Page images
PDF
EPUB

con

REPORTS OF COMMITTEES.

Mr. FESSENDEN. Let us get through with Mr. Murdoch on Thursday evening next, for cient wood land; and they cannot get the wood this matter.

the purpose of giving a reading for the benefit land unless they purchase the title to the land The PRESIDENT pro tempore. The ques. of the National Home for the Orphans of Sol itself. They ask Congress to enable them, in tion is on the motion of the Senator from Mary diers and Sailors.

advance of the surveys there, to purchase this land to refer the letter read by him to the Com The PRESIDENT pro tempore. If the morn land at the Government prices, excluding them mittee on Military Affairs.

ing business is disposed of, the motion of the from all right to any minerals except iron and Mr. JOHNSON. I withdraw it.

Senator from Ohio [Mr. WADE] takes prece coal, or for using the grant for any other purMr. LANE, of Indiana. I move to amend dence, in the opinion of the Chair.

pose except what is necessary to enable them that motion,

Mr. WADE. Then I insist on my motion to go on with this enterprise. The PRESIDENT pro tempore. The motion to take up Senate bill No. 203 for considera I believe every one admits that it will be is withdrawn. tion.

highly beneficial to the people of that TerriORDER OF BUSINESS.

The motion was agreed to; and the Senate, tory and facilitate its settlement and the deMr. WADE. I now move to postpone all

as in Committee of the Whole, resumed the yelopment of its mineral interests should this

consideration of the bill (S. No. 203) to enable prior orders and take up Senate bill No. 203.

be done. Of that I have no doubt, and it Mr. FESSENDEN. "That is not morning

the New York and Montana Iron Mining and scems to me nobody can have any doubt. business.

Manufacturing Company to purchase a certain Whether this will be profitable to those who The PRESIDENT protempore. The Chair

amount of the public lands not now in market. invest in it is a thing which they must answer has not yet called through the business of the

The bill was reported to the Senate as for themselves, but the object is certainly laudmorning hour, but if the Senator from Ohio

amended, and the amendments were able. This bill does nothing more than antici

curred in. The bill was ordered to be presses his motion the Chair will put it.

pate, perhaps, by two or three years, the surMr. WADE. If there is any more morning

engrossed for a third reading, and was read veys of the land in that Territory. It is so business I waive my motion for the present; if the third time.

remote that it has not been surveyed, though there is not I insist upon it.

Mr. GRIMES. I do not rise to discuss the mining interests have sprung up which have The PRESIDENT pro tempore. Reports

merits of this bill, or to express an opinion as carried a number of inhabitants there who from committees are now in order.

to whether it is wise or unwise for the Senate would not have got there, probably, in a cen. to pass it, but merely to place myself upon the tary had it not been for the mines discovered

record as being utterly opposed to the recog there. It is necessary, therefore, that these Mr. WILLIAMS, from the Committee on nition of any such principle as is embraced in interests should be developed in advance, and Claims, to whom was referred the petition of the bill. Senators who have read the bill have every one who has turned his attention to the George P. Remsberg, praying for an appropri. discovered that it completely overturns the subject, so far as I have seen, believes that ation to provide for the support and education whole land system of the United States. It this bill will be beneficial, and I think nearly of his son, Charles Remsberg, who lost an arm proposes that a corporation created under the every one is in favor of it. The bill is guarded on the 13th of April, 1865, by a volley fired by general laws of the State of New York, where at every point. This company can acquire the provost guard in a public street of the citį a corporation can be created by'any three, five, nothing but the title to this land, and they are to of Frederick, Maryland, submitted an adverse ten, or any other number of persons, for any pay for it the same price, probably, that would report thereon; which was ordered to be purpose they please, may go into the Territory || be paid for it at some future period when it printed.

of Montana and there select twenty sections of shall be surveyed and when anybody can go Mr. VAN WINKLE, from the Committee land, make the surveys themselves, without on and get it at the same price this company on Post Offices and Post Roads, to whom was any regard to whether they conform to the now offer. That is all there is about it. I referred the petition of John Gordon, praying meridian lines or the base lines or the town hope the bill will pass. for additional compensation for services as ship lines of the United States surveys, and l'he bill was passed. messenger in the Post Office Department, sub shall have a preemption right for two years, at

PROTECTION OF UNITED STATES OFFICERS. mitted a report accompanied by a bill (S. No. the end of which time they shall be permitted 294) for the relief of John Gordon. The bill to

pay
the Government price for the land. I

Mr. CLARK, from the committee of conwas read and passed to a second reading, and find that there is no provision in the bill, so

ference on the disagreeing votes of the two the report was ordered to be printed. far as I can see, that will prevent the timber

Houses on the amendments of the Senate to Mr. FESSENDEN, from the Committee on on the land from being utterly destroyed and

the bill (H. R. No. 238) to amend an act Finance, to whom was referred a bill (H. R. used up for the purposes of the furnaces which entitled An act relating to habeas corpus No. 255) making appropriations for the con it is proposed to establish there. I do not and regulating judicial proceedings in certain struction, preservation, and repairs of certain recognize the propriety of allowing a little cor cases, approved March 3, 1863, submitted fortifications and other works of defense for poration in an outside State to go into any of

the following report: the year ending June 30, 1867, reported it the new States or into any of the Territories

The committee of conference on the disagreeing

votes of the two Houses of Congress on the amendwith an amendment. and occupy land in the way in which this bill

ments ofthe Senate to the bill (H.R. No.238) to amend He also, from the same committee, to whom proposes.

an act entitled "An act relating to habeas corpus and was referred a bill (H. R. No. 511) imposing I have only said this in order that I may not

regulating judicial proceedings in certain cases,

approved March 3, 1863, having met, after full and a duty on live animals, reported it without preclude myself in the future from occupying free conferenco have agreed to recommend, and do amendment.

the position which I now do. I have no dis recommend, to their respective Houses as follows: Mr. STEWART, from the Committee on position to call for the yeas and nays, because

That the House of Representatives concur in the

first, second, third, fourth, fifth, and seventh amend. Public Lands, to whom was referred a bill (S. I suppose the bill will pass anyhow.

ments of the Senate. No. 99) granting lands to the State of Oregon Mr. WADE. I do not wish to take

пр

the That the House of Representatives concur in the to aid in the construction of a military road time of the Senate now, for I believe the objects

sixth amendment of the Senate, with an amendment,

as follows: strike out all after the word "act" in the from Albany, Oregon, to the eastern boundary || and purposes of the bill are fully understood

fourth line of said amendment. of said State, reported it without amendment. by the Senate. It is thought, I believe, by

DANIEL CLARK, Mr. RAMSEY, from the Committee on every one who has examined the subject, that

LYMAN TRUMBULL,

Managers on the part of the Senate. Post Offices and Post Roads, to whom was nothing would so much tend to develop the

BURTON C. COOK, referred a bill (S. No. 263) to authorize the mining and other interests in the Territory of

SAMUEL MCKEE, Winona and St. Peter's Railroad Company to Montana, and to facilitate the construction of

Managers on the part of the House, construct a bridge aeross the Mississippi river the Pacific railroad in that direction, as by The report was concurred in. and to establish a post route, reported it with some method of this kind to have furnaces

MESSAGE FROM THE HOUSE. an amendment.

erected there, so that iron may be manufac-
BILLS INTRODUCED.
tured from the ores lying in that country, in-

A message from the House of RepresentaMr. WILLEY asked, and by unanimous constead of being transported over the continent

tives, by Mr. McPherson, its Clerk, announced at a most ruinous expense. sent obtained, leave to introduce a bill (S. No.

A company was

that the House of Representatives had passed formed of men, I believe as good as can be

the following bills, in which it requested the 295) repealing the thirty-fourth section of the found in New York and Michigan and other

concurrence of the Senate : declaration of rights of the State of Maryland, so far as the same has been recognized or adopted places, who thought they might make it a prof

A bill (H. R. No. 481) to amend an act in the District of Columbia; which was read

itable business for themselves, provided they entitled "An act to encourage immigration," twice by its title, and referred to the Commit

could have the privilege of purchasing enough approved July 4, 1864, and an act entitled "An timber land to carry on their furnaces when

act to regulate the carriage of passengers in tee on the District of Columbia. Mr. MORRILL asked, and by unanimous

they get there. As I stated the other day, and steamships and other vessels,'' approved March consent obtained, leave to introduce a bill (S.

I would not repeat it now but for the fact that || 3, 1855, and for other purposes; No. 296) to incorporate the American Marine some Senators are present who were not here

A bill (H. R. No. 492) making appropriaInsurance Company of Washington, District of

then, this enterprise could not be entered upon tions for the repair, preservation, and complewith any hope of success if, while this company

tion of certain public works heretofore com. Columbia; which was read twice by its title, and referred to the Committee on the District

were laying out the large capital which it will || menced under the authority of law, and for of Columbia. take to begin this business, some $ 150,000 or

other purposes; and $200,000 at least, individuals could go on and A bill (H. R. No. 545) making appropriaNEW YORK AND MONTANA IRON COMPANY. take possession of all the wood land about them. tions for the uses of the Bureau of Refugees,

Mr. WILSON. I now ask for the consider. The company then would be at the mercy of Freedmen, and Abandoned Lands, for the fiscal ation of the resolution that I introduced some men who had not laid out a dollar for this pur- 1 year commencing January 1, 1866. days ago, granting the use of the Chamber to Il pose. They desire, therefore, to acquire suffi The message further announced that the

USE OF THE IIALL.

House of Representatives had passed, without Senator from Massachusetts who leads in in regard to this question. If it is the pleasure amendment, the following joint resolutions: these, matters will porr in upon us here, as the of the Senate to grant the use of the Chamber

A joint resolution (S. R. No. 34) expressive representative of the lecturers of both sexes in for this purpose, I of course have little to say of the gratitude of the nation to the officers, the country, requests for the use of the Cham on the subject. I withdraw the amendment. soldiers, and seamen of the United States; and || ber.

The PRESIDENT pro tempore. The amendA joint resolution (S. R. No. 75) making Mr. SHERMAN. I know Mr. Murdoch, and ment is withdrawn, and the question is on the appropriations for the expenses of collecting || I know that he deserves this compliment on the adoption of the resolution. the revenue from customs.

part of the Senate; still I would not grant it to Mr. ANTHONY. I should like to have the The message also announced that the House

him if it was a mere personal favor; but the resolution eo amended as to apply only to the of Representatives had concurred in the amend cause for which he will read on Thursday next galleries, and not have the floor open. ment of the Senate to the bill (H. R. No. 197) is one that appeals to us so keenly and so Mr. WILSON. I hope that amendment will to provide for the better organization of the warmly that I cannot refuse the request. The not be made. pay department of the Navy.

ladies of this city, and, indeed, many ladies Mr. ANTHONY. I will not move the amend

throughout the country, are very much inter ment if the Senator who has charge of the resoMr. WILSON. I now ask that the resolu

ested in establishing an orphans' asylum for lution does not assent to it.

the children of soldiers and sailors who have The PRESIDENT pro tempore. Does the tion be taken up allowing the use of the Hall to Mr. Murdoch. been killed in the service. They are now mak Senator withdraw the motion to amend the

resolution ? The motion was agreed to; and the Senate

ing great efforts in that direction. They are proceeded to consider the following resolution,

holding their fairs. They are giving public Mr. ANTHONY. Yes, sir; as the Senator submitted by Mr. Wilsox on the 27th of April: || yielded them from six hundred to a thousand

. I attended one the other night that from Massachusetts does not like it.

The resolution was adopted-ayes twenty, Resolved, That the use of the Senate Chamber be granted to James E. Murdoch, Esq., on Thursday dollars, and the performers were all ladies and

noes not counted. evening. May 3, for the purpose of giving a reading gentlemen of the city who gave their services Mr. WADE. I now move to take up the for the benefit of the fair to be held in this city for gratuitously, and the hall was given gratui- resolution granting the use of this Hali to Mrs. the National Home for the Orphans of Soldiers and Sailors.

tously. It seems to me, the Senate of the Uni- | Walling for the purpose of a lecture. The Mr. RIDDLE. When this resolution was

ted States cannot deny this small privilege when resolution was passed some time since, but was offered by the Senator from Massachusetts last

the object is to educate the orphan children of | subsequently reconsidered, and is now on the week I objected to its reception. The reasons

the soldiers and sailors who gave their lives in table, I believe. which induced me to object then actuate me

our service. It is the cheapest mode in which The PRESIDENT pro tempore. The resonow in opposing its adoption. I adınit the

we can aid these beneficiaries, and I am per lution has passed from the desk. It will be talent and the ability of this great dramatist,

fectly willing to grant the use of this Chamber returned in a few moments. but I am unwilling, by my vote at least, that

for any such purpose.

If it was to inure to the Mr. WADE. I suppose it will come in presthis Hall, dedicated to legislation, shall be

benefit of Mr. Murdoch, I would not do it; but l ently. We all know what the resolution is. converted into a theater. There are plenty of

I know his generosity, and I know the feeling It is to grant this Hall to this lady to deliver halls in the city of Washington, and if this

that has actuated him during the whole war. a lecture pertaining to national affairs. It was gentleman will get a hall for rent I pledge my.

He gave assistance to the soldiers and sailors. offered here some time ago and was discussed self to take several tickets and to donate that

He went into the camp. He read for them at some length. She wishes to have the use money for the purpose which he is so anxious | and cheered them. Indeed, he devoted four of the Hall on Monday evening, the 7th instant, to assist, but never with my consent shall this

years of active life almost to their service, and and I will state now, while the Clerks are hunts Hall be converted into a theater or for any such

gave a son to the cause of the country.' Noing for the resolution, that I shall move to purpose. You employ messengers and door one could appeal to us more strongly than he; amend it in that particular, changing the time. keepers here, and you pay them a limited

but I would not grant the use of this Chamber The day fixed in the resolution originally I besalary, and yet A, B, C, and D may come in

even to him if it were to inure to his benefit. lieve has passed. I had nothing to do with the here and get the privilege of the Hall, and you

But in consideration of the cause for which he introduction of the resolution, but since it has kecp these messengers and doorkeepers here

is to give this reading, I certainly am willing been introduced I have seen the recommenda

to devote the Hall for such a purpose at any until midnight; you abuse your furniture; you

tions of this lady, and they are from such re. wear out your carpets; and all this for nothing.

time. I do not think the damage will be very || spectable sources that I have no doubt of her

material if the Hall is taken care of. Let Mr. Murdoch go elsewhere. I hope the

character and no doubt that it is good and comSenate will not pass the resolution of the Sen

Mr. POMEROY. I do not think we should mendable. I understand that she leciured beator from Massachusetts, and will not grant

put up the bars so that we shall not be able to fore the Legislature of Ohio, in the Hallof Repthe use of this Hall to James E. Murdoch or even if we do not let Nr. Murdoch havet. 41 | the members and the people who were present. I

of anybody else.

Áfr. WILSON. I will simply say that during I think the Senate can consider each case when am informed that the papers spoke very highly the war Mr. Murdoch devoted most of his time it is presented; and if they choose to grant of her lecture. I know nothing about it in any to the cause of the country and of the soldiers,

the Hall for a particular purpose, I think we other way. I move to take up the resolution and gave one of his own sons, who fell in the

had hetter allow thein to do it. I do not be because it has been pending fora good while, and Twice during the war he gave readings

lieve in passing an amendment to this resolu it appears to me that, under the circumstances, in this Hall; and I remember that on both

tion by which we shall deprive ourselves of the we ought to grant this request, even if we grant occasions Président Lincoln was present, and power of granting the use of the Hall to any. no other, It seems to me we shall not be deal. also Mr. Chase, and many of the most eminent

body we choose. I take it, the Senate willing entirely right with this question unless we men of the country. The Chamber was crowded always have the good sense and judgment to

We all understand the circumstances by most excellent people; perfect order was

be discreet in the matter, and will grant the under which that resolution was reconsidered. preserved; no harm came of it, and I appre

use of the Hall to such persons as they may Mr. SHERMAN. I will ask my colleague hend no harm will come of it now. choose.

if the proceeds, or the money charged at the contribution to the cause of an asylum for the

Mr. HOWE. I shall be very sorry if the door, is to go to the benefit of this lady. orphan children of soldiers and sailors who

Senate shall adopt this amendment; I shall be Mr. WADE. I do not kuow that she charges fell in the war. I hope we shall grant this

very sorry if the Senate shall decline to adopt anything. I have no knowledge on that point. privilege. If hereafter it is the intention or

the resolution offered by the Senator from Mas I do not know but that it is a gratuitous lecture. the purpose of the Senate to exclude all

sachusetts; and upon precisely the grounds Mr. WILLIAMS. It is a free lecture. exhibitions of this kind, or of any other, from suggested by the Senator from Ohio. °I have Mr. WADE. Her lectures are said to be the Hall, let us settle the point, but I hope we

no idea that this Senate Chamber ought to very interesting, and she is said to be very shall not begin on this occasion.

take the place of a concert hallor an assembly. able. I am told that it is a gratuitous lecture. Mr. CONNESS. I hope we will settle it now.

room; but, on the contrary, I have no idea I hope that the use of the Hall will be granted Mr. RIDDLE. I wish to ask the Senator

that this or any other place is so sacred as that under the circumstances; and then if it should from Massachusetts whether the House of you cannot allow, properly, the cause of hu please the Senate to pass a resolution that the Representatives have not passed a rule pro

manity to be served in it. When you find any Hall shall never be used for this purpose again, hibiting the use of their Hall to any person

such erection in the United States, whether it I have no objection. I think, under the cir. except for legislative purposes.

be the Senate Chamber or a synagogue, I am cumstances in which this resolution has placed Mr. WILSON. I understand they have

for taking it down. Mr. Murdoch proposes to this lady, that in justice to ourselves and to done so at this session.

read somewhere one evening in the cause of her, we ought to give her the use of the Hall. Mr. CONNESS. I move to amend the res

humanity. The Senate Chamber of the Uni. The Hall has been used before. It was said olution by striking out all after the word

ted States should be the first, if it is the most in the debate on a previous day, that this Hall “ resolved," and inserting the following:

convenient hall, whose doors should be opened || had never been used for a purpose of this sort That the Senate will not grant the use of the Senate to such a call.

before ; but that is not so. I am told that Chamber for lectures or readings or other such pur Mr. CONNESS. It appears to be evident, Miss Grace Greenwood-I believe that is not

at least to my mind, that the bars must not be her proper name, which I have forgotten· I am willing to contribute to the extent of erected, and that humanity has many advocates has lectured here in this Hall. I do not remy means for the purpose, but it is clear to my here. I am very glad that that is the case. I member it, but I have no doubt it is so. I mind that this Chamber should not be granted propose to be humane, as I believe it a duty | hope we shall grant the privilege under the for this purpose, and that until a rule on the to be, in another way. But my purpose was

circumstances. subject shall be adopted the warm-hearted li inerely to develop the judgment of the Senate Vr. SHERMAN. As there is no hurry

war.

do so.

It is

poses.

about that matter, I hope the consideration of extending the time for the completion of the time that I was interrupted by the remarks the Post Office appropriation bill may be re succeeding sections upon that road about one interjected by the Senator from Kentucky, sumed, as it is the special order. My colleague | year forward, so as to make the time for the [Mr. Davis,] I had about closed the examican call up this resolution at any time. completion of the different sections correspond nation of the question in a political point of

Mr. WADE. I will move that Mrs. Walling | exactly with that fixed for the Omaha branch view; that is, I had examined the opinions of be granted the use of this Hall to deliver her road. I beg to send to the Chair to be read a our distinguished .nen of various political parlecture on Monday evening next, the 7th in brief statement furnished to me by the pres ties since the organization of the Government stant.

ident of the company, which will give to the down to the present time. I was just about to The PRESIDENT pro tempore. The Chair Senate all the information which I think will enter upon an examination of the question in will state that the resolution has passed from be necessary.

a legal point of view, in order to show that the the desk. The impression of the Chair is that Mr. SHERMAN. I doubt whether it is courts of the country have sustained the posia motion to reconsider was entered and passed worth while to read that communication. tion which I took yesterday. I do not desire upon by the Senate and the resolution re Mr. HOWARD. Very well.

to take up much time of the Senate, and there: jected. If that is so, no proceeding under that Mr. POMEROY. There is no objection to fore shall hurry on with what little I have to resolution would be in order. the resolution at all.

say on the subject. I think that the view I Mr. WADE. It was not rejected.

The joint resolution was reported to the take, and which I desire to see enforced after Mr. DOOLITTLE. It was reconsidered. Senate without amendment, ordered to be | this long period of time

Mr. WADE. We reconsidered it, and left || engrossed for a third reading, read the third The PRESIDING OFFICER. There is too it there. I will consider this as a motion de l time, and passed.

much noise in the Senate. Senators will renovo then, but I wish it to be understood that

HOUSE BILLS REFERRED.

sume their seats. the resolution was not rejected.

Mr. HENDERSON. I cannot talk when The PRESIDENT pro tempore. The Chair

The following bills from the House of Rep. || there is so much confusion. will entertain it as a new motion. It is moved resentatives were severally read twice by their

The PRESIDING OFFICER. Order must that the use of the Hall be granted to Mrs. titles, and referred as indicated below:

be preserved. The Senator from Missouri will Walling for the purpose of a lecture on Mon A bill (H. R. No. 481) to amend an act en

proceed. day evening next. titled "An act to encourage immigration,'

Mr. HENDERSON. It is very difficult to Mr. LANE, of Indiana. That assumes the approved July 4, 1864, and an act entitled "Ản form of a new resolution, and I object to its act to regulate the carriage of passengers in proceed when I cannot hear myself. I do not consideration to-day. steamships and other vessels," approved March

propose to occupy much of the time of the Sen

ate, but this is an important question. I am The PRESIDENT pro tempore. Objection || 3, 1855, and for other purposes—to the Com

perfectly aware that it is a proposition to change being made, it lies over under the rule.

mittee on Commerce.
A bill (H. R. No. 492) making appropria-

the entire policy of the Government on this subPACIFIC RAILROAD-EASTERN DIVISION. tions for the repair, preservati and comple: cally have already expressed an opinion against

ject, and some Senators who act with me politiMr. SHERMAN. I now move to take up

tion of certain public works heretofore comthe Post Office appropriation bill. menced under the authority of law, and for

the proposed amendment, doubting whether we

have the constitutional power to adopt it. I am The PRESIDENT pro tempore. That bill other purposes—to the Committee on Com

aware that the power claimed by the Executive is the special order, and was only laid aside

merce. by common consent.

A bill (H. R. No. 545) making appropria

to remove all officers in this Government has Mr. HOWARD. I suggest to the Senator tions for the uses of the Bureau of Refugees,

been exercised from the origin of the Governfrom Ohio that there is a joint resolution reFreedmen, and Abandoned Lands for the fiscal

ment down to the present time. It is true, howported by the Pacific Railroad Committee that year commencing January 1, 1866–to the Com

ever, that during the first forty years of the ought to be taken up at a very early period and mittee on Finance.

Government, as I showed yesterday, but few

removals were made; and indeed, looking back passed.

POST OFFICE APPROPRIATION BILL, to that period, I find, as I shall attempt to show Mr. CONNESS. It will not excite any discussion.

The PRESIDENT pro tempore. The special in a moment, that Mr. Madison, although he Mr. SHERMAN. If it will not excite disorder of the day, being the bill (H. R. No.

is the authority for this long-continued abuse,

as I consider it, of the power of removal, decussion—and I do not believe it will, as I l 280

) making appropriations for

the service of the Post Office Department during the fiscal

clared at the time of the discussion to which I know something about it,I have no objection to that resolution being taken up.

year ending June 30, 1867, and for other pur referred yesterday that if the President underMr. HOWARD. Then I move to take up

poses, is pow before the Senate, the pending | took to make removals without cause the exerSenate joint resolution No. 80.

question being on the following amendment cise of that power on his part would be a just The PRESIDENT pro tempore. The special | TRUMBULL:] offered by the Senator from Illinois, [Mr. cause for impeachment, going to show most

clearly that Mr. Madison never contemplated order can be laid aside by common consent

SEC. --. And be it further enacted, That no person

at the time the abuse of the position which he informally. No objection being made, it is laid

exercising or performing, or undertaking to exercise in the first debate on this subject took. aside temporarily by common consent, and the or perform, the duties of any office which by law is

Before I proceed to examine the question question is on the motion of the Senator from required to be filled by the advice and consent of the Michigan. Senate, shall, before confirmation by the Senate,

iegally—and I shall occupy but a short time in receive any salary or compensation for his services, that examination-I propose to show the inThe motion was agreed to; and the joint unless such person be commissioned by the President ducements held out to the American people for resolution (S. R. No. 80) extending the time to fill up, a vacancy which has happened by death, resignation, or expiration of term, during the recess

the adoption of the Constitution. It is a notofor the completion of the Union Pacific railof the Senate and since its last adjournment.

rious fact that after the Constitution had been way, eastern division, was read the second time, and considered as in Committee of the Whole.

Mr. TRUMBULL. Before proceeding with adopted by the Convention and placed before

the people of the States an objection was urged It

proposes to extend the time for the comple- || that, I desire to change the amendment which I tion of the first one hundred miles of railroad

have offered, slightly. I withdraw that amend on the part of many of the people against and telegraph line by the Leavenworth, Pawment and offer the one which I send to the adopting it on account of the vast power of the

Executive. That objection was answered in nee, and Western Railroad Company, (since Chair as a substitute. It is the same with the

No. 77 of the Federalist. . These papers were called the Union Pacific Railway Company, cxception of an addition at the close of it. eastern division,) mentioned in the tenth sec

The PRESIDING OFFICER,(Mr. POMEROY

written and spread before the people for the tion of the charter of the Union Pacific Railroad

in the chair.) The Senator from Illinois pro purpose of inducing them to adopt the ConstiCompany, of July 1, 1862, and in the fifth secposes as a substitute for his amendment

tution of the United States. In the seventytion of the amendment thereof, of July 2, 1864,

Mr. TRUMBULL. The amendment being | seventh number, written by Mr. Hamilton, it until the 27th of June, 1866; and the time for under my control, I suppose I can withdraw it

is said: and offer this.

The consent of that body [the Senato) would completing each succeeding section of one hundred miles is to be reckoned from the 27th

The PRESIDING OFFICER. The Sena

be necessary to displace as well as to appoint. A

change of the Chief Magistrate, therefore, could not of June, 1866. tor can modify his amendment. The amend

occasion so violent or so general a revolution in the Mr. HOWARD. I will state, very briefly, ment as now modified will be read.

officers of the Government as might be expected if that this measure is introduced on the recom

The Secretary read it, as follows:

he were the solc disposer of offices. Where a man in

any station had given satisfactory evidence of his mendation of the President of the United

And be it further enacted, That no person exercis fitness for it a new President would be restrained

ing or performing, or undertaking to exerciso or per from attempting a change in favor of a person moro States, founded upon a communication made

form, the duties of any office which by law is required agrecable to him by the apprehension that a disto him by the Secretary of the Interior, in which to be filled by the advice and consent of the Senate, countenance of the Senate might frustrate the atit appears that the company in question have

shall, before confirmation by the Senate, receive any tempt and bring some degree of discredit upon him

salary or compensation for bis services, unless such self. Those who can best estimate the value of a acted in good faith and have proceeded to com; person be commissioned by the President to fill up a steady administration will be most disposed to prize plete nearly one hundred miles of the road vacancy which has happened during the recess of a provision which connects the official existence of

the Senate and since its last adjournment, by death, already, but they will not be able probably to

public men with the approbation or disapprobation resignation, expiration of term, or removal for acts of that body which, from the greater permanency of finish it entirely according to the terms of the

doncor omitted in violation of the duties of his office; its own composition, will in all probability bo less original charter by the day fixed by the char the cause, in case of removal, to be reported to the subject to inconstancy than any other member of tho ter. The Committee on the Pacific Railroad Senato at its next session.

Government. had the subject under consideration, and they Mr. HENDERSON. When the Senate ad. Thus it will be seen that one of the inducewere unanimous in recommending the passage journed yesterday evening, I was examining | ments held out to the people of the United of this resolution granting further time to the the power of Congress to pass the amendment States to adopt this instrument was that the company, until the 27th of June, 1866, and Il proposed by the Senator from Illinois. At the President would have no power of removal

39TH Cong. 1ST SESS.-No. 145.

except in conjunction with the Senate of the In regard to inferior officers we can give the ernment, and supposing that it was utterly United States. As I stated yesterday, this appointing power entirely to the President; | impossible that without good reasons the wholesale removal of officers commenced, I but if we do not, if we reserve the right to give Government should have fallen into this pracbelieve, with General Jackson. It was contin our advice and consent before the appointment tice, I was disposed at first to agree with him, ued by the Administration of Mr. Van Buren. shall be made, then he is clearly of the opin. but examination has led me to an opposite Afterward, when General Harrison became ion, as are the courts that have adjudicated conclusion. The decision to which I now refer President of the United States, it is a notorious upon the subject, that the Senate has a voice is that in the case of Marbury vs. Madison. fact to all the members of the Senate that the in saying whether the oflicer shall be removed Of course the question did not arise directly in officers of the country were again changed. or not.

that case, bat a question akin to it did, and in The officers who had been selected by the I know that the Senator from Maryland one point of view perhaps the question itself Democratic party during the twelve years of [Mr. Johnson) insisted yesterday that Mr. arose; but it was avoided in the decision of the Administrations preceding were turned out Madison ought to know, perhaps, better about the court, because it passed off on the power and Whigs were put in their places. Again, this subject than anybody else. If Mr. Madi of the Supreme Court, in the exercise of its after Mr. Polk was elected in 1844, a wholesale son made no mistake on the question of con original jurisdiction, to issue the writ of mandaremoval was again carried on. In 1848, when stitutional power, he clearly made a very great mus to compel Mr. Madison to give the comGeneral Taylor was elected, and under Mr. blunder in regard to the future policy of this mission to Mr. Marbury. It seems that on the Fillmore's Administration, it is a notorious Government on the subject. He made predic. day before Mr. Adams went out of office, on fact another wholesale removal of officers took tions in regard to it which have not been ful the 3d of March, 1801, before the inauguration place; and it has been continued from that day | filled. For instance, Mr. Madison on the occa of Mr. Jefferson, he had appointed five justices down to the present time; and I dare say it sion of that debate said, I refer to Gales & of the peace in the District of Columbia, under all proceeds from the idea advanced by Mr. Seaton's Debates, first volume, page 517-in a law which provided that they were to hold Madison in the debate of 1783. It will be rec. answer to an objection which was urged by Mr. their offices for five years. The commissions ollected, however, that in that debate Mr. Madi Gerry:

were made out by Mr. Adams for those parties, son gave his opinion simply on the appoint "The danger, then, consists merely in this, that tho signed by him, and scaled by the Secretary of ment of the chief executive officers who stand President can displace from office a man whose merits State, but they remained in the office of the in a confidential relation to the President. It require that heshould be continued in it. What will

Secretary of State. The commissions were be the motive which the President can feel for such was in a debate on establishing the office of abuse of his power and the restraints that operate to not delivered to the parties, and after Mr. JefSecretary of Foreign Affairs, our present Sec prevent it? In the first place, he will be impeach ferson came into oflice, Mr. Marbury applied retary of State. There was some good reason able by the House for such an act of maladministra

for a writ of mandamus to the Supreme Court tion; for I contend that the wanton removal of merfor giving the power of removal to the Presiitorious officers would subject him to impeachment

of the United States, to compel the delivery dent in cases of that sort. Objections were and removal from his own high trust."

of the commissions. The writ was to go against taken that the President should not have the Just think of it, Mr. President. Those gen Mr. Madison, who was Secretary of State, to power to remove even those officers, standing || tlemen who laid the foundation of this great || compel him to deliver the commissions to the in so near and so confidential a relation to him abuse of power in subsequent years of the Gov parties to act as justices of the peace for five self; and then Mr. Madison interposed his ernment took the ground that if the President years. There is a concise statement of the opinion, and becoming involved in the debate did thus abuse the power thus put into his case in the second volume of Story's Commenhe afterward took the ground that the position | hands, he himself ought to be impeached! taries on the Constititution, page 406, section was equally applicable to all officers; and That was not the view alone of Mr. Madison ; 1546, where it is stated thus: therein consists ihe error, in my judgment, of but Mr. Vining also, on page 531 of the same “This subject was very claborately discussed in the this whole false theory that has grown up in volume, remarked that

celebrated case of Marbury vs. Madison. Marbury the administration of the Government.

had been appointed a justice of the peace of the Dis“If the President removes a valuable officer, which

trict of Columbia for five years, according to an act I have shown, I think, that it has been the seems to be the great danger the gentleman from South Carolina (Mr. Smith) apprehends, it would be

of Congress, by President Adains, by and with the opinion of the leading men of all the political an act of tyranny which the good sense of the nation

consent of the Senate. His commission had been parties of this country that this power of re would never forget.'

signed by the President, and was sealed and de

posited in the Department of State at the time of moval was one not granted to the

President by Just think of it! Mr. Vining, who supported Mr. Jefferson's accession to the Presidency, and was the Constitution of the United States. It is the power of the President, says it would be

afterward withheld from him by the direction of the notorious that Elbridge Gerry was opposed to

latter. An act of Congress had directed the Secrean act of tyranny on the part of the President

tary of State to keep the seal of the United States, it, and said that no such understanding ever to remove a valuable officer. Thousands and and to make out and record and affix the seal to all existed in the Convention. Roger Sherman thousands have been removed under different

civil commissions to officers of the United States, to took the same ground. I will state another | Administrations, and removed without any

be appointed by the President, after he should have

signed the same. Upon the fullest deliberation, the fact, while it is now before me, that the Judi cause whatever except that they disagreed court were of opinion that, when a commission had ciary Committee of the Senate in 1789, com politically with the power appointing them. If

been signed by the President, the appointment is posed of nine members, decided against the view this idea of Mr. Madison and of Mr. Vining || conferred on him legal rights which cannot be re

final and complete. The officer appointed has then of Mr. Madison, and a majority of them voted and of others in this debate which laid this sumed. Until that the discretion of the President against the passage of the measure carried by unfortunate precedent in the administration of may be exercised by him as to the appointment; but John Adams's casting vote. Of the members

from that moment it is irrevocable. His power over the affairs of this Government had prevailed, the office is then terminated in all cases, where by of the Judiciary Committee at that day, com various Presidents would have been impeached law the officer is not removable by him. Tbe right posed of nine as able men as then lived, five and turned out of their oflices. Mr. Baldwin

to the office is then in the person appointed, and he voted against giving this power to the Presi

has the absolute, unconditional power of accepting also in that Congress said “that such an act dent. The Judiciary Committee of the body would be an abuse of power.”'

or rejecting it. Neither a delivery of the commission, The mere re

nor an actual acceptance of the office, is indispensable that adopted the provision by one vote only moval of an officer for opinion's sake and with

to make the appointment perfect." decided against the existence of the power to out cause other than opinion's sake would be Now I will read a few passages from the remove on the part of the President.

an abuse of power which, in the language of opinion of the Supreme Court in that case-it But I do not rest alone upon the opinions of Mr. Madison, would subject the President him was the unanimous opinion of the court, proindividuals. I might refer to the very able self to impeachment.

nounced by Chief Justice Marshall-to show opinion given by Mr. Hamilton in 1799, years I think that, considering the fact that in every most clearly that no idea ever entered the brain after the decision of Congress so much relied opinion that has ever been given by a leading of a single judge that the President himself on, in a letter written to a friend of his. After

statesman of this country from that day to the had the right of removal in cases where the he himself had been in office as the head of one

present, this debate in the First Congress is law reserved to the Senate the power of conof the Executive Departments of the Govern alluded to as authority, and considering the senting to the nomination before it was comment, he gave an opinion from experience that additional fact that in every judgment of a court plete. The Senator from Maryland takes the his first views of the Constitution were correct. from that day down to the present in which I refer next to Judge Story, in his work upon

ground--and I admit that he has the authority this question came under review, this debate of the first decision by Congress, in 1789, but the Constitution. Ile, referring to this original has been alluded to for authority and the only he has no other authority, because that decisdebate, says:

authority on the question, we ought to examine ion is everywhere alluded to by the judges in “That the final decision of the question so made the debate carefully, and if it turns out that the their opinions, and they rely upon that alonewas greatly influenced by the exalted character of the President then in office, was asserted at the time,

views entertained by distinguished men on the that the President has the rigbt to remove an and has always been believed. Yet the doctrine was occasion have proven in the administration of officer. I admit that that was the opinion given opposed, as well as supported, by the highest talents the Government to be false and ruinous to the by Mr. Madison, but I desire to read from the and patriotism of the country. The public, however, acquiesced in this decisioni, and it constitutes, per

best interests of the Government, Congress opinion of the Supreme Court, to which I have haps, the most extraordinary case in the history of ought now to resume the power with which it called the attention of the Senate, as bearing the Government of a power, conferred by implication is clearly invested.

on that point. The question arose whether on the Executive by the assent of a bare majority of Congress, which has not been questioned on many

Without detaining the Senate I will allude under the circumstances I have stated the Presother occasions. Even the most jealous advocates

to the first judicial opinion that I find upon ident had the right to withhold the coinmisof State rights seem to have slumbered over this vast this subject. It is reported in 1 Cranch, and reach of authority, and have left it untouched, as the

sion. It was perfectly clear that the appointI desire to call to this decision the attention neutral ground of controversy, in which they desire

ment had been made and confirmed by the to rcap no harvest, and from which they retired with

of the Senator from Maryland, who expresses Senate, but Mr. Madison, the Secretary of State, out leaving any protestations of title or contest.' Story's Commentaries on the Constitution, vol.2, sec. 1513.

very confident views on this subject, and with refused to deliver the commission, which was

whom I was disposed to agree when I com tantamount to a removal of the officer after his Judge Story declares it as his opinion that menced the examination of the subject. Rely appointment, and it was notorious that Mr. the appointing power has the power of removal. Il ing entirely on the long practice of the Gov Jefferson, the President, had so ordered it to

On page

be done. The Supreme Court say—I read from to be, then, entirely perfect and complete; and the subject, have the power to remove. Again, 1 Cranch, page 156–

the absurdity of the opinion of the court is on the same page, the court say: "Some point of time must be taken when the found in their own reasoning, because they say "In all these Departments power is given to the power of the Executive over an officer not removable it is not necessary that the oflicer shall have Secretary to appoint all necessary clerks"at his will must cease.'

the commission in his pocket in order to dis Aluding to the power of the Secretaries of What do the court mean by an officer not || charge the duties of his office; that an appoint the Executive Departments. We have by law · removable at the President's will?

ment may be complete without the delivery of given to those Secretaries the power to appoint "That point of time must be when the constitu the commission ; that it is not the same as the their own clerks; the President has nothing to tional power of appointment has been exercised.

delivery of a deed in order to make a grant of And this power has been exercised when the last act

do with it; and the court held that where we required from the person possessing the power has

land complete, but that a man may properly have done that the heads of the Departments been performed. This last act is the signature of the be in the discharge of the duties of an office have the power of removal. commission."

before the actual delivery of the commission. “ In all these Departments power is given to tho Again, in this opinion the court say—I read But read further from this opinion.

Secretary to appoint all necessary clerks (1 Story, from page 162– 166 the court say:

48;) and although no power to remove is expressly

given, yet there can be no doubt that these clerks "It is, therefore, decidedly the opinion of the court “If by law the officer be removable at the will of hold their office at the will and discretion of the head that when a commission has been signed by the Pres. the President, then a new appointment may be im of the Department. It would be a most extraordinary ident the appointment is made; and that the com

mediately made, and the rights of the officer are construction of the law that all these offices were to mission is complete when the seal of the United terminated. But as a fact which has existed cannot be held during life, which must incvitably follow States has been affixed toit by the Secretary of State. be made never to have existed, the appointment unless the incumbent was removable at the discre

"Where an oflicer is removable at the will of the cannot be annihilated; and consequently, if the tion of the head of the Department; the President Executive, the circumstance which completes bis officer is by law not removable at the will of the has certainly no power to remove." appointment is of no concern, because the act is at President, the rights he has acquired are protected any time revocable; and the commission may be by the law, and are not resumable by the President.

Why? Because he did not appoint; and he did arrested, if still in the office. But when the oficer is They cannot be extinguished by executive authority, not appoint because the law puts the appointnot removable at the will of the Executive, the ap and he has the privilege of asserting them in liko ing power elsewhere, and having put it elsepointment is not revocable and cannot be annulled. manner as if they had been derived from any otber It has conferred legal rights which cannot be re

where, if the officer is to be removed he must source. sumed."

be removed by the power

that It will be observed that the court decided in

appoints. The They decided afterward in this case that

court say expressly that the power does not this appointment was complete and perfect of

this case that a justice of the peace in the Dis exist in the President to remove a clerk in one itself, that it vested a right, and that the Pres

trict of Columbia appointed for five years, an ident could not in the particular case withoffice created by Congress, had a right to his

of the Departments; and yet it has been claimed

on the floor of the Senate, and will be again hold the commission. office, after confirmation by the Senate, and a

claimed, that the power exists in the President Mr. DIXON. Was that the case of a judge? | right against the President, and that the PresMr. HENDERSON. No; a justice of the

to remove the head of a Department and to ident could not defeat his right in consequence

put somebody there who will remove the clerks. of a refusalto deliver the commission. If that peace in the District of Columbia. They only

deny that proposition. I say it is defeatrefused to issue the writ of mandamus, because be so, by analogy of reasoning why is it that

ing entirely the Constitution ; it is defeating they decided that in that case under the Conthe President of the United States has the

the opinions of all, or a large majority, of the stitution, the Supreme Court had not original power after the commission has been delivered

distinguished founders of our Government, leavjurisdiction to issue the writ of mandamus ;

and before the expiration of the term of office
to remove? Is there any such right? Surely

ing out Mr. Madison, and he surely, I admit, that it had only an appellate jurisdiction. It

was as distinguished as any of them, and I give is true that the judiciary act of 1789 had this opinion of the court has no meaning in it

full weight to his opinions. It will be defeatif such be the correct view. attempted to give the Supreme Court the power

ing the construction given by the courts in to issue a writ of mandamus, but the court

later days appointing ; the decided that the law in that respect was unconstitutional, because the Constitution only gave Supreme Court reported in 13 Peters, page

tinue to say: original jurisdiction in certain cases, and to

230. This is a case in which the same ques “These clerks fall under that class of inferior offiissue a writ of mandamus was not one of

tion came up, and I think the opinion of the cers, the appointment of which the Constitution those cases; and that view has been taken in

court is perfectly clear. It was an applica- authorizes Congress to rest in the head of the Detion by Mr. Hennen for a rule upon the judge

partment. The same rule, as to the power of removal, some fifteen or twenty decisions between that time and this. But I read further: of the district court of the United States for

must be applied to offices where the appointment is

vested in the President alone." the eastern district of Louisiana to show cause "The discretion of the Executive is to be exercised

If Congress gives to the President the power why a mandamus should not be issued against to appoint inferior officers, not reserving the until the appointment has been made. But having ouce made the appointment, his power over the office him requiring him to restore Mr. Hennen to

right to consent to their appointment on the is terminated in all cases where by law the officer is the office of clerk of the district court.

It part of the Senate, then, say the court, the not removable by him. The right to the office is then seems that from 1834 to 1837 Judge Harper President has the right to remove of his own in the person appointed, and he has the absolute, unconditional power of accepting or rejecting it.” had been judge of that district court, and bav motion. Again the court say: I am aware that the court decided in this ling the appointment of the clerk of the court,

"And the Constitution has authorized Congress, in case—and I think wrongly, if I may be permithe had exercised that right and had appointed

certain cases, to vest this power in the President ted to differ from so able a court that the Pres

Mr. Hennen clerk. Afterward Hon. P. K. alone, in the courts of law, or in the heads of Departident, after the confirmation by the Senate, has Lawrence was appointed judge, and immedi- || hy authority of law, must hold their ofice at the dis

ments; and all inferior officers appointed under cach, the right to withhold the commission, that the ately upon his appointment he removed Mr.

cretion of the appointing power. Such is the settled appointing power, is not complete until the

Hennen and appointed Mr. Winthrop clerk. usage and practical construction of the Constitution President signs the commission. The court Mr. Hennen resisted the right to remove him,

and laws under which these offices are held.” seems to have fallen into this error from the and asked for this rule. The Supreme Court

I am aware that in the opinion of the court, fact that the two clauses--the one granting the decided, of course, as they had done in the in this case, they refer to the decision of Con

gress in 1789, but they clearly give their dissent appointing power, and the other providing that previous case, that they had not authority to the President shall commission all officers thus

issue the writ; that it could not go; and they from the construction then sanctioned by Con. decided also that the district judge had a per

gress. There is another opinion of the Supreme appointed-occur in different portions of the Constitution, a circumstance which amounts to

fect right to remove the former clerk and to Court in 19 Howard, to which I will not refer; nothing, in my view of the Constitution. The

appoint a new one; but now I wish to read it is unnecessary to do so, because it establishes granting of a commission by the President is a from the opinion of the court to show that in

the same doctrine to which I have referred in ministerial duty which he is compelled to do their view the appointing power is the only

the other two decisions. On this same ques. when he makes an appointment to the Senate

power that can remove; and if that be true tion Judge Story, at page 400 of the second and the Senate confirms it. It is, in my judg: || right of giving its advice and consent to a nomwherever Congress reserves to the Senate the

volume of his Commentaries, section 1538,

says: ment, the absolute duty of the President under the Constitution of the United States to issue

ination, the officer so appointed cannot be Thelanguage of the Constitution is, that the Presithe commission in such a case, though I am removed without the consent of the Senate. I

dent shall nominate, and by and with the advice and

consent of the Senate, appoint,' &c. The power to aware the court in this case took a contrary

read from the opinion at page 259 of 13 Peters: nominato does not naturally or necessarily include view, and said it was necessary that the Presi

"It cannot for a moment be admitted that it was

the power to remove; and if the power to appoint the intention of the Constitution that those offices

does include it, then the latter belongs conjointly to dent shall have signed the commission and which are denominated inferior offices should be held

the Executive and the Senate. In short, under such that it shall have been sealed in order to make during life. And if removable at pleasure, by whom

circumstances the removal takes place in virtue of it complete. Mr. Jefferson, in order to carry is such removal to be made? In the absence of all

the new appointment by mere operation of law. It constitutional provision or statutory regulation, it

results, and is not separable, from the appointment out this power of removal, continually resisted would seem to be a sound and necessary rule to con

itself." the idea that a writ of mandamus could go sider the power of removal as incident to the power It will be observed that Judge Story takes against any of the executive officers from any of appointment.'

the ground that if the President can remove at judicial tribunal whatever, which laid another The President cannot appoint in some cases all, it is by virtue only of a new appointment, foundation for error on this subject, in my judg. without the concurrence of the Senate. Where and inasmuch as that new appointment has ment. When the President makes an appoint ever the concurrence of the Senate is neces to come before the Senate for confirmation, if ment to an office, and the Senate confirm that sary the Senate is a part of the appointing it is an office of that character which requires appointment, it seems to nie that the writ should power, and if a part of the appointing power, the confirmation of the Senate, of course no go against the President to compel him to de the court say that the same power that appoints removal can take place until the Senate has liver the commission. The right seems to me must necessarily, in the absence of any law on confirmed the new appointment; that is to say,

« PreviousContinue »