The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-15
CONGRESSIONAL PRooEnD1Ncs,
The following are the Congressional proceed
nes OF yesterday, continued from our Fourth

NAT roland tVt said ne mad given notice that he
WOULD call up the Bankrupt bill to-day. He did not
s ~ 10 erle with the pending message,
now before the senate, wa, disposed Of
Inc pendiSs aues ion on the oil to regulate the
tenure OF once was on Mr.. Hendricks lind. mo-
on 10 strike out from the hrd section the following
"And il no appointment by and with the advice
and consent of the Senate shall be made to such
ONCE 80 vacant or temporarily hled as aforesaid
shall remain in abeyance without any salary, fees,
pr emoluments attached thereto, until the same
athe advioo and consenJ of the Senate And duy1ng
such time all the powers and duties belonging TO
such ofioa shall be exercised BY such other officer
as may by law exercise such powers and duties in
Ycase OF vacancy to such office
The proposition was debated by Messrs. Hen
drtelts, Cowan, Williams and Frelinghuysen.
The latter gentleman read from Justice Story
ON the subject of the appointing power of the
q anate TO q long extract from Justice Story, 10
prove the dangers of legislative usurpation he
lMr. Frelnghuysen) would read the opinion of
4the same great jurist on Executive usurpation.
III MI SHERMAN said the bill contemplated
fnothing that was unconstitutional 1t simply
asserted the right of the Senate to q share in
4 the appointing power as provided in the Con-
94utuuon. The opponents OF the bill had cha
sfactorized II as revolutionary. He could see
#pothinG revolutionary in it. He agreed that it
was Important to guard against the Contiu-
Rgency Of q vacancy in Office, but he believed
IfMr. Hendricks amendment were adopted,
{ he feared the Pres dent would continue to re-
#aDpOlnt men VINO mad been rejected by the Sc
8nate. OF the two thousand removals made by
Hthe President since last summer, not one hun
Rdred of them had yet been reported to the Sc
nate. If the amendment of Mr., Hendricks
were adopted, the President could continue to
withhold their names, and reappoint them after
fhe adjournment In several cases the Presl-
dent had reappointed men rejected by the Sc
mate. This was the case OF the Postmaster of st.
AI,ouis, and with the Collector at Philadel phia
sand Internal Revenue officers elsewhere. II he
Mr.. Sherman) believed the President would try
20 harmonic with the Senate, and send in
j N hnr " pV1nn n a 10 10
&iected he would be willing TO let him fill va
canCies during the recess, but the President had
Nmanifested no such disposition.
Hdricks that he withdraw his amendment for the
present, and let the debate proceed on the gene
& Mr. HENRDRIcKs complied with the sugges-
ton of Mr.. Buckalew. and Withdrew his amend
Mr. HOWE (Wis.) moved to amend the third
section by striking out the words expiration of
term of office or other cause" from the first
clause of the third section, which reads as fol-
Aiows:-"That the President shall have power to
I'LL all vacancies which may happen during the
Igecess of the Senate by reason of death, resigna-
tton, expiration OF term OF office or other lawful
cause. by granting commissions which shall
Expire at the end of their next session there
4hfter" His amendment was agreed to.
Mr.. HOWE moved to amend the third section
8Dy auuing aiter the WORDS session o! ,Che
HSenate,n in the clause proposed to be stricken
Aout by MIR. Hendricks the following words:-
8"Or If no appointment by and with the advice
'&and consent OF the Senate shall be made to any
#lpf1ce the term of which shall expire during the
8session of the Senate"
"A Mr.. WILL ANS spoke on the general merits of
1.-THE bill He did not believe there could be any
thoubt as to either the constitutionality of this
&bill or the necessity for it. The absence of any
|4pf removal to the President, was presumptive
#evidence that the trainers of the Government
meant TO deny him such power in express IAN
#guage, All primary or principal powers dele
gated to any department. of the Government
*were mentioned in tine Constitution. The
RSenate of the United States was placed in the
8situation of council of state-as an advising
4body to the President, and as a check upon the
I Mr Williams read extracts from the Fede-
8r0iiSt and other writers, TO show the opinions
= OF Hamilton, Madison and others on the subject,
and referred to Supreme Court decisions, which,
he said though not directly upon the matter
Nunder considerations were su fficiently explicit
to lay down the doctrine that where there
8no statutory legislation to the contrary, the
8power of removal was incident to the power Of
1appointment
In conclusion, Mr.. WILLIAMS said that no
man could say there was no necessity tor this
#legislation for this encroachment of the Execu-
tive upon the Legislative Department was posi-.
lively alarming. This attempt to buy and
sell men with the patronage of the Government
tended to produce results disastrous TO the pest
Interests OF the country. The joint power of the
HSenate in making appointments was granted TO
it fol wise purpose, ana the pending bill at
2tempted to go no farther than was allowed by
"A the Constitution.
Al the conclusion of Mr.. Villa ms speech the
#Senate, at p. M, went into Executive session,
i and soon after adjourned.
House of Representatives,
A page of Mr Loans manuscript was sent to the
~ Cle,k's desk, and read as 1olOws:-"Ihe crime
jmeanIng the assassination of Mr.. Lncolnl was COM
& mlted, the way made clear for the succession.
81 The assassins bullet welded and directed by Rebel
hands paid for by Rebel gold, made Andrew john
" Son President of the United States. The price
which he was to pay for his promotion was trea-
cherry to the republic fidelity to the party OF treason
and rebellion" "
Mr Hale claimed that another sentence TO the
# same general effect had been pronounced Dy Mr..
Il Loan,
hot ba had cd 4unt
than the sentence read and asked Mr. Hale to state
e what he had supposed had been read.
Mr.. Hale replied that that was the very thing be
desired to have read.
Mr. Loan sald he was not under any obligations
81 to furnish any more OF the manuscript than he had
The Speaker remarked that the speech being read
from manuscript it had not been taken down by the
M. Hale stated that the words to which he re.
ferred Were 10 the effect substantially as those read
CARVING the direct idea that the now President OF
the United States was party to the assassination
of Mir. Lincoln, and thar he contracted 10 pay ano
did / ay a price Tor that assassination.
M. Loan submitted that as Nr Hale could NOT
give the words excepted to, his point OF order
i~i The Speaker said the ruling of the Chair will
~ cover the whole case. The Constitution OF the
United States (Sect A, Art. p reads:-"Ihe Presi
dent Vice President, and ali cyv officers OF the
M United States, shall be removed from office on i'm
Deachment for and conviction OF treason bribery,
section OF the Constitution states that such impeach
.ment must be tried by the Senate On Monday last
the following resolution was offered by the gentle
n mans N Mr. Loan's) colleague (The Speaker here
read the resolution, and cOntinuedJ This rssO u
tiOn makes a general charge OF high crimes anC
1nisdemeanoTs, without specifying particularly Wha
the high crimes and msdemeanors
The resolution now open for debae-Ifa member
in debating IL charges that the President was an &C
compIice IN the assassination Of Mr.. Lincoln. tina
4 certainly in order, both under the Constitution
and under the rules OF the lOuse; and for the rea
son NJ ID were not, then if any member charged tn
President with treason, he could not state tn
Gronnds on which he charged him with such tTea
an nrdp