Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-15

md utility attanabe by The of The means placed
at its Disposal should be plshed directed that an
officer of the highest credit Tor skill and Judgment
should proceed without delay to ascertain the nature
extpu and causes of the distractions which interrupt
the navigation of that river and to submit plan Tor
ieir removal That officer has not yet reported 10 The
Department. 1t is intended that the steam and snaS
boats, after being repaired, shall ascend Red river,
while il continues in navIgabe state 10 the point oil
obstruction but it is designed 10 enter upon the
work until Autumn This policy, viii fully appear
from the report ofthe Chief of the Typographical Engl-
neers, and the accompanying letter OF the suPerlnend-
cnt, was dictated by sound economy, if not by the
necessity Of the case.
practice has prevailed in the Indian Department OF
making payments from moneys drawn from the lrea-
sury under preparations by Congress- without regard
ing all cases. the objects of the appropriations as sPe-
Gifted in the law.
This practice virtually defeats that provision Of the
Constitution which declares that no money shall De
drawn from the Treasury except under appropriations
Congress- for the object of this provision must have
been not merely that money shall not be drawn from
the Treasury without, being duly appropriated but thai
shall be paid only for objects specified in the acts Of
appropriation. =.
cums,ances-that is, of taking money drawn from
the Treasury under appropriation for one object, and
applying II to the payment of accounts, and tor o.
iec,s for which appropriation has been made-feh'
ders the reports of the condition oil the treasury en-
4
them The true condition of tho Treasury, OF ITS Ia
bltes is not and cannot be presented under such
practice. ~,
| The Indian department has favored itself IN the
means of practising tins rregularty by another use
age directly in contraveution OF the law Of Congress
reonirpp int unex nded balances Of appropriations,
IT The expiration o two years, shall revert TO the Iea-
,urr. Il has been customary, before the expiration
If the two years, 10 withdraw from the Treasury
the balances not actually required for disbursement
thacn hnIa hnyp
been placed in the hands OF dsbursIng agents. forming
a yery large fund, from which payments have been
made from time to time for objects for which appru
priations have been made By Congress The amount
Of funds in the hands Of these special agents Of the
Department has ranged, on an average, from two 10
three hundred thousand dollars for the last
EIGHT wears and This has been generally deposited in
Banks selected at the discretion OF the agent himself
Under these circumstances, the dlsbursing agents,
having received moneys under authorized heads of APP
preparation, which have been applied to objects not
sanctioned by law, have had their accounts brought
into such condition will not allow of their settle
meni al the Treasury without special appropriation by
Conuress and hence there dsbursing agents who
have been unable To obtain settlement during several
years and whose accounts still open, notwlthstand
inc the act Of Congress- most salutary in its object
curing n settlement annually on the first of October
As one rreanlarlty is often the parent Of another
50. under The usage Of the Indian Bureau, by which
large amounts OF money have been held by discussing
agents. which should have reverted to the Treasury
these agents have had the means Of oanng, and have
actually loaned large sums within the last few years
10 meet The necessities 81 the Treasury ether depart
men,s of The Government or other and distinct branch
es of the Indian Department. and, IN thus manner,
system Of accommodation has obtained without respon
sbillly and unknown to the law
The evils of the practice, the subject OF these re-
marks, will sufficiently appear when it is considered
that they precisely those which was the object OF
The provision in the Constitution, prescribing the mode
Of drawing money from the Treasury, to guard against
and those also which intended 10 be counteracted
by the law of Congress repairing that unexpended ba
lances shall revert 10 the Treasury at the expiration Of
two years.
In the present condition Of the accounts Of disburs
inu agents. il is impossible to ascertain The precise
amuua. o: payments requiring appropriations by Con-
gress for their final adjustment ut the Treasury but
the amount is known thus far 10 exceed S20O0C0, and
it will probably require 5000, and possibly S3OO,
900
|. would lie easy 10 multiply remarks upon the i'm
prnpriety of this practice of the Department The OBJ
econs to il are numerous and weighty, and some OF
them are founded deeply in vital principles as to de-
serve some further notice III this report.
All officers hold their powers IN trust under the ooii-
raticn of fulfilling the objects for which those powers
were granted. Congress is entrusted with The power
Of granting money fnr objects TO be accomplished by
Executive agents II the agents divert the money to
other objects there is breach OF trust. But as all
the officers of the Government presumed TO have
in view the common good, Congress, more or less,
relies upon the Executive agents 10 indicate the OBJ
ects requiring appropriations, with estimates OF the
amounts necessary for their accomplishment. lEs
confidence in Executive agents seems to have been
reparded in some cases. implied authority IN
the agent to undertake objects not yet sanctioned by
Congress- the agents looking prospeclively Tor That
sanction But # this discretion is to be tolerated
under any pretencc whatever, for objects however
apparently neediul important, the checks and
guards provided by the Constitution and the laws are
at once removed and the most dangerous experiments
NAV be- made with the public money having no higher
sanction than the Judgment Of the heads of Depart
ments while the discretion thus exercised al the ioun-
tain is liable 10 become RIGHTEOUSNESS IN The suhord-
nate agents. resulting in frauds and deiacatlons oil e1
traordinary character and magnitude.
The attention of the Department has been directed
10 the subject of Indian treaties and particularly to
The manner in which Of those recently made nave
been executed, involving the disbursement OF large
sums Of money for the emigration and SUBSISTENCE Of
Indians. . ,
The frauds that have been practIsed in the South
west Ina We been To extent inquired into but fu
disclosure of all the facts has not yet been arrived al
Enough has however, been brought lignt 10 estaos
the conviction that certain contractors have reallzed
the most profits the greater portion oil wh'c
IS believed have been the direct rut OF gross irau
upon the Government the Indians pracsed by or,b
ing some of the subordinate instruments IN Inc phoic
employmea through the Encouragement OF higher
public agents. who only screen themselves iroh
the suspicion Of a conniyance in the frauds by sub
hitting TO the mputaton of gross negligence, ,sno-
rance, incompetency in the performance OF 'ie'i
duty.
From the involved character Of these transactions
and the difficulty Of procuring full and precise 'nior-
nation it has been found impossible as yet TO x upon
the point where these frauds commenced or 10 ascer-
tain the boundaries of responsibility among the nunef-
Gus public officers and agents through whose direct or
indirect fundamentally, connvance, or ignorance, 'he
contractors were able 10 consummac their unprnci-
pied designs. This investigation has been prosecut,
ed with the most painful reluctance, though perseveea
in under paramount sense Of duty; and enough has
been disclosed to suggest an inquiry whether the
guilty recipients may not be compelled TO refund their
inqni,cus gains 10 the Treasury by process OF law.
All of which is respectfully submitted
JOHN BELL.
To the President.
THE FISCAL AGENT
In our first glimpse of the Message, we were amazed
that IT presented not one leading feature OF the pron
ne n; measure recommended. new fiscal agency was
distinctly prooosed uDon the ground that National