By the second section of the act of 1810 it is provided--

That to entitle any chargé d'affaires or secretary of any legation

or embassy to any foreign country, or secretary of any minister

plenipotentiary, to the compensation hereinbefore provided they

shall respectively be appointed by the President of the United

States, by and with the advice and consent of the Senate; but in the

recess of the Senate the President is hereby authorized to make such

appointments, which shall be submitted to the Senate at the next

session thereafter for their advice and consent; and no compensation

shall be allowed to any chargé d'affaires or any of the secretaries

hereinbefore described who shall not be appointed as aforesaid.

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.

_IV. Traveling and other expenses in following the court in cases where

its residence is not stationary_.

The only legations by which expenses of this description are incurred

and charged are those to Spain and the Netherlands, and to them they

have on several occasions been allowed. Among the documents herewith

communicated will be found, with other charges requiring legislative

interference, an account for traveling expenses, with a statement of the

grounds upon which their reimbursement is claimed. This account has been

suspended by the officer of the Treasury to whom its settlement belongs;

and as the question will be one of frequent recurrence, I have deemed

the occasion a fit one to submit the whole subject to the revision of

Congress. The justice of these charges for extraordinary expenses

unavoidably incurred has been admitted by former Administrations and the

claims allowed. My difficulty grows out of the language of the act of

1810, which expressly declares that the salary and outfit it authorizes

to the minister and chargé d'affaires shall be "a compensation for all

his personal services and expenses." The items which ordinarily form the

contingent expenses of a foreign mission are of a character distinct

from the _personal_ expenses of the minister. The difficulty of

regarding those now referred to in that light is obvious. There are

certainly strong considerations of equity in favor of a remuneration for

them at the two Courts where they are alone incurred, and if such should

be the opinion of Congress it is desirable that authority to make it

should be expressly conferred by law rather than continue to rest upon

doubtful construction.

_V. Charges of consuls for discharging diplomatic functions, without

appointment, during a temporary vacancy in the office of chargé

d'affaires._

It has sometimes happened that consuls of the United States, upon the

occurrence of vacancies at their places of residence in the diplomatic

offices of the United States by the death or retirement of our minister

or chargé d'affaires, have taken under their care the papers of such

missions and usefully discharged diplomatic functions in behalf of their

Government and fellow-citizens till the vacancies were regularly filled.

In some instances this is stated to have been done to the abandonment of

other pursuits and at a considerably increased expense of living. There

are existing claims of this description, which can not be finally

adjusted or allowed without the sanction of Congress. A particular

statement of them accompanies this communication.

The nature of this branch of the public service makes it necessary to

commit portions of the expenses incurred in it to Executive discretion;

but it is desirable that such portions should be as small as possible.

The purity and permanent success of our political institutions depend in

a great measure upon definite appropriations and a rigid adherence to

the enactments of the Legislature disposing of public money. My desire

is to have the subject placed upon a more simple and precise, but not

less liberal, footing than it stands on at present, so far as that may

be found practicable. An opinion that the salaries allowed by law to our

agents abroad are in many cases inadequate is very general, and it is

reasonable to suppose that this impression has not been without its

influence in the construction of the laws by which those salaries are

fixed. There are certainly motives which it is difficult to resist to an

increased expense on the part of some of our functionaries abroad

greatly beyond that which would be required at home.

Should Congress be of opinion that any alteration for the better can be

made, either in the rate of salaries now allowed or in the rank and

gradation of our diplomatic agents, or both, the present would be a fit

occasion for a revision of the whole subject.

A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term · 第 40 / 244 题