The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-10
CONGRESSIONAL.
DEFERRED DEBATE.
TUESDAY, MAY z, 1850.
tIE coSriNUArIos.l


III
Bile that amendments may have been made which ! am
unaware Of But there is one feature of this bill that
am decidedly opposed to. | am opposed to either OF
these commissioners holding this Office for twelve years.
see no use for i and the arguments used in the
case OF Judicial officer for long term do not apply in
tins case, in my apprehension think that three years
is long enough. II they are not qualified, we should
have an opportunity OF passing upon their qualifications
as often as that am not prepared sir. to offer an
amendment for see the provision is somewhat comp-
Gated Perhaps can accomplish il BY moving to strike
out from the words these commissioners" in The 9th
line, TO the word resignation" in the l4th line, nclu
sve; and to insert the words, each commissioner shall
hold n, off nj period re q ass Nav. ..
twelve and insert three"
MIR, WHITCOMB Very well. Twill move to strike
out twelve" and nser three and il that is adopted,
il will be very easy 10 make the other amendments
qured In the lines following, 10 correspond
The question having been stated upon the amendment,
Mr.; WHlTCOMB said; do not understand. Mr.;
Presidents the reasons for this term OF twelve years and
should be very glad to hear from my friend from vr-
gnia, why these commissioners to hold their Office
for twelve years, and especially when it is connected
President because the for long tenure of office
to all influences which would sway their deter
minaton Of the eases before them; and il seems 10 me
that to accomplish this il will be necessary to remove
them also from all Executive Influences.
Mr. HUNTER. The object was to make il as long a
term as was possible for us 70 make l. sir should
have been very glad 10 have defended the Office, II
could have done So from the removing power OF the
President alone. The bill originally provided that the
commissioners should only be removed BY the President
with the advice and consent OF the Senate; and finding
that could not the constitutional scrupes OF
members upon the appointing and removing power OF the
Presdent and not wishing to iy an experiment OF that
sort which might hazard the bill, consented that the
commissioners should be made removable by the Presi-
dent alone, that there might be fear OF attempt
interfere with his constitutional power. confess was
moi my opinion that such would be its effect but had
reason TO believe il would be considered by many
Others made the bill TO conform with what had been the
practice heretofore To attain the end desired is povi
ded that the term should be long one and thus signify
the Executive that it the intention OF those who
stuied the board to make it Independent possible.
The value OF the board will depend very much upon the
experience and acquired knowledge OF the members of the
board, and will increase with The length Of time for
which the Office is held by the members think that Its
value would be very much impaired If we were TO di-
that the President would have removing power but ii
10 me that if make the term long one, and
ts known that in constituting the board, it was
desire to make il as near the judicial tenure as possible
the President would be very cautious how be removed,
except for such would justify the removal OF
judge. hone, sir, that the change will not be made.
MIR. WHITCOMB. regret, sir, that ] cannot concur
desire 10 concur with him whenever can. have agreat
respect for his opinion, and for the general soundness of
his conclusions. But cannot concur in the view he
takes OF the policy OF this term OF Office. What expe.
rience Is requred, Their business as understand it, is
TO do the preliminary business in examing claims to be
subsequently, presented before Congress Congress after
wards passes upon these questions, and all the labor OF
the board in this examination is simply the preliminary
matter OF hearing the evidence, and exoneratng the
mtees OF Congress from preparing these reports Now
there great degree OF experience necessary there
We do not always put upon the Committee OF Claims
senators who have been six years in their places here
II IS presumed THAT senator is qualified 10 pass upon
claim by his previous education in lfe his habits, and
the discipline o his mind. which have placed him in the
Senate. l confess, sir, feel very this long
tenure. am satisfied that objection in the mind OF
many is the fear that we are simply adding another
corps Of officers 10 the government Entertaining the
views do, shall be compelled to vote for the amend
ment have offered, 10 strike out twelve" and insert
three" and upon that question ask the yeas and
Mr. BUTLER. should be very sorry to see the
amendment proposed by the senator from Indiana adopted
These gentlemen may be designated as judicial officers;
and they ought TO bel say here what hope will be the
understanding of allmen remarkable for integrity, dis
unguished for learning, and those who will inspire the
confidence OF the public. Now, you will hardly get men
oil that kind for $4,000 assure the senator that il he
supposes that he obtain the services OF such persons
as have in indicated. TO he removed every
three years. or to undergo trial every three years, he
Is much mistaken. He will get exactly that class Of
persons most unfit for decisions upon claims Of that kind
should bevery sorry that the bill should be passed al
all il il is TO be made the occasion OF favor political
Insy whG% wOaa S a0n THIS soa
have men who have lived somewhat retired from par
hsanhp, and who distinguished for their accuracy
and integrity in their profession; and would bring
them into this association entirely in reference TO Their
legal capacity, their worth, and moral qualities. assure
the gentleman that such men as have indicated cannot
De obtained II the commissioners 10 be removed after
10 short a term Of Office as three years.
The yeas and nays, having been demanded by Mr..
WHIrcoSB, were ordered
Mr.. WHlTC0MB asked for division OF the question,
The PRESIDING OFFICER : ruled that j, could not be
divided, the yeas and nays having been ordered.
Mr. CHASE. am very desirous, Mr.. President that
the bill may be put in shape TO demand the general con-
Of the Senate concur in part with the opinion
OF my friend from Maryland, that the term Of service is
too long II is quite possible that may be governed in
our estimates oi the character Of the amendment by the
laws IN our respective States In he state which have
the honor In part 10 represent the judicial term is years
and find upon experiment that is advantageous.
not disposed to 20 low yeas am not dispos.
ed 90 high IL years But may suggest that per-
haps might accommodate all sides by inserting term
Of years This will remove the objections upon one
other | am not very anxious about II, but make the
suggestion, and hope II will be adopted.
Mr. UNDERWO GOD. l have this bill, or one that
shall be analogous 10 IT, very much al heart has been
my condition. Tor the astthree years. to be upon the Com
mlIee Of Claims From my personal experience there
Of this sort is ndspensaby necessary for the despatch OF
The public business and for the saving oil the money Of the
country. do not intend 10 70 into Argument based
upon The iacts which have 10 my knowledge, and
which would be pertinent TO the subect-facs which
have influenced me IN forming opinion upon the neces-
upon the proposition OF my friend from Indiana He is
upon the same committee with me- sir; and have no
doubt he has, from his observation there seen the
necessity OF measure OF this SORT TO enable us to get
along IN the Transaction OF the business and TO do jusice
10 the claims which come before us.
Now, sir think the smendmen, he has proposed will
be mischevous in OF its tendencies and should be
very sorry to see II adopted. In the first place air
think il would have direct tendency to make these of.
fees political in their character II understand the