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 charges d'affaires and
secretaries of legation who have not been appointed by the President by
and with the advice and consent of the Senate_.

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

That to entitle any charge 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
Stat