The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-11

peCous condition Of seryitude aud ali acts parts Of
"a ason.ss = with sss provisions q
hereby declared nan snt void.
the above was adspsed a. substitute and the bin was
passed The following Is the vote
munds rsssendsn, Fog Poster Fowler Grimes hsnasr
Poland, sherman, Stewart Sumner, Wade, Wiley ana
NAYs-Msssrs~ Buckalew. Dixon Hendricks, johnson,
Norton. Patterson, Riddle salisbury and Van winkles
The bill goes back 70 the House forccncucnce in
y THE TENURE OFFICE.
Mr. EDxusos called the Senate bill to regulate the
tenure of Office The bill was taken up and read a.
length, as fsllows:--
RnerLArIsc TENURE OF cERrArx CIVIL OFFICES
That ing asaas 81 ~
and with the aayiee and consent Of the Senate and every
shah emitted % hold said onces respectiyey until sue
Otherwise provided b. Law.
Sa s.se .
Of the Senate be guilty Of misconduct II Office or rot
and the President may appoint to
%
dsncs and for the action Of The IN ssen
isr inspssoa N And fr:sasa. have
q that aaas h @
ssvcs and eoasenl any Glsd aiors
g, shall 1s. s s. 81 cs s
For iR s and q The land
naval forces NV E f't. IN. n a III le cffG ~ ee6
The cousnattss accommodated strike out the above
That every excepting the Secretaries 81
state q the Tsasry q Wa, Of che Navy and Ct Ss In
hpdng any civil Office 70 which he has been appointed by
aes with s ami Of ss senate and ssss
Sa & s RS duly e act Is ssS
been Ike appon'ed and duly qualified except as
SEC q That onleer appointed aforesaid
cepng Judges Of the United States courts and excepting
ing Senate be shown evidence satisfactory
e s or
fed perform its duties such and In no Other the
ss%'
Be acted the Senate IN such sh. Be the
duty Of the President within twenty days after the first
the evidence FOR
the duties q such oce The
shall concur n such suspension and advise and 70
dent who such officer and and with
such S such officer SHAH forthwith the
pointed shall cease The odlcia salary
belong person performing duties thereof
hs 0es % % pend ,.s chat the
pension made insufficient grounds, shall be author
Provided e sasa such
cnste such officer the performance Of the duties Of his
SEQ That the President shan have power 70 an an
ate by reason Of death resenation expiration torn
or s ss en sns
appointment BY and with The advice aud consent Of the
. g.. s.m.s
sifs
al ss and oas s ss z such
duties and powers OF vacancy IN such ONCE
That a. n :e s I'll .s y e
is limited BY law. - rs {
Mr. HowE. rep, Of Via, could SEQ no reason for ex-
ceptng the beads Of departments from the operations OF
this hw. II he understood the question Alright they
wsrs created by Law for tho pubic welfare Just a. much
s'sa ss,an ossas s. SsSn ~ p.s M
bin dd not doubt ahAt the hea1A Of depArtIne0Ne
&c. ass e r. re- ss .
In the aesctou u Ms Ch6sust 0lncsrss - ie- f&s
Ne Hawx could nm ~ ssAsos ssr makiSg the ex-
coptson proposed by the committee IL was true that
the CAbiues cRcs hsd peculiar rotations % me PresI
dent but they the less responsible the peo
ple British Cabinet ofncer had leave the Cabinet
when his course displeasing the people, and
he could not 500 why American Cabinet should not
be much responsible to the people % British Cab
Mr. BUxx... tseml ofsPa, argued against tho
M HOVE moved 70 strike out the words sexcept the
Secretaries Of State, Of tho Treasury Of War; Of the
Navy and Of the INFERIOR the Postmaster General and
the Attorney General" in the nrst section Of the pro-
NJ EDnuSDs thought the President ought 70 have left
TO him the discretion given him BY the exceptions
Mr. HOWE said the second section OF the bill provided
Sufficient safeguard against corrupt Cabinet officers
Mr.. WILLIAMS opposed the amendment OF the House. \
He held that the President responsible directly
the Of his Cabinet officers and therefore should
be limited by the Senate In the selection Of them
Mr. Foou, trep.) Of n. H.. asked Mr.. Williams II he
Thought the President could be impeached for the
derneauor OF Cabinet onicers h /. .g.ls1, - 4
Mr. WILLIAMS said he did not think he could, unless il
could be shown that he was party 70 the crime CON-
mted by the Cabinet officer
Mr. FrsSEvDEN said the constitution imposed upon the
President and not upon the Secretaries the duty OF
cutting the laws. Secretaries were the confidential ad-
vsors Of the President and Standing in that relation,
their connection with him very peculiar. Ii was
important that Their relations should be entirely harmo
NOUS was not many many wears ago SINCE , .ompsns
among themselves II had already been the practice
let the President select his own Cabinet ocers and the
Senate always confirmed them, even when they did not
like them He did NOT think il treating the Office
OF President with great respect TO say that he should
not remove Cabinet officer during the of Con.
gress IL was carrying the matter Tar. Under ord.
circumstances he would be opposed TO egisaiing
on the subject at all He rsgrred that there Was any
necessity tor it. He had the last session that
IL the President should disregard the power OF the
Senate in the matter Of appointment by reapponting
whom the Senate had rejected he wuud be favor OF
legislannr this matter That contingency bad arisen
The President had Ieappontsd .men,irpm The State Of
STOOD the SENATOR from Maryland Mr. phnson) to hold
thar this Wis In violation OF law. ~ .ss .ai WI
Mr. JOHNSON said he SO believed, ts4 I. /.
Mr. Pxssypss was glad the Senator nom Maryland
III HOWARD trep) of Mich, said the leesiasnt had
nit,sa che onsncs in great many casss thai had
come under his knowledge. N~ N
Mr. Hows resumed the doc. In advocacy Or his pro-
posed amsndment f
Mr. JOHNSON said be free give the opinion that
the practice VI reappointng rejected bv the Senate
In conflict with the spirit OF the constitution He
had expressed this opinion once Attorney General
II but just TO the President 10 say however that
what he had done had been done In accordance with the
example OF his predecessors and this example had been
based upon the opinions OF the Attorney Generals Writ
Cushing and others. All that he would say wss Ia his
Judo such practice wss ut With the spirit Of the
constitution, because enabled the Prssideur 10 take
from the Senate all ifs power and responsibility IN the
matter of appointments With regard to the Presidents
power OF removals had not been seriously questioned
since the first session Of Congress, when wss settled
bv majority OF that hs had that power Mr.
Madison held that the OF removal might W abused
10 render the President liable 10 Impeachment
hut since thai time the pracce had been upon
q different belief. Mr. Johnson referred at some
length to the conduct Of President Jackson in
removing the Secretary of the Treasury purpose
Of appointing successor who would remove the United
states deposits On the Immediate question before The
senate which Mr. Howe's amendment, Mr. johnson
said il impossible 70 have harmony ia the councils
Of the PreSden II you denied him ibe right TO select
= IA -. IT,