Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-01

precedent about to be established Knight be a bad
one, and might return 10 plague the inyentprt it
nlgnt happen that those now n thgminority should
had President elected. Congress might then re-
fuse TO pay the Presidents Spppintees. Mr. john
.9n said be would read a letter from Mr. Madison on
the subject, written at a. time when tbege WAS a
more bitter war between Congressand the President
than now exists, admitting there isa war at pres
Mr.. CLARK-There is no war. (Laughterl
Mr. JOHNSON-l say admitting there is a war.
tLaughterl am sure there is no war, but say ad
Mr.. SUMNER-A mere hypothesis. [Laughter.l
Z After few remarks by Mr. Sumner in favor, Mr..
Tr9mh1ll replied to Mr.. Johnson
Mr.. TRUM UMBULl said Mr.. johnson was mistaken
In suppOsing that this was a measure hostile to the
Executive. 1t was simply an amendment to carry
out clear constitutional powerof Congress pre-
vent practice which had grown up of making ap-
pOlntnen 10 office without consulting the Senate
Mr: SHERMAN said he believed Congress had
the right to limit the power of the President to sp;
point IL exercised the power in 1858. in the bill
creating the Office Of Comptroller of the Currency.
The pending proposition was, however, very harsh,
end he would hesitate before giving his assenttO il:
III the chairman Of the Judiciary committee would
report bill TO regulate the subject Of rewards and
RppO ntments he would support it if it was judi
ciously formed There was Jealousy, he would not
say war. between Congress and the President. and
he knew Of time better than the present for reg
ulatng the subject Of re .ovals, with wise and
Just law on the subject IL ought not to be passed
In this informal way as an amendment to an appro-
pratOn bill. He did not believe it wise TO declare
that an officer legally appointed should receive no
pay unless the appointment was agreed to by the
Senate. ~
Mr. HENDERSON said he had partially pr pared
bill of the nature referred 10 by MIR. Sherman. he
had come to the conclusion thai the Presiden had
no constitutional pJWer TO remove any one from OH
CO. w WasbingtOn, IN eigth ears removed but four
from office, Adams ten, Jefferson eight. Madison
eight, Monroe nine, John Adams four. Gen, jack
son removed two hundred and thirty during the first
year, and after that some four or FIVE thousand.
Since Jackson's time the habit of removing has heen
much more frequent than before. He did GOT know
that President johnson would undertake IN re-
move from office TO any grent extent, but II he
(Mr. Henderson, was in his p ace, and the same
difference existed between him and Congress that
would use all the powers he had. He believed that
until it was taken away from him Mr.. Jobnsn.would
be justified in Hsing his 1ppol9tiRg Power to carry
ferred 10 the fact that Western newspaper had ad
vised the President to march troops into tho Capitol
and drive the Senate out and also that Mr. Davis, Of
came here and Joined the minority in the Senate, it
would be for the President to say which was the lOy
al Senate. OK.
Mr.. DAVIS-Iwill state what did say and what
now believe. 1t is made the duty of the President
to communicate to Congress from time to time, and
recommend for its consideration suah measures he
this: That before the President could exercise
that Office he said he would have to ascertain
what bodies of men constituted the Congress-
II there were four bodies Of men. two of
them concluding that they were the Senate and
the other two concluding they were the House,
that the President must necessarily decide
which body constitute the House and which
the Senate that it necessity, and that it was
his plain constitutional prerOgatve and right to de-
terrnine. under such state Of case, which waI tho
true Senate and which was the true House | fur
thermOre stated that If the Southern members were
10 get together, with number Of their members Of
the two Houses and thew IN the aggregate eDnstitutt
ed a majority Of the two Houses, the President had
the constitutional function and right to decide
whether they were the Congress or not and he
chose to recognize them as the two Houses of Con-
gross, they constitute the regular Constitutional
Congress That is still my opinion.
Mr.. H0WAKD-Then the Congress dept nds upon
the will of the President? .-.
Mr.. DAVIS-I Furthermore stated that il was the
province Of the two Houses to judge exclusively,
each for ITSELF Of the elections. qualifications and
returns OF its own members. That The issue
which the President had no control or iursdictiOn.
but if the members cOntending for Eeats to get
together in such bodies a. constituted majority Of
the two Houses then the President had the right to
recognize them the Congress. / say so still.
That is my opinion, my belief. - .
The Senate, at p. NJ, without taking action on
the pending bill or amendment, adjourned.