Weekly national intelligencer., 1852-05-22

tenden, and not Mr.. Johnson Mr. johnson had given
opinion directly opposite to that given by Mr. Crtenden
Mr. PEARcE. | am aware of that. The act of 1892 is
entitled
San act legalizng and making appropriations for such
cessay objects have usually been included in the
appropriation bills without authority of law &C., and for ether
purposes"
That part of the law which refers to the subject
fers is in the twentythrd section Of that act and is in
these words
And be farther enacted r That in case the sum appro-
praed for any object shall be found than sufficient to
meet the expense thereby contemplated the surplus may be
applied under the direction Of the head Of the proper Depart
ment to supply the deficiency Of other item in the same
Department Office. Procded That the expenditure for
newspapers and periodicals shall not exceed the amount pe-
cifcally appropriated to that object by this act"
That is the authority under which transfers made
by the heads of Departments Formerly the President
had to interfere ia the matter There have been tive con-
sructons given by Attorneys General 20 this actone by
Mr. Attorney General Johnson believe adverse to the
construction prevailing, and by MIR. Attorney
General Critenden, in favor Of it, There is also an
opinion Of the Comptroller, who it is sometimes
called upon to give legal opinions in favor of the com
sruction But it has received practical construction IN
preceding Administrations Iwascurious to inquire INTO
some instances of that aRd have had little difficulty
in doing So There is book, however, called the Re
gster Of Appropriation Warrants, which is manuscript
book and indexca one il is, therefore, somewhat
difficult search for particular case. However, upon
inquiries made by the First Comptroller the results of
which stated in his opinion find that on the 18th OF
November 1884, there transferred upon the appica
ton of the Secretary of War; by the Secretary ef the
Treasury for contingent in the Office of the Com
missioner of Pensions under the item for extra clerk
hire the of Sd 900 for two messengers in that office
at $500 each. This transfer made of course, under
the authority of heact of f42 which the last that
subject IT, sthe Senator from Virginia supposes tho
act was limited t61e appropriated in it, there would
be no authorityst alt TO Nr Secretary Wilkins, one of
his political fends fer asking for this transfer. The
transfer was made upon that of the act which
think right while the Senator from Virginia suppeses
it to have been wrong But that not the only instance
which find Of transfers made under virtue OF this Jaw
find that under its aut ority transfers weremade by Mr.
Secretary Walker on the 29th of July l64S the 18th
of September S847 the 10th of February, lS4S and
again ON the 2sh February, 1913 Further search
the Comptroller says would probably have disclosed
others f71--~- 2
The Senator WIS therefore mistaken in supposirg that
the construction given TO this ac end the practice under
it, originated with this administration, he evidently
did suppose 1t Originated with his political
find no fault with tem for it because differ from the
Senator. Irealy think that the construction which Mr.
wilkins and Mr.. Wglker put apon it the
We look little into the history Of legislation per-
haps, in order to have sGir understanding of the
matter
1t was customary in the early legislation Of this coun-
try it in England to pass independent substantive
in relson TO different subjects, and not to
crowd variety of matters germane to each other,
INTO the bill That used to be the practice, and
ought 10 be the practice if iswere practicable now in
which know the Senator viii agree with But we
that for the last fifteen years sCch thng has
been practicable. We know that such mpedments have
been thrown in the way of the legislation of Congress-
may not during the present session by but
former Congresses particularly in the Heuse of Rep
it has been almos impossible to get
any thing passed. and it has been with extreme difficulty
that the appropriations fothe service of the Gov
could be obtained Such has been the increase
of the cdcoets Ssyued such the rcessant struggle of
party strife such the turmoil about matters not properly
belonging the-egulsr business ofthe Government but
n n - -z1...- IL.
business has goo be theast thing which is recognised
legislative assembly and in order to secure the
passage of many bills of Importance hove to engraft
them upon appropriation bills, without them aEo
gether Some very udicrous instances Of this have
CURED dare cay great many gentlemen will recolect
that on a navy appropriation b about the year 1892,
inf-ated provisionto regulate the franking priyi
ege used to hunt for that provision long time but
could find it, until some old and experienced Se
nator told that would nd it in the navy approPra-
ton bill Then have act limiting the compensation
of certain oC-house officers and where do you sup
pose that is TO be found7 1t is in private bill for the
relief of Chasbeain Ponvert. So in many apprcpria-
ton passeddung this very session Of lS42 yorwi
find permanent provisons-of law which could have no
force and meaning if they not permanent ndwhich
intended 70 hat wac then thought to De
Executive extravagance. In this very bill there
such provisions. Here. ~ provision in regard te the
employment of extra clerks In these appropriation bills
have forbidden the payment Of double salaries we
have forbidden any officer WHO has performed the duties
Of higher Office receiving higher salary, unless the
proper officer for whom he substituted should not
ceive it. We have gone aseat deal further than that,
and actually, in naval appTpriaton bill, have abolished
fogging in the navy, and also in the commercial marne
and that upon debate ef hour or hour and half
Sir Ithink that when Independent substantive pro-
vision Of Law is found in separate section unconneced
with any other where there is nothing expressly limiting
it particular year. any thing fairly implying each
Imitation where IT is just as properly applicable in
one year in another where all the interests of the
public service would seem require that it should apply
IN tauro as during the year. then think that
every rule of sound CONSTRUCTION known TO lawyers
qures ths ii shoud be considered permanent provision
viii not weary the Senate by multiplying examples, but
could give gentlemen ftJ where permanent pro-
visions of law some general than others have been
inserted In appropriation bHs and have universally been
understood permanent In this very act Of 1872 there
is this provision
Provided that expenditure or newspapers and perodca
shall exceed e amounts specially appropriated TO that
object in this act"
That provision is considered permanent and has been
acted upon and construed as limiting the amount which
the Departments should pay for newspapers and periodi-
Gals The limits the amount for one Department and
s bureaus TO one hundred dosrs has been construed
70 be limited ever since This has got to be the COM
mon practice Of Legislation Ny friend from North
Carolina Mr BADcER suggests TO that the salary OF
the Attorney General is determined by provso 70 one
~of the appropriation bills So SIR unless there be words
TO indicate that there is be future application Of
such section as have mentioned or there be
cessary implication that is not 70 have future app
cation, hold that is practically clear that il should
and ought TO be considered as permanent do NOT hesi
tate 70 say, that If should adopt such rule Of
structon the Senator from Virginia seems TO think
would be proper should in effect strike out OF the
statue-book great many provisions Of which we should
feel extremely sorry 10 be deprived and would leave the
public service great deal more exposed 70 depreciation
than IL is
The Senator from Virginia mentioned as one ~ tbe