Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-01-27

ir Viii tini ;is Dieff!t U!
Constitution roir /: ad0pcd ard s tnci aose vain.
~ i. sqnrnco o the fact, bscanse shows The "'hn
ng wl'H t'o who ratncd rhn Constitution attained 'e
!ht!f own ~vIS. G'veTnag Mous :aortd he !oo"iGa
"Hnt C"ngfFas may By law Grpoin mfh: {" sAc
inferior cceri ~ they !hils proper in the i esaen' s2n
in ihr ii liw. a: in thu heads Of Departments
- Aif. SHERMAN srCDEdrd The no ion
Mi AAoi,oS. IL dcrs not tnou"h. II "a i"css
1t Ill. Superior oiF2srs t.i5lc he ltld' q htpFf
!" er officers"
+ Nj Madison ,houeht there were nnl only head, o
! Departments bat superior oce, below .1 "ehlS OF De
paiHehts who lhams'rc5 ought h1se HE appointment
- Of these s!i inferior 10 hem
Covrnenr aorris in speaking Of rh, ali'i'' sars:
il biaok commissions raG he issued What
= does hs raan by hl Why tHa! II net "ofih while
o provide thai sapeto: officers below the heads 81 Depart
IN 'fe aacond aPpolni ,he IN.
rfioIs nscaHse hanS commissions coDd be sent oo"h 10
hose officers, who would al them W win the names OF
'cr snboh!inal"s WeIl sir, laIrn i2on mar
provision, and wa6 lost urGn al equal division Mt l1
{ ii5on l'ieu goes on In his report sny:
"lc n'on bring lost by an olIal division OF rocs, it
was urged ha il shond be put seconl time, some such
provision being necessary be ouleJ and on second
question, il was agreed tn ntTl. con-"
hT Madison and ic convention contemplated nrre de-
.rs"s-ras ot DepaTimens superior o:ccVs AMI Inferior
l:ers Yet ln motion 10 conhie the appointment OF this
arr :lass on the frs; vas Ios equal division 'i@a
ing i!a anxiety o. convention 10 require
rrraucr or the the cppolntment o! the ri!=
'',a:a,;ie officers, 10 Dir. Kings expression.
But Mr. Midson that such provision being TOO
acnssary be omitted, was put second ter Ahd carried
Why was it too necessary 10 be omitted II IS
".nns enough j. that all OF the Interior OF
rarysan OF the Senate, II would become pefpe'us! body
whou, securing corresponding benefit Iis was So o.
in respect the minor appointments that Governeur
Morris and Mr.. Madson bath Of whom had assisted, FIRST
upon the responsibility OF the appointment oy single nd
nal President and secondly upon The security OF the
Scnac confirmation relaxed and gave u Ills hieiiS cias
Ncw, Mr. Chatmau think have established that the
convention required have sad and over again and
which DISLIKE repeat isI the responsibility ol The Pc
sdtnls nomination, aHd secondly, the security OF The SEN
a'ra confirmation n oil cases except In inose @ 'nsroT
ocers and the debate shows that BY inferior 2tsrs they
did superior officers They did nc ean that, be-
cause moi the head OF department. nc was ne
cessafiy an Inferior officer. Inferior, In his respect does
not rcia The fact Of suboidnaon 1t does not relate
he question whether man Is above him. but simply 10
lie Of The duty 10 be performed irienn 81 mine
suggested me- In conversation that clerks were not OH.
cars all they had discretion He Insisted that II
an Assistant ec:eary Is be regarded an inferior
officer then persons answer that description
leave ;"hoy 10 dle from MY friend IN MS snsges'o
j. blackstone defines office thus
IAN office has oecn right TO exercise pub.
lie or private employ and 10 lake The ices AMI snou
heeuulo belonging whether Pnoic as NAV VI mug
d strate nr private as tnat oi baiiii or receiver
10 know whe!he! clerks do moi exercise pISht
employment and whether They dc not taEe inc 'ees OF r
oflice-l With due respect BLACKSTONE when was
studying law. saved vast deal Of ironhle oy ehod'
y ing agreeable though less pT'ionnc tcadinc
than Cokc- say there better Gthniton oi an oi'
j. fcrr in an old English case which have before
II li- rule thai where has 10 do with Hrother
o an's affairs against his will and without his leave, i1 u
c an Office, snd he who is in il s an ohcer:
Now / undertake TO that this definition is Plseissy
/ the deinion oi officer that ever saw nc 'a
.vho hDs 10 90 with another mans affairs, without his con
Sent s an Officer Now want 10 know one Of !he Wach
= n,rn in the Treasury Department ls no, an cMcer
I, under ha denniGiou which, as / said, as me best
i. definition have seen Under this definition all these
clerks are ohrersevfry OF them In me departments
the salaries diminish from eight housanS dollars given le
The heads Of the Department down 10 50 U 10 an assistant
81 TOO 10 principal clerk, and $500 wa;chman ask
my friend from Alabama Nh PHILLIPS who says s owe
ils upon This floor 10 his being sTct
hoY in that scale OF descending salaries he econce6 II ina
,hcrc are but degrees OF comparisons the one beng The
head and all the insot1 ha! Is Inc Iulo IN racing
bat believe is The rule nowhsn else Inc noTso wh
s r%i .,; '". "H, ia , nnr%L ,1 rns, ,'
In the old English record OF racing Is ECLIPSE hs' me
The dis,anced and cannot be placed
record My friend from Alabama sr pHLIlra would
e sayhc heads OF the Department hts Inc rest nowhere
That is my understanding Of me Constitution lhete
three degrees Of heads o Departments
- the superior und the Inferior olncers
We sir lei us see what Of "he fathers of The Re-
II public have said upon This matserii my eEd from M5
/, son Mr. BEsToHI will rexcuse for plagiarism from
n III IS % common now days tha, is moi regarded az
penal oeRce) Let w see what The fathers OF The NePuo
3 !lc aat upon this matter.
pa -scd-in 7S9oryani1ng the Departments On the llth
September l7s9 the Congress ot The United States en-
that lero should be allowed 10 The oicers oil Inc De
d parlmens the following salaries, payable Quarterly; 10
me Secretaries in the Departments, So 5OO Then, after
rnumerang all Of the superior officers below the heads o
6 DrEn tmenlS, the law goes on ID say;
;. zine heads OF the three Departments above men ned
shall appoint such clerks therein respectively as they shall
pecessay and the salaries OF said clerks respectively
:: shall not exceed tho cum Of $500"
The salaries of the heads Of Departments provided for
the salaries Of all he superior officers below the heads oil
Departments provided for and then, in one sweeping
cluse, 'he heads of the Departments above mentioned
shall upon, such clerks therein respectively as They shall
e lind necessary, with salaries not exceeding SSCU
II 20 happens that in which cumo before lhe 81
ptme Con!,, that Court expressed ell opinon upon Gss
question oil who these inferior officers that may mol un
.reo The scrutiny OF The Senate. 10 the case sr part
!! Uuacan ~ nenncn The Supreme Court OF the T. SaIes
+ referring 20 tic law establishing the DepnneEts al
ready referred 10, used The following language:
I,o oln M fhosnn nanl
r. rclary appoint all necessary clerka, &c &c
T. The Supreme Court says:
ihese clerks fall under That class vi INFERIOR "icef e
Ii apoinmcn, Of which the Constitution authorizes Congress
p. to In the heads of the Department.
Now who composed this court that declared that .es.
= clerks authorized In batch without name or detlgna"
with The Inferior salary Of five hundred dollars te-e e'e
copys. the inferior officers con!emp1,ea ny rh
q jnh, Mclean Henry BALDWIN James VI. Wayne, Phi.
e In RaGhour john Calron and john Mckinney Who are
Roger Tane had been al e n neaa @ o. re
Gsrne of ability and scrutiny and an accuracy oil ntsmcn
that, undertake 10 say has been rarely SURPASSED oy any
n r., pkn aa Lvcd 10 this Republic. He not Only was
lawyer bu s had been the head ot the Treasury Depart
nen where this question might hoVh come under MS re,
r. view Joseph Story had been distinguishes meR'ott OF
e his House and was not only distinguished lawyer bu,
aaa statesman. Smith Thompson who delivered me nnan
moua opinion of the court had been Secretary OF te Navy
so no in Taneys caee have his opinion as lawyer and
his opinion man vino had been al me head o one OF
e The Departments OF the Government We have the opn.
ions aso 20 lie same point OF John sLsan VINO aa M ss0
e. Einlcy Henry Bdwin and Philip T. Barbour "ot wnonl
had been distinguished members of Congress- and hs later
SNEAKER of this House. And this is somewhat poi'
cal question: their opinion is to be noticed In con'e
qucnce their former connection with political e han
C they were mere lawyers.
. know slcl be told by those who will follow me-tor
allow my from Alabama Mir PHILLIPS 10 be man
d c Industry and learning and wnen men OF that character
are 10 follow lne know everything will be SAID "hlch can
4 be- ssli say shall b0 told that this very ac Gteanz
e Treasury Department. contains provision Thn;
true; but his duties different and inferior 10
assigned now the Assistant Secretary aha Ss snol
lime afterwards in Nay 1872 the Congress Of !e ueeo
STATES abolished office of Assistant oecs'a,y Oh e
Treasury and substituted Commissioner OF ,ne revenue
nd the law subjected this officer thus substituted 70 Tie su
.r pcrrson of The Senate in his appointment cle'm Una
his the subsequent action OF Congress- IN reference 20 s
m,cr annu The first decision ard becomes pregnant au
y ihority on my side of tho question 80, a., ,
i. am so hoase that only speak Win lhe s,ra.eF
,, but must say VOID CT Two more. Mr. Cnaf
l. man. nv friend from Pennsylvania a WRIoHT referred &c
Inc fact Mr Walker in ila report 10 congress eco
mending the establishment OF dhe Interior sos
ee.sd that the arpontmeHI oi e hssao.
meat aai the law WAS Passen IN hs Vey las