The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-11

appropriatng from one object 10 another within the same
according 10 MIR Johnson The third was that il gave
the power OF transferring from one OBJECT OF expenditure
in department to any other II this last construction
which is insisted upon by the senator from Maryland,
be true then we have reconcile II with these neon
sisencies; We have TO suppose that Congress, IN Mr.
Tyles administration, desired TO give hm larger dscre
ton than any other Congress ever desired TO give any
administration. We have 10 suppose that IN the ACT
which, upon It's face, shows that il was designed TO
strict executive discretion and powerlhat N such an ac'
as that was introduced provision which enlarged ITS
boundaries beyond any other OF which we have account
for The last twenty thirty years We have to suppose
that this enlargement was made by Congress which
showed lis hostility TO The power oil transfer IN the ad
mblsIauon by passing Jaw only 1--WE days afterwards
in which takes that power OF transfer from the Navy
Department altogether
But the senator from Maryland says that is no proof
that this provision designed 10 be permanent be-
IL is homogeneous with the provisions OF the rest of
the bill and To prove this he produced various instances
OF permanent provisions OF law introduced in bills with
whose general objects they were incongruous admit
that in practice. the incongrulty Of provision with
The residue OF the bill proof that not designed to
be permanent But ii there be two constructions oil a
particular provision in bill one OF which is Inconsistent
with s general spirit and the other not then thus neon
sstency Is an argument against the former and IN favor
OF the other. Now, this is the very mode by which Mr..
Attorney General Johnson elbows that the construction OF
the senator from Maryland is nadmissble and tina, the
provision could not more than to authorize trans
iers to different objects ia the bureau The senator
from Maryland will find, too, his line OF precedents
broken by this opinion OF The Attorney General who, by
the way, to have put derent construction upon
those precedents themselves, as his opinion will show
But the from Maryland seems TO think, in re-
auon 10 this power OF transfer, to the extent 10 winch
is pracsed that il is necessary Necessary Mr. Pfesl-
dent Can any Of these practices, either in relation TO
The surplus fund or the power OF transfer, be necessary
Up to the period OF 1881 1882 when MIR Bercn gave
his opinion such practices prevailed, and the govern
ment had gone very well without it. Up 10 1912 and
snce 1920 no such practice in relation 10 transfers had
prevailed, and the government went on very well with
out IT. Since 1872 right OF transfer has existed in
The Navy Department at all and the government has gone
very well without it, But il believed such practices
as these were necessaryf believed could not get
on without then-l should feel bound 10 go further, and
admit that our constitution impractcabe, and that
our experiment OF self-govenment had failed for, if
they be necessary, il is Indispensable give the Ex
ecutive power over the appropriation OF money and,
when that is done, its power will be unlimited, know
It may be said that although this power would be uum
tied in regard to appropriations il would no, be
collecting revenues Sir when come TO look at what Is
done with treasury circulars-wen that they bear
the same relation to the revenue laws that the opinions
Judges do to the statute aw-when come to what
The Secretary do towards increasing diminishing the
revenue from customs BY one OF those circulars think
we should be slow in admitting that the Executive could
do nothing towards raising revenue. In my opinion,
is one OF the siaEs OF the times, when like the
public characiercan consent 10 fold his arms and be-
hold such things these with indifference nay, when
he feels constrained 10 say that such practices
saTy and essential Is there nothing in the tendencies OF
the age-noihing in the natural graytation OF power
under our sysem-noting in the past history and pres
ent state OF executive power to alarm US IN relation to
seen 10 the last few years, within the territory OF the
United States, Executive not only raising, but dis
discussing, revenue without the authority OF law! Have
we not seen an Executive, without the least authority oil
law, calling State convention into existence, and pay
Ing III Have not seen il in fact virtually introducing
State here at your door, and inviting to claim adms
sion INTO tins Union, without the least previous intma
ton of any such desire the part of Congress- And
why was this dones Congress failed 10 extend the
nue. laws in time. Your executive authority pleading
The necessity OF the case did extend those laws. Con-
gress failed TO do its duty by giving territorial govern
lnent, and the Executive assumed call it into
State, and TO assemble convention and pay il.
Congress- owing to the commissions which occasion.
Ell, was slow TO settle great sectional excitement:
And thus the Executive in eject assumed TO settle, and
DID settle H. so far The most valuable portion OF The
subject in controversy was concerned And what do
year after year and day after day Is not Con
sresr yearly becoming more and more mpfaccable and
inefficient! DO not we see necessary appropriation bulls
delayedi Do not indispensable legislation even
postponed and neglected, until the machinery OF society
threatened with siopPage, and The great operations Of
seriously disturbed Then Steps in the Ex
ecuve with some ariice Of construction, some sht OF
policy, and by resorng TO something which 10 effect -
executive legislation, he removes lhe evil AMI remedies
The difhculty Who IS TO expose II, and call bun TO
account! Not Congress, because, in doug 80, they
would have 10 expose their ogn neglect Not the PEG
pie who know most about H. because they are relieved
By The inerposiion. And the effect IL that the prece
dent goes into the executive soiehouse Ia he used hetc
afterwe know not for what purpose What has any
Executive to 10 that desires 10 Increase its power, Ia
deed 10 use the whole powers OF the government, but 10
get up some great sectional excitement During The PEN
dency oil that excitement Congress becomes npF1clca
bic and netcIeni the people become too much absorbed
in The contest 10 watch all thai going aud The Ex
ecutre goes quietly and assumes The whole functions
of he government Ii il will only discharge them IN
such way TO relieve the people from the difficulties
imposed ~ nelhcen, legislation, il will hardly ever hap
pen hat either Congress The people will call IT 10 &C
count for lis usurpaons. When such practices
lhose which have exposed. which transfer the power
ovef appropriations from Congress 10 The Executive,
quietly acquiesced D aud declared TO be necessary
what are we 10 aueur for the future
Mr. President, bad intended 10 have made effort TO
reform these abuses by proposing amendment To this
lropraiion bill. orbore here, because il would have
delayed still further bill which has already fingered too
long, and the public interests might have suffered. 1t
my purpose yet To Try the question; Tor am unwilling 10
believe that The Congress OF The United States will ever
agree 10 say that such practices these jusihabe
nay that they are necessary the part oil the executive
branch OF Tie government What makes the prospect
siilI dsbcarienipg and gloomy is, that you
often hear The word oil despair falling from the lips OF
some Of our best and wisest They say that the
work OF consolidation has gone so far that il is useless
hodty in the Of 25h August, 1892 to authorize him
make such transfer
The power given by that act Is limited to transfers
within the bureau, and appropriations for such
objects umerated in It's twenty section"
In his opinion he says;
The second question submitted IT, whether the transfer
be made under the tweny-td section of the Of
18th August 1917 think Il would be singular "
such its design. Tho authority vested In the Pesi
dent by the act OF 1902 guarded IL seems In the
opinion OF Congress, have been liable abuse and
from time 10 time they restricted IT, until they almost
tally denied IT, nom the evident policy Of con6nng appro
prisons TO the specific objects for eh they made
a policy sound In theory 1t has been wholesome ia
this of