JAMES BUCHANAN.

WASHINGTON, _June 25, 1860_.

_To the House of Representatives_:

I have approved and signed the bill entitled "An act making

appropriation for sundry civil expenses of the Government for the year

ending the 30th of June, 1861."

In notifying the House of my approval of this bill I deem it proper,

under the peculiar circumstances of the case, to make a few explanatory

observations, so that my course may not hereafter be misunderstood.

Amid a great variety of important appropriations, this bill contains an

appropriation "for the completion of the Washington Aqueduct, $500,000,

to be expended according to the plans and estimates of Captain Meigs

and under his superintendence: _Provided_, That the office of engineer

of the Potomac Waterworks is hereby abolished and its duties shall

hereafter be discharged by the chief engineer of the Washington

Aqueduct." To this appropriation, for a wise and beneficial object,

I have not the least objection. It is true I had reason to believe when

the last appropriation was made of $800,000 on the 12th of June, 1858,

"_for the completion of the Washington Aqueduct_" this would have been

sufficient for the purpose. It is now discovered, however, that it will

require half a million more "_for the completion of the Washington

Aqueduct_" and this ought to be granted.

The Captain Meigs to whom the bill refers is Montgomery C. Meigs, a

captain in the Corps of Engineers of the Army of the United States, who

has superintended this work from its commencement under the authority

of the late and present Secretary of War.

Had this appropriation been made in the usual form, no difficulty could

have arisen upon it. This bill, however, annexes a declaration to the

appropriation that the money is to be expended under the superintendence

of Captain Meigs.

The first aspect in which this clause presented itself to my mind was

that it interfered with the right of the President to be "Commander in

Chief of the Army and Navy of the United States." If this had really

been the case, there would have been an end to the question. Upon

further examination I deemed it impossible that Congress could have

intended to interfere with the clear right of the President to command

the Army and to order its officers to any duty he might deem most

expedient for the public interest. If they could withdraw an officer

from the command of the President and select him for the performance

of an executive duty, they might upon the same principle annex to an

appropriation to carry on a war a condition requiring it not to be used

for the defense of the country unless a particular person of its own

selection should command the Army. It was impossible that Congress could

have had such an intention, and therefore, according to my construction

of the clause in question, it merely designated Captain Meigs as its

preference for the work, without intending to deprive the President of

the power to order him to any other army duty for the performance of

which he might consider him better adapted. Still, whilst this clause

may not be, and I believe is not, a violation of the Constitution,

yet how destructive it would be to all proper subordination and how

demoralizing its effect upon the morale of the Army if it should become

a precedent for future legislation! Officers might then be found,

instead of performing their appropriate duties, besieging the halls of

Congress for the purpose of obtaining special favors and choice places

by legislative enactment. Under these circumstances I have deemed it

but fair to inform Congress that whilst I do not consider the bill

unconstitutional, this is only because, in my opinion, Congress did not

intend by the language which they have employed to interfere with my

absolute authority to order Captain Meigs to any other service I might

deem expedient. My perfect right still remains, notwithstanding the

clause, to send him away from Washington to any part of the Union to

superintend the erection of a fortification or on any other appropriate

duty.

It has been alleged, I think without sufficient cause, that this

clause is unconstitutional because it has created a new office and has

appointed Captain Meigs to perform its duties. If it had done this, it

would have been a clear question, because Congress have no right to

appoint to any office, this being specially conferred upon the President

and Senate. It is evident that Congress intended nothing more by this

clause than to express a decided opinion that Captain Meigs should be

continued in the employment to which he had been previously assigned

by competent authority.

It is not improbable that another question of grave importance may arise

out of this clause. Is the appropriation conditional and will it fall

provided I do not deem it proper that it shall be expended under the

superintendence of Captain Meigs? This is a question which shall receive

serious consideration, because upon its decision may depend whether

the completion of the waterworks shall be arrested for another season.

It is not probable that Congress could have intended that this great

and important work should depend upon the various casualties and

vicissitudes incident to the natural or official life of a single

officer of the Army. This would be to make the work subordinate to the

man, and not the man to the work, and to reverse our great axiomatic

rule of "principles, not men." I desire to express no opinion upon the

subject. Should the question ever arise, it shall have my serious

consideration.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 205 / 249 题