The Portland daily press., 1869-03-20
Saturday Morning, March 20, 1859.
XLIst CONGRESS First Session.

ing divorce cases in the District of Columbia.
and the bill regulating the rights Of married
women in the District of Columbia was taken
up and passed.
Mr.. Wilson's bill continuing the educational
and collectional departments of the Freed
mens bureau was reported and passed.
MI. sumner called up the bill to carry INTO
eftect the DEGREES of the United States Court
felatve TO compensation for Britisn Vssseis IL
legally seized during the rebellion,
Mr. Stewart said he was opposed 70 Tue pili,
and opposed to compensatng Pritisn subjects
under any circumstances for ships seized by
our Government during the late war, until
Great Britain should agree to set tie our claims
Mr., Sumner said these were cases in which
our own Courts had decided that the British
vessels had been wrongfully seized.
Mr.. Stewart was at a loss to see how Brit
ish ship could have been wrongfully seized by
the United States during the rebellion, when
Great Britain was, herself, making active, fla.
grant war upon US. His doctrine was that at
that time it was perfectly proper for the United
wherever found.
Mr.. Fessenden was astsnished at the avowal
OF the Senator from Nevada, and thought the
policy which that Senator advocated incon-
slstent with law, equity or national honor
The pending bill was intended simply to carry
into effect DEGREES of our own Courts.
Mr.. Stewart said he did not hold himself I'M
der any obligation to carry into effect the de-
crees of any Court to pay British claims until
our claims against Great Britain should be in
fair way of being settled. The DEGREES were
no doubt legally correct but they were based
upon legislative action long anterior to the war
aud without reference to the conduct of Great
Britain during the war. He repeated that it
would have been perfectly proper during the
war for the United States to retaliate upon
Great Britain by destroying her ships. 1t
might not have been wise, for it would, of
course, have led to open war Even as 1t was,
however, there had been war between the two
countries, but it had been all on one side.
The bill went over at the expiration of the
morning hour.
Mr.. Cassidy, from the Committee on Public
Lands reported bill amendatory of act to pro-
tect the rights of actual settlers on public
lands. The bill provides that Agricultural
College scrip shall be received from actual set
tiers in payment of pre-empt0n claims in the
same manner as bounty land warrants, and
that all locations of such scrip made within
thirty days after the passage of the approval
OF said act, if otherwise in conformity with the
laws, shall be deemed legal and valid
Mr.. Drake submitted substitute for bill to
reorganize the judicial system lately reported
from the Committee.
The tenure of Office act came up as unfinish-
ed business.
Mr.. Scott resumed his argument to show
that the power of removal from Office is within
the jurisdiction of Congress, and may be regu-
lated by legislation. The Republican party
= was cOWmlJteQ TO Jlat view by the tenure OF
Office act, by the vote ON the impeachment, and
by its party platform. He hoped, therefore,
that the Senate would stand upon principle
and refuse to repeal the law; but he would
vote for its suspension with proper qualifica-
tions and safeguards.
Mr.. Shurz thought that man might declare
himself in favor of repeal or against, without
being open on the one hand, to tle charge of
obsequio1sness, or, on the other hand, to the
charge of discourtesy to the President. Had
4l.n fad f0 M q oivnr In
upon itsImerits he might have voted for repeal.
He believed the law to be strictly constitution
al; but the consti utional view was not always
the only, nor sometimes even the most impOr-
tant view of question, and in this case there
were certain great practical questions to be
taken into consideration. One of the greatest
problems presented to the statesmen of the
day was how to reform the public service and
root out the degrading and disgraceful corrup-
tion and ineficiency now existing there. The
main source of that corruption was not to be
found in the exercise of arbitrary power of re-
moval by the Executive, but in the system of
appointment of public officers at random from
personal or political favoritism, or upon the
principle that Ito the victors belong the spois."
Whilst that system should be continued it
would be question whether the warlike ten
ure of Office act would not do more harm by
preventing Statutory removals by good Presi-
dent, than it would do good by preventing inn
proper removals by bad President. When
the body polite was daily swallowing poison,
it was well to have at hand, ready to act and
promptly, powerful emetic, like the absolute
power of removal from office. Therefore he
might be willing to vote for repeal if he thought
that the majority of the Senate was in ia
ver of keeping the law ON the statute book
in its present form. 1t seemed, however,
to be generally understood that if the law
was not repealed it would have to be modi-s
fled at the next session of Congress. For
this reason, paradoxieal as it might seem,
he wonld now vote against repeal because he
hoped that when the subject should came up
again Congress, having already attempted re-
form in the wrong direction and failed, would
go to the root of the evil and at least attempt
a true reform by establishing system of ex-
animation, appointment for merit and remov-
ais for cause, thus giving respectability and
permanence to the public service. He did not
expect to bring about the millennium by an act
OF Congress- but he did hope that the nextses-
sion one step at least would be taken in the
right direction. With this hope he would vote
to suspend the law in order to facilitate the ac-
tion OF President Grant in removing unworthy
public officers. He had heard with regret ru-
mors that the President felt sensitive on the
subject, aud would not send any nominations
to the, Senate until the tenure of office act
should be repealed. These rumors. though
doubtless without foundation, had tendency
to make trouble between theIegislative and ex
ecutive branches of the government, and were,
therefore, to be deprecated, because although
the struggle of Congress with Mr.. johnson
has shown that President, even with the full
est official power nd patronage, was in the
end powerless against the will of the people
and their representatives, yet it was also shown
that he could impair, and to some extent neu-
tralize the effect of the best legislation. He
(Schurz) could not himself believe any of these
stories; he was not one OF those who availed
themselves of every opportunity to fly into
paroxism of adulation of President Grant, but
he had TOO favorable an opinion of his charac
ter and judgment to believe that he would not
a.lf e ~ l.,
what the country expected him to do whether
aid came in the shape of suspension or repeal
of the tenure of Office law.
Mr.. Sprague followed with an argument for
the repeal.
Mr. Nye humorously defended the lawyers
from the sledge hammer assaults of the Boan-
erges from Rhode Island.
Mr.. Corbett made an argument for repeal.
Mr.. Bayard also spoke in favor of repeating
the law, because he believed it unconstitution-
At 440 the Senate went into executive ses-
sion and soon adjourned.
HOUSE
Mr.. Paine introduced bill to refund to the
city of Milwaukee $4,000, for money advanced
for the improvement of the harbor. Referred
to the Committee on Commerce.
Mr.. Dickey introduced bill to refund to
distillers of brandy from apples, peaches or
grapes the special tax exacted under section 81
of the act of July 20, 1868. Referred to the
Committee on Ways and Means.
The House then went into committee of the
whole and proceeded to consider the Iudian
appropriation bill. After a long debate, in
whic the usual complimentary language was
INDUCED in towards the Indian Burean, the
BILL as it originally passed the House at the
last session, was reported by the committee te
the House and passed.
Mr.. Judd, from the Committee ON Foreign
Affairs, reported a resolution instructing tho
committee to inquire into all the circumstances
relating to the alleged imprisonment of Bliss
and Masterman in Paraguay, and into the
conduct of the late American Minister at Par
aguay and Of the officers commanding the
South Atlantic squadron. with power to sepd
for persons and papers, and to report at any
time.
The Speaker presented a communication
from the Governor of Massachusetts, with the
action of the Massachusetts Legislature, rati
flying the 18th article OF the amendment to thu
Constitution.
Adjourned till Monday.