The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-30

this county that officer by law has any vested
interest 10 his oihcc You may make any change you
pIease aud be has y legal right 70 complain II addl,
tonA duties increased responsibilities are Imposed
upoA him. he cannot decline either. The question has
bees decided. again and again. that il an Office s created
by lev, you may BY law impose as many additional du
lies ~ you please upon the incumbent, and ne 70 com
PEELED 70 perform them or resign hls once: when an
Office created by law you may change the tenure or
change the mode OF appointment But u y not 30, !
admit. this respect. when the office is created BY The
rons,ut Aud desire 10 call the attention OF The
commitlee 10 The distinction draw.
ldhe case where an office 10 created BY the cons,lt1
,oH, and the mode Of appointment is iheen prescribed
his duties defined, and the tenure liked, you canno Dy
law change either the nature OF the otce The mode OF
appointment or the tenure but where ,hs once Cas- ere.
The authority either 10 change lis tenure TO modify is
duties. or 10 abolish it altogether. L.
Mr. PHILIPS. viii lhe gentleman from Virginia
allow ask him another question
! Mr., EAYLY With great pleasure
Mr.. PHILIPS Does the gentleman contend that II
dent, ard tina, the appointment had been made. that
subsequent Congress could nuly or Iescind tue ap
pQinmcnt, and direct new appointment Nv new
mode
Mr.. BAYLY. Upquestionably Tha, is precisely what
maintain; and II il be irue that IN the case where an
appointment, authorized by an act OF Congress, has
been ade that the Office is thereafter beyond It's control
Congress cannot repeal an act which II itsei had
passed
And here allow me 10 remark is the orgia OF my OPP
after" That "hefeaer rests and rsrS only uon the
soundnes OF the views presented by the gentleman IRON
Alabama. Mr.. PAILIPs II The officer has any Vested
INTEREST," will not the word "esate"-,hen
hereae would be eminentY proper, because you can
NOT leg,sae retospectvely IN respect TO interests But
have vested interest in this country in Offices OF
any sor,, except those offices which during good
behavior and which, BY the constitution, beyond the
pale OF Legislation, dislike that word thereafter" as
an amendment it is an anti-rcpuolican amendment.
There no popriely in the OF that word thereafter
except upon the supposon that this officer has vested
interest, respect 10 which yoa ought not 70 lexlsate
retrospeciveIy. There great anli-repubcan prlncl
pie volved in that lttie amendment "hereaer II il
proper hereafter, why ], mol proper now There can
be but log ca given 10 that Inquiry and thai
s that this officer has vested interest which you ought
not 10 touch.
Mr. Chairman, my friend from Alabama. mir.
PHLIPslfo although our acquainancs 10 very recent,
lnat may be allowed to refer 10 hun IN that way
did me no more justice hen he gave credit TO my
thai The part had taken IN this transaction
not thinking OF the Assistant Secretary IN any
y. ether in regard 10 bis holding his present position,
TO his rejection Sir II were capable OF coming here,
aad. IN egsailng in the passage OF lave su1sr mysslf
TO be Influenced my conduct ~ an American legislator
ny personal considerations IN giving my vote Tor the
passage OF any law with The view merely 10 the effect
such law woul have upon any individual instead OF The
eject il was have institutions and the country
al large. should feel such contempt Tor myse that
should be ashamed TO look my own children IN The lace
So lar as am concerned, have no hostility 10 the As
Secretary OF the Treasury. or TO the administration
The Assistant Sccfeary of the Treasury is my friend
| have Transacted business with him He ls, as l said
the other day, able and efficient officer and ii he
has not taken the fancy, ffom my ,ndependeot conduct
here as representative OF parl of Virginia. thai have
been actuaed by private feelings, and have forgotten the
ire ndship entertain ior him. would advise hun. AZ
iend, 10 counsel his friends not by any thereafter 10
shield hun from the operation, or by any other acton 10
prevent the passage oi this law do not know that he
mas felt liberty 10 interfere. presume he has not
though know nothing on that point. But u he las m
teered al ALL and Il he 10 the maa take him to be- his
interference has been to shield himself by "here
after" or to subject his successors an ordeal from
/ lvh M he hins ali L n
ate is going rsec, Mr.. Washington do not want
them TO do II for any factous purposes
utterly discaim any other motive in this whole mat
ter than desire proper guards and restrictions
pull uon appointment Of all officers. aod especially OF
one who s TO stand in such positlon as this. ] am
only anxious that this important ocer who IS 10 be IN
some respects equal check upon the head OF the
department, shall be not merely confidential friend oil
the Secreary but one upon whom the President and adj
minis,raiion depend, and IN whom the Serae-the
cbeck ing power OF the aoyefnment-can conhde. Talk
aboa opposition TO the administration Why SIR, what
was the ground which all OF us took IN our canvass
Denuncistion OF alphn,sm--denuocal,on OF corrupt
cont acts and schemes OF all sorts The wings were ac
cused OF favorng these things II SAID thss their pa
tuosm like the fellows IN the play, who was Tor
81 .uier to the camp win be- and profit will ensue'
| That is wha, the democrats have been saying all
III tough the country with regard to the GaphIni,es
| Nov lie, me refer my friend from Alabama 10 some
provisions Of law connected with this point. He says
that assistant clerks inferior ocers and tha the
Assistant Secretary OF the Treasury - one OF them
Well now law. passed in the earlier days OF the gov
erDment, prohibited everybody in the department, from
engaging in business, contracts speculatons oil any
sort. IL IL in these words:
THAT person appointed any Office instituted by
this shall directly or indirectly, be CONCERNED or inter
carrying the business of trade commerce.
bs owner Whole part any vessel purchase
by himself another for him, public lands,
other pa bic property OF be concerned IN the purchase
posa o. any pablo sccaf,es OF State. OF the
United States take apply his emou-
of negotiating or uansacng bu Inc - in
the said depsr tmen other than what shall be allowed by
ions Of this act he shall be deemed guilty OF high misds-
and orfc to the United States the Penalty OF 3D.
0O0 aud shalt conviction. be removed from office.
and thereafter DO incapable OF holding any Office
der the United States !"
That "a the law as il was originally passed Subse-
queny repealed to the clerks except in cases
OF tue funds of 'he United States Of any State or in
any kind OF pubic property bat ~ 10 nobody else II,
then the Assistant Secretary OF the Treasury, who is
all letters. and warrants, and decide
on them, cIefkif my friend from Alabama 10 right
IN this respect, then there legal restriction hun
except the rel erred 10 by way OF exception He
who TO examine aud virtually conclude contracts may
| be ned in them.
Opposition 10 this law is no, administration after
deny il until somebo sy has authority 40 TO speak II il
in opposition TO the principle which the last
presidential canvass conducted. and the ground
which the democratic party has always pofessed to
cupy. :.
much the load OF labor that very kind friend OF
mine in the Senate has unntentonally thrown upon
Here early in the session. when wanted to be studying
foreign affairs. IL my duyths kosz'a case, the
Amstad case what Is going on IN respect to Coba-ny
time has been taken up nnocenty, and without expects
ton my part. in discussing question OF the sort now
before the committee had nothing TO DO with the get