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


ossrs who - yss,ed with power Of dserston.
who are msN ministerial agents. and can but execute
AK II The Assistant Secretary OF the Treasury who
j. vested with high dse,slionaIy power 70 70 % con-
Can any other construction be given by unbiased
10 that section oil the constitution which have
sia MAJ a Iss Cd. upon The gentleman from
Ohio Mr. DpREY) for information. wish TO ask The
gentleman whether the Assistant Secretary OF the Treas
ary can do any for which he not subject the
entire and complete direction OF the Secretary Of The
Mr. DISNEY The question is easily answered |
do il by asking anolhsI Can the Secretary OF the
Treasury himself be party hardly any act for which
be is not subject 10 The order and control OF the Pres
denti
Mr. DISNEY The officers OF the government are all
inferior the Executive and, according to the argu-
ment which we have heard they all inferior officers
within the meaning OF The constitution and thus every
officer in the repubc-the President and the officers
specially enumerated in the constitution alone excepted
is inferior officer. and his appointment does not
require the advice and consent OF Tue Senate In my
judgment, the true construction OF the constitution per-
lecily plain The constitutional rule IS 10 require the
advice and consen, Of the Senate in the appointment Of
all the officers OF the Untsd States The exception is
regard those inferior Ulcers who inconsde.ab
in point OF importance Toe Assistant Secretary of the
Treasury 10 not OF these. He does not under
the exception, but under the rule As | said when /
arose. had intended not TO mingle in this debate but
the singular construction given 10 our organic law
has impelled me to these remarks.
Mr. JONES, of Tennessee. | intend to ceain
the House hut minute two in relation TO the
amendment suggest that we make this appointment
subject TO the decision of the Senate In all hefea
ter simply for the that the existing officer was a-
pointed under the law ii Stood upon the statute book
AT the time Of his appointment. lis appointment was
perfect and complete and do not think that justice re-
quires permits, TO subject that officer, whose
appointment was perfect and complete. another and ad
dilional appointment In my opinion, the States would
have more right TO prescribe new mode OF election
fer any member upon this floor, aud recall him home to
Try the result OF another election for seat here lhan we
would have to change and alter the appointment OF this
officer il under the law That IS the only
reason why am in favor OF the amendment.
believe myself the construction oil the bill as It comes
from the Senate would justify the sending OF the
Of the Assistant Secretary of the Treasury 10 the
Senate for combinations but as there seems 10 be a
doubt about the matter i is better 10 have settled, and
let say whether IL shall be prospective or Retrospective
action Ii The amendment offered by the gentleman from
Alabama shall be adopted there be mistake about
liz operation II will then operate upon all appointments
hereafter be made. Gentlemen who have been here
Tor some time. and particularly my friend IRON Virginia,
MIR BAYLY, seem 10 have forgotten when and how this
Office created The law creating The Home or lnte
ror Department was passed by wing House, il not a
wing Congress, upon The last night OF The session which
closed on The 81 OF March, 1s49 When the
here, il had not been printed, and do not believe it
mad been read by member OF the House., unless,
perhaps, BY those constituting lhe committee who re-
ported it, cay it brought here, and, without being
referred TO the Committee OF the Whole on the state of
the Unon-whout being discussed--lt was passed on
the last night OF the last session Il think II was) OF the
Mr. BAYLY. OF Virginia Will the gentleman from
Tennessee allow me 10 correct his statement
Mr. JONES. Certainly
Mr. BAfLY. The gentleman Gays seem to have
forgotten the circumstances under which this law was
passed. Sir, have not forgotten them. On that occa-
SION, on most occasions. the gentleman from Tennes
see and myself acted together. opposed the law and
being opposed to lis enactment Su showing that una
9fily OF the House in It's favor wished 10 leave ii
as weak as it c-uld be lett.
Bui il The gentleman will refer the legislation OF sub
sequen Consressesf he will refer 10 the legislation of
the last Congress--when he himself possessed AS he
deserves TO possess, large Influence on tie Committee
OF Ways aud Means in relation 10 the Offices OF the As
sisant Posmasiers General registers and receivers
surveyor general for California, Assistant Secretary Of
State, and the additional appraisers general, be will hnd
that ~ every one OF these INSTANCES me
feature against which have argued IN the law OF lsl9
to which he has REFEREED corrected, except IN the
OF the Assistant Secretary OF Stale, where the oms
sion no, corrected, because not made the law
creating that officer having undergone the careful super
vision OF the Committee on Foreign Affairs OF which |
at ba, time the chairman. But such has been the
uniform action OF Congress IN reference to the Assistant
Postmasiers General the registers and receivers the
surveyor general ior California and the additional apprais
ef general
Mr. WALSH. (n,errupnng) / rice 10 a poin, OF or.
der. As there has been good deal OF out side talk
which do not pretend 10 endorse the pfescrpve
right OF Vuglnians hold Office, wish know whether
they arc TO enjoy monopoly OF the spesking in this
Housei would like 10 know how often one gentle
may be permitted TO tpeak upon the same question
The SPEAKER The gentleman from Tennessee
tMr JosEs1 entitled TO the floor, but elded the
gentleman IRON Virginia for the purpose OF explanation
Nit BAYLY, (tesumIng) | do not desire TO inef-
rup my friend from Tennessee and will do so only for
moment mean, however. to say, that during the
las, Congress. in which my friend IRON Tennessee
so deservediy an influential member. the action OF the
Senate provided tor in the appo nmens 10 the offices
OF Assistant Postmaster Csnera new registers and
ceivers surveyor general Tor California Assistant Secre
tary OF Stale, and the additional appraiser general
Mr. JONES ! am in favor OF having this officer pass
the ordeal OF the Senate but shall TO make the
law prospective, and not Retrospective. have refer
snce TO Mr. Washington whatever II is not necessary
upon this occasion Tor 10 wha, would have been
NY II had been consulted or had had anything
TO do with his appointments but say that justice
qures that when laws are passed-yes, sir In all cases
their effect should be prospective and not retrospective
and IL for this reason, aud this only that upon the
present occasion shall vote TO make this law prospec-
tive only in lite effect, My would be The no
matter who was IN the Office; no matter whether he
were my political friend opponentwhether my per.
sona fnend or adversary--l should vote in the zane
manner
Sir, reference has been made by the gentleman from
Illinois, Mr WEsT~oHTHl particularly TO The Commit
tee OF Ways and Means, and TO The power winch he
thinks that committee exercise. tiis air. position
as none know better than YOURSELF which the individual
who now addresses you never desired. But think the
gentleman has wholly msconceved the pow and du
ties OF tina, committee II that committee SHOULD grasp
all the power OF this House. perhaps they may bring their
recommendations here but gentlemen should remember
say 70 Their being passed " that will confne
itself 10 It's legitimate and prescribed does the bers
OF ", as such, viii be the dfudres OF tbis House
what are these dutiesl To originate for the
action Of this Housei BY no means, in my OPINION
The great duties assigned TO that committee, and which