Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-05-01
VOL. XX---NO. 1Ol.

S--N' So w eLO AAA9oAsSlpfl ~ quincy
TOR railroad purposes.
!, Mr.. GRIMES offered an amendme
u which was adopted, authorizing the c. B
It 2 Railroad to bridge the Mississippi
IS Burlington.
Mr.. HENDERSON offered an amen
n ment, which was adopted, authorizing t
= construction of bridge at Hannibal, n
The bill as amended then passed.
s The bill making appropriations for t
/ Fostottiee Department for the ensuing ye
e was called up.
: Mr.. TRUMBULL offered the following
t an amendment TO the bill:
No person exercising or performing d
} ties OF any Office, which by law is reoHir,
to be filed by the advice and consent of Il
Senate, shall before confirmation BY Il
Senate, receive any salary on compensate
, for his services, unless he be commissione
by the President to fill up vaeany, whic
has during the recess Of the Senate, an
since its last adjournment, happened b
death, resignation or expiration Of tern
johnson opposed it as an infringement upo
the appointing power of the President.
| Mr. TRUMBULL did not think that Ii
right of the President to exercise the powC
Of removing from Office was understood
according to a statute of 1858 to provid
that officers appointed by and with the ad
vice and consent of the Senate should b
removed only with the advice and conseu
Of the Senate. This was provided in tn
law creating the Office of Comptroller {
the Currency. The President, Mr.. Trum
| bull said, has no authority over the treasu
ry of the country. He cannot draw hi
salary without the consent of Congress
/ There is, therefore, no constitutional dues
/ ton involved in this intimation of amend
ment. 1t was to prevent any one being pu
out Of office and another in his place Sc a
to receive his pay.
Mr.. JOHNSON said, admitting the pow
erof Congress to refuse to pay an officer il
was questionable whether it has any moral
right to do so.
The precedent about to be established NIGH
be bad one and might return to plague the
inventor. 1t might happen that those now
in the minority should obtain the majority
IN Congress while the other party had a
President elected. Congress might then re-
fuse to pay the Presidents appointees.
Mr., JOHNSON said he would read a let
ter from Mr.. Madison on the subject, writ
ten g. time when there was a more bitter
war between Congress and the President
than now, admitting that there is a war at
present.
Mr.. CLARKE-There is no war. Laugh
teri
Mr.. JOHNSoN-I say, admitting there is
a war. Laughter.1 am sure there is no
war, but I said admitting there is. Laugh
ter
Mr.: sUMNER-A mere hypothesis.
[ [Laughter.]
After q few remarks by Mr.. Sumner in
favor, Mr.. Trumbul replied TO Mr.. johnson.
Mr.. TRUMBULL said Mr.. johnson was
mistaken in supposing this was measure
hostile to the Executive. 1t was simply an
amendment to convey the clear power of
Congress to prevent practice which had
grown up of making appointments to Office
without consulting the Senate.
Mr.. SHERMAN said that he believed
Congress had the right to limit the power of
the President to appoint. 1t exercised that
power in 1858 in the bill creating the office
of Comptroller of the Currency. The pend
ing proposition was, however, very harsh,
and he should hesitate before giving it his
assent. If the Chairman of the Judiciary
Committee would report bill to regulate
the subject of removals and appointments
he would support it if judieiaIly framed
There was a jealousy, he would not say war,
between Congress and the President, and
he knew of no time better than the present
for regulating the subject of removals with
a wise and just law. It ought not to be
passed in this informal manner, but as IN
amendment to the Appropriation bill He
He did not believe it wise to declare an Off
Ger legally appointed should receive no pay
unless the appointment was agreed to by
the Senate.
Mr.. HENDERSON said he had partially
bill of the nature referred to BY
Mr.. Sherman. He had come to the con-
elusion that the President had no constitu-
5ional power to remove any one from Office
Washington in eight years removed but
four from office, Adams 10, jefferson g.
Madison s, Monroe 9, John Adams T. Gen.
Jackson removed 23O during the first year,
and after that some 1900 or 5000. Since
JacksOn's time the habit of removing has
been much more frequent than before. He
lid not know President johnson would
Undertake to remove from office to any
great extent, but if Mr.. Henderson was in
lis place and the same difference existed
between him and Congress that now exists
between Congress and Mr.. johnson, he |
would use all the power he had he believed |
Intil it was taken away from him. Mr.. J. |
yould be justified in using his appointing |
,Ower in carrying out what he calls "my /
'olicy." Mr.. Henderson referred to the |
act that Western newspaper had advised !
he President to march his troops into the
'apitol and drive the Senate out, and Mr..
)avis, of KY, had said that if the Southern
enators came here and joined the minority
4 the Senate, it would be for the President
D say which was the legal Senate.
Mr.. DAVIS-I will state what did say,
nd what now believe. 1t is made the du-
y of the President to communicate to Con-
ress from time to time and recommend for
g consideration such measures as he shall
eem proper. The position assumed was
MS that before the President could ex-
rcise that office he would have to ascertain
hat bodies of men constituted the Con-
ress. If there were four bodies two of
hem concluding that they were the Senate
nd the other that they were the House,
nat President must necessarily decide
-hich body constitutes the House and
-hich the Senate: that it was necessity
nd that it was his plain constitutional pre-
)gative and right to determine, under such
state of affairs, which was the true Senate
nd which was the true House. further
lore stated that if Southern members were
get together with the number Of their
lembers Of the two houses and they in the
ygregate constituted majority of the two
ouses, the President had the constitution
function and right to decide whether
ley were the Congress or not, and if he
nose to recognize them as the two Housesf
Congress they constitute the regular
Congress. That is still my
1inion.
MI HOWARD-Then Congress depends
pom the will of the President.
Mr.. DAVIS. furthermore stated it was
Ie province Of the two Houses, to Judge
each for itself, of elections, quail
Of sfa |
srs. The President had no con-
oil or jurisdiction, but the same time
the members contending for the seats,
ere to get together in such bodies as con-
ituted majority of the two Honses, then
e President had a right to recognize as
lngress. say so still, that is my opinion,
Id my belief.
Mr.. HOWARD. Will the Senator from {
entucky allow me to ask him from what
.rt Of the Constitution he derives his !
,wer.?
Mr.. DAVIS answered by quoting the Con-
itutional provision, requiring the Presi- .
mt to communicate with Congress. !
Mr.. ANTHONY said the Senator from ,
had not long since made speech ,
hich at the time excited the surprise of
e Senate. He had looked for it in the
ODE, but it was not there, and he desired
know whose fault it was, whether it was
e fault of the reporters or publishers OF
.e Globe, that this omission occurred.
Mr.. DAVI5-It is my fault.
Nj. ANTHONY said this practice Of ma I
ng speeches, and then either suppressing
EN- or so altering them as to make replies ,
them appear ridiculous ought to be stop
ID. He believed the reports of the Globe
ght TO be held responsible for the publi-
ton of everything said in the Senate
lamber. He for one should oppose the
for the Globe if it was to be
.fioDaI with than, 70 r,rint or si1pnrasa tho |