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PRIL 27, 1832.]

Mission to France.

[H. OF R.

it soon they had been led to the more healthful practice but of assumption, in the House to meddle with it. But specific appropriations; although this, at first, carried now he had for the first time heard the opinion that the its side the power to transfer the sums intended for one contingent fund was not applicable to the pay of the minject to another. This was the case up to 1817, when a ister sent out during the recess of Congress. The fact gacious and patriotic man (he alluded to the present that leave had been granted for Mr. Rives's return, did not ce President of the United States) introduced a salutary alter the matter. Was there a vacancy? No. The miseck on that practice, and those transfers were forbid- sion to France was full. True, if Mr. Rives should choose n. Was the House now prepared to depart from that to return, he had the Executive sanction to do so: but he olesome restraint, and for what? Would they admit it might choose otherwise. Would any man say that the misa vote? He trusted not. Mr. B. admitted, that in sion would end in October next; and that, if Mr. Rives es of extreme urgency, such as would admit no delay, should remain after that, a new act of the Executive would President might use that fund, but he denied that he be needed? Surely not. The termination of the mission any right to do so, but such as was indicated in the was as perfectly contingent, as if it had never entered the nt of power. Was this a contingent matter? By no mind of any human being. It had been the practice to aus. This expenditure rested upon a matter that was pay the outfits and salaries of ministers from the contined and sure. Our minister had asked leave to return, gent fund, and he was a little surprised to hear the genhad received it. Was there here any contingency? tleman from Virginia [Mr. BARBOUR] say that it was a viod, because abases might have occurred in other cases, lation of the principle of specific appropriations. It was that make wrong right now? As to the expenditures certainly new to apply the term contingent fund to that 829, he had nothing to say: the defence of them must which was specific; or to call that specific which was as on other hands than his. But cases might have ex- uncertain and various in its application, as the wants of d, which authorized a resort to that fund. Mr. B. was Government could make it. No doubt, the power to use ct in the case then before him; and that was a matter it for such a purpose was in the President; and because he contingent, but (as far as human foresight could ex- had so exercised it, Mr. McD. would not reject this 1) certain and fixed. amendment. If the President should not choose to send Ir. McDUFFIE expressed himself sorry that the sub- a minister, and to pay him out of this fund, it would not had given rise to so much debate. He felt bound to be the fault of Congress. He was aware that the sum a word or two, however, in reply to the honorable taken in the year 1819, to pay our ministers, was aftertleman at the head of the Committee on Foreign wards restored; and what did that amount to? Was it irs. That gentleman seemed to suppose that if the done to correct any misapplication of the public money? se concurred with the Senate, it would be taking to correct the books of the treasury? Was it because there s with the Senate in the pending controversy. Did had been any thing wrong? any "transfer" of appropriaa consequence follow, Mr. McD. should agree with tion? By no means. that nothing could be more degrading to this House. Mr. McD. found, by experience, in his place in the he drew an exactly opposite conclusion: nor did he Committee of Ways and Means, that all the departments how the House could refuse, unless they did take part of Government were very much attached to their respectat controversy. The gentleman from Virginia had ive contingent funds, and, if they could apply for any that there was an obvious necessity for our having a object as specific in its character, they never failed to set ster to France; that we should not be one moment it forth as such, and get the amount which had gone for Was that language for this House to use? it back to their contingent fund; and the whole ground Senate had a voice in that question; but had this on which the money was restored was this, that the conse? Suppose the Senate thought the mission in-tingent fund had been so diminished, that the Government dent, (no matter how absurd the opinion,) could the wanted more money for it. He did not know how it could ident send a minister there without the consent of the be said in advance that the Government would need the te? He denied that the President alone represent- whole $30,000 this year. He was sorry the example of he power or the will of the people of the United Mr. Jefferson had ever been departed from: he thought es; and he was unwilling to do what might appear at that every President ought to send a full account (confiO control the Senate in the case. Mr. McD. would dential, if he pleased) to Congress, stating in what manner that if he had been in the Senate, he should not have the fund had been expended. There should be no conwith the majority in this case; but, if he had, he tingent fund under a republican Government, the expense d stay here till January before he would abandon his of which should not be, at some time, fully accounted for. nd for any act of the House of Representatives in re-In making the motion, he [Mr. McD.] was governed n to it. He never would surrender his rights. And by the idea that it was important the bill should pass, and oped the House would not do an act that might seem speedily. He would not, by entering into the controversy ply the smallest interference. As he understood it, between the Senate and the Executive, delay a bill so Senate did not mean to say that the President should much needed for the public service. If the amendment end a minister to France. They gave no opinion on should be disagreed to, great and injurious defay must nematter: all they had decided was, that they would cessarily ensue. He did not think the Senate would o an act that might hereafter interfere with their recede; and differing from them, as he did, as to the quesitutional power. He said the Senate had the right so tion at issue, still he did not think that, with their views, fuse: and the President had no right to send a minis- they ought to recede. They had a right to decide for without their concurrence. It was true that, in the themselves. The House could not coerce them to give s of Congress, he might send out a minister; and their assent to a mission, present or future, which they did Because the consent of the Senate was not requir-not wish to sanction.

out one.

Not at all. It was ex necessitate rei: because its con- [Mr. BARBOUR, in explanation and in reply to a remark could not be asked and obtained; and for that reason of Mr. McD., said that he had not regarded the continIt was now proposed that the Senate should com-gent fund strictly as a specific appropriation. The Exehemselves in advance; and yet the House was told cutive had its discretion, but that too was limited by the ppropriation was not contingent in its character. He words of the statute, fixing the warrant and the voucher not understand this. This brought him to the prac- for its disbursement. A range was given to the will of the question. He would not interfere--he had no right President, but that had still its boundary, which ought not erfere. He had nothing to do with sending ministers to be overstepped.]

d. It would be an act, not of supererogation only, Mr. BARRINGER rose to inquire of the chairman of

H. OF R.]

Gold and Silver Coins.

[APRIL 28, 1832.

the Committee of Ways and Means, as there were two fing him that his indisposition continued; but that he hoped funds called contingent, of $30,000 each, whether they to be able to attend on Monday next. were applied to different objects, or whether they On motion, the trial was thereupon postponed to Monmight not be applied to the same object. If so, then the day, at half past eleven o'clock. President had a contingent fund of $60,000 to go to.

Mr. McDUFFIE replied that he was inclined to think that either of the funds might be made use of. Congress had one fund for the contingent expenses of missions abroad. This was to meet various expenses incurred by our ministers, which could not be exactly foreseen; such as those for visits of ceremony, official dresses, and various small objects. The minister's salary was given to pay his own personal expenses.

GOLD AND SILVER COINS.

Mr. WILDE obtained the consideration of the resolt tion, offered by him some time since, modified as follows: Resolved, That the Committee on Coins be instructed to inquire into the expediency of authorizing prompt pay ment to be made in coin for bullion delivered at the mint; requiring a seignorage not exceeding the expense of con ing; and making gold a tender in large, and silver a legal tender in small payments only, or the reverse; and that the said committee do further inquire, and report, whe ther any and what evils or inconveniences result from the currency of bank notes of small denominations, and what are the appropriate remedies; whether it is practicable and expedient to restrain their circulation, by providing that the bills of such banks as issue them shall not be received in payments to, or deposites on account of, the United States, or by any other and what means within the legitimate powers of Congress; and generally to quire and report what further measures are requisite for the purpose of preserving an adequate supply of gold and silver coins in use, and increasing the specie currency of the country.

Mr. DRAYTON thought this a singular question. The House makes a specific appropriation for a particular object, the Senate strikes it out, not on the ground that the object is not proper and laudable, but because it may be paid from the contingent fund, to which fund the money is to be hereafter voted. There was no doubt of the necessity of this sum. The contingency of the event of Mr. Rives's return was settled; for he had not only asked for, but had obtained, leave to return. On this state of facts, should we insist on the specific appropriation, or direct the money to be taken from the contingent fund? It was said the House ought to interfere with the struggles between the President and the Senate. But in the present case, by refusing this specific appropriation, do we not take sides? The Senate contend that the appointment Mr. IRVIN said he rose merely to observe that Com should be deferred till its next meeting, and, to enforce gress had already one bank question, which was que that opinion, have struck out this appropriation. Shall enough at one time: and, believing this to be a disturbing we confirm this opinion by concurring in the amendment? question, and that Congress never would consent to interThe President had as much right to appoint, as the Senate fere with the currency of the country, he asked for the had to confirm. It was not in the power of the House to yeas and nays. sit with folded arms upon a question raised in this manner. We are to act on the facts before us. We are not supposed to know the reasons on which the Senate acted. This appropriation was intended for a specific purpose, and should be specifically made. The House had so decided when the bill was originally before us, and he saw no reason for departing from that decision.

Mr. VERPLANCK moved the following amendment to the resolution:

"And also to inquire into the expediency of making silver the only legal tender, and of coining and issuing gold coins of a fixed weight and pureness, which shall be received in payment of all debts to the United States st such rates as may be fixed from time to time, but shall not

The debate was further continued by Messrs. CLAY-be otherwise a legal tender." TON, BURGES, BARBOUR, and BURD;

When the question was at length put, and decided in the negative--yeas 81, nays 93.

Mr. VERPLANCK, in offering his amendment, stated that it offered, as he thought, the only plan which could secure the advantages both of a gold and silver currenty So the committee determined not to concur in the Se-combined with uniformity, which the fluctuating relative nate's amendment; (thereby retaining in the bill the item value of the two metals prevents when both are made for a new minister to France.) legal tenders at a fixed and unchanging proportion. The fixing upon one metal as the sole standard to regulate cotracts, seems to promise security upon long contracts, and makes that metal (as commerce and convenience have al ready done) the basis of our circulation. The regulation by Congress of the value at which a pure and unchange gold coinage shall be received at the treasury, (founde of course on the average market price of gold bullier, gives an authoritative declaration of its temporary wor to the people, as well as secures it a real value for the time. so that American gold coin would probably pass at th value, instead of being, like foreign coin, under the com trol of the broker.

The committee disagreed (by a majority of one) to the item for a statue of Washington; also, to the increase of the appropriation for the bust of Mr. Jefferson, from $4,000 to $5,000.

On the item providing for the publication, by the Secretary of State, of our diplomatic correspondence after the revolution, a debate arose. The committee at first disagreed to the item; but, on motion of Mr. DODDRIDGE, reconsidered its vote.

The question was then argued by Messrs. MCDUFFIE and VERPLANCK; when the committee, by a vote of 90 to 67, agreed to the appropriation.

The committee rejected a survey of Narragansett bay, and also the purchase of a bridge and road at the navy yard at Norfolk; notwithstanding the efforts of Mr. PEARCE in favor of the one, and Mr. NEWTON of the

other.

The committee then rose, and reported the bill to the

House.

Adjourned.

Mr. WILDE accepted the amendment.

Mr. ADAMS said he should vote in favor of the resol tion, notwithstanding the weight which he admitted to be due to the remarks of the honorable member from Ohio. It was a resolution of inquiry only; although it might, i deed, enter very materially into the question of the Bank of the United States. There were, however, many mat ters in it which were entirely of a distinct nature; part cularly that clause which related to the promptitude to be observed in furnishing coin to the depositors of bullion a the mint. He might say the same as to questions relating Samuel Houston being again placed at the bar, to the tenders of gold and silver. These were subject The SPEAKER stated that he had received another of great importance to the community, and not connecte communication from the counsel of the accused, inform-with any question relating to the Bank of the Unite

SATURDAY, APRIL 28.

APRIL 28, 1832.]

General Appropriation Bill.—Mission to France.

States; and he should be happy that a committee should be appointed to consider them.

The resolution as amended was then agreed to.

[H. of R.

peculiar situation, he ought perhaps to ask the indulgence of the House a few minutes. He was aware it was out of order to refer to the arguments that had been used in committee on this question. But in a few words he would submit the reasons that impressed his mind in favor of That a vacancy in this mission would take place before concurrence with the vote of the committee last evening. the next meeting of Congress, there was no doubt. There most important point of European diplomacy, and all was no contingency as to that fact. Paris was now the it was on the eve of convulsions, both civil and military, Europe was teeming with negotiations; to all appearance and France was the great point of emanation. The House had inserted this appropriation in the bill. It had been be drawn from this act of the Senate? This House was struck out by the Senate. What inference was fairly to authorized to draw no other inference, but that this Go

THE GENERAL APPROPRIATION BILL Was then taken up, and the various amendments reported by the Committee of the Whole gone through with, seriatim. No debate ensued until the House arrived at the item allowing extra clerk hire in the office of the surveyor general of Illinois, Missouri, and Arkansas. The committee had reported its disagreement to this amendment. Mr. ASHLEY moved that the House do not concur with the committee in this part of its report. A discussion then took place, in which the merits of Mr. McRee, the present surveyor general of that district, were dwelt upon; the amount of arrears which had accumulated in his office, (ten thousand plats of land being now wanted and not furnished,) and the necessity of addi-vernment should not be represented at Paris after the retional clerks, to bring up the business so as to meet the public exigencies.

Messrs. ASHLEY, Wickliffe, sevier, wildE, DUNCAN, BULLARD, CLAY, H. EVERETT, IRVIN, and MCDUFFIE took part in the debate; in the course of which, reference was made to the mismanagement in the General Land Office, and rather a smart colloquy took place between Mr. McDUFFIE and Mr. IRVIN on that subject. The discussion resulted in the House's concurring with the committee in its disagreement to the proposed amendment. The next discussion had reference to the item for the law agent in Florida. The committee had reported its disagreement to this amendment also.

Mr. WICKLIFFE made a strenuous effort to have the appropriation retained. He considered the services of this agent as important, in the collection and arrangement of testimony, and in preparing the causes for trial in a

court below; and he read a communication from General Call, in support of that view of the subject.

Mr. WHITE opposed the motion, and repeated and extended the explanations he had given yesterday on that subject. There remained no business to be done by such agent in the western and middle districts of Florida; and in the eastern district, all the causes of which the court would take cognizance, were ready for trial. He stated, in addition, that the individual now employed was very incompetent to the task for which he received his compensation. The President had continued him in office, notwithstanding the appropriation for his salary had, after discussion, been stricken out of the appropriation bill of

last year.

Mr. WICKLIFFE, in the course of his reply, observed that some further legislation was necessary in reference to the land claims in Florida. Unless the claimants were compelled to show some authority by which a Spanish subdelegate was empowered to make grants of land, the Government might calculate on being losers to the amount of many millions of acres of the public domain. This discussion, like the former, terminated in the concurrence of the House with the report of the committee. The item was disagreed to; and, for greater security, the bill was guarded by an express proviso that nothing there. in contained should authorize the payment of the law agent's salary.

MISSION TO FRANCE.

The chief topic of debate next came up, which was the striking out of the item of $9,000 for the outfit of a minister to France.

Mr. ARCHER said, if he was confident that the sentiments of the House would concur with the vote of the committee disagreeing with this amendment, he would gladly abstain from making any remarks. From the interest that had been felt in the question, and from his

turn of Mr. Rives. He was not authorized as a member

of this House to go into the discussions that appear in the
newspapers for the reasons of the Senate. What was the
duty of the House under the only inference we were jus-
tified in drawing from this act of the Senate? Shall we
give up our opinion of the necessity of this mission? Gen-
tlemen say the Senate have not agreed to this appropria-
tion, and therefore our opinions must be abandoned. Shall
this suggestion? Will the adherence of the House to this
we give up the opinion and the dignity of the House upon
opinion be matter of intrusion, or of right? It is said, if
we insist on the appropriation, we cannot force the Senate
such wish. No such effect results from this measure.
We have no
to consent to send a minister to France.
The question belongs to them, on their own responsibility,
when it shall constitutionally come before them. But
nobody doubts the propriety of this mission. It is said
from the contingent fund; and it had been argued in sup-
the mission should be kept up, but the outfit must be paid
port of this position that this was a contingent event. How
an event that was distinctly arranged and provided for,
could be properly called contingent, he would leave to
others to explain. The contingent fund was set apart for
unforeseen expenditures. Every one admits the existence
of this fund to be reasonable and proper. Why then call
on the Executive to devote it to the ordinary and settled
fund, that it is to be devoted to other services; he had
service of Government? We have said, in granting this
been surprised that the chairman of the Committee of
Ways and Means had not thought proper to explain the
objects of the contingent funds with his usual candor.
From his explanation, it might be supposed that $60,000
were available for objects of this nature. That gentleman
well knows that the contingent fund for all the missions
abroad is not one which applied to such objects; and
dresses. Sir, that is one of the lightest burdens upon that
suggested that it was charged with paying for court
fund. It is applicable to the payment of a variety of ne-
cessary expenditures appertaining to foreign missions--
such as expresses, books, maps, and other documents ne-
Cessary for the discharge of official duty. There is no
surplus of that fund applicable to the payment of outfits.
The contingent fund of foreign intercourse, amounting to
$30,000, was the only one from which this outfit could be
taken. Shall that fund be diverted from the important
objects to which it was devoted, for the payment of outfits
by which public interest might greatly suffer? It is said
that is the usage of the Government. If the recent usage
of the Government is to be our guide, outfits will not be
taken from this fund. For want of specific appropriations,
our last ministers have gone abroad without outfits. Who-
ever is sent to France to replace Mr. Rives, if this appro-
priation is denied, will be obliged to do the same.
well understood that the compensation of our ministers at
the principal European courts was very inadequate. Shall

It was

H. OF R.]

Mission to France.

[APRIL 28, 1832.

spectacle from which not a little profit might be drawn by those who were capable of profiting by experience. His experience had convinced him of this general truth, that, unless men are very firmly fixed indeed in principle, the most extravagant of all administrations must necessarily be that one which comes into power on professions of retrenchment. And why? Because they have no opposition to contend with.

we increase those burdens by denying them their outfits? it might with equal propriety be applied to another arti Outfit was required to defray the expenses incurred on cle of contingency. arrival. It was necessary to establish the minister in his Mr. McD. recalled the recollection of the gentleman new residence. Is it fair, is it rational, wise, or just, to from Kentucky, [Mr. WICKLIFFE,] who had occupied a deprive him of this allowance? Transfer of appropriation very honorable place in a celebrated Committee on Rehad been alluded to. Whenever this was done, it was in trenchment, to the views given in a report of that commit pursuance of positive law. No head of department does tee. The popular doctrine then held (the doctrine, said it without. Is it to be argued here that the President shall Mr. McD., on which we came into power) was that the do what is not authorized by our own laws? He was con- secret service fund was an anomaly in a republican Gofident the President would not do it, and the consequence vernment, an excrescence on the system which ought to would be that, unless the appropriation was granted, no be cut out; that there ought to be no secrets in a republimission would be sent. If the House concur in striking can Government, and no fund which a President of the out this appropriation, will any man say that it would be United States might control without responsibility; and, if the duty of the President, in the face of such a decision, he remembered right, a bill had been threatened, to to send a minister to France? How is the Executive to abolish the fund altogether. Mr. McD. had not entirely know the sentiments of Congress, but by our acts? Could concurred in the doctrines held at that day; he had beca any act be so expressive of our opinion that the minister much inclined, at the time, to believe that it was all a ought not to be sent? He would abstain from all discussion hoax; and he had since that day been called to witness a upon the topic which had been brought into the debate last evening. This body had nothing to do with altercations elsewhere. Whether the Senate were right or wrong in their positions, was of no consequence to him; he hoped this House were not prepared to retract their solemn opinions at the mere bidding of any body whatever. It was due to the dignity of the House to adhere to its original opinions until some reason was assigned for abandoning them. Mr. McDUFFIE, after replying to a playful remark of Mr. McD. said he was now a retrenchment man, but be Mr. ARCHER on the rapid progress he had made in defer- found that the principal practical advocates of retrench ence to authority, disclaimed all disposition to compromit ment consisted of a very small fragment of that party the dignity of the House. He thought complying with which came into power in 1829. He and his companions the Senate's amendment would have no such effect, while had been contending for retrenchment, against gentle. refusing to comply with it might justly be considered as men who were in favor of liberal expenditures. Long infringing, to a certain degree, on the rights and privi- habit, as well as principle, had confirmed those gentlemen leges of the Senate. He referred to the practice of the in their views, and it was not to be expected that the mo British Parliament as an illustration to show that the ment the new administration came into power, they should House might refuse a grant of money without exposing suddenly, and all at once, change the views and habits of itself to be called in question by any. He thought it many years. The administration, therefore, found none quite a new thing for the House to say to the other branch to oppose it. It was the case of two men who had been of the Government, you shall have a certain amount of standing shoulder to shoulder, and pressing in opposite the public money, whether you will or no. There was a directions. The instant one gave way, both would of question of prerogative involved, but it was not the pre-course fall in the same direction. And he was convinced rogative of the House. If the President had a right to that unless strenuous efforts should be made to curtail the infer, from the acts of the two Houses, that Congress did public expenditure, it must go on to increase every year. not approve of continuing the mission to France, the In respect to secret service money, he should approve of House had an equal right to draw the same inference from a law which would require the President annually to give the act of the Senate. And if so, ought it to make the an account, public or confidential, as he might choose, of appropriation for a mission which was disapproved? The the manner in which every dollar of it had been expended. Senate was the organ appointed to judge on such a ques- Mr. McD. concluded by expressing his anxiety for the tion. Was it for the House to contradict their judgment? passage of the bill, and his disposition to adopt such a The President, it was true, had expressed his opinion that course as should produce the least delay. a minister ought to be sent; but unless the Senate concur- Mr. WICKLIFFE observed, in reply, that it was somered, the House had not before it the Executive opinion. times pleasant to have the mind recalled to by-gone days The reason why the Senate struck out the amendment and had the report of the Committee on Retrenchment, was, that the adoption of it would be equivalent to decid- to which the gentleman had made such honorable refer ing in advance in favor of the minister who should be ence, been the offspring of the individual who then adsent, whereas, that body was desirous of retaining to itself dressed the House, he should no doubt recur to it with the right of deciding thereafter without commitment. great satisfaction. It was a source of regret that the From this opinion he presumed the Senate would not re- master spirit whose ability had produced that document cede. The gentleman from Virginia had expressed a was not now here to witness its praises; and it was still similar determination on his side; and what must be the more to be regretted that the principles of that report result? The failure of the bill, and the stopping of the seemed to have been forgotten alike by friends and foes. wheels of Government. And all this, because the Senate Mr. W. was now convinced of the soundness of the rewould not receive an appropriation of money that they mark made to him by the gentleman appointed to dras did not think necessary. No embarrassment could re-up that report, as having been made to that gentleman sult from refusing the appropriation, because the Presi- when conversing with one high in place, that the princi dent, if the money should be needed, could take it from ples of that report might do very well to get into power the contingent fund. This is one of the chief purposes by, but never would answer to practise upon. Mr. W. for which that fund was provided. The event was in law had been one of those who adhered to those principles strictly contingent. There was neither a legal nor any through good and evil report, and he thought it might not other certainty that Mr. Rives's mission would expire in be amiss to have the document reprinted, as many gentleOctober. The President might recall the leave given, or men seemed to have forgotten what it contained. the minister decline availing himself of it; and if the con- He could well excuse the gentleman from Massachu tingent fund might be applied to one item of contingency, setts [Mr ADAMS] for being in this number, as men were

APRIL 28, 1832.]

Mission to France.

[H. OF R.

He

apt to forget what was done for their own more imme- Mr. EVERETT said that, if he thought this subject of diate benefit. That gentleman had said that the Retrench- as much magnitude as the gentleman from Virginia apment Committee had proposed to abolish the contingent peared to do, he should certainly vote with him: but it fund for foreign intercourse, usually denominated the se- presented itself to him in a very different manner. Nor cret service money fund. The fact was not so. The did the gentleman seem, in the arguments he had adcommittee had recommended the repeal of only so much vanced, to be altogether consistent with himself. of the law of 1810, as allowed any part of that fund to be told the House that every body admitted we must have a expended in a manner not accounted for. The gentle- minister constantly at the court of France. The quesman from South Carolina, [Mr. McDUFFIE,] too, appeared tion, then, was not whether we were to have a minister or to have forgotten a part of that report, which was the no: for on that point all were unanimous. The question more pardonable, as the gentleman had told the House was in fact a mere question of form, viz. whether the that he was not one of those who "went the whole hog." minister's outfit should be appropriated in advance, or The gentleman would allow him, he hoped, to quote a should be paid when it was needed, out of the contingent small part of the report, for the refreshment of his me- fund. This was all; and it was impossible to make more mory. [Mr. W. here quoted from the report. ] He still of it, as far as that House was concerned. Mr. E. had held the opinion that it was not lawful for the Executive been willing to make the appropriation. But, as the questo take the outfit of a minister from the contingent fund. tion had been raised, and as the gentleman had intimated He had thought so in 1829, and he thought so still. No that the President had taken a stand in relation to it, and expenditure could lawfully be made from that fund, un-resolved that he would not touch the contingent fund for less where both the sum and the cause for its expenditure the outfit of ministers, in consequence of which two minwere alike contingent. Mr. W. was sorry to find that he isters had actually gone abroad without their outfit, it was was in error in point of fact on this subject, in supposing necessary to give the matter some consideration. Was that that fund never had been touched by the present ad- it right, was it just, asked the gentleman, to allow a minministration for the payment of outfits. ister to go without the outfit being advanced to him? Mr. He had never known, until now, that the outfit of the E. would say no; it is not right; it is not just; it is not minister to Colombia had been so paid. But on going to equitable to the individual, nor advantageous to the pubthe treasury to inquire into the fact, he had discovered lic service. And because Mr. E. was satisfied of this, he that the unexpended appropriations for salaries and out- would not take a step which went to fix such a principle. fits had been added to the contingent fund for foreign in- The case might often occur, when it could not be foretercourse, and that the whole had been lumped together, seen. A minister might die during the recess, and perso as to constitute what was denominated the diplomatic haps in the very crisis of some important negotiation. In fund, and some of the ministers to South America had that case, a new minister must go to fill his place; and been paid out of this fund. Should such a practice pre- Mr. E. now repeated the gentleman's own question, "is vail, all the benefit resulting from specific appropriations it right, is it just, is it for the advantage of the public would be lost to the country. He was not willing to force service, that he should go without his outfit?" the administration to violate the principles it had contended for in 1829.

As it was a thing unheard of and unthought of, even by the Executive himself, until the past year, Mr. E. would not lend his aid in establishing any such doctrine.

Gentlemen had travelled into the Senate chamber to discover the reasons why the Senate had struck this item The gentleman from South Carolina [Mr. McDUFFIE] out of the bill; and some had represented one of those seemed to think the report of the Committee on Retrenchreasons to be, that the President had no power, during ment a farce. But Mr. E. could assure that gentleman the recess of Congress, to send a minister abroad. Mr. that if he had been obliged to sit for more than six weeks W. did not understand the Senate as taking that ground. concocting that report, he would have found that no He understood them as only meaning to deny that the farce. It had been accompanied by a report from the President could, in the recess of Congress, originate a minority of the committee: that part of which that related mission which had never before existed; and in that senti- to the payment of outfits out of the contingent fund for ment Mr. W. fully concurred. As to any contest be- foreign intercourse, had been drawn up by him, [Mr. E.,] tween the two branches, he knew nothing of it. He but had received the sanction of the remaining member knew indeed that out of the House there was a great dis- of the minority, [Mr. JOHN SERGEANT,] of whom it gave position in certain quarters to lessen the popularity of Mr. E. pleasure to say that such a name would be held that branch of the Government; and a proposition had no mean authority, wherever it was known. That report even appeared in the Northern papers to cut down their had stated, not only that such an application of the conterm of service to two years, and to divide the Union into tingent fund was justifiable, but that it was a peculiarly senatorial districts. Such a measure, he hoped, would proper application of it. He thought so then, he connever succeed in this country. He trusted that that body tinued to think so now; and therefore he could not connever would be stripped of the salutary powers with sent to lend his feeble aid to establish the contrary position. which the fathers of the constitution had clothed it. If Gentlemen had denied that the case proposed to be prothere was any contest between the Senate and the Presi-vided for was a contingency. But was it certain that Mr. dent, Mr. W. was for taking no part in it on either side. Rives would return in October next? Admitting that the But it had been announced to them that the expected va- minister should not change his wishes to return, still Mr. cancy in our mission to France would not happen till Oc- E. could readily conceive a state of things that would netober next, and the Senate, perhaps, might think it not cessarily keep him there; nay, that would render it a proper to invite the President to send a minister abroad matter of the greatest affliction to be obliged to return. just upon the eve of the meeting of Congress. And in Suppose a difficulty should arise in regard to the convensuch a sentiment Mr. W. would concur with them. If tion that he had negotiated. Had they not already heard any thing in the state of the continent at that time should of some difficulty having arisen respecting it in the Chamrender it, in the opinion of the President, indispensable ber of Deputies? And had it not been quieted by rethat a minister be sent forthwith, let him take the respon- minding the members that no money would have to be sibility of sending a minister. But the Senate were not paid under that convention for twelve months to come? called on to sanction such a measure beforehand, and Mr. Mr. E. did not anticipate any real difficulty in the matter, W. agreed with the gentleman from South Carolina, that or any danger of a breach of good faith on the part of the this body ought to pay some deference to the opinion of French Government. But could any gentleman show that the Senate on the subject of its own rights and privileges. the minister might not, by this, or by some other suffi

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