Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-12-14
CONGRESSIONAL.
sENATE.
The Signal Service.
WASHINGTON, December l3.


A resolution offered by Mr.. Vest,
instructing the Civil Service Committee
to inquire into the propriety of such
legislation as shall require the filling OF
vacancies in the Signal Corps, and have
the rank oi Sergeant by appointment
from the Navy, or by promotion in the
corps, led to general discussion as TO
the methods OF the Signal Bureau.
The resolution finally was amended.
on motion OF Mr.. Edmunds, so that in
aury shall be made by the Committee
on Military Affairs. AS so amended
the resolution was adopted.
Fitz John Porter.
On motion OF Mr.. Randolph. the bill
for the relief OF Fitz John Porter was
taken up, by IS to 10, party vote. ex-
cept that Mr.. Hoar voted aye.
Mr.. Randolph offered the amendment
announced by him few days ago.
Mr.. Edmunds moved to amend by
limiting to one year from the passage OF
the bill, within which time Porters
restoration to the army can be made, 30
that ii the present or next President
should not see fit TO restore him, the
bill should not live until future admin
istrations. This was rejected by party
vote, except that Davis, OF Illinois, and
Mcdonald voted aye.
Mr.. Carpenter then argued against
the power OF Congress to revoke the
sentence of court martial, or reinstate
in the army persons who had been ex-
PEELED.
Mr.. Mcdonald believed that Congress
had plensry power over everything con.
nected with the army.
Mr.. Hereford took this position also
and regarded Mr. Carpenters doctrine
as subyersive OF free Government,
insured by the subordination OF the
military to the civil power. In this con-
n,c,ion he referred to the recommends
ton in the Presidents message that the
office Of Captain General be created and
coupled General Grants name with the
quotation.
Mr.. Carpenter-Does the Senator say
that the recommendation is for an au.
thority to make General Grant Captain
General.
Mr.. Hereford-The language con.
veys that idea.
Mr. Carpenter-I should certainly
vote against such bill.
Mr.. Hereford-It does not mention
him by name.
Mr.. Carpenter--Oh, that is the whole
point. do not question that Congress
might pass law saying that the Presi.
den. should have power to appoint all
the officers OF q certain grade in the
army. but ! say that Congress cannot
pass law saying that the President
NAV appoint John Smith q colonel in
the army for instance.
Mr.. Hereiord-Why not?
Mr.. Carpenter--Because that is exer'
cising the power OF appointment. The
other is merely creating an otfioe. The
power OF appointment is lodged in the
hands OF the President, by and With the
advice and consent OF the Senate.
Mr.. therefore, continued to argue that
Congress can authorize the appointment
OF any public servant BY name.
Mr.. Thurman replied to Mr.. Carpen'
,ei's argument, and stated il ~ his opin'
ion that a court martial bad no right
TO impose disqualification TO hold office
and that it is no infringement
on the pardonine power for Congres:
70 provide that man shall be subject tr
military duty. The power given Con
gress to maintain an army and provide
regulations for il, covers the po~er q
saw who shall or shall not hold office
in the army; nor 10 the bill imperative
| II does not command the President, j
J authorizes him 10 bis discretion to oct