The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-09

'inferor" and yet there is necessary aii-
tude of discretion in determining where, between the two
superiority ends and i,teoritg begins What right has
the distinguished senator from South Carolina that
clerk stands side OF the boundary line any
than third lieutenant in the army He says that this
discretion may be abused and it may, and may any
other discretion and STILL from the ver constitution OF
our nature, discretion must be granted. Practical men
should fear it, and seek 10 restrain it as much they
can But they should fear it and restrain it the most in
those cases where is most likely to be abused Con-
gress have an UNLIMITED right of taxaton and by the
theory OF the constitutions they may at any time collect
tax equal to the whole value of property in the Union
and when collected they may throw it into the sea- il
they cannot DO that they may make some other expend
ture of il equally strange and absurd But no his
senses would think OF guarding against an abuse like
that and any practical abuse of this power OF appoint
men seems to me almost equally improbable. No law
the concurrence OF this Senate We are little likely
y to throw away power We much likely
to guard il with jealous caution The honorable senator
IRON South Carolina asks apparently as test ques-
ton, whether the appointment of these company officers
could be vested in the heads of departments and in the
courts OF law. unhestatingly answer yes and do
not see how that alters the state OF the affair The whole
OF this part of the controversy turns upon fair consider
alton OF what nferior officers within the true
meaning OF the constitution. When it is once deter
mined, that an office Is nferlor one, it may then be
filled in either of the secondary modes referred to by the
President by the head of department. or by court Of
law And there is little real danger to be appehended
that these appointments will be thrown into improper
channels, military offices given to the courts of law, and
their clerks TO the heads OF departments do not pre-
clsely understand the effect, which the senator from
South Carolina would give the word ''alone" in this
connection sin the President alone" see other eff
feet OF the word, but to conradisngush this grant from
the preceding one, where the Senate is coordinate
branch with the President in the appointing power. But
the senator from North Carolina Nr BADcrR,l and the
senator from South Carolina, Mr. BUTLER,l give
trely different meaning to the word nferor" and one,
appears to utterly inconsistent with the just rules
OF construction. They contend, and SO far justly that
there superior and inferior officers but they contend
also that these words superior (Which word, however,
tha it,ttvn hut.
ton to their natural Specification indicating Offices
less important, but that superior officers those
whose appointments are specifically provided for in the
constitution; and thai nferior officers" those provi
ded for by law. The constitution enumerates but two
classes OF officers by concerned in our foreign
relations, and the other in courts OF law These are
ambassadors, other public ministers and cOnsuls, and
Judges of the Supreme court" The construction contend
ed for leads to this papabe absurdy that consul at
the smallest foreign port is a superior officer, and must
go before the Senate for confirmation, because he is spe
ciicay mentioned in this section; while the head OF
department. the commanding general of the army, the
Commanding officer OF the navy all the judicial officers ,
Supreme Court, governors of territories, and host OF
other officers, with important functions to fulfil through
found enumerated Ae sama section, and may be APP
pointed by the President ''aone' by the head of de-
partmen Can the heh OF department appoint himself,
court of law It's own judgei QuGre de hoe. can
not suffer myself to believe it is necessary pursue
this investigation any further 1t seems to Inc that
no such work could have issued from the hands
OIL Inc trainers Ol our CONSTITUTION Du SIT, let us
look at this matter little more narrowly The Presi
dent shall nominate and with the advice of the Senate,
appoint ambassadors &c., and all other officers of the
wise provided for and Which shall be established by law
But the Congress may BY Jaw vest the appointment Of
such inferior officers as they think proper in the Pres
partments" The constitution provides for the appoint
ments of certain officers So far the appointing power
is beyond the reach of Congress 1t then provides for
"a other officers, and after that the discretionary
exception as TO inferior officers But we are now told
that all other officers, and inferior officers are con-
vertble terms, and mean the same thing. Why, then,
in imposing the limitations Certainly, the special power
is less extensive than the general and yet this
struction makes il the same, because the enumerated
officers Gas ambassadors, &c., being excluded from
its operation by previous and specific, mode OF
appointment, it bears precisely upon all others, leav
the liar grant Of ,ha general one
ton OF the same functonares But sir, the honorable
senator from Connecticut contends, even if these mill
tutional because their appointments if vested in the
President at all must be vested IN him permanently, and
without any subsequent action of the Senate | cannot
agree with him in this view. Offices may be temporary
in their tenure; the incumbent going out at any period
fixed by law, certain uncertain It is the practice of
day in the course of our legislation BY the pro-
vision under consideration, authorize the President TO
appoint aone" certain 'inerior officers, and require
that the next session of Congress the tenure of their
Offices shall determine, and that their mode of appoint
ment shall be changed from the President ''aone" to
the President and Senate that they shall pass from the
special to the general appointing power. And why not
Could not law, containing such grant OF power to the
President be passed to-day, and repealed tomorrow
And if could terminate its exercise thus, by subse
quent law could we not terminate it iii the very law
making the grant, appears TO me that this matter is
in nut shell In whole or in part, the power has been
exercised since the foundation of the government We
give the President temporary trust which expires by
its limitation. We then provide another mode
equally constitutional for its exercise And this tells the
whole story.
This debate was also participated in by Messrs HUN
TINGTON, BERRIEN, CALHOUN, BUTLER, and
M. HUNTINGTON then asked for separate vote
upon agreeing TO the first proposition recommended in the
report Of the committee; and the yeas and nays being
1ered thereon, taken, and resulted follows:
YEAS-AIessrs. Allen, Ashley, Atchison, Atleron Bag
by Benton, Breese Bright Cass Dickinson. Dix Fairfield
llouson Soue, Speigt, Sturgeon, Turney and Westco
NAYS-Messrs Aclisr, Badger Berrien, Butler, Cal
houn, Cley, TIL CLAYTON, Corwn, Evans, Greene, Hun
ngton, Jarnagin Johnson, of Louisiana, Mangum, Ma
son, Miller Niles Pearce, Simmons, Upham, Woodbridge
and Yulcc-22
So the Senate refused to concur in the first recommen-
lation of the committee
The remainder of the report was then concurred in and
the bill ordered TO be returned TO the House
Mr.. BENTON then gave notice that he might find it
necessary on tomorrow ask leave bring entire
bill for raising the ten regiments, and thus go over
the whole ground again from the very commencement
On motion, the Senate then adjourned
HOUSE OF REPRESENTATIVES,.
CONTINUED from yesterdays "Unaon."]
THE THREE MILLION
Mr. c. j. INGERSOLL addressed the committee as
follows: The committee will perceive that this bill is
in substance the bill that passed both houses last
session
A MEMBER. Both houses
Mr. INGERS0LI. Yes, both houses. 1t is the same
in substance which passed both houses last session The