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

Senate 10 be . perpetual body--that il would re-
qdre them be constantly in session to review the nu
Of AGO. couniry Ike ,his. would Be- constantly required
King replied to this objection. and sad He differed
from those who thought the Senate would SIT peFpetu
ally He did suppose all the minute officers were to
be appointed BY The Senate or any other original sosrce
but BY the higher officers OF the departments to which
they belon< To carry out that idea. i was novel,
to call attention the fact. that the gentleman upon
whose motion the second clause Of the section under
consideration added the very man who insisted
upon the action OF the President and Senate
in all appointments, to secure the responsibility ol
the Presidents nomination., and the "secury" Of the
Sena!es review Welding e soWs extent, to lns ooj1c
adding the exception to the rue my friend from ONO
lMr DIsSrYl argued j was the other day
Ba. The ooasr... may BY aw yes. The appoa,nssn.
dent alone in the courts Of law or the heads Of depart
ments"
Thus we have clearly before US the views OF the
trainers OF the constitution in respect 10 the appointment
OF officers Their frat wish to have the response
bity OF the nominating by one man, and the security OF
he review Of many in every case But i was urged ths.
this would keep the Senate in perpetual session. To
obviate this the clause added. By no lair rule OF
construction you extend The remedy any further than
70 NEE. tae mischief Designed 70 oe
exception IL far is practicable. without en-
connlerng the mischief designed TO be avoided BY the
exec option.
The gentleman from Alabama. Mr. PHiLIps,l in his
the other day, maintained that there were bat
two degrees OF cofnparison-heads and interiors tie
maintained that every Olcer who ls not head Of de-
,arimenl is an interior officer So did not think Mr.
Madison aud the trainers Of the constitution They
thought there were three degrees OF comparisonheads
OF departments superior othcefs and Inferior otcers
And here. beg leave TO say Is an issue between hs
gentleman and self He insists that there are but two
degrees OF comparlson-hsads OF departments and inle
| fior officers | insist that there are at least three
heads OF departments. superior officers. and inferior
officers. | beg leave TO call attention to what oc
CURED n the convention at the time this provision
and will a In.
terpretaion OF the constitution before It was adopted,
and is much more valuable N consequence OF the iac
because it shows the meaning which those who framed
the constitution attached to their work Gouverneur
Morris moved the following
| But Congress may, By law, vest the appointment Of
inferior officers AS they think popet in the President
alone. tho Of law, tho heads OF depart
"Mr SHERMAN seconded the motion.
"Mr MADISON Ii doss 20 far enough, il it be
cssay at all Superior officers below the heads Of de-
psrtmen ought some cases, 10 have the appointment
Of lesser officers"
Mr. Madison thought that there were not only heads OF
departments but superior officers below The heads OF de-
partmeus. who themselves ought to have The appoint
ment OF those sutl inferior to them.
Gouverneur Norris in speaking OF this addition, says
alt is unnecessary; blank commissions be issued"
What does he mean by hat Why. tnst hat \ was ao not
the heads of departmentsthoss in the second degree
shsuId appoint their interiors, because blank commits
sions could be down to those oficers who would
6l Them 10 with the names Of their sabordDates WE'LL
sir vote taken upon that provision, and II was lost
upon an equal dvision Mr.. Madison then goes on in
his report 10 say
urged should be put second time. ush
provision being necessary TO be om,ed and on sec.
! ond question. II was aateed 70 "<m soH
Mr. Madison and the convention contemplated three
degeeshesds OF departments superior ofcers, and IN
ierior officers Yet the motion to conhde the appointment
OF this latter class the ra iost equal divs
on thus showing the anxiety OF the convention 10
qu.rc The OF the Senate in the appointment
Of The most miaae officers, TO use blr Kings express
sion.
But Mr.. Madison says that some such provision, be-
ing necessary 10 be omitted was put second time,
omitted II is obvious enough. Ii was that If all
oil the inferior officers throughout the United States bad
to undergo the supervision OF the Senate would be-
come perpetual BODY, without securing corresponding
benefit This was 80 obvious in respect the minor sp
pontments, that Gouyerneur Morris and Mr. Madison,
both OF HON had insisted hrst upon The responsibility
ol the appointment by n single individual the President
and secondly upon the security OF the Senaes conRfma
on relaxed and gave up this inferior class OF appoint
mems.
Now, Mr.. Chairman. l think have established that
the convention required, have said over and
again, AID which dislike to repeat hrs the respons
bily of the Pesdents nomination and, secondly the
security OF the Senaes confirmation In all except
10 those of infri~ ocers and the debate shows that BY
inJtrior officers they did superior oficers They
did not M that because WAS not the head OF
department, he necessarily inferior officer Infe-
ror this respect does not relate 10 the TACT of sabor
dination II does not relate TO the question whether
man s above him. but simply to the character OF The
duty be performed friend Of mine suxge gested to
in nversaion, that clerks were not ofcers at a-tha
they had discretion. He insisted that II the Assistant
Secretary be reg Aded inferior officer then
there are persons TO answer that description. beg
leave wholly to dider from my friend in his suggestion
Blackstone defines an ONCE thus:
"An office has defined to be right to exercise
pn bic or private mployment and the fees and
eoumcnts thetcun,o belonging, whether public. as tina
OF private. as that oil bailih or recever
want to know whether clerks do no, exercise pub
lie oymeni and whether they do not take the fees OF
their Offices With due respect TO Blackstone -wbo
when | was studying law, saved ms vast deal OF
irouble by aordng more agreeable thooGh less pro-
| found reading than Coke-l must ray there better
definition OF an officer old English case, which
have before me:
at is the rule that where has do with
ms ssirs against his viii and without his cave
that 10 an office, and he who Is In !, IS an otioer
Now, undertake to say that this definition is pre-
cssly the best de6nil.on oil an o6icer that
fairs. without his consent, is officer. Now want TO
know il Of the watchmen in the Treasury Depaf-
lment is officer under that definition, which, as
said, the best definition have Under this def
non all iheae clerks 0fhcvrs-cvery one OF them.
In the departments the salaries dmnsh iron eight thou
sand dparr given the heads OF the departments down
to 900 assistant 81 700 10 principal clerk, and
$500 10 ws,chman. | ask my friend from Alabama.
Mr. PHILIPS, who says he owes his seat upon this floor
TO hs being strict consrnctiouis,. how that scafc of
descending salaries be rcconcles that there are but two
deg OF compasson-ihe being the head, and oil
the infeor' That tbs rule in racing but behave
il is the rule nowhere ese The horse which comes in
sixty yards ahead mile ahead. the rest are
nowhere. There il no better or worse between them
In the old English record OF racing 10 Eclipse Arst,
the nowhere. The disianced. and cannot he
la eh~ frSxnn Atahn