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

But. sir, this desire to enable Congress 10 control the
appropriations also led TO another mode OF legislation.
which was matter OF contest IN the early stage OF
our history between the two parties II led TO the pac
ice OF specific appropriations 10 retain the power in
congress, II was necessary 70 say for what purposes
money should be appropriated and il you look into that
subject you will find that the laws became and
stringent IN relation 10 transfers from subject o
pendlllre 10 another until in the year $780, they aboI-
sed the power altogether, with certain exceptions The
War and Navy Departments OF very limited character.
But even this power, limited ii in relation TO trans
iefs was mol allowed 10 be exercised BY any head OF
department without the consent oil the President Such,
Mr President, were the wise provisions by which laws
enabled Congress TO not only what amoants, but
for what purposes the public money should be expended
But sir, these provisions essential for another puT
pose, as said before. They essential 10 enable
the treasury books to be kept properly, and to have
Maryland says II impossible to have tho books oil
large exactly balanced He says that mer-
says that the trustee who has large estate in bis
charge cannot do IT, Sir said that they could be
settled accurately and precisely; but would be
indeed Change, 10 Tell the merchant that he
cannot balance his books precisely and accurately, there
fore he should have no periodical rests and balances 1t
would be VS. indeed 10 say that system OF public as-
counts could not be Kept with periodical rests and ball
ances TIE best system OF public accounts known in
the world is said 10 be that OF France The English
50 struck with Il that they sent commission examine
into Iha, system owes lis origin 10 the creative mind
o the great Emperor said, in the report OF that
commission, aud BY the French fnanciers that the
cause OF these great improvements that they ad0pt
ed the system OF book keeping by double entry, and
did strike periodical rests and balances did not pre-
tend TO say that il could be done with precise accu-
racy here but surely il be done with sufficient
accuracy TO enable Congress TO act nteligenty the
subject OF appropriations. II the outstanding balances
! OF appropriations were carried 10 the surplus fund
after Two years-lhat is 10 say, il the appropriations
ceased at that tme-how easy would il be for Congress
10 know the precise amount already standing 10 the
credit Of the Executive and the sum proper to b. added
BY appropriations II the accounts properly
kept and the balances struck they appeared on the
books the end OF each fiscal year, would Congress
be able to know how much had been drawn under each
head OF appropriation how much OF the money drawn
had been expended by discussing agents. as shown by
their vouchers how much remained in their hands yet
10 be accounted for, and OF the sum inus remaining in
hand after some Of experience, could not there be
made toerable approximate estimate to the portion
actually expended but not reJanded' Now, such
counts would mol give the precise state OF facts IN
laon TO receipts aud expenditures, bat they would give us
an approximation sufficiently pear TO enable Congress 70
act nIelgenty upon The subject OF appropriations And
surely this u matter Of vital Importance
But, Mr. President let where shall be led II
we adopt the other system-the system which now pre-.
walls in relation 10 the surplus fund.- and the practice OF
transfers referred 10 the fact before thai Tor the year
1851, Congress, order 10 limit the expenditures, appro
prated sum between $30O0OoO and 900 900, and yet
- 900 900 were expended. Congress could not limit IT,
because they could not know, under The practice that
prevailed, what amount OF credits the administration pos
sessed IN The shape OF outstanding appropriations winch
bad not been transferred 10 the surplus fund.- but which
ought 10 have been They therefore, had no. the
ot limiting the amount But let TO what II led.
The Secretary OF War wento appropriation, made on
The 81 March, 1si7 for pay OF ten regiments OF regu-
sporopraon OF than three years standing, TO the
Quanemasiers department. What then becomes OF thai
provision of the constitution which Gays inal in,isy
\ appropriations shall continue but two yeafsi Was
not that violation not only Of the spirit but OF the
letter OF this proyson He transferred 10 this way, after
Congress had SAID be should not have these appropria
lions about the amount for which he applied the
Committee on Finance, and which not gwen TO him
snd mus money Which Congress appropriated years ago
dreaming that il 10 be carried 10 such service,
was used more than three Yeas aitrwads Tor the
wee OF the Qaaftermasers department Bat let Us take
the of the steamer Wachnan, in which shall
fad, think, direct instance OF The OF money by the
Executive without any appropriation by law. lie referred
TO an old military appropauOnan Appropriation lor the
payment OF Florida militia, than yeas aqo-and
ogt Of that he paid the claim OF the Wstchmsn
Was that appropriation for that purpose Did Con-
gress design, could have been dreamed that they de-
sgaed when They made that appropriation, that ten or
twelve yeats afterwards il would be applied TO the pay
meat Of such claim Under what pretence il
done He transferred il 10 the old head OF appro.
prauon for tbe suppression Of Indian hoses, and the
latest date Of any such Appropriation was lsii under
there remained unexpended balance OF only sixty dol
larsit virtually all expended for this head Of ap
pfoprIaon covered immense II il existed at
ali. this petty balance vital spark which held it
alive. Under that preence this money expended,
ten years after II had BEEN appropriated by law, to The
discharge OF this old claim. II the Secretary Of War
balance Of appropriation for the payment OF Flor
ida Indians, eight or nine years afterwards TO pay such
claim this, for which Congress had not appropriated,
d,i be not virtually withdraw money from tne treasury
without an appropriation BY law And where, sir, is
such practice as THIS 10 lead us
i ask II all these things do not constitute an abuse
Iask II such practices these will not take from Con-
gress virtually the power OF regulating the appropriation
OF money! ask II will not in effect transfer the
Executive the means OF expeading money without APP
preparation by law N II does not in fact, attack The
constitution in OF lie most vital and essential ponts
And such, sir, The real issoe which nael did not
seek 10 make any administration particularly responsible
for these practices presented them the Senate and the
country, snd II Is Tor them 10 say whether these things
constitute abuse. Upon such issue, II was no
s~er TO show either that It bal been practsed BY pre-
vious administrations which admitted from the start,
or tbat il legal, because II u led TO soch
consequences these, IA u legal the law ought
10 be repealed. Bat | say, in my opinion u wss
not legal. Ia relation to tbe surplus fund, refer
rel before to the opinion of Mr.. Attorney General
Beuion, in 1891, and said that thought i'm
partial miDd could examine that opinion and come
ta a conclusion different from il Toe senator from
Maryland does not conovert that construction, but he
refers TO another opinion OF Mr. Attorney General Grundy
oi contrary tenor am willing that the two opinions
he examined. The construction placed upon il by Mr.
Bernen Is with the terms OF The act and would
save "a ffom The moastrous m,schefs 10 which
have referred The construction placed upon il by
/ Mr. Grnndy s, IN my opinion, inconsistent with the
/ terms OF the act but II " consistent,
ii could not be held 10 be true one, II IL
were shown that II would lead TO the consequences Of
which have been speaking. unless indeed, the terms OF
the imperatively require such construction, which
no one can pretend to be the case.
Bot Of the great mischies arises from this claim
the power oi transfer which made by the Executive
under ne OF 1924 section of an act which was
made proesscdy for the purpose OF cuvta'ng the Execu
tive power-for reducing 10 legislation matters which
/ La. IN. tf.uoA A.uasnt