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



or VIRGINIA;
Delivered in the House OF Representatives, December 20.
1883 The House, IA Coinmiitee OF the Whole on
the state Of the Union having under consideration The
committees
Mr.. BAYLY rose and sad
am as reluctant any other member of this House
TO obude self unnecessarily upon It's attention, but
believe that the law OF Parliament 10 precisely as the
Chair has decided II aud hat is that ne Chair ought
aot have let hold the floor it another member was
competing for il who had not spoken upon the subject un-
der consideration but there was nobody else compe-
tna for ii in this case had right the floor to
amendment, think the Cnar has decided nshy. Bul,
nnding so much difficulty made BY the gentleman from
Alabama, Mr. HoUsToE,l had determined TO say moth.
ig ii there ndspostion on the pait OF the COM
mtee 10 hear me but the committee have shown no
such disposition, snd thank the committee for lis cour-
i~sy ,o~igx 10 sa tes .s. asks IN rspiy 10
tne (, n,ien,an IRON Alabama, tMr PHLspsl
beg to say TO the committee, in The rsgnning, that
there nothing In the world that gives me more pleas
ure than argue question with gentleman who pre-
SCENTS his viewsin the manner the gentleman froR Ala
has DONE There fairness in his statement
oi the Arguments OF hls opponents that hoted
ence in the correctness OF his views and his positions
which made il unnecessary tor him 10 shrink from fair
argument, and attempt TO get advantage In II BY mis-
-tai,ng tie points al ISSUE He aud understand each
other perfectly There IS no qaibblinK about wna
Sal the other sald We have both looked at The
que stlon. and We both know precisely what II is He
stated the case correctly when he SAID that maintain
the queson OF ineuofity ~ this case IN my view, de-
peaded upon the Character oil the duties be- performed
his view, upon iact OF nete benx superior Of
hia po-luon hat the issue uisnncy presented He
maintains that 1t the officer hss superior iien he
inferior" MAINTAIN that, view OF this clause OF tue
constitution, the question OF nlcTiofy depends upol lhr
character OF The nDes 10 be performed repeat, tina; is
toe issue and TO II l JesIe 10 address my sell.
Aud FIRST, wish 10 refer 10 Tue preceiens which the
geneman has quosra, and Which should nave quoted
'nysei yesterday, If had not under ih,s miserable
straight jlckei houftue felt that cranptd. ami
hai mol room enough 10 h.eane freely. He has
isusd 10 the laws apsh as the various dep fnenls
o she government; snd ne that all those lave
tne Ghief clerk IL dsnoained An 'nfvor Officer" and
HIS appointments conferred upon the pnncipal ottcer That
20; out II proves nolbID. against the be
t.reu the ge, teuian and myself unless he show
grade those oi lbe Assslaut secretary OF the
Treasury. What are the duies which The law defines
as HE duties OF that principal clerk MOI word giving
0im authority Of any sort lie is 10 be employed the
Secretary shall deem proper and ia the event Of ths
removal OF the Secretary or vacancy from any Other
cause. he IS 10 lake Gaze OF the records With that
gle exception, his duty is 10 DO the bidding OF The Sec
rttay Truly. such an ohce Was properly designated
Inferior office.
II is true, that in OF the death, resignation,
mova oil The Secriay he Is 10 take care o the records
but be Is given no authority over them He is merely
keeper oil them. He is naie, il were, watchlan
tie IS 10 see that The records as lett by the removed Sec
feiay, are IN the condition WHICH be lett them when
MS successor comes IN. he touch thing; AMI
tGiDk there is great ptopeiy providing hai this pn-
cpal CLERK, who bY law has no authority OF any sod
ms apponee and cDi OF The Secretary, shall be mad,
the custodian IN case OF vacancy, the records
think this authority against the gen leman for
reconcile, with any proper OF angusae, The lads
cnmibate appcaiiOn OF The term nrfiof hcer 10 such
an ofncer as this, and 10 such The Ass slant
Secretary of the Treasury. And beg leave say tba
IN my opinion, Congress has been guilty oil sich mis-
use OF terms; tor IN no instance NATL hnd they
applied The application 'nieIlor Officer 10 eihcefs OF The
gfade OF The AS, saBt Sec,eafy OF the Treasury Then
use OF u IN the case OF such orie have hesl
speaking OF, aud the omsson 10 1t The OF OF
hcers OF The grade OF the A~,an Secretary OF the Treas
ufy, shows mat ,tey thought applicable III The one
case, but not 10 the other
The genteo.an, however, in his very able and ucid
argument, reerred 10 the iAct that Assistant Secretary
oil the Treasury Wa provided tor III the law ri 1859. IL
is true the orcer called the Assistant Secretary Of
the Treasury, but tie law defined his duties. We viii
not stick upon toe dfsigna,ion OF ocer, Tor all
along my Argument has Deen that wss tue character oil
the dulles which defined The grade OF the Officer II that
be 70, II is immAlerai BY what name he u called Wba
had that Assistant Secretary 10 do He was, go FAR
dnies were concerned, just The position Of principal
clerk in the other depsrtDens and. ike ihem, he had
no specific duty ass gned him, except IN oil vacan
cy and then he took Of the records He had dis
cetion OF any sort, and was, fact, nothing, lar
bis duty 10 take OF the records 10 concerned, but
wachnan- And, as inferior as his duties were, al The
next Congress the office abolished, and a commits
soner OF The revenue substiuied and the law provided
'or hs appointment by the President and Senate.
Inc gentleman refers 10 the clause OF the constitution
which empowers Congress In {" constitute tnbanais ine
rlor To ihs Supreme Court" And he argues that thai
clause fixes the meaning OF the word uierio and shows
that there but two cisssssihs principal ofhcer and
IncnOrs Mr. Chairman, th,pk the authority - against
the gentleman. Ia that Clause the standard oi com,ar-
son is fixed" inferior 10 TIE Supreme C0~t" But IN
The clause uade consideration The standad Is not, IN
terms, hxed The language OF the clause is not, Con-
Srsss BY ias vest 10 The President alone. and heads
oi departments, officers sn0ior 10 tism 1t seems 10 me
that the VARIATION OF the form IN winch the word ne-
nor 10 used IN The two clauses sho that the consiiu
tion con.mp aes different raadaras OF compsrson. The
test of lnerofty IN one clause rs relative and IN The
her positive In The one, the relation 10 the Supreme
sur, the other 10 the character OF the dues 10 be
erfofmed u lheGrade OF officers did not depend on he
character OF the duties they had 10 discharge and the
principle were oiherwIse let where u would lead.
In Official position every officer tne United States IL
nericr 10 the PfesdeDt. He is the Commandern Chief
OF the army and navy OF this Union. There IL not
man IN either The army the navy @ho s not Inferior
to him under the genile,nan's standard Will anybody
tell me. wnh know edge OF The jealousy which pre-.
vailed OF the military nj the origin OF this government,
that the convention which framed the constitution ever
contemplated that servile Congress mgb confer upoa
the President alone the appointment OF every ocef In
the army and nssy'
II the gep,lem,n's construction be right. they are ali
inferlor because there IS a superior | MAINTAIN that
they niegoT he character OF their du
ties lakes them ou OF that category The geatemans
construction would pu; in the power OF Congf.s- to
confer the appointment OF every otcer IN the UuI,ed
olhef public AID con-ui- and idses ot the Sa
preme Court And yet, az showed the other day, when
~ proposed The convention sbch framed the
slulion reque concurrence OF the S-nse orly in
insse cases, voted Gown Gao anything ne more
conclusive The genteman'- construction would give
the President such Of pat onage in prospect a.
to erabie bim with .pos s-ek'rg Congress, TO pro-
cure the PASSAGE ot law eonfernng The appointment OF
every officer he Unled Sisies-wth the exception oi
those mentioned, who hare no patfopase-upon him
alone and the law baving passed, ne would have IN
possession such amount Of patronage as would pre-
A -. .I,f1A