Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-02
MESSAGE FROM THE

e.
a'ng to the Direct and Contingent expenses In our
intercourse with Foreign Nations.
TO the Senate and House Of Representatives:
lind IL necessary to recommend TO Congress a re
sion ct the laws relating TO the direct and
expenses Of our intercourse with Foreign Nations and
particularly OF the act Of May ls 1910, entitled an act
fixing the compensation Of public Minister'S and Of Con-
sus residing the coast OF Barbary, and for other pur
poses"
letter from the Fifth Auditor Of the Treasury 10
the Secretary OF State herewith transmitted, which no.
tees the difficulties incident to the settlement of the
accounts Of certain diplomatic agents OF the u States
serves to show the necessity Of this revision. This
branch OF the Government necessarily called upon 10
sanction allowances which not unfrequeny appear to
have just and equitable foundations in usage but which
are believed to be incompatible with the provisions Of
the act Of 1870 The letter from the Fifth Auditor con.
tins description Of several claims OF this character
which are submitted to Congress the only tribunal
competent 10 afford the relief which the parties con-
slider themselves entitled.
Among the most promn mt que stions of this Jescrin
ton, are the following:
l. Claims for outfits by Ministers and CHARGE III
d6dires, duly appointed by the President and Senate
The act OF $780, regulating the expenditures for Fo.
reign Intercourse, provided, that exclusive OF an out
ht which shall. in case, exceed one years full saa
ry to the Minister Plenpoentiary Charge des Al.
iaires, TO whom the same may be allowed; the Prcsi-
dent shall not allow to any Minister Plenpo entiary
greater sum than at the rate Of nine thousand dollars
per annum, compensation for all his personal services
and other expenses; nor greater for the same
than four thousand five hundred dollars per annum TO
Charge des Affairs" BY this provision the maxi.
mum oia'lowanee only was fixed; leaving the question
as to any outfit, either in whole in part TO the dis.
erection Of the President to be decided according TO cir
cnmstances Under it avarety OF cases occurred, in
which outfits, having been given to diplomatic agents
on their hrst appointment, afterwards upon their he
ing transferred to other Courts OF sent upon spe caI
and dist net missions, full half outfits were again al
lowed.
This act, will be perceived although it fixes the
maximum OF outfit, il altogether silent as 10 the cir
cumstances under which outfits might be allowed. in
deed the authority allow them at all is not express
incius MIA Iu
ing the amount This limitation continued to be the
only restriction upon the Executive until 1916 the act
OF 1870 having been kept in force till that PERIOD by
hve successive re-enactments, in which is either
referred to by means OF its title, its terms are re-
peated Usr6dti In 1910, an act pa sed wherein the
phraseology which bad been in for twenty years
is departed from. Fixing the limits precisely
to the amount OF salaries and outfits Winters and
Charges, as had been six times fixed since 1890: il
differs ON preceding acts by formally conveying
authority to allow outfit 10 " Minister Plenipoien
tary or Charge des Afares on going from the United
States to any foreign country" and, in addition to
ms specihca'ion OF the circumstances under which
the outht may be allowed il contains one of the con.
d''Ion which shall be requisite to entte Charge or
Secretary to the compensation therein provided.
Upon a vie Of all the circumstances connec ted with
the subject, cannot permit myself to doubt that il
was with reference to the practice of multiplying out.
hts TO the same persons; and in the OF prohb.
ing 1t in future, that this act passed. Ii being
however, frequently deemed advantageous TO transfer
ministers already abroad from court to anoiher or
to employ those who resident at particular court
upon special occasions where seems to have be-
considered that il not the Intention of Congress 10
restrain the Executive from so doing. IL was further
coDended, that the President being left free 10 select
for Ministers, citizens, whether at home or abroad;
right OH the part OF such Ministers, the usual emol.
uments, followed as matter Of course. This view
was sustained by the opinion Of The law officer of the
Government; and the act of 1910, was construed to
leave the whole subject Of salary and out where
found it, under the law of 1880; that is TO saw com.
pleely at the discretion of the President without any
other restriction than the maximum already fixed by
that law. This discretion has from time to time been
exercised by successive Presidents bnt whilst
hut consider the restriction in this respect imposed by
the act OF 1910, "a nexpeGient, cannot feel myself
justified in adopting construction which defeats The
only operation OF which this part Of it suscep,
ble at least not unless Congress, after having the sub
ject distinctly brought to their should
virtually give their assent to that construction. What
ever may be thought OF the propriety OF giving an out
ut to Secretaries OF legation, or others, who nav be
considered a. only temporarily charged with the al
lars entrusted 10 them. am impressed with the Justice
oil such an allowance, IN the OF citizen who hap
pens TO be abroad when first appointed, and that of
Minister already in place, when the public interest
requires hii transfer, and from the breaking up OF h
esiabishment, and other circumstances ected wi
the change he ncurs expenses 10 which he would moi
otherwise have been subjected
H. Claims for egaffs and salaries, By Charges a..
HDdres and Secretaries @ Legdtion toho hare been
appointed by The President bv and Nth The adpiee
and consent ofthe Senate.
BY the second section OF the act of 1870 it s provided
That, TO entiile any Charge d'Afiires, Secretary
OF any Legation Embassy to any foreign coun.
Try, Secretary of any Minister PARLIAMENTARY.
10 the compensation herein before provided the
shall respectively be appointed by the President of
The United States, by and with the advice and
consent OF the Senate; but in the recess OF the
Senate the President is hereby authorized to make such
which shall be submitted 10 the Senate
at the next session thereafter for their advice and con.
sent and no compensation shall be allowed TO any Charge
dAfAires any Of the Secretaries herein before de-
scribed who shall not be appointed sfore- Not
the explicit language OF this act
claims Tor outfits and salaries have been made and
allowed at the Treasury, by Charge d'Afares and Sec
reiares OF Legation, who had not been appointed in the
manner specifed.--Among the sceompan wing docu.
ments will be found several claims Of this DESCRIPTION OF
which Detailed statement il given in the letter Of the
fifth Auditor. The case Of Mr.. William B Lawrence
late Charge dAHaires, at London, IL Of still more
peculiar character in consequence OF HE having actual
" drawn his outfit and salary from the bankers EN-
ployed by the Government, and from the myth Of time
he ocated in that capacity. Mr. Lawrences accounts
rendered to the late administrations but not settled
have refused 10 sanction the allowance claimed be-
cause the law does not authorize i but have RETAINED
from directing any proceedings 10 compel reimburse.
nent Of the money thus, IN Judgment illegally re.
reved until opportunity should be afforded 10 Con-
gfess to pass upon the equity Of The cIiim.
Appropriations annuity aud necessarily made |
"for the contingent expenses Of al the missions abroad
and "for the contingent expense OF foreign inter-
course; and the expenditure of these fund. entrusted
to the discf ton Of the President IL IL out OF those
spprop risons that allowances Of this character have
been claimed, and, II IL presumed, made. Deeming
however, that the discretion thus Committed 10 the Ex-
eeutiye, does not extend to the allowance prohibited