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unwilling to see the position assumed by the judges upon the living history of the age ; and unable to tell. He told us that he would rather distinguished Senator from Rhode Island go it will live when I am forgotten. It will live have one tyrant than many. So would I. But unchallenged here and at this time. There as being the pathway pointed out by that pro I do not propose, if I can help it, to have any was, and I do not know but it exists yet, a fession that opens wide the valves of humanity | tyrant. I do not suppose that around this proceeding known to the common law whereby everywhere. "It will live when those who de. circle there is a single man who proposes to be persons were indicted for being common scolds. tract from it are dead and forgotten.
a tyrant, whether he agrees with me politically If that law were in existence now I apprehend Sir, the danger to this country lies in another or not. I know that the man at the head of the honorable Senator, if he could be indicted direction. My honorable friend has told us this Government desires not to be a tyrant. for words spoken in debate, would be subject || why the lawyers cannot be dangerous. He The simple question here is, upon which noto an indictment. He seems to be very much says they do not enter into the common busi. body should get his anger or his feelings aroused, disturbed about the organization of this body, ness of life. They do not to some extent, and whether the Senate of the United States shall because there are lawyers in it. Rhode Island in another they do, in a wider sphere far than | be recognized as a part of the appointing power sends no lawyers here. She sends manufac any other profession. In one sense I admit or not; and here my honorable friend will turers and printers. Perhaps she is wise in so they do not, for they toil and delve over the find solace in the fact that even the lawyers doing. She sends whom she pleases, without | midnight lamp over doubtful themes, and they || differ upon that question. regard to their profession, and with no regard never gather much of this world's gifts, bat I do not care one straw what the fate of this to anything else but their fitness for the place. || they live pretty well and die poor. They are measure may be ; but I dislike, I cannot enBut, sir, who has made my friend the judge of the kind mostly that you have with you dure, to see a man standing upon so high a pedover lawyers? Why stands he here to swing always.". [Laughter.] While they are digging | estal sound the notes of alarm. I ask the his sledge-bammer blows at that profession, thus for the public and private good the man honorable Senator if he did not vote for this wbich is as old as the organization of human ufacturer reposes upon his rich gains and can Jaw that he is now seeking to repeal? Why did society ? Why stands be here to arraign a shake defiance at them ; but when he is in | he vote for it? Why did I vote for it? The class who have made the pathway of govern danger of losing a dollar or his reputation they | exigencies of the hour demanded it; and the ment and reform luminous through long lives, are the very ones whom he seeks. To whom lawyers assisted my honorable friend in bring. and whose history stands as a burning modu would the honorable Senator go if his property | ing about that much desirable end. Why does ment to day to their great character and ser was threatened but to a lawyer? To whom he want to get rid of it? What has he learned vices? Is it reserved for the honorable Sen. would he go if his reputation were assailed ? since ? He says that the States are assuming ator from Rhode Island upou this unexpected || To his own right arm or to a lawyer, one or here an authority amounting to tyranny. How? occasion, with one fell swoop, to declare that the other? In a word, sir, the legal profession | Are the Senators now elected any differently the imminent danger of this country rests in is the great umbrella under which all others from what they were at the time of the adopthe lawyers of the Senate? That is a new dis hide when they are frightened or in danger. tion of the Constitution? Have they not always covery.
A few words further, sir, and I have done ; || acted upon appointments? I hope my honor. I ask the honorable Senator who it was that for I know there is a gentleman who has some able friend will not rear again this frightful at the time this law was enacted, when the very thing to say upon this question; but I thought image of State tyranny. elements were thick with danger, when the my remarks would be quite as germane as But I understood the Senator to say that the country was anxious from center to circumfer: those of the honorable Senator from Rhode legislation since he had been liere had been for ence, when the patriotic were inquiring where Island.
party more than for principle. I do not rethey could find shelter from the danger of that The history of this country shows that the member now any important measure since I bad man who was swinging a tyrant's power in earliest and most efficient advocates for human || have had the honor of a seat in this body on the executive department of this country, who | liberty were lawyers. They had read it as a which I have not voted with the honorable was it that then stood out with the remedy? || science. They drank from that fountain that Sepator from Rbode Island. I stand here to The lawyers of this body. They knew whereof never dries, and to drink from which, I repeat, repel all such insinuations. Sir, if I have voted they spoke and acted. It was not reserved for opens the valves of humanity and consequently with my party I have voted with them upon the the honorable Senator to see the way, perhaps, makes them always philanthropic. Sir, who | highest principles of my own integrity because as clear as the honorable Senator froin Illinois, roused the energies of this doubting country thought my party were right in the measures [Mr. TRUMBULL.]
in the time when liberty trembled in the bal they proposed; and the historian will record The Senator from Rhode Island says he has ance for the adoption of the Declaration of it in letters that no insinuation will blot out been puzzled to understand the legislation of Indepeudence? it was the lawyer and the that the mass of that legislation has redounded Congress. Is that a lawyer's fault? Perhaps | unequaled orator, Patrick Henry. He burst to the honor and the glory and the safety of if he had been a little more of a lawyer he would upon that body that held the destiny of free. this Republic. ' I repel, therefore, if I under: not have been puzzled so much. [Laughter.] dom in its hands like a mighty meteor. He stood it, the insinuation of the honorable SenI do not profess to be a representative by any let loose upon it the illumination that he had ator that my vote or the vote of any of those means of that great profession, the law. Í been gathering away back in the centuries who have acted with me has rested upon any bave been but a feeble gleaner in its mighty from the legal lore therein stored. When other principle than the principle of an honesī felds; but I have gathered gems and diamonds nullification reared its frightful head and pre desire to do right. Sir, what is it to me whether that have been found there for which the hon sented its awful form, who but New England's the Republican party exists or not any more orable Senator never dug.
noblest lawyer, Webster, slew the monster ? than it is to the honorable Senator? The ties It would ill become me to say in this body Who stamped it with eternal insamy? It was that bind me to this sphere are weakened by that tbe danger to this country lies in the direc. a lawyer; the great, big-headed, big-hearted || years, and they do not bind me as strongly as tion of the manufacturers. We have been lawyer; the lawyer who reveled in his knowl. they do my younger friend from Rhode Island. asked here from time whereof my memory edge of law, and whose glory and triumph is The remnant of my life could be lived under runneth not to the contrary, in legal parlance, the proud title, “Expounder of the Consti almost any kind of government without much to uphold the manufacturing interests of this tution."
torture to myself. But, sir, the honor that I country; and I appeal to my honorable friend But, sir, let us come later down, to the field wish to share in and the glory I wish to have, from Rhode Island, who have made the ablest of strife in which the houorable Senator from if I have any, is that while my nation was arguments in that behalf, the manufacturers or Rhode Island bore so honorable a part. 1 struggling with a power that seemed its masthe lawyers who knew the ground upon which remember well the day that I saw him come ter, when tyranny and freedom had their last they trod?
in at the head of the Rhode Island troops, and contest, I was found standing here at my post Sir, I am surprised that the honorable Sen I have liked him ever since. He complains || and giving my voice in a feeble manner to upator should attempt this work of destroying a that the lawyers in this Senate did not tell hold and defend the institutions of this counprofession and attempting to bring it into dis hin there was going to be war. A watchman try that liberty might be transmitted to my repute, when here upon this floor, and from he, and want telling? He stood on the ram. posterity unalloyed. hisorn New England, stood the mighty lawyer, l parts of Rhode Island. He snuffed, like the I therefore hope the honorable Senator's Webster, whose words were the words of wis war-horse of Job, the breeze afar off. He did forebodings will cease. The lawyers will not dom, who drew from fountains old and new, not wait for lawyers to tell him. He knew it. hurt him. If he does not want to use them who understood every bone and Gber and liga: It is the practice of lawyers never to tell they will not charge any fees, and if he does ment and vein and artery of the Constitution, folks things that they know all the tiine them- || they will not charge him enough to make it of which he almost constituted a part; and selves. The manufacturer knew; the Governor felt by him. I hope he will let the lawyers yet we are told to-day by this Boanerges from knew; the patriot knew; the world knew it; alone. They are à toiling class. They toil Rhode Island that danger lies in having lawyers for the very elements were full of war; and it early and late, and read musty books and fresh in this body. Sir, let it never enter the Sen. was not necessary for any lawyer of the Senate ones, and they do it to learn how to act under ator's mind that the danger to a Republic lies to go to Rhode Island to tell the honorable standingly, how to understand the Constitu. in the direction of knowing too much. Danger Governor, now Senator, that there was to tion, how to uphold it, and how to defend them. lies in the direction of not knowing enough. be a war. Why, sir, the notes of war were selves and the rights of their fellow-citizens.
Being the feeblest and the least, perhaps, of sounded from every post and upon every pillar Mr. CORBETT. Mr. President, it is with the representatives of that profession, I felt of the nation; and yet the honorable Senator some hesitancy that I rise to address the Sen. myself called upon to enter the arena in its would seem to find fault that a lawyer did not ate upon this question after the very able argu. defense. Who is ihe giant that is going to strike leave here and go down to Rhode Island and ments that have been advanced by the Senator us down? On whose head sits the brightest tell him there was going to be war.
froin Illinois, (Mr. TRUMBULL,] the Senator erown that Rbode Island ever produced ? Her Sir, to what particular subject the speech of from Vermont, (Mr. EDMUNDS,] and other dislawyers; and they find their place as her the honorable Senator was addressed I was tinguished Senators who have presented this
constitutional question in such plain light be prominent positions. That I would guard undignified perhaps to do so; that we cannot fore the Senate. But there are practical ques against. I think that is a great evil in the reirace our steps; that we cannot fall back from tious of the effects of which perhaps those in present law.
the position we have taken with dignity to our. practical life can judge as well as those of more But, Mr. President, we have never been able selves; that we must pursue a system that we experience in framing laws. Atier the able
to carry out any great design where there was have inaugurated but that in my mind has vindication of the legal profession by our friend a responsibility, wbere the coördinate proved injurious. I do not believe that it has from Nevada I shall not attempt to pass any
branches of the Government were in conflict. proved beneficial even during the administraretlections upon that able representative class During our war every one will remember the tion of Audrew Johnson. If any inan will in this body.
i troubles that we had in mustering our armies trace the history of this law, the suspensions But I do claim, as a business man, to kuow and placing them under the command of the under it and the consequent results froin it, I something of the effects of this law upon those different heads of Departments and the Pres think he cannot fail to be convinced in his whom you control and the effects of the system ident here at Washington—those who were not own mind that it has been injurious. While by which they are controlled. I believe that upon the ground, those who were not respon: the law was in existence we were obliged to this law as now framed has a bad etfect upon sible. Our first success was gained in a dis.
One of the chief suspensions under those engaged in office, those who are execut tant portion of the country, where the com this law was the Secretary of War. The Presi. ing your laws, those who are engaged in col mander was not liable to be removed, but dent could not at first get a man to take the lecting your revenues; that you cannot apply where it was left to his discretion to act as he office who would be satisfactory to the Senate such ethicient measures for the removal of those thought best. We never gained any import of the United States. Then he suspended the persons as you can without it. During perhaps ant victories until we left the command to the Secretary and appointed at first the now Presi. halt the year the officials should be subject to discretion of one man, and allowed him to dent of the United States, which was satisfac. the will of the President, the Senate not being select those officers in whom he contided, and tory ; but after that he was not enabled to get in session, but they are not under this law. to carry out a policy laid down by him, and a a man to accept the office who would be salis. The removals that are made under the law system which he had considered and deterın. factory to the Senate. He was only enabled must be made as suspensions. The very sus ined and counseled with thein upon in secret to select a man who would be his pliant tool. pension of a man who is engaged in collecting | council, in order to produce a certain result, || Consequently, under the law, the President was your revenues indicates that he has been some in order to take a certain point or a certain arraigned before the Senate of the United what derelict in his duty; that he is either dis fortification.
States by the House of Representatives. Tbat honest or unfaithful; and that for those reasons And it seems to me now, as a practical ques. law existed; it was in force. I believed that he is to be removed. If this law be continued tion, that we must leave the power of removal the Congress of the United States had a right we inust enter into an inquisitorial examina with the man who is to enforce purity in the to enact the law ; and as long as it was in extion of all these cases, or else we must do in collection of our revenues, to inaugurate a new istence I believed that we should hold the justice to those who have been appointed by system and discharge corrupt men, and put an President of the United States responsible for the President and conffrmed by the Senate, and end to "rings, as they are called, that are so his acts ; that he had no right to violate it, and who have been suspended during our recess. linked together that it is very dithicult for us to if he did violate it, and that violation was al.
The Senator from Kansas [Mr. Pomeroy] determine in what manner they produce their lowed to go unchecked, it would tend to a informs me that during the last year there were
influence. Thave seen influences at work even concentration of power which would be ultisome eighteen cases of suspension before the in the Senate of the United States during the mately to the great harm of the Republie. Post Office Committee ; and every one of those past few years that it seemed to me were Now, having seen the effects of it in his suspended claimed that the suspension was wrong, and tended to show that we were actu appointments afterward that he was necessarily unjust; that it was made without due examin ated by undue preference for our friends. compelled to make in order to propitiate cer. ation; and that he was not guilty of the charge | Appeals have been made to us to sustain them tain influences, in order to free hiinself from against him. They claimed further that that in their offices, whereas, if no such law as the the position in which he had placed bimself committee should examine into those cases and tenure-of-office act had existed, we should have from being deposed as President of the United report whether they were guilty or not guilty. said to them, “The President has removed States, having seen the corrupt influences that They claimed that unless the committee did you ; he has placed another man in your place; were at work under the law, I believe it to be that they would be regarded as having been we can do nothing about it.” He is respon: detrimental to the interests of the United States dishonest in office; that they would be dis sible; he is responsible to the people for the and that it will only lead to corruption. Theregraced at home; that they must have a fair || collection of the revenue, and if he does wrong fore, Mr. President, I am in favor of its eutire trial. They claimed in soine cases that it was the people will right it. I have great contidence repeal. unconstitutional to convict a man without a in the people, so that whenever corrupt officers No such law for any great length of time, in hearing of the other side. It seems to me en are appointed they will ask that the President my opinion, can exist without creating irritation tirely impracticable for the Senate to take up remove those officers. I believe that he should between the Executive and the Senate of the these cases of suspension of officers who may be
have that power.
We are only in session here United States. I believe no such law, how. suspended during our recess and examine them part of the year, the year of the short session ever pure, however good the President of the during the time that we are in session. The only three or four months. During the seven United States may be, can exist for any great time in which we are engaged here in making or eight months that follow the President should || length of time without producing evil influlaws, or revising them, should not be devoted have the power to appoint persons to office that
We must have a head to this Governto the examination of cases of suspensions from he may think will carry out the laws and faith. ment. No Government ever existed without otlice.
fully collect the revenue. If he has not that a head. There must be a head elected by the As the law originally stood, those who were power my opinion is that your system of revenue people of the United States, or else it must be removed from office might have been removed will be ineficient; it will not be collected in a dynasty established and perpetuated ; and for political causes, or because they were dis as ethicient a manner as it would be under the unless we allow the executive head of this honest in office, or because they were inefti previous system.
Government to administer the laws in accord. cient. It was left entirely to the judgment of My friend from Vermont has presented the ance with his judgment and enforce them in the people to decide what was the real cause. discussions in the early history of this Gov. the manner laid down by our statutes the GovThe person who was removed gave such rea ernment, and read an account of the debate in ernment is a failure. He must be held resons as he chose. It seems to me that it is better the First Congress as colored by a partisan sponsible, and if we have a corrupt Presideut to leave to the discretion of the President of
view. He did it to show that certain persons the people will rise up and overthrow his the United States to determine whom he will were influenced by a desire to favor the Presi. Administration. remove during the recess and for what causes. dent; and if that paper had any effect, perhaps We have provided in certain cases that the If he be a man who desires to do right he cer it would be to make the Senators here feel President of the United States may be imtainly will not remove an officer unless it may that if they favored the repeal of this law it peached. If he does not faithfully execute the be in those cases where there is corruption in might look as though they were favoring the laws the only remedy we bave is to impeach office or dishonesty; and if that be the case,
President of the United States. We must look him. Therefore he stands before us as the on the convening of the Senate, it a proper
to it that that rear does not inake us stand a executive officer, with all the responsibility person has been appointed during the recess, he little more than straight. We may stand so resting on his shoulders, and if he does not will be coufirmed. But there may be a neces. straight that we shall fall over.
entorce the laws he may be iinpeached. That sity for now modifying the law, and I shall It seems to me that the etliciency of the ser is the remedy. support the amendment offered by the Senator vice requires that we should have an executive I look upon this question in the practical from Nebraska, (Mr. Tuayer,] with another head, that we should have a responsible head view, and every business man must look at it amendment to it which I shall offer at the on whom we can place the responsibility. We in that light. Every man that has controlled proper time. I would add to his proposition consent to the appointment of officers, and if a business or has had large numbers of emthese words:
those appointees are not suitable for the posi- || ployés under him knows that it is necessary to And all persons rejected during the session of Con
tions they certainly should be removed. The have a head. I believe if the early expounders gress shall not be again appointed to office during responsibility should be with the President; he of the Constitution, those who engaged in inak. the following recess.
is ihe only one that can remove them. The ing the laws in early times, had had the expeWe have had cases before us where persons Senate is not responsible; it cannot remove. rience we have had for the past two years they were appointed during the recess, and when the We can only consent to the contirmation of would have decided upon this question as they Senate convened those persons were rejected, those that he sends to us.
did then by a much larger majority. We have and as soon as the Senate adjourned again they Mr. President, if this law is bad in its effects their discussions and their experience, and we were reappointed to the same positions or other why not repeal it? We may feel that it is have our own experience. Our experience
convinces me that it is detrimental to the pub- || his theory of its intent and its results. Another There is a homely saying about fair words not lic interest, and therefore I advocate its early gentleman, the honorable Senator from Michi buttering parsnips; and it occurs to me that and unconditional repeal.
gan, [Mr. HOWARD,) declared it to be in his | this will arise to every man who looks upon I believe that the suspension of this law will opinion "a salutary act and necessary to the this question practically. Talk about suspend. only convince us further of the irritation and public service."
ing this act holding it in terrorem over the bickering and strife which it occasions, and Now, sir, I ask, even with additional varia Executive that he shall conform his action to therefore I prefer to see the law stand as it is, tion of praise or blame of which so much has the pleasure of the majority of this body! As and I believe the President of the United States fallen in this debate from those who are advo- || the honorable Senator from Indiana stated, it would prefer to see the law stand as it is; I cates for the passage of this bill, between these is nothing more nor less than placing him bebelieve that any President would prefer to see totally different opinions can there in reason fore his party upon probation for the term of the law stand as it is rather than to have it be a middle ground? To suspend this act eight months. I would rather act what I said suspended for a few months for his especial would simply, in my opinion, be to trifle with and prove my confidence in a mau by removing benefit. I do not advocate this repeal partic- || public legislation. On one thing alone these impediments to the faithful performance of his ularly on account of the present President. I gentlemen, so differing in other matters, still official duties. advocate it on account of the benefits to arise agree: they come together upon the ground For myself, sir, I would say that I was ear. in the future. I believe it will bring us back that the act is constitutional. Of course it nestly opposed to his election, and yet that I to a purer state of the Government. I believe must be constitutional in their opinion to ob recognize to the full his position as the Chief it will bring us back to a more efficient enforce tain their votes, for what warrant shall there | Magistrate of my country. I recognize my ment of the laws. I believe it will break up be for a vote in this body except it be the letter duties and my obligations to him, both as a "rings” that are banded together to prevent and the spirit of the Constitution that permits citizen and in my capacity here as a Senator the execution of the laws and to prevent the it to take the form or dignity of a law? It is representing one of the States. I never expect collection of the revenue.
based, say they, upon a constitutional power or propose to hinder him in any way in the just Mr. President, I only intended to make these given to the Senate to regulate the removal of perforinance of his duties, but on the contrary few brief remarks on this subject, as I view it officers. This is claimed by all these gentle consistently, fearlessly, and honorably to susin the sense of what is necessary to secure a
tain him in every act of the just performance faithful execution of the laws. I will not tres Admit this, for the purpose of the argument, of his duties, and equally with the matter of pass longer upon the Senate; but at the proper to be true; admit that the Senate, in exercising sustaining him in his just powers I will vote time, if the present amendment of the commit control over this question of the removal of at all times in every way to restrain him should tee is voted down, I shall offer the amendment officers from their places, are exercising a con he attempt to act in a manner unauthorized by I have indicated to the amendment of the stitutional power--what then? In my opinion || the Constitution of the country. Sepator from Nebraska.
constitutional power and constitutional duty I will here notice, in passing, what seems to Mr. BAYARD. Mr. President, the ques re synonymous terms. If there be a power me to be a strange unsoundness in the reason. tion, as I understand it, before this body is the deputed to any branch of our Governinenting adopted by certain honorable Senators for amendment of the Senate Judiciary Commit under the Constitution for its exercise, it is a their vote to suspend this law. The bonorable tee to the bill passed by the House of Repre- || duty to exercise it. I ask, therefore, in that Senator from Wisconsin (Mr. CARPENTER] adsentatives repealing an act of Congress passed view, under what pretext can Senators justly vanced some reasons for the suspension of this in March, 1867, regulating the tenure of cer propose to let their constitutional powers sleep || law which struck me as being scarcely logical. tain civil offices." I do not precisely under for the space of one hour, one day, or, as is He declared that the law added nothing to the stand the nature of the amendment intended now proposed, for eight months? If, as is l restraints which the Constitution places upon to be offered by the honorable Senator from urged by the friends of the suspension of this the executive office. He went further, and he Pennsylvania, (Mr. Scotr.] The matter which || law, the power of removal is equally deposited stated that "under this law” the President I now rise to discuss is the proposed suspension with the Executive and the Senate, a joint of the United States " has a power" that of an existing law of the United States, for that | trust to them, I ask how can the Senate agree " Washington never had." He said : is the substance. The repeal of this law in to depute, even for an hour or a day or the
“It is usual to speak of this law as a great restraint toto is another question which I trust may come time mentioned, eight months, any portion of on tho President; properly regarded, however, it enbefore this body for its decision to-day. their constitutional duty to another branch of larges the power of the President, and I am willing In my opinion the existence or the non-ex the Government? If they can give to the
to amend it so as to grant still further power. istence of this act, the absolute repeal or non President, by this bill, to be exercised by him Why, sir, this is a most remarkable piece of repeal of the act is the only sensible or just singly that which they claiın is vested in him | logic, that that which is declared here to be an or efficient question to be considered by the only jointly with themselves, then they have attempt to untie the hands of the President, to Senate. If the tenure-of-office aet be a whole. | parted or attempted to part with that which, untrammel his hands, should yet in the same some act, if it be a proper law it should stand, in my opinion, they cannot faithfully forego breath be declared to be an enabling rather and if it be not so the sooner it is repealed the the exercise of. If the gentlemen who say than a disabling act! I do not understand the beiter. From whatever causes its impropriety that this is a joint deposit of power in these | logic of this matter. It strikes me that the or uselessness may arise, they may be dis. two departments of the Government really | reasoning is unsound to say that a law which cussed, and they should be discussed, and action | entertain that opinion, how can they, with has cramped the Executive yet gives hiin greater taken upon it directly. Between the suspen reason or with justice, forego for any length power than he had before ; and after admitting sion of this law and its repeal there can in iny of tine the exercise of that which they say is that the powers are increased, gentlemen vote opinion be no middle ground upon which rea a constitutional obligation upon them? Admit to suspend the law so that the President's son and justice can rest their feet.
the doctrine that for this vacation of six or powers may again be diminished! Where can Now, in regard to the act itself—which was eight months the President is to perform a be the good sense or logic of such an allegation ? passed two years ago by a vast majority in each || duty which you have heretofore said belonged | I fail to see it. It is an odd mode of reasoning. branch of Congress-we find that the majority to him and the Senate jointly, and what prin. It occurs to me that this idea of suspending of this body, as at present constituted, differ ciple have you admitted? That he may per the law is disingenious; it is illogical and unmost widely concerning it, as to its value, as form your duties in other respects forever; for reasonable, and there can be, as I said before, to its object, as to its results. Upon this floor || if you may give him your rights and duties and no middle ground between its maintenance and within the past two days it has been admitted responsibilities, in other words, delegate to its entire repeal. I trust, therefore, that the in debate by one of its former advocates that him your discretion for one act, you may do it Senate will peremptorily refuse to suspend this the law was but a temporary device to restrain for all. You would have, in my opinion, no law, but I equally hope that they will vote for an obnoxious Executive ; that it was a make more right to depute to the President the ex. its absolute and unconditional repeal. shift, an expedient which has served its day ercise of a power that should be exercised by I do not put the repeal of the law only upon and hour and is now to be cast aside among you than you would have to depute to the the ground of the inexpediency of the act. I other legislative rubbish.
other Honse of Congress the right to make believe it has been an injury to the public serAnother honorable Senator has euphonized | laws withont your assent and coincidence. vice. I believe that it has cost this country the phrase of the gentleman who preceded him Mr. President, all such doctrines I deny, for much in the way of good government. I believe in debate and terned it “ an act of exceptional I affirm that the Senate has no more right to it has kept men in oltice who thought they were authority," the precise meaning of which I fail relinquish the just exercise of a power dele safe to do anything and had no superior to entirely to comprehend, and he has declared gated to it by the Constitution than it has to whom they were justly responsible. I think that it involves us in trouble and controversy assume a power not granted by the Constitu- || the whole framework of this law made it any. that has no remedy." I cite the language of tion. Therefore, sir, I shall vote against the thing but a creditable piece of legislation. The the honorable Senator from Ohio, (Mr. SHER amendment proposing to suspend the teoure animus of the law is apparent upon its face. HAN.]
of office act. I have here nothing to say in It was leveled against a single officer of this Again, taking other views in regard to this regard to confidence or want of confidence in Government. It is a law relating to a civil act, the honorable Senator from Vermont (Mr. the present Executive. He has been deluged subject, to the tenure of civil office; and yet EDMUNDS] declared that it was “an act of true with praise in this body almost, I should think, it bristles with penalties of the most severe and honest reform in the administration of the ad nauseam---"slavered” was the phrase used character-imprisonment for a long term of affairs of this country;'! that it was "to stand by a distinguished Senator. In the midst of years and fine in a large amount of money. It as well to day as yesterday, and to stand after all this generous outpouring of mere words to is meant to terrify and punish more than it is we shall have left our places, and others who him, it occurs to me that it night be rather simply to regulate, according to the better sepse we know not shall follow us. He has given more refreshing if these volubla words were of the word. the law a position at least of respectability in Il accompanied by one act signifying contidence. The question involved in the power of Con.
41st CONG. IsT SESS, ---No. 11.
gress to pass the law under the limitations of
been used to enforce the view taken in this The Legislative power was susceptible of strict the Federal Constitution has, unfortunately, debate by the honorable Senator from Wis. definition; it was the creative power, and the never been brought directly to the test of a consin. He read, or there was read for him framers could say what it might do. The ex. judicial arbitration. It is greatiy to be re in this body, a long extract from a speech of
ecutive power being dependent for its exercise gretted, in my opinion, that during the past Mr. Calhoun atlirming the right of the Senate upon that of the Legislature, was necessarily two years no case could have been made up to participate in the power of removal ; and general, and yet it was susceptible of measureto bring it before a tribunal competent for its here I take leave to say that there is an au inent by being made coequal with it, and decision. I believe that the late incumbent of thority I would present to the consideration equally so with the grant of the judicial power. the presidential office made the effort, I think of the Senate quite equal to that which bas In the second section of the second article in the case of General Thomas; but there the
been used by the honorable gentleman from it is provided thatmere clicanery of party, in the person of a Wisconsin. I propose nothing less than to let "He [the President) shall have power, by ani with judicial officer of this District, prevented the Mr. Calboun answer himself on this subject.
tho advice and consent of the Senate, to make trea.
ties, provided to thirds of the Senators present test from being made. I regard that of itself I find in the speech in the Senate made Jan.
concur; and he shall nominate, and by and with the as being unfortunate. I believe this law to be
nary 13, 1834, by Mr. Calhoun upon the re advice and consent of the Senate shall appoint, emwithout constitutional warrant. I do not con moval of the public deposits from the Bank
bassadors, other public ininisters aud consuls, judges ceive it to be a constitutional act.
of the Suprune Court, and all other oficers of the of the United States, at page 330 of the second United States whose appointments are not herein tion, as has been said here in debate, is one volume of his works, the following language: otherwise provided for and which sball be estabof construction. It was early considered and
“I have no doubt that the President romoved the
lished by law." it was gravely considered at the time of the former Secretary and placed the present in his place
And in the third clause of the second section: organization of our Government under the expressly with a view to the repoval of the doposits, "The President shall have power to fill up all
I am equally clear, under all the circumstances of Vacancies that may bappen during the recess of the present Constitution, and it then was decided,
the case, that the President's couduct is wholly in Senato by granting cominissions wbich shall expire and the decision reached in 1789 remained the defensible; and, among other objections, I fear ho at the end of their next session." law of this land until the passage of the act in had in view in the removal an object ominently danquestion in March, 1867. To me the decision gerous and unconstitutio:al-to give an advantage
And in the next section he is vested with to his veto never intended by the Constitution, a power and a duty is imposed on him: reached in 1789 by the Congress of the United power intended as a shield to protect the Execu
“He shall take care that the laws be faithfully States is sustained by reason as well as author. tive against the encroachment of the legislativo
executed, and shall commission all the officers of the ity, that the power of removal of an officer is
deparunent; to maintain the present state of things United States."
against dangerous or hasty innovation; but which, I essentially and solely an executive power, un fear, is in this case intended as a sword to defend
It will be observed that the President is to shared by the Senate of the United States. the usurpation of the Executive. I say, I fear--lor nominate. The Senate is the advising body This question, as is the case with most gravely
although the circumstances of this case lead 10 il just
upon those uominations; and it advises and contested questions, has had authorities of bigh permit myself to assert that such is the facl-that consents to---what? To the appointment. When and respectable character arrayed on both so lawless and unconstitutional an object is contem that appointment is once made the duty and sides, but there can be no doubt that the weight
platcil by the President till his act shall compel mo
the power of the Senate stops there, it goes no of authority up to the present time is decidedly condemn the conduct of the President in removing further; it is functus officii. But the power in favor of the construction that I have as the former Secretary and appointing the present, I of the Executive con tinues; for after the comsumed, to wit, that the power of removal is
must say that in my opinion it is a case of the abuse
pletion of the appointment, after he has obsolely an executive power and is not shared by has the right of removal froin office. The power of iained this consent, atter he has commissioned the Senate.
removal, wherever it exists, does froin necessity in this officer, he is to do-what? To stop there? I do not propose to fatigue the Senate by
volve the power of general supervision; nor can I
No, sir. His power still lives, it still continues, discussing this question, which has been already reference to the deposits."
and he is to see that the laws are faithfully so frequently considered here in my absence
There, I take it, is a stateinent of the doc
executed throughout the term of that mali's that there would be no useful result in contin. trine as broad, as strong as words can well per:
otiice. It is a continuing responsibility, one uing it, but I would like to recall the names mit. I submit it to the consideration of the
that is shared by no other department of the of those distinguished men whose clear enuu. Senate as an offset against that other remark
Government with him. The limitations, there. ciation of the principle that I have spoken of of Mr. Calhoun which was read here two days
fore, upon the power of the Senate are plain; has given and ought to give strength and weight | ago for the purpose of enforcing the construc
the continuance of the power in the President to any decision at which they arrived. Among tion that the Senate shared equally with the
is equally plain. He has a power and a daly those men who in Congress voted to sustain President the power of removal, and that it
that continue and survive after their last official this construction of the Constitution we find could only be exercised by them conjointly.
power has come to a close. In other words, the names of Fisher Ames, Theodore Sedg.
The authority of Mr. Madison was telt to be
ihere is imposed upon the Executive a constant, wick, Benjamin Goodhue, and Caleb Strong, of Massachusetts; John Laurance and Egbert Senator from Wisconsin that it seemed to me so strongly against the proposition urged by the
continuing duty and responsibility of super
vision which begins with the date of the ottiBenson, of New York; Elias Boudinot, Wil. liam Paterson, and Jonathan Elmer, of New he most conveniently and slightingly disposed
cer's commission and never ends until his term of it. In speaking of the construction given by
of office has expired. Jersey; George Clymer, Thomas Fitzsimmons, Mr. Madison to the Constitution the Senator
The Constitution of the United States har. and Robert Morris, of Pennsylvania; John from Wisconsin said:
ing imposed upon the President the duty of a Vining, of Delaware; Charles Carroll, of Mary
“He attempted to show that the Constitution had
faithful supervision of the execution of the laws land; James Madison, of Virginia; Daniel granted such power, but ho based this power upon
of the country, I ask how can he, in common Huger, of South Carolina ; and Abraham Bald grounds which have long since been abandoned in sense and common reason, perform that duty so win, of Georgia. All of these men, in the First constitutional discussions upon other subjects."
enjoined upon him if he may not remove an Congress, many of whom were signers of that If that be so I have failed to find it. The insubordinate official, an unfaithful official ? Constitution, adopted the construction that I honorable Senator stated that the provisions As your law now stands, under the power have given. Now, let me add to this list the of the Constitution for the grant of legislative assumed by Congress, a dishonest officeholder, name of Chancellor Kent. In preparing his power to Congress, of executive power to the an incompetent one, may laugh in the face of commentaries upon American law undoubtedly | President, of judicial power to the courts, were the Executive and 'dety' bim to remove him. he had access to the best authorities known to all in the same language. I apprehend that that He may deride all attempts of proposed coer: him-and to no one were they better known is scarcely correct. If I understand the mean. cion. You have nullified and destroyed the and I should like to read to the Senate his ing of words, there is a great distinction between very power that was deposited in the President, statement of where this power resides, for it the grants of these three powers in the Consti. and which he was called upon by his oath to strikes me the question is an enormously im. tution of the United States. The first section say that he would see was faithfully carried out. portant one, and a man cannot exercise his of the first article is that " all legislative powers It seems to me that the workings under the powers of mind and heart upon a greater and herein granted shall be vested in a Congress present law, which we are considering, would more important subject. He says of the decis of the United States, which shall consist of a illustrate practically the evils of attempting to ion of Congress of 1789:
Senate and House of Representatives.” Then, associate the Senate in the exercise of a power “This amounted to a legislative construction of in the eighth section of the same article the in its nature so essentially executive. It has the Constitution, and it has ever since been acquiesced in and acted upon as of decisive authority in
enumeration of the powers therein granted is been here stated that the great army of officethe case. It applies equally to every officer of Gov
made. “The Congress shall have power to holders in this country number some fifty-three ernment appointed by the President and Senate perform certain eaumerated acts. When, how. thousand. By your law they are to be removed whose term of duration is not specially declared. It is supported by the weighty reason that the subor
ever, in the second article the Constitution only for certain specified cause, and as your dinate officers in the executive department ought to
comes to speak of the grant of executive power, act says, for naught else. Only when a man hold at the pleasure of the head of that department, how different the language that is used. Inbecause he is invested generally with the executive
is guilty of misconduct in office, or of crime', Authority, and every participation in that authority
stead of saying “ all executive powers herein or for any reason becomes incapable or legally by the Senate was an exception to a general princi- | granted,” it uses the phrase, "the executive disqualified to perform the duties of bis olice, plo, and ought to be taken strictly. The President is the great responsible officer for tho faitbful exe
power,'' the whole, all of it, unrestrained, un. in such case and in no other, the President cution of the law.and the power of removal was
limited, the entire executive power. The grant may suspend the officer until you pass upon incidental to that duty, and mightoften be requisite of judicial power to the courts is in the same
I put it to the common sense of to fulfill it."-1 Kent's Commentaries, page 310. phrase. It seems to me that there is a limitation
every gentleman in this body whether it is Arrayed against the construction that I have introduced into the grant to Congress which is possible, humanly possible, for even one per stated a few authorities have been produced, not to be found in the grants to the other two cent. of the removals of such a vast army of but among those that of the great name of the branches, either to the executive or the judi officeholders as that, to have their cases passed Carolipa statesman, John C. Calhoun, has ciary. The reason for that is very apparent. upon in it body like this? Fifty-three thou
sand officeholders to be reported on! It would | founders of this Government had smarted under make a criminal calendar for the consider the tyranny of one man. It was a monarchation of this body that would take more days | ical power which had rested hardly upon them, than the year contains. It would be an absurd. and in framing their institutions they kept an ity, an impossibility, to attempt to execute it, anxious eye always on the Executive ; and the and if executed at all there probably would be result has been that in our scheme of govern. nobody anywhere to be found so ill adapted ment it is not the Executive who is the source to consider the case as such a one as this. of danger to the liberties of the people, but it
But, sir, I adopt the language of Mr. Madi. is the legislative branch ; and this was seen at son to illustrate the necessity of contiding this a very early day in the workings of our present power to the Executive alone. In the first institutions. I beg leave to ask the attention Congress, in speaking on this subject, he said: of gentlemen to the forty-seventh number of " It is said that it comports with the nature of
the Federalist upon that subject. I think it things tbatthose wbo appoint should have the power refutes the ideas contained in the speech of of removal, but I ondnot conceive that this sentiment is warranted by the Constitution. I believe it would
the honorable Senator from Vermont most be found inconvenient in practice. It is one of the
thoroughly, and I am happy to be able to adopt most promiuent features of the Constitution a prin- | the language: ciple that pervades the whole system, that there should be the highest possible degree of responsi
"The founders of our republics have so much merit bility in all the executive officers thereof. Anything,
for the wisdoin which they have displayed that no therefore, which tends to lessen this responsibility is
task can be less pleasing than that of pointing out contrary to its spirit and intention, and unless it is
the errors into which they have fallen. A respect saddled upon us expressly by the lotter of that work
for truth, however, obliges us to remark that they I shall opposo the admission of it into any act of the
seem never for a moment to have turned their eyes
from the danger to liberty from the overgrown and Legislature. "If you say that officers shall not be displaced but
all-grasping prerogative of an hereditary magis
trate, supported and fortified by an hereditary branch by and with the advice and consent of the Senate, of the legislative authority. They seem never to the President is no longer answerable for the conduct have recollected the danger from legislative usurpaof the officer, all will depend upon the Senate. You tions, which, by assembling all power in the same here destroy a real responsibility without obtaining hands, must lead to the same tyranny as is threateven the sbadow, for no gentleman will pretend to say the responsibility of the Senate can be of such a
ened by executive usurpations.
"In a Government where numerous and extensiva nature as to afford substantial security. But why,
prerogatives are placed in the hands of an hereditary it inay be asked, was the Senate joined with the
monarch, the executive department is very justly rePresident in appointing to office if they have no re
garded as the source of danger, and watched with sponsibility? I answer, merely for the sake of ad
all the jealously which a zeal for liberty ought to vising, boing, supposed from their nature better
inspire. In a democracy, where a multitude of peoacquainted with the characters of the candidates
ple exercise in person the legislative functions, and than an individual; yet even here the President is
are continually exposed, by their incapacity for regheld to the responsibility; he nominates and with ular deliberation and concerted measures, to the their consent appoints; no person can be forced upon ambitious intrigues of their executive magistrates, him as an assistant by any other branch of the Gov
tyranny may well be apprehended, on some favorernment.
ablo emergency, to start up in the same quarter. "I shall only say, if there is a principle in our
But in a representative republic, where the executive Constitution, indeed in auy free constitution, more sacred than another it is that which separates the
magistracy is carefully limited, both in the extent
and the duration of its power, and where the legislegislative, executive, and judicial powers ; if thero
lative power is exercised by an asseinbly, which is is any point in which the separation of the legislative and executive powers ought to be maintained
inspired by a supposed influence over the people,
with an intrepid confidence in its own strength, which with greater caution it is that which relates to ofli
is sufficiontly numerous to fcel all the passions which cers and oflices. The powers relative to offices are
actuato a multitude, yet not so nuinerous as to be Partly legislative and partly executive. The Legis
incapable of pursuing the objects of its passions by ixture creates the office, defines the powers, limits its
means which reason prescribes, it is against tho daration, and annexes a compensation. This done
enterprising ambition of this department that the the legislative power ceases. They ought to have
people ought to indulge all their jealousy and exnothing to do with designating the man to fill the haust all their precautions. ofice. That I conceive to be of an executive nature.
"The legislative department derives a superiority Although it be qualified in the Constitution I would
in our governments from other circumstances. Ils not extend or strain that qualification beyond the limits precisely fixed for it. We ought always to
constitutional powers being at once more extensivo
and less susceptible of precise limits, it can with the consider the Constitution with an eyo to the principles upon which it was founded. In this point of
greater facility mask under complicated and indi
rect measures the encroachments wbich it makes on view we shall readily conclude that if the Legisla the coördinate departments. It is not unfrequently tare determines the powers, the honors, and emolu
a question of real nicety in legislative bodies whether ments of an office we should be insecure if they were
the operation of a particular moasure will or will to designate the officer algo. The pature of things
not extend beyond the legislative sphere. On the reetrains and confines the legislative and exccutive
other side, the executive power being restrained authorities in this respect; and hence it is that the
within a narrower compass and being more simploin Constitution stipulates the independence of each branch of the Government.
its natura, and the judiciary being described by land
marks still less uncertain, projects of usurpation by "Is there no danger that an officer, when he is appointed by the concurrence of the Senate and bis
either of these departinents would immediately
betray and defeat themselves. Nor is this all; astho friends in that body, may choose rather to risk his
legislative department alono has access to the pockets establishmout on the favor of that branch than rest it upon the discharge of his duties, to the satisfac
of the people, and has in some constitutions full dis
cretion, and in all a prevailing influence over the tion of the executive branch, which is constitutionally authorized to inspect and control his conduct:
pecuniary rewards of those who fill the other departand if it should bappen tbat the officers connect
inents, a dependence is thus created in the latter thepselses with the Senate, they may mutually sup
which gives still greater facility to encroachments of
the former." port each other, and for want of efficacy reduce the power of the President to a mere vapor; in which
is case bis responsibility would be annibilated and the
our expectation of it unjust. The high executive officers joined in cabal with the Senato would lay the found
governmental institutions than any other who ation of discord, and end in an assumption of the has ever lived in our country. He speaks executire power, only to be removed by a revolution again, on another occasion, of the “tendency in the Government."
of the legislative authority to absorb every Mr. President, the honorable Senator from other, as has been fully displayed and illusVermont made here a very eloquent appeal | trated by examples in a previous part of the and drew a very forcible picture of the dan work." gers of the accretions of executive power. He Mr. President, it is plain to me that it is stated that in the attrition between govern essential that this power of removal should be mental departments the Executive was that vested in the President in order to allow bim which would be always gaining and the others to properly perform the duties of his office. would lose. When I thought over the events It occurs to me to be most unreasonable to of the late Administration, when I reflected expect a faithful performance of executive uponthe perfectly powerless condition to which duties unless the power accompanies the rethe late President of the United States had sponsibility. The power of executing his duties been reduced by the action of Congress, I should be coextensive with the power of legisthought when it was said that gentlemen who lation. I cannot understand how gentlemen had been so prominent and so successful in can expect that a President is to see that the completely neutralizing anything like power, laws are faithfully executed unless he has the and binding the Executive almost hand and control of the agents by whom their execution foot before them, should profess to feel dan. | is to be carried on. To me the proposition ger from the accretions of Executive power, it seems plain ; and without any reference to the seemed to me only like a broad jest. But, sir, individual who now occupies the post of Pres. I do not think the proposition a just or true ident of the United States, I would say that in one, at least in our form of government. The my opinion a law of this kind is simply a law
to embarrass, not to aid him in the performance of the duties that he has taken bis oath to perform. For that reason, and because I know no higher or better reason to guide me in estimating any law than whether it is con. fined within the written limitations of the Constitutiou of the United States, if I fail to find that power there it is sufficient for me to know tbat the law is unwarranted and cannot obtain my assent.
The present law uwder consideration I believe to be in that category. I believe it is an assumption by Congress of a power not given to them, but on the contrary confined solely in its exercise to the executive department of this Government. I do not preach up my confidence in the present Executive, but I should rather strow it by my acts and my vote. I expect to sustain him in the perforınance of all his just powers, and I conceive that I car. do that in no way more effectually and more honestly and properly than by voting for the repeal of a law that was intended for nothing but as a slackle upon just executive powers and to take those powers into the hands of Congress, who had no right to use them. For that reason I trust that on this vote there will be an unconditional repeal of the law, and that such an illogical and such a transparent absurdity as voting to suspend the law will not be indulged in by the Senate.
Mr. DRAKE. Mr. President, I am entirely satisfied that it is a needless punishment of the flesh to prolong this session into the night; therefore I move that the Senate now proceed to the consideration of executive business. to the TRUMBULL. I hope not. We had better finish this before we go to any other business, and we had better do it to-night. I shall then be willing to adjourn over until Mon. day; but let us get a vote on this question now.
Mr. DRAKE. The motion is not debatable.
The VICE PRESIDENT. The Senator from Missouri insists upon the motion, and it is not debatable under the rules.
Mr. TRUMBULL. I ask for the yeas and nays.
The yeas and nays were ordered; and being taken, resulted-yeas 28, nays 25 ; as follows:
YEAS-Messrs. Abbott, Bayard, Boreman, Brownlow. Buckingham. Cameron, Casserly, Corbett, Davis, Drake, Fowler, Grimes, Morton, Norton, Patterson, Pomeros. Ramsey, Ross, Scott, Spencer, Stockton, Suinner, Thayer, Thurman, Tipton, Vickers, Warner, and Wilson-28.
NAYS-Messrs. Carpenter, Chandler, Cole. Conkling, Cragiu, Edmunds, Fenton, Fessenden, Gilbert, Ilamlin, Harris, IIoward, Howe, Kellogg, Nye, Osborn, Rice, Robertson, Sawyer, Schuiz, Stewart, Trumbull, Willey, Williams, and Yates--25.
ABSENT-Messrs. Anthony, Cattell, Ferry, Harlan, McCreery, McDonald, Morrill. Pool, Pratt, Saulsbury, Sherman, and Sprague-12.
EXECUTIVE SESSION. So the motion was agreed to; and the Senate proceeded to the consideration of executive business. After some time spent therein, the doors were reopened.
ate adjourns to-day it adjourn to meet on Monday next.
Mr. EDMUNDS. I move that the Senate do now adjourn.
The VICE PRESIDENT. The motion of the Senator from Vermont has precedence and must be first put.
The motion was agreed to; there being on a division--ayes 81, noes 18; and the Senate adjourned.
HOUSE OF REPRESENTATIVES.
Friday, March 19, 1869. The House met at twelve o'clock m. Pray. by the Chaplain, Rev. J. G. BUTLER.
The Journal of yesterday was read and approved.
AMENDMENT OF THE RULES. Mr. FERRY. I rise to make a privileged report. I am instructed by the Committee on the Rules to report the following resolution :
Resolved, That the second clause of Rule 29 is hereby amended to read as follows:
When the roll-call is completed the Speaker shall