The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-12-21
NGRESSIONA
SENATE.

SENATE.
WASHINGTON, Dec 13.-Vest's resolution
instructing the civil service committee to in
quire into tbs propriety of legislation requir-
ing the filling OF vacancies in the signal SER
vice and having the rank of sargent by APP
pointment from the navy or by promotion in
the corps, caused a general discussion as to
the methods of the signal service bureau.
The resolution was amended by Edmunds so
that the military committee shall make the
enquiry. Adopted.
The bill for the relief of Gen. Fitz John
Porter was taken up on motion of Randolph,
by a party vote, except that Hoar voted aye.
Edmunds moved to make one year from the
passage of the bill the time within which Por-
ter's restoration TO the army can be made, so
that the bill should not live under future ad-
illustrations. Rejected.
Hereford, Carpenter, Thurman and others
engaged in a Debate Oh the constitutional
points connected with the appointment of
Grant as captain general.
Carpenter said he had heard a startling
statement to-day and would ask Senator Nc
Donald whether he thought congress could
discharge Gen. Sherman to morrow.
Mcdonald said he did, and every other
person in the army except the president, its
commander-in-chief.
HH# Slip ClilGi lCnudlhcu GLd thC SChat vas
then driven to the ground that Gen. Sherman
was not one of the officers of the United States
which, by the constitution, the president was
authorized to appoint.
Mcdonald claimed that he was driven to no
such ground his ground was that the army
was provided for in another part of the con-
stitution which gave the whole subject to con-
gress.
Carpenter said the authority vas there CIV
- 80 tltn' -n,,,r s.Ht sc
as authority is given it to constitute the sem
ate, but no authority is given to appoint Off
GERS of the army or judges of the courts.
There was also authority to make regulations
for the government of the army, but no au-
thority to govern the ARMY, just as there was
authority to establish methods ofjudiciai pro-
ceedins, but none to dictate the judicial acts
of the courts, or to say who should be Judges
except by the confirmation OF nominations.
These distinctions were necessary in order
to separate the legislative, executive and jul
dicial functions of the government. Carpen-
ter reiterated his argument that a sentence
passed by a constitutional court Of final re-
sort, including courts martial, was not rever-
Sible by any person or body. The president
can pardon, but the senate cannot interfere i'll
that executive privilege as i'll this bill it pro-
poses to do. Such an action would be usur-
patton OF power.
voorhees, denied the proposition that the
sentance of a court martial was a final judg-
ment.
WASHINGTON, Dec. 14.-After the morn
ing hour the resolution i'll regard to the case
of FitZ John Porter was taken up.
Davis offered the following substitute for
the substitute proposed by Randolph:
That the president be and he is hereby
authorized within IS months from the passage
of this act, in his own discretion and by and
with the advice of the senate, 10 appoint to
the army Fitz JOIN Potter, who was dis
missed by sentence Of court-martial Jan. 8,
1862; provided. however, such appointment
shall give no higher rank than colonel on the
retired list and provided, further, that said
Porter shall receive no pay or compensation
at all for the time between his dismissal aud
such appointment.
After debate, including a vigorous 8 minute
speech against it by Logan, the amendment
was agreed to by SO to 81, being q strict party
vote, excepting that Of Davis, Of Illinois, who
voted with the republicans.
The bill was reported to the senate, and
the question being on agreeing TO the amend
ment made in the committee OF the whole,
Burnside made a set speech against the bill.
The amendment made in the committee of
the whole was agreed to,'37 to 20, and the
bill read a third time and passed by a strict
party vote, except Davis, of Illinois.
After the Fitz John Porter bill passed, Nc
Donald said he would ask the senate to-mor.
row to reconsider the bill regarding the dis
tribution of the proceeds of certain land
sales among the states.
The bill d~evoting the proceeds of the sales
of public lands to education was taken ~.
Adjourned.
WASHINGTON, Dec. 24.-The senate mill
tary committee agreed to the con-
firmation of al. the army nominations already
made, including Hazen for chief signal otti-
Ger and Miles for brigadier general.
Senator Morrill, offered a resolution i'll
STRUGGLING the pastofice committee to inquire
whether the existing telegraph law largely
interfered with the postotiice department and
whether the telegraphic service should not be
exclusively in the hands of the government.
Agreed to.
Salisbury said he would call up Kellogg's
resolution. He SAID the death of Spotlord
rendered this resolution important, as the
credentials of the new claimant had been re-
ferred to the election committee. Salisbury
said there were two resolutions now on the
calendar-one unscating Kellogg, the other
unseating Spotford.
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