The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-29


menlass. yell 10 the judgment Of the nation. they have
never iisen TO the dignity OF statesmen.
The gentlessn Iom New York, upon another subject,
il seems me, INDUCED 10 very cafping spirit in refer
ence Nj Marcy's celebrated exposition OF the kotzs
difficulty As understood him, he complained that Mr..
Marcy did not 30 lar enough IN yindcating Koszta's
Ign TO citizenship under The municipal law aud the law
OF nations, bul should have claimed il by virtue of the
law Of reason and Of Justice. Now cir, il is certainly
novel idea be bfoachtd upon this floor that citizenship
be acquired BY any other than by law CHI
xenshp is the creature OF law-of municipal law Ii
has It's creation there; and il lives only under the condi-
lions and limitations which that law imposes.
do not stand here to vindlcaie the argument of Sec.
Teary Marcy That Argument is self INDICATED in the
eyes OF me most eminent luriss and in the hearts OF
people. II this 10 the force of The genemans opposi-
toa. tell him that his attacks will pass by the Secretary
= as The idle wind. which he regards not" The sword
oil ingIaIam and the pen OF Marcy destined TO Joint
Passing thus briefly over these topics come 10 the
question which has been removed by the gentleman from
Virginia [Alr BAYLY IRON The House. where lis discus.
sion commenced. and where. think. it would have
been most appropriately terminated With the indulgence
Of the comml,lee will devote few remarks to lis con.
sheraton; Tor, involving as does. the consuc-
ton OF the constitution OF the United States becomes
at once OF the highest dignity and Importance
The gentleman from Virginia. in the opening of his
remarks yesterday told us OF learned French phoso-
pher VINO knew everything except how TO dance, and
yet It was the point where he deficient that
be was most vain and he surmlsed that probably the
Frenchmans case was his own, and that be might be
most deficient in constitutional reading, while this the
precise subject on which he most priced himself
say 10 The gentleman, that he need be under such
apprehension and though ana satisfied that in this
gunent he is aborng under great error yet his repnta
ton constitutional lawyer will remain unarnished n
for Jupiter himself is said sometimes mods and per-
haps The gentleman may yet be frank enough acknow
edge that Tor once be has been caught mapping Laugh
Ter
concuring action of the Senate in the appointment OF
ambassadors, other public ministers and consu!s,
Judges OF the Supreme Court, and all other officers OF
the United States whose appointments are not herein
provided for and which shall be established by law but
The Congress may by law vest the appointment of such
inferior officers they think proper in the Presden,
aone in The of law. in the heads Of depart.
ments."
The gentleman from Ohio lMr. DIsNEYl expresses
great surprise at the construction which have given
The term inferior officers" and while he strenuousy
insists that the OF ls49 which the appointment
OF Assistant Secretary in the head OF the Treasury De-
partmest, is unconstitutional, NULL and void because
such Assistant is inferior officer - he athe same
time admits that general rule be laid down, but
that each mus, be adudged arises and accord
ing TO its peculiar character ard circumstances.
Now, this admission shows most concusvey that the
question, Who inferior officers !" would, in the
view OF the gentleman, be question resting rather on
legislative administration than constitutional power
Tor the constitution operates as law and its rule must be
certain and invariable
II understood the gentleman from Virginia Alright he
considered 1t republican and democratic call in the
Senate much possible the disposition of the ap.
poinments. Now, sir, as read Mr. Madison, he looked
upon the division and distribution OF powers and the sep
aate and independent existence OF the several depart
mens, most conducive TO the preservation Of liberty
and the proper administration OF republican government
is for the legislative department 10 create the Office
assign its dules limit lis duration, and regulate the COM
ponsaon TO the executive department, charged with
the faithful execution OF the laws theory, belongs the
appointment OF the officer. So far from Mr.. Madson's
fayorng enlargement Of the senatorial
bis language. in the debates OF 1859, was 81 did
that SO far the constitution gave branch
OF lie legislature an agency in this business, that, BY
any was one OF lis most merorous parts; but
lar gone confess would be as unwilling 10
asrdge the power OF that body TO enlarge t"Lloyds
Debates.
Coming now to the specific question: whether the act
oil lo4v. yestng the appointment of the Assistant Secre
iary in The head OF the department. is constitutional be-
ing nferor oicer In the OF the constitution,
the gentleman from Virginia finds himself driven to the
alternative OF mantainng that whether the officer
feror superior depends upon the character of the u
ties assigned TO him. ia the other hand maintain that
'inerior, in the constitutional sense, is mere cues
ton Of relation and signifies that the officer subordl
nate or secondary, In common parance, the definition
OF the gentleman from Virginia may be correct but in
constitutional construction il can have foundation
whatever
The constitution the word "inerior'' but three
times-hrsi The clause already quoted and twice in
the first section OF the third article, which declares thai
"he judicial power OF the United States shall be vested
IN one Supreme Court and IN such irsor courts Con-
gress may from lime TO time ordaln and establish. The
judges both OF the Sspreme and inferior courts, shall
hold Their offices during good behavior &c Now, sir,
can the gentleman contend that the constitution had any
reference TO the character and dignity OF the duties TO be
performed, when il used the word nferior' appca
Bile to the which be established by law
or IL II not clear that the term but OF relation or
comparison, indicating that they only subordinate or
secondary to tbe Supreme Courtl
Dir. bAfLf, (nierfuptng) III The gentleman will
allow me word will take but moment OF his
time. Yesterday allowed myself 10 be thrown of from
some remarks reply those advanced by The gentle
man from Alabama, and did the whole ground
OF my argument. meant to have used that very clause
OF the constitution in a different sense from which the
gentleman il. The clause which he refers says
that they shall establish courts inferior the Supreme
Court They are inferior TO the Supreme Court Let
- AJAX the gentleman a question here. Can Congress
vest The appointment OF the district Judge in the Supreme
Court without the concurrence OF the SeDatel
Mr.. PHILLIPS The gentleman has not quoted the
language oil the constitution correctly, though he has
the true meaning OF the term inferior Will the gentle
Tell me that the courts OF the United States, in which
the great body OF original jurisdiction is vesed-cours
which over the whole of vast country now ad.
miniAterng laws which involve the property, liberty,
and lives OF the citizens of the United Stses--are lin
feror" in any other than that OF relation or com
parsons Surely he will not.
In reply 10 the question OF the gentleman, will say
that recognize constitutional difficulty in vesing the
preme Court It would address itself 10 the natioaa
legislature - question OF proprety, and OF power
M. bAfLf. (interruptng) Will the gentleman al
low No to ask him question: II my interruptions are
n al dsasEeeable, will make them but should
like 10 ask single question
Mr.. PHILIPS OF course cannot get on az smoothly
with my Argument II frequently interrupted but still
cannot sefaee 70 yield for perinsn, question.
at bAfLf. Can the appointment OF clerk BE- vested
Mr.. PHILIPS Undoubtedly il can. Sir, il appears TO
me have fully established that. 40 lar the cons,ltu
tonal sgnihcAnce Of the inferior can be gathered
from the constitution itself that ii has and no