The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-22
Our Washington Correspondence.

- JOueS-DfOutt
teresting Incident Excitement on the Railroad
BQl-Gsn. LANES Speech Interesting Discussion
IN the Supreme Court as the President the Potc-
er to Remove Judicial Obfcers?-Ihs Second LsUss
Gen. Scott in Attendance Senator's Houston
and Douglas, &c.
Quite an interesting debate sprung up in thu Ssnats
yesterday, on tie bill for the relief OF Commodore
Thomas APP a,esby JONES' WHO was suspended from
his command by a naval court martial. The bill
provides for the payment of his salary during the
period eighteen months) of his suspension, aud
was opposed the ground THAT the precedent would
be dangerous, as tending to weaken the naval and
military discipline Of The country. Mr.. Clayton, in
his advocacy of the bill related an interesting incl
dent in the history Of the war of 1872. When the
On, IN officer Of the British navy, joining the bar
harlan soldiery, mouu cd the naval monument on
the west side OF the Capitol, aud snatched the pen
from the hand OF history, exclaimiag that the Ame
rican navy had NJ history TO write Tbis sams officer
afterwards fell In the battle of New Orleans, slain
by the hand OF Commodore jones hims ELF. Mr..
Clayton said he sould vote for the BILL and In doing
30 should pronounce Dis AYE" in an octave above
his usual tone.
In the House of Rapreser tat'ves yesterday oosid.
cradle excitement existed the subject of the Paci
dc Railroad bill; And ter while Ins want of har.
m0nous action among 'fs friends seemed to threaten
u
better understanding existed and strong hopes were
entertained Of its passage. Gen. Lane made q
sound, practical speech. which told with great effect,
and reconc ned tine differences of opinion existing
among the advocates Of the measure.
Some days ago | mentioned the anticipated dis
cussion in the Supreme Court, in the case Of the
United States AZ the relation Of Aaron Goodrich vs..
James Guthrie, Secretary Of the Treasury The ar
gument came of yesterday, and ELECTED great at.
teDtion from the court and bar. Two points were
made In the case; first, v1ether the President had
the power to remove the relator, during the four
years for which he was appointed Chief Justice OF
Minnesota Ter1itory; and re ,opd, if hs had not,
whether mandsmus il proper for the purpose, and
under the circumstances stated in the bill The act
of Congress 20 Stst 406) creat Dg the Judges says,
"they shsll hold their Offices for the period of four
ye&fH' The c3mmissii MS are in the same terms
ONCE.
The Attorney General ccnteudei that the power
OF removal was necessarily involved Ia the power of
appointment, aud ct.exfensve with it. Such, he
contended, was rhe result Of the great debate in
1789-except in cases where the contrary 3as pro-
yided for In the constitution. He thought the true
issue was, whether Congress could deprive the Pre-
sident Of this power by legislation, and argued to
prove the negative.
A. Fl. Lawrence, Esq., who appeared for the rs-
iator made a mastery effort against the power OF
the President to remove juiicial officers, and On
tended that the whole debate upon which the At
toFney General relied, was upon the power of
president 10 remove executive and not judicial Of
hcers. Mr.. Lawrence also commended that 1t the
secretary OF tue Treasury, aud not the government
o. the Unteu States that refused to pay and there
fore mandamus was proper to command him, not
90 the representative of the government, to make
this payment, but as the mere officer u pom whom
devolves the duty of executing thu law, which the
government, by its legislature, had psssed-to do
what the law specifically required. The case was
arg ued on each side ~ith rguished ability, aud
great VII be the anxiety to hear the decision Of the
Supreme Court on these important questions. The
argument was before full court of all the Judges
The Presidents second levee came of last even
ing, and was pretty much repetition Of the frst.
The company, bo9ever, seemed disposed to be lit.
tie more fashionable than usual many coming In at
the hour fixed for acj9nSnment-ten O'Clock. no
need among the distingues present, General
Wlnneid scott, who seems to have entirely re.
covered from his political defeat, Senator Doug
las was also there, playing the agreeable to one
OF the fair, and now and than giving politics Al
squeeze OF the band to some Influential wire worker
Old Sam Of course, IN the cenHe of his friends
and full Of his wit snd OF ecdote but at the same
time the personifcatioI Of dignity and manly grace
The lacies TOO, we're ous in great numbers anxious
20 see and be seen, and exhibiting every shade o.
iancy and fashion In dress an cosmesca. E.
WASHINGTON, Jan. 10, 1855.
Probable Exd cf the Pacific Railroad BrH-Bento,
Adcocatts a Resolution TO Refer IL foa COMMITTEE
of Thvtyone- Vhaf they did IN the Senate-Pre
stdex sLeuee-D Distinguished Guests Present. U. s
Supreme Court
There is some chance of an end being at last
made of the Pacific Rsilrosd bill. II has beer
hanging by the eyeds for the last week, crowdins
all other business out of the consideration of the
House. The House adjourned to day, with q reso
luton pending before it 20 refer the whole question
TO committee OF thirty one, to report upon. Old
Bullion himself advocated this resolution, and the
prevailing opinion is that { will pass. If 1t does
this ends the railroad question for this session. The
whole bill originally reported TO the House has beer
90 mutiated aud cut up with amendments, thai
the first document can hardly be recognized
In the present discussions. It Is almost neces
saIy that the question should be refersd t.
committee, that the report may inform the Houss
what they are now discussing. NJ. Benton was
among the number Who made five minutes speech
to-day. and was listened to with that attention from
all within his hearing, which his re outation
public orator always demands for MIN. The House
meet again tomorrow getting Industrious, to con-
sent to work on Saturday. There is cause for this
industry, for the session, 30 far has been fooled
away In gas, buncombe and small talk.
To-day, In the Senate, the bill for The relief OF
Commodore Jones came mp, snd Was passed without
difficulty. Several speeches we're made, rejecting
severely upon the court martial which suspended
of the Senate" as he Is csued-the Hon.
John N. Clsyton-made q very feeling and
eloquent speech upon the subject; reviewed
tho services Of Com nodore Ap.Cssssby jones to
his country, said that graf ude alone 70 heroic
ssldier, who had fought like Cicero, should oromp.
him to vote him the Keller requested aud that when
IL came his turn 70 vote, his "ays" should be ss
least IN octave higher than his ordinary voice. Seus
tors Jones and Bfodhead, who have each pet bill
which they wish to bring before the Senate early
~ possible, tried hard to get adjournment till
tomorrow; but Mr.. Badger, who Is sverse to work
ing too much, and who always advocates motion $50
adjourn over" succeeded in getting an adjournment
till Monday next.
The President gave his second levee tonight,
and rather brilliant affair II vas. or the dis.
tinguished guests present, Gen. Scott was the OBJ
served Of all the company, escortipg upon his arm
during the evening the Hon. Mrs. Preston, Of Ken.
respect especially the worthy associate
of the illusrious commander Of our armies-Gen
Scott looked remarkably vel, and stands as cree,