Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-03-14

means, was not important. Mr.. 5. entered
into variety of statements Of the estimated
cost -ofthe various Notifications now erecting
and of the contracts already made, to shew
that this sum was necessary, and would be
sufficient.
Mr.. Baldwin was DESTROYS of knowing, il
the appropriation was limited to the sum of
SOC, 900 dollars, what was to be done with
the contracts which bad been made, and I'M
der which larger sum wouId be necessary.
Unless it could be shewn, that contracts
made by the Executive are not binding on
the government, he should be in favor OF
filling the blank with the sum estimated by
the proper authority to be necessary. TO
bring this question fairly before the House,
he moved TO I'll the blank With that sum,
viz. SOC, 900 dollars.
Mr.. Clay did not concur, he said, in the
idea that any contract made by an officer OF
the government was binding on Congress.
If contracts were made, for example, tor the
erection OF Notifications where they were
not wanted, was the government bound to
execute the work Certainly not. They
might take back the contract, paying the
other party all damages and cost he may
have sustained by the annulment OF the con-
tract So far from enlarging the appropria-
ton, he would rather diminish it. The bet
ter way. he thought, would be to Eli up the
blank with four or FIVE hundred thousand
dollars If, in the course of the session, the
state of the Treasury, or the aspect of the
times. should justify the appropriation of
larger sum, supplemental appropriation
might be made. The contractors, he said,
gentlemen might rely on it, would not throw
up their contracts because less amount was
allowed to be expended within a given Pc
rio1. They would be content with half
million of dollars Let US, said Mr. G.. hold
on to the strings until we get farther
into the session, and see what is to be done
in respect TO the ways and means.
Mr.. Williams, of N. C. said, that he, for
one, did not acknowledge the right of the
Executive officers to make contracts which
would anticipate the revenue, and paralize
the operations of the government. They
had right, he admitted, to make contracts
under appropriations actually made by Con.
gress, but to no greater amount.
At this stage of the business the proceed
ings of Wednesday terminated.
The debate to-day was resumed.
Mr.. Smith, of Md. took historical view
of the legislation of Congress on the subject
of Notifications, TO shew under what autbo.
rity the Executive had heretofore proceeded
in the erection of Notifications. In 1794 a
law had passed authorising the sfortfy ing,
from time to time, OF certain points therein
mentioned. In 1873 the President was au-
thorized to erect Notifications in any other
place that the public safety may require. Ia
1908, the President was further authorized
by law to complete the maritime fortlfica-
tons, &c. No other positive statute existed
on the bject but the President of the U.
S. under his general powers, had caused for
ti6casEeas lsSsessrected at certain points,
and ssSsd sanctioned it by success
siye appropriations. With respect 10 the
later notifications, under resolution of
Congress, the maritime coast had been sur
veyed. with view to its complete tortifica-
ton the report of the Engineers was laid
before Congress, with plan OF Notifications
indicating those now contracted for, and
stating the sum which. under this view,
would be necessary ior the current year
That sum was appropriated by Congress,
who thus sanctioned the propositions and
the Executive had, in pursuance of this in
timation of the disposition of Congress, d.
rected the works 10 proceed, &c.
Mr.. Mccoy rose to ask favor and to en-
ter protest. The favor he had to ask was,
that gentlemen who were for keeping in
service large Navy, standing Army, and
other expensive establishments, would not
attempt more than the resources Of the coun-
try would bear them out in. The protest he
had to enter, was against the pract &c OF per-
hitting the Heads of Departments TO legls-
late for Congress, and to pledge the funds OF
the government to any extent, at their plea
sure As a general principle, contracts
ough; not to be made by officers OF the gov
eminent but under the authority OF law.