The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-19

sequen period upon the production Of new testimony. In
1850 the finally audited and passed by the ae-
counting officers of the treasury They were the present
Auditor and the late Second Comproer-a very good OH
GER and quite good a democrat The claim was there
fore concluded so far as the obligation o. The United Sass
TO pay Concerned Il had been adjusted by the o
GERS whose duty adjust IT, The next thing TO be
done for tie Secretary Of War TO order its payment
fund could be found which could be applied 10 its pay
men There fund directly applicable TO this case
but the Secretary informed that there balance
naming of fund which had been appropriated for tho pay
men Of tho Florida militia which, in the exercise Of the
general powers of his department he transfer for this
purpose He doubted his authority and expressed his
doobs believe, IN writing and called upon the Attorney
General for his opinion The Attorney General Of the Uni
ted States the properly constituted law officer Of this
ernmen whose business advise in of doubtful
legal construction advised accordance with the practice
which had prevailed from the time Of Mr. Van Burens adj
minstration pnd Mr. Gundy's opinion TO this ume that
tina. fund was properly applicable to this case.
The stated also, that this for the
Of S24 900 for about iyfve days service of steamboat
looks like very large and without explains
ton might be thought that this allowed
qaan sr and that there had been of that favor
sm which said to have prevailed at times in the depart
ments The senator iutmaed that the allowed was
altogether deproporonae the service for which
allowed happy say, that the allowed upon
charter party, about the Of which suppose there
could be no mistakes and if there anything extrava-
giant and exobitant in the amountf the service of ths
steamboat during the Florida should not have cost
muchf that is TO be charged any officer of the govern
derecon of duty, it must be charged to him by
whom the contract made and not TO this adminsa-
ton, which ordered be paid when the accounting off,
GERS had ascertained the amount which was due Then
the plain duty of the Secretary order II to be paid
II will be observed, that the fund out Of which this
count allowed for the payment Of the Florida
militia; and the senator, think, said that il fund
which appropriated in 1889 or l84O He complained
that had been carried the surplus fund prior to 1885,
The fact that It was not so carried is practical construc-
ton of the act of 1885, equivalent to the theoretical of
Mr. Attorney General Grundy in the administration Of Mr..
Van Buren, This account remained unsettled during
y two years Of Mr. Van Buren's administration which
purely democratic administration. Then It
through the administration of Mr. Tyler which was, be-
lieve amphibious In it Of the Simon
Pures," know and do not know that the adminstra-
ton any the for that On the contrary rather
think it was improved by some Of them. lMr: Nelson
sitting by Mr.. P The administration Of Mr.. Tyler
adopted the construction and Mr. Folks administration
adopted the construction else they would not have
allowed this fund lie long without being carried back
to the treasury understand that the practice every
and then call upon the Secretaries Of the proper depart
mens to know whether any Of these unexpended apprPr
atoms will be further wanted for the purposes which they
applicable. If they wanted the Secretaries
and then, matter Of course they returned
to the treasury If they are wanted in whole, or in part
the information is given and action is taken accordingly.
In regard this identical fund understand that the fact IT,
that portion of it carried to the surplus fund only
the last settling day. or at the settling day succeeding this
Then as to the act of Is42 allow me say the Sem
ate that far back 1909, began with this subject Of
transfers We passed the subject in that year,
another in 1876 another in 1877 another l66 another
in 1890 in $780, and finally, passed another in the
year 1912 Sometimes these acts restrained the power
sometimes hey confined the to classes heads
Of appropriations, and sometimes to others But in 1872
when we began to DO more specific in eur appropriations
and endeayored to the hands of the Executive tightly
as possible, found that there some apprehension
that might go far in this matter. While these APP
preparations were made 30 strictly and specifically, It be-
came necessary to give some little power 10 the heads OF
departments lest the public service might suffer BY the great
stringency Of the appropriations. Under these circum
stances passed of the 26h Of August l842-hs
act which the from Virginia supposes to have
ceived its present operation from the construction given to
il by this administration inquired into the matter, and
ascertained that the under mistake in sup
posing that the construction of that act is due to the present
administration.
Mr.. HUNTER The senator will observe that did not
state it positively said informed, and supposed
il to be fact. will also say word in justice Mr..
Johnson, who was the Attorney General under General
Taylor stated that the opinion of the Attorney General
and the Secretary Of War seemed be in conflict BY the
Attorney General Mr.. Crittcnden, and not Mr..
Johnson Mr. johnson had given an opinion directly op;
pose TO that given by Mr. Crttenden IL dated April
Mr.. PEARCE. am aware of that. The act of IsA2 is
entitled
can legalizing and making appropriations for such
necessary objects have usually been included in the gen.
era appropriation bills without authority Of law, &C., and
for other purposes"
That part Of the law which refers the subject Of ans
rs is in the twenty section Of that act and in these
words.
"4ndb be ii frlr enacted &c, That in case the sum ap-
proprated for any object shall be found than sucsnt
be applied under the direction of the head Of the proper de-
partmen supply the deficiency of any other in the
same department Office Provided That the expenditure
for newspapers end periodicals shall exceed the
specifically appropriated TO that object by this act"
That is the authority under which transfers made by
the heads Of departments Formerly the Pesdent had
interfere in the There have been constructions
given by attorneys general 10 this by Mr. Aor-
General Johnson believe adverse the construction
prevailing, and by Mr. Attorney General Crtten-
den IN favor of it. There is also opinion Of the Comp
troer who, sometimes called upon TO give legal
opinions favor Of the construction But IL has received
practical construction in preceding administrations.
curious TO inquire into instances Of that and have had
some little difficulty in doing There is book, how
ever called the Register of Appropriation Warrants"
which manuscript book, and not indcxed u.s.
therefore, somewhat difficult search for particular case
However upon inquiries made by the First Comptroller
the results OF which stated in hrs opinion find that on
tho 25h Of November 1874 there transferred upon the
application Of the Secretary of War; by the Secretary Of tho
Treasury, for contingent the Office Of the Com
missioner Of Pensions, under the item for clerk
hire" the Of 81 900 for messengers in that Office
$500 each This transr made, OF course under the
authority Of the act Of Is42 which ia the last on that sub
jec IT, the from Virginia supposes the
limited the appropriated in IT, there would be
authority at oil TO Mr.. Secretary Wilkins one Of his
political friends for asking for this transfer The ansfer
made upon that construction Of the which think
right, while the senator from Virginia supposes have
been wrong. But that is the only instance which knd
OF transfers made under virtue Of this law. find that
under its authority transfers made by Mr. Secretary
Walker the 18th OF July, lSi5, the 25,h Of Sepem
ber l6i7 the l9h Of February, S4S and again on the
29th Of February, I64S Further search the Comp
iroler says, would probably have disclosed others
The therefore mistaken supposne that ha
construction given 10 this act and the practice under it,
ar