The New York herald., 1866-05-01

there was any moral right to do So The precedent
to be established might be abad ono and might return TO
plague the inventor; 1t might happen that those now In
the minority should obtain majority In Congress, while
the other party had President elected. Congress might
then refuse to pay the Presidents appointees Mr..
johnson said would read letter from Mr. Madison
the subject, written at a time when there was more
bitter between Congress and the President than now
| exists, admitting there Is a war at present
Mr. CLARK, (rep.) Of N. H.-There s no war tLaugh-
NJ JoHssos-I say admitting there is war. laugh
ter) am sure there is no war; but say admitting
Mr. SUMNER, (rep) of Mass.-A mere hypothesis
Mr.. TRuMBuL--A mistaken hypothesis naughter.)
Mr. JoHNsoS-This has little sqnnting that way, but,
unfortunately, perhaps, the honorable member from
Illinois does not see it. Q.aughter Mr.. Johnson
tinued his remarks on the pending amendment Mr.
Trumbull had admitted the power OF the President
during the session Of the Senate but denied his
right appoint Suppose the President, who is a
OF rmness and should be OF the opinion that it
is the purpose Of Congress to upon him, by taking
away the power to remove, what will he doY He will
remove and not appoint. The wheels Of government
win stop If the President is impeached for il he
defend himself and appeal to the people What is to
what never has been done in relation 10 any of the
predecessors of the President? What the condition of
the country? The war is over and the Union s'il pac
ticay dissolved What are the signs Of the tmes9 II
the instructions given by the Secretary OF State TO
Minister TO Austria carried out the result will he
war between this country and Austria We may defeat
the few soldiers she may send against US but abe will
I'll the with prvateers to destroy our commerce.
With the eleven States excluded frour the Union We arc
not in condition war; and IL tho report OF the
Committee on Reconstruction Is adopted these States
will be kept out till after the next Presidential election
Mr. SUMNER said he would like 10 simplify the question
before the Senate, which seemed 10 him Mr. Johnson
had done more to perlex than to explain. IL was said
that the fox when pursued cunnngy contrves TO throw
his pursuers Off the scent, and seemed to him that Mr.
johnson had been trying to throw the Senate Off the
Mr.. johnson had spoken OF the possibility of
with Austria He shared the soicude OF that Senator
with reference TO the question which he had referred
but he begged TO remind the Senate that could have
nothing TO do with this question. The question now
| pending so simple as hardly to justify argument
| Mr. TEuaBuL said Mr. johnson mistaken in sup
posing that this was a measure hostile to the Executive
II simply an amendment 10 carry out clear consti
tutona power OF Congress to prevent practice which
had grown up OF making appointments Office without
| consulting the Senate He did not believe the adoption
Of his amendment would affect the question OF with
\ Austria Uaughter)
Mr. SHERMAN said he believed Congress had the right
TO limit the power Of the President appoint II
csed that power in 1853 in the bill creating the occ OF
however, very harsh, and he would hesitate before
giving his mt 10 It, II the chairman Of the Judiciary
Committee would report bill to regulate the subject OF
removals and appointments he would support II II
| judiconsy framed There a jcalousy-he would
he OF time better than the present for regulating
tho subject OF removals and appointments by passing
wise and Just law the subject IL ought not be
passed in this informal way, as an amendment 10 ap
preparation bill He did not believe II wise TO declare
that an officer legally appointed should receive pay
unlcss his appointment was agreed 70 by tho Senate
Mr. HESDlsoS saii lie had partially prepared bill of
the nature referred 10 by Mr. Sherman He had come
the conclusion that the President had
| power % remove anyone from ONCE Washington in
eight years removed but four from ONCE Adams ten
jefferson eight Madison eight Monroe nine, John
Adams four. General Jackson removed two hundred
and thirty during the frat year. and after that four
or five thousand since Jacksons time the habit Of
moving has been much more frequent than before He
did not know that President johnson would undertake
remove from office TO any great extent But II he ir
Henderson, was in his place, and che differences
existed bcwecn and gress exist
Congress and Mr. Johnson he would ali the power he
had. he believed that until IL :. was taken away from
Ing power 10 carry out what he calls my policy" r
Henderson referred to the fact that Western newspaper
| had advised the President 70 march troops into the
Capitol and drive the Senate out and also that I Davis
OF Kentucky, had said that II the southern Senators
came here and joined the minority In the Senate
would be for the President TO cay which the legal
| Seuatc.
| and what now believe. II Is made the duty OF the
President 10 communicate 70 Congress, from time
Time and recommend for its confederation, such meas
ures az he shall deem proper The position assumed
was this that before the President could that
Office he would have to ascertain what bodies of men
constituted the Congress- II there four bodies OF
men, two Of them concudin, that they the Senate
aud The other two concluding that they the Holrc,
tia, the President must necessarily decide which to-day
constituted the House and which the Senate; that u
necessity and that II was his PLAIN constitutional pre-
rogatiyc and right TO determine under such state Of
case which was the true Senate and which the
true House Furthermore stated that " the Southern
members were TO get together with number of their
members OF the two houses and they the aggregate
constituted majority Of the two houses that the Prcs
dent had the constitutional function and rigb 70 decide
whether they the Congress not and f ne chose
TO recognize them the two houses Of Congress-
they constituted the regular, legal constitutional Con.
gTess That IL still my opinion.
lr. HowARp, (rcp) of Mich. the Congress de-
pends upon the will Of the President.
Mr DAvT-i furthermore stated that Il was the prov.
nce OF the two houses 10 Judge exclusively each
itself OF the elections qualifications and returns OF ts
own membcrs Tha, was the issue. The Presidcn, had
no control or iurisdction but nj the time II tho
member conicnding for get together In
such bodies A. constituted majority of the two houses
heu The President had the right To recognize thcm
belief
Mr. Ilowarp-win the Senator from Kentucky allow
me o ask him from what part Of the constitution h.
rycs this power
VI Davr answered by quoting the constitutional pro
vision requiring the President with Con.
grea+
Mr. ASruoSr. trcpl Of r l., said the Senator IRON
k"niprky moi long since made speech which AZ the
tine cycicd The surprise of the senate He had looked
for W the ~ - blt was not there and he desired
70 nos whlra fan u was-vhether n was the fault OF
the rporer publishers Of the GioJe that this oms
son occurred
Mr. D,yIs-ft " my isut
Mr. AsruoxY ssid that this practice of making
speeches and then either .suppreaeng them or 40
sterng them a 10 make replies 20 them appear ridcu-
lonE ought "a be stopped lie believed the reporters of
the oc,e ought 10 be held rcspons for tho publication
Of anything said In the Senate chamber He for one
should oppose The appropriation for the Gt, II u
made in tho senate
Mr. DAVIS 10 reply said that it va. common practice
for speeches 10 be withheld from publication In The ap
pendx of the Gi1e lie Intended print in the atpen.
dix the speech 20 which Mr. Anthony refctr~d
Mr HowARD aid he held in ms han The original re-
port Of the remarks which sr Davsfad Just explained
a. taken by the reporters al the tne aud written
from their notes He asked that " be Rad
The stcHrraRy read u accordingly Mr. Davis says
10 that the president " by te consultation made
the Judge OF what b. the Congress The excluded
Senators, with the minority IN this hody constitute a
majority OF the Senator's ~ all the Sates These two
could get together into concave and would be the
constitutional obligation of the President choose
tween The two scnaics then existing II ~ his power
and would nisi-c him 20 a. IIe has the right
and ny the Eternal no ought exercise that right N
were he would do IL tomorrow and recognize the
southern members with the minority here a. the CON
stitutional body -
Mr. DAVIS. al the conclusion Of The reading rose and
said;-hr President that ~ my principle sti and I
maintain that that y the ,rus principle of the consu
ton.
hr HovARp-The honorable Senator from Kentucky
tMr Davis ays that ls hia principle stiI regret very
much u hear him make such announcement rro-
"A h.