The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-02-22
CONGREGATIONAL.
xLth CONGRESS : THIRD SESSION,

| SFNATEs..... w AsHINGroN. February 90.
Corbett called up the bill to issue
an American register to the ship
Agra, of Boston, put under the pro-
lection of the British flag during the
rebellion.
Nye said he was strongly opposed
to allowing American ship owners,
who, from selfish motives, had put
their vessels under foreign flags, to
bring them again under the protec-
ton Of our flag.
Cameron was In favor of a general
bill applying to all vessels entitled to
be given the protection of the Ameri-
can flag, and until such bill could be
passed, he would have the parties in
terested wait. Az 81
Sumner was. too, in favor of a gem
eral bill, but he wished in the mean
while to take up individual cases, and
deal with them on their merits.
Nye moved an amendment, extend
ing the provisions Of the bill to all
vessels similarly situated.
The discussion continued until the
expiration of the morning hour,
which brought up the bill to repeal
the Tenure of-Ofice act.
Chandler made an unsuccessful
effort to have it set aside for the pur-
pose of taking up the business Of the
Committee on Commerce, but the
evening sessionsof Tuesday next was
set apart for the consideration of that
business. Wednesday evening was
appointed for the consideration Of
the business from the Committee on
Military Affairs.
Frelinghuysen moved to lay aside
the bill temporarily, that he might
move to assien Wednesday for the
consideration of his naturalization
bill.
Hendricks opposed the motion, be-
cause he regarded the bill as one. if
passed, which would make naturaliza-
ton very expensive and almost i'm
possible.
The motion was lost, and the Senate
proceeded to the consideration of the.
bill TO a<neal the tenure of-office act.
Conkling raid the tenure-of- office
act had been enacted to meet an at
tempt made in the interest of slavery
aud treason, to make merchandise of
offices and of the integrity Of its citi-
zens, and to employ the purse of the
nation to enrich and aggraadize the
nations foes; now, however, the ae-
eidency had passed away, and the
Executive ofice was about to be en-
trusted to one who never set himself
above the law, but who everywhere
had evlnced such sense, moderation,
capacity and integrity as entities him
to the confidence of Congress and of
the people. The question was how to
dispose with so much of the tenure
,of.office act as was now needless and
hnconvenient, and dispense with no
more. Looking merely at the re-
tIuirements of the next four years, he
would have no objection to the abso-
lutte repeal of it, or its complete sus-
ipension, but neither was it necessary,
and for other reasons he preferred to
retain the law in the modified form
i'm which it will stand, if the report of
the Judiciary Committee be adopted
Morton said that, inasmuch as the
raw advocated by the Senator from
New York would require the Senate
to pass upon the propriety or impro-.
prietg of the Presidents action In
removi ng officers during a recess of
the Sen. tie, it would be mere matter
of phras eelogy, as the Senator from
New Yor had said it would be.
Conklir g replied that the Constitu
ton expres sly provides that the Sem
ate should revise the appointments Of
the Presidetlt made during a recess.
Morton said that, under the law,
before the passage of the Tenure Of
Office law, when the President re-
moved G. B during a recess aud APP
pointed C. ID to I'LL the vacancy, aad
If the Senate refused to confirm the
appoint1 uent, that did not put A B
back; but under the law as the Sen
ator from New Yoik would have it,
upon the refusal of the Senate to con-
firm supervisor appointed to an othce,
the Presid ent would pus into otlce
again the fficer removed, so that 1t
would be W lthout practical eject.
Conkling replied that at the same
moment, with or without the Law, the
President would become clio thed with
the power of filling an Office, because,
under the law, an Office must remain
vacant till the Senate confirms the
appointment of some one to fill 1t;
aud without the law the Pretudent
could dismiss the incumbent of an
Office and appoint substitute to hold
the place during the whole vacation.
Doolittle said the question whether,
under the Constitution of the Unite d
States, the President had the power
of removing from office, was by no
means new one. 1t had arisen in
the beginning of the Government,
and had been decided In the afirma-
tive, and later, In the days of the
giants, Webster, Calhoun, Clay, Ben
ton and Wright. it had again arisen
and been debated and decidedin the
same way, but the Tenure-of- Office
Act had introduced a new element by
requiring that removals should be for
cause. thus putting every officer
whom the President desired to re-
move upon trial before the Senate
and subjecting his character to public
scrutiny, and If, IN any case, the Sen.
ate should deeid e that the cause
assigned was good. the decision woulC
have the effect Of public Judgment
| that the officer ir. question was unh
because of his character to hold the
| Office. Under the old system, re
moval from Office did not involve tn,
character of the person removed, bu
simply indicated that the President
| preferred the new appOintee. If. how
| ever, an attempt should be made Il
| carry out practically the theory tha
every removal mu st be for cause, i
would fail for W ant of time on tn
part of the Senate to investigate tn,
cases that would arise, so as to b,
able to determine the sufieiency o
insuficiency of she causes assigned
The Tenure of OF ice Act was wronl
In theory. and therefore he woult
| vote for Its repeal.
Dixon said be voted against the bill
when it was on It's passage, and shoult
vote for its Fepea |. He agreed will
the Democracy of Connecticut in th,
idea expressed In the resolution o