The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-14
CONGRESSIONAL,
DOIaGs OF BOTH HOUSES AT YES
- TERDAI'S SESsIOA.
Senator Hereford Advances some Ideas
ON the subject OF Army Appoint.
menis-Dispuie over the Ad.
mission OF GArnsid's Sue
oessor 10 the House.
SENATE.

ton, offered by Mr.. Vest, instructini
the Civil Service Committee to inquire int,
the propriety OF such legislation as shal
require the filling OF vacancies in the Sig
nal Corps, aud have the rank Of sergean
by appointment from, the navy, or by pro
motion in the corps, led TO a general dis
cussion as to the methods OF the Sigma
Bureau.
The resolution was finally amended, OF
motion Of Mr.. Edmunds, so that inquir,
shall be made by the Committee on Mill
tary Affairs. The eresolution, as amended
was adopted.
On motion Of Mr.. Randolph the bill io
the relief Of Fitz John Porter was takeI
up by q vote OF IS TO 15-a strict party
vote, except Mr.. Hoar, who voted aye.
Mr.. Randolph offered the amendment
announced by him few days ago.
Mr.. Edmunds moved to amend by limit
ing the time TO one year from the passage
OF the bill within which Porer's restora
ton to the army can be made, so that Il
the President, or the next President
should not see ft TO restore him, the bill
should not live until future administra.
ton. This was rejected by q party vote
except that Davis, OF Illinois, and McDon'
aid voted aye.
Mr.. Carpenter then argued against the
power OF Congress to revoke the sentence
Of the Court Martial, or reinstate in the
army persons who had been expelled.
had plenary power over everything con.
nected with the army.
Mr.. Hereford, Of West Virginia, took
this position also, and regarded Mr.,
Carpenters doctrine as subversive OF free
government, secured by the subordination
OF the military TO the civil power. In thiG
connection he referred 70 the recommen-
dation'in the Presidents message that the
office OF Captain General be created, and
coupled General Grants name with the
quotation.
Mr.. Carpenter-D0es the Senator say
| that the Recommendation is for authority
10 make General Grant Captain General
Mr.. Hereiord-rhe language conveys
that idea. .,'.--.
Mr.. CArpenter.I should certainly vote
against such bill
Mr.. Hereiord-It does no! mention hin
by name.
Mr.. Carpenter Oh, that is the whole
point. do not question that Congress
might pass law saying the President
should have power to appoint all officer
OF certain grade In the SrmY, but Say
Congress cannot pass law saying the
President may appoint John Smith 8
Colonel in the army, for instance.
Mr. Herelord-Why not?
| t,ak ta
cising the power Of appointment. The
other Is merely creating an office. The
power OF appointment Is lodged in the
hands OF the President by and with the
consent OF the Senate.
Mr.. Hereford continued TO argue tha
Congress eau authorize the appointment,
Of any public servant by name.
Mr.. Thurman replied to Mr.. Carpen
ter's argument aud stated his opinion thai
alcourt.martisl had no right to impose dis.
qualification TO hold office, and that 1t ID
no infringement on tie pardoningipowel
for Congress 70 provide that man shal
Ibesubject to military duty. The powel
given Congress to maintain an army and
provide regulations for II, covers the
power to say who shall, or shall not hold
Offices in the army. Nor is the bill imper
alive. It does not command the Presi
dent, It authorizes him In his discretion to
set. We have no provision OF the Consti
tuition providing that laws authorizing
4 Presidential appointments shall be gener
al laws. He referred to the case Of Sur
geon. General Hammond who was restored
TO the army. --,,
Mr.. Carpenter responded that the Ham
moud case was not analogous TO Porter's
Mr.. Thurman then cited the cases o
Major Collins, Major Sinclair and others.
Mr.. Logan stated that the men mention
ed by Mr.. Thurman were nominated ant
their names sent into the Senate Tor con
irmadon. He pointed out in what thi
cases were not like this case.
Mr.. Carpenter again spoke, placing the
/ sympathy for Porter below the importanc.
Of the constitutional question involved
, It wss dangerous TO disregard the ponstitu
ton even in small matters. He had hear
livery startling statements to-day. IL
would ask the Senator from Indiana INC
, Donald II in bis opinion Congress coult
discharge General Sherman tomorrow.
Mr.. Mcdonald lind. Ibid think so ant
not only General Sherman. but ever.
person in the army except the President
It's commander-in.chiet.
Mr.. Carpenter remarked that the sena
tor was then driven to the ground tha
General Sherman was not one OF the OH
GERS OF the United States, which, by tn
Constitution the president was authorizes
to appoint.
Mr. Mcdonald claimed he was driven :
no such ground. His ground was that tn
army was provided for in another part 9
I the Constitution, which gave the Who'll
, subject TO Congress.
Mr.Carpentef said that authority va
there given Congress TO establish an arm,
. Just as authority was given It to const
3 tute courts, but no authority was given :
. appoint officers OF the army or judges 9
the courts. There was also authority I
{ make regulations for the government Q
; the army, but no authority to govern tn
!, army, Just 80 there was authority 10 estat
lish methods OF Judicial procedure, bu
l none 10 dictate the judicial anta Of court
5 or to say who should be judges except b
the confirmation Of nominations. Thes
distinctions were necessAry 10 the prope
separation Of legislative, executive an
: judicial functions OF the Government.
t Mr.. Carpenter reiterated his stAtemeu
: that sentence passed by \ Constitutions
a Court OF tiEAl resort including court
!, martial, was not reverdble by any persS
II or body. The President can pardon, bI
= the Senate cannot interfere in that execI
q tive privilege, as in this bill it was pr
u posed TO do. Such action would be
usurpstIon 81 power.
+ Mr. Voorhees, denied the propositio
that the sentence Of court martial was
final judgment, the effects Of which coul
not be escaped except by Presldentl
pardon Of the person sentenced. Here Al
. bills formerly passed by the Senate n
!. lieying persons from the sentence nt
10 court martial. One OF tho bills was signC
. by Mr.. Carpenter as President pro tam.
= the Senate.