ANDREW JACKSON.

_January 26, 1830_.

_To the Senate and House of Representatives_:

I find it necessary to recommend to Congress a revision of the laws

relating to the direct and contingent expenses of our intercourse with

foreign nations, and particularly of the act of May 1, 1810, entitled

"An act fixing the compensation of public ministers and of consuls

residing on the coast of Barbary, and for other purposes."

A letter from the Fifth Auditor of the Treasury to the Secretary of

State, herewith transmitted, which notices the difficulties incident to

the settlement of the accounts of certain diplomatic agents of the

United States, serves to show the necessity of this revision. This

branch of the Government is incessantly called upon to sanction

allowances which not unfrequently appear to have just and equitable

foundations in usage, but which are believed to be incompatible with the

provisions of the act of 1810. The letter from the Fifth Auditor

contains a description of several claims of this character which are

submitted to Congress as the only tribunal competent to afford the

relief to which the parties consider themselves entitled.

Among the most prominent questions of this description are the

following:

_I. Claims for outfits by ministers and charges d'affaires duly

appointed by the President and Senate_.

The act of 1790, regulating the expenditures for foreign intercourse,

provided "that, exclusive of an outfit, which shall in no case exceed

one year's full salary to the minister plenipotentiary or chargé

d'affaires to whom the same may be allowed, the President shall not

allow to any minister plenipotentiary a greater sum than at the rate of

$9,000 per annum as a compensation for all his personal services and

other expenses, nor a greater sum for the same than $4,500 per annum to

a chargé d'affaires." By this provision the maximum of allowance only

was fixed, leaving the question as to any outfit, either in whole or in

part, to the discretion of the President, to be decided according to

circumstances. Under it a variety of cases occurred, in which outfits

having been given to diplomatic agents on their first appointment,

afterwards, upon their being transferred to other courts or sent upon

special and distinct missions, full or half outfits were again allowed.

This act, it will be perceived, although it fixes the maximum of outfit,

is altogether silent as to the circumstances under which outfits might

be allowed; indeed, the authority to allow them at all is not expressly

conveyed, but only incidentally adverted to in limiting the amount. This

limitation continued to be the only restriction upon the Executive until

1810, the act of 1790 having been kept in force till that period by five

successive reenactments, in which it is either referred to by means of

its title or its terms are repeated verbatim. In 1810 an act passed

wherein the phraseology which had been in use for twenty years is

departed from. Fixing the same limits precisely to the _amount_ of

salaries and outfits to ministers and chargés as had been six times

fixed since 1790, it differs from preceding acts by formally conveying

an authority to allow an outfit to "a minister plenipotentiary or chargé

d'affaires _on going from the United States to any foreign country_;"

and, in addition to this specification of the circumstances under which

the outfit may be allowed, it contains one of the conditions which shall

be requisite to entitle a chargé or secretary to the compensation

therein provided.

Upon a view of all the circumstances connected with the subject I can

not permit myself to doubt that it was with reference to the practice of

multiplying outfits to the same person and in the intention of

prohibiting it in future that this act was passed.

It being, however, frequently deemed advantageous to transfer ministers

already abroad from one court to another, or to employ those who were

resident at a particular court upon special occasions elsewhere, it

seems to have been considered that it was not the intention of Congress

to restrain the Executive from so doing. It was further contended that

the President being left free to select for ministers citizens, whether

at home or abroad, a right on the part of such ministers to the usual

emoluments followed as a matter of course. This view was sustained by

the opinion of the law officer of the Government, and the act of 1810

was construed to leave the whole subject of salary and outfit where it

found it under the law of 1790; that is to say, completely at the

discretion of the President, without any other restriction than the

maximum already fixed by that law. This discretion has from time to time

been exercised by successive Presidents; but whilst I can not but

consider the restriction in this respect imposed by the act of 1810 as

inexpedient, I can not feel myself justified in adopting a construction

which defeats the only operation of which this part of it seems

susceptible; at least, not unless Congress, after having the subject

distinctly brought to their consideration, should virtually give their

assent to that construction. Whatever may be thought of the propriety of

giving an outfit to secretaries of legation or others who may be

considered as only temporarily charged with, the affairs intrusted to

them, I am impressed with the justice of such an allowance in the case

of a citizen who happens to be abroad when first appointed, and that of

a minister already in place, when the public interest requires his

transfer, and, from the breaking up of his establishment and other

circumstances connected with the change, he incurs expenses to which he

would not otherwise have been subjected.

_II. Claims for outfits and salaries by chargés d'affaires and

secretaries of legation who have not been appointed by the President by

and with the advice and consent of the Senate_.

A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term · 第 39 / 244 题