The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-02


On the 2sh of April, lsls, Mr. JOHNSON of Marylant
submitted the following resolution;
ResOued, That the President is requested to inform tn
yI service of the United States under appontients ron
the President which have not been submitted to the Sen
The date and character of such appointments, and why it l.
thas not been IN the power OF the President TO submi
them to the consideration of the Senate.
On the 5th of May ii was agreed TO without objection
out on the same day reconsidered, upon the motion O
Mr. ALLEN one OF the senators from Ohio The reason
assigned for the motion that the Senate had no con
stltonal right TO ask the President why he had no
submitted 10 that body the appointments in question Te
obviate this objection, though denying It's validity MIR
JOHNSON proposed and the Senate agreed TO it, to amend
the resolution by striking from it that portion of the in.
qulry as to ask merely the act whether there wer,
any such appointments IN existence. Mr. ALLsS sill
insisting thai there was no power to pass the resolution
modified, and maintaining his objection in de-
bate
Mr. JOHNSON of Maryland addressed the Senate a.
follows.
Mr. PRESIDENT When submitted this resolution to
The Senate had not the least expectation that would
lead TO a debate. | influenced by no desire TO Gel
in advance, nor did expect that should be com
PEELED to all the conduct of the Executive in
The matter TO which the resolution refers But un Ter.
SANDING more from report than from any authentic in
formation, that there were officers high in rank the
service OF the United States, exercising their functions
under appointments by Executive authority alone-ap-
pontmen's conferred upon them before the commence
men OF the session. and not as yet communicated BY the
President TO the Senae--I thought il was due to the
President himself to give him opportunity to set him
self right IN matter that was apparently obnoxious to
blame And you will see sir, and the Senate will
that The phaseoogy OF the resolution, which calls upon
the President to say why the appointments have been
communicated to the Senate intended TO assume
that they had been withheld from some beyond his
control he was only asked to state to the Senate, if
there were any such appointments in existence, why il
had not been IN hls power to communicate them to this
s5e By No, w s
which, in such connexion, it would be improper for
Inc TO do heard surprise expressed at the delay in
sending n nos apRonnen d By many OF the political
preston Of solicude that the matter should be inquired
no, in order that the public mind should be at ease
far likely to be disturbed by any supposition
thai the President could be capable of official misconduct
They thought thought-and have vet to be satisfied
that we did not think correctlythat the history of the
government from its organization to the present hour,
furnished no instance such as that to which the resou
ton referred; and they believed, forced to be-
eye placing construction on the conduct of the Chief
Magistrate of the nation which always feel desire to
do that he was governed By improper motives but that
there had been some cause operating upon him which, if
he were called on to explain would satisfy everybody
that his departure from the conduct OF his predecessors
perfectly justlfiable. Now, sir not only was iree
IRON any anticipation of debate when offered the reso-
luton but II could have anticipated it, it certainly
would not have been debate in which would be found
promulgated to the American people the startling doc
tnes-the honorable senator will permit TO say so of
them--whch heard yesterday from the senator from
Ohio Mr. ALIEN 1 might have been prepared to hear
from some member OF the body that the comfy due from
the Senate to the Executive, in their mutual intercourse
n,
might render it somewh hat improper 10 submit such in
qury but sir il had endeavored to anticipate, looking
at the past administration OF the government by the Pres-
dents at the history OF the
tuition itself, get in the records and debates of
the conventon could not, If had tried conjectured,
as an objection to the passage OF the resolution, the doc
unes announced by the honorable senator from Ohio
yesterday. What are they? Am not justified in char
aclerzng them as startling, as Unprecedented alarm
Ing!
First, was stated by the honorable SENATOR in par
a debate upon the subject day two ago. that by the
clear and manifest meaning OF the constitution, it vested
the power OF appointments in the President during the
recess, according to It's very words. And asked
whether 1t could be possblc regarding the language OF
the constitutional grant of power conferred upon the Ey
ecuve, that the Senate had the authority to ask OF the
President what reasons were influencing him in keeping
back any appointment made in the exercise OF that power
from this branch OF The government, without whose add
wee, finally, the appointment itself was TO terminate
Unwilling to delay The Inquiry by debate, but anxious
10 get the fact, and believing the moment the fact was
called 10 the recollection of the President that he would
without any further request, explain satisfactorily or
tempt do why these appointments had been withheld
from the Senate, proposed yesterday TO amend the
luton by striking from it that portion which asked him
% assign the reason why they had been withheld
The honorable senator from Ohio was still not satisfied
his objection then became just as socitous and earnest
although somewhat modified. He denied the right of the
Senate to call upon the President to inform them of the
fact whether there any officers in the military
civil service of the government, exercising their unc
lions under executive appointment alone upon the ground
That there is implied prohlbon upon the Senate to
make such an INQUIRY and because it would be Irregular
Unprecedented and practically usurpation on the part
OF this body to PROFOUND it. And this, sir, what in
duced to characterize the remarks of the honorable
sehator-made, have no doubt, from conviction OF
lhelr truth-as startling. After that had from the
honorable senator discussion OF the theory of the pow
eTs conferred upon the different departments of the gov
ernmen and The conclusion 10 which that theory led
INN was, that all power was safer in the hands OF
man than in the hands of many.
MIR. ALLEN Does the senator say made any such
statement that?
Mr.. JOHNSON, understood you to say So
MI ALLEN. What did say was thls-and now
peat-that there is greater tendency TO the usurpaton
oil power in our system here than in the executive
Mr.. JOHNSON. | am speaking about system here,
not about other systems elsewhere. But, Mr. President
propose 10 show moment that if this be the case,
ule sooner we get rid OF system the better have
moi, then, misunderstood the senator, although may
nave failed IN making myself understood by him | un
les2'aiI the senator 10 have affirmed and 10 be still oil
that oPnon that, under our form of government look
lS 10 the divisions of power to be found in it, and the
character OF the powers divided that the tendency TO
u5upauon to excess to abuse, greater in this branch
Of the government which in the hands OF many than
III lha' branch OF the government where centred
one.
Mt ALLEN Greater in the Senate, and | gave my
ieasons Tor IT. Because the Senate further removed
on me people, and, furthermore, because the RESPONSE
iy OF Their acts Is diused broad surface,
point
Nh. JOHNSON, Well will take that position The
edson Then Is because the operation OF the SYSTEM from
yauSes founded very nature, shows that the
o. Inc United States infinitely greater the first than
IN me latter Why is it, Because, the senator al
reyes the Senate of the United States are further
moved IRON the people, with responsibility covering