The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-29
CONGRESSIONAL.
SPEECH OF HON. +. II. BAYLY,
or yIRCINJA:

or VIRGINIA;
Delivered in the House OF Representatives, December "a.
1853. The House, AZ in C0mmiltee Of the Whole on
the stats OF the Union having under consideration the
reference OF lhe ffesldents message TO the appropriate
Mr.. BAYLY. OF Virginia, said
Mr.. Chairman: have something TO say in reply TO
The latter part Of the gen,emsns Mr.. WRIGHrsl argu
ment Considering the character OF the speech which
was made Yesterday by The gentleman from Ohio. Nj. |
GIDDlkGs could not be diverted from reply to that
speech and be Led of mo an argument Of ihe question
which my friend from Pennsylvania Mr.. WRIGHr] al
uded 10 in The latter part OF his speech were inot that
consider the subject TO which the gentleman from
ONO INT GlDDIsasl refers ss matter of sasa E grave 70
br0aght before this House upon report and bill from
committee when The subject could be discussed with
reference 10 the subject ITSELF without entangng i 10
The loose suggestions which have been thrown out in
This debate.
undsrook. the other day, when the bill from the Sem
ate came down here which required that the Assistant
Secretary of the Treasury should be appointed by the
President and undergo The supervision OF the Senate.
express the opinion mat The constitution requires that an
ofhcer OF that grade should undergo that supervision.
was little rdiculed for my remarks. Just as ex
pec,ed, for the House will recolec, that stated that
whenever there WAS point made in respect to the con-
sution OF the United Safes. especially il male by
gentleman from Virginia. this House dsposed to rid
icue IT, There was French philosopher Of great dis
tinction-l have forgotten his name--who never iell
compmented al all any laudatory reference made
to his writings he could not dance, but was always
exceedingly graiihed II any compliment was paid 10 his
uancng In other words, il the precise capacity III
which he was most deficient OF which be'was most
vain and that may be my case. Now, above all things,
should like to he considered as understanding the
siituon; and i may be that am like the French
9rter-most ambitious Of applause for that do worst.
But cannot help it, When do make point upon the
constitution and gentlemen treat it lightly, do feel lit
Tie sensitive Like The Frenchman perhaps am going
10 vindlcate my dancing. Laughter
The language OF the constitution OF the United States
to my mind is very plain
"The President shall have power by and with the ad-
and OF the Senate make treaties provided
twohirds OF tho present and he shall
nominate, and, by and with e advice and of the
consus judges OF the Supreme Court and all other Of
ncers OF the united States whose appointment. no,
ished by ay but the Congress may by law the APP
poin,nent such Inferior officers they think prop
| heads OF departments"
Ia tbs draugh OF the constitution under consideration
in the convention al the time reer TO, there only
The first part OF the provision that conferred upon the
President he right io>nominale, and, by and with the
advice and consent OF the Senate to appoint ambassadors
and other public minister's and judges OF the Supreme
Court and all other officers whose appointments not
herein Otherwise provided for, and which shall be eslab
lished by law" II The constitution bad stopped here,
therewoud have been no difficulty. We all know who
The officers whose appointments otherwise pro-
vided Tor by the constitution. There but few o
hem First, the President OF the United Sates the Vice
President and the members OF Congress. The mode OF
their appointment by election aDd their mode Vi APP
pointmen otherwise provided or. Secondly. "lhe
House OF Representatives shall choose their Speaker aud
their other oceTs and they shall have the sole power OF
impeachment.' That is clause Of the constitution
which of late have been forgotten but il 10
the constitution: The House OF Representatives shall
choose their Speaker and their other officers" 1t
with respect 10 that matter, however, that there are
others than the House itself 10 be consulted
Tho Vice President of tho United States shall be Pses
dent OF the Senate but SHAH have no vote unless they be
Ths Senate ,h. choose their other officers and also
Preside in the absence OF the Vice President
when he shall exercise the office OF President of the UNI
ted StAes."
| That is one OF those provisions which seem to have
been forgotten, ALSO OF lac but II IN the constitution
With these exceptions, there other oticers whose
appointment s otherwise provided for in the constitution
than in this clause.
! II the clause n the constitution bad remained as II
originally was, as have already said, there could have
been dhculty But the last sentence OF Il, as now
stands was added, and lei US with what view.
When the question OF the mode OF appointment came
under the review OF the convention which framed the
constitution, there diversity OF vews In respect
10 requiring the concuHence OF the Senate There were
three distinct parties that convention in this respect
One party desred provision 10 be made for executive
council, TO whom should be referred appointments Al
efwards proposed that The Senate should act ~
executive council and should appoint oil the ocers
from the Judges Of the Supreme Court down. There
another party which desired this power TO be conferred
upon the President exclusively; There was also third
party in this respect which desired the oi
the President Senate, who insisted that the direct
sponsbiiiy OF The nomination should devove upon
and security be insured by requiring The concurrence
OF many
Prominent among the members OF that convention.
who the concurrence OF the President and Senate
were Gouverneur Morris and James Madison, the two
who undertake to say, of all olhefs are entitled to
be reg arded the trainers Of the constitution Msdi
the most active among ia constructors and Nor
rs put into form Is phraseoloey and form are prin
cipaIly the work OF the latter gentleman. say there
fore, that these two gentlemen, OF all others. may be
have understood what the convection meant
in the Language used by it, II there any two gem
emen who. more than others. may be regarded a.
ihosiiave sxponenis OF the meaning oil The convention
IN forming that instrument, they are Gouverneur Morris
and James Madison. Well air, when the subject oi ap-
pontsent was under consideration Dr. franklin said:
We seem too much fear csbaIs in appointments by
number and 70 have much condolences in those Of
slngle persons Experience showed that caprice the In
gues tavores and mtstrcsses, were nevertheless the
prevalent in monarchie Among instances OF
abusc IN such modes OF appointment. hs menuoned tne
bad governors appointed In Great Britain fot the
colonies. He thought council would not only be cheek
upon a bad President. but relief to a good one
MIR. Madison sad:
.'That as the branch (he Senste) very diff
feren,y when the appointment OF Judges was
referred 1t, and now 10 be composed OF
all hs SAtcs the principle Of com pronse
f,h. there should be concurrence ot
two authorites-ip OF which The people, In the other
the States should be represented"
The President being referred TO "A representing the ma
ton sl large and ihe Senate representing the States
he went upon the idea thai IN making appointments
there should be concurrent assent OF these two eie-
men,sthe people and the Staesas represented by The
Pre-'deni and the senate. 3l
Well sir sub.eqasnt 10 that, when the provision in
respect 10 appointing officers up again. Mr. Wilson.
of Penasy vania, objected to allowing the Senate any
participation in confirmation or rejection OF any ON
cers lie thought that responsibility would he de-
soyeJ, ia manner. by allowing such an agent aa the