New-York tribune., 1866-05-01
adOp.ea authorizing the construction Of bridge at Han


ment 10 the bill:
No person exercising or performing the duties OF any Office
which by required be filed by the sdvce and consent
Of The senate az before confirmation by the senate receive
any salary or his services unless he he cpm
missoned by the President to I'LL mp aveeaney when nes
during the recess the Senate aud since i last aoonrn
hanpenod by death resignation expiration OF term
Mr. JOHNSON Md opposed il as an lnfnngement q tne
appointing power of the President lie did not thIk t
rr of the power Of removing from Office was understood
in bic amendment according TO statute OF 1000 10 pro-
vide that officers appointed by ana WIN me auiSe Ss
consent of the Senate should be by and with
the advice and consent Of tho Senate Tbs was o-
vied in the law creating the Office OF TIC controller o'
the Currency. The President Nh Tnmbnll s4id, mar 10
authority over the Treasury Of the country lie cannon
draw his salary without the consent OF C0ngrtsS lhee
is therefore no Constitutional question in violation IN
this The inmation a the amendment was TO prevent
any one being put out of office and another In ms place
NO a. 10 receive his pay and II the President thhhs
proper to undertake to refuse officers the successors shan
pay, II this provision becomes law uD lac
is confirmed by the Senate.
Mr. Jonysov said that admitting the power Of Congress
10 refuse pay officer, IT was questionable Whe'her
there as any moral right 10 do The precedent about
to he established might be bad one and might return TO
plague the inventor; it might happen that those now IN
tho Other Iartv had resden elected Congress might
then refuse pay tie Presidents appointees Mr. john
son sad he would read letter from Mr Madison on the
snheci written at time when there was more Uitter
wal between Congress and the President than now exists
admitting there Is "a war at present.
Mr. CLARK v. H.l-There is no.war. ll.aughterI
Mr.. JoHSsoS-I say, admitting there is war. lLaggh-
teri am there is war but say, admitting there
NJ SnysTR IYassl-A me-e hypothesis uaughtor.l
Mr. TRUMBULI-A mistaken hypothesis. laughter
Nr JonYsOg-Ihs has little squirting that way but
unfortunately, TeIhaps, the honorable member from HI
nois does Dot see II. lLaughtor ,,-
M JOHNSON continued hls remarks on the pehGlAe
amendments Mr. TIUInbll Lad admitted the POKER Of
the President durigg the os-oD OF the Senate
but denied his right 10 appoint. Sunpoe the PresGent
who is of mness nd nerve should be OF the OPP
Mon that i tie purpose OF Congress to war upon h,
by taking sway the power 10 tnoye what WIZ be 90
He viii aud rot appoint 'hc wheels 0l Govern
mcn will stop. III the President i npeaehed i?r ~ ne
can d,SeId himself and peal TO tie people. What IS TO
be accomplished by carrying on an apparent war dong
what nevor has been done in relation 10 any Of e pled
oessors of tie President What Is the condition o the
country The is over, and tie Union stu pTaclealy
Dissolved What are the signs OF the tuesl II the li-
siucions given by the Secretary Of State to our Minister
10 Austria az carried out the rosui will be wax between
this county aud Austria We may deieat the i'" 7oid
she NAV sond AGAINST u.s. bat she viii MI The seas Nih pm
vaterrs 20 destroy commerce. With The II States eN
cuded from the Union, We are not ~ CONDITION 10 90 10
war and tLo report of The Committee on Keeonslrnc-
iion adopted, these States viii be sept out ih "ef 'e
next Pre- Dental election.
Mr. sUESTn aid he would Ike to simplify the qussuon
before tie sraie, which, II seemed To nm MI JOHNSON
had dore more peTrlcx than 10 explain IL was saiu
that Tho y when pursued ounniugly contves 70 throw
his rursus II the scent ani II seemed 20 h inat n
johnson Lad been trying TO throw The senate on ,e SEM
Mr. johnson bad spoken of the possibility 81 war Vh
Anstna lie shared the socitudc OF that senator WIN
reference the quesdn TO which be had REFERRED pu he
begtod remind the Senate that ~ cold have nothhs ~
do with this ouesion The question now pending was 80
I simple hardly TO justify argument.
Mr. IkUMBuLL said Mr.. johnson was mistaken N snI-
posing .Lai this hostile 10 the EAeepfe
Ii va simply amendment TO carry out Clear eosu
ional rover of Congress to prevent practice when h
grown up % mssnt % 5as beeve 10 the adoption Of
his amendment would Affect the question "i war "th
Austria. Laughter. -. "a ,,o
night 10 init the power OF the President 10 appoint IL
cysrcisd that rover 1873 In the bill creating the once
.f Controller Of the Currency The pending pTop1s
l-r. aslt he
,s fht camma b uos report q 51 hi 70 Peeaaie @
subject OF removals and appointments, he would support
i, II II gas iud cously framed There jealous!-he
would not say waTbetween Congress and the Pfesi-
dent aud be knew o time better than the present FOR
r,yuisiuc the subject removals and appointments by
passing wise and nst law on The subject IL ought not
10 be passed m this informal way as an anendent 70 a
appropriation bill He did not believe II wise 10 declare
that an officer legally appointed should receive 10 ia!
unless his appointment agreed 10 by the Senate
Mr.. BESDKBsoS No.. said he bad partially proposed
hill of the nature referred 10 by Mr.. sherman He hid
come 20 the conclusion that the President lad no contu-
tional power any one from ohce Washington
in eight wears removed four itom Office Adams 'n Jeber
son eight Madison eight Mnnroe nne John Adams iour
Gen. jackson removed p during the hIst year. ana afe
that some 1000 600 Since Jackson time the haot
of removing has been much more frequent tah peoie
lie did not know that President johnson would undertake
10 remove from Office to any great extent But II nc l
Hendervl in his place and the same dncehces ea
s,ed bctween him and Congress that now exist between
Congress aud Mr. johnson, he would use all he power nc
had lie believed that until II taken away IRON hiin
/ Mr. wOuld be iLsthed III using MS apPouhHt
nnnsr @ to carry out what he calls any policy Mr. Hen
derson referred TO the fact that western newspaper had
advised the President to march troops into the Capital ana
drive the and also that Mr. Davis Of Kentucky
had said that il the Southern Senators came here ana
oined the minority in the Senate II would be Tor the
President 10 say which was the legal Senate
Mr. DAVIS lky.l-I will state what did say and what
now believe. II is made the duty Of the President TO
communicate Congress, from time to time, and recon-
mend for It's measures as ne sna ha
President cond that Office he would have to ascer
tain what bodies Of constituted the Congress- II tnere
were four bodies II men, two Of them concluding tha ne!
were the Senate and the other two concluding that they
were the House. the President must necessarily decide
which body constituted the House and which the Senate
that il was necessity and that il was his plain consttu
tonal prerogatve and right TO determine under such
state the which the true Senate and which was
the true House s'sitS % 'aa1 nnbe e of their
members Of the two Houses and they IN the aggregate con-
stued majority Of the two Houses, that the President
had the constitutional function and night 10 decide "hete
they were the Congress not and be should choose 70
recognize them the two Houses of Congress- that they
constituted the regular legal constitutional Congress
Mr.. HOWARD iiieh.)-Thon the Congress depends upon
the will Of the President.
Mr. DAvIs-I Furthermore stated that was tne prov
ince Of the two Houses judge exclusively each for IT.
self Of the elections publications and returns OF It's own
members. That was tho issue. The President had no
control or jurisdiction, but at the same time II the mem
be contendng for seats were TO get together in such
bodies constituted majority of the two Houses then
the President had the night to recognize them as the Con-
grcss. say 20 STILL That is my opinion, my belief
Mr. HowARD-Will the Senator from Kentucky allow
mo to ask him from what part Of the Constitution he de-
rives this pOweri 80
Mr DAVIS answered by quoting the Constitutional pro-
vision requiring the President to communicate with Con-
gress.
Mr.. ANTHONY (R. H. said tie Senator from Kentucky,
not long since made speech, which at the time excited
the surprise Of the Senate lie had looked for it in The
Globe but there and he desired TO know whose
fault was whether the fault OF the reporter or
publishers Of The G!ote that this omission occurred
Mr.. DAvIs-It Is my fault
Mr. ANTHONY said that this practice Of making speeches
and then either suppresng them altering them as TO
make renes 10 thc anpear ridiculous ought to be stopped