III.  The allowance of a quarter’s salary to ministers and charges 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 charge 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 charge d’affaires.