The Portland daily press., 1886-02-03
XLIXth CONGRESS- FIRST SESSION.
SENATE.

WASHINGTON, rep. 8.
Among the petitions presented today and refer
red were several by Mr.. Frye from various organ
izations of Knights of Labor of Maine praying
that the territory known as Oklahoma may be
opened to settlers.
Among the measures reported from committees
was Joint resolution by Mr.. Blair, from the com
mttee on woman suffrage, praying fora constitll-
tional amendment extending the right of suffrage
to women
Mr. Cockrell stated that this report was not the
unanimous Judgment of the committee, and that
the minority reserved the right to present a
written report in opposition to the measure.
The Joint resolution was placed on the calendar
Mr.. Riddleberger offered the following resolu-
ton:
Resolved, That it is the sense of the Senate that
the Executive of the United States is not restrict
ed by constitutional law in removing or suspend
ing appointees; that the Senate has no right to
require that reasons shall be given for such re-
movals or suspension: that it is The right OF the
Senate to call for any paper relating TO the con-
duct of removed or suspended appolntees, or TO
qualification and fitness of all persons whose
names are presented to the Senate for confrma-
ton or rejection; and that it is the duty of the
Executive to comply with all demands for the
same.
that his purpose was simply to bring the subject
uD in open debate He asked for an immediate
consideration of the question.
Mr.. COckrell objected. He SAID tnat ne would
submit either today or tomorrow, substitute.
The matter then went over.
Mr.. Van Wyck called up his Dill, wneh was re-
ported fayorably from the finance committee, per-
mitting the receiver of bank to use such funds
as may already have been covered into the treastl-
M %e4 & cn ass sy Of pf be eTedo Of
The bill authorizes the receiver TO see tnat Dank
property about to be Esold by order OF the court
Shall not be sold for less than its value.
Mr.. Morgan's resolution regarding the trustees
provided for in the Utah BILL was then placed be-
fore the Senate, and on motion OF Mr.. ingalls, 1t
was referred to the Judiciary committee.
Mr.. Pugh submitted the substitute already re-
ferred to by him. to take the place of Mr.. Riddle
berger's resolution, and asked that 1t be present.
ed and lie over till tomorrow.
Mr.. Pughs substitute is as follows:
First-That the executive power is expressly
vested by the Constitution in the President of the
United States, so that he shall take care that the
laws will be faithfully executed.
Second-That the power OF appointment to fed
by the President under the limitation in the Consti
tuition, that he shall nominal and by and with the
advice and consent of the Senate, shall appoint.
Third-That the power of removal or suSpen-
sion from the powers and duties of federal office
is also an executive power, vested exclusively in
the President, without any such limitation in the
Constitution as is imposed thereby on the power
of appointment, and for its exercise he is respon-
sibe alone to the people, and not to the Senate.
Fourth-That the right of the President to
make nominations to the Senate, and OF the Sen
ate to advise and consent thereto, are each sepa-
rate and independent rights to be exercised by
the President and Senate respectively and sepa-
rately, independently within their absolute dlscre
ton but in relation to the person or persons so
nominated the Senate may request information Of
the President affecting the character or qualica-
tions of those as to whose appointment he asks
the advice and consent Of the Senate.
Fifth-That when the President makes nomlna-
tion to the Senate of persons appointed by him to
exercise the powers and duties OF federal officers
who have been removed or suspended by him., no
law public duty and public policy requires that
he shall send or communicate to the Senate any
cause, reason or information within his own
knowledge or contained in any letters, petitions
member of his Cabinet, or in the possession Of
either and relating to the subject of removals or
suspensions, and no law, public duty or public
policy requires or authorizes the Senate TO call
for such Information existing in any such form,
from the President or any member OF his Cabinet,
to enable the Senate to review OF question the ac-
tion of the President in exercising his executive,
discretionary and exclusive power OF removing or
suspendng federal officers from the powers and
duties of their offices, or to put the President on
trial by the Senate, or to enforce accountability
to the Senate for anything he may have done in
the exercise of such Jurisdiction.
Sixth, that to obtain the information considered
by either House necessary and proper either
House of Congress may request the President II
not deemed by him Incompatible with the public
interest to give any information within his knOWl-
edge contained in any public document or re-
cords file, or in the lawful custody of any of the
departments and relating to the administration
of any public Office OF the official conduct or acts
affecting the official conduct or duties of any pub
lie officer, but for the Senate to make such re-
quest of the President or to direct any member OF
his cabinet to transmit to the Senate any informa
ton or any public documents or other papers in
open or executive session to enable the Senate in
open or executive session to review the propriety
or the reason, or the information upon Which he
acted or may have acted in making removals or
suspensions would be an attempt to obtain such
information by false pretenseS and for uses and
purposes not authorized or justified by any law or
public policy of the United States and should the
President grant such request or require any mem
berS of his cabinet to obey such direction from the
Senate when deemed by him to be made for such
unjuStifable and unlawful uses and purposes
would be to recognize and encourage an improper
practice and an innovation upon his exclusive
and independent der rights powers and duties as
Mr.. Hoar inquired whether the request to print
included the printing of the stump speech in the
belly of the resolution.
Mr. ingalls, gave notice that when the original
and substitute resolutions should come up to-
morrow he would like to refer them to the COM
mittee on privileges and elections for further con
sideration. The resolution according to request
was laid over till tomorrow.
The electoral count bill then came up and Mr..
Evarts took the floor. He favored recommittal OF
the bill to the committee and that it should be the
duty of the executive of each State as soon as
practicable after the final ascertainment of the
appointment of electors in such State to COM
municate under seal of the State to the Secretary
of State of the United States certificates showing
the result of such ascertainment setting forth the
names of the electors and other particulars and to
deliver to the electors of each State similar cert
Gates in triplicate such certificates to be trans
mited by the electors with the result Of their own
action.
MI Hoar thought this would be fundamental
Constitution.
Mr.. Edmunds opposed the motion to recommit
but it struck him that Mr.. Evarts suggested
amendment embodied an extremely valuable idea
1t could be discussed in the Senate, however, as
well as IN committee.
Mr. Cali while deeming the bill a good one in
some respects deemed it defective in others and
proposed an amendment that in case of non-con
currence of the two houses and in case such non
concurrence and consequent failure to count the
vote of a State resulted in the taking away of a
majority required by the Constitution or when by
not counting the vote of the State an election
should be had of a person different from the per
son who would be elected if the vote were count
ed, that in those two emergencies it should be de-
clared there was no election, and that the House
of Representatives should make the election as
required by the Constitution.
After further debate the motion to recommit
was brought to vote and resulted, yeas so, nays
%, the affirmative vote being about equally d
vided between Republicans aud Democrats.
The Dakota bill was then placed before the Sen
ate and Mr.. Logan obtained the floor but gave
way for motion by Mr.. Edmunds to go into exec.
utive session and the motion having been agreed
to the Senate went into executive session, ana al
5.35 the doors were reopened and the Senate ad
journed.
The resolutions of Messrs. Riddleberger and
Pugh as to the relations between the President
and the Senate will come up for consideration II
the morning hour tomorrow and Mr.. Logan will
have the floor at o'clock on the Dakota bill.
HOUSE.
Immediately after the reading of the journal
several members spoke prior to the passage OF
the resolutions regarding the death of President
Hendricks.
Mr.. Long of Massachusetts in behalf of the Com
monwealth of Massachusetts paid his tribute to
the memory of the late Vice President
MeSSrs. Throckmorton of Texas and DnGley Of
Maine also briefly and eloquently laid their need
of praise upon the grave of the late Vice Presf
dent.
Mr. Hewitt of New York also delivered glow
ing eulogy. MeSsrs. Kleiner and Holman as re-
representatives. Of the commonwealth which knew
ana loved Mr.. Hendricks best closed the cere-
monies with brief address eulogistic of the
public and private virtues of the dead statesman
and then the resolutions were unanimously
adopted and the House at $40 adjourned.