Page images


and a person is appointed to fill that vacancy; plish of a mere partisan purpose. The major- pay their depaties or employés out of their fees the person who holds that office is an officer ity in Congress is perhaps two thirds in a party or salaries. You require the officer to go on of the Government, entitled under the law to

What is to prevent now the Judiciary perhaps for nine months to discharge the duties bis salary, just as much an officer of the Gov. Committee from carefully framing a law pre of the office, paying in the mean time all the ernment as if he had been confirmed by the scribing the term of otice of the various classes expenses of the office out of his own pocket, Senate in case the vacancy had occurred dur of officers of the Government and declaring upon the uncertain contingency of a future coning the session of the Senate. Suppose that that the President shall not remove any one firmation by the Senate, and then you provide the officer thus legally appointed should die of those officers except for such and such that in case the Senate does not see proper to before the Senate could act upon him. In that causes?

confirm the man, he shall not have anything case he would get no pay at all. Suppose there I venture to say, although the opinion of Mr. during all this period of time. That is the legal should be a division in the Senate on the ques. Madison has been read to the effect that we effect of this amendment; and I hesitate, I con. tion, and he should not be confirmed by the cannot control the power of removal, that no fess, to embark in that kind of conditions, but mere neglect or non-action of the Senate. The great statesman has ever declared that where I am perfectly willing to support the Senator officer thus legally appointed would get no pay. a man is appointed to office for a period of from Illinois in a proposition to limit by law

I see difliculties in the way. I should like time fixed by law, and the power is not given the power of the President over all the public very much, indeed, if it is within our power- to the President to remove him from that ollice, 1 officers. The amendment proposed by the SenI do not say it is not-to have some law passed he can be removed without canse. That power ator from Missouri did not go so far. It conwhich may limit and restrain the power of re is not conferred by the Constitution, and it is tained two simple propositions affecting mainly moval during the vacation of the Senate. In only derived inferentially-a power not to be those that were appointed to fill vacancies ocdeed, I do not think the question of the power

extended. It seems to me that this is the solu curring during the session of the Senate. It of Congress to limit and control the authority tion of this whole difficulty. I hesitate very met my approval. The amendment of the of the President to remove has ever been set. much to prescribe these tests in an appropria Senator from Missouri went no further than the tled. In my judgment, Congress may by law tion bill, and I warn Senators that we yield an law of 1863, but this goes a great way beyond limit the power of removal; and why?' The advantage, if I may so say, when we attach that, and I confess I hesitate in taking the step. power of removal is not conferred upon the these propositions to appropriation bills which Mr. HENDERSON. It is true that when President by the Constitution of the United must pass in the ordinary course of business. this bill was up for consideration a few days States. The Constitution nowhere gives him Whoever is President, we must have appro ago I offered two amendments, not going the the power to remove any man from office. It || priations to carry on the Government. We | length of the proposed amendment now pendis a mere inferential power, derived from camot justify any measure to restrain even a ing, but I am not disposed to think that this the power of appointinent. It was a power real, much less a fancied danger, by attaching | amendment cannot constitutionally be adopted. denied in the early organization of the Gov these clogs and qualifications to appropriation I think it can. I am not like the Senator from ernment, and as a Senator has suggested, a bills. Now is the time, while we have ample || Illinois, either, upon the subject of restraining resolution afirming it was only carried by the porrer, even by a two-thirds vote in both Houses || the power of the President to make these ap. casting vote of John Adams. It was regarded of Congress, to pass a just and wise law on this pointments. I freely confess that so far as I as a question of great doubt. The power of subject. I do not see any reason why the law am concerned that is my desire. When I first removal is nowhere conferred by the Consti should not now be passed. If so, it would offered amendments to this bill, I was gov. tution on the President of the United States properly come from the Judiciary Committee. erned by what had been the policy of the execin express terms. His power of removal is It could be there properly considered and utive governinent heretofore, and the claim of simply inferential from the power given him framed. The question ought not to be passed | power on the part of the Executive to make by the Constitution to appoint embassadors, on in this informal way as an amendınent to removals. I was willing to admit the existministers, and consuls, judges of the Supreme an appropriation bill.

ence of the power, simply because it had been. Court, &c. What is there in the Constitution These are my views, and I am bound to ex. exercised heretofore. Since I offered those to prevent Congress from regulating and con press them. I desire to accomplish to some amendments I have examined somewhat into trolling to some extent the power of removal? extent at least the purpose here indicated, and this subject, and I can state to the Senator Nothing whatever. We have done it in repeated probably I should go as far as the Senator from Illinois that I have partially prepared a

This very point was made at the time from Illinois desires to go in this amendment; bill covering this whole question, and I design we passed the first law organizing the national but I do not think it would be wise for us now going on and completing a bill wbich will probanks. It was then discussed whether or not to pass a proposition which would declare that vide, as I think, for almost every conceivable Congress could limit or restrain the power of an oflicer of the Government legally appointed I have, since that time, also examined the President to remove a man from office. The under existing laws in accordance with the somewhat into the history of this matter, and first law that was passed expressly provided practice of the Government from the founda. I have come to the conclusion-and I hope that he should not remove the Comptroller of tion to this time, shall receive no pay unless that it is a conclusion arrived at without any the Currency except on such and such condi we should hereafter confirm that appointment. | bias or prejudice froin existing circumstances tions. Where do we gain that power? From It is a stretch of power and of law that I think - that the President has no power constituthe Constitution, from the inherent right of there is no example of in this Government. tionally to remove an officer at all. Congress to pass laws which are binding on The case cited by the honorable Senator from

I am aware that Mr. Madison expressed his the President. I therefore admit that Congress Illinois is no parallel case, because that was a opinions repeatedly on the subject. I will may by law restrain and limit the power of the case where the appointment was made in vio refer the Senator from Maryland, who has President to remove.

lation of the Constitution, where the vacancy given the opinions of Mr. Madison in a letter But in my judgment the particular proposi occurred during the session of the Senate, and written in 1834, to his opinions given in the tion which denies to an officer legally appointed the President undertook during the recess to first debate on this subject in 1789. ` I honestly during the recess his salary except upon a con fill up that vacancy. There was a case where believe that all the mistake that has originated dition that may or may not happen, is at least he undertook to exercise a power and confer on this subject comes from the determination a very barsh and violent measure, which I an appointment which he could not do except of the lower branch, and the Senate also, at a would hesitate very much to resort to. There by the confirmation of the Senate, and the law subsequent period in 1789 on this very subject. is a remedy for the evil complained of, in mny properly declared that no money should be The Senator, of course, is well aware how the judgment, and it is without a measure of this taken out of the Treasury for such a bad and

question came to be decided in 1789, and I kind. I dislike very much to see these prop informal appointment. But this amendment really think it has been used as a precedent ositions attached to our appropriation bills. goes beyond that, and declares that a man shall

from that day this without any reason for it. They are in the nature of conditions to what not receive pay for an office to which he has The truth of the matter is that it is not a prewe ought freely to grant, appropriations to meet been legally appointed.

cedent for such removals as are daily made now the expenses of the Government. I do not The Senator from Illinois says it is no great || by the executive department of the Governlike to see them put on in that way; but if the hardship, because if a good man is appointed || ment. You will remember that immediately Senator from Illinois or the Judiciary Commit during the vacation the Senate will confirm after the meeting of Congress a proposition tee will frame a bill which will limit and restrain him; but I ask the Senator whether a man is was made to establish the various Executive the power of the President to remove from compelled to hold oflice in this country upon Departments. Mr. Madison moved to amend office, so that when a man is appointed for those terms and conditions. The framers of it. "The motion of Mr. Madison was: four years he shall hold that office during that the Constitution contemplated a necessity im

“That it is the opinion of this committee that there four years, unless he is removed for cause, to be pending upon the President to appoint officers shall be established an Executive Department to be submitted to the Senate, I will vote for such a during the recess of the Senate, and they pro•

denominated the Department of Foreign Affairs, at

the head of which there shall be an officer to be called proposition, and I say there never was a time vided for it. They are legal officers just as

the Secretary to the Department of Foreign Affairs, when this great question could be more fairly much so as I am. For us at this stage of the who shall be appointed by the President by and with met than now. It is admitted on all hands that session to declare that those persons thus le the advice and consent of the Senate, and to be reat least a jealousy exists between the President gally appointed shall not receive their

movable by the President." until

pay and Congress; I will not say war, because I do the Senate shall act at some future day, and The debate which has been cited as a prenot think th: ce is a war, but there is a jealousy that in the mean time public officers shall trans cedent

upon this subject originated upon that and a watch.ulness probably on the part of the act their business without pay for months, is proposition of Mr. Madison. Mr. Smith, of President and on the part of Congress. What rather an extraordinary proceeding. Take the South Carolina, moved to strike out the words is to prevent Congress now from passing such case of a revenue officer collecting large sums “who shall be appointed by the President by a law as I have indicated ? The majority here of money who has to appoint an army of depu- and with the advice and consent of the Senate. is overwhelming. We have no object to accom. ties, and in many cases those oflicers have to. The ground of his motion was that the Presi



dent had the power to make the nomination by without law. Although there was no positive || by the Constitution, Congress is authorized by the virtue of the provisions of the Constitution; decision on the point, perhaps the better of the Constitution to prescribe the tenure, terms, and conthat there was no necessity for providing by argument was inasmuch as we were in a state

ditions on which they are to be holden." law that he should nominate; but that when a of war, even if the President had not the power Sustaining fully the view taken by my friend law created an office under the United States to appoint those commissioners under the clause

from Ohio, (Mr. SHERMAN.] The third resoit was the duty of the President to make the which we have been discussing here, namely,

lution was in these words: nomination, but the Senate must confirm it; || that the President, by and with the advice and "3. Resolved, That the Committee on the Judiciary that the use of the words was mere surplus: | consent of the Senate, shall appoint embas

bo instructed to inquire into the expediency of pro

viding by law that in all instances of appointment to age; and the words were stricken out by a large sadors, ministers, consuls, &c., he certainly office by the President, by and with the advice and majority. But the important question then had the authority under the treaty-making

consent of the Senate, other than diplomatic appointarose; the proposition was made by Mr. Bland,

ments"power. of Virginia, to strike out the other words, " to The question came up again in 1827, and I

Of course, leaving the action taken by Mr. be removable by the President," and then desire to refer to the opinions that were then

Madison, in 1814, to stand as a valid actioncame the question. Mr. Madison upon that | expressed. In 1827 the Senate appointed a

“tho power of remoral shall be exercised only in

concurrence with the Senato; and when the Senate point used ihe following words, and they are committee to examine into this subject. That is not in session, that the President may suspend any much more clear and explicit than the words committee consisted of Mr. Benton, who was such oflicer, communicating his reasons for the sushe used afterward in his letter to Mr. Coles: the chairman, Mr. Macon, of North Carolina,

pension to the Senate at its first succeeding session;

and if the Senate concur with him, the officer shall "Mr. Madison did not concur with the gentleman Mr. Van Buren, of New York, Mr. Dickerson, be removed; but if it do not concur with him, the in his interpretation of the Constitution. What, said of New Jersey, who was afterwards Secretary officer shali be restored to oflice. he, would be the consequence of such construction ? It would in cficct establish every cilicer of the Govof the Treasury, Mr. Johnson, of Kentucky,

4. Resolved, That the Committee on the Post

Office and Post Roads be instructed to inquire into ernment on the firm tenure of good behavior; not the Mr. White, of Tennessee, Mr. Holmes, of the expediency of making provision by law for tho heads of Departinents only, but all the interior offi Maine, Mr. Hayne, of South Carolina, and Mr. appointment, by and with the advice and consent eers of those Departments, would hold their offices during good behavioi, and that to be judged of by one

of the Senate, of all deputy postmasters whose anFinlay, of Pennsylvania. They investigated

nual emoluments exceed a prescribed limit.” branch of the Legislature only on the impeachment the subject and made a report. The Senator of the other. If the Constitution means this by its from Maryland has relied upon the opinions

That was done afterward. I will now read declarations to be the case, we must submit; but I of Mr. Madison. I do not desire to read the

an extract from the remarks of Mr. Clay on Bhould lament it as a fatal error interwoven in the system, and one that would ultimately prove its whole of this report, nor any very considerable

the subject. Upon the introduction of his resdestruction. I think the inference would not arise portion of it, but I will refer to a passage from

olutions, Mr. Clay said: from a fair construction of the words of that instru

"The three first resolutions assumed that the Conment." it in order to show the reasoning in favor of the

stitution gave no power of removal from office by tho

President of the United States at his pleasure. He After a very long discussion, from which I || proposition that is now made by the Senator from Illinois. They say:

was fu'ly aware that this power was conceded to the will read only a few extracts from the speech

President by the first Congress which sat under the of Mr. Gerry, who was also a member of the

“It is no longer true that the President in deal

Constitution." ing out offices will be limited, as supposed in the Convention, it was decided by a very large ma Federalist, to the inconsiderable number of places

Alluding, of course, to the proceedings to jority that the power of removal should be given which may become vacant by the ordinary casualtics which I have referred. to the President. I desire to refer to the reof death and resignation. On the contrary, he may

“But since that period, except in an incidental disnow draw for that purposc upon the entire fund of marks of Mr. Gerry on that occasion. He

cnssion here four or five years ago, has never been the executive patronage. Construction and legislasaid:

discussed in Congress." tion have accomplished this change. In the very first

year of the Constitution a construction was put upon Alluding to the discussion upon the report “The Constitution provides for the appointment that instrument which enabled the President to creof the public otficers in this manner: the President

of Mr. Benton in 1827. shall nominate, and by and with the advice and conate as many vacancies as he pleased."

"He had carefully looked into the Constitution, as sent of the Senate, shall appoint embassadors, other Alluding to the construction to which I have

it related to the power of removal in the President, public ministers and consuls, judges of the Supreme referred:

and the result was that the power was not reposed in Court, and all other officers of the United States,

the President in the instance indicated in the resowhose appointments are not herein otherwise pro

“In the very first year of the Constitution a con

lutions. He believed the assertion of the power by vided for, and which shall be established by law." struction was put upon that instrument which enabled the First Congress was improvident, and not the Icast I call the attention of the Senator from Mary- || pleased and any moment he thought proper. This the President to create as many vacancies as he reason for this opinion was the confidence which that

Congress reposed in the wisdom, the prudence, and land to this opinion of Mr. Gerry, which is was effected by yielding to him the kingly prerogative

the patriotism of the first President, the Father of his of almost as much value as the opinion of Mr. of dismissing officers without the formality of a trial.

The authors of the Federalist had not foreseen this
construction. So far froin it, they had asserted the

Mr. JOHNSON. Mr. Clay had no such con"Now, if there be no other clause respecting the contrary; and arguing logically that the dismissing fidence in General Jackson. appointment, I shall be glad to see how the heads of power was pertinent to the appointing power, they Mr. HENDERSON. I am aware that the Departments are to be removed by the President had maintained, in No. 77 of that standard work"alone. What clause is it that gives this power in That is a number written by Mr. Hamilton,

Senator will find some excuse for the opinions express terms? I believe there is none such. If there is a power of removal, besides that by impeachment, because it is well known that Mr. Madison's

of Mr. Clay; but Mr. Clay was not alone at it must vest somewhere. It must vest in the Presi- | opinions were to the contrary. From the very

that period of time. Mr. Benton, hinself, at dent, or in the President and Senate, or in the Pres

the time these resolutions were offered, although origin of the Government down to the day of ident, Senate, and House of Representatives. Now,

he claimed to be the champion of the Adminis. there is no clause which expressly vests it in the Pres

death, he held that the President had the

tration of General Jackson, did not undertake ident. I believe no gentleman contends it is in this power of removal; but I must say, from an House, because that would be that mingling of the examination of the opinions of the leading men

to answer the report which he himself had exccutiyoand legislative powers that gentlemen dep

made in 1827, which I have just read to the recatc. I presume, then, gentlemen will grant that of that day, that Mr. Madison was almost alone.

Senate. The Senator from Maryland will of if there is such a power, it vests with the President, "They had maintained in No. 77 of that standard by and with the advice and consent of the Senate, work that if the consent of the Senate was necessary

course answer me that Mr. Adanis was at that who are the body that appoints. I think we ought to appointment, their consent was necessary to dis

time President; but it was not disputed in to be cautious how wo step in between the President mission from office; but this construction was over 1834 that the report made by the leaders of the and the Senate, to abridge the power of the one or ruled by the first Congress which was formed under incrcase the other. If the power of removal vests the Constitution; the power of dismission was aban

Democratic party in 1827 was not the true docwhere I suppose, we, by this declaration, undertake doned to the President alone; and with the acquisi

trine. I will refer the Senator to the opinions to transfer it to the President alone."

tion of this prerogative, the power and patronage of of Mr. Calhoun, in a speech delivered in FebThis proposition afterward went to the the presidential office was increased to an indefinite extent, and the argument of the Federalist against

ruary, 1835, which he will find in the second Senate, and after a discussion in the Senate the capacity of the President to corrupt members of

volume of Mr. Calhoun's Works. However upon the points involved in it, it was decided Congress founded on the small number of places was much he may say that Mr. Calhoun was opposed by the casting vote of the President of the Sentotally overthrown. So much for construction. Now

to the Administration, and that his constitu. ate that the Presidentofthe United States should

for the facts of legislation: without going into an

enumeration of the statutes which unnecessarily in tional argument may have proceeded from a have the power of removal. What was it that crease the executive patronage, the four years' dislike of General Jackson, and whatever may was decided? It was decided the law should appointment law will alone be mentioned; for this

single act"
* "places more offices at

be the Senator's feelings toward Mr. Johnson, be so constructed in creating the Executive the command of the President than were known to the present President, and his desire to sustain Departments, presided over by the Secretary the Constitution at the time of its adoption, and him in this matter, yet I apprehend, when I of State, the Secretary of the Treasury, and the is of itself amply sufficient to overthrow the whole

read a short extract from this constitutional Minister of War, that the President should at

argument used in the Federalist.' his pleasure remove them. That was all that

That was not the only time that this subject

view taken by Mr. Calhoun, he will find it

much more difficult to answer Mr. Calhoun's was determined.

was considered in Congress. I find that in The question arose again, it will be recollected, 1834 this question came up again. Mr. Clay,

arguments than he does to say something in

favor of Mr. Johnson. I call the attention of in 1814, upon the appointment by Mr. Madison

on the 7th of March, 1834, introduced into the of the commissioners to settle the terms of Senate some resolutions in regard to it. I

the Senator from Maryland to this argument wish to direct the attention of the Senate to

of Mr. Calhoun. It is put much better than I peace with Great Britain. Mr. Madison, it

could possibly put it.

I will read a short will be remembered, made an appointment of those resolutions, and also to the opinion of

extract from it. It seems to me it is perfectly commissioners to go to Europe on the subject Mr. Clay, which I think is dispassionate and

conclusive: correct. The first resolution was in these of peace and to meet commissioners to be

"If the powerto dismiss is possessed by the Ex. words: appointed by Great Britain, without any law

ecutive, he must hold it in one of two modes: eitber vi Congress whatever. A proposition was

1. Resolvedl, That the Constitution of the United by an express grant of the power in the Constitution,

States does not vest in the President power to re or as a power necessary and proper to execute sono offered in the Senate declaring that Mr. Mad move at his pleasure officers under the Government power expressly granted by that instrumont. All ison had exceeded his powers on that subject, of the United States whose offices have been estab the powers under tho Constitution may be classed and the question was discussed as to the power lished by law.

under one or the other of these heads; there is no

"2. Resolved, That in all cases of offices created by intermediate class. The first question then is, has of the Presideut to make such appointments law, tho tenure of holding which is not prescribed

the President the power in question by any express

grant in the Constitucion? who afirms ho has, show but seventy-five removals, not two a year. Illinois, the public service will suffer. I differ is bound to shovit. That instrument is in the hands

But when General Jackson came in, the first with the Senator from Ohio. I say that public of every weiber; the portion contilining the delugation or power to the President is suori.

It is com

year showed some two hundred and thiriy, i, patronage, as great as the Executive can have prised in a low scuiences. I ask Senators to opeo and after that, I believe, some four or five if he can turn out every officeria the land, will tue Coustitution, to examinc it, and to tod, if lucy

thousand; and from that day to, ibis it has tend, and does inevitably tend, to sustain the can, any authority of the President to dismiss any pubiic ouicor. None sue'ı can be found; to Consti been the continual practice of the Executives President in his public policy. tution was been carciully.ex.unicu, and no one pre to seize upon the offices of this country for the Mr. JOHNSON. It weakens him. tenus to have found such a grant. Weil, then, as

purpose of increasing their power and patron. Mr. HENDERSON. If it weakens him, there is noucouch, i'it exists at all, it must exist as a power necessary and properto execute omegranted age. When we come to examine the Constitu then let the Senate thus strengthen the Presipower; but it it exists in that cuaracter, it belongs tion we clearly come to the conclusion that the dent. If that be so, I am in favor of strength. to Congress and not to tho bxecutive. I venture not this inscrion bastily: I speak on the authority of

President has no power to remove an officer. ening the President. The Senatorinsists that by the Constitution itseli-il express and unequivoral \l'hy should be have the power? Ile may leaving this power in the bands of the President authority which cannot be denied nor contridicted. nominate, and by and with the advice and con we weaken him. Then I will change my course licar what that sd Teil i strument sys: 'Congress shall have power to wake all laws which shall be

sent of the Senate may appoint an oflicer, but of policy, and I will attempt to strengthen the necessary and proper lor carrying into executiou the

where does he get the power, as was very propo President. I will at icast say that the Senate 1oregoing powers (those branted to Congress itself.) erly said by Mr. Calhoun, to remove an officer of the United States ought to have some con. and all other powers vestcil by tuis Constitution in the Government or the United States, or in any after he has once been placed in office.

trol over these offices. I have no prejudice Duparin unt or officer thereos. Mark tue vullness of

I know that a great miny inconveniences against the President of the United States. I the expression. Congress shall have power to make may be conjured up. I know that in a great diifer with him in policy. After an examina. all laws, not only to carry into ctrect the powers expressly dlciegated to it: ii, but those delegated to the

many cases it would be very inconvenient tion of this question, and I think I have come Governmeni, or any Department or olicer thercot';

indeed to deny the existence of the power. to the conclusion conscientiously, I believe that comprchending, vi course, the power to pass laws The Senator from Ohio may very properly the Senate has a right to say when a man is to necessary and proper to carry into citect the powers expressly granted to the executivo department. It

say that if this proposition should be adopted | be removed from a public ofiice. I believe that follows that, to whatever exoress braut of power to

many inconveniences will arise in some dis the Senate is a part of tlie appointing power, the Executive the power of dismissid my bebesup tricts in regard to the collection of the revenue. and that it is also a part of the removing power. posed to attach; wether to thill of song tie liews faithiully executed, or to the still inore compreien

But let us look at it in another point of view. There is no power in the Executive to remove sive grant, as contended for by some, vesting execu Suppose that the President is a corrupt man, any man when once in oslice unless he gets the tive powers in the President, the more fact that it is what then? I would that I had time to read consent of the Senate thereto. a power at purtenant to another power, and neces"sary to carry itinto cFeet, trausiers it by tue provis

from the reports made in 1827 and 1835 upon Mr. Webster was supposed to be almost as ions of the Constitution cited to the Executive to this subject, wherein they expressed so much good a constitutional lawyer as Vr. Vadison. Congress, and places it under its control, iv be regu distrust. wherein they expressed so much appre Jir. Webster made a speech in this same dis. lated in the manner which it may judge best."

hension of dangerin the futurearising from this cussion in 1835, an extract from which I will Again, Mr. Calhoun in this argument says: extraordinary power in the hands of the Pres. read, and to which I call the attention of the "Such are the arguments by which I have been ident. We must recollect that now there is a Senator from Maryland. He asked me to show forced to conclude, that the power of dismissing is not bodged in the President, but is subject to be con

change in affairs; that where there was one it to him. I have it in my hand : trollou and regulated by Congress. I say forced, be office then, there are ten now. Look at the

“After considering the question again and again cause I have been compeiled to the conclusion in vast machinery for the collection of the inter within the last six years I am willin: to say that, in spite of my previous impressions. Relying upon the early decision of the question, and tuc long acquimal revenue of the country. Has the Presi.

my dcliberato judgment, the original decision was

wrong." escence in that decision"

dent the power when we adjourn, to lay lis
hands upon every collector and every assessor

That was the decision of 1789, from which Reterring to the argument in Congress in

in this broad land and turn him out? If so, 1 1781

I have read: I had concluded, without examination, that it had

apprehend that Congress expressing a differ "I cannot but think that those who denient the ence with the Executive will avail noihing.

power in 1.89 had the best of the arguinont: it apnot been disturbed, because it rested upon prin;

pears to que, aiter thorough and repcated and conciples too covar and strong to admit of doubt. I However this Congress may differ from the scientious examination, that au erroncous interpreremained passively under this impression, until it becaulo necessary, during the last session, to examine

President in political desires for the future; tation wis given to tie Coustitution, in this respect, the question, when I took up te discussion ou it in whatever may be the conflict between us, tbat

by the decision of the First Congress." 1:59, win the expectation of baving my previous conflict will not last long; it will last but a very

It is unnecessary to read from other portions impression confirmed. The result was different. I

short time. Can the President, as soon as this of this speech. It is certainly a very able struck, on reading the debate, with the force of the arguments of those who contended tuat the

Senate shall adjourn, lay his hands upon every argument, and one which I think as clearly power was 100 vested by the Constitution in tho officer in this land, upon the consuls and min sustains the position which I assume as the Exccutive. To me they appeared to be far moro statesmanlike than the opposite arguments, and to

isters abroad, and upon the assessors and col. argument of Mr. Calhoun. They were cerpartike much inore of the spirit of the Constitution. lectors and all the vast machinery for the col tainly both able, as also the report of Mr. Aiter reading this debate, I turned to the Constitu lection of the internal revenue? Can he scize Calloun made in 1935. tion, which I read with care in reference to the subject discussed, when, for the first time, I was struck

upon all the post offices in the land? I do not The amendment of the Senator from Illinois with the full iorce of the clauso which I have quoted, say that he will do so; but I apprehend that

is in these words: and whici, in my opinion, forever sollies the coutro if I were the President of the United States, SEC. –. And be it further enacted. That no person versy. and differed as materially from Congress as he

erercising or perforumg or undertaking to exercise Mr. President, no man can read the debate seems to differ from us, and I believed I pos

or perform the duties of any oflico wnich by law is

required to be tiiled by the arivice and consent of tho of 1789, as I have done within the last two or sessed this power, I would do so.

I do not

Senate, shull, betoro confirination by the Senate, three days, without coming to the same con suppose that the President is a better man than receive any salary or coin pensation for his services clusion. Mr. Madison and those who con

unless such person becominissioned by the President I am; I do not say that he is a worse man than

to fill up a vacancy whicu lius bappercd by death, tended with him, it seems to me, were in favor I am; I apprehend that we are all actuated by resignation, or expiration of icrm during the recess of leaving this power in the hands of the Pres the same feclings and by the same motives. I

of the Senate and since its last adjournment. ident by their legislation simply because they do the President the credit to suppose that he The Senator evidently intends to refuse pay: had entire confidence in the l'ather of his Coun acts conscientiously in his political opinions; ment to the successors of those men who sbail try. I have looked at this question of removal, and if he does, why should he not undertake be removed without cause by the President. and I find that during the whole eight years to carry out what be terms “my policy?''If That is the meaning of it. It can have no other of the administration of General Washington, he lays the heavy hand upon all the public meaning. Now, as I suggested to the Senator after this debate in Congress, and after the offices in this country, what avails it that the this morning-aud in much that the Senator admission that the power rested in the Execu people may speak against him, or Congress from Ohio said I agree-I think that in arrantive to make removals without cause, there may speak against him?

ging a law of this character we ought to cover were but nine removals made. I do not say Mr. SHERMAN. He would lose more the whole question, and we onght to provide that they were made without cause, but I mean votes by the exercise of a power of that kind, for a temporary suspension by ihe President. there were but nine removals made by the ten thousand times, than he would gain. I do We ought to provide for the filling up of those Executive. Mr. Adams succeeded General not believe that the power of appointment oflices, notice of vacancies in wäich will not Washington, and there were but ten removals would affect political opinion in this country reach us before the adjournment. Otherwise during his term of four years. Jefferson was one iota. That is my deliberate opinion as to much inconvenience may arise. A man may in the presidency for eight years, and he re the power of appointment.

die in Oregon, and we may have no notice of moved but forty-two men.

The whole eight Mr. TRUMBULL, The public service the vacancy before our adjournment. The years of the administration of Mr. Madison | miglit suffer.

President ought to have the power, in a case show but th:ee removals. Mr. Madison claimed Mr. SHERMAN. Yes; but it would not of that sort, to fill that vacancy before the the power to exist, I admit, as fully as the affect the mass of the people in the slightest next session; and even if we do not agree to Senator from Maryland; but how did Mr. degree.

give our advice and consent to the nomination, Madison exercise that power when he had the Mr. HENDERSON. Suppose it would not that man having discharged the duties of the control of it himself? In the whole eight years alter the opinions of a single individual ; I otlice ought to be paid. There are many inconof his administration he saw fit to make but submit to tie Senator from Ohio that where veniences that will arise under this provision. three removals. Mr. Monroe was in the Pres men by bending the supple hinges of the knee The Senator from Ohio bas pointed out some idency for eight years, and he made but nine that thrift may follow fawning, can get that of them. I can conceive of many, but if it is removals. Jobn Quincy Adams, during his thrift to follow, would not men of the very insisted upon, if we must have a vote, I would four years of administration, made but two worst character be apt to get into office? | rather adopt this provision and take those inremovals. Forty years of the Government li Then, I say, as was said by the Senator from Il conveniences than to adopt the inconvenience

to arise aster our adjournment, of the removal of the two Houses, the President had the con I looked for it in the Congressional Globe, but of erery man unless lie will become a fawner | stitutional function and right to decide whether have never seen it, and I wish to know if it is to the Administration, a supple tool of the they did or not, and if le close to recognize the fault of the reporters of the Globe that it Adininistration, and unless he will promise liis thein as the two Houses of Congress that con has not been printed, and if not, whose fault support to it. I say that is corrupting. stituted a regular, legal, and constitutional it is. if it is known in this country that no man, Congress. That is still my opinion.

Mr. DAVIS. It is my fault, but it will be when once in office, can be removed except by Mr. IIOWARD. Then the Congress depends || printed in due time. impeachment in this body, or by a vote of this on the will of the President.

Mr. ANTHONY. I think that the practice body, then there will be a sense of independ. Mr. DAVIS. I furthermore stated that it of making speeches and then suppressing them ence and sccurity that will enable each and was the province of the two Houses of Con in the Globe, thereby making those who reply every inan in this broad land to feel that he is

gress to judge exclusively each for itself as to to them appear very ridiculous, and their renot dependent on the one-man power. We the elections, qualifications, and returns of its marks very inconsequential, ought to be stopped shall have better officers in consequence of it. members ; that over those questions the Pres. in some way or other. I do not understand We shiuil have men who feel that they can dis ident had no jurisdiction or control ; but at what right the proprietors of the Congressional charge their duties free and independent of the the same time, if members contending for Globe, or the reporters of the Congressional power of the Executive to remove them with seats were to get together in such numbers as Globe, have to omit any speech that has been out consultation with any other branch of the to constitute a majority of the two Houses, made. I am told--perhaps I am mistakenGovernment.

the President had the right to recognize thein that speeches have been made here in previous Why, Mr. President, this power has become as the Congress. I say so still. That is my sessions which have never been printed and alarming in this country. It is high time that opinion, my belief.

never gone into the Globe at all. I do Senators should consider it. I do not allude Mr. HOVARD. Will the Senator from not know that there is any law or any rule to it simply because I differ with the President Kentucky allow me to ask him a question? against the practice, but I think there ought to now, for that difference has not carried me, I Mr. DAVIS. Certainly.

be one.

I think the reporters of the Congres; think, beyond prudence or discretion. I do Mr. HOWARD. In what part of the Con sional Globe are bound to print what is said differ with the President. I would that that stitution does he derive this power which he || here, and to print it within a reasonable time; difference did not exist. I have not carried claims for the President of deciding which is and I give notice that unless that is done, i that difference beyond this Senate Chamber. the true Congress and which the contrary? shall feel justified in opposing the appropriation I bare said nothing against his course of con Mr. DAVIS. I have just stated from whence for the payment of the Congressional Globe. duet, though I think much may be said a ainst I derive the power. I will read it. Here is They agree to publish those speeches; they do it. If this power is to be left in the hands, not the section:

not doit; and if it is their fault, then I think they only of the present Executive. but for all time

“He shall from time to timo give to Congress" ought not to be paid. If it is not their fault, to come, in the bands of other Executives,

Mr. HENDERSON. I was waiting on the

then I think the reporters ought to be protected when there are such a large number of offices to be filled, and such a large number of officers Senator from Kentucky to state his views in

in such a way as that they shall have no discre

tion in the matter. no:v holding positions under the Government, regard to this double Congress, and if he is

Of course, if a Senator and it is known that the Executive can control through with that I propose going on.

comes and desires to have his remarks supMr. HOWARD. If the Senator from Mis

pressed, it is hardly possible for the reporters them free of any let or hinderance on the part souri will allow me one moment, it is owing,

to retuse, but I think they shonld be protected of any other department of the Government, I say it confers upon him a power that is danperhaps, to my fault that the Senator from

from the exercise of any discretion in the

matter. gerous to the liberties of this country.

Kentucky is occupying his time at this moment.
I asked him for the warrant which he finds in

Mr. DOOLITTLE. I desire, as we have I do not apprehend that anything of the sort the Constitution for the President of the United

got entirely from the question at issue, to move would be undertaken, but I see that the newsSiates to recognize the right Congress and

an adjourment; and I make that motion. papers throughout this country now are advis

Mr. HOWARD. I hope not. ing the President of the United States to expel reject the wrong Congress. I was very anxious

Mr. DAVIS. Will the honorable Senator this body from their places, to act the Crom

to see the grant of power to the President of well and drive us out. the United Sta 'es to draw such a distinction.

permit me to say a word of explanation upon Mr. HOWARD. You mean the rebel news

Mr. HENDERSON. Certainly; I ask par

the suggestions of the Senator from Rhode don for interfering.

Mr. IIENDERSON. I took up a western

The PRESIDING OFFICER. It is moved in the chair.) Does the Senator yield further?

that the Senate do now adjourn; and that paper the other day-I will not name the paper

Mr. HENDERSON. Certainly.

motion is not debatable. -in which the advice was given boldly and

Mr. ANTHONY. freely to the President, and the people were Mr. DAVIS. I had lost sight of the Sena

I hope we shall not called upon to sustain the President, to march tor from Missouri in replying to the interroga


The PRESIDING OFFICER put the ques. into this body and drive us out.

tory of the Senator from Michigan. This was

It has been suggested in various other qnarters. I think the authority upon which I relied as to the

tion, and declared that the noes appeared to duties of the President:

have it. my friend from Kentucky (Dr. Davis] sug.

Mr. DOOLITTLE. I ask for a division. gested, even upon the floor of this body, that

“He shall, from time to time, give to Congress information of the state of the Union, and recom

Mr. DAVIS. I should like to say a single the President might control this Congress if meud to their consideration such measures as he shall word. be chose so to do; that he could recognize judge necessary and expedient."

The PRESIDING OFFICER. The Senate the southern Senators who are waiting for Now, before the President can recommend is dividing. admission, and call upon the minority of this to Congress such measures as he may judge Mr. ANTHONY. It is very unfair to body to join with them, and then send bis com necessary and expedient, it results as a matter adjourn when a Senator desires to make a munications to the new Senate.

of necessity that he must ascertain what body li personal explanation. Ir. DAVIS. If the honorable Senator will of men constitute the Congress. The case I Mr. JOHNSON. That is your opinion. permit me I will state what I did say, and put was this: suppose a portion of the pres Mr. ANTHONY. Yes, sir; that is my what I now believe. ent Senate were to get together, and they were

opinion. Mr. HENDERSON. Certainly.

to receive the Senators claiming to be elected The Senate refused to adjourn, there being, Mr. DAVIS. It is made the duty of the from the southern States, and they should on a division-ayes six, noes not counted. President by the Constitution to communi organize as a Senate, and the Republican mem Mr. DOOLITTLE. I beg to say to the Sencate to Congress and from time to time rec bers of the Senate should make a separate ator, from Kentucky that I did not desire to ommend for its consideration such measures organization, there would then be two organ show any discourtesy to him in making the as he shall deem proper. The position I as ized bodies of men, each claiming to be the motion to adjourn. suned was. that beforeihe President could exer Senate of the United States. I said the Pres. Mr. DAVIS. I am fully aware of that. cise that office he would have to ascertain what ident would have the constitutional power to Mr. DOOLITTLE. But we are entirely bodies of men constituted the Congress; that say which he would recognize as the Senate; away from the question, and it is now almost if there were four bodies of men-that was the and that was the whole of my proposition. I five o'clock. case which I put--two of them contending they admitted, however, at the same time, that the Mr. DAVIS. Mr. Presidentwere the Senate and the other two bodies con President would hare no power whatever in Mr. HOWARD. Perhaps the Senator from tending, they were the House of Representa deciding the question as to the elections, re Kentucky will yield to me tor lialf a minute. I'ves, the President must necessarily Jecide turns, or qualifications of any member of either Mr. DÁVIS. I want to make my personal which body constituted the House and which body; that those questions would have to be explanation in reply to the Senator froin Rhode body constituted the Senate; that it was a decided by each branch of Congress for itself Island, necessity, and that it was his plain, consti- || and not by a comunittee of fifteen.

Mr. HOWARD. What I wanted to do, if tutional prerogative and right to determinc, Mr. ANTHONY. I wish to ask my friend the Senator from Kentucky will permit me, is under such a state of things as that, which was from Kentucky a question, if he will allow me to send to the Chairthe truc Senateand which was the true House. to do so.

The PRESIDING OFFICER. Does the I furthermore stated that if the southern men Mr. DAVIS. Certainly.

Senator from Kentucky yield the floor? bers were to get together with a number of Mr. ANTHONY. I listened, as we all did, Mr. DAVIS. I do not. the other members of the tivo Houses, and with a good deal of atteution and surprise to The PRESIDING OFFICER. The Senathey in the aggregate constituted a majority 1l the speech which he is now explaining, and tor from Kentucky is entitled to the floor.

Mr. HOWARD. I only wish to send to the HOUSE OF REPRESENTATIVES.

RAILROAD IN IOWA. Chair a portion of the speech of the Senator

Monday, April 30, 1866. •

Mr. HUBBARD, of Iowa, introduced a bill from Kentucky as reported by the official reporter in order that the Senator may know

The House met at twelve o'clock m. Prayer

to amend an act entitled "An act for a grant of exactly what he did say on that occasion. by the Chaplain, Rev. C. B. Boynton.

lands to the State of Iowa, in alternate sections, Mr. CONNESS. I hope that will be read. The Journal of Saturday was read and

to aid in the construction of a railroad in said approved. Mr. DAVIS. I was about to say a word in

State," approved May 12, 1864; which was relation to the practice of publishing speeches

The SPEAKER stated as the first business | read a first and second time, and referred to some time after they are delivered. I under in order the calling of the States and Territo

the Committee on Public Lands. stand that the whole Appendix of the Globe ries for bills and joint resolutions on leave, to be

REV. F. A. CONWELL. is made up of speeches that are published some

referred to the appropriate committees and not Mr. WINDOM introduced a bill for the relief considerable time, more or less, after the time

to be brought back on a motion to reconsider, ll of Rev. F. A. Conwell, of Minnesota ; which of their delivery. I have met with speeches commencing with the State of Maine.

was read a first and second time, and referred that were published weeks and months after


to the Committee of Claims. the day of their delivery, in the Appendix to

Mr. RICE, of Maine, introduced a bill grant SIOUX RESERVATION, MINNESOTA. the Globe. It was only in conformity to that practice that I was acting. The report of my

ing further time and facilities for the conver Mr. WONDOM also introduced a joint reso

sion of State banks into national banks; which speech was sent to me and I answered in reply

lution for the relief of certain settlers on the was read a first and second time, and referred that at my leisure I would revise it and would to the Committee on Ban and Curren

Sioux reservation, in the State of Minnesota; have it published in the Appendix to the Globe.

which was read a first and second time, and That is all I have to say in relation to the prac SKAMANIA COUNTY, WASHINGTON TERRITORY. referred to the Committee on Indian Affairs. tice of other members of the Senate and in Mr. RICE, of Maine, also introduced a bill

SAMUEL DONNICA. relation to what I did as to that particular to disapprove of the act of the Legislative

Mr. HENDERSON introduced a bill for the speech.

Assembly of the Territory of Washington, entiMr. ANTHONY. There have been some tled "An act in relation to Skamania county,”

relief of Samuel Donnica; which was read a

first and seeond time, and referred to the Comspeeches—I do not mean to say speeches of approved January 14, 1865; which was read a

mittee on Invalid Pensions. ihe Senator from Kentucky—but there have || first and second time, and referred to the Combeen speeches delivered here that have never mittee on Territories.

KANSAS AND NEOSHO VALLEY RAILROAD. been printed in the Globe at all; that have


Mr. CLARKE, of Kansas, introduced a bill been suppressed entirely. That is a practice to which I wish to call the attention of the Mr. DAWES introduced a bill for the relief | granting lands to the State of Kansas to aid in

the construction of the Kansas and Neosho Senate. of the heirs of Horace I. Hodges; which was

Valley railroad and its extension to the Red Mr. HOWARD. I now send to the Clerk read a first and second time, and referred to the

river; which was read a first and second time, to be read a portion of the speech made by Committee of Claims.

referred to the Committee on Public Lands, the honorable Senator from Kentucky on the


and ordered to be printed. occasion to which he has referred. I wish Mr. COFFROTH introduced a bill granting

INTERNAL REVENUE. that it may go into the report of our proceedings. a pension to William Jones; which was read a

Mr. ANCONA introduced a bill to amend first and second time, and referred to the ComThe PRESIDING OFFICER. It will be

an act entitled “An act to provide internal mittee on Invalid Pensions. read if there be no objection.

revenue to support the Government, to pay Mr. DOOLITTLE. Now that we have got

RAILROAD CONNECTIONS WITH WASHINGTON. interest on the public debt, and for other purthrough with the personal explanation, I renew Mr. GARFIELD introduced a bill to pro

poses,”' approved June 30, 1864, and the act the motion to adjourn.

mote the construction of a line of railroads || amendatory thereof, approved March 3, 1865; Several Senators. Oh, no; let us have between the city of Washington and the North

which was read a first and second time, and rethat read. west for national purposes; which was read a

ferred to the Committee of Ways and Means. Mr. DOOLITTLE. Very well; but I give first and second time, referred to the select RAILROAD FROM PITTSBURG TO CLEVELAND. notice that I shall renew the motion after the committee on a military and postal railroad paper has been read. from Washington to New York, and ordered

Mr. GARFIELD introduced a bill to proThe PRESIDING OFFICER. The report to be printed.

mote the construction of a line of railroad will be read, if there be no objection. The

from Pittsburg, Pennsylvania, to Cleveland,

BRIDGE ACROSS THE CUYAHOGA. Chair hears no objection.

Ohio ; which was read a first and second time, The Secretary read as follows:

Mr. SPALDING introduced a joint resolu. referred to the select committee on a military

tion for the construction of a railroad bridge and postal railroad, and ordered to be printed. “Here, sir, is a provision in the Constitution which requires the President to communicate to the two across the Cuyahoga river over and upon the

Houses of Congress information as to the state of the Government piers at Cleveland, Ohio; which
Union, and to recommend to them such measures as was read a first and second time, and referred

The SPEAKER. The next business in order he shall deem proper and expedient. What does this require him to do? He has to ascertain who to the Committee on Commerce.

is the call of States and Territories for resolu

tions, and under this call the first question is compose the two Houses of Congress. It is his right,

WILLIAM WATKINS. it is his constitutional function to ascertain who con

upon a resolution of the gentleman from Institute the two Houses of Congress. The members Mr. GRIDER introduced a bill for the ben diana, (Mr. Julian.]. On last Monday mornof the Senate who are in favor of the admission of the southern Senators could get into a conclave with

efit of William Watkins; which was read a first || ing the House refused to second the demand those southern Senators any day, and they would and second time, and referred to the Commit for the previous question, and debate arising, constitute a majority of the Senate. The President tee on Revolutionary Claims.

the resolution went over until to-day. The of the United States has the constitutional option, it

resolution is now debatable under the rules. is his function, it is his power, it is his right, and I

JOHN MUNN. would advise him to exercise it at any day, to ascer

The resolution was read, as follows: tain, where there are different bodies, membe.s of

Mr. NEWELL introduced a bill for the rethe Senate contending, which is the true Senate. If

Resolved, As the deliberate judgment of this House, lief of John Munn; which was read a first and the southern members and those who are for admit

that the speedy trial of Jefferson Davis, either by & ting them to their seats, constitute a majority of the

second time, and referred to the Committee civil or military tribunal, for the crime of treason or whole Senate, the President has a right-and by the of Claims.

the other crimes of which he stands charged, and his Eternal he ought to exercise that right-forthwith,

prompt execution, if found guilty, are imperatively WAGON ROAD IN MONTANA.

demanded by the people of the United States in order to-morrow, or any day, to recognize the Opposition here and the southern members of the Senate as a Mr. SMITH introduced a bill to aid in the

that treason may be adequately branded by the nation, majority of the whole body."

traitors made infamous, and the repetition of their construction of a wagon road in the Territory | crimes, as far as possible, be prevented. Mr. DAVIS. That is my principle still. I of Montana; which was read a first and sec

Mr. WILSON, of Iowa. I hope that the maintain that that is the true principle of the ond time, and referred to the Committee on Constitution.

gentleman from Indiana will consent to have Territories.

this resolution referred to the Committee on Mr. HOWARD. The honorable Senator

TENNESSEE. from Kentucky says that that is his principle

the Judiciary, as the committee now have this still. I confess I regret very much to hear him

Mr. KUYKENDALL introduced a joint subject under consideration. make such an announcement.

Nr. JULIAN. I desire an opportunity to resolution declaring the constitutional relaI pronounce tions of the State of Tennessee restored to

discuss briefly the question presented by the that principle to be revolutionary, unconstitu- || practical relations with the United States ;

resolution. I will agree to make the motion tional, and treasonable. I now move that we

which was read a first and second time, and for reference at the conclusion of my remarks. adjourn. Mr. DAVIS. I wholly dissent from the posireferred to the Committee on the Judiciary.

Mr. WILSON, of Iowa. Very well; I yield

to the gentleman for that purpose. tion of the honorable Senator. It is neither


Mr. JULIAN. Mr. Speaker, in demanding revolutionary, nor unconstitutional, nor trea Mr. BEAMAN introduced a bill for the re

the punishment of the chief rebel conspirators, sonable.

lief of the legal representatives of Major John I beg not to be misunderstood. I do not ask The PRESIDING OFFICER. It is moved A. Whitall, late paymaster in the United that the Senate do now adjourn.

for vengeance. I feel sure there is no man in States Army, on account of loss of stolen the country, however intense his loyalty, who The motion was agreed to; and the Senate vouchers; which was read a first and second would inflict the slightest unnecessary suffer. adjourned.

time, and referred to the Committee of Claims. Il ing, or any form of cruelty, upon even the most

« PreviousContinue »