The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-05

error In restoring this money to the Treasury,
still the fact exists that it repaid, and that it
had remained in the Treasury for more than two
years. Could this money be reached after that
lapse of time, without re-appropriation! Ii
ii could, then there is no limit as to the time
when other sums can be reached in the same
way. The sum thus within the discretion of
the Secretary, is very large, and the power pos
sessed is most dangerous, and no individual,
however pure, should be invested with discre-
tionary power so unlimited So, il be wrong
in the construction of this statute, still all must
agree with me as to the improperly of drawing
money from the Treasury after ithas been regu-
larly received into it, without the authority of
law.
have said thus much, simply to present my
own opinions on a mooted and interesting sub
ject.
As Iapprove of the appropriation from the
surplus fund contained in the BILL and think the
very passage of this bill will adopt by Congress
my construction of the law, and condemn that
of the Treasury Department, | withdraw the
amendment
Mr. SWEETZERre renewed the amendment, and
said that the object he had in calling upon the gem
tlenan from Mississippi for the information which
he had received from the First Auditor of the
Treasury, was, to know whether the facts which
iit uau hIiuCIto III u TeSOiuliOH, we're uu-
mitted to be true.
Ii was now admitte that the Secretf " of the
Treasury had taken from the surplus fund one hum
dred and fifty-four thousand dollars, which had
accrued, and actually transferred to said fund under
the provisions of the act of 1895; which act had
general application to all appropriations which
were unexpended for the period of two years after
the appropriation had been made by Congress.
The officers of the late Administration were
driven to the wall. Not being able to withhold the
fact charged, of using the money without author
ity of law, they had fallen back from the expa-
nation heretofore given in this House, that it was
the mere correction Of an error in bookkeeping,
to the provisions of the act Of 1920, which had
application to the War and Navy Departments,
and never were understood to aIp'y to the mis-
cellaneous appropriations made by Congress
The assumption, to help the department out Of
the dilemma into which their own acts have pre-
cptaed them, that the act of 1890 repeats the act
of 1795, is an absurdity that viii not avail. 1t will
be recollected that the SAM officers who perpe-
trated the act complained Of, appealed to the Com
mlttee OF Ways and Means to include in the APP
preparation In the current year, an item to cover
the amount which had been thus unawfully with
drawn.
No man who respects himself or his opinions,
will in this House contend that the act of 1875
was repealed by the act of 1920. The assumption
that such is the effect of the act of $780, is intended
for present purposes
Sir, the epH complained Of is important The
country looks to Congress as the custodian Of the
Treasury And the tendency of the executive
branch of the government to reach out and AFRO
gate to themselves power which properly belongs
to the representative branch of the Government
should alarm the country. The Treasury has been
guarded by repeated acts Of Congress, which
clearly adminish the executive branch of the
Government that Congress intends to hold the
money Of the country subject to specific appro-
pratlon, and that any act which conravenes legis-
lation upon that subject will not be received with
favor.
Sir, there is in the Treasury about five millions
of money which has accrued to the surplus fund
under SAID act of 1895. If we sanction this act Of
usurpation, we may as well yield up all control
over the Treasury. do not intend to make such
surrender, neither do | intend to permit the
perversion OF the act of 1890 or permit resort to
such subterfnge to avail a delinquent public OF
fcer
am well satisfied with the exposition which
has this day been made. Ii is well known that
the act Of 1890 was intended to prevent certain
abuses which had grown up in the Treasury De-
partment, in Withdrawing from the Treasury APP
preparations, within the two years, and make spe-
ca depostes, to be used at their convenience; and
to make the act of 1895 more stringent
withdraw the Amendment
Mr.. CHANDLER renewed the amendment
(pro forma.) He had no intention to occupy the
attention of the committee for five minulee; but
he could not refrain from entering his solemn pro-
test against the charge which had been made, and
reiterated by the gentleman from Ohio, against the
late Secretary of the Treasury. Since that gen.
t'eman had been foed in his attempt to obtain
committee to investigate this charge, he had more
than once repeated that he had found something
in the conduct of the late Secretary which was de-
serving OF censure. Instead of indorsing the
charge made by the gentleman from Ohio, the
House had adopted a resolution calling on the
Treasury Department for full information, not
only in reference to this particular transactions but
covering all acts of this kind under every Admin
istration, and by all the Secretaries. Now, after
the adoption of this resolution, before any reply
has been received, it was a great departure from
courtesy to use language conveying an implication
that the Secretary had been guilty of any impro-
priety III his official conduct. He repealed the
common saipo resorted to on these occasions, that
nothing was meant. He presumed the gentleman
from Ohio would not contend that charges of this
serious character could mean nothing And when
that gentleman violated the rules of courtesy so
far as to make and repeat these charges, and then
shelters himself behind this salvo, it was perhaps
only Just to him to presume that he does mean
moth ing.
Mr.. SWEETZER said he meant Just what he
had said this morning-that the action was not
authorized by law.
Mr.. CHANDLER {resuming) said the House
had already decided this matter, by calling on the
Secretary for information as to all his official acts
in this and similar subjects During the interval
before reply is received, is undignifed, to say
the least, to throw out these insinuations He did
not wish to proceed farther with these remarks,
but would simply ask for the reading of the amend
ment.
The committee then on motion rose, and the
amended bill being reported, when "
Mr.. BAYLY moved the previous question,
which was seconded by the House
The various amendments adopted in Com
mittee of the Whole on the state of tie Union.
having been reported from the Clerks desk,
they Were severally agreed to without a division
except the following, viz:
An amendment proposed by Mr.. JOHNSON of
Arkansas, from the Committee on Indian Affairs.
appropriating $4,000 to be expended by the
Indian Bureau, in the collection of statistics
concerning the Indians, made its jurisdiction.
and for miscellaneous purposes, the bureau
having asked $50 900 to these ends
On this, Mr. HARRIS, of Illinois, demanded
the yeas and nays which being ordered, it was
agreed to--yeas %, nays 60.
The question being on the engrossment and