The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-21

drawn from the treasury, under any law making APP
propratoo for the contingent expenses ofintercourse
between the United States and foreign nations, the
President shall be- and he IL hereby, authorized 10
cause the same TO be duly settled annually with the
accounting officers of the treasury IN the manner
folowing-that is TO say, by causing the same 10 be
accounted for specially in all instances wherein the
expenditure thereof may, in his Judgment be made
public, and by making certificate OF the amount OF
such expenditures as he may think II advisable not
to specify and every such certificate shall DC deemed
sufficient voucher for the sum or sums therein ex-
pressed to have been expended
Two distinct classes of expenditure are authorized
by this law; the one of public, and the other of
private and confidential character. The President
in Office al the time Of the expenditure Ia made by
the law the sole Judge whether Il shall be public or
private. Such sums are TO be accounted for spe-
cialy in all instances wherein the expenditure there
Of may, in his judgment, be made public" All en-
penditures accounted for specially" settled at
the treasury upon vouchers and not on "Presidens'
certificates" and like all other public accounts, are
subject to be called for by Congress- and open to
public examination; Had lnformanon as respects
this class Of expenditures been called for By the res
olution OF the House, IL woulddsvs been promptly
communicated. ..-....- ,e.TIr .r
Congress forsseeing that II might become necessa-
nv and proper TO apply portions Of this fund for OBJ
ecis, the original accounts and vouchers for which
could not be "msde public" without injury TO the
public interest, authorized the President instead OF
such accounts and vouchers, 10 make certificate Of
the amount "of such expenditures as he may think
it advisable not to specify and have provided that
every such certificate shall be deemed sufficient
voucher for the sum or sums therein expressed TO
have been expended"
The law making these provisions is in full force.
Il is binding upon all the departments Of the govern
ment and especially upon the Executive, whose
duty it is Ito take that the laws be faithfully exc
cuted" In the exercise Of the discretion lodged by
1t in the Executive several Of my predecessors have
made Certificates" Of the amount of such expendl-
lures as they have thoughtt advisable not to speci
~" and upon these certificates as the only vouch-
ers, settlements have been made at the treasury
II appears that within the period specified in the
re solution of the House, certificates were given by
my immediate predecessor, upon which settlements
have been made at the treasury amounting TO hve
thousand four hundred and sixty dollars. He has
solemnly determined that the objects and items Of
these expenditures should not be made psbllc, and
mas given his certificates 10 that effect, which are
placed upon the records Of the country. Under the
direct authority of an existing law, he has exer-
cised the power Of placing these expenditures under
the seal of confidence, and the whole matter was
terminated before ] came into Office. An important
question arises whether a subsequent President,
either voluntarily or at the request OF one branch
Of Congress- can, without violation OF the spirit OF
the law, revise the acts OF MS predecessor, ana eN-
pnse to public view that which he had determined
should not be "made public" IL not matter OF
strict duty, it would certainly be safe general rule
that this should not be done. Indeed, IT may well
happen, and probably would happen, that the Pres
dent for the time being would not be IN possession
Of the information upon which his predecessor
acted, and could not therefore have the means OF
Judging whether he had exercised his discretion
wisely or not The law requires no other voucher
but the Presidents certificate, and there is nothing
in its provisions which requires any "entries, re-
ceipts, letters, vouchers, memorandums, or other
evidence Of such payments" to be preserved in the
| Executive department The President who makes
nation and evidence upon which he acts 10 his
own possession. II, for the information OF
his successors, he shall leave the evidences
on which he acts, and the eua Of lhe expenditures
which make up the sum Tor which be has given
his certificate" on the confidential hies Of one OF
the executive departments, they do not, in any
proper sense, become thereby public records. They
are never seen or examined by the accounting Of
hcers of the treasury, whenthey settle an account
on the presidents certificate" The first Congress
Of the United States, on the LIST Of July, 1870,
passed an act providing the means Of intercourse
between the United States and foreign nations" by
which similar provision to that which now exists
was made for the settlement of such expenditures
as in the judgment Of the President ought not to be
made public. This act was limited in its duration.
II was continued for limited term in 1893; and be.
tween that time and the date ofthe act Of May |,
| 1910, which is now in force, the same provision
was revived and continued. Expenditures were
made and settled under presidential certificates, in
pursuance Of these laws.
| If the President may answer the present call he
must answer similar calls for every such expendi-
ture of a confidential character, made under every
administration, IN war and in peace, from the or
ganzation of the government to the present period
TO break the seal of confidence imposed by the
law, and heretofore uniformly preserved, would be
subyersive of the very purpose for which the law
was enacted, and might be productive of the mos,
disastrous consequences The expenditures of this
confidential character it is believed, were never be-
fore sought to be made public; and should greatly
apprehend the consequences Of establishing prece-
dent which would render such disclosures hereafter
| inevitable.
am fully aware of the strong and correct public
feeling which exists throughout the country against
secrecy ofany kind in the administration of the gov
ernment and especially in reference to public ex-
pendtures; yet our foreign negotiations are wisely
and properly confined to the knowledge of the Ex-
ecutive during their pendency. Our laws require
the accounts of every particular expenditure to be
rendered and publicly settled at the Treasury De-
partment The single exception which exists is,
not that the amount embraced under Presidents GER
thca,es shall be withheld from, the public, but mere.
Iy that the items Of which these composed shall
not be divulged 10 this extent, and no further ID
| secrecy observed.
The laudabe vigilance Of the people in regard to
all the expenditures of the government, as wei as
sense of duty on the part of the President, and de-
sire to retain the good opinion Of his elow-citizens,
will prevent any sum expended from being account
ed for by the Presidents certificate unless in cases
of urgent necessity Such certificates have therefore
been resorted to but seldom throughout our past
| history.
For my own part, have not caused any account
whatever to be settled on presidential certificate.
| have had no occasion rendering it necessary, IN
my judgment, to make such certificate; and 1t
would be an extreme case which would ever induce
me to exercise this authority; yet, If such case
should arise, it would be my duty to assume the
responsibility devoved on me by the law:
During my administration, all expenditures for
contingent expenses of foreign intercourse, in which
the accounts have been closed, have been settled
upon regular vouchers, all other public accounts
are settled at the treasury.
1t may be alleged that the power of impeachment
belongs to the House of Representatives, and that,
with view to the exercise Of this power, that
House has the right to investigate the conduct of
| all puhlir nf,cers ,,nder the government This ia