The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-22

,24 should like 10 know IL there Is any sanction
under the law OF for such OF the public money,
right in the face OF this provision OF the constitution
Here Is The appropriation, as shown by The chairman OF
the Committee on Finance amounting to upwards OF
IS 300 000 and vet told that the actual expen-
diture exceeds IS 100000 Now, cannot that any
law can sanction any such use OF The public money IN
the lace OF This provision oil the constitution
lido not beevs any law OF Congress can authorize an
expenditure OF live millions, under an appropriation OF
three millions think the senator is mistaken in his
o. ana provision Of ihs Jaw sMa ,. npk Isre
nate officers. whose expenditures exceed the appropria
tons, or who fail 10 make returns should be dismissed
from the public service and dsgraeed.
am in the performance OF painful duty, in comment
ing on these transactions But that duty must be per-
formed The exlravagant expenditures and awess acs
OF government officers in California are producing fatal
effects upon the best interests oil that country am NOR
hed to see disposition in both houses OF Congress 10
wisnnod approximations. and abstain from passing laws
that there is no restraint upon public oncers These aud
what money is appropriated will be wasted with no bene
HI 10 the State government must expose transactions
that give for these suspicious and will regardless
OF the consequences No portion OF The country IS sui
ferng as much for the want OF legislation as Cali iona
All we want the proper and legitimate aid OF the gov
eminent. and will continue TO advance with the giant
strides Of past years TO the important position des
tined to occupy in the Union.
/ Mr.. HUNTER. II is not my purpose to make speech
on this matter. merely wish 10 correct misapprehen.
sion into which the senator from California has fallen.
did not say that the act OF 1920 would justify the Quarter
masters department. any other department. in departing
from the law violating the law. The section OF the
law OF lS2O, TO which reference has been made, reads
thus
That shall hereafter be made by the Secre
taes Of State Of the Treasury Of the Department of
same, under appropriation adequate ulfment
and excepting also contracts for subssing and clothing
the army navy, and for the Quartemast
departments"
said that this law authorized such contracts on the
part OF the Quarermasters department for subsistence
clothing and when contract was made, II was for US
TO say whether or not we should appropriate for it. That
saying that the money could be drawn out OF the
treasury without appropriation by law. know that
cannot be done But contracts can be made and these
contracts according 10 law, may be made and good faith
will reqnire to pay them said, therefore, IN relation
to these deficiencies far they have been presented
10 us by the Quartermaser's department. we ought 10
provide for them, nasrnuch as they were debts incurred
under legal authority, unless it could be shown that
portion them contracts in violation OF law-uness
could be shown that any portion OF these accounts were
improper and ought not 10 be allowed Whenever that
is down, acknowledge is shown in which the ap-
preparations ought not TO be made but until that done,
the department has the right 10 make the contracts,
when il presents these estimates, see other
unless we mean to deny the army The of transport
taton and subsistence, but 10 make the appropriations
unless we can be shown SPECIFIC case OF abuse
money out Of the treasury without appropriations.
by law but that there was right TO make contracts for
these objects, and that when contracts were made, IT
seemed to me good faith required us 10 iulhl them
said the probability that they would be found neees
sary because found that the money provided for these
objects in the deficiency bill added to the appropriations
the actual expenditures for the last fiscal year BY some
thing like 100000. 1t therefore seemed TO me that
would be unsafe TO appropriate less than was estimated
for in this deficiency bill This is the explanation which
| have to make
| MIR GWlN. think the senator gave broader con-
strucon 10 this law few days ago than he does now
said and say now that the act of 1920 passed Tor
the purpose OF making contracts for clothing and sub
sisence, and the building Of navyyards and foIlihca-
tons that could not be completed within one year Time
necessary to have competition in the market Tor sub
sisience and clothing But was it supposed that
this gave power 10 any department OF this government TO
10 beyond the appropriations made by law TO make con-
tracts TO enormous amount The law ~ specifc M
its character to invite competition, and also that contracts
might be made for large amount OF materials 10 build
lori or navy yard But all these contracts were based
upon the fact that they 10 be binding only IN the
event OF an appropriation being made But this IS an en-
tirely different The that have brought TO the
notice OF the Senate is where an unconditional DRAFT
has been drawn upon the treasury These are not con-
tracts This furnishing OF money by the Quartermas-
department 10 carry out this Indian expedition has
reference 10 nothing OF this sort They have spent the
money They have not made contract 10 spend the
money when the appropriation should be made They
have spent the money and coming to US TO foot the
bill. This spending OF money and calling on Congress
TO meet the deficiency is enormous abuse that yearly
Increasing. do not think the law OF 1920 Juslihes
these expenditures do ! think il should have any
other than literal construction as was put upon II
at the time II was passed, which was to get the best
market for certain materials for the public service.
Mr.. HUNTER did not say that this clause would
shelter any abuse, or any departure from the es-
tablished laws OF the land said that this clause gave
the Quarermastes department the right 10 contract
for these objects. But when the contract was once
made, il seemed 10 that was our duty. IN good faith
10 provide for IT, That far as went. As TO the
particular item 10 which the senator has referred IN re-
gard 10 the recent transactions with the Indians, am
that these matters depend upon entirely different
thing The matters which he has brought 10 our notice
be right wrong, and when the case rs presented
for action the Senate will Judge According to the show
ing OF the senator from California. they to be wreng
He considers that great abuse has grown up there.
Notwithstanding this abuse, the power to which refer
red is avery thing, and might exist as At undoubtedly
does exist have read the law giving this power 10 The
Quariennasers department
Now in relation TO expenditures under this appropra-
ton The senator has quoted the appropriations OF one
year Does be say that they bad right TO ex.
pend the balance OF outstanding appropriations lo the
| year before Does he to say that they had no
right expend money paid into the treasury by repay
men But In addition 10 that they expended money by
transfer which objected. That was OF the very
abuses to which objected and which pointed out. But
there expenditure and above that OF moneys
which derived out OF the civil fund OF California
That is another and larger question: question which
do not touch-Damey, the right OF the government 10
spend the money raised by military contributions and this
civil fund.- without an appropriation by law: That be-
longs TO another bill, and TO another question entirely
The senator from California either confounds questions
or he misundersands me totally All that meant to say
was that this power 10 contract given TO the Quarter
masters department existed and where debt was thus
made under the law and in OF the law, saw
nothing left Tor rs but 10 provide for ITS payment
/ Mr.. ATCHlSON. now move TO postpone the further
consideration OF this bill until tomorrow, for the purpose
OF going into executive session.
i The motion agreed to.
EXECUTIVE SESSION.
The Senate of executive