The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-30
CONGRESSIONAL.
SPEECH or HON. MR.. PHELPs,

oF MISSOURI
On the b for refundng the dutes On goodz wares and
merchandise destroyed b IRE delivered in the House
Of Representatives ca Friday, April Is, ls56-
Mr. PHELPS said Since the decision u he House made
yesterday, and since the decision made BY yourself Mr.
Speaker have made sOms hte examination Of the Law,
and the practice Of the government applicable the
under confederation In The first place constitution
provides that money shall be drawn from the treasury
Of the United States unless IN pursuance Of apPropA
uOn- Then the rule Of the BoGse provides that All pro-
cecengs touching appropriations Of money shall be fret
discussed N Committee Of the Whole House" Now, IL
conceded by yOarself Mr. Speaker when making the
decision that II under and by virtue Of the provisions
this bill The money named The certificates be issued
by these commissioners would be paid At the treasury
without any farther legislation, then IL aPprOpra-
tion bill and be consdrred IN the whole House On
the other hand your decision that The executive de-
parnsnt Of the government the accountng officers Of tie
treasury, would by the language Of this bill be
thorzed to pay the money specified in these certificates
And the question arises What has been the cORsruc
on given at the Treasury Department under similar acts
and the question also arises What is the natural meaning
and import Of the language Used in this bil do not
think Necessary Is il necessary that you should
in many words that The money rs hereby appropri
Aedh when yOu pass a bi directing money to be paid
out Of the treasury.
know that We have adopted practice which has been
followed many years but the for that practice has
long since ceased TO exisusng appropriation bills
the language that the Of money hereby Rppro
priaed out Of any money in the treasury otherwise
appropriated but that provision contained in bills
is utterly useless and Is being less reqaenuy
used. We adopted il a time when Cong had sci
apart $4,000 annually for the extinction Of the public
debt BY the Of 1917 $4,000 year set apart
for the Of the public debt That 70
be paid the evidences 81 the public debt presented
whether there any money left il the treasury for
rying on the government
therefore preserve the public faith and protect
the public credit 1t necessary in making appropra-
tons the language 10 be paid q any money
in the treasury not otherwise appropriated IN order thai
epcToachment should lie made the appropriation set
apart for the extinction Of the public debt Hence
animation Of The practice under which the accounting OH
Of the treasury have acted for long period Of time will
show that when the language he SeCreAfr u The Treas
ury hereby directed allow has been used II las been
construed making the appropriations No further legs-
Ation has been considered necessary authCz te Sec
retary Of the Treasury 10 pay the money.
Again when the Secretary Of the Treasury any
counting officer Of the government has been directed BY law
pay a certain Of money that without any spe
cnc language has always been construed 10 he Appro
PriAtiou- Can stronger language be used
The bil under consideration declares that these c7rh
shall ene the holder 70 b pHld TIE q money
therein specified on prexe19H Of said certificates The
treasury. To this there is nitaton-tnat said csrh-
be presented within year after their date
admit that the certificates shall lie presented and
paid within year after their date adduora legislation
viii be necessary Can stronger language 10 the
Secretary Of the Treasury than do when say that
these certificates shall Sfls the holder 70 BE- d pre-
seHaun treasury Ii would have been stronger
If the bill had contained the words @and the said
hereby appropriated 0 any money IN the treasury
otherwise appropriated Can legal gentlemen take
any other position
have before me decision Of the First Comptroller
Of the Treasury Elisha " Nhttlesey-A man who has
had much experience in the legislative well the
executive department Of the gUveTnDent-a able,
intelligent and learned in the law, whose political
opinions differ from uine, but man Who We al &C
knoEledge Is honest and faithful custodian Of the
public treasure Desiring to Obtain Information IN re
aion The practice Of the government and the consruc
tons which have been given Al the Treasury Department
o the various acts OF Congress which have been passed
where money has been paid o the treasury learned
from hm that the words shall paid have been
strued 10 appropriate the money.
fhN 1avr rrfTE hFFh rWN rRe-
from New York Ar. HAvESl must Be faniiA The
made IndCtnitr appropriation for the payment Of
the provisions q the act The language used 4 That
the pay alloEed by tins shall uader the direction d
The SsSrE:syy H The Treasury be pad the Ocer
commissioned of3cer, musician private &C CGdei
this millions oi dollars have bcen paid 10 revolut0nA
/ ~ Peasio1ers
Now sir what is tie language used in this bin Tb,
word pay used AID sir 10 tbe act Of 1882 the word
pad i used, and no specific appropriation made II
indefinite appropriation; and every gentleman
knows that the government Continually making these IN
definite appropriations in Consequence of which money
/ pGid sitho7t further legislation.
Mr. SIMMONS. viii the gentleman from Missouri allow
AK him question The government have Uiihil
my recollection AUTHORIZED the 8suAnoe o treasury poes
payable The treasury Nov sr has the Treasurer th
Secreary u the Treasury any right pay them until III
money Is specifically appropriated IT hal desgnaied pur
POse2
Mr. PHELPS Does not the gentleman from New York
acts Of Congress have been passed and
upon your statute book directing The Secretary q th'
7
ted Stsz and pay for them out Of The funds q bs
treasury without Ectfc having been appropriated
for that purpose So much 10 reply 70 the gentleman IRON
New York Now sir wl cite you 70 another act q Con
greEs passed IN s47 making provision for the aymsn q
property lost In the military service q the Jnted states
which provides that the ards made BY The Auditor and
confirmed by the Second Compoler q The Treasury shall
e paid out treasury. The language used is u SINH
Iar Import 70 that used IN this b Bat acs have eEel
been passed making any specific appropriations for hs
pavrnent 0f these claims and these claims have Tor
long series q yeafE been regularly paid The act q fau
lar 10 every member uhO has had any considerable bus
ness transactions At the departments
viii CAL your attention 70 another act passed n
ISL and read from The report made by M. Comptrois-
Whiillessy Who the ocisl discharge y bis duty 5e.
cared that the language used made the appropriation and
that no further legislation necessary 10 enable ht
claimant 70 obAin The money due under that act The
Law 4 ous authorizing AID directing the payment q inter
ct to The State o GeorVia for advances made the govern
meat durur the years s3s 1887 and s3s The anguag,
used is
That the Secretary * b. md Be hereby auih0r,
ized the state q Georgia for advEnces, Ae.
The only language here enpoysd upon vhieh the Firs
Comptroller decidsd that appropriation made VA
the word aNoar Under the act which have just read
the question arose the Treasury Department il vii
arise II we pass THE b whether Dot II made spprC-
ratiou and whether the Treasury Department could pay
ihe a0unt Of money fund doe The state cf Georgia
Ts following i tia opinion Of tie First Couproleg o
the Treasury
TEEsFUHY DEsAa-Erw7,
Comptroller Once, AgguEt l, 1851.
Bv an Aci approved March 4 Is5 the Secretary = =
uforze6 allow the State of Georgia, lBT al TanCs
made The United States for the suPprssu q certain Ia
hostss, interest upon AL allowed Ena paid, -
purpose aforesaid cu the date uf such sar Until h.
principal NAY BE- psd ey The JuItea