The New York herald., 1869-12-08

relieve members OF Congress from importantly and
TO preserve independents OF the dlnerent depart
ments OF the government. 1t provides thas any
member OF Congress or delegate from q Territory
VINO snal directly or indirectly solicit or recon-
mend the appointment to ONCE by the President or
executive aepartments excsn9 sucn renammends e
lon DC In wr,tlng IN response to written request
OF the mead OF the department. asking information,
or " senator IN giving MS advice ana consent In
the manner provided by the constitution shall be
gllity OF udsdeneanor, and on conviction thereof
shali be fined not exceeding 81 900 for offence,
and II shall not be lawful for the President tina
head OF any department to appoint 60 ofllce o1
employ IN his department any person VINO snail be-
directly or Indirectly recommended therefor by any
lneinber or Congress or delegate from Territory,
except 40 The manner now provided.
hr. TRUABULL explained the provisions OF the
bui. that some reform was needed was generally
coneeded. 4 civil Service oil had Ceen prepared,
Whlca maze the appointment 10 oiiice depend on the
fitness or the applicant TO be determined by board
OF examiners, but the difficulty was 10 organize q
board when should Itself be beyond partisan control.
Jhe powers oi the government wore divided up into
three departments. Ours was emphaticaliy gov
ernment OF checks and balances. upon the proper
maintenance OF which the peIpetuaton OF our re-
publican system depended. In some oi the states
not only were me governments DIVIDED INTO the ex-
ecutive, legislative and judicial branches but post
tive prohibitions were LAID down In the constitutions
OF these states against The exercise of any OF the
powers properly belonging to one by either OF the
others. Nhlle he United states constitution vested
the legislative power IN Congress, the executive
power m a President and the judicial power
nnbi the exercise or any part OF the powers OF ond
BY another as was done By some OF the constitutions
IN regard 70 state affairs The appointment to
once, properly an executive Junction under tho
FEDERAL constitution, was not gwen exclusively 70
Tue executive department. lndeed neither tn0
PRESIDENT nor any mead oi department could ap.
point an cieer IN any case without the consent OF
Congress or the advice aud consent OF the Senate.
The constitution requires the President to nominate
and ~ and With the consent OF the Senate TO app0lnt
vice President, Senator'S, Representatives, and the
officers Of the houses oil Congress. During recess
OF the senate. the President may appoint TO nii .
vacancy All other powers exercised BY tnd
President and heads OF departments We're conferred
by acts or. Congress- Practically, appointments
had not for some years, been made within the con-
stItutlCnal mode Nonlnally, appointments were
made, but In reality they were dictated and con.
troled, IN vast majority of by an influence
unknown TO the constitution and laws. Every SEN
ator ana Representative knew that appointments
were dictated by them, and that tue PRESIDENT and
selections with an eye single to pubic good. As
general rule, no man could be appointed 10 any fed
eral onlcc, local to the district, unless he mad the
recommendation or persons VINO happened to repre-
sent the district FOR the time peing III Congress, be
be a friend OF the administration. go arbitrary was
TINS ruc SAID the speaker that he knew OF instances
OF faithful pubic oflicers friends oI the admir-
istraton, beng removed To make q place for
lrIeno OF the Representative from the district
and ut subsequent period during tne same
administration, the new appointee had oeen removed
10 give che place either to the former incumbent or
some other friend oI a new representative VINO at
subsequent election had succeeded IN supplanting
tue former one. MBen the nomination came before
the senate tie action upon was mere fOrm and In
many cases no other question was asked than
whether the nominee was acceptable 10 the mems
Der Oh Congress concerned. lu some instances tns
uences wero brought to bear to secure the election
OF members OF congress with the understanding that
IN case u success the candidate would use ms nnu-
eace IN lavor OF certain party. Ihis practice haa
even led 10 the creation OF ofces TO provide places
for frieDds OF members Then how could members
OF legislative departments OF the governments
expect TO preserve tier Independence as legis
lators, Mnea continually asking personal 1avora
IN the matter OF appointments from heads OF depart.
ments Ihls pressure by Coagres5neu Tor oficiaI
fayors was not less demorailzng 10 the appointing
power than - themselves. Tue rresldent and heads
Oh departmeDss, being dependent upon congress lor
legislative support, could not anorG 10 disregard the
WISHES oI me1bers In some oi the departments
the speaker mad been Informed debit aud credit
account was actually kept WITH congressman, credit
ing them with certain number OF appointments
and charging them with those mace iof t1em as IL
the appoln lileni5 actually belonged 10 members OF
Congress. ne Oil now Introduced allowed tie ap-
ponta,s power 10 obtain tie benefit OF tue iniorma
ton which congressman might have Oh applicants
for olce rom theIr own districts by written re-
quest to the member aud bis repy thereto; but the
bill maue Il Il penal oneuce Iur hiHl 10 recon-
mend la ans other way, and prohibited the
Appointments 10 once OF person recommended In
any otler way tBan by q Congresslaan. The custom
OF allowing COugrosslnen to maze appointments mad
become SO firmly established tnat 1t almost had the
fJrce oi Jaw. ana nothing but D positive statute
could remedy tie evil. IAe beneficial enects oi The
measure Won DE ieit In relieving members from
unnecessary imnoftunes, giving tnea tne 10 attend
to ine legislative dutie5 Win which tney were
charged, aud freeing them from personal obligation
10 the PRESIDENT ald heads OF departments, whne
assisting tDe appointments Ia the iuture OF better
class OF OiAcills.
IsXIIEs FROM POLITICAL DIs4znIrIEs.
On motion ol kir. AcOREERY, (delIl or Ky the bin
70 reieve certain persons from legal and political
disabilities, imposed ny the fourteenth amendment
TO the cohsti ution, was read and lald over.
Tie senate then, at ten minutes past one O'Clock,
adjourned,