The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-05-08
CONGRESSIONAL REPORTS.
xxxrxrn oosanEss-rIssr srssror,
MorDAr, MAY 7, 1896.
6EN ATE.

MorDAr, MAY !, 1866.
SENATE
nxronrs, Pnrrrfors, rro.
The Chair laid before the Senate the annual re-
Referred 10 the COMMITTEES on Printing.
MT johnson presented the petition Of certain
| medical gentlemen representing the medical con-
vention lately In session At Baltimore, asking for
the printing Of the medical and surgical history Of
the late war. Referred TO the COMMITTEES on Print
Mr.. Stewart offered Joint resolution authorizing
the settlement Of certain claims against the Terri
tory Of Nevada Laid on the table.
Mr. Grimes offered bill authorizing the restora-
ton Of Commander Charles Hunter 70 the navy.
Referred 70 the COMMITTEES on Naval Affairs.
| Mr.. Sherman offered q resolution TO print s. 900
copies Of the decisions Of the Supreme Court tho
right OF States to tax national bank stock, 30.
| Agreed TO.
| The resolution reducing the number Of copies Of
the Patent Once report 70 be printed 900 copies
was taken up and passed.
Mr. Trrmbull offered = resolution 10 print 5000
oopiss Of the report Of the Smithsonian Institute for
the year 1895 which was referred to the Commit
On motion o. Nj, ,N.,mith, III. Joint resolution
for the relief Of certain officers u the army was
taken up. and AFTER amsndmsnt was laid over.
On motion Of Mr.. Wilson, the joint resolution
Register vn taken up.
Mr.. Wilson said the present publication was TO.
tally worthless. He had examined u carefully and
found the names Of officers Of whole regiment left
out The object Of the resolution was to cancel this
publication and commence anew on plan proposed
BY the Superintendent Of Public Printing.
Amer some further discussion the JOINT resolu.
ton was rseommittsd 10 the COMMITTEES on Military
Affairs.
Mr. Wilson offered Joint resolution to provide
lloDi which was referred to the COMMITTEES on Mill
tary Affairs
INTERESTING psBArn on run RIDER TO rHn rosr
oPricn AUTHORIZATIONS IILL-THn AMENDMENT
nnsrnicrIse rue EXECUTIVE rovERor REMOVAL
The special ordsr-b,ing the Post o1ice appro-
priation bill-was then taken up, the question
being. Shall the Senate reconsider tho vote BY
which the amendment restricting the Presidsnt's
power In regard to removal from once was passed
Mr. Poland said hs had voted for this amend
ment with great hesitation, and with the design II
he should mot become better satisfied with H. 70
move Its reconsideration II Il wont no further
than 10 prevent fllng ofvacanoies now existing by
appointment when the Senate should not DO In ses-
sion, he would eheerfully snppUrt It, for tho Ian
gu 70 Of ths Consultation was clear that the Pres-
dents power Of appointment Is confined to vaoan-
ciss happening during recess. But II had scope
beyond this. The President1 power to oil vaean-
oies 10 not denied but unless they hAppqA In par.
icular way, the person appointed shall receive no
salary until confirmed. He thought the mover
would not deny that bis amendment was to declare
that appointments to vacancies caused by removals
for political reasons should not DO confirmed. This
brings up the old question, he thought, Of the
power Of the President to remove from Offices per.
sons whose original appointment could be made
only by consent Of the Senate. That was the
boldly avowed opinion Of the Senator from Mis-
souri,, and his argument. could the question now
DO considered an open one, went far towards con.
vincing him Mr.. p. that such was the true con-
struetion Of the Constellation.
II Senators had power to refuse appropriations to
pay salaries Of executive officers, hs held that its
exercise not to be thought Of II the President
vas not the legal and constitutional power Of re-
uoval, he asked. Why not say so distinctly five
would adopt the doctrine Of the Senator from Mis-.
our why not do 1t in an open and manly way7
After uniform exercise Of the power By every
sdministratiopukinc o tho formation Of the Govern
ment. and aftH At least thirty years undoubted
and unqusstioned use, does II become the Senate
to de II In the indirect way proposed BY this
lmsndmsot' Ifsuoh was the design, 10 II exactly
open, honest dealing to bolster II up by affecting TO
believe that the President transoends his power by
making such removals. But II comedies. he sfiirms
tho constitutional power TO remove on its face, by
providing that removals for misconduct In Office
shall be excepted from the prohibition OF payment
Il could not be said that he has the power Of re-
noval for cause but not for another. The idea
strange and monstrous that man, who legally
holds Anoee and properly performs Its should
not be paid because bis appointment politically
unsatisfactory. He believed such position to be
Wbolly lnuolenslblo wrong In pr1noiplo, ana one
upon which no party can stand. He happened to
say. in Offering the motion to reconsider, that the
doctrine seemed TO him to DO almost revolutionary
He had since learned that no radical unionist bad
. right TO that word, and be would withdraw Il.
He stated the origin and status Of the controversy
between Congress and the President, and said that
neither manifested disposition to yield TO the
views Of the other but preferred to refer the ques
ton TO the poopei that IL feared the President
might seek to advance his views by the use Of his
H. ~ - H.. L..N
Il that was his purpose, this amendment would not
prevent Ii; and IL 1t was not II might produce the
very action 1t sought to avoid.
Mr.. Trumbull regretted that . Senator should
rise here and dsnounce . moasure ~ political
luaokery which majority Of this body had voted
for and which he voted for himself Did the Sena-
tor from Vermont Mr.. Poland mean to imputo
sinister motives to . majority Of this body? The
propesition under confederation had received but
snail part Of the Senator'S confederation. He has
denounced 1t ~ monstrousi he has charged that no
party can succeed with II. He declares that he
intends to hght within the pale Of the Constitu-
ton. He Mr.. 7. did not suppose that the major
ity Of this body were less anxious to keep within
the pale Of the Consultation than tho Senator from
Vermont. What 10 this proposition The Senator
speaks Of the war and the gallant boys who fought
through II, and II 10 proper that our legislation
sha not be Of such character 10 lose the fruits
Of their labor The Senator says that the people Of
Vermont are In favor Of saying to the President
and put out who you please, put In even the rebel
and consprator who sought to overthrow the Gov
srnInent, and tar for their salary. The people
Of Vermont may DO In favor Of this but the people
Of Illinois are not, The Senator says he would
make them take the oath. Your table Is loaded
down with documents from the departments show
ing how few Of them have taken the oath The
Senator says the President either has the power Of
removing or he has not. He tells Us that It has
never been denied from the foundation OF the Gov
eminent. 1t Is not true Congress has denied the
power Of the President to remove civil officers.
From the foundation Of the Government his power
10 remove army or navy officers has always been
denied The Senator wants the President to have
the power to appoint from those States which are
not nt to DO represented here In 1858, when Con-
grsss was In harmony with the President, q pro-
vision very similar to this attached TO an Rp-
preparation bill. 1t was no new thing. 30 far as
hs was advised, no President had ever attempted
to remove an officer Of the army or navy without
authority Of the law. Congress might confer the
power.
Mr.. johnson said the President had always eror-
cised the power OF removing army navy officers
Mr.. Trumbull desired TO know Of the Senator
from Maryland whether he meant to say that the
President exercised the absolute power TO dismiss
officers without trial BY military court or commits
sion,