The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-11

Whom the contract was made, ana not To this Ad-
ministration, which ordered Il 10 be paid, when
the accounting officers had ascertained the amour;
which was due Then it was the plain duty Of
the Secretary To order il to be paid.
4 IL viii he observed, that The fund out of which
this account was allowed, was one for the pay.
ment of the Florida militia; and the Senator,
think, said thai it was fund which was appro
priated in 1899 or in 1910. He complained thai
1t had not been carried 10 the surplus fund prior
to 1850. The fact that IL was not So carried, is a
practical construction of the act of 1895, equiva-
lent TO the theoretical one of Mr. Attorney Gen
eral Grundy in the administration of Mr. Van
! Buren,. This account remained unsettled during
nearly two years of Mr.. Van Buren, s administra-
ton, winch was purely Democratic adminlstra-
! ton. Then il came through the administration
OF Mr.. Tyler, which was, believe, an amphibious
| one. In II were some Of the Simon Pures, !
know; and do. mot know tina, the administration
was any the worse for that On the contrary, /
rather think it was improved by some of them.
1 Mr.. Nelson was sitting by Mr. Pr The admins
tration of MIR. Tyeradapted the same construction,
and Mr.. Folks administration adopted the same
construction, or else they would not have allowed
this fund to lie long without being carried hack
| to the Treasury. understand that the practice
IS every year to make out list of the uneXpended
appropriations, and then call upon the Secretaries
| OF the proper Departments TO know whether any
of these unexpended appropriations will be further
wanted for the purposes to which they were appli-
cable. lfthey are not so wanted, the Secretaries
say so; and then, as matter of course, they are
returned to the Treasury. IF they are wanted in
whole, or in part, the information is given, and
action is taken accordingly. In regard to this
identical fund, understand that the fact is, that
portion of it was carried to the surplus fund only
at the last settling day, at the settling day sue
ceeding this transaction.
i Then, as to the act of 1912, allow me to say to
the Senate, that as far back as 1909 we began with
I'll n -
the subject IN that year, another in 1916, another
in 1917, another in 1918, another in 1920, one in
| 1880, and finally we passed another in the year
1912. Sometimes these acts restrained the power,
sometimes they confined the power to some classes
! or heads of appropriations, and sometimes to
others. But in lS42,, when we began to be more
4 specific in our appropriations, and endeavored to
tie the hands OF the Executive tightly as posi-
| BILE, we found that there was some apprehension
that we might go too far in this matter While
these appropriations were made so strictly and
specifically, it became necessary TO give some little
power To- the heads Of Departments lest the public
service might suffer by the great strngency of the
/. appropriations. Under these circumstances, we
passed the act Of the 26th of August, lS42-the
act which the Senator from Virginia supposes to
have received It's present operation from the con-
struction given to it by this Administration.
inquired into the matter, and ascertained that the
! Senator was under mistake, in supposing that
Administration.
! Mr.. HUNTER. The Senator will observe that
! did not state it positively. | said ! was so in
formed, and supposed it to be the fact. ] will
also now say word in Justice To Mr.. Johnson
who the Attorney General under General
| Taylor. | stated that the opinion of the Attorney
| General and the Secretary of War seemed 10 be
in conflict, By the Attorney General meant Mr.
Criuenden, and not Mr.. Johnson Mr.. Johnson
had given opinion directly opposite to that given
by Mr.. Crittenden. 1t was dated April %. ls49
| Mr.. PEARCE. am aware of that. The act
| Of lS42 is entitled
ssAn legazing and ma king appropriations for such
necessary objects have usually been included gen
eral appropriation hills without authority OF law, &C. aud
| for other purposes
That part Of the law which refers TO the subject
of transfers is in the twenty-thrd section of that
| act, and is in these words:
7nd be il further enacted &c. That in case the sum
appropriated for any object shall be found than su-
cient 10 meet the expense thereby contemplated the
plus may be applied under the direction The ead
proper Department TO supply the deficiency Of o.!,er
item in ir same Department Office Prarii'. lHHi t
expenditure for newspapers and periodicals. shall exceed
the amount specifically appropriated that 9cct ~ this
act"
That is the authority under which transfers are
made by the heads OF Departments. Formerly
the President had TO interfere in the matter. There
i have been two constructions gwen by Attorneys
1 General To this act--one by MIR. Attorney Gene.
| raj Johnson, believe adverse 10 the construction
now prevailing; and one by Mr.. Attorney Gene
raj Criuenden, in favor of it. There is, also, an
opinion of the Comptroller, who II seems is some
times called upon to give legal opinions, in favor
of the constructions. l,at i, has received a pract.
cal construction in preceding Administrations.
was curious to inquire into some instances OF that
and have had some little difficulty in doing so
There is book, however. called the " Register Of
| Appropriation Warrants which is manuscript
book, and not indexed one il is, therefore,
4 n IL. Il L
| However, upon inquiries made by the FIRST
Comptroller, the results of which are stated in
| his opinion, find that on the a5th Of Move nbef
1874, there was transferred, upon the application
of the Secretary of War, by the Secretary of the
Treasury, for contingent expenses IN the office Of
the Commissioner of Pensions, under the item for
"extra clerk hire" the sum of 81 900 for two
messengers in that office at $500 each. This trans
| fer was made, Of course, under the authority Of
the act of 1912, which is the last on that subject
If, the Senator from Virginia supposes, the act
was limited 10 the sums appropriated in il, there
would be no authority nj all 10 MIR. Secretary
Wilkins, one of his own political friends, for
asking for this transfer. The transfer was made
upon that construction Of the sum which think
right, while the Senator from Virginia supposes
| ii To have been wrong. But that Is not the only
| instance which ! find Of transfers made under
virtue Of this law. find that under its authority
| transfers were made by Mr.. Secretary Walker, on
the ZJtn OF jury, 1919, on the SJih oi september
| l647, on the 18th of February, ls4S, and again
on the 29th of February, ls4S. Further search
as the Comptroller says, would probably have
disclosed others.
The Senator was therefore mistaken IN suppos
ing that the construction given TO this act and the
practice under it, originated with this Admnstra
lion, as he evidently did suppose. IL originated
with his own political friends. find no fault with
them for it, because differ from the Senator. I
really think that the construction which Mr.. Will
kins and Mr.. Walker put upon it was the true
| one. We must look little into the history Of le-
gislaton perhaps, in order TO have fair under
standing Of the matter.
IL was customary, in the early legislation Of this
country, it was in England, to pass independent
substantive enactments in relation 10 different sub
iects, and not TO crowd variety of matters, not
| german to each other, into the same bill. That
used to be the practice, and ought to be the prac
tice, il it practicable, now; in which, know,
the Senator will agree with me. But we know
that, for the last fifteen years, such a thing has
not been practicable. We know that such impede
ments have been thrown in the way of the legis-
lation Of Congress--l may not say during the
presen, session, by any means, but at former Con-
crosses, particularly in the House of Represent
atiyes-that IL has been almost impossible 10 oct