Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-12-14
United States Senate.

such legislation as shall require the filing of
vacancies in the signal corps and have the
rank of sergeant by appointment from the
navy or by promotion in the corps, led to q
general discussion as TO the method OF the
signal bureau. The resolution was fually
amended, on motion of Senator Edn Unds, so
that the enquiry shall be made by the COMMITTEES
on military affairs, and as so amended tie
resolution was adopted
By Senator Plumb-Makirg the trade dollar
legal tender.
By Senator Bayard-To amend the revised
statutes so as to authorize charge for melting
or refining bullion where at or above the
standard.
By Senator Teller-EOr erection of public
building at Denver.
By Senator Rollins-For the prevention aud
suppression of pleuro-pneumoniG.
The following resolutions were offered and
agreed to:
BY Senator Kirkwood-Directiug the secreta-
~ of the treasury to furnish copies of doou-
ments in his possession touching trlchinB in
swine ard the restriction of our trade with
foreign countries in consequence CT this dis
ease.
By Senator Harris - Directing the COM
mittee on public bull iings and grounds to
investigate methods and plans of the Northern
electric light company for lighting the capitol
tuQ RIOuUQS Dy tlSCbElC llSutS anu Te-
port by bill or otherwise.
Senator Hamln was. at his request, excused
from service on the civil service committee.
a message was received from the President
transmitting a report by the agricultural com.
missioner on contagious diseases of cattle.
On motion of Senator Randolph the bill for
relief or Fitz John Porter was taken up, 35 to
10, party vote, except that Hoar voted aye,
and Randolph offered the amendment az
nounced by HIM few days since.
Senator Edmunds moved to amend by fixing
a. time from passing a bill within which Porter's
restoration TO the army can be made. If the
present or next President should not see fit to
restore him. he held the bill should not live until
sfurther administration. This was rejected by
party vote, except of Davis, of Illinois, and
Mcdonald, who voted aye.
Senator Carpenter then argued sgainst the
power of Congress to revoke the sentence CT
the court martial, or reinstate in the army
persona who had been expelled.
Senator Mcdonald believed Congress had
plenary power over everything connected with
the army.
Senator Hereford took this position also and
regarded Carpenter doctrine as subversive of
the free government insured by subordination
of military to the civil power. In this CON-
nection he referred TO the recommendation of
the Presidents message that tho Office Of cap
tain-general be created and coupled Gen.
Grants name with the quotation.
SHIpeIL6I-DOtS lQS OeuAtOT ray tuab Uu6
recommendation is for authority to make Gen.
Grant captain general?
Hereford-The language conveys that idea.
Carpenter. should certainly vote against
such bill.
Hereford--It does not mention him by
name.
szCarpenter-Oh, that is the whole point. l
do not question that Congress might pass law
saying the President should have power to ap-
point all officers of certain grade in the army,
but say Congress cannot pass law saying
the President may appoint John Smith q colon
el in the army. for instance.
Herefcrd-Why not?
Carpenter-Because that is exercising the
power Of appointment. The other is merely
creating an Office. The power of appointment
is lodged in the hands Cf the President, and
with the advice and consent of the Senate.
Senator Hereford continued to argue that
Congress can authorize the appointment of any
public servant by name.
Senator Thurman responded to Carpenters
argument, and stated his opinion that a court
martial had no right to impose disqualification
to hold ofice, and that it is no infringement
upon the pardoning power for Congress to pro-
vide that man shall be subject to military
duty. The power given Congress to maintain
an army and provide regulations for it. covers
the p-wer 10 say who shall who
shall not hold Offices IN the
array. Nor is the bill imperative It does
rot command the President. It authorizes
him in bis discretion to act. We have no pro-
vision of the constitution providing that laws
authorizing Presidential appointments shall be
general laws. He referred to the case ofsSur-
geon General Hammond, who was restored to
the army.
Senator Carpenter responded that the Ham
mord case was not analogous to POrter's.
Senator Thurman then cited the cases of
Major: Collins, Major Sinclair and others.
Senator Logan stated that the men mention
ed by Thurman were nominated and their
names sent into the Senate for confirmation.
He pointed out in what the cases were not like
Porters.
Senator Carpenter sgain spoke, placing SYM
pathy for Porter below the importance of the
constitutional question involved. It was dan
gerous to disregard the constitution, even in
email matters. He had heard very startling
statements to-day. He would ask the Senator
from Indiana (McDonald) if in his opinion
Congress could discharge Gen. Sherman to-
morrow.
Senator Mcdonald, of Indiana, did think SO,
and not only Gen. Sherman, but every person
in the army except the President. its COM
mander-in-chief.
Senator CARPENTER remarked that the Senate
was then driven to the ground that Gen.
Sherman was not one of the officers
of the United States, which, by the con-
stitutian, the President was authorized to ap.
point.
Senator MCD0D1ld claimed bneJ ne was OrIV-
en- to no such ground. His ground was that
the army was provided for in another part of
the constitution which gave the whole subject
to Congress.
Senator Carpenter said that the authority
was also given Congress to establish en- army
just as the authority was given it to consti.
tute courts, but no authority was given to ap
point officers of the army or judges of the
courts. There was also authority to make reg
ulations for tie government of the army
but authority to govern the army
just as there was authority to establish methods
of judicial procedure, but none to dictate
judicial acts In courts, or to say who should bt
judges, except by confirmation of nominations
These distiD 5tions were necessary to proper
separation of tie legislative. executive and
judicial functions of the government. Senator
Carpenter reiterated his argument that sen
tence passed by constitutional court of fna
resort including courts martial. not re
visible by any person or body. The President
can pardon, but the Senate cannot interfere ir
that executive privilege, as in this bill pro
posed. Such action wonld be usurpation o
power.
Senator Voorhees, denied the proposition thai
a sentence of q court martial was an origina
judgment, the effects of which could not BY
escaped except by Presidential pardon of tb,
person sentenced. He read bills formerly
passed by the Senate relieving persons from
the sentence of court martial. One of til,
bills was signed by Carpenter as president pre-