The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-18

very time when we should act upon il,
Mr.. HlBBARD. do not think that there is any worse
feature that can characterize legislation Than that Dali
involving important questions OF law and expediency
should be driven through this House without allowing
sufficient time for its proper consideration Two ques
lions have arisen hereonc in regard TO the constitu
Ionsty, and another in regard 10 The expedlepcy OF
this measure-both Of which may well BE- doubted.
Az all events. 20 II struck me- and am not prepared.
therefore. Al this time. act upon this bill Il may be
upon the aoor Of tins House. but mus, confess
that do sufficiently understand lis meaning, its pur
pose. and its eject And what, let inquire Is the
need Of this earnest haste on this occasion Sir,
know il not. My friend from Alabama Mr.. Housrokl
has furnished that is at all satisfactory 10 me
iflhe bill be good one-and, for anything know, ii
may be 90, and am by prepared 10 say that
t~ill not have my full and perfect asssnt,here is
non Tor this earnest haste Let these questions be
aYsstgated BY proper committees; lie, there be report
sqsas BY some committee TO the House. and when
Lat is dore. we can act undersandingy and advan-
tageously There is nothing whatever gained by undue
hase. On the contrary il not unirequenty leads to
iamentable rsiracing Of our steps sa good rule to
be cautious; and for the sake OF the integrity OF the
practice OF delSeraton, well the bearings upon The
question involved in this bill, submit that this 10 not
now the time TO act uponit II II pass al all strikes
me that should PASS with me amendmenl oered by The
gentleman from Tennessee, Mr. JoNEs] but hold it
Be OF those bills which should be examined by suit
able committee 10 lis legal bearings and also as 10 the
questions OF expediency relating TO ~ and think
should be referred TO one Of The standing committees OF
this House, for the purpose OF careful investigation
Touching the and affecting the Treasury Depart
meNt In us operation, IL
ence in this case is 10 the COMMITTEES Of Ways and
MeanstEe reference which has been already suggested
IL gentlemen have another choice. well and good; have
discretion In the matters but for the purpose OF Ter
minatng debate, and Of deciding whether we will ACT
upon The bill now or at some future period when we
have had suteien, time for dellheraon move its ref.
erence TO the COMMITTEE OF Ways and Means; and on
that motion ask for the previous question.
Mr.. JONES. hope the House will vote il down.
[Cres OF :. Vote il down.
Mr.. PHILIPS ask The gentleman from New Hamp-
shire lNr HlBsARDl TO withdraw the demand for the
MIR. filbBARD would do it with pleasure but if |
do il for the gentleman from Alabama, must do il Tor
Mr JONES. Further debate is MOI in order.
The House then divided The demand tor the pre-
vious question, and il was not seconded.
Mr. PHILIPS. would not, Mr.. Speaker. offer any
remarks upon the subject before the House. which has
already received much debate, if ii that diff
fer from the able and learned gentlemen who have pre-
coded with regard 10 the cons,ilaonality OF this
measure. profess 10 be strict consuctonisl. prob
ably owe my seat here to my attachment 10 that political
creed But, at the same time, we must be careful that
we do not forego pletermit The clear constitutional
powers which vested BY the constitution in the led
Tie gentleman from Virginia, Mr. BAYLY.] and the
gentleman my left from Tennessee, Mr. STANT0H,l
have both assumed thai position which scarcely
could be conlrovered that the constitution requires the
appointment by The President, with the advice and
sent OF the Senate, OF the officer in question: and they
placed their judgment upon the ground that the appoint
ment OF other than " interior officers" could by the
provisions OF that instrument be vested in other hands
Now, to what does that term 'nleror" relate! is the
question before the House. Why, sir, it relates-and
have distinct definition but in that reation-to
the first; to wit the Secretary himself. Once determine
that the First Assistant Secretary is not inferior off,
.'inI, ior' to rest, Who shall say that Second As.
sisial Secretary is an inferior ofceri II we depart
from the plain construction which, to my mind, is SO
sslden that nferioTy has reference only 10 the first
wit, the heads OF deparmenis-we thrown upon a
OF construction by which constitutional rule OF one
character may be established today. and constitutional
rule OF another character Tomorrow
Look 10 the specified in the constitution where
the concurrent action oil the Senate is required They
are ambassadors, ohsr pablo ministers and consols
Judges OF the Supreme Cour-oices The superiority Of
which is al once recognised. But the Congress may
by law vest the appointment OF such inferior officers,
lbeythnk proper the Presden, alone, in the OF
law or in the heads Of apartment"
The incumbent holds under law vestng his appoint
ment in the Secretary of The Treasury. the head Of his
department. He 10 subordinate or ''ineriorp to the Sec
Rotary. and is already within The constitutional mita
lion however important bis duties may be.
Mr. BAYLY, OF Virginia. would ask the gentleman
whether the collectors al various points not sub.
ordinate TO the heads OF departments and WHISTLER his
construction would not bring them under the head OF
infenor ofcers And lei me alse ask him whether, from
not been required TO make appointments of those Of
hcers, and they have not been confirmed by the SEN
ate
Mr. PHILIPS. | will say, in reply to the gentleman
from Virginia, that collector is the first in hs office
He has superintendent there He has the sole control
oil H. and therefore within The definition assigned
Sc much, cir for the cons,i,uonaiiy OF this measure
Nov let me say few words with reference 10 the ex-
pet,ency OF the measure which IN before the House Ii
proposed 10 take the appointment OF the First Assist
ant Secretary OF The Treasury from The Secretary, and
TO give II 10 the PRESIDENT and this is TO be done upon
grounds which denounce The past action OF The govern
meni and the pas action OF these officers, illegal and
unconstitutional Tor one, am not prepared lightly 10
admi, prem,ses which lead 10 such a conclusion
Sir, am oppoeed to making this change. There is GER
family reason in favor OF IL and tina, 49, that VI other
ohcers OF the same character appointed by The Pres
dent 1t would be consistent that all should be APP
pointed by him. But, in consld Grafton OF all the ques
tons involved IN H. am opposed 10 The change Ii any
gentleman OF experience in the House than myself
would bring bill TO give all the appointments OF the
various departments To the heads OF those departments
would give il my hearty vote and concurrence, and for
the thai 1t would promote the unity OF the depart
meni ~ connected with the responsibility of IT, When
the President appoints chief of OF these depart
ments should he tor permitting The Secretary
the responsibility OF appointing such subordInaies as
would in his opinion, perform The dptes assigned them
in the very best would place the responsibility
upon him. and throw IL upon the President and the
for the faithful discharge OF The duties Of the Offices
which placed under bis supervision. For these
sos shall vote snst the bill before The House
blr. WENTWORTH. of illinois What Is the propo-
sitien now pending
he SPEAKER. To refer the bill TO the Committee
OF Ways and Means.
Mr. WENTWORTH Has the bill been read in the
House to-day
The SPEAKER II has been read first and tscobd
Time and an amendment has been proposed
MI. WENTWORTH. IL is, OF no use 10 attempt 10
dsru,se The issue involved in this bill presume there
not IN ndv dual this House no really doubts
- aimed st the Assistant Secretary OF the Treasury