New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-08


dents power Of appointment without the consent Of the
Senate confined 10 vacancies that happen during the
recess The power of the President to ill vacancies was
not denied bu the amendment declared that unless they
happened in particular way, the salary OF the person
appointed should not be paid unless by consent OF me
Senate. He thought the mover would not deny that the
effect Of his amendment was to declare that appointments
10 vacancies caused by removals for political reasons
should not be confirmed This brought up the old qes
ton of the power Of the President to remove rom ounce
persons whose original appointment could De made oh! Dy
consent of the Senate That was the boldly avowed
opinion of the Senator from Missouri Henderson, and
his argument, could the question now be considered an
open one, went far toward convincing him Mr. ~ that
such the true construction of the Constitution IL
Senators had power 10 refuse appropriations to pay saan
of Executive officers, he held that its exercise could
only be justified as last resort, TO prevent usupa'oh
OF he destruction of the liberties Of the people.
If the President has not the legal and constitutional
power of removal, why not say SO distinctly III we
would adopt the doctrine Of the Senator from Missouri,
why not do in ali open and manly way After uni-
form exercise Of the power by every Administration since
the formation Of the Constitution and after at least ~
years of undoubed and unquestoned use thereof does II
become the Senate to DO il IN the indirect and sinister way
proposed by this amendment II such is the design is 1t
exactly OPEN honest dealing TO bolster IT up by affecting
TO believe that the President transcends his power by
making such removals But il comedies, he affirmed,
the constitutional power TO remove on It's face by proyd-
ing removals for misconduct IN Office shall be ex-
ceped from the prohibition of payment 1t could not be
said that he has the power TO remove for one cause bnt
not for another The idea was strange ana monsrous
that who legally holds an office and properly per-
pointment was particularly unsatisfactory lie be-
lieyed such position to he utterly indeienslbe,
wrong in principle, and one upon which no party could
stand He happened 10 say III Offering the motion 10 re-
consider that the doctrine seemed TO him to be almost
revolutionary. lie had since declared that no radical
Unionist had right To use that word, and he would
therefore, take leave to withdraw it. lie stated the origin
and status the controversy between Congress and the
President and said neither showed AZ yet disposition TO
yield To the views of the other but to appeal 10 the peo
in the election OF the next Congress He supposed that
the great majority holding Office, well as the mass OF
the Union party were with Congress, and il was feared
that the President might attempt 10 enforce his views by
the use of his patronage He hoped such not the
case But if he had such pnrpose, this amendment
would not defeat it, If he had not, would not such action
tend 20 produce the action We were trying Ia avoid lie
expressed in closing firm and abiding confidence IN the
sonndness of his position
Mr. TRuMBULL in reply to Mr. Poland, said he was sur
prised that the Senator from Vermont should have risen IN
The Senate to denounce which he and majority
Of the Senate had voted for 10 call pouoa quaCkei
an indirect and sinister way OF egsatng and To ask the
question Why not act in an open and honest way
Does the Senator from Vermont mean to impute TO q
majority of this body dishonesty III It's acton, and 10 say
that governed by sinister motives, and that II does not
act openly and fairly will not suffer myself 20 be
BETRAYED into such reply 10 these remarks as think they
deserve. In body where We are equal and where the
motives of persons are not Ia be assacd, Nhefe one
presumed be honest another have never myself
INDUCED in any remarks claiming for myself greater
honesty; have imputed TO Others sinister designs
or dishonest deeds The proposition under consideration
received but small part of the Senator attention ne
has denounced aud he has SPOKEN oi II as
resort To doubtful tnd desperate measures as one upon
which party could stand He says that ne y di POGO
he mean by that that anybody l. disposed u make t
fight out Of the pale Of The Constitution Why, sF,
think the majority Of the Senate who voted Tor we
measure have much respect for the Constitution a. the
Senator from Vermont and as little inclination To resort 10
Nny sinister dishonest mode Of legislation TO oauy ou
their Object What is this amendment and II l. 10 this
that design eonfnc my remarks not 10 90 into history
of the war or 10 recount the gallant deeds o the sons
Of Vermont. The heroic boy, who went from all me
States who put down the Rebellion. did their duty from
Vermont well elsewhere, aud our legislation neIe
should be shaped To the us OF The victory which
their yalor achieved and We should not permit by our
legislation here that the fruits a tie victory 20 achieve
which they made such great sacrifices should be lost The
proposition simply that persons unconsiiulionaly IN
Office shall be paid The Senator admits that lie would
have no objection ~ that portion Of the amendment wLoh
provides that fthe President shall undertake - h yscano
which existed while the Senate was III session., aitr NE
Senate had adjourned, that the person with whom De
fills that vacancy shall not be paid Was that SINISTER o.
resort 90 desperate measured To what does he object
He objects because will not pay man VINO Is pu' ih.o
Office for the purpose Of oyerhrowing TIE Union party
and turning the country TO those sho have been
dch,ing MS for five wears. Mr. 1nmbul then
argued III favor Of the amendment, reerating reasons
already urged by him for 1t. In eoncuson be
remare that If Mr. Poland not aware that the ffcs
dent was turning men out Of office, be Mr.. Irmbul
was very well aware of The United states Marshal oi
pennsylvania and the Collector Of pitsburg had been re-
moved ard If he ri liberty 20 refer 10 what was being
done in Executive sessions, he might convince Mt.
Poland that removals we're not few or uncommon lie
knew OF in which oce-hoder had taken par IN
meeting 10 ind0rse Congress- ana soon AFTER receiver
letter on the subject asking him 10 explain II he was al
that meeting aud Endorsed its action .,-
Mr. SHERMAN spoke against the wisdom aud Pfopne'y
of attaching such provisions to the appropriation bil Inc
proposon did not Mr.. Trmbull said, provide mat
oya man should not be turned ont and Rebel put IN u
provided Just well tina, man who had held once ioi
i've wears could not be turned out and Union soldier put
in his place that If he was put IN he cOud not DC pau
until the Senate consented TO his appointment Inc
amendment did not accomplish the purpose ID view lne
l.t.l and ua hx lTen
sional legislation not by amendments 10 appropriation
bills Assessors, collectors posmastes and large class
of officers might be placed beyond the power OF removal
bv the President Congress Mr. Sherman said need have
no controversy with the President on this subject IT the
President used the patronage in his power against me
marty that elected him. il should be for Congress at its
next session guard against but there was no need OF
doing so now. -,
Mr. STEWART said he in favor Of reconsderng the
vote on this amendment He had no doubt OF the power
of Congress refuse to pay officers VI tho G0venent OF
to refuse pass Appropriation bills lie had no donb OF
the power Of the President TO veto any bill passed by Con
gress but il question Of polcy-s question OF cor
rect line of policy il had been the policy IN the last W
wears for the President to have the power OF removal
Something must have occurred recently 10 make ms
amendment necessary. He suggested that II would be
better before acting this question to ascertain what
was the policy Of Congress on reconstruction u was
said that the President would use his patronage 70 cary
on, his policy before knowing whether this would De rgh
or not Congress ought to present It's plan To the COUNTY,
At present he confessed he did not know what
the plan Of Congress IL seemed to be diihcu 10 as
certain what il was In the course OF his remarks MI
Stewart advocated the resolutions recently offered by him
for universal suffrage in return Or universal amnesty He
believed the Presidents plan better than that reported
bv the Reconstruction Committee which he did not sup
nose any member Of the Committee would unequlyocally
indorse Mr. johnson agreed with Mr. Sherman that II
was competent for Congress to control the appointment OF
inferior officers and III desired to vest the appointing
power in the Supreme Court. He quoted from the su
Court decisions to show that the power TO remove
from Office was vested in the President
Mr. HOWE spoke against the RECONSIDERATION. lie was
sorry 70 hear gentlemen urge against the pending amend
rnent that II would provoke collision between Congress
and the President 1t too much like their appeals TO
the Of the public, rosocd TO Tor ~ yeas pn 10
1884 in supuort of great deal of the legislation of this
III. Il,sn n a. ~ fnnnd Tho colsiOn WOnd be between