The daily union., 1852-04-11

amount OF money 10 carry on The public service and.
after debate and hard struggle, il was refused They
were told that they should not have 80 much and he x
tent and character OF the work was limited by TINS Iefu-
sal and in the very face OF that they exercised the power
TO the amount OF millions OF dollars And here IN the
case OF the CAPITOL 10 an appropriation Of Slooooo, we
nevertheless, senators very well know, binding IN
fact because nobody would refuse 10 ratiy them after
the work has been doneextendng over long period'
and involving millions OF dollars.
Nor do know why adoption oi this provso IN this
bill will create The necessity 10 attach II 10 subsequent
bills order to avoid the conclusion 10 which The SEN
ator from kentucky seems TO think would come
thar, by failing 10 put II on particular bill, we thereby
recognise the popriey OF exceeding the lawful authority
Bu IL he thinks il necessary matter what bill comes
up. il will be no great trouble 10 attach the proviso 10
forbid the officers OF the government 10 do that which
they have right TO do. and which they are manesy
Mr. MANGUM The administration. as ad.
vised-and have doubt the managers OF this work
have not exceeded the lawful authority invested 10 them
They have made contract in vioaon OF the auhori.
ties and powers conferred upon them by the appropriation
of the bundled thousand dollars by the last Congress
Mr.. RUSk. VIII the senator allow me TO interrupt
hmi alt Ea
Mr.. MANGUM. In one moment
Mr. RUSk. ! want 10 refer to mail contracts
\ Mr. MANGUM. Every contract which has been en-
tered INTO with view OF having the means and materials
a hand when the work was necessary TO be under
taken has been made upon the express condition that the
no obligation whatsoever either upon the President or
any OF his agents. unless Congress shall think proper to
make appropriation in due time
There is one other remark which want to make.
am prepared to vote for the proposed amendment of the
senator from New Hamshre; but very much hope he
will not propose il to this bill will vote for il as
performance Of duties reasonable time TO the Ia
borers hope the honorable senator, however, will not
persist in offering it upon this bill because 1t will, il
adopted have to 60 the House, and we get tbe
work done we continue 10 act ave have done for the last
few months. Now is the working season and the time
to advance the building, and every public consideration
hat IN forth
therefore, the amendment will not be offered to this BILL
because sending back TO the House may delay action
upon it Indefinitely.
AS to the amendment offered by the senator from Ar
kansas have never heard anybody dispute it or dissent
from il but we understand from gentlemen who are well
informed upon the subject that the law already guards
that sufficiently WE'LL and there s therefore, no need OF
its being attached TO this bill.
Mr. GWIN. do not intend 10 oppose the passage Of
this bill but if the Senate intends TO withdraw its
ton from any contract or prohibit any that has been
made, it is absolutely necessary 10 pass the provso
have some knowledge of the manner in which these
materials 10 be used in the building There is proviso
in The contract that until the appropriation is made, it is
to be Of effect But, wheneve the appropriation is
made then the contract holds. Now | know that
is the contract practice in all OF this description
know that was the practice in relation 10 some OF the
large custom-houses which have been built The con-
tract made for the whole OF the materials, and pro-
put that the contract was not to be binding until
appropriation was made. and when 1t was made i was
binding Therefore, il is intended not to permit any
to be made beyond the appropriation, this proviso
is absolutely necessary for. il II is not put in contracts
will be made a, for the whole building materials,
appropriations made but that when the appropria
tons are made, then the contracts are binding.
MIR. BORLAND. know that proviso is in all these
contracts That ls always expressly understood And
is, That II Congress shall at any ne fa 10 make Inc
appropriation necessary TO carry ont said work. IN such
case the execution of this work shall be suspended with
thereby creating any claim upon the United States by
the contractors" ! know that is IN all the contracts !;
but does everybody know that il the work or labor
done, will recognise il, and will not deprive the in
dividuals who have done the work OF their Pay' And
although the officers may have improperly contracted for
the work, il would not exoneEate US. II would, per-
here and shows that he has done the labor. and fur
nlshed the material Does any one suppose the Senate
or the other House would refuse TO pay for the work
when properly done' No, sir. not senator here nor
member Of the House They could not. in conscience
and in common fairness refuse to pay for the work.
Mr.. GWlN The gentleman has mistaken my argu-
ment. said the proviso necessary.
Mr. CLEMENS I shall vote against this amendment,
and all other amendments that offered 10 this bill AT
this stage As understand it, the law now prohibits the
President from making contracts beyond appropriations
II you put this provso in the bill you do not strengthen
it; for if he will disregard law already in existence.
what is 10 prevent him from disregardng this one! If
You can punish him for dsregarding this, you can
punish him for disregardng the others So how do you
strengthen the bill by this proviso' What good does IL
do WHAT'S the effect OF II but to send IL back 10 the
House OF Representatives. shall vote against the pro-
vlso.
MIR. RUSk. shall vote Tor tins appropriation.
voted TO reduce it, and thought ought 10 have done
believed that might, perhaps, have produced little
economy by that course The greatest abuses that
have noticed in my short service here the ntermina
BILE claims that are created by these agents You make
appropriation; they bound by law not 10 go beyond
IL; but they still enter into these kind oil contracts by
which claim is created against the government Gentle
may say il is not legal claim that il is made
donal upon appropriation OF Congress II they make
the appropriation, then il purpos 10 be binding
tract. Ii is true that they may make another contract
But here they have gone and contracted for the whole
OF the materials Tor the building which is erainy reck
less extravagance in the matter Ii is true, under the law
possibly this contracs might he set asde and
but ihen have you created here in the very teeth OF
and contrary the law, and contrary good policy
OF equitable claim that will hll your galleries with
agents pressing you to relieve such contractors by ap
proprialions OF money damages' II is the greatest
abuse in this government and that must be stopped
or ii will ruin it, You made appropriation some lime
ago for running the boundary line between the United
States and Mexico. You commissioner there; be
exhausted that appropriations and, il am correctly in.
iormed-and received my information from an inelli-
gent genileman-hree fouIths OF the money has been
squandered upon objects Of all appropriate 10 the
petition; and here in the deficiency bill, is appropr.
expended in collecting lizards bugs and plants and one
and another, which he ae ndng to- whilst
the commissioner the part Of Mexico absolutely
cheating him ont OF large portion of valuable territory,
properly belonging 10 us, and OF vast importance 10 the
United States We have that appropriation To make
You informed by the Quarermasers department tha,
drafts coming which cannot be met, constantly
Well. sir, il is time to stop this kind OF expenditure.
When the appropriation OF 100000 made, what