The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-28

the Senate galleries thronged nearly the whole after
noon. especially as it was rumored that II the
business were reached at all an effort would be
made to have the nominations passed upon in open
session. The fact that the long pending issue be-
tween Senator Conklng and the Stalwarts on the
hand and the President and the administra-
ton on the other was about to be settled
in battle which could not be other than
a hard fought struggle between the opposing
forces engaged gave the affair an almost thrilling
interest Acc ordngly. when the patience of the
pectant crowd was rewarded bya motion on the
the part of Senator Hamlin to go into executive
sion there general iutter and an excited move
ment to catch every word But the democrats were.
for the time being, more interested in the
fate Of Warren Mitchells claim for his
lost cotton bales than in Mr.. Arthurs
grievances, and the Senate by rising vote of % to
IT, refused to go into executive session. This vote
made considerable Of commotion for it was
wrongly interpreted, to mean that Senator Conk-
ling was in minority of six. The first knock down
was about to be scored for the Administration
when after some whispering and inquiries the
Vice President informed the Senate that the
motion to go into executive session would not take
the Mitchell bill from its place on tho calendar.
Thereupon Mr.. Conkling renewed the motion of Mr..
Hamlin and it agreed to without dissenting
vote.
The galleries werc ut cleared amid the grum-
bling and to the great dissatisfaction of the crowd
and when the Senate in utter secluson, and
after brief preliminary business. Mr. Conkling
made his report Chairman of the Commit
tee on Commerce. adversely upon the nominations
of Messrs Merritt and Burt and favorably upon that
OF Mr. Graham. He sent to the Secretarys desk and
had read the charges Of Secretary Sherman and the
replies Of Messrs Arthur and Cornell the
the Custom House by the latter gentlemen.
Quite curiously the documents failed to in
terest many of the Southern and Western Senator's.
who sauntered out into the Hobbies and walked about
or smoked or lunched, leaving Mr.. Gorham to read
good part Of the time to beggarly array of empty
benches The several papers occupied about an hour
and half in their communication to the Senate.
At the close Of the long reading Mr. Conkling moved
that the documents pro and con be printed and made
public, that the people could understand the
whole of the case.
Upon this general debate sprang up and the motion
was finally carried. Mr.. Conkling was dispassionate
and reserved in his remarks, and in advocating the
proposition to publish made reference to the
merits dement's of the which the subject
of controversy.
Senator Hoar Of Massachusetts, said he understood
the report Of the Committee on Commerce. recon-
mending that the Senate do not consent to the
appointment Of Messrs. Merritt and Burt, was
before the Senate for consideration. and
if this was the proper time to call
attention to the right which the President had to
make removals for cause Moreover. it was not
always necessary that the opinion of the adminisra-
ton should be presented in argumentative FORM
and he would call the attention of the Senators
the other side of the Chamber-alluding to the
democrats-to the fact that it had always been
1~vx h>v bal vsc
to exercise this prerogative. 1t was in fact an
ancient and sacred right which the democrats had
always insisted upon and would it not be well for
them to remember their ancient landmarks In this
the President had not only sought to replace the
old officials with new men whose administration Of
the affairs Of the New York Custom House seemed
to justify the wisdom of his action, but he
had sent in many why the Senate should
tain the view he had TAKEN
1t is understood that Senator Garland Of Arkansas
replied to Senator Hoar and alluded to the rejection
of Messrs. Roosevelt and Princeat executive
sion nearly year ago. At that time,
tnued the Senator, this honorable body fully
discussed the merits Of the Presidents right to
make changes for cause and by vote of the Senate
rejected the sent in for the Office of Collector
and Naval Officer. He had listened atentivey TO tho
reading of Secretary Shermans letter and also to the
reply Of Mr.. Arthur read at the session to-day and
without intending to enter into argument as to
the course of proceedings under democratic admins
trations he would say that the Senate had already
rejected set Of nominations for the Offices OF Col
lector and Naval Ohcer Of the port of New York. and
80 far he knew, all the charges which existed
against Messrs. Arthur and Cornell year ago had
been met by the fat refusal Of the Senate to consent
to the confirmation Of the names sent in their
cessors. Something, then due to the ancient and
Of fha M
time stultify its record of year ago. or rather.
could not reconsider its decisive action then by
senting that another set Of nominations should be
confirmed when, so far as he knew, there not
solitary alleged for the change and above
what existed ct the time of the nomination Of essrs
Roosevelt and Prince. Unless there were stronger
reasons now than then alleged il would
be q singular act for any members of
the Senate to change their mind ct this
time when it was SO apparent that the motives ami
mating the administration were of personal and
not Of public nature. He did not intend TO DO
understood as disputing the fact that under demo-
cratic administrations there had always been
harmony between the Executive and the conscnting
power of the Senate but he insisted that this
new case. and the prccendent already set in rcfus-
ing to consent TO the first sent In ought to be
conclusive long the Senate was composed of
very nearly the members that voted the
question in March. 1873.
Mr.. Hamlin, of Maine. addressed the Senate at con-
siderable length in opposition to Mr.. Conkling's
proposition to publish. He opposed. he said to
the publication of anything that took place in OK
ecutive session. To do would make a pre-
ccdent for future departure from this custom of the
Senate In transacting important business. and he
thought that the secrecy of an executive session
should be and ever continue to he inviolable
Mr.. Thurman OF Ohio, advocated the full and IN
reserved publication OF the whole matter act Of
Justice to tho several gentlemen whose character
under criticism.
After disposing OF this question . motion to rise
was welcomed, as the hour late Accordingly the
main question Of confirming rejecting the uomi-
nations went over 20 the next executive session.
The vote on the adoption Of Senator Conkiing's
motion print and take public the letters Of Score