Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-12


break the law which previous legislature
had ordained. 1t was their duty to obey them
"a duty from which even tyrants did not
claim exemption. To press such point
would be unnecessary. 1t came home to the
| feelings and cOnsciences Of ALL The acts of
Congress were the supreme law of the land.
BY those acts certain duties devolvcd upon
the Executive as the agent of the nation. The
gentleman from Vermont Mr.. Mallary) had
commended that no expenses should be incur
red without the authority of law, and resort
ed to the constitution TO sustain him. But
MIR. ). would observe, that the law creating
the DUTY that incurs expense is one thing, and
the law winch authorizes an appropriation Is
another. This distinction might have saved
the gentleman from his constitutional alarms.
The constitution had reference to appropria-
lons-not To the creation of expenditures
II provided,and most wisely and correctly too
that no money should be drawn from the
Treasury until law authorizing the appropri-
alton had been duly enacted. But would ii
be said when the law made it the duty of the
President to incur certain underlined eXpen-
ses, and prospective estimate, from mistake
| or unforeseen casualty, was not large enough
to meet it, that therefore to incur the expen-
ses was Illegal, or to provide for the deficit
was unconstitutional Would it be said, that,
because the House of Represcntatves, for any
|
prlation what they had made it the duty Of
the Executive, by previous acts, to incur, that
therefore the Executive was absolved from
MS oath, and the accustomed functions OF
government should cease? Suppose the law
required the maintenance of Il military estab-
llshment, the annual cost of which was mill
lion of dollars This law the President is bound
to execute;b but the Congress thinks propcr,on
a particular OCCASION, TO appropriate but
for Nh.t .,l..,I
then be done Shall the President dishand the
army or shall he execute the law, and look
10 the iaith OF a future Congress TO redeem
not ms pledge, but their otcn? FaIlacious,
th ereiOre, IN the extreme, was the idea that
the law did not justify Il cal! for an appropri-
atlon to supply previously authorized cxpen-
diturr. II carried into effect, the doctrine
would amount To this, that the appropriation
should always precede the expenditure. In
respect To this doctrine, he would remark that
1t had become an established usage of Com
Sress to make up past deficiencies by suisse.
quent appropriations. Nor did he feel any
alarm from snch course. He deemed it
correct, salutary, and consistent with the
soundest principles ofpublic economy.
Mr.. >. here entered into detailed exa-
mnatlon 9th laws that had been passed du-
rng the administration of Presidents Adams,
Jefferson and Madison, and Showed that ap-
made from time to time, and for very large
amounts. In the earlier periods of the go
nerhinent they We're unknOwn-,Ind why ?
The answer was obvious. The confidence in
+ the Executive was so unlimited and profound
that the appropriation always exceeded the
possible disbursement. In latter times less
degree OF confidence had been reposed But
should the doctrine prevail that no subsequent
appropriations shall be made to cover de-
tlclenccS. what will he tba
The Secretaries of the departments will be un
der the necessity of making out their estimates
at % per cent. above the probable expendi-
tlire, In order to provide for possible contin-
gencies. If they did not do it, they must inc
vitably find themselves not unreuuently
IN the embarrassed and unenviable situation
oil having made contracts without the ability
10 Pefi0riA them Frugal appropriations, and
the making up of defcits, were acts that must
always so hand in hand. Such was The case
al the TIME alluded TO by his colleague, (Mr-
Randolph,) when that gentleman was chair
man oil the Committee of Ways and Means
Economy was then, as now, and ever, his oh
Ject. But the Journals will sIlew. that at thai
very t'ne, very large appropriations were sub
SequenlIy found necessary to meet those eX-
penses, FOR which the proper estimates were
found inadequate. Here Mr. S. cited from
the books various acts that had been passed in
relation to the subject, and Showed that more
than half million had been granted TO supply
The dehclts of three appropriations. He also
examined similar appropriations during the adj
lnlnstratIOn of Mr.. Monroe and Showed that
the practice had obtained down TO the very
last session of Congress. 1t had become a
thing OF course and il was well understood
mat the more ample the appropriation, the
smaller would be the deficit Nor could there
De doubt that the system was correct HoFv
your agent double the sum he weuId proba-
bly, want to perform given ervice-or would
you make hun "A more limited outset and sup
ply the deficiencies by subsequent appropria-
IONS But, whether the appropriations were
early or late in point of time they must he in
4 evitably made. The agent acting within his
instructions, is not bound by the contract he
may makein behalf of his priDcipa-but the
principal IS. And if the agent had authority,
although he mightabuse his trust, vet the prin-
ciPal must perform the contract, though he
may punish the agent. His colleague (Mr.
HaudoIph) had, on a former day, made com
parlson of the expenditures under a former
/ Secretary of War, (Gen. Dearbornl and the
present He would soon recur to such state
! ments as would shew ON which side the adj
| vantage lay when a comparison was made
\ Yet he could not forbear To note that the Grsf
| Congress of the United States set an example
| IT placing confidence in its Executive officer.
! > ch confidence was always salutary when it
was not mlsapplied in its object Two millions
oil money were at one time placed in the
hands of Mr.. Jefferson, with no other stinu
latlon than that he should account for If after
had been expended. And he would now fear
lessiy ask, whether this Congress was afraid
to trust The Secretary with one twenty-eighth
part OF the sum which had then been entrust-
ed to The Executive With respect TO the