The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-16

from tuObc tWu III ne OtChhc w
General and to say that be should not be entitled 70 BIZ
pay, while he not permitted 10 discharge the duties
of his oce Is 10 say that he should be deprived Oh ina
which the law entities him to. not in consequence OF an,
omission OF his own but In consequence Of the fau o.
others. VA
Mr. UNDERWOOD will the honorable senator in.
| form me when General Butler retired
! Mr. GREENE. have not the information at present
i Mr. BRADBURY. am OF opinion that the Senate had
right to go behind the nomination, in the case referred
in order TO inquire into the circumstances under which
il was made and 70 express their opinion Of the propre
ty OF the nomination perceive that this principle VIII
be clearly recognised, this bill shall pass Nothing
! There are reasons. however why am unable al
though desirous see the assertion OF this princi-
pie. to vote for this bill Gen. Jones not in the per-
formance Of the duties for which compensation is now
asked He wasactng officer OF the army. discharg
ing the duties OF another rank for which he had his pay
Subsequently he had the good fortune % obtain nomi-
and from that moment he has received his pay. Now,
do not regard the subsequent nomination and approval as
necessarily involving the idea that during the entire period
between his reduction TO his neal rank and his nomi
nation be fact the Adjutant General OF the army,
but merely carrying out the views OF the Senate that
he was entitled to new nomination. Now, there are
many persons who think themselves and whom their
friends regard entitled 10 Office but who do not get
il they desire; and shall 60 back and give
compensation before they get III Gen Jones was nom-
mated anew, and was confirmed by the Senate; and he
holds his present Office by virtue OF thanew commission
cannot conceive that there any preence or his claim
ing pay previous to that confirmation and the comms;
the opinion that he ought 10 have been nominated and
venture to say that il he had been nominated in 1921 at
the time that the name OF Col Gadsden was sent IN, ne
would have been confirmed by the Senate. But he was
not then nominated and did not then receive his COM
mission. The rejection Of Col Gadsden was merely the
expression Of the opinion that another nomination ought
have been ade and the assertion OF the right oil the
Senate to go behind the nomination OF the President and
inquire into the circumstances attending It, IN which
Mr DAVIS, Of Mississippi The honorable senator
from Maine Mr.. BRADBURYl makes two or three mis-
takes in his statement OF the matter twas not tue ex-
preston of opnionby that Senate that certain nominal
on ought not have been made, but that certain
nomination could not be made. The law required the re-
duction Adjutant General One having resigned.
but one a remained i was Obligatory S nominate that ss
opinion OF the Senate. The President. however, did
nominate somebody ese and the decision Of the Senate
was, not that il decision which ought not To have
been made but that il was decision which could not be
made The Senate persevered and finally this nomination
was made.
the time, BY The provisions OF the law for the reduction
of the army He remained in the office. He was at no
time out Of the office, though part Of the time ne was
prevented from the discharge OF the duties OF the Office
Ii he was then legally The Office during the whole Pc
riod and was admitted 10 have been in il for the whole
period the only question is that OF compensation That
is the only question, believe, al this time, which the
Senate viii undertake TO consider do not suppose that
we shall now 20 back to review the actions of former
Presidents and TO decide whether they were right or
wrong II is question OF compensation and, as
stated before, although the Argument not complete,
think il rests upon the legal right of that officer 10 the
compensation OF that Office. because he actually held IT
but confirmation Of his right TO the office OF Adjutant
General OF the army on the peace establishment.
Mr.. BRADBURY The senator from Mississippi MIR.
DAvIsl will perceive think. that he - aborDg under q
very great mistake He takes the position that Cen
Jones was legally Adjutant General during the whole
period, and therefore, that he is entitled to compensa.
ton, and that this the view OF the President and OF
the Senate subsequently,. Now, 90 far from that being
the fact If that had been the view OF the and OF
the Senate in 1925, he would have needed no new noni-
nation confirmation The President would simply have
ordered him to the performance OF that duty, and he
would have held under the rsi commission. Instead OF
that the President sent in his name as neu nomination
for the place. and the Senate act upon it as new nomi
nation. And thus in the action OF the President and in
the action OF the Senate, have the position OF the
senator from Mississippi negatved fully and completely,
and the construction OF the law given BY the former Pres
ident lMonroe) fully sustained and confirmed.
Mr.. DAVIS The senator has not read the law.
When be reads that he will be better able to comment
Mr BENTON. Mr.. President. have been familiar
with this subject from the beginning and the senator
from Mississippi, upon my right. INT DAVIS =, IN my
know, Mr. President, that IN the year lS2o we mad
question Of reduction OF the army. The question was
reduction which excluded he aea oI 'ae OF
office, il brought down TO the point where there
could be reduction because there was but one before
You will receect all about IL, SIR il was question
which occupied the attention Of the Senate for long
me session after session. and the Senate always decided
the same way question OF reduction and not oil In
roduction and in this there Is reduction 10 be
made or which can be made and nobody be nomna-
ted in the place OF who already entitled 10 BY law.
That gave 10 long disagreement, we may say, be-
tween the President and the Senate The Senate by
peaied decisions, both in the case OF Adutan General
Jones' and in kihe OF Colonel Bsse. by repeated
decisions always the effect, decided that these
officers were in the army, and not to be put out by
putting others into their places The disagreement con-
iinued for long time. Colonel Bsse died, and IN the
end new President sent in the of Colonel Jones
~. k.1 Asnn
year he was in Toput end to the whole. we con-
irmed it. He was in il, and we kept him 10 IT. That
was all And thus sir by those decisions OF the Senate,
as the senator from Mississippi MIR. DAvIsl well
says we declared that Colonel Jones in the place the
whole time, id the eye OF the law, and therefore was
entitled TO the compensation.
The bill ordeed TO be engrossed for third read
ing, was read third time, and passed
caLIroRMA-TrRRrroRIAL GOVERNMENTS.
The Senate then proceeded the consideration OF the
order OF the day, to wit: the bill TO admit California
State into the Union to establish territorial governments
for Utah and New Mexico, and making proposals to
Texas for the establishment OF her western and northern
boundaries.
Mr. DOUGLAS. I am desirous Of getting a test vote
OF the Senate upon question involved In this contro
versy and not certain but that this is the best time
10 submit motion, in order to produce that result The
principal subject involved in the bill before is before
the Senate in two different shapesone In the form OF
separate BILL and the other in joint bill The provis-
determine whehert s the wish Of the Senate to consider
jointly or separately because, that point being decided
il will Make necessarily, difference in the opinion OF
persons going TO make amendments upon that meas
ure My object is TO submit motion which is TO decide
the question whether we proceed jointly or separately