The daily union., 1852-09-04

lone WIS uot are ucs0oJ feiooNu but hVsnhE
contained shall be construed authorize the cancenent
Of any heretofore entered into with any
PRIMER under The laws heretofore la force, TO abiogae
his rights la any way, without his consent"
Mr.. DOUGLAS. 1 would state, in addition, that the
chairman OF the Committee Printing OF the House OF
Representatives holds know. the written release Of the
parties 10 these contracts surenderng them up snuey
Mr. CASS. Wha right has any member OF the oeht
ate 10 question IL when one OF our woIhy associates
here the Senate says that he himself has seen he re-
lessel think that should put an end to ibe dispute
MIR SEWARD. do not know how much reflection
there is upon 10 The question put by The honorable
senator from Michigan
Mr. CASS. None al all.
MI. SEWARD / did not understand the senator
from Mississippi 10 say he had release OF the
coarsct Al the distance | am from him. perhaps
heard him imperfectly but what heard him say was
as understood il. that in public meeting he bad heard
read the consent OF The parties What kind OF public
meeting where was, and who were present, he
has not stated.
Mr. ADAMS. The statement Of the senator from New
York is correct did not say that saw the release bu
heard Il read. and presumed II to be correct did
not exam,ne personally 10 that II was genuine.
Mr. DOUGLAS ! know that the release is in the
hands OF member Of the Committee on Printing OF the
Mr. SEWARD Then. | Withdraw my amendment
MI COOPER asked for the yeas and nays on the ques-
ton OF ordering the bill third reading. and they were
ordered and, being taken, esulledyeas 25 nays l3-as
follow:
YEAs-.Messrs, Adams, Bradbury. grodhead, Cass,
Daasa.. Downs, Fscs, Gwa. Hoas'oa. James Jones oi
Iowa, King, Mallory, Mason, Msrwe'hsr kusk Shields.
SAis-Msssi. Bo,iani. d. Cooper. Davis Dawson, De-
Underwood, and Wade-I3
So the bill was ordered to third reading.
MIR. MILLER, when his name was called, stated that
he had paired of with the senator from Alabama. Mr.
Mr. BRooKE. when his name was called, stated that
he had paired of with the senator from Florida, (Mr
MoRToKl
The bill was then read third time and passed,
THE FISHERIES QUESTION.
~Ac cc -. "a Il al C,.x
ate on Friday to take up the Presidents message with
regard the fisheries. in order give opportunity to
the senator from Massachusetts Mr. DAvIs] express
his views upon the question.
CIVIL AND DIPLOMATIC BILL.
On motion by MIR. HUNTER. the Senate resumed as
in Committee of the Whole, the consideration OF the bill
from the House Of Representatives making appropria
,ions for the civil and diplomatic expenses Of the govern
for other purposes the pending question being upon the
amendment OF the Committee on Finance, SO TO amend
the clause for salaries OF ministers OF the United States
to Great Britain, France Russia. Prussia Spain Brazil
Mexico and Chill, $72, 900, as 10 make it read:
For salaries Of ministers ofihe United States Great
Britain France Russia Prussia. Spnin Brazil, Mexico,
e sha 3. aed
listers penipoeDtary conduct diplomatic relations with
ers authorized by law and the said ministers Chi.
and the Ottoman Pore shall be vested with all the judi
China aud the minister resident at the Ottoman Porte,
specvey and for the performances Of the duties resulting
their salaries as ministers Penipoentary."
Mr.. MERIWETHER Mr.. President, the senator
from Rhode Island Mr. CLARKE made constitutional
argument yesterday against The proposed increase OF com
tutonal lawyer, but beg leave 10 give my view upon
the subject The clause OF the constitution TO which the
gentleman alluded reads thus
"No senator or SHALL during the time for
which he was elected be appointed 10 civil office
der the authority Of the United States which shall have
been created, whereof shall
increased, during such time and person holding
otce under the United States shall be member OF either
house during his continuance in Office
Now sir. Colonel Marshall has not been appointed to
office which has been created during the term for
which he elected; for the Office Of commissioner to
nos to an Once The Of which have
been increased the increase has not yet taken place
and he has been appointed several weeks. II appears to
that question, il properly stated, would stand thus
member of Congress is appointed 10 Office which
has not been created, have the emolumens OF such
office been increased, before bis appointment Then
Congress increase The emoluments OF this office Now
apprehend that The restriction in the constitution 10 one
placed upon the Executive, the appointing power and
Gays to The EAeeouve you shall not appoint member
OF Congress TO any Office provided such office has been
created, or It's emolumenis increased
But the constitution does not say TO Congress thai
you shall no, increase the pay OF member OF Congress
which he was elected lrepeat IT, the restriction is upon
the appointing power, and not upon Congress How,
ever, IL be unconstitutional the unconsutionality will
prevent his reception OF the pay and cansot turn the in
cumbent out Of Office.
Mr. FRAT ] wish 10 say word in addition to
what has been said by the senator from Kentucky Ii il
manifest that that must ne the construction OF the
sution the result would be that the executive power
when properly exercised, would be limed and controlled
by the legislative power for il the opposite construction
be the ope then the legislature would have the
power, al any time after the Executive had made an ap
pontment of member OF Congress- TO vacate that sp
pontmeDt by making increase OF the salary. There
foie seems 10 that the construction placed upon
uIs clause ct the constitution by The senator from Ken
lucky must inevitably be the one The conclusion
would otherwise necessarily be, il that were not the
construction thai the legislative department Of the gov
eminent could snaul any time the appointment OF a
member Of Congress Office by increasing The salary
OF that ohce after he had been consituionally ap.
pointed
Mr. CLARKE Mr.. President it i, refreshing in these
days. when we have little 10 interest us, hear these
eueidstons and TO receive those lights upon the con
sruciion OF distinct Direct and positive provision OF
the constitution. What says the constitution: Why
that no senator representative shall, during the
time for which he elected be appointed any civil
Office under the authority OF the United States which
shall have been created, the emouments whereof
sha have been increased. during such time; and no
person holding any Office under the United States shall
be member OF either house during his continuance in
Office"
is not that prohibition Does il no, prevena senator
or representative from being appointed 10 such Office
during the time for which he elected Oris il only
aresieon upon the Executive that he shall appoint
any such officer.
The objec, OF the constitution is think very plain II
was 10 prevent any member OF either house of Congress
with view either TO increase OF his emouments or
bis appointment TO office from being instrumental in
the creation OF that Office in the enlargement OF its
emolumens Those who framed the constitution guard.