Delaware journal., 1828-03-11

Is IL ~
insist upon any thing in the form of compensation
for public service, which the Legislature, on full
consideration Of the circumstances, should think
reasonable. But, fthe Legislature considered the
necessary increase of my expenditures, by the ex-
traordinary mission under the Russian mediation,
sufficiently compensated by the allowance half an
outfit, they will certainly perceive that the mis-
sion, which has brought upon me the extraordinary
expense of journey 1000 miles distant from my
residence in Russia, aud the extraordinary charges
incident to my situation here, without relieving me,
to state the fact as it is and must be, from dollar
OF my necessary expenses at st. Petersburg, has
given me Fair claim TO an outfit equal to either Of
my colleagues. ! state the fact, with perfect con-
vcton of my ability to prove it, that the extraordu
| ary expenses for which outfit is allowed, taking
the two extraordinary missions together, have
sarily and unavoidaby fallen more heavily upon me
than upon either of them. Besides a whole outfit
| allowed them, they now receiving, members
| OF this mission, salary the as that allowed
me, while | am subject to all the same expenses
that they are here, and am still burthened With
those OF a residence in Russia"
| Mr. Adams did not return to the United States
until 1917. In his letter to Alr. Monroe, OF May
20, 1922, he observes
''rhat during eight years of absence from the
United States, upon six joint or separate missions,
regularly transmitted to the Department OF State
my account. made up to the end OF every quarter OF
INC Jedi. dh ny lHdt tuest dCCouHtS
were duly received at the Department, and that the
account in which charged for the outfit on the me-
diaton mission, and gave credit as received trona
Captain Lloyd Jones, made up to the SOth Sep
tember, 1918, and forwarded Immediately"
1t Is admitted that every precedent, in every SIM
liar case justifes the construction which President
Madison gave to the law in this case. The same was
held not only theoretically. but practically BY that
distinguished iurist, Mr.. Pinkney. who actually re-
ceived the same, in his mission to Naples and St.
| Petersburg On the 5th fJune, the Attorney Cen
eral, Mr. Writ, answers an inquiry of the President
in the following terms:
i "After careful consideration of the case of Mr..
/ Adams, which you have submitted for my opinion
think him clearly entitled to the whole outfit which
allowed and paid to him by the President, out Of
the fund placed by law at his disposal. for this pur-
pose think Mr.. Adams's view of the subject
answerabe The question of outfit is given to the
President exclusively. and without limit, only
he is not to exceed whole years salary. In the
present case, he kept within this limit and his de-
clsIon was final and irrevocable. The refusal of
Congress to sanction the allowance, is wholly mma-
teria to this question. Their sanction was not ne
cessary to consummate either the power Of the Pres
dent or the right of Mr. Adams. They we're botis
perfect without it. They stood upon existing Jaws.
acting on an existing fund, thereafter to be called
8 into being by vote Of Congress- Had the latter
been the case, my opinion would have been dlf-
: than an estimate prepared by the President, to BIZ
laid before Congress, with the view Of leading ttan
e appropriation out of which it was to be paid, then
Congress would have the control Of the subject, ana
their refusal to appropriate would overrule the Pres
: dent. But the fund for foreign intercourse is,
+ understand, annual fund, out of which the ex
penses OF that tercOuvse paid and it was from
: this fund.- thus placed at the disposal of the Presi-
t dent, that the outfit allowed to Mr.. Adams was
: drawn and paid and consequently, that no apprr-
priaon was necessary to give the Presidents decis-
ion effect. The allowance having been thus regularly
is made and paid, consider the subject placed be-
yond the reach of recall, either by the President CT
VI Congress-. 1t would be extremely unjust and ct'i-
e ell were it otherwise. An allowance is regularly
: made to foreign Minister the express ground
is OF its being necessary to the additional expense
IS which he must encounter in his new mission He
accepts the mission, and encounters the expense
the faith of the allowance made and paid to him by
i, the President, and when the business is all over.
and the expenses have been incurred and paid, he
told that he must refund one-half Of the advance
am persuaded that no court of justice would toer.
}, ate this; and will barely suggest in conclusioi,
that, if you think otherwise it practicable max
n the experiment, by ordering suit against Ar
Adams for the alleged balance in his hands, to whie
', l dare say. be would make no objection but you
n will not understand me advising this course iur
81 am thoroughly persuaded that the suit would fall
e And the following is from Mr.. Monroe's letter 10
e MIR. Adams:
i'll " Mr.. lrvne's appolntmet to Spain involved tho
it same question 1t was wished to reserve the poYs
for deliberate consideration than could be Dr.
d slowed on it when the letter of March 18th WAS
J. written to you. have now the satisfaction to IN.
is form yon that the subject has been maturely wegl
ed, and that the result has been in favor ofthe o
ht on the principle that those restrictive terms
1T applicable to Ministers already in Europe, are tt,
ID further So than to confne the allowance TO tliri.