The New York herald., 1869-03-30
THE FoRTY-FRsr CONGRESS-
First Session.
SENATE.

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First Session.
SENATE
wAsaNGros, March 20, lse9
The Senate met al twelve O'Clock. the Vice Presi-
dent In the chair.
PENNSYLVANIA AND SOUTH CAROLINA RATIVY THE
AMENDMENT.
The vICR PRESIDENT submitted Joint resolutions Of
the Legislatures OF Pennsylvania and South Carolina
ratifying the fifteenth amendment proposed 10 the
constitution.
PETITIONS PRESENTED.
Mr.. SUMNER, (rep.) Of Mass presented the petition
Of the Society Of Friends OF Richmond, Va, asking
for appropriation Of $4,000 for the erection Of
an asylum for colored orphans.
MI. HANLIN, Gepl OF Me- presented the petition
OF the services Of her grandfather In the Revolu-
tonary war. Referred to the Committee on Revolu-
THE MICHIGAN INDIANS.
,ola MT aowAsD treP Of Micn presented several
and one calling the attention Of the Indian Depart
ment to the importance of having the Indians In
JOINT RESOLUTIONS REPORTED.
Mr., WILSON. trep) OF Mass, from the Committee
on Military Analrs, reported the joint resolution
continuing the pay OF enlisted men at the present
rate until the S0th OF June, 1870, and 1t was taken
up and passed. Alsoa joint resolution which was
passed dropping from the rolls Of the army officers
Mr.. HOWARD. from the Committee on the Pacific
Railroad' @ reported fayorably JOINT resolution
railroad from point at or near Portland Oregon.
to the Cascade Mountains.
THE usuRY LAWS OF THE DISTRICT.
Mr.. vICKERs (dem.) Of Nd, reported. from the
Committee ON the District OF Columbia, bill to
amend the usury laws OF the District OF Columbia.
LoANrNG THE PUBLIC MONEY.
Mr.. SPRAGUE, rep.) OF r. l., moved to refer to the
Committee on Appropriations the bill introduced
public money. He thought that COMMITTEES peculi.
ary well qualified to deal with it, and predicted that
n the members Of the committee should pass favor
ably upon this bill their names and memories would
be transmltted to posterity in letters OF gold and
statues OF brass.
The motion was agreed to.
BILLS INTRODUCED AND REFERRED.
Mr. DRAKE, lrep.ls OF NO., introduced bill TO
establish the oiice OF Solicitor and Naval Judge Ad
Wcin vocate General % Referred to the Committee on
Mr. SAWYER, rep.l OF $. G., introduced bill pre-
participated in the late rebellion but who are not
disqualified by the fourteenth amendment. Referred
to the Committee on the Judiciary.
confirm the charter Of the New Orleans and Ship
Island Canal Company and granting the right OF way
to said company. Referred to the Committee on
Mr. WILSON introduced bill TO remove the politi-
cal disabilities OF Judge Alexander Rives, OF Vr-
bilities.
THE TENURE OF OFFICE ACT.
Al tHlb pOluL d message was received lrOm the
House announcing It's nonconcurrence in the action
OF the Senate on the bill to repeal the Tenure OF once
Mr. TRuxBuII, (rep) Of H.. moved that the Senate
insist upon Its amendments and ask for acommittee
Mr. GRIMES rep.) of Iowa, moved that the Senate
Mr. DAVIS tdem.l Of KY, read constitutional ar
gument in support Of the latter motion.
ished business OF Friday-being the Supplementary
Currency act-was postponed, that the bill to repeal
the Tenure Of ONCE act might be considered.
Mr.. TRUMBULL spoke In support Of the motion to
insist, as follows:--As much misrepresentation pre-
walls as to the Presidents powers In the appointment
pose, brieny, to inquire what they were under the
constitution itself In the absence Of any legislation
what n tneg s were under the laws existed
years ago. and how they would be anccted BY the
amendment Of the Tenure Of once act o. proposed
ment and removal of 0cers Is an executive function
and that inasmuch as the constitution declares that
tine executive power shall be vested in Pres
be vested with the power to appoint and remove
ofiloers at wlll except where the constitution has
so asaSddfS 5, i1d o regulate saas %
exercise power BY the President So far from
the grant Of executive authority to the President
think DO not speak too strongly Whsn ca'Ssa akat
under the constitution itself, and without the ss
dent alone can neither make nor unmake . single
onceT @ That The whole sYpisct e the apRolHtmeptto
:ass ss e e. s @ 2 sts 3 3 Ss g
aE sss5s z matter q Sssssns sS nome me
shall appoint ambassadors and other public minis.
tss ss ana consuls IdgeS q tns Supreme Court and
ments ere not herein otherwise provided ior and
which shall be established BY law. But the Congress
may by law vest the appointment Of such inferior
in the courts Of law or in the heads Of DEPARTMENTAL
Here Is the whole power conferred In the President
oH tne ion N regard 70 the appointment mt OF
cles, to which I shall have occasion to refer here
after 1t win be seen that the President cannot ap-
vice and consent OF the Senate, and he cannot
appoint an inferior o6icer except Congress has, by
csasS sns aaDon, am Win ,.oSS, 70 40
consent OF the Senate or Of law OF Congress,
It u plain he could not remove one, for until
Hence the power OF removal Is said to be incident to
the power OF appointment and 70 depend upon It,
because without an appointment there can be no re.
moval Congress had from time to time vested the
President alone the courts OF law and the heads Of
departments, with the authority Of the appointment
vious that he would have no such authority Il must
be apparent 70 every careful reader OF the clause Of
the constitution @ & ! have quoted. that the Presi.
no power BY himself to appoint anybody to
ONCE. because the constitution declares
the q ee as the
could not be carried without ocers, the trainers
OF the constitution intended that the olces should
be filled, and being once filled the question arises
how are the persons once appointed 70 be got rid Of
II they prove tnefcient or unfaithfuli The const-
tuition In terms makes no provision for this Another
clause Of the constitution gives the President power
to l up all vacancies which may happen during the
recess OF the Senate by granting commissions which
shall expire at the end Of their next session. This
nlling up OF vacancies s not an appointment he
cause the previous clause Of the constitution
had provided that appointments could only be
made by the advice and consent OF the
Senate. The Senate has nothing to do with these
temporary nllings up They are not communicated
to the Senate or need not be; but when the Senate
meets at Its next session the President sends to II
nomination OF some person to oil the vacancy which
happened during the recess, and this may be the
person temporarily commissioned or some other
person, and the nomination is made without REFER
ence TO the fact whether the vacancy has been tenn
porarily filled or not. Under this power to oil up
vacancies which may happen-that is, by chance or
without expectation-a practice had obtained BY
maintaining vacancies during the recess aud nl-
ing them up by temporary commissions to
expire at the end OF the next session OF
the senate, and n the Senate confirmed no one
during session, them after It's close to another
temporary commission. II this practice were 70 be
tolerated II wOuld no