The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-30

Although the Secretary d War k not GutbOrizsd By
Law draw apon treasury the word .pay-
nsEf II caEnezion with tbs authority given 70 aHss,
shoss that the lntsstion q Congress Was to S what
That derived from the prohibtion in the
Proyso, that no Interest De paa any which Gesr
rA did ay lose Unsas sum ail0wed By
the seere q va sss 2 be paa the prosiso Sogd be
i Ito pay. Although the Secretary Acting Secretary
q the Treasury, only, Issue draw money
from the treasury YET the authorizing the accounting
ehosr aadt sste, and pGy the accounts of person
named have been deemed By the Secretaries Of the Treasury
hOsrs sstsd he GsoouHts ana reported
their hBdag The principal advanced By Georgia had
Of war had been paid interest principles mentioned IN
ths act and i seems that the intention u Con-
1pay' interest u her, Es well a. 70 ''alOg" it,
That ntentou, think appears from the act ITSELF wen
Secretary Treasury Authorized 10 aaE the interest
reported 70 be due ~ the Secretary of War the prin
ELISHA wHIrTLEsEY.
1t to be conceded Mr. Speaker by those who en-
tertain opinions different from mine that il under this
oi money can Be drawn frou the Treasury Department
without further Legislation BY Congress then APP
preparation b and under the rules be FIRST consid
cred in the Committee Of the Whole the Of the
Union My object is show that language analogous 10
that used bill has repeatedly construed by the
accounting officers Of the treasury appropriate money
show that be the fact under the uniform practice
the government for the last thirty years aDd perhaps
longer, then there be doubt Of the decision this
House ought TO make on the point Of order which
raised op yesterday.
Agnin-to give yet another instance In March 1852 an
act passed make compensation 10 the various land
officers Of the United States their services locating
military bounty land warrants The question the
Treasury Department whether the money to which those
registers and receivers caned they entitled could be
pad unless there further Legislation by Congress The
following i the ConptrOller1s opinion
TREAsuuv DEPARTMEsT,
Comptrouer's Office, March Y, ls52
Construction d SatHts-,oAAer appropriate money
The third secaon act Of ed March, 1854 as
lows:
That registers and receivers whether Of Office
the passage q this their legal representatives in
death, shall be entitled from the treasury
o the United States for services heretofore performed in
locating military boupty-snd warrants the OF
compensation provided in the preceding section for services
hereafter to be performed, after dedncng the amount al
ready received by such officers under the entitled An
require the holders Of military laad
pensste e land officers Of the United States for ssees in
relation the location Of those warrants approved May H.
ls4s PTocaed That register receiver shall receive
any compensation Of the treasury for past services who
charged Illegal for the location Of snch
Had proridcd, further, That register
ha receive for his services durng year greater
compensation than the maximum allowed BY Law"
question arises, whether this section contains APpro
pAIun GAas that the thai shall be found due
the respective registers and receivers mentioned therein
can be paid directly frun the treasury.
land 70 the poDrurS uissiuned eorrs uueians and pr
who served in the with Mexico, and should be
\ h0n0rsbiy discharged
These might be located the public lEnd
I Of the Cnited States subject 70 private entry.
The compensation Of registers and receivers Of the lano
Offices derived the passage Of this law, from salary
Of $780, and from per the money received and
money vas reosrd and No compensation paid for
vices rendered IN making the entries and reporting
the proceedings to the General Land Oce This loss Of
bad been the subject Of complaint BY the regis
and receivers u various land Offices and relief sSked
Or Congress.
Ths warrant, ssed under the art Of 1850 we're not
snabs and Congress requested 70 make them transfer
The first section OF the act q 22d March 1884, authorizes
\ the huldsrt 70 assign the wErrants-
The second section authorizes the registers and receivers
tn.
hdrs q the warrants; for their services IN locating them
the sohpensAtun percentage which they
titled b. Tor The public lands fer
This section expressly provides Tor the iHare when this
class o warrant. are located and restores these officers
the same e and tate of compensation they bad been
titled u before the passage q the act q February H. ls47
bat il did BOT provide or me past This accomplished
IN ~. third z.cr0n The rate a. for the
established the rate h-ed by the second section for the
futare bat fnas1nuch nftanoes
been located be charged those who had held
the but paid at all il must Be charged upon
4 H. Treasury Of The United states.
The words shall entitled receive from the treasury
q the United State not the language generally used -
appropriate money, any particular phrHseoogy pre-
seribcd b. the constitution tbe lsw.
Congress legisAting for iUdiEd claimant and
should direct accounting ooers what
due On certain pracss and should say The claimant ssha
be entitled = receive the from the treasury o the Uui
money b paid from The treasury. That IN effect Is this
case The act lays down certain defined rules FOR sscertan
% and Il it intended have appropriation b.
hnotber act it wholly unnecessary % haze said
sbout receiving the money from the treasury for the pay
ent would b directed By the act sFPrOprHfng the
II suCb Ect should be passed
The tneui3ua be leVlsture il Be the guide
strung rtatUtes IN cases u doubt
Cousderinz this language with the facts
section and oundeing the prohibition contained 10
pr0Visoss third section ny opinion H. that tie
third section section q appropriation for the cRss q
4 ELISHA wHITTLEsEY.
When Congress directs that certain persons shall be Al
lowed certain Sums Of money the accounting ocers Of The
trrAsury-tbose 10 office prior this administration
have decided that thai lAhEuRge makes appropriation
and the has been paid accordingly. Bot Mr. Speak
r. when any doubt arises my mind on any question
seek tie ADVICE q gentlemen W whose Judgment have
confidence asked the opinion Of The gentleman
Who II this b pass and he i retained in oioo viii have
70 pass On il His 0uiOn o the language used IN the bil
3 unofficial and given my request ! presented The
section Of ihe till which has beeu read from the Clerk
desk and nv inquiry was whether under the rules and
urre Of The construction of the Of the United
STATES that section made appropriation and rendered
further Legislation unneoessaryWhether IL enabled The
eaiuants Il passed obtain the money specified in their
uerahcnie. IN reading bis opinion beg aAy thai
Do % OIL in confirmation u my opinion for II bad
Ferpd from hm that difference would have existed until
Be exhibited Arguments sufficiently conclusive TO demand
change q ny opinion lie says
THEAsUET DtpsuT~rvr.
Couptgoiers OBos April Is, 1856.
Sr The latter n the fourth section q bi % refund
date. n CERTAIN follows Which said certificate
A entle person Person- named therein, the le
~ holder tbrre Ne pHid the also named therein,
rn a the sad certificate the treasury
be Uniisd States within year from its date, &c.
The aursun whether these words appropriate adequate
H-p q mDoy to pay the certificates that b. issued
der lie 5r8visons n the GCf2 NJ opinion - that the mo-
per al b. appropriated II the Ill becLmes a Law.
clanaes has been examined
a r.