The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-10
CITY OF WASHINGTON, FRIDAY MORNING, MAY TO- 1850.

SO 80 should be adopted so that what is los from the
term OF tme shall be made up BY allowing them hold
suggested by the from Virginia several sena.
TORS that these officers would be removable by the Pres
dent whether i is inserted in the bill not If such is
the fact that this power which the President has,
and that without its being inserted in the BILL he would
have had IL when this motion to strike twelve years
is adopted shall then move to strike out the words
The yeas and nays being taken on the motion to strike
out twelve years, II was agreed toyeas 49, nays 2oas
follows
YEAs-Messrs. Atohison, Benton. Borland, Bradbury.
Bright Case Chase, Clay, Davis Of Mississippi Dickinson
Dodge Of Wisconsin, Dodge o. Iowa, Douglas. Downs,
Sebastian Shields, Sturgeon. Turnsy. Walker Whtcomb
NAYS-nersrs. Baldwin. Bell, Berrien, Butler Clarke,
Miller Morton, pearce, Pratt, Smith, Soule, spruance,
Mr.. HALE. move to strike out. in the fourteenth
line Of the first section, the words and shall be
bic BY s,tIssa ,ae President
upon this matter but rise merely to call for the yeas and
nays and to declare at the same time my intention to vote
against the amendment
The yeas and nays being ordered,
Mr. FOOTE rose and said rise simply for the pur-
pose of saying that think that is highly important that
the President should be allowed turn out because
ruption may arise in this country These officers will be
surrounded by corruping influences, and we all know
that instances Of rank corruption may continually arise
we take away from the President the power to remove
an officer who has proved himself corrupt one
not perceive any great advantage to be derived from it.
except in the estimation of some who anticipate hereaf
lsr.a 1852 perhaps change Of power and may desire
that the democratic President may not have the power to
make these changes do not impute any such motives
10 honorable senators here am sure that they can
have no such design in view; yet, practically, i will
have that efect and practical democrat object to
Mr. HALE. Mr.. President, I had no such ideas as the
honorable senator has suggested But il has been sug.
gesed that il is necessary give this board some sort Of
Independence The Senate has decided that they will not
give that independence which to be derived from long
tenure desirous that these officers in their short
tenure should have independence secured them.
by being independent OF the President Otherwise there
would be no independence about at all The honorable
has foreshadowed, to be gifted with second sight
about the election OF 1852, and the action Of the indivd
ua who s to come IN at that time and It seems to be IN
mated that at that time there will be removal Now,
any sort Independence to be given TO this board
beyond that Of all the walters of providence,
house officers etc. is to Dc secured in one Of two ways
either BY long tenure, by being independent OF
tive influence The honorable senator from Mississippi
suggests that there may be corruption in this government
seems 70 me that that is very exravagan suppostion
But II we may be nduged Tor moment in entertaining
extravagan idea that, would ask the sagacous
from Mississippi whether there is danger
OF corruption in throwng all the power of this govern
ment in the hands Of the President and letting him dole
it out every time comes in, has been done TO
great extent in times pas-wheher that does not open
greater door for corrupng influences than would be the
we TO cothe these men, who are to exercise u
dcal functions and judicial Offices with the privilege of
holding their tenure some degree other judicial Of
uCtIb 10! IL HAS Utcu buppO5cu tndl tue pOliCy OI
the constitution OF the United States at the present tme
is to invest judges with this Independence of the Ex
ecutve and If there are any reasons which would ap
ply this policy TO any judge OF any court they apply to
judges OF this court, think, with more force And am
surprised that the honorable senator from Mississippi for
gets of the great elements OF the character which he
says he is not unwilling 10 have attributed to him-tha OF
progressive democracyhat great principle which takes
power from the hands of man, and places in the
legislature Now sir this s 70 tha, extent an increase
away from this board OF commissioners every shadow Of
independence. II will not be worth straw. You ap
point these men for three four or FIVE years, and make
them removable by the President, and they will be
actly such politicians as are waiting upon providence
every time political election has terminated Now, ii is
desirable that this board should be Of such character as
will have Of those attributes which is said ought
TO belong to it, and not would be, short terms were
10 be xed and they to be removable by the Pres
dent II Is with these views that have offered this
MI DOUGLAS. I would suggest, Mr. President, to
the honorable senator from Mississippi, that have
compsS his object He prouoses 10 srts on, the words
and shall be removable by the President" The ques-
ton raise is whether, suppose these words stricken
out the President would not still have the power under
what has been, 1t to me- the fixed and established
construction OF the constitution and laws in all like
cases. You establish Office, with the appointment by
the President and the Senate and Is uniformly held that
the President has the power OF removal II strikes me,
therefore, that for the honorable senator accomplish his
object instead Of striking out these words he should in
removable by the President" have doubts in my own
mind whether that amendment ought not to be made.
| Mr.. HALE will accept that proposition.
Mr.. DOUGLAS. ] give way for that purpose. have
my doubts whether these officers being Judicial officers
ought to be removable by the President think that
they ought to be independent Of all party and political
considerations am unwilling TO give them tenure for
life, very long legal tenure. But am unwilling
that they should depend upon the discretion OF the po
ca department OF the government for that tenure.
wish them be independent OF all power and all consld
Grafton during the period OF their commission, and de-
pendant for their reapponment upon the character they
have sustained while they have been in ofice am.
therefore, inclined to Tor the amendment OF the hon
orable senator from New Hampshire, as modified by
adding the word not" have objection to adding
ALSO except by and with the advice and consent OF the
SeDte" that shall read, "and shall not be removable
by the President except BY and with the advice and con-
sent OF the Senate"
Mr.. HALE accept OF that suggestion also any form
so to get the substance
Mr. BELL. This proposition, Mr. President, involves
particularly but in favor OF the original PROPOSE
lion made by the honorable senator from New Hampshire
and think II is worthy of consideration whether as now
amended il should not be adopted and insisted upon.
will state what the principle that is involved in the
decision OF this queston-where the Senate will find IL
self when il shall have adopted the proposed amend
ment !! will fndtse precisely where think Il ought
ment and TO this position will have 70 come IN
the end we will preserve the order and purity OF our
institutions Now, sir, the senator from Illinois lMr
DouoLAss has suggested that perhaps-and believe ne
gave this idea m the basis OF this proposiionthcse ON
GERS judicial officers II they so then you cannot
limit their tenures they must be in office for life, and
you cannot make this provision enecve wnicn pro.
no limitation OF their terms OF service be imposed BY
bccau.e the constitution SAYS they shall