Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-25

Secretary OF any Minister fleuipoton,ar1-, 10
the compensation therein before provided they
shall respectively be appointed by the President
of the United States, by and Will, the advice
aud corsent Of the Senate; but in the recess Of the
Senate, the President is hereby authorised
10 make such appointment, which shall be sub
mitcd 10 the Senate at the next session thereafter.
for their advice and consent; and no compensa-
ton shalt be allowed TO any Charge des af,aircs
or any of the Secretaries herenbefore described
who shall not have been appointed aforesaid"
The committee are Of opinion that, under the
provisions of the before recitcd law the appoint-
ment of Charge DIES AfTairs can only be made by
the President OF the United States, BY and with
the advice and consent of the Senate, (if in ses-
sion;) If not, then, to be nominated to the Senate
at the next session thereafter for their advice and
consent. The compensation, when thus appoint
ed, cannot exceed four thousand five hundred
dollars per annum 90 for all his personal services
and expenses" with this exception, ssthat on go.
ing from the United States 10 foreign country"
the President OF the United States, at his discre-
uon, (Which discretion can only be exercised when
the appropriation is made) may allow AN outfit,
; winch shall in no case exceed the amount of
| one years salary. In the case now under consi-
deration, MIR. King was not appointed by the Pre-.
sident OF the United States with, or without the
consent OF the Senate, nor had he egone from the
cnted states to foreign country" as Charge des
AHires, but was, at the time of the appointment
being conferred on him by the Minister, the act-
ing secretary OF Legation, and in the pay of his
Government as such. The committee will not
cohroyert, (upon the death absence of the Min
ister) the necessity Of the Secretary of Legation
taking charge of the archives, and transacting the
ordinary business Of the Legation; nor would thew
be tenacious of the title conferred by such con.
| urgent agency, but they do deny the right to
SU D' Ior such appointment, when forbidden
by the plain and direct provisions Of the act of
Congress before recited, more especially when no
| appropriation had been made therefor and when
congress was in session at the time the allowance
was made TO Mr. King out of the contingent fund.-
winch iund, Tin the opinion of the committee) was
not subject TO the payment OF salaries and outfits
Oh MINISTERS and Charges-their compcnsations be-
ing specific subjects OF appropriation. If the Com
niee De correct in their construction of the las
long series OF departure from its provisions can
not justify the aci of usurpaton, but, on the con-
trary, calls more loudly for a strict compliance
with them. The committee discard precedents
made In violation Of law, because usurpation to-
DAY, may (and frequently does) become precedent
| tomorrow. They can recommend no rule which
promises more safety than frequently to inquire
into delegated power compare the act done with
,he authority Tor doing 1t; and, in that way crcum-
scribe the agents of the Government (yitbo,,t res
pect TO grade) TO the limits of their authority.
The Committee, from inspection of the records
and accounts of the Treasury Department have
ascertained that much, if not the greater part of
the annual appropriation for the contingent eypen
penses oil all the missions abroad, has been dsburs-
ca TOT the contingent expenses of Ministers and
ShaTges abroad; some of which have been settled
ana others remain unsettled. They have called for,
| and obtained abstract of the accounts settled
Tor the year 1925 as for that year greater portion
oil the accounts have been settled at the Depart-
nent than for subsequent years, which statement
they annex to this port, and marked G.. The Com
hteee VIII again advert TO the before recited aet
Oh congress, IN order to show that, whatever NAV
nave been the causes which superinduced the
practice OF defraying the expenses of Ministers A.
broad out OF this fund, that such practice is with
out regal sanction, and can only be supported by
n in hat f.tNu -
provides for compensation, is that the President
oil the United States shall not allow to any Minis
ter Pienpotentiary greater sum than at the rate
OF nine Thousand dollars per annum, as a compen-
saton Tor all his personal services aud expenses
ihe Committee believe, that it was the intention
OF Congress to fix, in the act of 1870 the salaries
OF Ministers and Charges DIES Affares SO tl,at no.
'hinS should thereafter be left discretion else
why use the strong language :. for all his personal
services and expenses If it was intended only
TO regulate the compensation for personal exnenses
as contradistinguished from official WIN not nro
vac Tor such expenses as were not included in
inc salary! They are of opinion that eighteen
thousand dollars per annnm TO Minister and nine
! thousand dollars TO Charge des Afiaires are am
ply sufficient to cover all tho expenses CONTINGENT
| upon such missions. Ii in this they are mistaken
still, 1t must be conceded that direct legislation
upon the increase OF salary, is preferable TO the
present practice; which leaves to the discretion of
tne department, the extent TO which allowances
shall be made, and which, necessarily must de-
penu upon the naked memorandum furnished by
the Secretary of Legation Believing chat the an.
preparation for defrayiug the contingent expenses
OF all the missions abroad has been expended attbe
discretion OF the Department, and without the au-
.horIy oil law, other than the appropriation acts,
the Committee recommend, in future vyithbo,I;n,,
that appropriation; but if, in the opinion of the
House, the salaries by the act aforesaid are INSULT
cient 70 cover all expenses, then and in that
! to make such specific additions as shall be deemed
apply sufficient.