The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1886-07-29
Gen. Logan's Speech.
ECONTINUED.I

the construction OF Cne OOnSIlIuGloH,
let me put this case: Suppose the
Congress of the United States should
be largely Republican in both branch
es, and the President should be a
Democrat, or vice versa, having GER
tain number Of officers to appoint to
carry on the Government. Suppose
Congress passes an act declaring that
the Precedent is authorized. by and
with the advice and consent Of thu
Senate of the United States, to nom-
nate John Fish to be Postmaster at
New York, and that the Office is made
vacant "for this purpose only" What
| would that law mean? 1t would
mean that the President might appoint
that man to be Postmaster at New
York, and if he did not he could
not appoint anybody. In other words,
to make it palmer, suppose we created
another Postoffice in New York City,
or in Brooklyn, a new office, and say
the President may appoint a certain
person nominated to the Senate, and
if the Senate consent to it then this
man shall become Postmaster, and the
office is created "for this purpose
only For what purpose? For the
purpose of this man being appointed
to it, and if he is not the office ceases.
Will any one tell me that this
would be fair construction OF the
Constitution? Will any one tell me
that that is not taking the power that
is given to the President by the Consti-
tuition out of his hands and putting it
into the hands of Congress? 1t is well
known fact that the Legislative de-
partments Of governments encroach
upon the prerogatives and rights of
the other departments when permit
ted to do so. The reason the Presi-
dent vetoed similar bill which passed
in almost the very same language OF
this bill to-day was on the ground
that Congress had no right to create
an office and tell the President whom
he should appoint, and he vetoed it,
in my judgment, upon purely consti-
tutional grounds.
Mr.. President, l have merely called
the attention of the Senate to this
provision of the Constitution as appli-
cable to the bill as attempted to be
passed by the Congress of the United
States. As matter Of course, do
not expect it to have any weight, for
| have always noticed when the Sen
ate of the United States has a deter
mination fixed in its mind to do an
act it turns deaf ear to everything,
no matter whether it is based on law
or fact, to do the act it desires. That
has been the case often, not with the
Senate in this case alone, but with
others, and | only made these sugges-
tions thinking that in this day and
age of the world grave Senators might
at least for one time halt for the pur-
pose of examining this question prior
to forcing this measure upon the Pres
ident of the United States and upon
| the country.
Mr.. MANDERSON. If the Sena-
tor from Illinois will allow me to in
terrupt him before he passes from this
branch of his argument, | will call to
his attention change Of the bill to
meet the case he has suggested, and
with his permission | will read it so
that he may comment upon another
feature which is presented naturally
as it seems to me from the considera-
tions he has already urged. Suppose
the bill were to read:
"An act for the relief of John Doe.
Whereas the board of United
States Judges convened by the Presi-
dent of the Uni ed States to examine
into and report upon the case of John
Doe, late District Judg of the Uni
ted States, having by their report
stated that, in their opinion, Justice
required at his (the Presidents hands
such action as may be necessary to
annul and set aside the findings
and sentence Of the United States
Court in the case of John Doe, and to
restore him to the positions of which
the sentence deprived him, such resto-
ration to take effect from the date of
dismissal from the service;' and
"Whereas the President remitted so
much of the sentence of said United
States Court remaining unexecuted as
forever disqualified the said John Doe
from holding any offic, of trust or
profit under the Government of the
United States Therefore, that Justice
may be done the said John Doe, and
to carry into effect the recommended
tions of said board,
''Be it enacted by the Senate and
House of Representatives of the Uni
ted States Of America in Congress as
sembled, That the President be, and
he is hereby, authorized to nominate
and, by and with the advice and con-
sent of the Senate, to appoint John
Doe, late a United States District
Judge, to the position of United States
District Judge of the State of New
Jersey, being the position he held pri-
or to the sentence Of the court which
tried him, and, in his discretion, to
place, him in such position as Judge,
list of Judges being hereby increased
in number to that extent; and all laws
and parts of laws in conflict herewith
are suspended for this purpose only:
Provided, That said John Doe shall
receive no pay, compensation, or al
lowance whatsoever prior to his ap-
pointment under this act"
I suggest to the Senator that that
makes an exact parallel, simply carry
ing out his idea in the matter.
Mr.. LOGAN. That would be a
case on all fours with this case, for
the Congress Of the United States to
take Judge who had been impeach-
ed, to illustrate, and dismissed from
the bench and his place filled, and
then by an act of Congress to create
another Judgeship and provide that
if the President puts the man who
has been dismissed back in the newly
created Judgeship he may do it, and
if not the Office ceases. That is Gre
ating an Office by act Of Congress and
telling the President who he is to put
in, and if he does not put that man in
the Office ceases and it shall not be
filled. That is. the proposition pre-