Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-03-22

must still have them, and pay themselves for the III
irectness of the trade, while their ships excluded
rom the trade to this country, giving both tue OUT
v ard and home freight
shall refrain from following the gon,lenans COM
neus upon the power OF the Presidents patronage as
specihed III the appointments Office aud dsburse-
meDts of the public money. IT has before been sta
ted aud, believe, roiy, that there but officer
IN the government which the President has the
absolute power of apPointnent-the Librarian Of Con
gress And the payment of salaries judges of coure,
under the laws of Congress, upon contracts taken
by friends or foes, upon the lowest bids, cannot be
very powerful engines Of Influence.
will as briefly may be, bestow n passing
tice upon some Of those more direct charges aeg-
ed against the President himsef-amopg the highest
OF which, one 10, that, previous 10 his electiou
minister TO Foreign Court, he bad illegally Pock-
eted $4,000 OF the public money. This is the allie
gatiou 10 term ms made by the gen eman from Penn
sylyania Mr.. Buchananj and in proof of which lac
ks, he must be allowed to Offer the argument of
lawyer. should not have designated the argu
ment. The facts out of which thus charge has ari
sen, theses while MIR. Adams was minister at ST
Petersburg, in April. 1919 he received from MIR. Ma,
di'on tue appointment OF minister extraordinary. TO
negotiate with Great Britain, under the proGered me-
dia,ion of Russia, which resulted in the meeting at
Silent, and at the same time, reccvedS9 900 outfit
for that purpose. by virtue of the law of Tie States
OF May LIST, 1870 which authoizes the President
the U. Stares to allow minister plenpot entiary,
on going from the u. States any foreign country,
an outht which shall in exceed one YEARS. full
salary &c The gentleman contends that this descrp-
ton OF the person who may receive, is intended to
coniine the grant to those only who actually sail the
tme or travel from the u. States. There might be
something more Of pausibility in this if the outfit were
gwen TO defray such charge; but is given for extra
charges at the SQUIRT where, end not at the place
whence, the minister goes, and, in legal contenpla-
ton, surely every minister appointed by the u States
b MINISTER going from ihs country TO the foreign
court.
Congress, after the mission made an appropriation
osbut 800, 10 supply in the fund the amount paid
70 hr Adams by the Presidents order and the comp
n lIDrf nh rpoI H. q
ded. Upon this, Mr.. Adams wrote to Mr. Monroe
on the ed OF August, IS /, Of Which letter give the
following extract:
81 should certainly prefer to sacrifice both the right
anu property rather than it should be made the ocoa
sion of controversy between the Executive md the
Legislature: neither IL II my disposition to insist upon
any thing IN the form Of compensation for public
service, which the Legislature full considera lion
OF the circumstances, should think unroas ona BILE -
hut, If the Legislature considered the necessary in
crease OF my expenditures, by the extraordinary
mon uuder the Russian mediation. suoienly compen-
sateo ny the allowance OF half an outfit, they will
family perceive that the mission which has broup M
upon me the extraordinary expense Of Journey 900
miles distant from my residence in Russia, and the
extraordinary charges incident 10 my situation here
without relieving me- to state the fact as il is and
must oe from dollar ut my necessary expenses at ST.
ieiersouTg, has given me fair claim to an outfit e.
guar 10 either OF my colleagues state the fact with
perfect conviction OF my ability prove it, that the
extraordinary expenses for which an out G is allowed
taxing The two extraordinary missions together, have
necessarily and Unavojabiy folen more Heavily upon
me, than upon either of them Besides the whnie mt
"i'o'en ulefn, they are now receiving, members
OF tiis nHs'on, salary the same as that allowed me
while am subjected all the same expenses that te,
are hare, aud am still burthcned ,ri,h .hoso ~ =,
denca in Russin.u 100
MIR Adams did not return to the United State,
un0' l"l7. In his letter TO Mr.. Monroe of Nav
23, 1922, he observes
"ihat, during eight years Of absence from tho
United States upon six joint separate missions, /
regularly transmitted to the department of state nv
account made up 10 the end of every quarter of the
year, all by duplicates: that all these accounts were
ou5 received at the department. and that the
10 winch charged for the outfit on the mediation
MISSION, and gave credit received from Captain
Lloyd Jones, was made up 10 the Goth of September
1918, and forwarded immediately
Ii is admitted that every precedent in every sim;
Jar case, Justites the construction which President
"aa'son gave to the law in this case. The same was
neu' 10! only theoretically, but particularly by that
distIngused rist Mr.. Pinkney who actually racei
ven lie same IN ms mission to Naples and ST. Peters
nnrg On the orh Of June, the attorney general Mr.
-" = answers an ioqnry Of The President, in the fol-
owing terms:
after careful consideration Of tho case of Mr. Ad
ms which you have submitted for nv opinion i,inl,
nm clearly entitled to the whole outfit which wa, al
ov ed aud paid 10 him by the President out of the fund
acea oy law, al his disposal for this purpose. think
VII. Adams view of the subject unanswerab!e The
lneson OF outht Is given 10 the President excIusvel
o "''nout htn save only lie Is not TO exceed whole
Saary' 10 the present case, he kept within this
~" NSS'o''b IrreyOCabIP he
eiuSa OF congress TO sanction the allowance is whole
mma'erai TO ihis question. Their sanction was no,
10 consuinnate either The power Of Tie Presi-
ien' or the right of Mr. Adams. They were both r.r
SCI Without 1t They stood upon existing laws acting
IN an existing fund.- not thereafter 10 be called int, -
nS oy vote OF Congress. Had the latter been the
'sse' my opinion would have been different Were an
'owance OF outfit nothing more than an estimate n,
'hfen oy The PRESIDENT TO be laid before Congress-
win tho view If leading is an appropriatiop on, %,
'hicb was 10 be paid then congress would have tho
ohfoi OF Tie sobIect and their refusal TO appropriate
you'd oVer-ruie the President But the fund for for
so intercourse IS, understand annual fund out M
.pn ' expenses OF that intercourse paid and il
vas from this fund, thus placed at the disposal of the
resident, that tie outfit allowed TO Mr.. Adams was
FaWn and paid; aud consequently, that no appropra
ION WIS necessary 10 give the Presidents SECESSION ef
eel Ibe allowance having been thus regularly made
no PAID consider the subject placed beyond tho
each OF recall either by the President, or Congress.
would be extremely unjust and cruel were i. other.
use an allowance is regularly made to a FOREIGN
nsler on the express ground of its being
Inc additional expenses which he must encounter in
10 new mission. He accepts the mission, and encoun
sra The expense on the faith Of the allowance made and
ana to him by the Presidents and when tho business i,