New-York tribune., 1879-04-29
XLVITH CONGRESS-lsT SESSION.
REGULAR REPORT oF PROCEEDINGS.

REGULAR REBOHl W
The SENATE ONLY IN sEssToN-TENDLhToH HfEAhS
ON CABINET oTF'CERs IN coNGRUsS.
SENATE. .WAsHINGToN. April 2S. 1879.
In the Senate to-day the resolutions OF the
ILLINOIS Legislature in favor Of such legislation as Will
indemnify that and other States for swamp aud over
flowed lands were presented by Mr. DAVIS Dem, III
Mr.. WILLIAMS Dem, XVI introduced bill to regu-
late the legal value Of metal money and to provide lor
the free and unlimited coinage Of gold and silver bullion
and to restore coin to circulation.
Mr.. CoNKLING Rep.. n. W presented memorial of
the women's National Christian Temperance Union re-
monstratipg against legislation that would pro-
mote the interest OF importers and dealers in quors
The Clerk of the House appeared and announced tne
eia executive and legislative branches Of The Govern
ment for the year ending June 30 1850, ~ which ne
was instructed 10 ask the concurrence OF he senate.
On motion Of Mr.. WITfERS Dem, Val the bill was
referred 10 the Committee on Appropriations .,,o.
signed by numerous cergvmen urging the speedy re-
moval OF the Ponca Indians from the Indian Territory
Mr. HERMAN dem. N. " by request introduced a
bill for the Organization OF secret service bureau III
the Treasury Department ,,r.
Mr. DAVIS Dem, I'D, by request introduced Dill 10
amend the practice OF the courts OF the phleu SUITS
AGAINST municipal corporations. by aDoishihS the WI"
Mr. vEsT dem. MOI introduced bill granting ing i, to
the State Missouri lands heretofore gr nted to me 81
Louis ana Iron Mountain Railroad COMPANY, ana re-
peang much of the act as places limitation on 'e
MI PENDLErON Dem, oho) introduced bill to in
educational facilities and establish normal
ing schools for tue benefit OF Indian tribes who nave
educational claims on the United states. go, ,
Mr. TELLER gtep, Co introduced pm 20 ryira eh.Sne
the time for putting into operation spec pOsi
until the service be contracted for through ad'e
The Senate considered aud passed with amendments
the House joint resolutions TO repeal certain claims IN
the sundry civil APPROPRIATION Act approved NAIon o.
1917 CABINET SEATS IN CONGRESS.
MR. PENDLETON SPEAKS IN BEHALF OF his OWN
BILL.
The Senate then proceeded to the consideration OF Mr.
Pendetons bill in relation to the heads Of departments
occupying the floors Of both houses OF Congress-
The substantial points made by Mr. Pendeton Dem')'
who spoke on the subject contained In the foiloW
ing paragraphs:
lam glad in the midst OF this heated political debate
which we % have aG di JG ta i is in mo- sense party meas
ure. IL appeals TO no partisan interest; IL uenches
upon no partisan susceptibility; IL aWaRcns no parry
the state and seeks to improve their methods oi
communication WITH each % Tner: parn VII iil sdnn
feel its effects l therefore appeal WIN con- con-
TIonber for their impartial consideration OF the sub
feet That consideration, know, VIII oe wise ana the
r-That the Secretary Of state. the Secretary of the
Treasury the Secretary Of War; the secretary OF the
raj and the General shall be entitled 10
cupy seats the floor OF the Senate and House OF Rep
rescufgyes with the right participate IN debate on
matters re ang the business Of their respective De
partments under such rules az may DC prescribed Dy
Inc ( ana;e and House respectively.
Secnd-That the said Secretaries. the Attorney Gen
era and the POstmasterGeneia shali attend the ses
ions of the Senate the opening or the situngs on
tuesday au Ii'os N vc. on t1e openirg OF t6e SIT
Hnos on Monday and Thursday Of each week, to syn IN
forna op asked by resolution or III reply 10 questions
which may be propounded to them under the rules OF
W6efher the scope % the debate allowed by the first
sbould he more or less restricted; whether the
compulsory attendance provided IN the second section
SbnrId he on two days in each week or only on
5nDI Totber ali the officers should attend the same
,I,I
They can be settled now On consideration according 10
the Judgment OF the Senate or hereafter when actual
tr',G sb1lI nave gwen us experience they can
arranged by the standing orders OF each House They
Al e Cons,ifntion recognizes the power and duty of
Congress organize Lxeeulye Departments and charge
them with specific dno, ltseiI imposing ohy le slh-
ne duy upon the principal officers to furnish 10 the
President their opinion. in writing, upon any subject re-
Iang the duties Of their offices. iAey are Tue crea,
tnres of aw and bound 10 DO the bidding OF the law.
do not to change their legal relation either the
President the Congress 90 NOT seek 10 MAKE helI
tenure of office in any wise dependent on the VIII OF
both houses. seek only 10 confer upon them new
privilege and TO impose upon them new duty. The
MOUTH duty Is to give us information face to face
precedent de9 Tb a. PSfI Is 9s ram m T
ury Department. passed within three months alter TIE
organization OF the Government, ptoyuta llit the
and prepare plans for the improvement ana manage,
ment OF the revenue ana IoG ,he oi tLe puGe
10 either branch of the Legislature III person or IN writ
to him by the senate House OF Representatives., or
rch shall appeItain 20 his office. and generally shall
erfnrm All such services relation TO the finances
H. sHaI he rr0uiled TO perform" That law stands on
the statute-buOk to-day unchanged IL covers THIS case
exaGtiv IT was called repeatedly in the
c@rIv Iisiory of the Government When Hamilton made
6ia great report on the public credit IN 1890
n1 m r,aIe il In wTfng because the details delivered
orally would not remain Ia The memory OF MS hcarcrsi
but the power and the propriety OF requiring the per
sonaI nrsence of Secretary not then called IN
question, nor have they been questioned al ans time
since In the acrimonious debate afttr the removal OF
tne deposits 1888, Mr.. Gay cited this law with ap-
probation and used It as proof OF the absolute power pf
Congress over the Department ana lhe 9ncers. lhls
view prevailing in the Senate cost Ianey his c0rilrma
tIon his first nomination as Judge OF the supreme
Court. This bll Only permits anu chloh. that TO be
done by all the Secretaries at convenient times, that
which The law OF 1889 required and permitted to DC
doe az any time by the Secretary OF the Treasury.
III by line of precedents Unqueslloneu and uuDrOEen
since the rst year .! 'ne , Co.;Sss S nae
established ia power 10 require the heads OF depart
ents report 1t directly ani also ITS power To ad
mil persous to floor OF either House to address IT,
submit the argument perfect that Congress may
onire the report be made or tue information 10 be
gwen 10y them person the floor and orally know
mi well that no person holding any Office under the
United states shall he member OF either House during
his continuance IN Office" But the head OF department
docs no more become member of Congress by report
ing in person and orally and by beng admitted TO
fn debates than does your chaplain, or the contestant
or his counsel the delegate lie has no Official terra
of two or years He is neither elected nor appointed
10 either House He has participation IN the power
of impeachment, either in the institution or the trial
He has no privilege from arrest. He has no power to
vote in any ease.
Trepeat this bill proposes change Of methods only
not OF powers. submit TO the candOr OF Senators II
the uHl1Ofin uulg VI
now nearly hundred years 10 report annually and
often required directly 10 Congress aud the regular
Of that duty, have not mpigned the
oWers President, have not affected the tudepeD
dence OF Congress- have merged tho executive and
iegsatiye branches OF the Government, have indeed
only demonstrated the necessity Tor more method
of communication, Dether will requiring thess
norts and recommendations 10 DC made orally instead
1f m writing the floor instead OF from the Office tend
10 produce these injurious results.
And nOW Mr.. President, what rs the practical lucOn-
yeplence and evil which propose TO remedy
THE CLUMSY WAYS or THE PRESENT.
The communications OF the Secretaries to Congress
are all IN writing, and made in presence OF law at
stated periods in response to special calls for infor
nation by either House may admit for the sake OF