing but mere
tning OF form as to Treasury arrangement
OF accounts. !
The appropriation of the %, 500 dollars,
as passed in this case, was in farm, ostensi-
Oily TO discharge claim OF Mr. Erving, who.
IN truth as the treasury books shew, had be-
lore been paid, and who had, in fact, no claim
upon the government for any such sum. In
SUBSTANCE, this appropriation was todscharge
e,a'ms under the British Treaty, and to sup
ply money in the place of the Legitimate funds.
received from the British government. that
mad been misapplicd by Mr. Madison.
The explanation by Mr. Madisor,'s friend
OF ms motfves for granting to Mr. Erving this
sum OF money, is, that he was not permitted
ny the Board of Commissioners to have the
ofhce of Assessor" inasmuch as that an
pcintment belonged, not to the President bnt
to the Board, and that consequently he did
not receive the commissions attached TO that
ONCE. IL is to be regretted that this review
er mad not condescended TO little more pre-
cision, by stating, whether thesescommissions
OF tAf assessor mad been paid by the United
State AOf by the claimants under the treaty
fbSat,l L., Il.
paid tVee in each of the several cases to
Mr. Cabot, who performed the services; and
again to Mr. Erving who performed no part
Of them.
Ii by the latter; then has this government
paid large sum of money to an individual.
who had not performed the required services
and who had he performed them, wonld not
have been paid by the u s. but y the clai-
mants under the treaty.
In revertiDg to the letter, which pave ta
Mr. Erving the three several Offices at that
time held by Mr. Williams, Mr. Lenox and
MI cabot, Mr.. Madison must have perceiv-
Gu mat lor the three agencies, he was only
10 receive from the United States compen-
salion at the rate OF 1000 dollars per year
IA al, without any intination as to couui,
Sons. And it is well known, that no sylqry
oiicer appointed by this government can. un-
less specially authorised, demand additional
emoluments IN the form of commissions 81
theE5om the public or from any citizen of
the States. And that this special author
ity S&fceive commissions cannot be given
even by the executive. jim any case of salary
having been annexed to tine office by an act
OF Congress. Mr.. Madison is duly sensible |
that such special authority is never given. |
out when the stated Compensation has been
created by the executive, and that IN this |
particular case, it in fact was not given. In |
TINS view, then, of the subject it is apparent |
that the grant of the 90, 500 dollars was nm, |
wing never could have lightfuily received. II |
was reaity substituted for non-entitv.
Mr. Madison's friend has, with rnosfi,n-
posing aiiectation of triumph, asked. shv |
qua not pursue my enquiry and discover what
would nave gratiiied an honest Secretarv.ofl
oeate, that a great unclaimed surplus fsav
loO'oOO dollars) still remained in the Treast-
ly. lhe confident; and COMMANDING style of
TINS interrogatoIy would naturally incline
ny person to believe that IN the n;cnth Of Dc
cember, 1909, when had stated there was
not any money under my control TO tlischarge
the claims under the treaty, there was. nc
yeftheiess, the large sum Of 100000 dollars.
ms inslnuation IS utterly without foun,a
ton. '''"
~ notorious fact, and indeed il ap-