The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1877-10-19
First Message of President Hayes.

Fehow- citizens offhe Senate anil UouSe
Of Representatives.:
The adjournment of the last Congress
without making appropriations for the
support of the army for the present tis-
cal year has rendered necessary slls-
pension of payments TO the officers and
men of the sums due them for service
rendered after the 30th day of June
last. The army exists by virtue of
statutes which prescribe its numbers,
regulate its organization and employ
ment, and which fix the pay of its Off
GERS and men. and declare their riYht
TO receive the same ut stated periods.
The statutes, however, do not authorize
the payment of the troops in the absence
of specific appropriations therefor.
The Constitution has wisely provided
that mo money shall he drawn from
the Treasury but in consequence of
appropriations made by law;" and il
has also been declared by statute that
''nO department of the government
shall expend in any one fiscal year any
sum in excess of appropriations made
by Congress for that fiscal year." We
have, therefore, an army in service au-
thOrized by law, and entitled to be paid,
but 10 funds available for that purpose
1t may also be said as an additional
incentive 10 prompt action by Congress,
that since the commencement of the
fiscal year. the army, though without
pay, has been constantly and actively
employed in arduous and dangerous
service, in the performance of which
both officers and men have discharged
their duty with fidelity and courage
and without complaint. These cir
cumstances, in my judgment, con>ti-
tute an extraordinary occasion, requir-
ing that Congress be convened in ad-
vance of the time prescribed by law for
yonr meeting in regular session. The
Importance of speedy action upon this
subject on the part of Congress is so
manifest that ! venture 10 suggest the
proprieiy of making the necessary APP
preparations for the support of the ar
my for the current year at lis present
maximum numerical strength OF TWEEN
ty-iivc thousand men, leaving for future
consideration all questions relating Ia
an increase or decrease of the number
of enlisted men. In the event of the
reduction of the army by subsequent
legislation during the fiscal year. the
excess of the appropriation could not
be expended, and IN the event of lis
enlargement the additional sum requir-
ed for the payment of the extra force
conld be produced in due time. II
would be unjust To the troops now in
service, and whose pay il already
largely in arrears, if payment 10 them
should be further postponed until after
Congress shall have considered all the
questions likely to arise in the effort to
fix the proper limit Ia the strength OF
the army.
The estimates of appropriations fol
the support of the military establishment
for the fiscal year ending june 80, 1873
were transmitted to Congress by the
former secretary of the treasury 1T the
opening of its session in December last
These estimates, modified by the pres
ent secretary so as to conform 10 present
requirements, are now renewed, amoun,
ting to S32 ,436, 7Gl.9S, and having beer
transmitted TO both houses of Congress
are submitted for your consideration.
There is also required by the Navy
Department the sum of $50 ,3S6, l27
. This sum is made up of $l4 ,466, 1881 GO
due to officers and enlisted men for the
last quarter of the last fiscal year, 81,
ll9, $50 due for advances by The iisca
agent of the government in London fol-
the support of the foreign service, $50,
600 due to the Naval Hospital fund
100000 due for arrearages of pay t,
officers, and $40, 2l9.5S for the supper
of the marine corps.
There will also be needed an appro
priation of S262, 1922 10 defray Tia,
unsettled expenses of the United States
courts for the fiscal year ending June 81