The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-08
THIRTY-FIRST CONGRESS.
TUESDAY, May I. 1850.
FIRST SESSION.
SENATE.

MEMS, STURGEON, DODGE OF Wisoohsih, MATS anu
GREEN.
| Mr.. DAVIS, from the Committee ON Military AT
fairs, reported bill for the relief OF George Poin
dexter.
| THE BOARD or ACCOUNTS
The Senate proceeded to the consideration of the
| bill to establish a Board of Accounts.
| The bill reported from the Committee of the
1 Whole to the Senate. and the amendments We're
| agreed TO.
The question then being on filling the blanks in
the bill,
Mr.. HUNTER moved to fill the blank in relation
10 the salary of the commissioners with the sum Of
four thousand dollars each per annum
Mr.. WHITCOMB moved to fill the blank with
three thousand dollars; lost. Mr.. HUNTERS mo-
ton was then adopted.
l. MIR. HUNTER moved to fill the blank fixing the
salary of the Government attorney at two thousand
dollars and the motion was adopted.
MIR. PRATT moved to reconsider the vote, and
il was reconsidercd. He then moved TO fill the blank
with four thousand dollars
Mr.. HUNTER moved to fill the blank with three
thousand dollars; and the question being taken, the
blank was filled with three thousand dollars.
Mr.. WHlTCOMB moved to strike out that por
ton of the bill fixing the term of Office of the com
mssioners at the period Of twelve years. and insert
MIR. HUNTER said that the great object of fixing
the term at twelve years was, that men of talent,
learning, and standing might be induced to take
the office. But if they were to be removed every
three years. such men would not take the office. Ii
was originally intended to make the board inde-
pendent of the Executive; that is, that they could
not be removed except with the advice and consent
of the Senate But in order not to subject the bill
to the opposition of those who had constitutional
doubts of the power to limit the right of the Presi
dent 10 make removals, that part of the bill was
omitted. He supposed that the mere fixing of the
term at twelve years would be understood by the
Executive that the board to be as far posi-
BILE permanent one, and that no would be re-
moved except for such causes as would justify the
removal of judge.
L al ha 10
mission in great measure Judicial board He
thought that these commissioners should be selected
from without the political arena. And if the term
of office reduced to short term, the very
class of persons who ought not to be appointed will
be the only men who will receive the offices.
Mr.. CHASE suggested to the Senator from In
diana TO change his motion, and substitute six years
instead of three years.
MIR. UNDERWOOD said that he opposed to
the amendment. He thought that the tenure of
Office should be of such length as to make the office
acceptable to men of sufficient ability, and who
would not take the office If they were liable to be
removed every few years.
Mr.. WHITCOMB modified his motion, combining
it to motion to strike out twelve"
Mr.. FOOTE said that he would soon vote to
make the Office for life to make it for the term
of twelve years. The spirit of the age such
that long terms and life tenures were no longer
desirable by the people.
Corruption would creep into any board which had
long tenure of office; it could not be prevented.
lie would be willing to trust man in Office for
term as long as he would the President of the
United States. Public officers should be held to ac-
countablty at short periods. He alluded to the
great improvement of the judiciary in those States
where the elective principle for short terms had been
adopted
Mr.. BUTLER replied, saying that it was a
question whether the judiciary twenty years hence
would be as good as it was twenty years back. 1t
question which history would have TO decide.
He would venture to say, however, that the judges
who now adorned the bench in Mississippi were
lawyers under different system.
Mr.. FOOTE said that he understood the Senator
TO intimate that the judiciary of the present day
not as good as it was twenty years ago. Where
had the falling off taken place, Was il in the SUI
the judges of that. court. Was it in the States
where the elective principle had been adopted He
thought not. II must then be in the old States,
where the old system was still retained
Mr. HUNTER said that, a sort of compromise,
he would adopt a suggestion made by Senator
from Illinois. The Senator from Illinois says, that
in his State the judges hold office for the term of
nine years. He would propose to gentlemen, then,
that the term be changed TO nine years, and that
one of the commissioners go out every three years
He hoped that the example Of the Democratic State
Of Illinois would be acceptable TO the Senator from
Mississippi.
debate with the Senator from Mississippi the
relative merits Of the elective judiciary, and the
tenure during good behavior. IL was a question
for history TO decide. He had not, the Senator
intmated, made any reflection on the Supreme
Court; nor had he made any comparison between
the present judges and those Of former days; nor
had he made any comparison between the two
systems of appointing judges. He did not think
system. The Senator thought it The diff
ference between them was, that the Senator from
Mississippi was a radical progressive democrat,
while he a conservative republican. Laugh
teri
Mr. HALE said that II the motion to strike out
prevailed, he would move TO strike out the words
''and shall be removable by the President"
The question being then taken ON the motion of
Mr. WHITCoMB to strike out twelve il was de-
| cided in the affirmative as follows:
YEAS.-Messrs. Atchison, Benton, Borland, Brad
bury, Bright, Cas-, Chase Clay, Davis Of Mississippi
Dickinson, Dodge of Wisconsin, Dodge of Iowa.
Douglas, Downs, Felch, Foote, Houston, JONES'
King, Mason, Norris, Rusk, Sebastian, Shields,
Sturgeon, Turney, Walker, Whitcomb, and Yulee
%.
NAYs.-Messrs. Baldwin, Bell, Berrien, Butler,
Clarke, Clemens, Corwin, Dawson, Elmore, Greene,
Hale, Hunter, Miller, Morton, Pearce, Pratt, Smith,
souls, Spruance, and Underwood-20.
Mr.. HALE then made his motion 10 strike out the
words "and shall be removable by the President"
Mr.. FOOTE said that he could not support the
motion. Cases Of corruption may arise, and IL
would be for the interests Of the country that the
President should have the power Of removal.
Mr.. DOUGLAS said that il the words be stricken
out as proposed by the Senator from New Hamp-
SHIRE the object of the Senator will not be attained
Under the established principle the President, hav
ing the power 10 appoint, shall have the power 20
remove. He would suggest 10 the Senator that the
object would be better attained if he would change
his motion 20 inserting the word mot" after the
word "shal;' and after the word President, insert
except by and with the advice and consent Of the
Senate"
Mr.. HALE accepted the modification.
Mr.. BELL said that he in favor Of the
amendment, and would support il because he
thought it just, and because il was, he hoped,
the beginning Of course Of policy which he
thought il advisable 10 adopt in regard 10 all the
Offices of the country. This subject Of removals
from Office was becoming Of the greatest import
10 proper administration Of the affairs Of the
Government. The question Of the powers Of Con-
grcss 10 control the appointments and removals by
the Executive had occupied the attention OF the
leading men Of the nation for long time past, and
in 1859 decision made against the power in
Congress by the casting vote Of the President Of
the Senate. That decision, he thought was erro-
heous That decision that the President had
the power 10 remove all officers Of the Government
except judicial officers, and words Of inhibition
could take the power away He did not believe this
decision would then have been made except for the
universal confidence every one had in WashiDg-