The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-14

NV, statutes must pc 20 construed that they NAV Al
madethe absolute duty Of The Secretary Of he fsa,~s,
70 restore TO The surplus fund all ufexpended balance
NE appropriation had stood for more han two years
same earlier, In the mean time The Secretary a WA
@ navy informed HIM the objects OF the appropriations
ioI 'ne'I respective departments bad been effected
As demonstration that such is the true construction
q these statutes, Congress passed law 10 1924 two
yeas alter the passage Of the law OF $780, making II m
mat AL he money then 20 the credit Of tho
parments should be repaid into the treasury OF the
umleu States The tone and temper OF that statute al
1872 convnces me that the construction set up by
tile Treasury Department that the law OF 1920 had re-
pealed the law Of 795 had been adopted and acted upon
BY the then Secretaries OF War and Navy and i, was
passed BY Congress re buke Of construction Of law
which Congress then deemed might lead to corruption
The whole policy OF this law is apparent tiat each
Congress should have the entire control OF the treasury
Tor the two years OF their existence, and be of
responsible 10 the people for It's management
But II The officers Of the treasury be correct in their
interpretations OF the law that so far appropriations
made for the War and Navy Departments are involved,
yet seems difficult 10 understand how the money could
be drawn from the treasury after had actually been re-
paid INTO The treasury and carried to the OF the
Mr. SWEETSER here nterposed and desired 10 know
how the Committee Of Ways and Means came into pos
Mr. THOMPSON continued Soon after the -discus.
sion which took place in this House, in reference 10 the
motion Of the gentleman from Ohio TO raise special
committee TO examine into the very subject now under
consideration, the Secretary OF The Interior replied 10 the
inierrogahons previously made.
The case which gave rise to all this inquiry the re
mova OF the Seminole Indians. The facts are few and
may be briefly stated In 1882 the United States made
treaty with The Seminole Indians at Panes Landing BY
which we agreed 70 remove the Indians west OF the Mis-
ssslppi river within three years. From time TO time ap
preparations were made for this object On 3oh June
ls47 the amount OF unexpended balances of these APP
propriaions being i5224s o., was regularly carried 10
the surplus fund In December lS49 the said sum was
drawn from the treasury, without any appropriation by
Congress- and II Is presumed that the has been ap-
Piled 10 the objects Tor which il was originally designed
The ground assumed by the treasury officers il, that
this money was enormously carried the surplus fund
and as ERROR they have made this Of money subject
q the dssi q me Secretary ct the Interior Even you
error ia restoring this money to the treasury, still the fact
exists that II was repaid, and that had remained in the
reached alter thai lapse Of lime without
TONI II il could then there is no limit to the time
when other sums can be reached in the way. The
sum thus within the discretion OF the Secretary very
large, and the power possessed is most dangerous and
no individual however pure should be invested with
discretionary power unlimited SO, II be wrong in
me as TO the improperly OF drawing money from the
treasury after has been regularly received into with
out the authority oil law,
have said thus much simply 10 present my own opn-
IONS on mooted and interesting subject.
AS approve OF the reapproprlaton from the surplus
iund 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.
amendment,
that the object nc had in calling upon the gentleman from
Misssslsspp for the information which he had received
from the First Auditor OF the Treasury was, know
whether the facts which he had hitherto charged in
resolution were admitted to be true. II was now ad-
United that the Secretary OF the Treasury had taken from
the surplus fund one hundred and ffyfo,r thousand
dollars, which had accrued and actually transferred
said fund.- under the provisions Of the act Of 1885, which
act had general application to all appropriations which
were expended Tor the period Of two years after the
appropriations had been made by Congress- The officers
OF the late administration driven 10 the wall Not
being able to withhold The fact charged OF using the
money without authority OF law. they had fallen back
from the explanation heretofore gwen this House, that
il was the correction of error in book keeping
to the perverson of the of 1890 which had appca
ton to the War and Navy Departments and intended
to apply to the miscellaneous appropriations made by
Congress =
The assumpton-to help the department out OF the d.
lenma into which their own acts had pecpitated them
that the act Of 1920 repeats the OF 1895, an alb
sardity that will not avail. Il will be recoecied that
the same officers who had perperated the ACT complained
q appealed TO the Commlltee OF Ways and Means TO IN
cover the amount which had been unawfuly with
drawn. No man, who respects himself his opinions
peaed BY the OF 1920 The assumption that such
the eject OF the act OF 1870 is intended for the present
purposes.
look 10 Congress the custodian Of the treasury and
the tendency OF the executive branch Of the government
to reach out and drrogas 10 themselves power which
properly belongs to the representative branch OF the gov
eminent should alarm the country.
The treasury has been guarded by repeated acts OF
Congress- which clearly admonsh the executive branch
OF the government that Congress intend 10 hold the
money OF the country subject TO specific appropriation,
and that ACT which contravenes legislation upon that
subject will not be received with favor
Sir, there is in he treasury about five millions OF
money which has accrued to the surplus fund under said
aci OF 1895 II sanction this act Of usurpaon we may
as well yield up all control over the treasury do not
i0end 10 make such surrender. Neither do intend tn
permit the perversion OF the act Of l520, permit
sort TO such subterfuge TO avail a delinquent public
officer.
am now satisfied with the exposition which has this
day been made II is well known that the OF 1870
was intended 10 prevent certain abuses which had grown
up in the Treasury Department in Withdrawing from the
treasury appropriations within the oo and make special
deposes to be used at their convenience and to make
the act OF ;7g5 more stringent
Mr. CHANDLER then addressed the committee.
After which, motion the committee rose; and then,
the bill having been reported 10 the House amended
in Committee OF the Whole,
Mr.. BAYLY moved the previous question: which was
seconded by The House.
The question being on agreeing to the amendments.
they We're read and then they severay agreed
except the following, viz:
proposition, from the Committee on Indian Affairs
offered by ME- JOHNSON, Of Arkansas, appropIiang $780,
900 to enable the Indian department collect statistics
concerning the Indians, under their jurisdiction and for
miscellaneous purposes; the original appropriation for
this purpose recommended by the bueau being $4,000
On this Mr. HARRIS, OF Illinois, called the yeas and
nays; which ordered; and IL agreed fo-yeas
9S, nays g.
And then the question being on the engrossment and
third reading Of the bill,
On motion, the House adjourned
MONDAY AIJCtJST q 1850