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same unfettered power which belonged to all removal. We discovered them numerous and the law ever produced in the United States; and the Presidents down to Andrew Johnson, and flagrant in the administration of President I might add two other names equally famous in I do not think it at all out of place, in the Sen: Johnson ; and the safety of the country, the our history, equally profound in their knowlate or elsewhere, to say that we should main. interests of the Treasury, all the interests of edge of constitutional law, Thomas H. Benton tain the President of the United States; that the country demanded of us at that time the and John C. Calhoun. At the same time I we should give him a helping hand; that before enactment of such a law, and we proceeded to admit that in virtue of the authority given to doing anything to restrain him we should wait enact it after a long, vigorous, and obstinate Congress it is entirely conpetent for the two until he has committed some overt act, for cer struggle between the friends and the opponents

Houses who are vested with the whole of the tainly so far lie has done nothing to merit the of that measure.

law-making power of the United States to regu. reprobation of the Congress of the United As I said before, it is now the law of the late the mode and manner in which a removal States. This law does hamper him. This law land, as obligatory upon the President as upon may be affected, as the law may regulate the is a restraint upon him. There is no more any other individual; and to say to us now that tenure of office and annex to the office all its reasou why we should require from him the because we are not willing to repeal this im. incidents of every kind and description, for an causes why, he removes an unfaithful officer portant statute, because its mere suspension office exists only in virtue of law, and can exist than there bas been why we should inquire of is asked for temporarily, we are wanting in only while the law creating it is in existence. General Jackson or any other President in the confidence in the present Executive, is to me a Mr. YATES. Will the Senator allow me past history of the country why he removed an very harsh reflection. It is not acceptable to to ask him whether he referred to the latest oflicer.


can assure gentlemen.

opinions of the men he named ? But, sir, I do not propose to occupy time I too, sir, perhaps with the same attention Mr. HOWARD. I never heard of any varia. on this question. I supposed when I rose that which has marked the honorable Senator from tion in their opinions. The honorable Sen. the Senator from Maine had voted for the ten Illinois, [Mr. YATES,] have noticed the bril ator cannot be ignorant of the firm, massive ure of office act. It seems, however, that I liant career of General Grant. I trust I have character of Thomas H. Benton, a man whose was mistaken in that, and therefore what I in: not been entirely indifferent to his fair fame ; opinions very seldom varied, one of the firmest tended to say is not applicable to him. But and there is no page in the history of my own and must solid members that ever graced this those who voted for it did so for a special or any other land, ancient or modern, which | body. reason; they voted for it because Andrew John to my mind is more attractive, more brilliant I have only a word further to say. I deem son was President of the United States and for than the history of his military career. I it in a very high degree-and in this I certainly no other reason. The law was never thought trust in God, and I believe that if his own utter no self-adulation as a Senator-compli. of until he became President of the United judgment is his guide, his civil career will be mentary to the present Executive of the United Stales.

equally admirable, equally brilliant. So far States that the Senate should be willing even Mr. HOWARD. Oh, yes it was.

as depends on me, I can assure you, sir, I to suspend the tenure-of-office act for a given Mr. YATES. It may have been tbought of, can assure him, that there shall be nothing period of time. It shows a perfect confidence but it was never enacted; it was never passed wanting in the support which I will give to all on our part in him, that, within that period of until he became President of the United States. the measures which he may recommend, pro time, he will commit no act with which we shall He has gone home covered with glory or infamy vided they meet my own conviction and cor have just ground to find fault. If we suspend as history may decide ; the law has performed respond with my ideas of conscientious duty. this act until the next session of Congress it its office; and I contend for its unconditional Let me say here that veither the present Ex will be substantially a suspension of the whole and immediate repeal. I wish the President ecutive nor any other human being shall ever act for a year to come, for we all know very of the United States-the man sustained by such cause me to swerve a hair's breadth from that well that the act itself has nothing to do with a unanimous voice of the American people, line of legislative duty which I feel resting upon the period during which the Senate shall be in whose record is brilliant with glory, covered all me. I have not been taught and I will never session, but is applied solely and exclusively over with shining achievements for this coun learn the lesson, God helping me, to

to the period intervening between the adjourutry, loyal and true to the country and the flag, "Crook the pregnant hinges of the knee,

ment of the Senate and its next meeting, that susiained by the people, an honest and true Where thrift may follow fawniog."

is to say the recess of the Senate. man- wish him to have the same opportu. Sir, I have belonged to that school who Mr. CONKLING. More than a year to nity to administer this Government that other believe with Webster and Clay and other legal come. Presidents have had.

and political lights, surely as brilliant as any Mr. HOWARD. It will be more than a Mr. HOWARD, Mr. President, for myself we have in the firmament of modern times, year to come. Is not that sufficient, to give I must protest against the imputation so often that the power of removal from office under him this power for more than a year to come thrown out by the honorable Senator from In: the Constitution of the United States is a power to suspend an act which it cost this Senate diana (Mr. Morton] and by the honorable vested jointly in the Executive and in the Senate such a struggle to procure, one which was so Senator from Illinois (Mr. YATES] that those of the United States. I never could bring my necessary at the time, one which may be equally of us who do not favor the absolute repeal of mind to any other conclusion. As a question necessary hereafter? Is it fitting and proper to the tenure-of-office act, or its suspension even, of law it is to me very clear and scarcely debat say of an act like this that it exhibits a want show & want of confidence in the present able. Allow me in one word to illustrate that of confidence in General Grant? No, sir. If Executive of the United States. Sir, there idea, although not particularly pertinent to the I know anything of the character of General is no foundation for this. The imputation question now before the Senate. An appoint Grant he would hurl back such an imputation itself, I must be allowed to say without intend. ment to office under the Constitution, I speak the moment he heard it. He would say to us, ing any offense to those gentlemen or others, of an appointment, not the mere filling of “Senators, proceed and act according to your is entirely gratuitous. There stands the law, vacancies in the recess of the Senate the own best conscientious opinion, your own judg. enacted more than two years ago. It is to-day | appointment to office is the joint act of the ment upon this matter; and, as I have already the law of the land and has been such since President of the United States and of lbe Sen announced in my inaugural address, I will see Alarch, 1867, before which every citizen of the ate; an act performed in this way: the Presi: to it that the laws are executed whether they United States, including the present respected dent nominates, that is, names to the Senate a please me or displease me. That is the spirit Executive, is bound to bow in honest submis person whom he wishes to appoint to an office: of Grant, let me tell you. He would not stand sion to the voice of the people who enacted the Senate, if it sees fit, gives its advice and and biggle with the Senate of the United States it. Now it is proposed by some that we consent to this appointment of A B as the in: | about the absolute repeal of this tenure-of-office should repeal this act which we once thought cumbent to fill the particular office. It is a No, sir; he is not that kind of man, let so salutary, so necessary to the public service. joint act; both the ininds of the Senate as a

une tell you. I cannot vote for its repeal. The time is not legislative body and of the Executive as Pres. Mr. MORTON. I desire to ask yet quite long enough, we have not yet had ident of the United States must concur in the The VICE PRESIDENT. Does the Senator sufficient experience underits workings, to know appointment; that is, in conferring the office from Michigan yield the floor? whether it be necessary absolutely to repeal it. upon the contemplated incumbent.

Mr. HOWARD. I will not yield at this It was enacted for a great and good purpose. To illustrate it fainiliarly, the Constitution is moment; I am about concluding my remarks, 1.eline, speaking of course for myself individu a letter of attorney conferring upon the Presi. and then the Senator will have an opportunity ally, say to the honorable Senator from Illinois dent and Senate this joint power of putting A to be heard, if he will excuse me for refusing that with me the sole motive was not the re B into office. If this illustration be correct, to yield. Although I hold, as I have already straint of Andrew Johnson in his wild career, if it be the joiut act of the two bodies, the reinarked, that the power of removal pertains but my motive was to put upon the statute Executive and the Senate, then I ask any man to the President and Senate of the United book of the United States a salutary legal en how one of those two parties to whom the States, to be regulated by statute, still I am actment, the principle of which I still believe power is thus jointly given can revoke or annul willing under the circumstances to vote for the to be necessary for the public service, neces the act of the two parties in making the ap suspension of the act for a year; but let me sary as well to the people as to the Executive. pointment? To adinit such a doctrine is to say at the same time that I shall never give

It is very true that the misconduct of' Presi admit that in such a case one of the two joint up this principle. It is asking a great deal of dent Johnson presenied a very flagrant occa parties has power to undo the very thing to me, let me suggest, to vote for even the sussion for the exertion of the power of Congress perform which the consent and act of both pension of the statute. I wish, however, to to restrain him in removals from office. That parties were required.

be upon terms of harmony and conciliation conduct, I say, was the mere occasion ; and That has always been my view of the power with all my brother Senators in this body, but it is the occasion always which suggests the of removal; and in this I have the support of when I am asked to swallow the words I utenactment of a good law. We look at the such men as Webster and Clay and Kent, and tered two years ago, to swallow even the vote evils before we proceed in alluci a law for iLeir various othersofthe most brilltäni luminaries of which I gave upon that occasion, when there

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is apparently no necessity for such an act, it is asking entirely too much of me. I will vote for the suspension, but I will never vote for the repeal of this act. If modifications are desired, and I think they are very much needed in the original act, I shall be very happy to vote for them; but when I am asked to renounce the principle of the act for which we strug. gled so hard, and which I think was so necessary to the country, I meet the request by an emphatic no, let it affect whom it may.

Mr. EDMUNDS, Mr. President, it is a subject of some curiosity, I have no doubt, to the disinterested spectator of this scene, if there is any such, to see the influences that combine to strike off from the statute-book a law for which some of the wisest and some of the purest of the fathers struggled, and for the want of which executive patronage has more than once by its direct intervention controlled and coerced the will of the people. We find the Democratic party here in a solid body advocating this repeal, undoubtedly in the minds of some upon principle, possibly in the minds of others that they may put the Republican party, who passed this law against their votes, in the wrong, and hold them up to the country and to the world as a party who would resort to a mean and unconstitutional contrivance against an Executive whose measures they did not like, and who would hasten when they got rid of him to abandon them in favor of an Executive whom they did like. And we find that party aided by some of the most distinguished and patriotic members of our own, who are inspired to it not by any of the motives that control those to whom I have already referred, but by an excess (if they will permit me to say so) of zeal and confidence in favor of an Executive in whom we all have confidence and for whom we have all shown zeal, forgetting that the Constitution only permits him to exercise the functions of Presi. dent for four short years, and forgetting that the future only can tell what President and what party will then befall the country, who seem to act upon the principle that this Gov. ernment is personal, a government of men instead of a government of laws. And so, corbining with diverse and opposite motives, they make the great array and body of the opposition to this law. Now, sir, it is worth while for the representatives of the States of this Union, to whom the Constitution has confided not only legislative but administrative powers as being the advisers of the President of the United States, not of one man for one year or for four years, but of the officer forever, to con: sider a little what step it is that they propose to take.

History is not silent on this question; it is the old contest of the powers of Government; it is the contest of the one-man power against the power of the people represented by their own agents as a check upon the supreme Ex: ecutive. This question was mooted in the first Senate of the First Congress, where the friends of executive power, who had quarreled with the Constitution as it was adopted because, as they said, it did not give them a Government strong enough, because the Executive was not near enough to a king, triumphed after a fash. ion; and with them arose the same stress, the same motives which pervade forever in human nature that we see here now.

You know, sir, we all know, that the debates in that Senate were secret. It sat during its first sessions with closed doors. There was no reporter to tell the people what arguments, what influences were brought to bear; but the notes of that discussion taken by one of the Senators on the spot have been handed down tv 09. The Senate then was a small body, consisting of only twenty Senators. You will perceive that within those secret considerations and debates it was easy for men to know the motives and to see the appliances, if I may use such a term, that were brought to bear to influence men's actions. Mr. Maclay, then one of the Senators from Pennsylvania, wrote out in manuscript form the notes of the debate and the occurrences which took place on the bill

for the formation of the Department of Foreign most perfect state of indifference, and

rather disposed Affairs, and his record is well worthy of the to give the power in question to the President. But

the arguments of the honorable gentleman from Con. attentive consideration and reflection of any

nectivut had, in endeavoring to support the clause. Senator on this floor who desires to be what convinced hiin in the clearest manner that the clause the Constitution has made him and what his was highly improper, and he would vote against it.

"Izard now got up for the clause, and a most conState expects of him, a representative of the

fused speech ho made, indeed, I have notes of it, rights of the States and a part of the admin but I think it really not worth answering unless to istration of the Government. I cannot do bet. show the folly of some things which he said.

Doctor JOHNSON rose and told us twice, before he ter than as a portion of my remarks on this

proceeded far, that he would not give an opinion on subject to read somewhat copiously extracts the power of the President, This man's conscience from this manuscript of Mr. Maclay, which

will not let him be a thorough-paced courtier, yet ho have been furnished to me, I may say, by the

wishes not to lose his interest with the President.

However, his whole argument ran against the clause, late Senator from Pennsylvania, Mr. Bucka: and at last he declared he was against the whole

of it. lew, in whose possession the original manu

“Mr. Les rose. Hespoke long and pointedly against script, which has never been published, is. Mr.

the clause. He repeated many of my arguments, but Maclay first gives the substance of his own ob- always was polite enough to acknoivledge the menservations in the speech which he delivered on

tion I had inade of them. He spoke from a paper

which be held in his hand, Ho continued until it the subject as opening the debate, and then

was past three o'clock, and an adjournment was follows it with what took place afterward. I called and took place. In looking over my notes I will not read the whole of his speech; but

find I omitted to set down sundry arguments which

I used. But no matter; I will not do it now. speaking of the officeholder as an agent of the

"July 15, Senate met. McCARROLL showed impalaw as he is in all the States as well as in the tience to be up first. He got up and spoke a considnation rather than as an agent of the Execu.

erable length of time. The burden of his discourse

seemed to be want of power in the President and a tive, he said:

desire of increasing it; great complaint of what he "Of what service can his abilities be to the com called the atrocious assumption of power in the munity if afraid of the nod or beck of a superior ? States; many allusions to the power of the British He must consult his will in every matter. Abject kings--the king can do po wrong-if anything imservility is most apt to mark the line of his conduct;

proper is done it should be the ministers that should this on the one hand will not fail to be productive

answer. How strangely this man is changed ! of despotism, and tyranny on the other. For I con

* The collection bill was called for and read for the sider mankind as composed nearly of the same ma

first time. [The Senate Journal states that the Senterials in America as in Asia-in the United States ate resumed the consideration of the bill for estaba as in the East Indies. The Constitution certaiply

Jishing an executive department to be denominated never contemplated any other mode of removing

the department of foreign affairs. The journal of from office. The case is not omitted here: inost

Mr. Maciny proceeds:] ample provision is made. If gentlemen do not like

“Now ELLSWORTA rose with a most lengthy debate. it let them obtain an alteration in the Constitution.

The first words that he said were: 'In this case the But this cannot be done by law. If the virtues of the

Constitution is our only rule, for woare sworn to suppresent Chief Magistrate” [General Washington

port it,' but never quoted it nor ever named it afterare brought forward as a reason for vesting him

ward, except as follows: he said, by allusion, I buy with extraordinary powers no nation ever trod more

a square acre of land-I buy the trees, waters, and dangerous ground. His virtues will dopart with him,

everything belonging to it. The executive power but the powers which you give him will remain, and belongs to the President-the removing of officers is if not properly guarded will be abused by future

atree in this acre; the power of removing is therefore Presidents if they are men.'

his; it is in hira, it is nowhere else.'

“Thus we are under the necessity of ascortaining Mr. President, how true is that? The virtues by implication where the power is. He called Dr. of George Washington did depart with him ;

Johnson . Thomas Aquipas by implication, too, and

said things rather uncivil of some other of bis oppohe was succeeded in after years by other men nents. Most carefully did he avoid entering on the who made executive patronage the source of subject of impeachment. After some time, however, perpetuating their own power and that of their he got fairly on new ground; laiented the want of

power in the President; askod, Did we ever quarrel own dependents, and he was succeeded at last

with the power of the Crown of Great Britain? No. We by Andrew Johnson, who performed the very contended with the power of the Parliament. No things that the wise men of those old days

one ever thought the power of the Crown too great;'

and said, 'he was growing infirm, should die, and foresaw would be performed by a President in should not see it, but the Government would fail for order to establish himself against the will of want of power in the President. He would bave the people.

power as far as he could be seen in his coach and six.

We must extend the executive arın. (Mr. Lee yes"This, however, is not the whole objection I have terday bad said something about the Dutch.) If we to the clause."

must bave examples,' said he, let us draw them from He then proceeds to speak of the detailed the nation who have made all others bow before

the people whom wo used always to imitata, from objection to a Chief Clerk exercising the duties them, and not from the Dutch, who are divided and

factious.' He said a vast deal more, but the above of Secretary, and then says:

was all I minuted down at the time. “Sir, I consider the change as exceptionable every Mr. IZARD rose and answered. way, and I therefore move to strike it out."

" Mr. Butler rose and spoke.

It was after three. Mr. LEE rose and said, 'hehad That was the proposition, that when the much to say, but would now only move an adjournSecretary should be removed by the President ment. As it was late, the House accordingly adof the United States, the chief clerk should


I have seen more cabaling and meeting of the bave charge and power in the office. The members in knots this day than ever I observed narrative proceeds:

before. As I came up-stairs Ellsworth, Ames, and

Mr. Morris stood in a knot up-stairs. Soon after "LANGDON jumped up in haste, hoped the whole Eilsworth, Carroll, and Strong got together. As would not be struck out; but moved that the clause 8oon as the House adjourned Carroll took Paterson only of the President's removing should be struck aside, and there seemed a general hunt and bustle out.

among the members.
"Up rose Mr. EllSWORTHI, and a most elaborate
speech, indeed, did he make; but it was all drawn

"Isco plainly public speaking on this subject is from writers on the distributio

now useless, and we may put tho question when wo

of government. The President was the executive officer; he was interfered

please. It seems as if a court party was forming.

Indeed, I believe it was formed long ago. with in the appointment, it is true, but not in the

* July 16. Attended pretty early this morning; removal; the Constitution had taken one, but not the other from him; therefore removal remained to

many were, however, there before me. It was ali him entire. He caretuily avoided the subject of

buddling away in small parties. Our President, John

Adams, was very busy indeed, running to every one. impeachment. He absolutely used the following expressions with regard to the President: 'It is sac

He openly attacked Mr. Lee before me on the sub

ject in debate, and they were loud on the business. rilege to touch a bair of his head; and we may as

began to suspect that the court party had prewell lay the President's head on a biock and strike

vailed. Senate however met, and at it they wont. it off at one blow.'

"Mr. LEE began, but I really believe the altercaThe same argument, although not in the

tion, though not a violent one, which be had with

the President had hurt him, for he was languid and same words, was advanced by the honorable

much shorter than ever I had heard him on almost Senator from Indiana to-day:

any subject. "The way he came to use these words was after

"Mr. PATERSON got up. For a long time you could having asserted that removing from office was bis

not know what he would be at. After, however, he privilege we might as well do this as deprive him of

had warmed himself up with his own discourse, a a it. He had sole cyes and a green silk over them.

the Indians do with their war song, he said he was On pronouncing the last of the two sentences he

for the clause continuing. He had no sooner said paused, put his handkerchief to bis face, and either

so than he assumed a bolder tone of voice, flew over shed tears or appeared to do so."

to England,

extolled its government; wished in tho

most unequivocal language that our President had There was the argument of executive infla. the same powers; said let us take a second view of ence for you!

England, repeating nearly the same thing. Let us

take a third view of it, said he, and he then abused “When he sat down both Butler and Izırd sprang the Parliament for having made themselves first up. Butler, however, continued up. He began with triennial and lastly septennial. Speaking of the a declaration wat he came into the House in the Constitution be said expressly these words, speaking


of the removing of officers: There is not a word of rem ivability in it.' His argument was that the Executive held this as a matter of course.

* Mr. WYNGATE got up and said something for striking out.

"Mr. REED rose and was swinging on his legs for an hour. lle had to talk a great deal before he could bring himself to declare against the motion.

“But now a most curious scene opened. Dalton rose and said a number of things in the most besituting and embarrassed manner. It was his recantalion--had just now altered his mind. From what bad been said by the honorable gentleman from Jersey, he was now for the clause.

Mr. IZARD was so provoked that he jumped up, doc ared that nothing bad fell from that gentleman that possibly could convince any man; that men might pretend so, but the thing was impossible.

* Mr. MORRIS's face had reddened for some time. He rose hastily. He threw censure on Mr. Izard; declared that the recanting man behaved like a man of honor: that Mr. Paterson's arguments were good and suflicient to convince any man.

"The truth, however, was that everybody believed that John Adams was the great convertor. But now recantation was in fashion. Mr. Bassett recanted too, though he said he had prepared himself on the other side. We now saw how it would go, and I could not help admiring the frugality of the court party in proeuring recantations or votes, which you please.

"After all the arguments were ended and the question taken, the Senate was 10 to 10, and the President with great joy cried out it is not a vote,' without giving himself time to declare the division of the House, and give his vote in order.

* Every man of our side in giving their sentiments spoke with great freedom, and seemed willing to nvow their own opinion in the openest inanner. Not a man of the others who made any speech to the merits of the matter but went about it and about it. I called this singing the war song, and told Mr. Morris I would give hiin every one who I heard sing the war song, or in other words those who could not nvow tbe vote they were fully minded to give until they bad raised spirits enough by their own talk to enable them to do it.

*Grayson mado a speech. It was not long, but he had in it tbis remarkable sentence: The matter predicted by Mr. Henry is now coming to pass, consolidation is the object of the new Government, and the first attempt will be to destroy the Senate, as they are the representatives of the State Legislatures.'

“ It has long been a maxim with me that no frame of government whatever would secure liberty or equal administration of justice to a people unless virtuous citizens were the legislators and governors. I live not a day without finding new reason to subscribe to this doctrine. What avowed and repeated attempts have I seen to place the President above the powers stipulated for him by the Constitution.

"For striking out:

"Butler, Izard, Langdon, Johnson, Wyngate, Few. Gupa. Grayson, Lee, Maclay-10. "Against striking out:

Reed, Bassett. Ellsworth, Strong, Dalton, Paterson, Elmer, Morris, Henry, Carroll, the President, John Adams--11."

Mr. Maclay adds at the end of this account: "I replied to a number of the arguments, and the substance of them is on the adjoining loose sheet.

It is not material that I should read that. Thus you have here an authentic account, colored it may be by the fact that it was written by a gentleman who was on the opposing side of the question, of the method by which this power now claimed to exist in the President was oblained; and I submit to Senators seriously, not for this President, not for this Vice President, not for to-day or to·morrow or this age, but for that great age which is to come after us, when we have a hundred States and a bundred million people, whether it is not worthy of some consideration whether this body should lay aside from its powers which we all now, ex. cepting the Democrats, confess either belong to it by the Constitution or may and ought to be properly. conferred upon it by law.

Is there no danger that we shall not bave another Andrew Johnson? Let me ask my friend from Illinois, is the race of bad Presidents and Vice Presidents exhausted? Has the millenium really come, that the people have been able through the mistakes and folly and wickedness of their adversaries to select two eminent and pure men now? I do not think it has. There will be a country after General Grant and after our honored Vice President. There will be the contentions of faction ; there will be the power of executive patronage to coerce and control the people in the selection of their agents; the army of postmasters and assessors and collectors will attend the primary meetings as they have done before; and is there not some danger that at last in a contested, narrowly.disputed election the Executive, with this army at his back, will not give

over the reins of Government when a majority moment to have a good man in or not. But have decided against him?

friend asks the question, why suspend it? Mr. YATES. I wish to ask the Senator from Well, sir, there is considerable force in that Vermont why is there a necessity for having a | inquiry. I will tell my friend as a practical different law on General Grant from that we question why, for one, I am ready to suspend had for preceding Presidents except Andrew it

. Because it appears to us now at this moJohnson; and whether the authorities which ment, owing to the peculiar circumstances that the honorable Senator from Vermont read have have attended the last Administration, that it not been familiar to all the statesmen of the is desirable that there should be an immediate past since the days of General Washington ? || and general removal of the officeholders of the Have not these same points been argued ? country as a rule; and as an agency for that Has not the Supreme Court put its construc removal, subject to our approval when we meet tion upon the Constitution of the United States? | again in the confirmation of their successors, If the fathers intended that there should be these bad men being put out, we are willing to this restriction on any President why did they trust this Executive with that discretion. not say so in the Constitution or in some of the Mr. YATES. I will ask the Senator, with earliest laws which were passed by the Con. his permission, a question. gress of the United States

The VICE PRESIDENT. Does the SenMr. EDMUNDS. On that point I might ator from Vermont yield to the Senator from appeal to this distinguished authority, which I Illinois ? think was the end of the law as it was the end Mr. EDMUNDS. Certainly; I yield to every. of impeachment, as pronounced by my honor body. able friend from Illinois; the Constitution did MIT. YATES. I ask the Senator, as a ques. not confer any such power on the President. tion of fact, if it was ever contended by him My friend from Illinois acting as a judge under that such a law was vecessary before the admin. the sanction of an oath, setting aside all his istration of President Johnson, or whether he prejudices and partialities, if he had any, de ever thought of introducing such a bill prior to termined as a judge, and with the voice of a that time? I believe the honorable Senator lawyer, that the Constitution never conferred was the chairman of the committee who reany such power upon the President, and it never | ported this bill in the first instance. Au I did. I agree with him that no law is necessary correct in that? for General Grant's administration that was not Mr. EDMUNDS. Yes, sir. necessary for preceding Adininistrations ; but Mr. YATES. I ask the Senator now whether it was thought necessary in preceding Admin in fact, to tell the literal, plain truth in this istrations and in the formation of constitutions whole matter before the Senate and the world, to impose restrictions upon executive power, the bill was not specially made to meet the whether that Executive were to be a Washing. case of Andrew Johnson ton, an Adams, a Jackson, or a Johnson. Mr. EDMUNDS. Well, Mr. President, I Would my friend from Illinois on this very am very bappy to be able for my own satisfacpoint propose to repeal that part of the Consti tion to answer those inquiries. I will confess, tution if he had the power which required in the first place, that I never did introduce a General Grant to swear to support it? And bill to provide a law of this kind until the adyet my friend from Illinois and I both know ministration of Andrew Johnson. that the fact that he did or did not take that Mr. YATES, Was vot that the occasion oath would not make a particle of difference of it? with the purity of his Administration. But Mr. EDMUNDS. It had not occurred to nobody proposes to dispense with the oath to the people of Vermont that my services were General Grant; nobody would have proposed necessary in the councils of the nation until it if we had the power. My friend forgets-- || after that Administration bad commenced. because he cannot be ignorant of it--that a [Laughier.] I had not, therefore, the opporfree Government is to be maintained by having tunity to do my country that service. laws that are standing, and that while they are Now, as to the occasion of this law, undoubtnot needed for good men are always ready for edly the bad administration of Andrew Johnbad ones. That is the theory of government; and son was the immediate occasion of it. Let me that Government never will last, and no Gov. | ask the honorable Senator what was the oceaernment ever has lasted, that depended upon its sion of Magna Charta in Great Britain? Was policy in its legislation; or whether you had a it not the evil conduct of King John? good man to-day or a bad one to-morrow, Mr. YATES. Certainly. because if it does your legislators become the Mr. EDMUNDS. And therefore he would mere creatures and servile instruments of ex say, upon that argument, as soon as the Lord ecutive power, and if one faction repeals good or somebody else had taken King John away, laws for the benefit of a good Executive the || - repeal Magna Charta.” Why, sir, all reform next party and the next faction who come in in government springs out of the evil of some will repeal good laws for a bad Executive in governor or prince. The people never make order to give him power. The only safety of a step forward, and they never will so long as a free people is in the fact that its Government,

the earth is constituted as it is now, except as I said before, is a Government not of men through the blood and toil and trouble of bad but a Government of law that is constant and government.

That is the furnace through fixed, that controls the good as well as the bad. which they must go in their progress to prosHas my friend any answer to make to that || perity and happiness. Almost every law, my proposition? Certainly not.

honorable friend knows, is immediately occa. So much for that. 'My friend from Iowa sioned by some evil that calls to the attention [Mr. GRIMES) suggests to my friend from Illi. of the law-making power the necessity of supnois (Mr. YATES) to ask me why we suspend plying by sta ute a remedy for an abuse or it for six months. I will answer that I will a guard against misconduct. So much for say, in the first place, to my friend from Iowa that. that my advice was not so much to him, because But I have not done with the history of these we have known that he bas been an original, affairs. The American people did not, as has a stout-hearted, and a consistent opponent of been said by the honorable Senator from Indithis law all the time; that he did not believe in ana, sleep in quiet and satisfied repose under it originally. His studies in the common law this action of ten Senators and John Adams, and the beauty of English history have been the Vice President of the United States, as so fervent that his eyes have become a little settling a constitutional construction or as obscured to the liberties of a real democracy, || settling the rightful exercise of legislative and hence he has stood up here against our power. Why, sir, the Senator from Illinois wishes and against our appeals frankly and knows, recurring to that for a moment, and openly and stoutly in favor of upholding and the Senator from Indiana knows that so inuch extending executive power without regard to criticisin and censure were bestowed upon John the question (because he understands govern Adams on the subject of that casting vote of meni too well to place it upon such a narrow his that he felt called upon in a letter to a ground as that) whether we happened at the friend to repel what was in the mouths of the

whole people, the insinuation or the flat || permit me I will state that there were only
charge that he had been actuated in giving that about thirty removals during Mr. Jefferson's
vote by the ambition that he had to attain to, || administration.
and the expectation that he had of arriving at, Mr. EDMUNDS. I am glad to know that;
the office of Chief Magistrate of the nation. and I felicitate myself, as I think other Sen-
He was charged with it, and in a letter to a ators may, on the fact that we have among us
friend he tamely excused himself and said that one gentleman whose connection with the his-
that was not the motive that he really had ; tory of the Government, beginning at the be-
that he expected to be President because he | ginning, is able to inform us on points of his-
said he did not expect to be. That is the tory from the first down. [Laughter.]
modest way that all citizens, I suppose, have Mr. DAVIS. If the honorable Senator will
who are looking forward to high office, of say permit me I think he had better make himself
ing that they do not expect it; that it comes a little better acquainted with the history of
unsolicited and unexpected. So said John the Government before he enters into such a

detail of facts. [Laughter.]
But, sir, the acquiescence in this system of Mr. EDMUNDS. It is quite unnecessary
legislation, if you can call it such, only con from the fact that we must take judicial notice
tinued so long as the conduct of good Execu- of it as we have the history here in the person
tives made the law, in substance, a dead let of my friend from Kentucky. [Laughter.]
ter; because, until the times of John Quincy Mr. DAVIS. I will give you a little more
Adamsin 1825 and 1826, there were no attempts of it after a while.
on the part of the Executive to make removals Mr. EDMUNDS. I think we may take notice
during the recess of the Senate. George Wash of that also.
ingtoc, and Adams and Monroe and Madison, Mr. DRAKE. Mr. President-
his successors, never undertook to face the The VICE PRESIDENT. For what pur.
Senate at the end of a recess with a great nam. pose does the Senator from Missouri rise ?
ber of removals in the mere discretion and will Mr. EDMUNDS. I yield with pleasure; I
of the Executive, supplied by others in their am not in the least disturbed.
places. It was only when the administration Mr. DRAKE. It is very evident to me that
of the later Adams came in, and when removals this debate will not close to-day, and if the
began to be made as the repayment of party honorable Senator from Vermont will yield for
services, that this question again, as all such a motion to go into executive session I will
questions always will, came to be considered make that motion.
by the representatives of the States and the The VICE PRESIDENT. There is one
people. And what happened then, sir ? Let executive message from the President on the
Here is the record:


May 4, 1826. motion.
Mr. BENTOx, from the select committee to wbich
was referred the proposition to inquire into the expe-

EXECUTIVE SESSION. diency of reducing the patronage of the executive Mr. DRAKE. I make that motion. government of the United States, made the following report.

The motion was agreed to ; and after some I may say that this committee, although I

time spent in the consideration of executive bave not the names of it in my hand at the

business the doors were reopened, and the moment, was composed of seven of the most

Senate adjourned. eminent, illustrious, patriotic, and conservative members of this body-men whose purity could HOUSE OF REPRESENTATIVES. not be assailed by any Senator present, men

TUESDAY, March 16, 1869. whose patriotism cannot be impugned by say. ing that they were opponents of the Adminis.

The House met at twelve o'clock m. Prayer tration, men who were actuated by as lofty | by the Chaplain, Rev. J. G. BUTLER. motives (and no higher praise can be given to

The Journal of yesterday was partly read, them) as those which actuate my distinguished

when, on motion of Mr. BEAMAN, the further friend from Illinois and my friend from Indiana.

reading was dispensed with. They investigated this subject, and they re IMPRISONMENT OF AMERICANS IN PARAGUAY. ported six different bills for the action of the

Mr. CULLOM (having obtained unanimous Senate, intended to curb and restrain the great

consent to present a memorial) said : I pregrowth of executive power. Among these was

sent the memorial of Porter C. Bliss and a bill to prevent military and naval officers from

George Frederick Masterman, in relation to being dismissed the service at the pleasure of

their imprisonment in Paraguay by the presithe President.

dent of that republic, and subsequently on the Mr. DAVIS. If the honorable Senator will

United States gunboat Wasp and the flagship allow me, I will ask him a question.

Guerriere, of the South Atlantic squadron, by Jr. EDMUNDS. Certainly.

United States officers. This memorial conMr. DAVIS. He stated a few minutes ago

tains statements of very grave importance, and that this power to remove from office had not

desire to submit a resolution for the appointbeen abused until the administration of John

ment of a select committee to which the subQuincy Adams. I ask the honorable Senator

ject shall be referred for investigation. how many removals were made by John Quincy

Mr. WOOD. I move to refer the memorial Adams during his administration ?

to the Committee on Foreign Affairs. Mr. EDMUNDS. I do not know. I will

The SPEAKER. The gentleman from Illisay for safety that it was probably between one

nois (Mr. CULLOM) is on the floor at present. and ten thousand.

The resolution which he desires to submit will Mr. DAVIS. I will tell the honorable Sen.

be read, after which there will be an oppor: ator how many there were, as I had it from

tunity for objection to its introduction. the man himself. He removed two, and for

The Clerk read as follows: cause.

Resolved, That a select committee, consisting of Mr. EDMUNDS. I did not say that John five members, be appointed by the Speaker, to whom Quincy Adams did abuse that power. I said shall be referred the memorial of Porter C. Bliss and that until his administration there had been

George F. Masterman, lately prisoners in the hands

of President Lopez and afterward prisoners on board no complaint or apprehension on the part of the United States gunboat Wasp and flagship Guerthe Representatives of the States and the peo riere; and that said committee be instructed to ple of the conduct of the Executive.

inquire into all the circumstances attending said

imprisonment, and into the conduct of the late AmerMr. GRIMES. There had been in Jeffer

ican minister in Paraguay and of the officers comson's time.

manding the South Atlantic squadron since the Mr. EDMUNDS. My friend from Iowa, on

breaking out of the Paraguayan war; and that said

committee be authorized to send for persons and the other side, suggests that there had been papers, to administer oaths, and to report at any complaint in Jefferson's time; but as we were time. all such good Democrats then I did not wish The SPEAKER. Is there objection to the to allude to that.

introduction of this resolution ? Mr, DAVIS. If the honorable Senator will There was no objection.

41st Cong. Ist SESS.--No. 7.

Mr. CULLOM. I call for the previous ques. tion upon the adoption of the resolution.

Mr. WOOD. What has become of my mo. tion to refer ?

The SPEAKER. If the previous question should not be seconded that motion will be in order.

Mr. WASHBURN, of Wisconsin. I hope the previous question will be seconded and the resolution adopted.

On seconding the previous question there were-ayes 60, noes 57.

Mr. WOOD. I call for tellers.
Tellers were ordered ; and Mr. Wood and
Mr. Cullom were appointed.

Mr. JUDD. I desire to propound an interrogatory to the Chair. If the previous question should be sustained would a motion to refer to the Committee on Foreign Affairs be in order?

The SPEAKER. It would not be. If the previous question should not be seconded a motion to refer will be in order.

Mr. WOOD. I desire to inquire of the Chair how this resolution can be entertained without unanimous consent?

The SPEAKER. The Chair, after the reso. lution had been read, asked whether there was objection to its introduction, and no gentleman objected. The gentleman' from New York [Mr. Wood] rose and indicated his intention to move the reference of the resolution to the Committee on Foreign Affairs, and the Chair stated that the motion would be in order if the previous question should not be seconded.

The House divided; and the tellers reported-ayes 48, noes 64.

So the previous question was not seconded.

Mr. JUDD. I move that the memorial and resolution be referred to the Committee on Foreign Affairs, and that the memorial be printed.

The SPEAKER. That is the motion which was indicated by the gentleman from New York, [Mr. Woon.]

The motion was agreed to.

Mr. ELDRIDGE moved to reconsider the vote just taken; and also moved that the mo. tion to reconsider be laid on the table.

The latter motion was agreed to.

us see.


Mr. BUFFINTON, by unanimous consent, introduced a bill (H. R. No. 130) to extend the laws relating to the registry of vessels; which was read a first and second time, and referred to the Committee on Commerce.


A message in writing, from the President of the United States, was communicated to the House by General Horace PORTER, his Private Secretary

MESSAGE FROM TUE SENATE, A message from the Senate, by Mr. McDon. ALD, its Chief Clerk, announced that the Senate had passed a joint resolution of the following title, in which the concurrence of the House was requested:

Joint resolution (S. R. No. 14) amendatory of a joint resolution respecting the provisional governments of Virginia and Texas, passed at the third session of the Fortieth Congress.

ELECTION CONTEST-LOUISIANA. Mr. PAINE presented papers relating to the contested election from the fifth congressional district of Louisiana; which were referred to the Committee of Elections. Mr. HOLMAN. I call for the regular order.

NICKEL-COPPER COINAGE. The SPEAKER. The regular order is the consideration of the unfinished business pend. ing at the adjournment yesterday, being the bill (H. R. No. 2) for the coinage of nickelcopper pieces of five cents and under, on which the gentleman from Pennsylvania [Mr. KelLEY] had demanded the previous question.

The previous question was seconded and the main question ordered, which was upon ordering the bill to be engrossed and read a third time.

The speakeke The gentleman from Penn- . Pare nickel is only obtained by electro-chemical

Mr. ELDRIDGE. I call for the reading of sachusetts and myself are, I think, aiming at it seems to me that my friend from Pennsylthe bill.

the same object, though we differ in our meth vania (Mr. KELLEY] has not understood its The SPEAKER. The bill will be read. ods. Now, I propose to him, that, as we are tenor as read this morning. As I understand

Mr. BUTLER, of Massachusetts. I move entering upon a new Congress, there shall be it it does not provide for the purchase of pure the reconsideration of the vote last taken, in a general law regulating the purchases for the nickel. It enables the Director of the Mint to order that a vote may be had on the amend. Mint. This bill leaves the purchase of mate buy nickel that is alloyed, but he is to pay ac: ment which I proposed yesterday, and on rial for this particular coin to the Director of cording to tests for the amount of pure nickel which the gentleman from Pennsylvania [Mr. the Mint under the existing law. I would that is in that alloy. KELLEY] promised, as I understood, to permit | unite with the gentleman or with the commit. Mr. BUTLER, of Massachusetts. That is so. a vote. tee which I represent in preparing a general

Mr. JUDD. So I understand the amend. The SPEAKER. The gentleman from Wis bill. The subject we are dealing with is com ment. The objection raised last evening, and consin [Mr. EldriDGE] has called for the read. || paratively a new one. Nickel coinage is a which had force in my mind, is removed en. ing of the bill, and that cannot now be inter- | comparatively new one. Some of the nations tirely by the modification of the amendment rupted.

of Europe have adopted it. It was not be as offered this morning, and it does not dictate The bill was read. lieved when the present coinage was suggested

what shall be the alloy or whether the metal Mr. BUTLER, of Massachusetts. I move that it was practicable to work more than that is purchased shall be pure or alloyed, but to reconsider the vote by which the main ques

twenty-five per cent. into coin. Subsequent only fixes the price of the test value of it, and tion was ordered, unless the gentleman from experiments have shown that thirty-three per this large business that is to be carried on by Pennsylvania, who has charge of this bill, cent. can be worked advantageously,

the Mint is to be let by contract. It does seem will allow a vote to be taken on the amendment Now, on the question of pure nickel, through to me that, involving so large an amount of which I desire to offer.

the kindness of the gentleman from Massa expenditure as this does, we should apply to Mr. KELLEY. Mr. Speaker

chusetts (Mr. TWICHELL] I was introduced, it that rule which we apply to every other subThe SPEAKER. The motion is not de after the House adjourned yesterday, to a

ject, and that is that the contract shall be batable.

gentleman who gave me the facts of the case awarded to the lowest and best bidder for the Mr. KELLEY. I rise to a point of order. sustaining the views I had presented. I asked material. I desire to know whether I had not the floor, him to make a memorandum, and he did so, Mr. BUTLER, of Massachusetts, resumed the and to say that if so I did not yield to the gen. and I have it here in his own handwriting.

floor, tleman to make the motion he has made.

Mr. McCORMICK, of Missouri. Will the

gentleman yield to me for a moment? sylvania had exhausted his right to the floor process of deposit by one firm in England and by a Mr. BUTLER, of Massachusetts. I will

Mr. Remington, of Boston. It is in the form of when the previous question was seconded and

yield to the gentleman. minute black grains and fusible at a temperature the main question ordered on the third reading

Mr. McCORMICK, of Missouri. I propose nearly equal to that necessary to fuse platinum, and of the bill. The Chair is bound to recognize is redeposited by electro-process as a plating which to offer a substitute for the amendment.

has the hardness and brilliancy of steel." any gentleman who moves to reconsider the

Mr. BUTLER, of Massachusetts. I cannot vote by which the main question was ordered.

A metal of that kind could not be impressed yield for that purpose. That is the motion now pending.

in dies. It has to be alloyed and brought to Mr. McCORMICK, of Missouri. Will the The question being put, there were--ayes 59,

sufficient tensile strength and malleability to gentleman hear it read? noes 36 ; no quorum voting.

make it impressible by a die. I want every Mr. BUTLER, of Massachusetts. No; I Tellers were ordered; and Messrs. BUTLER,

guard thrown around the matter I can, but I do not care to hear it. of Massachusetts, and KELLEY were appointed.

do not wish in treating with this delicate sub Mr. JENCKES. Will the gentleman yield The House divided; and the tellers report

ject to make a law which while in its terms it to me for a question ? ed-ayes seventy-eight, noes not counted. may seem proper may embarrass and impair Mr. BUTLER, of Massachusetts. Certainly. So the motion to reconsider the vote by which

the whole matter. Before the next session of Mr. JENCKES. Does the amendment of the main question was ordered was agreed to.

Congress the Committee on Coinage can pre the gentleman meet this case? Here are two Mr. BUTLER, of Massachusetts. I now

pare a bill regulating all these matters, and persons offering nickel, which must of noces. move to amend the second section by adding | information which will enable gentlemen to

can obtain from the Director of the Mint that sity be united with some other metal or subthereto what I send to the Chair.

stance, because pure nickel is not known in The Clerk read as follows: know how far they may place restrictions upon

Suppose that two persons offer him. I ask that in the interim he may have Provided, That the purchase of all material to be

samples, each, when tested, found to contaia used in the coinage herein established, except when

under the law as it has stood a right to pur: eighty per cent. of pure nickel. The one sam ok coins are redeemed, shall be raade only by public chase under those restraints under which he || ple can be worked for purposes of coinage advertisement for contracts therefor, to be given to tbe lowest bidder for the same upon a percentage of

purchases all other materials, gold, silver, cop. twenty per cent. cheaper than the other. May pure metals required to be furnished by the pro per, tin, zinc, fuel, and all appliances and fur not the person making the selection, taking posals, to be determined by the Mint assay of the niture of the Mint. I am willing that every the article he purchases according to the promaterial delivered.

restraint that has heretofore been deemed portion of pure nickel it contaios, be at libMr. BUTLER, of Massachusetts. Is it in

necessary shall remain. That is all I ask, and erty to select the sample which costs twenty order to explain the amendment?

if I were sure that the technical language did per cent. more for working rather than the The SPEAKER. The gentleman is entitled not impair the opportunity of the Director of sample which costs twenty per cent. less ? to the floor.

the Mint to judge of the tensile strength, of Mr. BUTLER, of Massachusetts. I am very Mr. BUTLER, of Massachusetts. I wish the malleability and other metallurgic qualities much obliged to my friend from Rhode Island simply to say that the amendment provides of the articles offered, I would make no objec. || [Mr. JENCKES] for putting me the question. that this immense quantity of material to make tion to the amendment. But it may be that He will observe that my amendment does not $40,000,000 worth of coinage shall be pur the purest nickel has not the most tensile refer to the amount of pure nickel in the lot chased only by contract, advertised in the open strength. It may be that the purest copper or offered, but to the amount of pure metal. market upon a statement of the percentage of nickel is not the most malleable, but is brittle. Let me explain. The Director of the Mint the various metals to be furnished according || I do not know how far the purity of either advertises for a bar of metal of a given weight to the assay at the Mint. For instance, if the article affects those qualities which are peces. and tensile strength, and of a given percentage Mint Director desires a bar of nickel and cop sary for coinage, and therefore I oppose the of nickel and copper, or whatever other metal per containing eighty per cent. of nickel and amendment, and only on that ground. Having he desires it to be alloyed with. When parties twenty per cent. of copper he advertises for said thus much I leave the matter to the House. come to bid one of them says to the Director, such a bar, and the bids are made upon the Mr. BUTLER, of Massachusetts. I yield “I will give you such a bar of metal, with so amount of pure nickel and pure copper ac now to the gentleman from Illinois, [Mr. Judd.] much copper and so much nickel in it, at so cording to the proposals, the percentage to be Mr. JUDD. During the last Congress I had much a pound for each metal"'-say $1 25 a determined by the Mint assay, so as to give to the honor to serve on the Committee on Coin pound for the nickel and twenty-seven cents a the people of the United States the benefit of age, Weights, and Measures, in which this mat pound for the copper, if that would be a fair the cheapness of the material to prevent the ter was fully discussed, and I became perfectly price. Another man says, “I will give you possibility of a job. I do not know that I have satisfied that the interests of the Government the same bar of metal for one dollar a pound anything else to say.

as well as the convenience and interests of the for the nickel and twenty cents a pound for the Mr. MAYNARD. I ask the gentleman to people required the adoption of the measure copper." yield to me to offer an amendment.

now reported by the gentleman from Pennsyl Now, the Director of the Mint may give any Mr. BUTLER, of Massachusetts. I will vania, [Mr. KELLEY.] I thought from the direction he pleases as to the tensile strength,

exhibition of the different kinds of coins that purity, or alloy of the bar of metal to be purMr. MAYNARD. I move to amend the were before the committee that it was disrepu chased. I understand from the man who now first section by striking out the words " and table to the country that our coinage should furnishes the nickel to the Mint that that is the issue of Treasury notes of ten cents." remain in that condition, and when the reform exactly the way he is paid now; he is paid so

The SPEAKER. That is not in the nature could be made without any expense to the much a pound for the nickel and so much a of an amendment to the pending amendment, Government it seemed to me that the interests pound for the copper. But the trouble is that and is therefore not in order.

in every direction demanded that this bill nobody can compete with hin, because he being Mr. BUTLER, of Massachusetts. I yield to should become a law.

a Pennsylvania man, and Pennsylvanians havthe gentleman from Pennsylvania,

In relation to the amendment offered by the ing a preference for each other, which is very Mr. KELLEY. The gentleman from Mas gentleman from Massachusetts, [Mr. Butler,] "proper, he gets the preference in the bids. I


do so.

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