Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
It has been urged that to grant money in such general terms would have
been a violation of the Constitution. I do not understand that the
Senator from Massachusetts (Mr. Webster), at the present session, has
distinctly placed it upon this ground. Other Senators have done so in
the strongest terms. Is there any thing in the Constitution which
touches the question? It simply declares that “no money shall be drawn
from the Treasury, but in consequence of appropriations made by law.”
Whether these appropriations shall be general or specific, is left
entirely, as it ought to have been, to the discretion of Congress. I
admit that, _ex vi termini_, an appropriation of money must have a
reference to some object. But whether you refer to a class, or to an
individual, to the genus or to the species, your appropriation is
equally constitutional. The degree of specification necessary to make
the law valid never can become a constitutional question. The terms of
the instrument are as broad and as general as the English language can
make them. In this particular, as in almost every other, the framers of
the Constitution have manifested their wisdom and their foresight. Cases
may occur and have occurred in the history of this Government, demanding
the strictest secrecy; cases in which to specify, would be to defeat the
very object of the appropriation. A remarkable example of this kind
occurs in the administration of Mr. Jefferson, to which I shall
presently advert.
There are other cases in which from the very nature of things you cannot
specify the objects of an appropriation without the gift of prophecy. I
take the present to be a clear case of this description. The
appropriation was contingent; it was to be for the defence of the
country. How then could it have been specific? How could you foresee
when, or where, or how the attack of France would be made? Without this
foreknowledge, you could not designate when, or where, or how it would
become necessary to use the money. This must depend upon France, not
upon ourselves. She might be disposed to confine the contest merely to a
naval war. In that event it would become necessary to apply the whole
sum to secure us against naval attacks. She might threaten to invade
Louisiana or any other portion of the Union. The money would then be
required to call out the militia, and to march them and the regular army
to that point. Every thing must depend upon the movements of the enemy.
It might become necessary, in order most effectually to resist the
contemplated attack, to construct steam frigates or steam batteries, or
it might be deemed more proper to increase your ordinary navy and
complete and arm your fortifications. In a country where Congress cannot
be always in session, you must in times of danger, grant some
discretionary powers to the Executive. This should always be avoided
when it is possible, consistently with the safety of the country. But it
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