The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1886-07-22
Gen. Logan's Speech.

Mr.. LOGAN. | do not wish to
weary Senators in celebrating the
points which have been heretofore
presented, but | do think that if Sem
ators could divest themselves of a
certain act, whether right or wrong,
and would return once more to the
landmarks of the Constitution and ex-
anime this question with reference
thereto there would not be such a per-
sistent effort on the part of the friends
kind of a bill with a certain class OF
words in 1t.
| have called attention heretofore
to the phraseology of the bill which
has always been presented to Con-
gress, seeming as though there was
determination to force a bill with a
character of phrase and word in it DIFF
ferent from that of any other class of
bills passed where there was doubt
in reference to to either the propriety
or the constitutionality of the act.
Let me examine this measure for
moment and ask lawyers on either
side of this Chamber to calmly con-
slider this question in reference to
what they deem proper construction
of the Constitution of the United
States.
| What is this bill? It proposes,
first, that the President may do GER
tain act; that he may appoint Fitz-
John Porter to colonelcv in the ar
my of the United States; that is
to say, he may nominate him to the
Senate and after confirmation appoint
him to that Office, and then place him
on the retired list with that grade, the
retired list to be opened, if | may use
that term; or, in other words, va
cant colonelcy is created on the retired
list, for what purpose? For this puroo
pose only" That is the language of
the bill. For this purpose only"
means what? 1t means that the Pres
ident shall fill that office with the
name of Fitz-John Porter, and none
other; in other words, if he does not
appoint that person to that office the
office ceases.
Allow me to call the attention of
Senators to that which they have read
over and over again and studied and
understand perhaps better than | do.
Let us examine for a moment the
power of the President under the Con-
stitution and see whether he is to ap-
point by direction of Congress or
whether he is to appoint by and ac-
cording to his own judgment and vo-
lition. Speaking of the power of the
President the Constitution says:
He shall have power, by and with
the consent Of the Senate, to make
treaties, provided two-thirds of the
Senators present concur"
What is the meaning of that? The
President shall have power. by and
with the consent Of the Senate, to
make treaties" That means, as | un-
derstand it at least, that the President
may make an agreement with any for
eign power in reference to regulations
that shall operate between the two
governments, and it shall be sent to
the Senate, and if satisfactory to two
thirds of the Senate then he is author
izsd to exchange treaties, and the
agreement becomes of binding force
between the two nations.
Will any Senator here claim that
the House of Representative has any
power whatever to agree to treaty,
to formulate a treaty, to consent to a
treaty, except being a part of the
Congress Of the United States to pass
laws in connection with the Senate in
furtherance of or for the purpose Of
carrying out the provisions of trea-
ty? [ presume nobody will contend
that the House Of Representatives has
any other power in the matter; yet
we find that in the language in refer
ence to the making Of treaties the
Senate consents and advises. Then
the treaty is put in force by the Pres
ident by an exchange of treaties.
I only speak of this to show that in
connection with the very same pro-
vision following the treaty-making
power is the power Of the President
to nominate to the Senate persons for
the purpose of holding certain Offices:
"And he shall nominate, and, by
and with the advice and consent Of
the Senate, shall appoint ambassadors,
other public ministers and consuls,
Judges Of the Supreme Court, and all
other officers Of the United States,
whose appointments are not herein
otherwise provided for, and which
shall be established by law; but the
Congress may by law vest the appoint
ment Of such inferior officers, as they
think proper, in the President alone,
in the courts of law, or in the heads
of Departments"
I merely call attention to this pro-
vision that the President Of the Uni
ted States shall nominate, and, by and
with the advice and consent Of the
Senate, appoint officers to all the
offices except as otherwise provided
by law. [ ask any Senator here what
the Senate or the House of Represen-
tatives has to do with the selection Of
the man whom the President of the
United States shall nominate to a
colonelcy in the army of the United
States? Where does the House of
Representatives get the power to ad-
wise the President of the United States
whom he shall appoint to office?
Where does the Senate derive the
power from the Constitution of the |
United States to dictate to the Presi-
dent what person he shall nominate to
any Office whatever where it rests in
the power Of the President to nomi-
nate and the Senate to confirm?
It has been said by Senators in re-
sponse to this proposition when |
have called attention to it heretofore
that the fact that bills have been
passed within the last few years
authorizing the President to do GER
tain things and appoint certain per-
sons to offices has become precedent
and thereby becomes the construction
of the Constitution. If every bill that
is passed through Congress in viola
tion of the Constitution becomes a
precedent so that the Constitution is