A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Notwithstanding the explicit language of this act, claims for outfits
and salaries have been made--and allowed at the Treasury--by chargés
d'affaires and secretaries of legation who had not been appointed in the
manner specified. Among the accompanying documents will be found several
claims of this description, of which a detailed statement is given in
the letter of the Fifth Auditor. The case of Mr. William B. Lawrence,
late chargé d'affaires at London, is of a still more peculiar character,
in consequence of his having actually drawn his outfit and salary from
the bankers employed by the Government, and from the length of time he
officiated in that capacity. Mr. Lawrence's accounts were rendered to
the late Administration, but not settled. I have refused to sanction the
allowance claimed, because the law does not authorize it, but have
refrained from directing any proceedings to compel a reimbursement of
the money thus, in my judgment, illegally received until an opportunity
should be afforded to Congress to pass upon the equity of the claim.
Appropriations are annually and necessarily made "for the contingent
expenses of all the missions abroad" and "for the contingent expenses of
foreign intercourse," and the expenditure of these funds intrusted to
the discretion of the President. It is out of those appropriations that
allowances of this character have been claimed, and, it is presumed,
made. Deeming, however, that the discretion thus committed to the
Executive does not extend to the allowance of charges prohibited by
express law, I have felt it my duty to refer all existing claims to the
action of Congress, and to submit to their consideration whether any
alteration of the law in this respect is necessary.
_III. The allowance of a quarter's salary to ministers and chargés
d'affaires to defray their expenses home_.
This allowance has been uniformly made, but is without authority by law.
Resting in Executive discretion, it has, according to circumstances,
been extended to cases where the ministers died abroad, to defray the
return of his family, and was recently claimed in a case where the
minister had no family, on grounds of general equity. A charge of this
description can hardly be regarded as a contingent one, and if allowed
at all must be in lieu of salary. As such it is altogether arbitrary,
although it is not believed that the interests of the Treasury are, upon
the whole, much affected by the substitution. In some cases the
allowance is for a longer period than is occupied in the return of the
minister; in others, for one somewhat less; and it seems to do away all
inducement to unnecessary delay. The subject is, however, susceptible of
positive regulation by law, and it is, on many accounts, highly
expedient that it should be placed on that footing. I have therefore,
without directing any alteration in the existing practice, felt it my
duty to bring it to your notice.
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