The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-06-12

and causes OF the obstructions which interrupt the
yQaiion Of that river and to submit plan for their
moval That officer has not yet reported 70 the De
partment Ii 10 intended that the steam and snag |
boats after being repaired, shall ascend Red river,
while il continues 10 navgabe state the point of
olstrucon but il is not designed TO enter upon the
work until autumn. This policy as will fully appear
from the report of the Chief Of the Typographical En-
gineers and the accompanying letter Of the supern-
tendent 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 |
regarding in all cases the objects ofhe appropriations
as specified in the law.
This practice virtually defeats that prov sion of the
Constitution which declares that no money shall be
drawn from the Treasury except under appropriations
by Congress for the object ofihs provision must have
been not merely that money shall not be drawn from
the Treasury without being duly appropriated but that
it shall be paid only for objects specified in the acts of
appropriation.
The practice Of making payments under such cir
cumstances u.s. Of taking money drawn from the
Treasury under appropriation for one object and
applying the payment of accounts and for objects
for which no appropriation has been made--renders
the reports of the condition OF the Treasury entirely
faIlacious and utterly destroys all confidence inthem
The true condition Of the Treasury, or Of its liabl
ties not and cannot be presented under such prac-
tice
The Indian department has favored itselfn the means
in contravention ofthe law of Congress requiring that
unexpended balances of appropriations at the expira-
ton oftwo years, shall revert TO the treasury IL mas
been customary before the expiration OF TWO years. 10
withdraw from the Treasury the balances not actually
required for disbursement within the specified period
and these balances have been placed in the hands OF
disbursing agents, forming very large fund, from
which payments have been made from time to time for
objects fol- which no appropriations have been made by
Congress The amount Of funds in the hands ofthese
special agents of the Department has ranged ON an
averages from two to three hundred thousand dollars
for the last eight years, and this has been
generally deposited in banks selected at the discretion
Under these circumstances, the discussing agents,
having received moneys under authorized heads of ap
preparation, which have been applied 70 objects not
sanctioned by law, have had their accounts brought
into such condition will not allow OF their settle
ment at the Treasury without special appropriation by
Congress and hence there disbursing agents who
have been unable obtain settlement during several
years. and whose accounts still OPEN nowithstand-
ing the act of Congress- most saluary in it, object re-
curing settlement annually the first of October
As one irregularty is often the parent OF another,
so 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 loanng and have
actually loaned large sums within the last few years.
the necessities of the Treasury in other depart
ofthe Government other and distinct branch
es ofthe Indian department. and in this manner sys-
| ity and unknown to the law.
The evils of the practice, the subject Of these re-
marks viii sufficiently appear when it is considered
that they are precisely those which it was the object
of the provision in the Conititution prescribing the
mode OF drawing money from the Treasury, 70 guard
1 against and those also which were intended 10 be
counteracted by the law of Congress requiring that
unexpended balances shall revert TO the treasury ut
] the expiration of two years.
In the present condition of the accounts of disburs-
ing agents, it is impossible to ascertain the precise
amount of payments requiring appropriations by Con-
gress for their final adjustment at the Treasury, but
the amount is known thus far, to exceed 500 200,
and il will probably require $250,0OO, and possibly
/ $500 600.
1t would be easy TO multiply remarks upon the i'm
propriety of this practice of the Department The
objections to il are numerous and weighty, and some
Of them are founded deeply in vital principles as to
deserve some further notice in this report.
/ All officers hold their powers in trust under the OBJ
legation Of fulfilling the objects for which those powers
i were granted. Congress is entrusted with the power
Of granting money for objects to be accomplished by
Executive agents If the agents divert the money to
other objects, it is breach of trust But, as all the
officers of the Government presumed to have in
upon the Executive agents 70 indicate the objects re-
qurng appropriations, with estimates Of the amounts
necessary Ion their accomplishment This confidence
in Executive agents seems TO have been regarded n
some cases a. an implied authority in the agent 70 UNI
derazs objects not YET sanctioned BY Congress the
agents looking progressively for that sancton bnf
this discretion Is 10 Be tolerated under any prssncs
whatever for objects hswevcr apparently necdfo or
important the checks and guards provided by the Con
stution and the laws are at once removed, ana the
most dangerous experiments may be made with the
! public money having no higher sanction than the
judgments Of the Heads Of Departments, while the
secretion thus exercised at the fountain Is liable TO
become RIGHTEOUSNESS in the subordinate agents re
sultinr in frauds and defacatons Of extraordinary
| character and magnitude.
The attention Of the Department has been directed
to the subject of Indian treaties and particularly to
4 the manner in which some of those recently made
have been executed involving the disbursement Of
large Of money for the emigration and subsis-
| tence Of Indians.
| The frauds that have been practised in the Sou h.
i west have been to some extent inquired into but
full disclosure Of all the facts has not yet been arrived
| at. Enough has however, been brought to light to
establish the conviction that certain contractors have
realized the most profits the greater portion
of which is believed have been the direct fruit OF
/ gross fraud upon the Government or the Indians
practsed by bribing of the subordinate instru
ments in the public employment, or through the mis-
management Of higher public agents, who can only
themselves from the suspicion OF connivance
in the frauds by submitting to the imputation of gross
negligence, ignorance or Incompetency in the perfor-
| nance of their duty.
From the involved character Of these transactions
and the difficulty Of procuring full and precise infor-
nation it has been found impossible as yet to fix upon
the point where these frauds commenced to ascer-
tain the boundaries Of responsibility among the nu
merous public officers and agents through whose
direct indirect nstrumentality connivance or g-
norance the contractors were able consummate their
unprinciped designs This investigation has been
prosecuted with the most painful reluctance though
persevered 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 Ubiquitous gains to the Treasury by pro-
cess Of law.
All of which is respectfully submitted.
JOHN BELL. y
To the PRESIDENT
FROM THE NAVY DEPARTMENT.
Navy DEpARrMENr, May 81 ,l84l
Sin: The appropriations made at the last session of
Congress will be found amply sufficient to cover the
expenditures for the current year. under the several