Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-05-01
XXxIXTH CONGRESS.
POST-OFHCE APPROPRIATION BILL.
Appointing Power Of the President.
INTERESTING DEBATE IN THE SENATE.
Report Of She Reconstruction Co,uu,t.eo
The Trial OF Jefferson Davis
SENATE.
WASHINGTON, April 30

| hT wilson presented resolutions adopted by the
legislature Of Massachusetts in reference to the late
rebel States and the terms upon which they should
% 9e admltted into the Union, also commendatory Of
.le course of the Senators and Representatives of
massachusetts,, and defending the Hon. Charles Sum
Te % rom Oh the attaek made upon him by the President.
| Aald on the table and ordered TO be printed.
| - 49, IMPORTED BOOKS.
| Ne wilson presented the petition Of j0urnoymen
SGoh binders AMI boo-printers of the United States
asking the enforcement of tax of five per cent on
| imported books and papers. Referred to COMMITTEES
| on Finance.
Pama, asking for the relief of the poor of that State
| Aelerred TO the Committee on Claims.
| INTERNAL REVENUE TAX
| Mr. sherman presented the petition Ofmanuflctur-
G G1s ot machinery, OF Philadelphia asking a change
N the internal revenue tax on their manufacturers
| Referred to the Committee on Finance
Mr.. Fessendep, from the Select Committee of Fif-
teen; reported the joint resolution and bills adopteI
| by that committee at their meeting on Saturday,
| which was read.
| Mr.. Howe from the Committee on the T,ibrorv re-
ported JOINT resolution to purchase the law library
of the late james Bell Pettigrew of South Caroin:
| which was read.
| PACIFIC RAILROAD.
| Mr. HOwa.d, from the Committee on the Pacfc
halroad, reported Joint resolution extending the
time Tor the construction of the Eastern branch Of
| the Union Pacific Rail- cad: which was read.
| ~ POSToFFiCE.
4he regular order of the day, being the Postofics
appropriation bill, was then taken up the question
| being on the amendment OF MIR. Henderson.
| Mr. Henderson withdrew his amendment and the
Char then announced the question to be on tue
|
| And no person exercising or performing the du-
ties OF any office which by law is required to be filed
by the advice and consent OF the Senate shall before
bis continuation by the Senate receive any salary or
compensation for his services. unless he be commits
| stoned by the President to fill up vacancy which
has begun to exist by reason of death, resignation
or expiration OF term OF Office, during the recess of
| the, senate and since its last adjournment"
Mr. johnson asked what would be the effect of this
| amendment. The right Of the President to remove
| or appoint officers OF the Government had always
been conceded, and had been recognized by the Su-
| prcIne Court.
| MIR. yrumbulI said MS amendment did not iuyolve
tins question atall Au act had been passed il Feb
rary, 1868, creating the office Of COMPTROLLER of the
Currency which provided that that officer should hold
ms Office Tor five years unless removed by the
| Senate; Ihe then President, Mr.. Lincoln had a -
| proved this BILL and he (Mr IT, was Of the opinion
that the present President had voted for it, lie de-
nled the power Of the Pres dent to remove or appoint
any officer during the session of the Senate without
It's consent The President could not make an Office
| 1t required both the President and the Senate The
| object of this amendment is to preyeNt the filing up
OF offices during the Of the Senate which could
have been filled while it was sitting, There was no
PRESIDENT mad no power to pay salaries, he could not
draw his own salary ualess by the consent Of Con
| greSs. Congress could allow compensation to these
officers, or no compensation at ALL just as it pleased
| MIR. johnson said that though the amendment
might not violate the letter Of the Constitution it
did the spirit. bad they the moral right and would
they be justified in passing it ? Were not honorable
| member; setting precedent that might return to
plague the inventors? The present donin amt ma
| In Congress might become the minority party hey
might have elected their President but the seats
here might be filed with members representing DIFF
ierent views. and with this precedent and authority
set those members, they might prevent the President
| from filling the offices with his own friends: they
| might starve him out. Mr.. Madison had written q
letter on this subject at time when the war between
| Congress and the President much more bitter
than It IS supposed to be now, lie would only sup
pose that difference existed between the Executive
and Congress now, as one imagined that Congress
wanted 10 make on the President; he was Ger
tam has friend from Illinois MIR. TrumbulD would
be the last man TO do such thing. but he would ask
what possible good could be done for the country by
Carrying on an apparent war with the President to
do that which was never attempted with any Presi-
The Senator says he does not wish to interfere with
the Presidents power to appoint but 10 prevent him
from removing. He (NIr. J) did not know " hat the
Presidents views were, he scarcely ever saw him.
but he was represented to be man of frlnness and
what would he be likely to do? Remoue and not az
| point, Impeach him. He will throw himself on the
What q spectacle will we present We hear that
Secretary OF state has instructed our Minister to
Austria, to demand his passports, in case any more
| troops arc sent to the aid Of Maximian. The Aus
trian Minister here will of course demand his pass
| ports and leave. What will follow. War. She ma y
| fill every sea with privateers to prey on our com
| morce. She may secure the aid of Napoleon And
what VIA vii 90 the state OF our country tho President
yet restored. although the war has been over for
more than year, eleven States out of the Union.
and if the report of the Committee of fifteen which
was presented tniS morning, be adopted, they are to
be kept out of the Union uatil after the next Presi
dental election. It was better for the honor and
l lQIrllBllE
| preEogatves of the President.
| Mr.; Sumner said tho learned Senator from Mary
land (Mr Johnson had done more to make the cues
1 ton complex than to simplify il. The Senator had
| reminded him of that sagacious animal the fox
which was said TO throw its pursuers off the scent by
taking the back track. The Senator had thrown the
Senate off the track. He had alluded to prospective
difficulties with Austria. lie (Mr. s. also had dcep
solcltude on this matter, but unable to see What
connection it had with the subject under discussion
The Senator had also alluded to the opinions of Mr.
Maids on and Others which had no bearing whn+
| amendment, in ttp oF
this amendment, would be simply exercising its con-
sttutlonal right and 1t was not worth while to ia TX
| any more about it.
Mr. Trumbull said this amendment was not aimed
at the present President of the United States buf
| merely to check practice which had grown up of
waiting until the adjournment of the Senate TO mn.
point officers to fill vacancies occurring during the
! session. This amendment only prevented such per
sons from receiving compensation until the Senate
| had confirmed them. 1t was no new provision no
attack on the Executive, and he did not think it
| would produce war with Austria. Laughter.
Mr. Sherman said the power of the President TO
remove was mere inlerential power from the power
| Of appointment. Nowhere in the C0nstifntion Is
there given him the power to remove and there is
nothing to prevent Congress from making laws TO
limit and restraia the power CT the President to re-
move, but IN his opinion, this amendment was very
hard anu violent measure which he would dislike TO
see adopted. He did not like these provisions to be
put on our appropriation bills, us they looked too
| much like conditions. II the judiciary Committee
| would bring in just and wise bill on the question
settling the power OF the President in this matter he
would give 1t his support. Now was the time to do
| IT, He would not say that war existed between the
President and Congress, but jealousy did exist and
now was the time for Congress TO pass law restrict
ing the power OF the President. He would 60 as far
as the Senator from Illinois (Mr. TrumbuD in this
matter but could not vote to prescribe these tests in
| appropriation bills.
| Mr.. Henderson said he had partially prepared n
bill which would cover this whole subject lie had
examined the matter carefully and had come to the
/ power to remove at au. lIr. Madison had claimed
the power of removal as the Senator from Maryland
(Nr. Johnson) stated, but how did he exercise it :?
During his whole eight years of office be made but
| three removals. Mr.. Monroe made but nine and
| John Quifey Adams but two For years of the Gov
| ernment, there were but seventy-fve removals Of
late years, however, each Executive had seized on
these Offices. and used them as if they were his own
There are ten offices now where there were formerly
/ one, and was the President as Congress ad-
Journed to tuIn out every man in office, and put in
| Mr. President, | don't know what the President
would do; don't think am any better than he nor
| he any worse than |, and know would do it, if
had tho power. When 1t Is known that the EXecu-
tive can CONTROL without let or hindrance the dis
posa of the vast number of offices under the Govern
country Why. Mr. President have seeS in the tE1e
newspapers calls on the President to disDerse and
| rest this body.
| Mr.. Henderson-I read it in Western newspaper.
| Even here the other day. my friend from Kentucky
| any longer.
Mr.. Davis-Mr. President.
"! The Chair, (Mr;, Clark)-Does the Senator from
| Missouri give way?
Mr.. Henderson-Yes, sir.
| Mr.. Davls-Mr President, will endeavor to ex-
plain what did say. said that it is made the duty
OF the President, by the Constitution, to communicate
to Congress from time to time such messages as he
may deem proper. The position took was that be-
fore the President could exercise this duty he must
| ascertain which the Senate and the House; for
instance, IT there four bodies in existence two
claiming to be the Senate and two claiming to be the
House was plainly his prerogative to decide which
OF the Two was the Senate and which the House. l
further stated that if the Southern members were to
get together here, with enough members from this
bcdy to constitute majority. the President had the
right to recognize them as the Senate and to hold
mmunication with them.
| MIR. Howard-The existence of this Senate depends
| then on the will of the President.
MIR. Davis-l further said that each House had the
| right to Judge OF the qualifications of its own
| members. N
Mr.. Howard asked what clause of the Constitution
| vested the power IN the President claimed by the
Senator from Kentucky.
Mr.. Davis.f will read it to you. The clause de-
carlng the President to be cOmmander-in-chief of
the army and navy. &C., &c. was then read by Mr. D.
| Mr.. Anthony desired to ask his friend from Ken
| lucky question. He had heard the speech of his
friend with some surprise, had other Senators on
| the floor. He had looked for that speech in the
Globe, but had never seen it, and he would ask the
fault It was that it had appeared
| was it the reporters?
| Mr.. Davis-It was my fault it will appear in due
time.
Mr. Anthony, object to this Mr. President: don't
what right Senators have tQalter their remarks
| after they have been delivered here do not know
what right the reporters of the Globe have to alter
suppress speeches. am told that speeches which
have been made here at former sessions have never
appeared at all in the Globe, and give notice. that