Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-05-08
THE SECRET SERVICE FUND.


House Of Representatives en- Monday the Goth
April. We place 1t before our readers at length,
in order that the President may be rightly under
stood in his refusal to give the information asked
for by resolution Of the House of Representatives
To The House Of Representatives
! have considered the resolution of the House
Of Representatives of the 9th instant by which
ain reque sed " To cause to lie furnished TO that
House account of all payments made on Pre-
siGents' certificates from the fund appropriated by
law. through the agency of the State Department.
for the contingent expenses Of the foreign inter-
course, from the 4th March, lS4l, until the re-
tiremcnt of Daniel Webster from the Department
Of state with copies of all entries receipts, letters
vouchers. rn"morahdums, other evidences Of
such payments: to whom paid, for what, and par
tculariv al concerning the northeastern bounda-
ry dispute with Great Britain"
With an anxious desire to furnish to the House
any information requested By that body, which
may be in the Executive Department. have felt
bound by sense of public duty to inquire how far
could, with propriety, consistently with the
existing laws. respond to thei calls.
| The usual annual appropriation "for the contin-
gent expenses Of intercourse tetweea the United
States and foreign nations has been disbursed
suance of Its provisions. By the third section of
that act it is provided
That when any sum or sums of money shall
be drawn from the treasury, under any law ma
king appropriations for the contingent expenses Of
intercourse between the United States and foreign
nations, the President shall be, and he is hereby
authorized, to cause the same to be duly settled
annually with the accounting officers Of the trea-
sury. in the manner following that is to say, Ly
causing the same to be accounted for specially in
al! instances erein the expenditure thereof may,
III his iudgment be made public. and by making
certificate of the amount of such expenditures as
he may think it advisable, not to specify; end eve
~ such certificate shalt be deemed sufficient
voucher for tie sam or sums therein expressed to
have been expended"
Two distinct classes of expenditure are author
lied by this law: the one of public and the 9th
cr of j private aud co fdenliaI character. The
President in Office at The time of the expenditure
is made Ivy the law sole judge whether it shall be
public or private.
:. Congress, forcsoelng that it might become ne
cessary and proper to apply portions of Il is fund
for objects. the original accounts and vouchers fol
which could not be made public" without in jury
to the public interest. authorized the President in
stead Of such accounts and vouchers, to make
certificate Of the amount of such expenditures a.
he mly thinb it advsat2 net to sprcify,' and have
pfns:d d that every such certificate shall be deem
ed a sufficient voucher for the sum or sums there
in expressed t. have been expended"
Such sums are to Ae accounted for specially il
all Instances wherein the expenditure thereof may
~ his judgment. he made public A cXp,ndi
:urcs "accouned for specially are settled at tn
Treasury, upon vouchers, and not president
certificates" and, like all other public accounts
\ Ill ~
open to public examination Had information a
respects this class of expenditures been called 70
by the resolution Of the House, it W oud have bee
promptly communicated.
The law making these provisions is in full force
1t is binding upon all the departments Of the goH
ernmcnt, and especially upon the Executive, who's
duty it is ''to take care that the laws be faithful
eXccutcd. In the exercise of the discretion lodge
by it III the Executive. several of my predecessor
have made g certificates of the amount " of sue
expenditures as they have thought it advisable NJ
> to specify, and upon these certificates the OF
" vouchers, settlements have been made at tt
Treasury.
1t appears that. within the period specified j
the resolution OF the House, certificates were g
en- by my lmmedIat predecessor, upon which Sc
tlcmt pts have been made at the Treasury amou
ting to five thousand four hundred and sixty &c
jects and items of these expenditures should p
he made public. and has given his certificates
that effect which placed upon the records
5; the country. Under the direct authority OF
;exisling law, he has exercised the pnwer of pl
icing these expenditures under the seal of COZ
idcnce, aud the whole matter was terminated
fore | came nto Office An important nuestIt
arises, whether subsequent President, either VI
UNFAIRLY at the request Of one branch OF &c
gress can, without violation of the spirit of t
law revise the acts Of his predecessor, and expo
Ito public view that which he had determined shot
mot be made public" IF net a matter Of str
duty it would certainly be safe general rule Il
this should not be done. Indeed, ii may wet! he
pen, and probably would happen, that the Pre-
deaf for the time being would not be in possessi
Of the inorna ion upon which his predecessor
ted. and could not therefore, have the means
Judging Whether he had exercised his discreet
wisely or not. The law requires other vote
err but the Presidents rti6cate, and there is L
Thing IN IT'S provisions which requires any sc
tries receipts, letters, vouchers, menorandums
other evidence of such payments" to be preserv
lin the Executive Department.
The President who makes the "certlilcat
may, if he chooses, keep all the information a
evidence upon which he acts in his own poss
sion. II. for the information of his successors,
shall leave the evidence on which he acts, and t
items of the expenditures which make up the ST
for which he has given his A" certificate on
confidential files of one of the Executive Depa
ments, they do not. in any proper sense, hecol
thereby public records. They are never seen
examined by the accounting officers of the Tr
sury when they settle an account on the "Pre
dents certificate" The first Congress of the
States, on the first of July, 1890, passed an
We providing the means of intercourse, between
lie United States and foreign nations" by which
n. similar provision to that which now exists "
mace for the settlement of sEch expenditures
: in the judgment of the President. ought not TO
made public. This act was limited IN ITS duratie
It was continued for limited term in us
and between that time and the date of the act
Nav l. 1910, which is now in force, the sal
= provision was revived and continued. ExpctI
i. !. sa..lad ,,,,dar pras;L.ri