“_Provided, nevertheless_, That, during the recess of Congress, the President of the United States may, and he is hereby authorized, on the application of the Secretary of the proper department, and not otherwise, to direct, if in his opinion necessary for the public service, that a portion of the moneys appropriated for a particular branch of expenditure in that department, be applied to another branch of expenditure in the same department; in which case, a special account of the moneys thus transferred, and of their application, shall be laid before Congress during the first week of their next ensuing session.” Is this act constitutional? If it be so, there is an end of the question. Has its constitutionality ever been doubted? It authorizes the President to take the money appropriated by Congress for one special object and apply it to another. The money destined for any one purpose by an appropriation bill, may be diverted from that purpose by the President, and be applied to any other purpose entirely different, with no limitation whatever upon his discretion, except that money to be expended by one of the Departments, either of War, or of the Navy, or of the Treasury, could not be transferred to another Department. It is not my intention to cite all the precedents bearing upon this question. I shall merely advert to one other. On the 10th of March, 1812, Congress appropriated five hundred thousand dollars “for the purpose of fortifying and defending the maritime frontier of the United States.” This was in anticipation of the late war with Great Britain, and is as general in its terms, and leaves as much to executive discretion, as the proposed appropriation of three millions. I trust, then, that I have established the positions that this appropriation originated from a legitimate source—was necessary for the defence and honor of the country, and violated no provision of the constitution. If so, it ought to have received the approbation of the Senate. When the fortification bill came back to the Senate, with this appropriation attached to it by the House, the Senator from Massachusetts (Mr. Webster), instantly moved that it should be rejected. I feel no disposition to make any harsh observations in relation to that gentleman. I think, however, that his remark, that if the enemy had been thundering at the gates of the capitol, he would have moved to reject the appropriation, was a most unfortunate one for himself. I consider it nothing more than a bold figure of speech. I feel the most perfect confidence that the gentleman is now willing to vote all the money which may be necessary for the defence of the country.