The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-23


provision by which the President of the United States
to select The agent whom the Attorney General Is to di-
and employ there is nothing irregular in the
lion as IL now stands The President OF the United
States has the appointment OF all the officers OF the Uni
led States unless Congress n.erpose the restrictions
which they have right TO do according TO the consiu-
on But have right togive 10 the heads of depart
menls the appointment OF officers agents. This
matter belonging TO the legal department Of the United
States and IL is proper that should he put under the
control OF the gentleman the head OF that department
My friend has fallen into mistake with regard 10 the
amendment we made 10 the bill yesterday II was not at
all striking the Commissioner OF Indian Affairs and
putting in the President OF the United States but putting
in the head OF department in which the Commissioner
is a subordnae-tlat Is ALL II TO sir, that
the amendment is all night il stands. II is viola
on oil any respect Tor the authority, the respectabiiy
the dignity oil The President OF the United Siatss On
the contrary, think il would be little infringement
upon all of them il You put him in general sesni,
with the Attorney General having the general control
and manag cement OF aarsinerely giving 10 the PSesi-
dent the subordinate duty OF appointing the agent through
whom the Attorney General to carry his operations
think i had muchbstier stand a. i Is.
Mr. DODGE OF Iowa Mr. President. shall vote for
the amendment offered by the senator from Georgia,
II Mr.. DAwsoEl think II is right highly approved OF
the position taken by the senator from California Mr.
GwIN The able speech he delivered upon the executive
abuses which occurred in his section OF the Union. He
said he dealt with commissioners, with suhordi-
mates, but he tealt with the head OF the government
Here important duty TO be performed, and see no
reason why the President who possesses the consilu
ona power of appointment should confer ths place
o sas es ha he Be
the performance OF the duty far the selection Of the
agent make him and the expenditure OF these ten
be candidate in The next presidential contests the pres
President the present Attorney General both being
most entgentlemen and both believe being condl.
daesor the nomination OF their party But the President
President, and wish 10 hold him accountable for
the OF his administration. If the important dulles
which be entrusted 10 this person ae'not properly
performed and this money squandered do want the
President go free OF the blame which should justly at
ach TO him the officer TO whom the nation has con-
S.laItt ttaa p,fin ynputar
Mr. GWlN. Mr.. President, this is exclusively legal
question II is to collect the papers concerning certain
coec, papers necessary full understanding Of claims
now before Congress They also necessary for the
examination Of claims now before the board Of commits
sioners in California What the senator from Moth Car
Ona Mr. BADGER1 has said therefore, perfectly true
The Attorney General should have charge of this matter
only 70 make the necessary appropsHn but but also to
employed more than four mouths altogether 1t 10 merely
the collection Of legal papers. and seems to me that the
responsibility falls upon the head OF the department.
would hold The head OF the department responsibe it is
the chief clerk or the law officer but the head OF
department of this government,
| MIR. BADGER II is the same thing as the Secretary
| OF Stale the Secretary OF War. VI
| Mr.. DAWSON. maintain that il is improper to con-
fer This appointment upon the Attorney Generals il is
part of the executive duty But is said that il 10 en-
trely legal question Will the gentleman contend that
The appointment Of the judges of the Supreme Court
than upon the President OF the United States. Can II be
said that The Attorney General is better Judge OF the
he S ss %y
dent, cannot for my life why this proper
it IL violation OF the plan we have usually pursued in
relation TO appointments.
This is an appointment 10 be made. What department
OF government has the appointing power The execu-
i've department And IN the language Of the senator
ale head. The idea is TO give the appointment toa de-
psrtment Of the government and not exactly depart
of the government either for the Attorney Gene
rad is member OF the cabinet only by courtesy he is
sponShle TO The President OF the United States.
Mr BADGER = He always was s., his counsellor
and ought not TO be there therefore. sir, propose
this plaa, that the execution OF the order should
be in the hands Of the Attorney General As the ap
poinment OF the individual. let be done by the Pres
dent of the Unteu States. have no objection to the
Attorney General paying the individual at ALL still
insist upon the amendment TO strike out and insert
Mr.. FELCH | do not see any particular object in
making the amendment which proposed BY the senator
from Georgia He seems to suppose that This = matter
which should he committed 10 the charge OF the Presl.
dent and not 10 the head OF The department. and that the
President is the only proper person 10 make such an ap
portionment.
But my object IN rising 10 call the attention Of The
Senate TO particular fact IN reference duty pre-
cisey The same as is efovded for here Three sessions
since the Senate passed resolution providing for obtain
ing The information which is sought 10 be obtained
under this provision. That resolution instructed The
COMMITTEE on Pablic Lands to provide the Of oh
tanning this information AID, Tor the purpose OF doing that
they authorized TO employ person who should
be competent 10 perform the duties. and were ap
proprated Tor that purpose That committee proceeded
with their duty, and appointed Mr Jones' who made an
examination, and obtained the laws and ordinances OF the
Spanish and Mexican governments, made translation OF
them, and presented them To the committee. But for
some reason other, he afterwards withdrew them and
refused TO submit them again. lie had received no nav
Tor performing the duty, and. after presenting the manu-
SCRIPTS he Withdrew them, by which the committee were
prevented from obtaining the necessary documents and
evidence. In that instance Il thought necessary
10 to the President. 10 the head OF OF the
departments II a subordinate matter, and was sub
mitied in the manner have mentioned, entirely the
discretion OF the committee But the object being
sdered by the committee be very Important il
again Submitted TO the Senate, and aoother resolu-
tion was pas.el The honorable from Missouri
however, inerposed objection and the proposition
failed.
Now, in this Il will be observed that the first part
OF this provision commits the charge OF this matter the
Attorney General He has the general duty OF superin-
tending this matter, the law officer OF the government
and s very properly committed TO his charge Il is
high and responsible duty, and one which will require
great deal OF and attention in obtaining all the doc
mens which are necessary rejecting voluminous docu
mens which unnecessary, and which IL would be
proper 10 print Bat The duy which is imposed upon the
person who Is provided Tor this part OF the bill is
merely that or agent 10 assist the Attorney General
in gathering together the materials That agent is to be
sent 10 Mexico for the purpose Of picking up documents
General will afterwards collac and arrange for the use
before a book which will be well worth printing and
which will furnish the necessary Information upon this
great and important subject.
MIR BADGER dislike to trouble the Senate again
upon what appears TO be small matter. | was not
mad he nv frouo