1886. CONGRESSIONAL RECORD-SENATE. 2475 claim of Samuel Warren, deceased, be referred to the Court of Claims­ SENATE. to the Committee on War Claims. By Mr. ROMEIS: l!IemorialofKnightsofLaborofSandusky, Ohio- THURSDAY, March.lB, 1886. to the Committee on Railways and Canals. · llyl\fr. SAYERS: Memorial of A.ssembly2182,of Austin, Tex., ask­ Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. . ing for the construction of the Hennepin Canal-to the same commit­ The Journal of yesterday's proceedings was read and approved. tee. EXECUTIVE Cm!1\IU1\l:CATIONS. Also, memorial from the citizens of Fort Worth, Tex., asking the erection of a public building at Forth Worth, Tex.-to the same com­ The PRESIDENT pro tempore laid before the Senate a letter from mittee. the Secretary of the Treasury, transmitting a communication from the By Mr. SCRANTON: Petition ofmembers of Bradfoxd County (Penn­ Supervising .Architect of the T.reasury as to the necessity of special ap­ sy1 vania) bar, for the passage of House bill2124, pro-viding an additional propriations fo:r alterations and repairs to certain public buildings, and place for holding United States courts in western district of Pennsyl­ also as to the need of a deficiency appropriation for repairs and pres­ vania-to the Committee on t he Judiciary. ervation of public buildings for 1886; which, with the accompanying . By l\fr. STEPHENSON: Petition of 27 citizens of Crystal Lake, Wis., papers, was referred to the Committee on Appropriations, and ordered in favor of the free coinage of silver-to the Committee on Coinage, to be printed. Weights, and Measures. He also laid before the Senate a communication from the Attorney­ Also, petition of the laboring men, tradesmen, and business men of General, transmitting a letter from the president of the board of trustees Marinette, Wis., praying for the restoration of wages in the Govern­ of the Reform School of the District of Columbia, stating that at a meet­ ment Printing Office-to the Committee on Labor. ing of the board of trustees it was thought advisable that the Senate By Mr. W. J. STONE, of Missouri: Statement to accompany bill in­ bill relating to the Reform School should be so amended as to receive troduced by Mr. Stone, of Missouri, for the relief of Capt. Alfred Cur­ into it boys under the age of sixteen years; which, with the accom­ tis-to the Committee on Claims. panying paper, was referred to the Committee on the District of Colum­ By Mr. ZACH. TAYLOR: Papers in the claim of John R. Jones, of bia, and ordered to be printed. Fayette County, Tennessee-to the Committee on War Claims. PETITIONS AND MEMORIALS. By Mr. 0. B. THOMAS: Memorial from West Salem, W. T., con­ cerning the Presidency-to the Committee on the Judiciary. The PRESIDENT pro temp01·e. The Chair presents resolutions of the By Mr. THROCKMORTON: Papers ofJames M. Grigsby, of Mon­ senate and house of delegates of Vuginia, which, though not under tague, Tex., containing proofs to areompany House bill 6312, for his seal, seem to be signed, and will be read. relief-to the Committee on Claims. The resolutions were read, and referred to the Committee on Finance, By Mr. TOWNSHEND: Petition in behalf of pension to William Col­ as follows: linsworth-to the Committee on Invalid Pensions. Resolved, That it is the sense of the senate of Virginia. that the proposition now pending in the Congress of the United States to place foreign iron ores on th~ By Mr. TURNER: Petition of Hon. J. S. Clifton and 71 others, cit­ free-list is unwise, and, if adopted, will greatly injure the iron interests of this izens of l\filler County, Georgia, asking aid to common schools in the State and retard the development of the same. States, to be apportioned on the basis of illiteracy-to the Committee on Passed the senate ~larch 1, 1886. Education. J. D. PEl'."DLETON, 0. B. By Mr. VAN EATON: Papers ana memorials, asking for additional Resolved, That it is the sense of the house of delegates of Virginia that the proposition now pending in the Congress of the United States to place foreign courts in the State of Mississippi, to accompany House bill6762-to the iron ores on the free-list is unwise, and, if adopted, will greatly injure the iron Committee on the Judiciary. interests of this State and retard the development of the same. By Mr. VANSCHAICK: Resolutions adopted by iron-workers of Bay Agreed to by house of delegates of Virginia (yeas 48, nays 14) March 1, 1886. View, Milwaukee County, Wisconsin, protesting against passage of the J. BELL BIGGER, 0. H. D. so-called Morrison bill, and against further agitation of tariff questions- The PRESIDENT pro tempore presented petitions of Knights of Labor to the Committee on Ways and Means. . of Athens and Kent, in the State of Ohio, praying for liberal appropria­ By Mr. A. J. WARNER: Petition in behalf of James Frazier, asking tions for the construction of works of internal improvement and espe­ for in-crease of pension-to the Committee on Invalid Pensions. cially for the construction of the Hennepin Canal; which were referred By Mr. WELLBORN: Petition of citizens of Johnson County, of to the Committee on Commerce. Dallas County, of Ellis County, of Bosque County, and of Clifton, Tex., He also presented a petition of Freehold Lociu Assembly, No. 2161, for improvement of Galveston Harbor, Texas-to the Committee on Knights of Labor, of Kent, Ohio, praying for the opening of the Okla­ Rivers and Harbors. homa. lands in the Indian Territory to settlement; which was referred Also, petition of citizens of Arlington, Tex., for the improvement of to the Committee on Indian Affairs. Sabine Pass Bar, Texas-to the same committee. • He also presented a petition of 19 clergymen, 16 physicians, 37 law­ AL~, petition of citizens of Fort Worth, Tex., that Fort Worth be yers, 34 teachers, 160 business men, and 8 officers of temperance and made a port of entry and delivery-to the Committee on Commerce. -other societies, ofWyandott, Highland, and Brown Counties, Ohio, pra-y­ By ltfr. WHEELER: A bill to require the officer of United States ing for the enactment of a law requiring scientific temperance instruc­ Engineers in charge of the improvement of the Tennessee River to re­ tion in schools under Federal jurisdiction; which was ordered to lie on port the condition of certain streams which empty into the Tennessee the table. River-to the Committee on Rivers and Harbors. ?tlr. SAWYER presented petitions of Knights of Labor of 1riarinette By Mr. A. C. WHITE: Petition for a pension to Elizabeth Sirwell­ ancl Whitewater, Wis., praying for the construction by the Government to the Committee on Invalid Pensions. of the Hennepin Canal; which were referred to the Committee on Com­ By 1\fr. MILO WHITE: Petition ofS. Eaton, ex-postmaster at Aibert merce. Lea, Minn., for readjustment of salary-to the Committee on the Post­ Mr. DAWES. I present a petition of the Knights of Labor, Local Office and Post-Roads. Assembly No. 2692, of Springfield, Mass., praying that the usual an­ nual appropriation of $400,000 for the purpose of the manufacture of The following petitions, praying Congress to place the coinage of silver arms at the Springfield armory be not reduced, and expressing the upon an equality with gold; that there be issued coin certificates of one, opinion that it is false economy and a cruel policy to cut down the ap­ two, and five dollars, the same being made legal tender; that one and propriation and thereby augment existing distress and suffering, and two dollarlegal-tender_notesbeissued, and thatthepublicdebt be paid that to continue this uniform appropriation will promote true economy, as rapidly as possible by applying for this purpose the idle surplus now innsmuch as it will continue the production of arms at a reasonable in the Treasury, were presented and severally referred to the Committee priee and keep together the present organization of skilled workmen, on Coinage, Weights, and Measures: enabling the Government in case of war to at once make its own arms. By Mr. THROCKUORTON: Of91citizens ofParkerandWiseCoun­ I trust that these reasons will commend themselves to the Committee ties, Texas. on Appropriations. They express my views heartily. I move the ref­ erence of the petition to the Committee on Appt·opriations. The following petitions, praying Congress for the enactment of a The motion was agreed to. law requiring scientific temperance instruction in the public schools of Mr. DAWES presented a petition of 20 clergymen, 21 physicians, 10 the District of Columbia, in the Territories, and in the Military and sawyers, 38 teachers, 138 business men, and 64 officers of temperance Naval Academies, the Indian and colored schools, supported wholly or and other societies of Worcester and other counties in the Stat-e of Mas­ in part by money from the national Treasury, were presented and sachusetts, praying for the enactment of a law requiring scientific tem­ severally referred to the Committee on Education: perance instruction in schools under Federal jurisdiction; which was By l\1r. ELDREDGE: Of citizens of Lenawee County, Michigan. ordered to lie on the table. By Mr. HOLMES! Of citizens of Humboldt and Hardin Counties, :Mr. BERRY presented a petition of 244 resident citizens of Hot Iowa. Springs, Ark., praying legislation to protect the Government structures By ltfr. SCRANTON: Of citizens of Luzerne County, Pennsylvania. upon the Hot Springs reservation, and also, for the interest and conven­ By 1tlr. WHITING: Of citizens of Worcester and Hampshire Coun­ ience of visitors and the local community, to provide for the removal ties, ?tf.a.ssachusetts. within a reasonable time of all the structures on the reservation that are 2476 CONGRESSIONAL REOORD-SENATE. MARcH 18, occupied by private individuals. I move that the petition be referred I :Mr. PALMER presented petitions of Knights of Labor of Bay City, to the Committee on Public Lands. Otisville, and Ingersoll, in the State of Michigan, praying Congress to The motion was agreed to. relieve the present distress of the laboring classes by liberal approprla- Mr. COCKRELL. I present a petition of the District Assembly No. tions for public works of national importance; which were referred to 107, Knights of Labor, of the State of M:issouri, signed by Irwin C. the Committee on Commerce. Goodenough, district :M. W., and Frank G. Ells, district R. S., pray- He also presented a petition of Griffith &Co., James Wood, and 112 ing that liberal appropriations be made for works of public improve- other merchants of New York, praying tbat Congress authorize the Sec­ ment of national importance, and especially for the construction of the retary of War to contract with Charles Stoughton and his associates for Hennepin Canal. I move that the petition be referred to the Commit- improving Harlem River, New York; which was referred to the Com- tee on Commerce. mittee on Commerce. The motion was agreed to. M:r. MILLER presented a memorial of Local Assembly No. 457 Mr. WILSON, ofiowa. Ipresentapetitionofthe.A.llianceofLadies Knights of Labor, of Jefferson County, New York, favoring a liberai organized for the promotion of social purity, and composed of delegates appropriation for internal improvements, and especially the construe­ appointed by the pastors of the several religious denominations ofWash- tion by the Government of the Hennepin Canal; which was referred to ington city and of the Woman's Christian Temperance Union of the the Committee on Commerce. District of Columbia earnestly praying for the passage of the bill intro- He also presented a petition of 31 clergymen, 24 physicians 13 law­ duced by the Senator from M:aine [Mr. F&YE] providing for the legal yers, 35 teachers, 138 business men, and 41 officers of temper~nce and protection of young girls in the District of Columbia. I move that the other societies of Cattaraugus, Chautauqua, and Allegany Counties petitions be referred to the Committee on the District of Columbia. New York, praying for the enactment of a law requiring scientific tern~ The motion was agreed to. . perance instruction in schools under Federnl jurisdiction; which was or- Mr. PLATT presented a petition of Knights of Labor of South Nor- dered to lie on the table. walk, Conn., and a petition of Knights of Labor of Bridgeport, Conn., REPORTS OF cmr:UITTEES. praying that liberal appropriations be made for works of internal im- l\I S provement of national importance, and especially for the speedy con- r. 11 ANDER ON, from the Committee on :Military Affairs, to struct.ion of the Hennepin Canal; which were referred to the Committee whom was referred the bill (S. 148) for the relief of the heirs of Charles on Commerce. B. Smith, deceased, late a lieutenant in the Fifth Iowa Cavalry, re- Mr. CAMERON presented a petition of certain postmasters of. Penn- ported it without amendment, and submitted a report thereon. He also, from the same committee, to whom was referred the bill (H. sylvania, praying for the passage of the bill (S. 318) to authorize there- R. 68) for the relief of William P. Chambliss, reported it with an amend­ adjustment efthe compensation of postmast-ers at certain fourth-class ment, and submitted a report thereon. post-offices; which was referred to the Committee on Post-Offices and Post-Roads. BILLS INTRODUCED. He also presented a petition of Local Assembly No. 3202, Knights Mr. CHACE introduced a bill (S. 1908) to amend section 4004 of the of Labor, of Paxton, Pa., praying for the construction of works of in­ Revised Statutes providing for additional pay for postal cars; which was temal improvement, and especially of the Hennepin Canal, by the Gen­ read twice by its title, and referred to the Committee on Post-Offices and eral Government; which was referred to the Committee on Commerce. Post-Roads. He also presented a petition of 55 citizens of Cochranville, Chester M:r. EVARTS {by request) introduced a bill (S. 1909) for the relief County, Pennsylvania, and a petition of 28 other citizens of Pennsyl­ ofW. H. Ward; which was read twice by its title, and referred to the vania, praying for the passage of a bill prohibiting the liquor tmffic in Committee on Patents. the District of Columbia; which were referred to the Committee on the l\Ir. CALL introduced a bill (S. 1910) to provide for the erection of District of Columbia. a:building for marine barracks at the navy-yard at Pensacola, Fla.; He also presented a petition of 143 citizens of Kennett Square, Ches­ which was read twice by its title, and, with the accompanying papers, ter County, Pennsylvania, praying for the passage of a law prohibiting referred to the Committee on Naval Affairs. the liquor traffic in the District of Columbia; which was referred to the .Ur. TELLER {by request) introduced a bill (S. 1911) relating to Committee on the District of Columbia. procedure in pension cases; which was read twice by its title, andre­ Healsopresentedapetition of143 citizens of Kennett Square, Chester ferred to the Committee on Pensions. County, Pennsylvania, and a petition of 55 citizens of Cochranville, He also (by request) introduced a bill (S. 1912) granting certain lands Chester County, Pennsylvania, praying for the appointment of a com­ to the Territory of Wyoming for public purposes; which was read twice mission of inquiry concerning the alcoholic liquor traffic; which were by its title, and referred to the Committee on Public Lands. ordered to lie on the table. He also (by request) introduced a bill (S. 1913) to amend an act en­ He also presented a petition of 55 citizens of Cochranville, Chester titled ''An act to provide for the sale of desert lands in certain States County, Pennsylvania, and a petitionof143citizensofKennettSqnare, and Territories; which was read twice by its title, and referred to the Chester County, Pennsylvania, praying for an amendment to the Con­ Committee on Public Lands. stitution which will prohibit henceforth the manufacture, importation, Mr. PLATT introduced a bill (S. 1914) to incorporate the National and sale of all alcoholic beverages throughout the United States; which Light and Fuel Company; which was read twice by ita title. were ordered to lie on the table. l\Ir. PLATT. I should like to say one word with regard to this bill. !fr. COKE presented a petition of citizens of Fort Worth, Tex., pray­ I do not know any of the gentlemen who are named in the bill as in­ ing for the erection at that place of a building to be used as a post-office corporators, and there are some amendments which I should desire to and for internal-revenue and other purposes; which was referred to the see incorporated in the bill; but I introduce it because I believe that Committee on Public Buildings and Grounds. something should be done to provide the District of Columbia with a He also presented a petition of Knights of Labor .of Austin, Travis better service of light than it has at the present time. I move that the County, Texas, praying for the construction by the Government of the bill be referred to the Committee on the District of Columbia. Hennepin Canal; which was referred to the Committee on Commerce. The motion was agreed to. Mr. PAYNE presented a petition of 17 clergymen, 11 physicians, 1 Mr. BLAIR introduced a bill (S. 1915) for the relief of M:rs. Clara lawyer, 27 teachers, 88 business men, and 59 officers of temperance and Morris; which was read twice by its title. other societies, of Lucas and Ottawa Counties, Ohio, and a petition of Mr. BLAffi. I ask the especial attention of the Committee on Claima citizens of New London, Ohio, praying for the enactment of a law re­ to this case. That committee has already once considered it, but only quiring scientific temperance instruction in schools under Federal juris­ upon partial evidence. Much additional evidence has been obtained.J diction; which were ordered to lie on the table. which I now present to accompany the bill, and I have become pro­ Mr. HARRISON presented a petition of Knights of Labor of Clay foundly convinced from a careful examination of it that this lady ought County, Indiana, praying that liberal appropriations be made for pub­ to have her pay. I ask that the Committee on Claims examine the lic works, and especially for the construction by the Government of the evidence carefully. This lady, whom we see here in the Capitol, the Hennepin Canal; which was referred to the Committee on Commerce. evidence shows, rendered valuable service to the Government during He also presented a memorial of John M. Cannady and 164 other the war at great personal risk. A considerable amount of furniture citizens of Idaho Territory, remonstrating against the passage of any owned by her had been appropriated by the Government for the use of bill for the division of that Territory; which was referred to the Com­ freedmen who were in the charge of the Government, in occupation mittee on Territories. thereof by the Government, and the furniture was destroyed while so Mr. FRYE presented a petition of 10 clergymen, 13 physicians, 14 used, amounting to $3,000 or $4,000, and she never has been able to get lawyers, 14 tea{!hers, 102 business men, and 29 officers of temperance compensatio~ for it. I think from the additional testimony the justice and other societies of Waldo and Somerset Counties, Maine, praying of her claim will be very apparent. for the enactment of a law requiring scientific temperance instruction I move that the bill with the a-ccompanying papers be referred to the in schools under Federal jurisdiction; which was ordered to lie on the Committee on Claims. table. The motion was agreed to. Mr. CONGER presented petitions of Knights of Labor of Essexville PAPERS WITHDR.A. WN .A.ND REFERRED. and Flint, in the State of Michigan, praying for the construction by the On motion of Mr. CALL, it was Government of the Hennepin Canal; which were referred to the Com­ Ordered, That the papers in the case of .Alexander l\Ioseley be taken from the mittee on Commerce. files and refened to the Committee on Claims, there bein2: no adverse report. 1886. CONGRESSIONAL RECORD-SENATE. 2477

BINDING OF CENSUS SCHEDULES. pursuance of notice, moves that the bill (S. 714) to establish a uniform Mr. ?~!ANDERSON submitted the following concurrent resolution; system of bankruptcy throughout the United States be made a special which was referred to the Committee on Printing: order for Wednesday, March 31, 1886, at 2 o'clock p. m. Is there ob­ Ruolved by the Senate (the House of Representatives concurring), That the Secre­ jection? tary of the Interior is hereby authorized to have bound, at the Government Mr. TELLER. I object. Printing Office, the schedules of the Second, Third, Fourth, and Tenth Censuses The PRESIDENT pro tempore. Then the Chair will submit the ques­ of the United States. tion to the Senate, the Senator from Massachusetts having introduced INTEBSTATE CO~BCE. the motion yesterday. The question is on making the bankruptcy bill The PRESIDENT pro tempore. If there be no further concurrent a special order at the time stated. [Putting the question.] Two-thirds or other resolutions the morning business is closed, and the Calendar is being required, the Chair is not able to announce the result. in order. Mr. HOAR. I ask for the yeas and nays. I desire to say that I Mr. COCKRELL. The Calendar ! shall not antagonize the matter of the Senator from Connecticut (?tir. Mr. CULLOM. I desire to call up the motion that I mad~ yester­ PLATT] or that of the Senator from Maine [Mr. FRYE]. I merely day to make the bill (S. 1532) to regulate commerce a special order for want to have the bankruptcy bill set down in its order. Tuesday, March 30. . Ur. FRYE. I did not make any objection. The PRESIDENT p1·o tempore. The Senator from illinois moves that The PRESIDENT pro tempore. The yeas and nays are demanded on the bill named by him be made a special order for Tuesday, March 30, the motion of the Senator from Massachusetts. nt2 p.m. The yeas and nays were ordered, and the Secretary proceeded to call Mr. ALLISON. Before that is done I desire to report from the Com­ the roll. mittee on Appropriations the urgency deficiency bill and to ask for its Ur. KENNA (whenhisnamewas called). lam paired with theSen­ immediate consideration. I think it will take but a few moments to ator from Minnesota (.M:r. SABIN]. If he were present, I should vote dispose of it, and it is very important that the bill should be returned "yea." to the other House to-day. Mr. MAXEY (when his name was called). I am paired with the Sen­ Mr. CULLOM. I do not think there will be any objection to my ator from Connecticut [Mr. HAWLEY]. If authorized, I should vote motion; and I wish to get it out of the way. It is merely to set down "nay." the bill for consideration on the 30th of March. The roll-call was concluded. Mr. ALLISON. Of courae I am at the mercy of Sena.tors. It re­ Mr. DAWES. I am paired for the day with the Senator from Lou­ quires unanimous consent to consider the appropriation bill to-day, isiana (Mr. GmsoN], but I am informed that he would vote in the which I desire to secure. affirmative, and with that understanding it is that I have voted in the Mr. CULLOM. I do not think there will be any objection to consid­ affirmative. ering the. appropriation bill, nor do I think there will be any objection Mr. BUTLER. My colleague [Mr. HAMPTON] has been called home to the motion I make. by illness in his family. He begged me to pair him in case of any yea­ The PRESIDENTpro tempo1·e. The Senator from illinois moves that and-nay vote, bot this not being a political question I have not thought the Senate proceed to the consideration of the motion made by him in it necessary to do so, but simply to explain why he is not here to vote. respect to the bill (S. 1532) to regulate commerce. He moves that it be Mr. MORRILL (after having voted in the affirmative). At the mo­ made the special order for Tuesday, March 30, at 2 o'clock p. m. Is ment my name was called I voted, forgetting that I am paired for an there objection? The Chair hears none, and that order is made. boor or two with the Senator from Tennessee [Mr. HARRIS]. I with­ )I(Ir. PLATT. Mr. President-- draw my vote. I do not know how the Senator from Tennessee would Mr. HOAR. I now call up a similar motion which I ronde at the vote. same time in regard to the bankruptcy bill. ?tfr. COCKRELL. My colleague [Mr. VEST] is necessarily detained Mr. PLATT. Mr. President- from the Senate Chamber by illness. He is paired with the junior The PRESIDENT pro tempore. TheSenntor from Massachusetts was Senator from Kansas [Mr. PLmrn], who is not present. My colleague recognized by the Chair. would vote "nay" if he were here and not paired. Mr. PLATT. I intended to make objection, at least temporarily, to M:r. PALMER (after having voted in the affirmative). I was not the motion of the Senator from illinois. I did not understand that au aware when I voted that the Senator from North Carolina [Mr. VANCE] objection was called for to the motion, but to the consideration of the is absent this morning. I am paired with him, and withdraw my vote. motion at the present time. The result was announced-yeas 33, nays 14; as follows: The PRESIDENT pro tempm·e. It is not too late for the Senator to interpose. YEAB-33. Aldrich, Dolph, l'rlcMillan, Sewell, Mr. PLATT. I should like to say a word on the motion. Allison, Edmunds, 1\landerson, Sherman, The PRESIDENT pro tempore. The Senator from Connecticut is in Blair, Evarts, Miller, Stanford, time. Call, Frye, Payne, Walthall, Cameron, Hale, Pike, 'Vilson of Iowa, Mr. PLATT. I do not object absolutely to the making of this special Chace, Harrison, Platt, Wilson of Md. assignment, but I think I ought to say that I feel I am entitled to have Conger, Hoar, Pugh, considered immediately after the present unfinished business the bill Cullom, Jackson, Riddlcberger, for the admission of Washington Territory as a State. That bill was Dawes, Jones of Arkansas, Sa~WyerJ before the Senate at the last Congress, and I gave way to other matters NAYS-14. It Beck, Butler, Ingalls, Van 'Vyck, supposed to be of pressing importance. has been for a long time Berry, Cockrell, Ransom, Voorhees. before the Senate on the Calendar, has been passed over on the Calen­ Blackburn, Coke, Saulsbury, dar, and I have felt that I was entitled to its consideration at various Brown, Colquitt, Tener, times; but I have given way because it was supposed that matters of ABSENT-28. more pressing importance should come first. Bowen, Gray, Logan, :Morrill, Camden, Hampton, McPherson, Palmer, I think there is no measure before the Senate of more importance Eustis, Harris, Mahone, Plunib, than this. I do not suppose that the special order which is asked for Fair, Hawley, 1\Ia.xey, Sabin, will be likely to interfere with the consideration which I desire that bill George, Jones of Florida, Mitchell of Oregon, Spooner, Gibson, .Jones of Nevada, Mitchell of Pa.., Vance, shall receive, and therefore I make no objection to this order further Gorman, Kenna, Morgan, Vest. than to state that if it should interfere with the motion which I pro­ pose to make to take up the Washington bill immedh'\tely after the pres­ The PRESIDENT pro tempore. Two-thirds of the Senators present ent unfinished business is completed I shall at that time feel as if I having voted in favor of the motion, it is carried. ought to antagonize it. UBGENT DEFCIENCY APPROPRIATION BILL. Mr. CULLOM. Let me say one word. I have not understood or :ltfr. ALLISON. I now report from the Committee on Appropriations believed that the order I have asked for will interfere at all with the the action of the House of Representatives on the amendments of the Sen­ desire of.the Senator from Connecticut to consider the bill to which he ate to the bill (H. R. 5893) to provide for certain of the most urgent refers, and I hope under the circumstances, as thatSenator has been de­ deficiencies in the appropriations for the service of the Government for tained from the Senate unavoidably fur a few days, that he will be al­ the .fiscal year ending June 30, 1886, and for other purposes, and I ask lowed to call up the bill immediately on the conclusion of the pend­ for present consideration. ing business if he desires to do so. The PRESIDENT p1·o tempore. The Senator from Iowa asks for the The PRESIDENT pro tempore. If there be no objection the order present consideration of the amendments to this bill. The Chair hears asked for by the ijenator from illinois will be entered. The Chair hears no objection, and they are before the Senate. no objection. Mr. ALLISON. 'l'he Senate inserted on page 2 of the bill an item UNIFOIDI SYST.Ell OF BAlHillUPTCY. of $30,000 for the funeral expenses of General Grant. The Honse of Mr. HOAR. I now call upthemotionwhich I madetofixthebank­ Representatives concurred in that amendment with an amendment which rnptcy bill for the day next after the bill of the Senator from illinois, is found on page 5 of the last printofthe bill, and which I ask the Sec­ Wednesday, March 31. .Af3 I stated yesterday, I shall not antagonize retary to :~ead. I will say, liowever, before it is read, that the Senate the bill which the Senator from illinois has in charge. Committee on Appropriations recommend concurrence in the amend­ Tbe PRESIDENT pro tempore. The Senator from Massachusetts, in ment of the Honse of Repr~entatives to the Senate amendment. 2478 CONGRESSIONAL RECORD-SENATE. MARcH 18,

The PRESIDENT pro tempore. The amendment of the House of Rep­ for this or other Departments made before the granting of this appropriation reimbursed. resentatives to the Senate amendment will be read. S. B. HOLABIRD, The SECRETARY. In lien of the matter prop9sed by the Senate Quarterm.aster-Geneml United States .Army. amendment the House propose to insert the following: QUARTERMASTER-GENERAL'S OFFICE, Janua1•y 2,1886. To reimburse the appropriations for the Quartermaster's Department of the Army for expenses attending the funeral of General Gmnt, paid by authority of Request for remittance of the following sums to chief quartermaster's division executive order directing General Hancock to give General Gmnt an imposing of the Atlantic to pay authorized expenditures has been made. · funeml, $12,037.93. January 4,1886, namely: To pay the three items of expense referred by General Hancock to the Secre­ Incidental expenses...... · $5,480 92 tary of War, namely: For hire of steno~apher, 195; telegrams received and Barracks and quarters...... 31 50 sent, $152.83; mileage expenses, $353.68; in all, Sl,001.51, or so much thereof as the Army transportation...... 6,525 51 Secretary of 'Var may find to be due and unpaid. To pay the bill of Stephen Merritt, undertaker, for embalming, burial casket, Total ...... •...... $12,037 93 and ornru:nentation thereof, canopy, catafalque, and other necessary articles and services furnished by him atreasonableprices, and'whichremain unpaid,S6t303. 75, WAR DEPARTMENT, February 15, 1886. or so much thereof as may be necessary and found upon examination oy the Respectfully returned to the Quartermaster-General, an estimate for the Secretary of War to be just and proper charges. DJDount ($30,000) having been submitted to Congress. See page 15 of House Ex­ ecutive Document No. 62, Forty-ninth Congress, first session. The PRESIDENT pro tempore. The amendment will be considered By order of the Secretary of War. as agreed to, if there be no objection. · JOHN TWE.EDALE, ])1r. ALLISON. Before the amendment is agreed to, I desire to say Chief Ckrk. that the Senate Committee on Appropriations and the Senate found this 1\fr. ALLISON. It will be seen from these papers that the expendi­ clause for the funeral expenses of General Grant in the deficiency esti­ tures directly incurred by General Hancock are provided for in the mates and pla.ced at $30,000. It seems on an examination of the papers amendment suggested by the House of Representatives. Certain other in detail that some of the items may be regarded as irregular. Gen­ expenses were incurred by State and municipal authority for which bills eral Hancock, who had charge of the funeral, recommended the abso­ have been filed in the War Department, and the Quartermaster-Gen­ lute payment of certain of these expenses, and some of them were eral and Secretary of War have recommended their payment; but the actually paid out of the regular appropriations for the Army. There House of Representatives after consideration seems to be of the opiniou were, however, incurred in addition to these expenses some $11,000 that these expenses ought not to be included in this urgent deficiency that do not seem to have had the approval of General Hancock. In bill, and the Senate committee recommend a concurrence in that view. order that the Senate may be put in possession of the circumstances The PRESIDENT p1·o tempore. The question iB on agreeing to the which led to the estimate of the Secretary of War I Wlk that the letter amendment of the House of Representatives to the amendment of the which I send to the desk, with the indorsements thereon, may be read. Senate. · The Secretary read Wl follows: The amendment to the amendment was agreed to. W A.R DEPARTJIIENT, QUARTER.MASTER-GENERAL18 OFFICE, 1\Ir. ALLISON. The next amendment, No. 2, the House disagreed Washington, D. C., November 3, 1885. to on the ground that it is not an urgent deficiency. I desire to put in GENERAL: I have the honor herewith to return the vouchers and accounts in the matter of the expenditures for the funeral of Geneml U.S. Grant, United the RECORD a telegram received by our committee from the Secretary States Army retired. of War respecting this appropriation. .As Major-Geneml Hancock was authorized to do whatever was necessary and The PRESIDENT pro tempore. The paper will be read. proper for the purpose of burying General Grant with imposing military cere­ monies, it is recommended to the honorable the Secretary of War that the The Secretary read as follows: vouchers covering the expenditures made under his direction be paid from the W A.R DEPARTMENT, March 18,1886. current appropriations as classified in the accompanying estimate of funds, on To Ron. W. B. ALLisoN, Senate: the ground that such payments are expected by the creditors and appear to be The item $18,350 for the cable at Block Island is necessary and should be in­ warranted by the instructions given General Hancock. Of the sums required cluded in the urgent deficiency bill. Any statement to the contrary must have for this purpose$5,480.92 can not be spared from the appropriation for incidental been made without a full knowledge of the subject. expenses without seriously crippling the service of the Army for the entire year. WILLIAl\I C. ENDICOTT, On this account it is further recommended that the amount required to make Secretary of War. this sum good to the appropriation for the current year be reported to Congress as a deficiency for this year. Mr. ALLISON. The Committee on .Appropriations concur in that The expenditures made for the funeral, for which accounte are here presented, not directly authorized and directed by Major-General Hancock ought to be statement made by the Secretary of War, and therefore recommend that paid when an appropriation shall be made by Congress for the purpose; and it the Senate insist on the amendment. is also recommended that an estimate be made and presented to Congress, ask­ The PRESIDENT pro temp01·e. The Senator from Iowa moves that ing for this additional sum in the usual deficiency bill for the purpose indi­ the Senate insist on its second amendment. The amendment will be cated. If so directed the proper estimates covering all necessary expenditures will read. be prepared in this office and presented to the honorable Secretary of 'Var for The SECRETARY. Amendment No. 2, made by the Senate, was, un­ his action. It should be remembered that in the opinion of this office the bills presented der the head of" Wn.r Department," after line 37, to insert: by the undertaker should be carefully and critically examined and duly audited To enable the Secretary of War to lay a new submarine cable, Block Island by the paying officer before final payment. Bay, fiscal year 1&!6, $18,350. The approved bills for $12, 037.93 belong to appropriations as follows: The motion to insist was agreed to. lucid ental expenses...... $5,480 92 Mr. ALLISON. The House of Representatives agreed to amendment Army tmnsportation...... 6, 525 51 No. 5 with an amendment. The Senate Committee on Appropriations Barracks and quarters...... 31 50 recommend that the Senate concur in the amendment of the House to 12,037 93 the Senate amendment. . .Amount of bills which have not been :\.pproved by GeneralHancock,$15,195.05. The PRESIDENT pro tempore. The amendment will be stated . Of this sum $6,303.75 belong to the bills presented by the undertaker. The SECRETARY. The amendment ofthe House of Representatives Very respectfully, your obedient servant, is S. B. HOLABIRD, to the fifth amendment of the Senate to add: Quarterma.st.er-General. United States .Army. Water supply, District of Columbia: To the .AD.roTA1;'T-GENERAL, The sum of 55,000, or as much thereof as may be necessary, to enable the SeO>o United Sta.tes .Army. retary of War to preserve from flooding or other injury during the suspension of operations thereon the tunnel now being constructed under authority of an Quartermaster-General, NovemberS, 1885, returns the vouchers and accounts act to increase the water-supply of Washington city,and for other purposes ap­ in connection with the expenditures for the funeral of the late General U. S. proved July 15,1882; the said sum to be subject to all the provisions andre­ Grant. strictions of sa.id act and of the act approved July 5,18&4, making appropriations .As General Hancock was authorized to do what was necessary and proper, for the expenses of the government of the District of Columbia as to its appor­ recommends that the vouchers made under his direction be paid, and that the tionment and settlement between the United States and the District of Columbia, matter be reported to Congress as a deficiency this year• and th~ refunding thereof. .Also makes suggestions in regard to the payment of the accounts not directly authorized and directed by General Hancock. The amendment of the House of Representatives was concurred in. M:r. ALLISON. The Committee on Appropriations recommend that W A.R DEPARTMENT, Decembe1· 26, 1885. the Senate insist upon its sixth amendment, being an item of $260 for Respectfully returned to the Quartermaster-General for payment of the vouch­ the repair of the water-tank on the main building of the Freedmen's ers approved by Geneml Hancock, after action has been taken n.s suggested in Hospital and Asylum, and I desire that the letter of the surgeon-in­ the fourth paragraph of this letter. · chief of this hospital, the letter of the Secretary of the Interior, and The Quartermaster-General will also prepare the proper estimates for submis­ sion to Congress. the letter of the Secretary of the Treasury may be read in the order WILLIAM C. ENDICOTT, which I have named. Secretary of Wal". The PRESIDENT pro iempo1·e. The papers will be read. The Secretary read as follows: Re pectfully returned to the honorable the Secretary of War with special es­ timate for i27 ,388.03. I have the honor to recommend that Congress be asked for appropriation. Washinuio!~~~~b;r~~J~f1886. It is suggested that the estimate be made for !29,684o.03, which amount would Sm: The tank on the main hospital building, which has a capacity of 3,000 jnclnde the 1,001.51 paid by the Pay Department, and $1.,294.49 paid by the Sub­ gallons, has suddenly commenced to leak. On examination, I find that the sistence Department. lining is so decayed that it ron not be repaired. It is important that it be relined Upon reconsideration it is deemed best to ask for a special appropriation to at once, as otherwi e the hospital will be without water. The present lining is be designated "funeral expenses of Geneml U. S. Grant," from wh1ch the en­ lead. I desire t.o replace it by iron, as the lead is more perishable, and there is tire cost of the obsequies may be paid and expenditures from appropriations also danger of poison.· A careful estimate has been made, and it will cost $260. 1886. CONGRESSIONAL RECORD-SENATE. 2479

I would like an item inserted in the emergency deficiency bill covering this from Oregon to the indefiniteness of the :fin;t section and suggest to him demand. the propriety of making it a little more definite. As I understand the Very respectfully, C. ll. PURVIS, M. D., section, this railroad company can build bridges anywhere it pleases in Surgeon-in-Chief. Oregon. Hon.L.Q.C.LAMAR. Mr. DOLPH. "South of Oregon City," it says; but as to all the Secretary of ilie lntel"ior, Washington. bridges to be built the plan and location must be submitted to the Sec­ retary of War. In fact, here all that will be needed will be one bridge DEPAitTMEJ!;'T OF THE INTERIOR, Washington, February 20, 1886. across the Willamette River. The bill was submitted at the last ses­ Sm : I have the honor to transmit herewith a communication fron the surgeon­ sion of Congress to the Secretary of War and the local engineers in in-chief of Freedmen's Hospital, submitting an estimate of $260 for repairs of charge of the Government works and reported upon. It has been ~a-ain water-tank on the main hospital building, and requesting that it be included in the emergency deficiency bill. submitted this Congress to the Secretary of War and reported upon. Ve1·y respectfully, It was examined by the Committee on Commerce at both sessions. It L. Q. C. LA.niAR, Secretary. passed the Senate at the last se~ion, precisely the same bill, word for The Hon. SECRETARY OF THE TREASURY, word. Mr. DA. WES. That may be a reason why I should not have made such TREASURY DEPARTMENT, February 25,1886. an inquiry, but it might not be a reason why somebody ought not to SIR: I ha>e the honor to transmit herewith, for the consideration of Congress, an estimate for an appropriation of $260 to repair the water-tank on the main haTe made the inquiry. Will the Senator point out where the Secretary building of the Freedmen's Ho pital, Washington, D. C., submitted by the Sec­ of War is authorized to locate the bridge? If that is so, that will sat· retary of the Interior with the request that it may be inserted in the emergency isfy my inquiry. It may be so; I have not followed the bill quite close deficiency bill for immediate use. Respectfully, yours, enough to see. If there is any effect to be given to the langnage of the D. MANNING, &cretary. first section of this bill it is the railroad company, not the Secretary of The Hon. SPEAKER of the House of Rep1·esentati1:es. War, that is to locate, for it Rays-- Mr. ALLISON. It will be seen from this printed document that the Mr. DOLPH. In section 3, about the middle of the page, I think surgeon-in-chief~ the Secretary of the Interior, and the Secretary of the the Senator will find it. Treasury recommend that this item be inserted in this bill. The House Mr. DAWES. I will read what troubles me: of Representatives seems to ha;,e been without information on this sub­ That the Astoria and Winnemucca. Railroad Company, a corporation duly ject. The Committee on Appropriations recommend that the Senate _in- organized under the laws of Oregon, be authorized and permitted to build rail­ road bridges across the 'Villamette River, south of Oregon City, at such point sist on its amendment. • as it may select- The motion to insist was agreed to. Mr. ALLISON. There is still another amendment, No. 7. I ask " It," not the Secretary of War, is to locate the bridge" at· such point that it be read. as it may select.'' I do not know but that is satisfactory to the people The Secretary read Senate amendment No. 7, as follows: of Oregon, but I should not like to have such an authority as that let For miscellaneous items, exclusive of labor, being a deficiency for the fiscal loose in Massachusetts. Then it goes on and says- year 1886, $5,000. and across such other navigable streams or sloughs within the State of Oregon ?tlr. ALLISON. There seems to have been no information furnished as it may be neces!!ary to bridge along the line of said railroad or along the line to the Committee on Appropriations elsewhere with reference to this of any of its branches. item. I will say that it is not usual to furnish detailed statements The other bridges are to be along the line of the railroad, but this to the House of expenditures in the Senate or to the Senate of expendi­ first bridge is anywhere the company pleases on this particular river tures in the House. It is usually understood that these two bodies except that it be south of Oregon City. I would suggest to the Sen­ are able to regulate and control their contingent expenses, although in­ ator that he make that subject to the approval of the Secretary of War. formation, I believe, is always open with reference to the expenditures Mr. DOLPH. If the Senator will look at section 3, line 11, on page of the contingent fund of the Senate. I will only add that the Senate 3 of the bill, he will find: is perfectly familiar with the fact that this item is necessary. I move, Said bridge or bridges shall be built and located under and subject to st1ch therefore, that the Senate insist on this amendment. regulations for the security of navigation of navigable rivers or sloughs as tiJe Secretary of War shall prescribe; and to secure that object the said company or The motion was agreed to. corporation shall-submit to the Secretary of War, for his examination and ap. The PRESIDENT pro tempore. All the amendments to the bill are proval, a design and drawing of any such bridge, and a. map of the location, now disposed of. The Calendar is in order. giving for the space of 1 mile above and 1 mile below the prol)Osed location the topography of the banks of the river or slough, &c. BRIDGES OVER WILLAl\IETTE RIVER. So far as a bridge as distinct from the line of the railroad is concerned J\{r. DOLPH. We have reached the Calendar now. There is upon that is not contemplated for a moment, nor do I think it conld be built the Calendar Order ofBnsiness300, a bridge bill which passed the Senate under this bill. This is a railroad company, building a line from Win­ at the last session and has been reported favorably by the Committee on nemucca to Astoria. In doing so they will necessarily cross Willa­ Commerce precisely as it passed the Senate. I think it will take no mette River. They propose to cross above Oregon City, where there is time, and I move to take it up for consideration. an obstruction to navigation. They are to either build a bridge so Mr. DAWES. I hope the Senator will let ns have the Calendar. It high that all the commerce of the river can pass under it, or they are has been so long since we have seen the Calendar that it does one good to build a draw-bridge at a point to be approved by the_Secretary of to have it reached. War, constructed according to a plan to be approved by the Secretary Mr. DOLPH. The result will be that we shall get hold of one of the of War, under directions to be approved by the Secretary of War, and bills providing for the payment of some claim that is purely p1-ivate, when they have built it theSecretaryofWarhaspowertorequirethem the discussion of which will occupy the whole morning hour, and then to change it at any time and every year after it is built at their own we shall not go to the Calendar again for a month. expense, and Congress can amend or repeal the bill at any tim!}. If The PRESIDENT pro tempore. The Chair must remind Senators that there ever was a bridge bill guarded-- debate is not in order on this motion. The Senator from Oregon moves Mr. DAWES. This is as to everything except the location. that the Senate proceed to the consideration of the bill (S. 901) to grant Mr. DOLPH. I think the question of location is well covered. If the Astoria and Winnemucca Railroad Company the right to construct not, I would not ask the Senate to pass the bill myself. I am not bridges over navigable water courses. afraid of anything being let loose on Oregon. The question being put, a division was called for; and the ayes Mr. CONGER. I may say that as far as it.was possible for the Com­ were 11. mittee on Commerce to define the saieguardsandlocalities, it has been Mr. CULLOM. May I ask that the question be stated again? done in this bill as in others; but in that country it is uncertain at The PRESIDENT pro tempore. The question is on the motion of the what point the necessities of engineering may require the road to cross Senator from Oregon. the Willamette River, owing to the hilly country. I think I am very Mr. DAWES. If there is any special reason for taking up this bill particular as to obstruction to navigation, and I am sure the bill con­ out of order-- tains all the safeguards that will be necessary for the navigation of Mr. DOLPH. There is a special reason. It is a local matter, which that stream above where it is usually navigable now. will take but a moment. There will be no discussion. The bill was reported to the Senate without amendment, ordered to Mr. CULLOM. Let us hear the title of the bill. be engrossed for a third reading, read the third time, and passed. The PRESIDENT pro tempore. It will be read again. The SECRETARY. A bill (S. 901) to grant the Astoria and Winne­ BRIDGES IN W .A.SHINGTON TERRITORY. mucca Railroad Companythe right to construct bridges over navigable 1\fr. CULLO~L There is just one other bridge bill on the Calendar, water courses. Order of Business 301, which passed the Senate last year and which has The PRESIDENT pro tempore. The Chair will again put the ques­ been scrutinized bythe WarDepartmenttwoorthreetimes. I ask that tion and request Senators to vote one way or the other. that be put on its passage also. The motion was agreed to; and the Senate, as in Committee of the The PRESIDENT pro tempore. The Senator from Illinoi:s moves that Whole, proceeded to consider the bill. the Senate proceed.to the consideration of the bill (S. 236) to authorize Mr. DAWES. I have no knowledge of this bill and no disposition the Bellingham Bay Railway and· Navigation Company to build certain to throw any obstacle in its way; but I call the attention of the .;Senator bridges in the Territory of Washington. 2480 CONGRESSIONAL RECORD-· SENATE. MARoH ·18,

The motion was agreed to; and the Senate, as in Committee of the Mr. INGALLS. If there is any report, I should like to hear the re­ Whole, proceeded to consider the bill. port read. The bill was reported from the Committee on Commerce with amend­ The PRESIDENT pro tempore. The report will be read. ments. The first amenclment was, in line 11, section 1, to strike out the The Secretary read the report, submitted by Air. BLAIR February 8, words "or hereafter," before the word "projected;" so as to read: 1886, as follows: That the Bellingham Bay Railway and Navigation Company, a corporation The Committee on Education and Labor, to whom was referred Senate bill duly organized under the laws of \Vashingt<>n Territory, its successors or assigns, 797,ent.itled "A bill to provide for the study of physiology and hygiene, and the be, and is hereby, authorized to construct, maintain, and operate bridges, and ap­ effect of intoxicating, narcotic, and poisonous substances upon life, health, and proaches thereto, over the Nooksack River, in the county ofWhatoom, the Skagit welfare, by the pu:pils in the public schools of the Territories and of the District River, in the county of Skngit, and the Stillaquamish and Snohomish Rivers, in of Columbia, and m the 1\Iilitary and Naval Academies," have considered the the county of Snohomish, at the points where the said company's lines of rail­ same, and report a new bill, in the nature of a substitute for the original bill, and ways, as now projected, cross said rivers respectively. recommend its passage, and that the original bill be tndefinitely postponed. This measure is an attempt to apply t<1 the schools within Federal control, The amendment was agreed to. and where the Congress is primarily responsible for the proper education of the The next amendment was, in section 3, line 17, after the word ''per­ youth, the provisions of laws now in active operation in fourteen States, to wit, sons,'' to strike out ''owning'' and insert ''controlling;'' so as to read: Vermont, New Hampshire, 1\faine, Massachusetts, Michigan, New York, Penn­ sylvania, Wisconsin, Kansas, Nebraska, Oregon, Alabama, Nevada., Rhodelsl­ And the .authority to erect and continue any and all said bridges shall be sub­ and,also Washington Territory, and in all of which such laws were enacted feet to revocation bv law whenever the public good shall, in the judgment of Con­ without opposition from any political party and generally, if not always, with gress, so require; and aU such structures shall, upon such revocation, be removed, great unanimity on the part of the legislative power. - at the expense of the owners thereof, or the persons controlling and operating This bill is one against which it is difficult, not to say unnatural, to urge an ob­ the same. jection. It seems to command the spontaneous and earnest support of every The amendment was agreed to. .. man who does not hate children and seek an opportunity to transmit misery to posterity. Its only object is to give to the rising and coming generations accu­ The bill wasreported totheSenateas amended, and the amendments rate and scientific knowledge of certain substa.nces which are sure to be danger­ were concurred in. ous to their welfare if the temptations which they present are encountered in The bill was ordered to be engrossed for a third reading, read the third ignorance of their true nature. Nota single suggestion has been developed in the deliberations of your com­ time, and passed. mittee which was not made to perfect the bill so far as po!!sible, and to secure COl\IMISSION ON ALCOHOLIC LIQUOR TRAFFIC. with the more certainty its wise and benevolent purposes. In reporting this bill favorably, and earnestly recommending itspassnge, your Mr. BLAIR. I n.sk unanimous consent to take up Senate bill182, committee discharge a grateful duty with a sincere pleasure, which is enhanced Order of Business 154. It is the bill to provide for a commission on the by the unanimity of their action. The stenographic report of the eloquent and powerful addresses delivered before the comm1ttee in support of the bill are subject of the alcoholic liquor traffic. It has been passed by the Sen­ thought to be of such value as to demand their preservation. They will be ate :five times already, and is in a condition where it will go through found appended to this report, the brevity of which is justified by their conclu­ without discussion, I think. sive force. The PRESIDENT pro tempore. The Senator from New Hampshire The PRESIDENT pro tempore. Does the Senator from Kansas ask moves that the Senate proceed to the considerarion of the bill named for the reading of the appendix? by him. - The Secretary proceeded to read ''Appendix-Temperance education · The motion was agreed to; and the Senate, as in Committee of the bill.'' Whole, proceeded to consider the bill {S. 182) to provide for a commis­ Mr. ALLISON. I suggest to the Senator from Kansas that the read­ sion on the subject of the alcoholic liquor traffic. ing of the appendix be waived. The bill was reported to the Senate without amendment, ordered to The PRESIDING OFFICER (Ab. SEWELL in the chair). If there be engrossed fclr a third reading, read the third time, and passed. be no objection the reading of the appendix will be waived. REMOVAL OF CHARGES OF DESERTION. The bill was reported to the Senate as amended, and the amendment Mr. COCKRELL. I ask the Senate to proceed to the consideration was concurred in. of Order of Business 239, being the bill (S. 1471) to remove the charge The bill was ordered to be engrossed for a third reading, read the of desertion from the rolls and records in the Office of the Adjutant­ third time, and passed. General of the Army against certain soldiers. EFFICifu~CY OF THE ARMY. The motion was agreed to; and the Senate, as in Committee of the Mr. LOGAN. I ask unanimous consent to take up Senate bill No. Whole, proceeded to consider the bill. 777, Calendar No. 171. . Mr. CONGER. I move that the words ''forever barred'' be stricken By unanimous consent, the bill {S. 777) to increase the efficiency of out of the bill, leaving the other limitation as it is, which I think will the Army of the United States was considered as in Committee of the accomplish the purpose just as well as the absolute bar. Whole. . Mr. LOGAN. Declaringitforever barred would not prevent its being The bill was reported from the Committee on Military Affairs with passed on by Congress again. It is a mere declaration. amendments. Mr. CONGER. But there is no necessity for these words to effect The first amendment was, in section 3, line 2, after ''shall,'' to insert the object of the bill. The limitations are snfficient without it. "from and after July 1, 1886;" in line 5, after "quartermaster," to The PRESIDENT pro tempore. The amendment of the Senator from strike out "and commissary;" in )ine 6, aft.er "sergeants," to insert :Michigan will be stated. "of cavalry, artillery, and infantry;" in line 11, after "caYalry," to in­ The SECRETARY. After the word "years," at the end of line·4 of sert ''and light;" in the same line, after "artillery," to insert "and section 3, it is proposed to strike out the words ''shall be forever barred infantry;" in line 12, after "dollars," to strike out "corporals of ar­ and;" so as to make the section read: tillery and infantry, $18;" in the beginning of line 13, to insert "sad­ SEc. 3. That all applications for relief under this act shall be made to and filed dler-sergeants of cavalry, $22;" in line 14, before "blacksmiths," to with the Secretary of War within a period of five years from and after its pas­ sage, and all applications not eo made and filed within such period of five years insert ''artificers;'' at the end of line 15, to insert ''wagoners, $17; '' shall not be received or considered; and all acts and parts of acts inconsistent in line 16, after "trumpeters," to strike out "of cavalry;" in line 18, with the provisions of this act are hereby repealed. after "dollars," to insert "hospital stewards; $40 for first-class, $30 for Mr. CONGER. That is sufficient. second-class;'' in line 20, after ''dollars,'' to insert ''post quartermas­ The amendment was agreed to. · ter-sergeants and commissary-sergeants, $34;" in line 27, after ''en­ The bill was reported to the Senate as amended, and the amendment gineers,'' to insert ''and ordnance; '' in line 28, after .''engineers,'' to was concurred in. insert ''and ordnance; '' in line 30, after ''service,'' to inseri ''on the The bill was ordered to be engrossed for a third reading, read the third ·active-list;" so as to mak9 the sec~on read: time, and passed. SEC. 3. That the monthly pay of the following enlisted men of the Army shall, fl'Qm and after July 1,1886, during their first term of enlistment, be as follows: SCIENTIFIC TEMPERANCE INSTRUCTION. Sergeant-majors of cavalry, artillery, and infantry, $26; quartermaster-sergeants Mr. BLAIR. I move to take up Senate bill1405, in reference to sci­ of cavalry, artillery, and infa.ntry,$23; chief trumpeters of cavalry, S22; princi­ pal musicians of artillery and infantry, $22 • first sergeants of cavalry, artillery, entific temperance education. and infantry, $24; sergeants of cavalry,artihery,and infantry, $20; corporals of The motion was agreed to ; and the Senate. as in Committee of the cavalry and infantry, SIS; saddler-sergeants of cavalry,$22; saddlers of cavalry, Whole, proceeded to consider the bill (S.1405) to provide for the study SlS; artificers, blacksmiths, and farriers of cavalry, SIS; wagoners, $17; trump­ eters 816; musicians of artillery and infantry, 816; privates of cavalryl. artillery, of the nature of alcoholic drinks and narcotics, and of their effects upon and infantry, Sl6; hospital-stewards, $40 for first class, $'30 for second Cl~; ord­ the human system, in connection with the several divisions of the sub­ nance-sergeants of posts, 334; post quartermaster-sergeants and COIDllllssary­ ject of physiology and hygiene, by the pupils in the public schools of sergeants, $34; sergeant-majors of engineers, 836; quartermaster-sergeants of engineers, S36; sergeanU! of engineers and ordnance,~; corporals of engineers the Territories and the District of Columbia, and in the Military and and ordnance, $23; musicians of engineers, $16; privates (first class) ofengineers Naval Academies, and Indian and colored schools in the Territories of and ordnance, $1S; privates (second class) of engineers and ordnance, Sl6; and the United States. said rates of pay hereby established shall be increased for continued service on the active-list, as provided by sections 1281, 1282, 1283, and 1284 of the Revised Mr. ALLISON. Section 4 should be stricken out. The bill will Statutes. take effect on its passage whether that section is in or not. The amendment was agreed to. ThePRESIDENTprotempore. The Senator f.rom J.'lbwamoves to strike The next amendment of the Committee on Military Affairs was to out section 4 of the bill, which will be read. add to section 3 the following proviso: The Seor~tary read as follows: Provided, 81!0. 4. That this act shall take effect on its passage. That the pay of n. retired enlisted man shall be three-fourths of the pay of his rank under this section at date of retirement and $8 per month in lieu The amendment was agreed to. of..allowl\nces. 1886. CONGRESSIONAL RECORD-SENATE. 2481

!Ir. LOGAN. After asking the Paymaster-General to make compu­ from the date of their first deposit under this act at such frontier posts as may tation in reference to that, he informed me it would approach 9. So be designated by the Secretary of War. I think it would be fairer to insert ''nine" instead of'' eight." I move Mr. LOGAN. The words "at such frontier posts as may be desig­ to so amend the amendment. nated by the Secretary of War" were stricken out. The amendment to the amendment was agreed to. The PRESIDING OFFICER. The paper is not so printed. The amendment as amended was agreed to. Mr. LOGAN. I move to a inend the amendment by striking out those Mr. HALE. I ask the Senator from illinois if there is any objection, words which occur after the word '' act,'' in line 10. before the amendments reported by the committee are further taken The PRESIDING OFFICER. If there be no objection that amend­ up to my making a motion to strike out section 2, as I shall be called ment will be made to the amendment of the committee. The Chair from the Senate in a few moments. hears no objection. The question is on the amendment of the Com­ Mr. LOGAN. I have no objection to the motion being entertained. mittee on Military Affairs as amended . Mr. HALE. I move to strike out section 2. . The amendment was agreed to. The PRESIDENT pro te~npore. The section will be read for informa­ The next amendment of the Committee on Military Affairs was, to tion. insert, as section 15, the following: The Secretary read section 2, as follows: SEc. 15. That the act of r.Iay 15, 1872, -·'establishing a system of deposits for en­ listed men," is hereby so amended as to apply only to enlisted men on the active­ SEC. 2. That the number of enlisted men in the Army, including an engineer list. battalion of five hundred and twenty men, hospital stewards, 1\nd one thousand Indian scouts, be, and hereby is, established as a. force not to exceed thirty thou­ The amendment was agreed to. sandmen. The next amendment was, to insert, as section 16, the following: llr. MANDERSON. I desire to say to the Senator from Maine that Sxc. 16. That hereafter the inspections made of paymasters' accounts, offices, their duties, &c., shall be made by officers of the Pay Department detailed for it is .my purpose to move an amendment to section 2 in the proper order, that purpose, on the recommendation of the Paymaster-General, by the Sec­ after the amendments proposed by the committee shall have been acted retary of, War, such detail among paymasters not to be continued for more than on; that is, to insert substantially the infantry battalion bill. one year; other paymasters shall be detailed and so on, in each year alternating Mr. LOGAN. I will say to the Senators that if they will let us get the detail. through with the amendments already proposed to the bill by the com­ :M:r. HALE. · I ask the Senator from Illinois one question about a mittee, then I will not object to going back and having amendments portion of that section. It provides: ' offered to any section. That ~erea.fterthe inspections made of payma.sters' accounts, offices, their du­ Mr. HALE. My reason for making the x·equest was that I shall ties, &c., shall be made by officers of the Pa.y Department detailed for that pur­ pose, on the recommendation of the Paymaster-General, by the Secretary of not be in the Senate after a little while; but if the bill is to go over, War. as I suppose it will at 2 o'clock-- Would not that in effect give the power of designation for this duty :Mr. LOGAN. I will consider the amendment as offered. not to the SecretaryofWar, who is the head of the Department, but to Mr. HALE. Evidently the bill can not be completed to-day. the Paymaster-General, his subordinate? And does the Senator desire Mr. LOGAN. I should like to have the amendments of the com­ that? mittee acted on, and then I shall not object to any amendment being Mr. LOGAN. I have no objection to changing that; but I do not offered. see :my objection to that even. The Paymaster-General is in charge of Mr. PLATT. . I am glad to have the Senator from Maine withdraw the Pay Department and responsible for it, and certainly it would be his proposed amendment at this time, because when that section is his duty to select the best men he could find for the purpose of making considered I desire to move to make the Army under this bill 50,000 that inspection. The Secretary of War certainly would not know who instead of 30,000. Mr. HALE. My object is precisely the reverse. I do not think the the best men were except as they should be suggested to him by an Army ought to be increased. officer. Hence we put in the name of the Paymaster-General, because The PRESIDING OFFICER. The Senator from Maine having with­ he, being the responsible head of the Pay Department, would be more drawn his amendment, the amendments of the committee will be re­ likely to suggest proper men than one who knew nothing about them. ported in their order. Mr. HALE. I have no doubt that any prudent, careful Secretary of The next amendment reported from the Committee on Military Af­ War would confer and consult with the head of the Pay Department; fairs was, in section 4, line 5, after the words ' 1 and that the,'' to strike but I should not like to see anything embodied in the statute law that out "pay proper of such soldier" and insert "sum of $20 per month;" takes away the authority of the head of the Department. so as to read: Mr. LOGAN. I have not the slightest objection to the amendment. There was no design in it whatever, except merely to have it so that it SEC. 4. That officers ot the Army stationed at military posts apart from settle­ would be consistent with the duties of the office. ments may, with the approval of the department commander, each employ one private soldier as a. servant: Pnwided, That the consent of such soldier shall be 1\Ir. HALE. I think so, but I think as the section stands now the first procured, and that the sum of S20 per month during the period of such em­ Secretary of War would have no right to makesuch designation unless ployment sha.ll be charged against the officer employing him. it was recommended by the Paymaster-General. I do not think that 1 The amendment was agreed to. is a good feature, and therefore I move to strike out the words ' on the The next amendment was, to strike out section 7, in the following recommendation of the Paymaster-General," in line 4. words: Mr. LOGAN. I have not the slightest objection to that. SEC. 7. That the officer detailed to duty as the governor of the military prison The PRESIDING OFFICER. The question is on the amendment at Fort Leavenworth, Kans., shall have the local rank of colonel, with the pay of the Senator from Maine to the amendment of the Committee on and allowances of said grade while on said duty. Military Affairs. The amendment was agreed to. The amendment to the amendment was agreed to. The next amendment was, to insert, as section 7: The amendment as amended was agreed to. Mr. LOGAN. There are some other amendments I desire to offer, That the pay of chaplain shall be, from the 1st of .July next, $1.,800 per annum. which are moved at the suggestion of the Secretary of War. In line 5 The amendment was agreed to. of section 1, after the words '' garrison court-martial,'' I move to strike The next amendment was, in section 8, line 1, after the word ''line,'' ont the word ':shall" and insert the word "may; " so as to read: to insert "except regimental quartermasters;" in line 3, after the word That hereafter, in time of peace all offenders in the Army charged with "compensation," to strike out "($10 per month);" and in line 4, after offenses now punishable by a regunental1 or garrison court-martial may be the word ''acting,'' to strike out ''assistant;'' so as to make the section brought before a. summary court. read: The amendment was agreed to. SEc. 8. That officers of the line, except regimental quartermasters, detailed 1t1r. LOGAN. In line 6, after the word "officer," I move to insert for duty a.s acting assistant quartermasters, shall be allowed the same additional the words "oftheline." That is done withaviewofprotectingmed­ compensation as is now allowed by law to acting commissaries of subsistence. ical officers and so on from performing that duty. It would then read: The amendment was agreed to. May be brought before a summary court-martial, which shall consist of the The next amendment was, in section 13, line 2, after the words " en­ commissioned officer of the line second in rank at the post or station of the of­ listment of,'' to strike out '' one hundred and fifty; '' so as to make the fender. section read: - · The PRESIDING OFFICER. The Chair would suggest a change of SEC. 13. Th!lt the Secretary of War be, and hereby is, authorized to cause the that language. enlistment of competent instructors for post schools, who shall have the rank 1\Ir. LOGAN. What is the suggestion? and pay of commissary-sergeants. The PRESIDING OFFICER. Say "a commissioned officer of the The amendment was agreed to. line;" so as to read: "which shall consist of a commissioned officer of The next amendment was, to insert, as section 14, the following: the line.'' SEC. 14. That commissioned officers of the :Army on the active-list are hereby Mr. LOGAN. That is right. authorized to make deposits of money with any army paymaster, not to exceed The PRESIDING OFFICER. If there be no objection this amend­ one-half pay in any one year; and all the prowsions and restrictiOns of the act ment will be adopted. The Chair hears no objection. of May 15,1872, "establishing a system of deposits," are hareby made applicable to such deposits: Prcwided, That officers are hereby authorized to withdraw Mr. LOGAN. Now, in line 5, section 3, before the word "quarter­ theiJ deposits on the completion of each and every term of three years' service m:aster," I move to insert "regimental," so as to read "regimental XVIT-156 2482 CONGRESSIONAL RECORD-SENATE. MARcH 18,, quartermaster." That is to prevent the provision applying to post­ PROCEEDS OF SALES OF INDIAN RESERVATIONS. quartermasters. The PRESIDENT pro tempm·e laid before the Senate the following The amendment was agreed to. message from the President of the United States; which was read, and, ?tlr. LOGAN. In line 4 of section 13 I move to strike out " com­ with the accompanying papers, referred to the Committee on Ind.ian missary" and insert the word "ordnance;" so as to make the section Affairs, and ordered to be printed: read: Tli tJr.e Senate-and House of .Representatives: That the Secretary of War be, and hereby is, authorized to cause the enlist­ I transmit herewith a. communication of 16th instant Crom the Secretary of the ment of competent instructors for post schools, who shall have the rank and Interior, submitting, with accompanying papers, a draught of a. bill prepared by pay of ordnance-sergeants. the Commissioner of Indian Affairs providing for the use of certain funds, pro­ Mr. COCKRELL What is the difference in the pay? ceeds of Indian reservations, covered into the Treasury under the provisions of the act of March 3, 1883, for the benefit of the Indians on whose account the same lli. LOGAN. Only about $4. is covered in. The amendment was agreed to. The subject is recommended to the favorable consideration and action of Con­ Mr. LOGAN. I have a suggestion from the Secretary of War that gress. GROVER CLEVEL.il\"'1>. I wish to offer, so that it may be looked into and considered. I am not EXE CUTIVE MANSION, March 18, 1886. so very sure about it myself; I have not thought sufficiently about the subject; but I desire to offer it now, and I can withdraw it afterward AGRICULTURAL PRODUCTS. if I deem it necessary to do so. Afier the word "court-martial," in The PRESIDENT pro tempore laid before the Senate the following line 16 of section 1, I move to insert: message from the President of the United Sta.tes ; which was read: And regulations shall be established by the President prescribing a definite To the Benaf.e: and graded penal code for the guidance of the summary courts provided for in In compliance with a resolution of the Senate of February 9, 1886, I herewith this section m awarding punishment to offende.rs convicted before such courts transmit a report from the Secretary of State, with its accompanying documents, relative to the commerce between the United States and certain foreign coun­ The PRESIDING OFFICER. The hour of 2 o'clock having ar­ tries in cereals and the cott.on product during the years 1884 and 1885. rived-- GROVER CLEVELAND. :Mr. LOGAN. I am not sure that I want this amendment myself, ExECUTIVE :rtlANSION, Washington, Ma1·ch 18, 1886. but I offer the amendment and I ask that it be printed. ThePRESIDINGOFFICER. The hourof2o'clock having arrived, Mr. EDMUNDS. I move that the message and accompanying docu­ the Chair lays before the Senate the uniinished business. ments be printed and referred to the Committee on Foreign Relations. Mr. COCKRELL. I ask that the bill with the amendments already The motion was agreed to. adopted and those proposed be printed again. RELATIONS BETWEEN THE SENATE AND EXECUTIVE DEPARTM~~T. Mr. LOGAN. I shall be glad to have that done. The Senate resumed the consideration of the resolutions reported by · The PRESIDING OFFICER. That order will be made. 1\Ir. EDMUNDS from the Committee on the·.Judiciary February 18, ex­ Mr. HALE. I give notice that I will move to-morrow to strike out pressing the sense of the Senate on the refusal of the Attorney-General section 2. to send to the Senate copies of certain papers. Mr. l\IANDERSON. · I send to the Chair a proposed amendment to Mr. VAN WYCK. I offer an amendment to the pending resolutions. this bilL • ThePRESIDING OFFICER(Mr. SEWELL in the chair). The amend­ Tb.e PRES.IDING OFFICER. The amendment will bereceivedand ment will be read. printed. The SECRETARY. It is proposed to amend by adding to the second POST-OFFICE DEP ARTIIENT BUILDING. resolution: The PRESIDING OFFICER. The Chair lays before the Senate the And in all such cases of removn.l the matter of confirmation shall be considered unfinished business, being the resolutions reported by the Senator from in open session of the Senate. Vermont [Ur. EDMUNDS] from the Committee on the .Judiciary Feb­ The PRESIDING OFFICER. The amendment will be printed and ruary 18, expressing the sense of the Senate on the refusal of the At­ lie over. . torney-General to send to the Senate copies of certain papers. Mr. BROWN. 1\Ir. President, itseemstomethereis butasingleques­ Mr. BROWN. :Mr. President-- tionin issue between the President of the United States and the majority Mr. MORRILL. I ask my friend from Georgia to allow me to call of this Senate. The question is, has the Presidimtthe power to remove a up a bill I have been waiting a month to have considered, and it is Federal officer, when, in his opinion, the public interest requires such re­ rather important that it should be passed upon so that it may go to moval, without the advice and consent of the Senate, or is his power of the House and receive consideration there. It is for a site for the post­ removal confined to cases where the Senate advises and consents to the office in this city. It is Order of Business 158. removal? This is an important question. If the Constitution confers Mr. BROWN. If it can be passed without any discussion I shall the power of removal in such cases upon the President, then the Senate not object. has no right to interfere with him in the exercise of that power, but if Mr. MORRILL. It will not be discussed. It has passed almost the Constitution does not confer the power of remo~al upon the Presi­ unanimously heretofore once or twice. dent and does confer upon Congress the right to legislate upon the ques­ 1\Ir. BROWN. Then I yield for a few moments. tion of removals, then we must look to the acts of Congress in deter­ The PRESIDING OFFICER. Is there objection to the request of mining who has the right to exercise the power of removal. the Senator from Vermont? The Chair hears none. Now, let us examine for a moment the constitutional provisions on The Senate, as in Committee of the Whole: proceeded to consider the this subject. The Constitution, Article II, section 1, decla.res that­ bill (S.1404) to authorize the acquisition of certain parcels of real estate The executive power shall be vested in a President of tho United States of embraced in square No. 406, of the cityofWashington, for the enlarge­ America. ment of the Post-Office Department building and to provide accommo­ In Article II, section 3, the Constitution declares that-- dations for the city post-office. He [the President] shn.ll take care thnt the laws be faithfully executed. The bill was reported to the Sena.te without amendment, ordered to In section 1 of Article II it declares that before he enters on tha be engrossed for .a third reading, read the third time, and passed. execution of his office the President shall solemnly swear that he will 1\IESSAGE FROM THE HOUSE. faithfully execute the office of President of the United States. A message from the House of Representatives, by Mr. CLARK, its These provisions of the Constitution, without other lim1tation, would Clerk, announced that the House had agreed to the resolution of the seem to vest the full and entire executive power of the Government in Senate ·to print additional copies of the Statistical Abstract of the the President, and not only to vest the executive power in him, but to United States for the year 1885. enjoin upon him that he shall take care thatthe laws arefaithfully ex­ The message also announced that the House had disagreed to the ecuted, and to this end the Constitution adds the solemn sanction of amendments of the Senate to the bill (H. R. 5544) to amend section his official oath. 304 of the Revised Statutes of the United States; asked a conference What is the executive power of this Government which is vested in with the Senate on the disagreeing votes of the two Houses thereon, the President of the United States? It embraces the power and duty and had appointed Mr. TUCKER, Mr. ROGERS, and Mr. .J. W. STEW ART of taking care that the laws are faithfully executed. Taken without managers at the conference on its part. limitation or qualification, it confers on the President the power to ap­ INDIAN TRAINING SCHOOL IN OREGON. point at his pleasure such officers, the offices having been established by Congress, as are necessary to the full, honest, and faithful execution of The PRESIDENT p?'O te-mpore laid before the Senate the following the laws of the United States; and if in anycaseanyofficer or agent so message from the Presidentofthe United States; which was read, and, appointed by the President should fail properly discharge the duties with the accompanying papers, referred to the Committee on Indian to assigned him, whether from incompetency, malpractice, neglect of duty, Affairs, and ordered to be printed: or from any other cause whatever which rendered him practically in­ To the Senate and House of Representatives: efficient, or which proved him·to be unfaithful to his trust and dishon­ I transmit herewith a communication of the 16th instant from the Secretary of the Interior, submitting, with accompanying papers, a drnught of a bill prepared est, the President would have the undoubted power to remove him and by the Commissioner of Indian Affair-s "to authorize the purchase of a tract of put another in his place -wilo would faithfully discharge the duties land near Salem, Oreg., for the use of the Indian training school." assigned to him. The subject is presented for the consideration and action of Congress. GROVER CLEVELAND. It follows, therefore, conclusively to my mind that the President, EXECUTIVE MANSI ON, March 18,1885. possessed of the entire executive powerofthisGoveTnment, commanded 1886. OONGRESSIONAL RECORD-SENATE. 2483 by the Constitution to see to it that the laws are faithfully executed when it is done Congress has exhausted ita power over appointments. and who has swo'hl faithfully to discharge that trust, does possess, un- Beyond that, it can take from the President no power of appointment less there is some other qualification in the Constitution to limit his or removal which the Constitution has conferred upon him, and it can power, the absolute right of appointment and removal of officers nee- divest th!! Senate of no jurisdiction it has over the subject of appoint­ essary to aid in the execution of that great trust. If, in other words, ments. the Constitution contained no other provisions on tha.t)ubject except But it will be observed that the provisions of the Constitution last re­ those which I have read, it seems to me there could be no question of ferred to say nothing about removals from office. No one questions the absolute power of the President to remove a corrupt or inefficient that the power Iesides somewhere to make removals of officers employed officer, or indeed to remove any officer, when in his opinion the public in theexecutionofthelawsoftheUnitedStates. Who has that power? interest requires a change, and to appoint a successor. Clearly Congress does not have it as the legislative department of the I do not believe this position can be successfully controverted. Government, for there is no provision of the Constitution that confers Now, Mr. President, after the Constitution has in explicit terms con- it on Congress. ferred. upon the President this high, plenary, and absolute power of Does the Senate possess it? No provision of the Constitution confers executingthe laws constitutionally passed by.Congress, by whatqua.lifi- it upon the· Senate. cations has the Constitution limited this power? The power conferred In case of appointments the Constitution declares that the President upon the Executive by the provisions of the Constitution already re- may make them by and with the advice and consent of the Senate, ferred to to execute thelaws, being full, plenary, and absolute, we must therefore the Constitution gives theSenatejurisdictioninsuch casesj but look to the Constitution itself for such limitation of those powers as the I find no provision in the Constitution which gives the Senate any juris­ framers of that instrument thought proper to impose. diction over the subject of removals or any right of interference incase What are the limitations imposed by the Constitution? Article II, of removals. As Congress as the legislative branch of the Government section 2, of the Constitution.puts a. limitation on his power of appoint- does not possess the power, and it is not claimed that the judicial de­ ment. It declares that he (thePresident) shall have the power, by and partment possesses it, and as the_Constitution has not conferred the with the advice and consent of the Senate, to make treaties, provided power on the Senate, who does possess thepowertoremove incompetent two-thirds ofthe Senators present concur, and he shall nomiDate and, or unfaithful officers? by and with the advice and consent of the Senate, shall appoint em- I answer that the power rests in the President and in him alone. In bassadors, other public ministers, and consuls, judges of the Supreme the President is vested the executive power of the United States of Court, and all other officers of the United States whose appointments America, and he alone is required to take care that the laws are faith­ are not herein otherwise provided for, and which shall be established by ' fully executed, and he alone has sworn faithfully to execute the office law; but the Congress maybylawvesttheappointmentofsuch inferior of President of the United States, upon whom the power is conferred. officers as they may think proper in the President alone, in the courts of It is clear, therefore, to my mind that neither the Congress of ihe United law, or in the heads of Departments. States, nor the House of Representatives, nor the judicial department, Now, here is a limitation upon the absolute power of appointment nor the Senate of the United States possesses any power whateverover conferred on the President as possessor of the otherwise full executive the subject of removals of officers engaged in the execution of the laws power, to wit: That in the appointment of embassadors and the other under the appointment of the President, with the advice and consent officers mentioned he must have the advice and consent of the Senate of the Senate. P before the appointment is complete. The portion of the Constitution Now, Mr. President, it seems to me very clear that the above is the here quoted would therefore in all cases of offices established either true construction of the Constitution. But let us see what has been by the Constitution or by law give the President the appointing power the contemporaneous construction, for if there is doubt as to its mean­ with the advice and consent of the Senate; but he could make no ap- ing every lawyer knows that we look prominently, among other things, pointment without their advice and consent in any case, and neither to the contemporaneous construction of the statute or the Constitution the Congress of the United States nor any other authority, if the limi- for its true meaning. tationstopped here, could takefrom him the plenary power of appoint- In 1789, when the First Congress assembled, the question of the or­ ing all officers of the United States, by and with the advice and consent ganization of the Government under the new Constitution bec:lme a of the Senate. difficult and embarrassing one. But the Constitution does not stop here. After conferring this power Mr. Boudinot, a distinguished Representative from the State of New on the President and Senate of appointment of all officers, it provides Jersey, presented to the Honse of Representatives in Committee of the that Congress (and here is where the power of Congress comes in) may Whole the question of the necessity of organizing the great executive by law vest the appointment of su.ch inferior officers as they think proper departments of the Government, which were not in existence. He de­ in the President alone, in the courts oflaw, or in the heads of Depart- sired the committee to consider how many Departments there should ments. Now what part has Congress to act in this matter if it keeps be, and moved that there be established in aid of the Chief Magistrate itself within the limits of the Constitution? It has no power of ap- three Executive Departments, to be severally denominated the Depart­ pointment and no power to direct appointments; but the President mentsofForeignAffairs,Treasury,andWar. (SeeAnnalsofCongress, alone, by the advice and consent of the Senate, has a: right to makeall volume 1, page 368.) appointments until Congress by law has thought proper to vest the ap- Mr. Madison moved that it is the opinion of this committee that there pointment of inferior officers either in the President alone, in the courts shall be established an executive department to be denominated the oflaw, or in the heads of Departments. Congress_has, therefore, under Department of Foreign Affairs, at the head of which there shall bean the Constitution no power whatever to vest the appointment of any officer to be called the Secretary of the Department of Foreign Affairs, inferior officerin any person or Department except the President alone, who shall be appointed by the President by and with the advice and or the courts of law, or the heads of Departments, nor has Congress the consent of the Senate, and be removable by the President. right to pu.t any limitation upon the appointing power of the President Mr. ·Madison, the great constitutional lawyer, who was justly termed which has not been placed there by the Constitution. Congress can say the Father of the Constitution, in the first proposition that was made, that the President may appoint inferior officers without the advice drew sharply the line between the powers of the Senate and the Presi­ and consent of the Senate, but it has no right to say that the Presi- dent. dent may appoint any superior officerwithouttheconsentoftheSenate. This first Cabinet officer was to be appointed by the President with Congress has power to create offices but it has no power to change the the advice and consent of the Senate and removable by the President. constitutional mode of appointing officers, and it has no power to confer This led to a long discussion in which a number of members partici­ theappointmentofinferiorofficers onanybodybutthePresident, orthe pated, some for and some against. But I shall quote especially from courts of law, or the heads of Departments. Congress does therefore Mr. Madison on account of his eminent abilities, and because he had possessthepowerto divesttheauthorityofthePresidentand the Senate more to do in making the Constitution, and probably understood it to appoint inferior office.rs, but it has no power to limit the jurisdiction better, than any other man living at the time. He says: of the President or the Senate over the appointment of superior officers. I think it absolut~ly necessary that the President should have the power of" Congress may by law invest the courts or the heads of Departments with reiJ:!.oving from office .. It ~ill ~ke him in a. £!~ia.r_ma.nner responsible for the apcnnintment ofall inferior officers without any interference by the theucon~uc~a.nds~Jec~him ~unpea.c~ent elfif!Ie sufi'ers~emtoper- • .1:"' • . • • • • petrate wtth unpUIUty high crliD.es or misdemeanors agamst the Umted States, Prestdent or the Senate, but It can not limit the authonty of the Pres1- or neglects to superintend their conduct so as to check their excesses. On the dent and Senate in making appointments in any other manner than that constitutionality of the declaration I have no manner of doubt. prescribed by the Constitution, nor can it v'est the appointing power in Some contended that an officer could not be removed except by im­ any other person or tribunal, except in the three instances just men- peachment; others, that he should be removed by the President with tioned. the advice and consent of the Senate, but Mr. Madison said he had no When Congress has declared that the appointment of any inferior offi- manner of doubt as to the constitutionality of his removal by the_Pres­ cer shall be vested in the President alone, it has interfered only in part ident alone. with thepower of the Senate overthequestionofappointments. Ithas During the discussion Mr. Benson said he thought this an important divested the jurisdiction of the Senate in case of such inferior officers, question, and one in which they were obliged to take the Constitution and left their appointment to the President alone; but ifCongress thinks by construction, for although it detailed the mode of appointing to of­ proper to confer the power on the courts of law or the heads of Depart- flee, it was not explicit as to supersedure. This clause therefore would mants, it thereby_ divests the jurisdiction of the President and the Sen- be a mere declaration of the legislative construction on this point. He ato over the appomtment. But Congress can only do this by law, and thought the importance and necessity of making the declaration that 2484 CONGRESSIONAL REOORD-· SENATE. MARCH 18, the Chief Magistrate might supersede a civil officer was evident, and Chancellor Kent, thatgreat"legalluminary, in his Commentaries, vol­ he therefore voted in favor of the clause as it stood. ume 1, page 334, speaking of the action of the Congress of1789 in ref­ Mr. Vining said there were no negative words in the Constitution to erence- to the power of the President to make removals, says: preclude the President from the exercise of this power, but there was This amounted to a legislative construction of the Constitution, and it has ever a strong presumption that he was invested with it, because it was de­ since been acquiesced ill and acted upon as of decisive authority in the case. It dared -that all executive power should be vested in him except in case applies equally to every other officer of the Government appointed by the Pres4 ident and Senate whose term of duration is not specially declared. It is sup­ where it is otherwise qualified; as for example he could not fully exer­ ported by the weighty reason that the subordinate officer in the Executive De· cise his executive power in making treaties unless with the advice and partment ought to hold at the pleasure of the head of that Department because be is invest-ed generally with the executive authority, and every participation consent of the Senate, the same in appointment to office. He had no in that authority by the Senate was an exception to a. general principle and doubt but that the Constitution gave this power to the President, but ongbt to be taken strictly. if doubts were entertained he thought it prudent to-make a legislative declarntion of the sentiments of Congress on this point. Mr. Goodhue Farther down the page he says: It may now be considered as firmly 11nd definitely settled, and there is good said: sense and practical utility in the construction. He wished to make the President as responsible as possible for the conduct of officers who were to execute the duties of his own branch of the Government. The Supreme Court of the United States, M:r. Justice Thompson de­ If a remoYal and appointment were placed in the bauds of a numerous body, the responsibility would be lessened. He admitted that there was a propriety livering the opinion in Hennen's case, 13 Peters's Reports, 259, says: in allowing the Senate to advise the President in the choice of officers. This But it was very early adopted as the practical construction of the Constitution the Constitution bad ordained for a wise purpose, but there could be no real ad­ that this power [of removal] was vested in the President alone. And such would vantage arising from the concurrence of the Senat-e to the removal, but great appear to have been the legislative construction of the Constitution. disad\·antages. It might begetfaction and party, which would prevent the Sen­ ate frompayingproperattention to public duties. Upon the whole he concluded Again, referring to the difference in phraseology between the act es­ the community would be served by the best men when the Senate concurred tablishing the Naval Department and that establishing the other De­ with the President in the appointment, but if any oversight was committed it could best be corrected by the superintending agent. It was the peculiar duty partments, he says: of the President to watch over the executive officers, but of what avail would The change of phraseology arose probably from its having been the settled be his inspection unless he had a power to correct the abuses he might discover? · and well 11nderstood construction of the Constitution that the power of removal was vested in the President alone in such cases, although the appointment of Again, Mr. M:adison says: the officer was by the President and the Senate. It is said that it comports with the nature of things that tbose who appoint should have the power of removal, but I can not conceive this sentiment is war­ Spe..1.king of the power of removal, :Ur. Justice Harlan, in delivering ranted by the Constitution. I believe it would be found very inconvenient in the opinion of the Supreme Court in Blake's case, 13 Otto, says: practice. It is one of the most prominent features of the Constitution, a. princi­ But it was early adopted as a part of the construction of the Constitution that ple that pervades the whole system, that there should be the highest possible this power was vested in the President alone. And such would appear to have degree of responsibility in all the executive officers thereof. Anything there­ been the legislative construction of the Constitution. fore which tends to lessen that responsibility is contrary to its spirit and inten­ tion, and unless it is saddled upon us expressly by the letter of that work I shall He then cites, first, Kent's Commentaries, 309; 2 Story on the Consti­ oppose the admission of it into any act of the Legislature. Now, if the beads of Departments are subjected to removal by the President alone, we have in him tution, 4th edition, sections 1537 to 1540, and notes; and, 2d, Maraha.U's security for the good behavior of the officer. If he does not conform to the Life of ~ashington, 162; Sergeant's Constitutional Law, 372; and judgment of the President in aiding the execut-ion of the duties of his office he Rawle's, chap. 14. He then adds: can be displaced. This makes him responsible to the great executive power and During the administration of President Tyler the question was propounded makes the President responsible to the public for the conduct of the person be by the Secretary of the Navy to Attorney-General Legare whether the President hn.s nominated and appointed to aid h1m in the administration of his depar~ ment. But if the President shall join in a collusion with this officer and con­ could strike an officer from the rolls without a trial by court-martial, after a de­ tinue a bad {man hi office, the case of impeachment will reach the culprit and cision in that officer's favor by a court of inquiry, ordered for the investigation drag him forth to punishment. of his conduct. But if you take the other construction, and say lie shall not be displaced but by and with the advice and consent of the Senate, the President is no longer His response was: answerable for the conduct of the officer. All will depE;nd upon the Sen~te. WhateYer I might have thought of the power of removal from office, if the You here destroy the real responsibility, without obta.ming even the shadow; subject were res integra, it is now too late to dispute the settled construction of for no gentleman can pretend to say that the responsibility of the Senate can be 1789. It is according to that construction, from the very nature of executive of such nature as to afford substantial security. But why, it may be asked, was power, absolute in the President, subject only to his responsibility to t.he coun­ the Senate joined with the President in appointment to office if they have no re­ try [his constituents] for a breach of such a vast and solemn trust. {3 Story's sponsibility? I answer, merely for the sake of advising, being supposed from Commentaries on the Constitution, 379, section 1538.) their nature better acquainted with the character of the candidates than an indi­ It is obvious that if necessity is a sufficient ground for such concession in re­ vidual; yet even here the President is held to the responsibility-he nominates gard to officers in the civil service the argument applies a multo fortiori to the and with their consent appoints. No person can be forced upon him as an assis~ military and naval departments. i have no doubt, therefore, that the President ant by any branch of the Government. had the constitutional power to do what he did, and that the officer in question is not in the service of the United States. The same views were expressed by Ur. Clymer said: subsequent Attorneys-General. The power of removal was an executive power, and as such, belonged to the President alone by the express words of the Constitution, "The executive power (Citing a number of cases). shall be vested in a President of the United Stat-es of .America." The Senate were In Du Barry's case, .Attorney-Gene~! Clifford said that an attempt to not an executive body, they were a. legislative one. It was true in some in­ limit the exercise of the power of removal to executive officers in the stances they bad a qualified cbeck.overtheexecutivepower, butthatwasin con­ sequence of an express declaration in the Constitution. Without that declara­ civil service found no support in the language of the Constitution, nor tion they would not have been called upon for advice and consent in case of ap­ in any judicial decision, and that there was no foundation in the Con­ pointment. Why, then, shall we extend their power to control that which is stitution for any distinction in this regard between civil and military naturally in the Executive, unless it is likewise expressly declared in the Con­ stitution? officers. In Lansing's case the question arose as to the power of the President Mr. Vining said: in his discretion to remove a military storekeeper. Attorney-General It is well known that the Senate are to decide upon an impeachment made by Cushing said: I he House. Now, can they be impartial judges when they have already given their judgment in the case? Suppose the President communicates his suspicions Conceding, however, that military storekeepers are officers, or at least quasi to the Senate respecting the malfeasance of a public officer, and they, from fac­ officers of the Army, it does not follow that they are not subject to be deprived tious or party views, or inueed for want of information, refuse their consent to of their commissions at the will of the President.. I am not aware of any ground the removal, can they be the equal and unbiased judicature which the Constitu­ of distinction in this respect so far as regards a strict construction of law be­ tion contemplates them to be? tween officers of the Army and any other officer of the Govermnen t. As a gen­ eral rule, with the exception of judicial officers only, they all hold:their commis­ He thought they could not. sions by the same tenure in this respect. Reasons of a special nature may be deemed to exist why the rule should not be applied to the military in the same Tht motion of Mr. Madison was carried by a very considerable ma­ way as it is to civil officers, but the legal applicability to both classes of officers jority in favor of declaring the power of removal to be in the President, is, it is conceived, the settled construction of the Constitution. IIi is no answer and the same construction prevailed in the Senate. to this doctrine to say that officers of the Army are subject to be deprived of their commissions by the decision of a court-mru:tial. So are civil officers by im­ Referring to this net of the Congress of 1789 in the case of Marbury peachment. The difference between the two cases is in the form and mode of vs. Madison, Chief-Justice Marshall says: trial, not in the principle,which leaves unimpaired in both cases alike the whole By the Constitlition of the United States the President is invested with certain constitutional power of the President. important political powers in the exercise of which he is to use his own discre­ It seems unnecessary in this case to recapitulate in detail the elements of con­ tion, and is accuntable only to his country in his political charact-er and to his stitutional construction and historical induction by which this doctrine has been own conscience. To aid him in the performance of these duties he is authorized established as the public law of the United States. to appoint certain officers who act by his authority and in conformity to his I observe only that, so far as regards the question of abstract power, I know of orders. In such cases their acts are his acts, and whatever opinion may be en­ nothing essential in the grounds of legal conclusion, which have been so thor­ tertained of the manner· in which executive discretion may be used, still there oughly explored.at different times in respect to the civil officers, which does not exists and can exist no power to control that discretion. The subjects are polit­ apply to officers of the Army. ical. They respect the nation, not individual rights, and being intrusted to the The same officer subsequently, when required to consider this ques­ Executive, the decision of the Executive is conclusive. The application of this remark will be perceived by adverting to the act of Congress for establishing a tion, said that- department of foreign affairs. This officer, as his duties were prescribed by that The power has been exercised in ma.nycaseswith the approbation, express or act, bas to conform precisely to the will of the President. He is the mere organ implied, of the Senate, and wit.houtchallenge l;lyany legislative act of Congress. by whom his will is communicated. And it is expressly reserved 1n every comm1s ion of the officers both of the Again he says: Navy and Army. (8 Opinions, 231.) Where the head of a Depa1·tment acts in a case in which the Executive discre­ Such, says Judge Harlan, was the established practice in the execu­ tion is to be exercised in which he is the mere organ of executive will, it is again repeated that any application to a court to control in any respect, his conduct tive department, and such the recognized power of the President up to would be rejected without hesitation. the passage of the act of July 17, 1862. 1886. CONGRESSIONAL RECORD-SENATE. 2485

Speaking of the power of the President to make removals, Attorney­ eral Grant mving been elected President, that distinguished officer sent General Devens (15 Opinions, 431) states, with much reason, that- a message to Congress recommending the repeal of this act, which I So far as it gives authority to the President, it is simply declaratory-of the think I do not characterize too strongly when I say it was conceived in long-established law. . passion and brought forth in prejudice, and should, as General Grant • We have then the concurrent testimony of our most distinguished recommended, have been swept from the statute-book without delay. commentators and judges, such as Marshall, Kent, Story, Sergeant, The party in power having refused to do this, they passed an act on Rawle, and ofmany ofthe most distinguished ofthe Attorneys-General of the 5th day of April, 1869, by which the two sections of the ad of 1867, the United States, such as Legare, Clifford, Crittenden, Cushing, Devens, which I have quoted, are declared to be repealed, and in lieu of said and several others; and we have a number of the most distinguished sections the following was enacted: Republican statesmen of the present day, as well as the unbroken prac­ First. Tliat every person holding any civil office to which be has been or here­ tice of the different Presidents through all the administrations down after may be appointed by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold to 1867, to the effect that it was the settled construction of the Consti­ such office during the term for which be shall have been appointed, unless sooner tution for the first seventy-eight years of the existence of the Govern­ removed by and with the advice and consent of ·the Senate, or by the appoint­ ment that the President bad the power, in the exercise of his sound ment, with the like advice and consent, of a successor in his place, except as herein otluwwise provided. discretion, without consulting the Senate, to remove Federal officers, SEc. 2. That during any recess of the Senate the President is hereby em­ whether civil or mllitary. powered, in his discretion, to suspend any civil officer appointed by and with So much for the constitutional construction which prevailed for the the advice and consent of the Senate, except judges of the United States courts, until the end of the next session of the Senate, and to designate some suitable first three-quarters of a century of the life of the Republic. person, subject to be removed in his discretion, by the designation of another, Unfortunately, about the end of that period the two sections of the to perform the duties of such suspended officer in the mean time; and such per­ country became engaged in civil war. At the end of the unfortunate son so designated shall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during the time he per­ struggle the dominant party which then controlled Congress by more forms his duties, be entitled to the salary and emoluments of such office, no than two-thirds majority, at a time when passion and prejudicewereat part of which shall belong to the officer suspended, and it shall be the duty of the highest, found in the executive chair a President who had been the President within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, to nom­ elected by them to the Vice-Presidency, who bad been a Democrat all inate persons to fill all vacancies in office which existed at the meeting of the his life, and had been put upon the Republican ticket beca.use he was~ Senate, whether temporarily filled or not, and also in the place of all officers consistent Union man and what was called a "War Democrat." An­ suspended; and if the Senat-e during such session shall refrise to advise and consent to an appointment in the place of any suspended officer, then, and not drew Johnson, who became President by the unfortunate death of Mr. otherwise, the President shall nominate another person as soon as practicable Lincoln, was not in accord with the party that placed him in power. to said session of the Senate for said office. The feeling of antagonism became intensified, and the Republican Con­ Now, :Ur. President, the two first sections of the act of 1867 are es­ gress determined that he should not exercise the same constitutional sentially at variance with the act of 1869. The first act, already powers which had been exercised without successful contention as to as their authority continuously by other Presidents for three-quarters of stated, was passed in a time of high political excitement and preju­ dice. a century; and to hedge in the President, so that he might not exercise Two years later, passion and prejudice had in a great measure sub­ these powers, which had been conceded without interruption to his;pred­ ecessors, Congress passed the act of 1867 during the period when excite­ sided, and the Congress were in better condition to consider the great question with which they were dealing. It is true that section 1 of the ment and prejudice were at their highest point. The two first sections act of 1869 retains the substantial provision of section 1 of the·act of of th~t act were in the following language: 1867, to the effect that an officer holding office to whiJ~h he has been SECTION 1. That every person holding any civil office to which he has been appointed by and with the advice and consent of the f/ienate shall not appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly be removed by the President without the advice and consent of the qualified to act therein, is, and shall be, entitled to hold such office until a suc­ Senate, "except as herein otherwise provided." cessor shall have been in like manner appointed and duly quali1ied, except as The second section provides otherwise in case of all suspensions made herein otherwise provided: Provided, That the Secretaries of State, of the Treas­ ury, of War, of the Navy, and of the Interior, the Postmaster-General, and the by the President during the recess of the Senate. The a-ct of 1867limits Attorney-General shall hold their offices respectively for and during the term­ the President during the recess of the Senate in making suspensions to of the President by whom they may have been appointed, and for one month cases where he can show misconduct, or crime, or incapability, or dis­ thereafter, subject to removal by and with the advice and consent of the Senate. 8Eo. 2. That when any officer appointed as aforesaid, excepting judges of the qualification, and he is bound to report the suspension to the Senate, United States courts, shall, during a recess of tlle Senate, be shown, by evidence with the evidence and reasons for his action. Now if this were the law satisfactory to the President, to be guilty of misconduct in office, or crime, or for to-day, and it were passed without violation of the Constitution of the any reason shall become incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer and des­ UnitedStates, there would be no question that the Senate in acting upon ignate some suitable person to perform temporarily the duties of such offiee the case of a suspended Federal officer would have the right to call upon until the next meeting of the Senate, and until the case shall be acted upon the President not only for the papers in his possefsion which related to by the Senate, and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed the removal, but for all the evidence he might possess in the case. This to till such office; and in such case it shall be the duty of the President, within was the absurd extent to which the act of 1867 was carried in violation twenty days aftertbetirstdayofsuch nextmeetingoftheSenate, to report to the of the fundamental law of this land. So much for the act when it was Senate such suspension, with the evidence and reasons for his action in the case, and the name of the person so designated to perform the duties of suCh office. intended to operate upon the administration of Andrew J ohnso:i:l. Let And if the Senate shall concur in such suspension and advise and consent to us see how it stands when it was arranged for the benefit of the admin­ the removal of such officer, they shall so certify to the President, who may istration of General Grant. thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another person to such office. But if the Senate shall refuse to Section 2 of the act of 1869 must be construed in connection with the conc1,1r in such suspension, such officer so suspended shall forthwith resume the first section of that a-ct, which, as already stated, denies to the Presi­ functions of his office, and the powers of the person so performing its duties in dent the power to remove an officer who has been appointed by and his stead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so performing the duties thereof, with the advice and consent of the Senate without the like ad vice and and not to the officer so suspended: Provided, however, That the President, in consent of the Senate, but adds the significant words "except as herein case he shall become satisfied that such suspension was made on insufficient otherwise provided." And it is herein otherwise provided as to all grounds, shall be authorized at any time before reporting such suspension to the Senate, as above provided, to revoke such suspension and reinstate such offi­ suspensions made during the =ecess of the Senate, and instead of being cer in the performance of the duties of his office. made on charges as already mentioned, the President is empowered to Mr. President, this act was thoroughly radical. It reversed the ruling make then in his discretion. As stated by Chief-Justice Marshall in and practice of the Go>ernment for the last three-quarters of a century. the case to which I have already referred- Whatever opinion may be entertained of the manner in which the execut.ive It denied absolutely the power of the President to make removals with­ discretion may be used, still there exists and can exist no power to control that out the advice and consent of the Senate. It did not permit-such re­ discretion. The rights being intrusted to the executive discretion, the decision movals unless it was shown by evidence satisfactory to the President of the Executive is conclusive. If the President has willfully and corruptly that misconduct in office, or crime, or incapability, or legal disqualifi­ abused his discretion there is a remedy by impeachment. cation to perform the duties of the office existed in the incumbent. It The act of 1867 contemplates the separate action of the Senate, first made the suspension until the next meeting of the Senate and until the on the proposition to suspend the officer, and then on the proposition ease should be acted upon, and required the President to report the case to appoint his successor. The act makes it the duty of the President to the Senate within twenty days after its meeting with the evidence to report to the Senate such suspension with the evidence and reasons and his reasons for his action, and in the event the Senate failed to ad­ for his action in the case; and if the Senate shall concur in such sus­ viSe and consent to the removal it reinstated the original incumbent. pension (clearly contemplating a vote of the Senate on the question of sus­ Either the construction of the Fathers who made the Constitution, and pension) and ad vise and consent to the removal of such officer, they shall of a long line of Presidenti, and the opinions of many of the most dis­ so certify to the President, who may thereupon remove such officer. This tinguished lawyers and jurists of this country were radically wrong, or contemplates a report by the President to the Senate of such suspen­ this act was a palpable violation of the Constitution ofthe United States. sion, with his reasons for the removal, and the action of ~he Senate upon As already stated, it was passed by a large majority at a time of high it, and a notification t<> the President that they have consented to the political excitement to serve a party purpose and to throw obstruc­ removal; and when the President has received such notice, it provides tions in the way of a President who was veryobnoxious to the party in that he may thereupon remove such officer, and it adds, ''by and with power. · the advice and consent of the Senate" (contemplating another vote) On 1\Iay 2, 1869, a change of administration having taken place, Gen- appoint another person in his place. Under the act of1867 the Senate 2486 CONGRESSIONAL, RECORD-SEN.A:!.UE. MARCH lH, has- to._ act first. UJ.>On the proposition to suspend or remove the ofiicer-, and a second vote, not on theremo:val, but on the-confirmation., and who and if they-concur -the- President may then make the remuval, and after can doubt in that case.that if the Senate should r:ejeot the.second no:.nc the removal has--been made, there being. a vacancy"' of course the Presi­ inee, the President, by virtue of the power vested in him by the Con­ dent·may nominate-some one to fill the vacancy; and the Senate.may stitution, would have the right to make a third, or a.fourth, or as many: consent, or· refuse to consent, to the appointment. more as might be necessary until.the Senate should confum.some-worth~ In: place of these provisions of the act of 1867 the act of 1869 simply nominee ? But it may be said that in such. case the-Senate wonld refuse makes- it the-duty of. the President, as in -case of all other vacancies, to to con:firm.any: nominee. W a-can not suppose that-the.8enate would do nominate·some proper person to fill the-place, andifthe Senate during so unjust and absurd :m act as to refuse- to con:fi.rm...aseeond nominee.if such session refuses to consent to the appointment, not the removal, he were worthy and well qualified and. there were no good cause of re­ then it is made the duty of the President to nominate another person jection. We can not suppose the Senate would act npon its-prejudice, as soon.as- practicable to said session of the Senate for said office. its passion, or. its feeling of hostility to the President in confirming_ or So you will observe, Mr. President, that the act of 1869 repeals all rejecting a nomination made-by him. Such action wo:uld.lower the -dig­ the imJ.lortant provisions of the act of 1867, which the political party nity ofthe-8enate and do gross injustice to the-individual. thnt enacted it could not endure for two years, and leaves the Presi­ ·But suppose I am wrong -about all this, and.when the Senate has-re­ dent to act with unlimited discretion in the matter of suspensions dur- jectedafirstandsecondnomineetofill theplaceof.thesnspendedo:fficer­ ing the xecess. of the Senate. , for both votes are required by the statute-and: has adjoruned without Again, the act. of 1867 and the act of 1869 are very unlike in :mother consenting ro the appointment of any one to fill it, that such adj ourn:ment respect. The act of 1867 provides that if ~he Senate shall refuse to by the Senate without action restores the suspended officer to his-office, concu:dn._such suspension.suoh officer so suspended shall forthwith re­ still he is not reinstated, so that he can, uncler the language of-the first sume the funotions of his o:ffice, and the powers· of the person so per­ section-ofthe-act, "holdsuchoffice;" fornoone, Lapprehend, will ques­ fanning the dnties- in his stead. shall cease. The act of 1869 makes no tion the right of the President, the very hour that the Senate has ad­ J.>rovision for the resumption by the suspended ofiicer of the functions journed to issue another order.snspending_him, andappointingaproper ofJ his office in any case. It provides that if the Senate during such person to take the office with its emoluments. Bearinmind, then, .Mr. session shall refuse to advise and.consent to an appointment in place o:f President, that there is no provision in. the act of 1869 that practically any suspended officer, then, and not.. otherwise, the President shall do reinstates the suspended o:fficerinhisoffice. The Senate.hasnopower to whnt ?· Reinst.ate the suspended officer? No. The Presid~nt shall reinstate him.and authorize him to ''hold his office.'' He can not under. nominate another person as soon as. practicable to said session of the any possibility without the consent of the President, after he has once Senate for said ofiice. been..suspended, hold the position fm: a single hour~ If the Ere ident Here, then, the unlimited power ofsuspension ofFederalofficers during suspends him again as soon as the Senate adjourns heis practically out the recess of the Senate is conferred abso-lutely upon the £resident in of office untiL the adjournment of the next session or the Senate, and. his discretion, and when he has suspended· such officer there is no power nobody will deny, I suppose, tha.t the President-in. his discretion may in the Senate or in any other-tribunal, without-the consent of the Presh suspend him from time to time as often as there is a recess:. of the Sen­ dent, to reinstate the sus_pended_officer. So that he may, as provided in ate and appoint :mother pel'Son to hold the office until the end of the the first section of the act- of 1869, ''hold such: office during the te:rm next session ofl the Senate. If the Senate during. each session refuses for-which he·-shallhave been.aJ:!pointed;" or hold: it for a· single day. to cmi:firm,.the nominee, it is .made the dnty of the President nov to re­ The act of 1867, as alxeady stated, made- provision::fm:reinstatinghim. instate the suspended officer, bu.t at eacb._session to._nominate another The- act of 1869 denies to thesnsJ.>endedoffi.cer-theright-tube:reinstated person to :fill the office. and;" hold such office dn:ring·the term for-which: lie was· ap_pointefr." But it has- been argued here that the Supreme Court of the. United Thtreats·the ca e as·a vacancy, and m.ah-es-it the dutyofthaPresidimt, States, in Embry's case, United States Reports, volume 100, has decided as soon as-practicable, to- nominate-another-person· in_ ca e the Sena.te that-th&-SUSJ:!ended officer is reinstated after the Senate adjourns with­ refuses to confirm the person nominated. as·his successor. If the act of out confirming·his· successor. An examination of that case will show 1869-llad intended 'that the offi-ce:r:. be reiilst.atedl it would. have made. tbat-theSenatorwho used itrwas mistaken as to the point decided. Tbe provision· for a vote of the Senate on the·rem-oval of the. suspended.offi­ question raised was:not one of the right of the suspended officer to be cer, as in case-of the act-cf 1867. reinstated'in.his office, but·it-was a question who had..tlie right-to the Tlie statute makes no such provision, and confers.UI>On this- Senate salary during the time of the suspension, and the Supreme Court decided, napower to vote on the questiorrof'removal. If it is-contended'that and all that it did decide was, that the suspended officer had no right the vote on the conffr-mation of the nominee of-the President, ifun­ to the salary druing the time, but that the person who filled.-the office favorab1e, is a:vote against the·removal'ofthe original incum]jent a:nd and did. the duties-was entitled to the salary. Thatwas the-decision, works a rejection of the, nominee and reinstates: the incumbent, then and it was all that-was decided. In·that case, the First Assistn.nt Post­ the subseq__uent provision of ttie statute which declares in snch cas:e master--Generalliad'notified the suspended ofti-cerafte:rthe adjourmnen.t that the President shall, as soorras practicable, nominate_another per­ of the Senate to resume the duties of the office until the case could be son to fill the- place is a. simple absurdity: In other words, if the vote submitted to the Attorney-General, and no question had been- raised of the Senate to reject the nominees is to be taken as a vote-against the about the effeet of tlie suspension or his Tight-to be reinstated: It.was 1·emova.l of the suspended officer, why-is it necessary to Have two o:r an. action broughtr by th&- suspended· officer- for the salary dtui.ng the. more votes against the suspension T If tlie President nominates an­ time he was out of office. othm~ person for the office and tlie Senate then refuses ro confirm that Ghlef-Justice Waite says-, in. delivering the opinion: person, which one of the votes, and. both are required by the statute, is We have had..no difficulty in reaching the conclusion that tbe appellant is not the vote against the removal, and which is the vote on the confirmation entitled to recover. Tbe important constitutional question which has at times of the :Q-ominee? How is the P..resident to know when he is informed occupied the attention of the political departments of the Government ever since its organization, and which was- brought to our- attention in the argumont, is that the Senate has rejected the nominee- whether. it did it because .it not, as-we--think, invoh·ed. The question, here presented· is not one of office, was unwilling ro remove tlie suspended officer or because otthe alleged but-of salary. Wherever the power of removal from office may rest-, all agree incompetency or bad character of the nominee? thn.t Congress bas full control of salaries, except those of the P.resident nnd Did the :first-vote of rejection mean that the Senate was-o:m>osed to judges-of the cow·ts ofl.-he United States. the removal or that the nominee was an imp:rope:r.pel'Son, and what was The question before the Supreme Court of the United States in Em­ the meaning of the second vote of the Senate on the confirmation of the bry's case, therefore, was a question of salary, and the Chief-Justice second nominee? How many votes rejecting nominees are necessary expressly disclaims even the consideration-of-the qu.e tion.as to whether to indicate the will of the Senate that they·will not consent to there­ the President- had the right to make removals from.. office, or whether mo-val of the original incumbent, and if a vote against-the nominee the Senate had a right to be consulted. The decision, therefore, prac­ amounts to a refusal to remove the incumbent, why not reinstate him. tically has no bearing on this question. in his office as soon as the first vote of rejection has been had, and why T.hen, as neither the Senate nm: any other tribunal has any power to does the statute direct the President as soon as practicable to make an­ prevent the suspension, in the discretion. of the P.resident, during the other nomination to fill the place? The very fact that the President recess of the Senate, and as· neither the Senate· nor any other power in is required, in case of a rejection. of the nominee-, to make another nom­ this Goveniment can practicallyreinstate the suspended officer, what ination to :fill the same place shows conclusively that Congress-intended has the Senate to do with the case ofsuspension or removal? It ha no to. treat it as a vacancy and make it the duty of the President to fill it jurisdiction..and no power to control it, and it usurps an authority not as other vacancies-are .filled, by continuing to make nominations until conferred nplm it by the Constitution or the laws when it attempts to a pel'Son shall be nominated who commands the consent of the Senate. interfere. It has no morerjght to demand of the President the evidence !&it necessary: for the President to make t:wonominationsofpel'Soll&to on which he acted or the reasons for his action than. it has to demand fill the place of the suspended officer and take- a.vote of the Senate on of the Supreme Court the rea ons for the decis-ion made by that court, each before it can be said that the. Senate has refused to concur in the or to demand of the House of Representatives: the..rea-sons why it re­ removal by snch vote? fused to pass a bill passed and sent-to it bytheSenate. Ithasnomore Suppose, ns in case of other vacancies; that the. Senate should r.eject power over the subject' than: the President.has-to require the Sell!lote, the second nominee, why might he not send a third.and a fourth, and when. he has.nominated a person to fill a vacancy; to give thareasons if the Senate-should reject each, whioh vote ofrejection.ofthenominee for the rejection of such person or to produce the papers that ihfl.uencecl was- the vote refusing to consent-to the -:removal of the suspended officer? the action of the Senate. The attempt is a naked, bald usurpation-; on Wasit--thefirst? No, becausethestatute provides for another nomination the-part of this Senate, :

1886. CONG-'RESSlONAL. RE00RD~NA~E. 2487

M.r~ President, the_absu.rd act of 1867 never was the law: of this land. Let the-President exercise the power conferred_upon.him by. the Con­ Ito is in plain_and palpable violatio.rr_of the-provisions of the Constitu­ stitution_ of the United States, and remove from office those who are-not tion to whichllutve_referred. Itattempted-without_authorityto limit in accord with his-administration and not r.eady to. do faithful service the legitimate power which the Constitution confers upon the :President in aiding rocar:cy:outhis-policy, and fill theirpla-ceswithhonest, capable in making TeiiiDVals from office. men who are friends of the administration, and the universal acclaim r conclude, then, that the provision of the_Constitution which con­ of the Democracy and the honest masses of this country will be; '' Well fers upon the President the executive power of the United States con­ done, thou good and faithful. servant!'' fers the right subject io the qualifications- afterward mentioned, to Mr. President, the people, that high court of appeals of last resort1 appoint or remove any and all officers of the United.Btates. The un­ from whose final decision there is no appeal, to whom alone the-Eresi­ limited executive power of a State certainly carries with it the power dent is responsible for the manner in which he exercises-his discretion of appointment and removal of the persons-to :fill the offices designated in the matter of removals from office, when they have heard the argu­ by law as necessary to the complete execution of the executive power. ments and considered:the case on its merits, will order a nonsuit, the This exccuti ve power Tested by the Constitution in the President has cost to be paid by theJllaintiffs, in the great case-of George F. Edmunds the following limitations: and-Company, Republican_ managers of the Senate, t·ersus Gro-verCleYo­ That the President has no power to remo-ve a judge ofthe United States land, President of the United States. courts. Mr. SPOONER. ~Ir. President, I mako no attempt to disguise-- the TbatthePresident'sappointingpoweris..subjecttotheadviceandcon- facli, or to apologize for it, that the fortunes of the Republicanparty are sent of the Senate. · verydeartome and that I wish that party, here and elsewhere, to reap That Congress has no power to limit theappoint.ing~owe:r.ofthe Presi­ every fair partisan advantage which may be taken from the-blunders dent and Senate in case of superior officers. and from the shortcomings, if any such there are or shall be, of this That Congress has the power by law to divest the appointing power administration. Bnt I trust I do not forget, and. shall notforget, that of the President and the Senate in case -of inferior officers, by conferring I am a Senator of the United States- as well as a Republican; and. that the power of appointment on the courts oflaw or the heads of Depart­ as a Senator my first duty always is to the people, and that I have no ments, or it may divest the power of the Senate over the question by con­ right to take action here to subserve a party interest which would be ferring the power of appointment of inferior officers upon._ the President harmful to the interests of the people. alone. But this power rests with the President and Senate until Con­ I deny for myself, and Ihaveanthorityto deny fm:everySenator upon gress has vested it in the President alone, orinthe courts of law, or inthe this side of the Chamber, the statement so often made on the other side heads of Departments; and Congress can vest it-nowhere else. that we desire, or are willing, to.harrass, hamper, orembarrass-th(}Pres~ That Congress has no appointing power; but it may by-law-confer on ident-in the proper exercise of executiveti.mctions-. Such a.moti ve would the President or"the courtsoflawor the heads of Departments-theap­ be-unworthy, and should not be so lightly imJluted. pointing-'})ower in case of inferior office'S. The principle involved inthis controversy, to my mind, is far aboYe That the executive power, which includes the power of appointment the question as to who shall hold the ojficesin the couutry. If Imis­ and removal, when conferred without other limitation, is still left in take not the real question in debate, itinYolves a ~rinoiple essential to the hands of the President with the qualifications as to treaties and ap­ the orderly conduct of the Government. ~fay I go back to the case pointments already mentioned. before the Senate as made by the resolution adopted by the-senate, the That the executive power vested in the Eresident confers on him the only action thus· far taken by the Senate, demanding papers of the power of removaL in_ all cases of appointments made with the advice Attorney-General? This is the resolution: and consent of the Senate, and that power·is-not limited as in the case Resolved, That the .Attorney-General of the United Stat-es be, and he hereby is, of the appointing power by any other provision of the Constitution. directed to tra-nsmittotheSenatecopies of.a.lldocumentsandpapers "that have been filed in the Department of Justice since the.. 1st day of January, A.. D. The legislative department of the Government has no-right to limit 1885"- it, because the Constitution has conferred it upon the President with­ out limitation. The -senate has no right to limit it, because the Senate Now,note- in 1·elation to the management and conduct of'the office of district attorney of possesses only such powers as are conferred uponit by the Constitu­ the United States of the southern district of Alabama. tion, and the Constitution..confers-upon the-Senate no authority to limit the P_resident'& power of removal which he possesses· as-an important That was the-demand formulated, not-by any Senn.te committee, but part of his executive power. by the Senate, u~theAttorney-General. Allow me to call attention I hold, then, that the President possesses under. the Constitution, ex­ once more to hisresponse, which :r venture-to say is the most remarkable response tha.t_ever came from.an executive-officer to the legislative de­ ceJ.!t in the case of judges of the United 8-ta~courts, the unlimited power in his discretion to remove all Fedeml office-holders appointed partment-of the Government: as above mentioned by the President with. the consent of. the Senate, racknowledge the receipt of a resolution of the Senate adoi>ted on the 25th instant, in executive session as follows. and for the exercise of that power he· ia neither amenable to Congress Stress at the outset, it will be observed, is laid upon the fact that the nor the Senate, unless he_ac-ts - corruptly, in which case he may be action of the Senate· was had in executive session. Let me ask what reached by the power of impeaohm.ent. But neither the Congress nor the Senate has-any power to call upon him to a-ccount for any act of re- has that to do with the power of the Senate? Is the Senate one body 1-.-l · f with one set of~owers and ftmCtions when it sits with open doors and moval in any other manner. Neithertlll:l egLSlatLve-departmento the anotheranddifferentbodywhen it chooses to transact its business in Government, nor_ the executive department, nor the Senate, nor any other officer of the Government, has- the right to. require him.. to pro- secret? Does auy Democratic Senator ou this floor pretend for one duce any papers-which he may have- inspected while acting UJlOn the moment that if-the Senate chose for-some reason, satisfactory to il:.

people, unaided by the message which the President sent upon the same I concede, of course, that there may addressed to the President, and subject, and which is in some sense an additional statement of fact. doubtless are, many papers which are confidential. No one questions The Senate calls for certain papers, filed within a given period in a that; but I deny that papers addressed to the head of a Department or to public department, touching the ·management of a public office. An the President of the United States touching the conduct of an officer, of executive officer of the United St.ates, recognizing the fact that the such a character that they may be properly acted upon by either the head papers are in his custody, not denying for a moment their existence, of the Department or the President, proper to be placed upon the files says to the Senate, by direction of the President, that ''it is not con­ of the Department, relating to the transaction of the people's business sidered that the public interest will be promoted by a compliance in one ofthe people's offices, can by any magic become theprivate and with said resolution and the transmission of the papers and documents confidential and secret papers of the President himself. therein mentioned to the Senate in executive session." The President in his message says: Is it to be admitted that a Cabinet officer, even by diredion of the They consist of letters and representations addressed to the Executive or in­ President, shall be at liberty to refuse to transmit any papers to the tended for his inspection." Senate in executive session unless satisfied that the purpose for which What of it? We all know that many of the charges formulated and the Senate desires them is one which in his opinion is wise and proper? transmitted from time to time by citizens against public officers are in - Is it to be assumed by an executive officer or by the President that be­ the form of letters. They are transmitted, of course, for the inspec­ cause a nomination is pending in the Senate of a person to fill an office tion of the President. They are in tended to attract his attention; they that the Senate may not in executive session lawfully caJl for the pa­ are intended by the writer.s to secure his action. pers filed in a Department touching the conduct of that office? Resays- IfBurnett had been confirmed and Duskin had been thereby removed, They are volimtarily written- could the Senate be denied the production of the papers mentioned in the resolution? Even though called for in executive session who will Certainly. No one supposes they are involuntarily written; no one so contend? Does the fact that the nomination was pending change supposes they ru:e written compulsorily. Does that make or tend to the character of the papers or the Senate's power to demand, and its make them private and confidential? right to receive and inspect them? He continues- If George M. Duskin were still in office discharging the duties and and presented by private citizens who are not in the least instigated thereto by functions of the position, and the Senate in open session, or in execu­ any official invitation or at all subject to official control. tive session, should pass this resolution caJ.ling for those papers, would What of it? I have known several times of charges against public the Attorney-General or would the President hesitate for one moment officers being sent by private citizens to the head of a. Department and to transmit them? Suppose the House of Representatives had passed to the President of the United States. That is generally the case. the resolution, instead of the Senate, upon what theory could the Are they for that reason private and confidential? Certainly not. Must Attorney-General, either of his own motion or upon the direction of papers which relate to t.he conduct of the public business necessarily the President, refuse to transmit them? be signed by some official, or invited or instigated, to render them pub­ It has always been supposed thateithertheHouse of Representatives lic and proper for the files, or to render them, if upon the files, open or the Senate had plenary power to investigate the Departments, had to the Senate or House. abundant authority to examine the Cabinet officers, even to bring them The President says in his message (but the Attorney-General did not before the committee, with all papers in the office which would tend to say in it his response) that- · show its condition, and the manner in which it had been conducted. There had been no official papers or documents filed in his Department relat­ It may be done in order to expose corruption; it may be done in order ing to the case within the period specified in the resolution. to uncover defects in the organization of a Department; it may be done It is not pretended that no papers were filed relating to the conduct in order that Congress obtain the information essential to the applica­ of the office, and of the officer, during the period mentioned in the Senate tion of a corrective by new legislation. Such power in great fullness resolution, but the claim is that they are not official. must of necessity exist, to be exercised under varied conditions and cir­ The President says they are withheld " because I regard the papers cumstances, and with many different purposes. and documents withheld and addressed to me or intended for my use Is this not the attitude? The President, not denying that there and action purely unofficial and private, not infrequently confidential, may be circumstances under which either the House or the Senate and having reference to the performance of a duty exclusively mine. would be entitled to such papers, to demand them and compel their I consider them in no proper sense as upon thefilesoftheDepartment, production, assumes that they are wanted for a purpose which in his but as deposited there for my convenience, remaining still completely i udgment is not within the j urisdictlon of the Senate. If for any pur­ under my control. I suppose if I d~ired to take them into my cus­ pose within the power of the Senate it can direct under any circum­ tody I might do so with entire propriety, and if I saw :fit to destroy stances the Attorney-General, or any other Cabinet officer, to transmit them no one could complain." . to the Senate papers touching the conduct of a particular office, then It is idle to refine upon it, for while it may be difficult to define the it is essential to the orderly conduct of the Government that the ex­ boundary line between papers which are to be fairly considered public ecutive officer should assume that the papers are desired for a legiti­ and those whieh are secret and private, no fair-minded man having oc­ mate purpose. Or has it come to this, that the Senate or the House casion to · pas.~ upon the question can debate upon it for one moment. demanding the production of papers, which either may rightfully de­ The President knows, any executive officer knows, when he looks at a mand for some purpose, must go with Eastern salaam to the Depart­ paper and reads it, whether it belongs upon the public file or should ment door, bound to disclose, :first to the Attorney-General or the Pres­ find it8 way into the waste-basket. Any paper of such a character, ident, the precise purpose for which the papers are desired, under pen­ especially if it contains charges considered worthy the action of the head alty of not receiving them at all? of a Department or the Executive, placed upon the files by them, must · How would it look, in response to a resolution adopted by the Sen­ be considered a. ~ublic paper. If not, what papers are public? If a ate asking that the Attorney-General or the Secretary of the Interior President chose to exercise to the extreme the powm: which is sug­ transmit to the Senate papers like these, in their very nature official, gested by the present Executive, what papers would you find on the relating to the transaction of the public business, for the President to :files? Only such as be chose to say were public and official. I submit transmit to the Senate a message of this nature: "If you desire these to the Senate, I submit to the people, that the character of the paper papers you must first indicate to me the purpose for which you desire must be determined not by the will of the Executive, but by the nature them, and if after having disclosed that purpose I think they are within of the document itself, the subject to which it relates, the action it your jurisdiction, and that the purpose to be subserved is a legitimate tends to evoke. purpose, I shall transmit them; otherwise not? '' Senators on the other side claim, however, that this is not an inves­ Would that be in effect anydifferent from this response oftheAttor­ tigating resolution. They say that it does not fairly express the purpose ney-General? Would it not be humiliating? Would it be anything which the Senate had in view in adopting it. They say to us that we less than a one-man government? Would it do anything less than are fighting under cover. The minority of the Judiciary Committee enable the President of the United States to shut out at his will the say so in their report, and they guess at the real purpose, as they de­ sunlight of investigation from all the public offices? Must the Senate, clare it, of the Senate. I have no right to speak for any Senator but must the House-because if he may require the performance of that myself, but speaking for myself, I want to say to the minority of the precedent condition of the Senate he may of the House-first advise him committee that they have guessed correctly. I have no desire so far of the purpose and submit to his judgment as to whether it is a legiti­ as I am concerned to make any false issue here, or to cloud any real mate one? issue. When I voted for that resolution I had not heard any sugges­ Theresolutioninterpretsitself,andrelatesuponitsfacetopaperswhich tion of misconduct upon the part of Duskin. I did not vote for it, I no man can deny are in their nature public. The President by a mes­ frankly say, upon the theory that we were proposing to investigate in sage, as to the. propriety of which I have nothing to say, tells us, not an ordinary way that office; l voted for it under the theory which is that there are no such papers on the files, but that there were other pa­ reprobated by Senators on the other side, that in passing upon the pers filed during that period which hecousiders private and confiden~ question as to whether we would ad vise and consent to the removal of papers. Duskin and the appointment of Burnett, we had a right under the law I shall spend little time in discussing the question in the abstract as to all the information in the Department upon that subject. I assert to what constitute private and confidential papers in distinction from now the proposition that the Senate has a 1ight to obtain of a. Cabinet public papers to which the Senate or House has the right of inspection. officer upon demand, and of the President upon request, such infor- 1886. CONGRESSIONAL RECORD-SENATE. 2489- mation to enable it to act intelligently upon the question as to whether President Cleveland thinks the law ought to be; not as the Senators on • it will advise and consent to a proposed removal. the other side think the law ought to be; not as the Senator from Ohio The Senators on the other side will not, I think, charge that the issue thought the law ought to be; but as the law is. It seems very clear so far as I am concerned is not broad enough. Is the proposition sound and plain; too plain, almost, for debate. Will Senators bear with me in law? I want no other principle of law to guide me to a conclusion in a careful reading of this law, which I find bound for easy reference in favor of the right of the Senate to the information upon that theory in the Manual of tP,e Senate? than is found in the report submitted by the minority of the com­ SEc. 1767. Every person holding any civil office to which he has been or here­ mittee and· the message which the President has seen fit to transmit. after may be appoiRted, by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold I call the attention ofthe Senate to the statementofthe law in there­ such office during the term for which he was appointed- port submitted by the minority of the Judiciary Committee. It is very guarded and very advisedly made, and is sufficiently broad and accu­ As to the language thus far read, construction has no office to perform, rate for the purposes for which I desire to use it: for language can not make plainer the intent ofthe framers- The minority admit, once for all, that any and every public document, paper, unless- or record- What? Note this, if you please- unless sooner removed- on the files of any Department, or in the possession of the President, relating to How? any subject whatever over which either House of Congress has any grant of power, jurisdiction, or control under the Constitution, is subject to the call or by and witJ~ the advice and consent of the &naie, or by the appointment, wUh the inspection of either House for use in the exercise of its constitutional powers like ad"L'ice ancl consent, of a. successor in his place, except as herein otherwise and jurisdiction. It is on this clearly-defined and well-founded constitutional provided. , · principle that, wherever any power is lodged by the Con!!titution, all incidents I believe the practice has been almost from the beginning of the Gov­ follow such power that are necessary and proper to enable the custodian of ·it to carry it into ~xecution. Whether the power is granted to Congress, or either ernment-it was so stated by Mr. Webster in 1835, and is so stated by House, or to the President, or any Department or officer of the Government, or Judge Story-that a removal from office ordinarily takes place by virtue to the President by and with the advice and consent of the Senate, the principle of the appointment of a successor, which includes the confirmation. is as fundamental as the Constitution itself that all the necessary incidents of such grants accompany the grants and belong to and can be exercised by the But this law recognizes apparently two methods of removal and pro­ custodians of such powers, jointly or severally, as they may be vested by the vides distinctly and unqualifiedly that no man appointed by and with Constitution. the advice and consent of the Senate and qualified and having entered It is on the application and enforcement of this unquestioned rule of construc­ tion that either House of Congress has the right inherent in the power itself to upon the duties of his office shall be removed in either of these ways direct the head of any Department or request the President to transmit any in­ except by and with the advice and consent oftheSenate. formation in the knowledge of either- There may be a direct proposition to remove, and that may be tendered Note that- to the Senate and it would be within the jurisdiction of the Senate to or any public or official papers or documents, or their contents, on the files or in pass upon the question if so tendered. It may be-and the one does the keeping of either, provided such papers or documents relate to subjects, mat­ not differ in esstlnce from the other-a proposition to remove by the con­ ters, or things in the consideration of which the House making the call can use such information, papers, or documents in the exercise of any right, power, ju­ firmation of a successor by and with the advice and consent of the Sen­ risdiction, or privilege granted to Congress, or either House, or to the President ate. The law contemplates either mode. I thought for a time-and by and with the advice and consent of the Senate. I am not sure yet as to what the true construction of the statute ought Here, in a lawyer-like way, and in a bold way as lawyers ought to to be-that this law is confined to offices of definite term; but I will not state their case, the minority, without shufJ:ling or technicality, place stop to discuss that. I make this proposition, and I challenge the at­ the question upon this proposition: If the Senate of the UnitedStates tention of Senators on the other side to it, that by that section it is has any jurisdiction over the subject-matter to which papers relate, or clearly and unequivocally provided that one appointed to office by and to which information in the hands of a Department officer or in the with the advice and consent of the Senate can only be removed by and hands of the President relates, then they say unqualifiedly, and it with the advice and consent of the Senate. If the words ''except as would seem to be unmistakable law, the Senate has a right to the in­ herein otherwise provided" were not in the statute, I apprehend no spection of such documents and a right to elicit such information. man would be found to dispute the accuraey and correctness of the prop­ The President, placing it upon a little different ground, recognizes the osition. same principle, and in doing this he only follows the example of Wash­ Now, what is "herein otherwise provided?" Is there anything in ington in somewhat the same language upon the same subject, and that law provided which weakens the force of section 1767? of every Executive from Washington down, thus: SEC. liGS. During any recess of the Senate the President is authorized, in his discretion- To the end that the service maybe improved, the Senate is invited to the full­ est scrutiny of the persons submitted to them for public office, in recognition of To do what? the constitutional power of that body to advise and consent to their appoint­ to suspend any civil officer appointed by and with the advice and consent of the ment. I shall continue, as I have thus far done, to furnish, at the request of the Senate, except judges of the courts of the United States, until the end of the next confirming body, all the information I possess touching the fitness of the nolll­ session of the Senate, and to designate some suitable person, subject to be re­ inees placed before them for their action, both when they are proposed to fill moved, in his discretion, by the designation of another, to perform the duties of vacancies and to take the place of suspended officials. such suspended officer in the mean time. Why? Because under the Constitution the Senate is a factor in the To my apprehension, one source of confusion in this debate is the act constituting, on the whole, the appointment of the officer; because, constant confounding in the argument on the other side of the Chamber in the language of the minority of the committee, the Senate under of the removal with the suspension. The President is authorized to the Constitution has jurisdiction over ';the subject-matter." Hence "suspend." That is a word of well-settled signification. It is not it is that as to nominations sent to the Senate, information, upon the technical. It is to receive the Qrdinary construction. It does not mean request of the Senate, is transmitted; not partial information, we are to remove. It is a le..<:.ser word than the word "remove." The power bound to assume. When the President says to us ''I invite the fullest to suspend any ci vii officer does not involve th~ power to remove him. scrutiny," that means that he will give to the Senate, necessarily and Does any lawyer dare to say that the word '' suspend,'' as used in section essentially, the benefit of all information, formal or informal, which he 1768, has the same meaning as the word '' remove,'' as u8ed in the pre­ has in his possession, whether on file or not, fairly and properly bear­ ceding section? To suspend is one thing; to remove is another. To ing upon the question as to which the Senate is to act. It does not suspend the writ of habeas corpus is one thing; to obliterate it and de­ mean that the President shall transmit to the Senate simply the papers stroy it woUld be another. To suspend an officer is not to depose him. in his custody or on the files in favor of the nominee. It does not It is to interrupt his function. It is to cause his function to cease for mean that he shall make a partial presentation of the facts. It does a time. It is in its essence and in its nature temporary and not perma­ not mean that the information shall be garbled. It means that in a nent. The word '' suspend,'' if that were alone used in the section, full, fair way he shall give to the co-ordinate branch acting with him would be sufficient to convey the full intent of the law; but in every under the Constitution, in a jurisdiction which is conceded, all the line of the section Congress manifested an intent to make it clear, too information which he possesses essential to intelligent action upon the clear for mistake, that the power given to the President was· only the subject. power to suspend an officer, leaving to the Senate unemasculated in Now, sir, if it be true that the Senate of the United States exercises any wise the power given by section 1767 to participate in the matter under the law the same function precisely in the matter of removals of removal. Let us proceed with an analysis of this section: from office that it does as to the matter of appointments, then, upon Sxc. l768. During any recess of the Senate the President is authorized, in his the argument of Senators, upon the. concession of the minority of the discretion, to suspend any civil officer appointed by and wit.h the advice and committee, upon the statement of the President, upon the law as it al­ consent of the Senate- ways has been, the Senate has a right, and it is not to be charged with He can not even suspend except in a qualified way. The power of partisanship for insisting upon that right, to ask that the information suspension even, here given, is limited by this language- shall be transmitted to it to enable it intelligently to act upon the ques­ tion before it. until the end of the next session of the Senate- This. brings me to a brief consideration of the legal question as to Does that look like the power of removal ?- whetherthe Senate has any part or function to perform with the Presi­ and to designate- dent in the matter of removals from office, and I invite the attention of Not to appoint. If any officer of the United States is appointed-that the Senate to that subject. I wish to consider it under the law, not is, nominated by the President and confirmed by the Senate-his ap­ as Mr. ?!Iadison thought the law ought to be; not as his excellency pointment is evidenced by a commission. This provides for no com- CONG.RESSION~li REOQRD1-SEWAj!E . MARcH 18,

• llllSSlOn. Itis:n mere designation-nothingmore, nothing less-ofsome speeches, but.-I recall to the memory of Benatonr the .fa.ct that- Lyman sni.table·persorr subject-to be removed in his diseretion.- Trumbull in 1869, then, I think, cha;irman..of the Judiciary: Commit­ b'yi.he designation of another to perform the duties of such .suspended officer tee, a great lawyer, now a greatDemocrat-in:explainingto the.Senate in tho mean time. the effect of the act as reported by-the. conference- committee, unequiv­ That is during the suspension; until the end ofthe next session of thft.: ocally-stated that under the law the suspended offi.cer wonld..go back. Senate, u;uess in the mean time by the action of the Senate· the office l'!fr. Morton, who has:been so many, many times quoted by the Sena­ has been..filled by a new man. That is not all- tors on. the other- side, said the same thing. There was no misunder­ And the person so designated shall take the oath and give the bond required ' st:mding_-uponitin that debate. There is-no room for question about bylaw to be tnken and given by the suspended officer, and shall during the it, looking at the debate. Some said, as the distingn.ish.eti.Senatorfrom time he performs the duties of such officer- Illinois, then.a member of the House, said, that it was practiCally are­ That is, of the suspended officer not now habilitated-with the power moval. Why? Manifestly-only because the-persondidnotr.emain.in and functions of·his office, but still an a.fficer in the eye of the law; with the office if the President &'l>W fit to exercise-again the power of sus­ his functions simply suspended- pension. and shall during the time he performs the duties of such officer, be entitled to The Supreme Court of the United States, if I can understand a legal the salacy and emoluments of the office, no part of which shall belong to the officer suspended. decision, has expressly decided under this very act that-the suspended officer, if before the end of the session he is not removed in: one of the Wby provide here with such care that no part of this salary should two ways indicated, either. ·of which requires the advice and consent of belong to the officer suspendedjf our friends on the other side are right the Senate, goes back:to his a.ffice. The Senator from Iowa [Mr. WIL­ in &.en be-permitted to appealfrom my friend from West Virginia to the. Su­ durin~ the recess of the Senate- preme Conrt of the United States, upon. this question? The language of the Constitution, !:believe- "When.Emhry wns appointed, the President-ha-d the power to suspend him fo1· by renson of· dea:th or resi~tion or expimtion. of term o~ office, by granting cause. commissionswh10hshallexprre at the endoftherrnext sessiOn thereafter. And. if no appointment, by and with the advice and consent of the Senate, is made to That was before the act of 1869 had.been...passed giving him power to an office so vacant or temporarily filled during such next session of the Senate, suspend at hie discretion. the office shall remain in abeyance, without any salary, fees, or emoluments at­ The bnvalso provided.that if. suspended he should draw no salary so longns tached thereto until it is filled by appointment thereto, by and with the advice another person was performing his duties. 'While he was in office, further power and consent of' the Senate; and during such time-all the_ powers and duties be­ of suspension was given the President, with a like provision as to pay. He was longing to such office shall ~e ~:x:ercised by such ot~er officer as may by law ex­ suspended~ The Senate did.not see .fit to advise or consent to the appointment ercise such powers and duties m case of a vacaney m such office. of another person in his place, and consequently, on July 15,1870, when the next. Expressio tmius est exclusio alterius. session:of the-Benate.ended,he became entitled to enter again, on. th.e perfortnBnce Now, ?t!r: P.residentitseems-and theargumentmightbe elaborated of th~ duties which pertained to his office. almost wi.thout.limit-imiJossible·for any lawyer. to. sincerely argue that That-is not all. The court farther say.: unde1· this statute a man suspended.ftom office is-removed .from office. This he did on the 27th of July, but not before. Hispt·esent claim .rests not on any contract with..the Government, either express or implied, but upon the act A..crncial test, however, of that question is this: Suppose a man to be of Congress which provides for hisoolary. We so heldm United States-11s. 1\Ic­ s~ended ftom..o-f?.ce until the end of the ne~t s~on of the Se~ate Lean, 95 United States, 750. To adjudge in his favor ~uld be to lllllke a new a.nd.i.some one des1gnated·to perform the functions m the mean time, law, not to enforce an old one. Allhoughlt.e tuas lawfuUy in o.J]iu- and~ the Senate does not see fit by it.s advice and consent to allow that That is, during the suspension- sus:gen.sion. to ripen into a.removal. What then? Does the suspended he was not entitled to pay or emolument while not performing its duties, be­ offiCer go back-into the office? If' he doe.s, of course it follows to the cause of his-suspension. apprehension. of any one that he was only suspended: not removed. It is·true his lawful suspension ended:on the 15th of July, but he did not I'C­ sume possession tmtil ten days afterward. In the mean time the ~erson desig­ Can... there be any questioh about it under the law? nated for that- purpose performed his duties. Under these

1886~ CONGRESSIONAL. RKCQrut-BENATE. 2491

r remove such. an officer except by arul with.the advic.e : and.con.s.eut of feat any-in_vestigation ofpublicr s:euants. I, of oourse, do not intimate­ the Senate. If I am right about that, what becomes of this· case? ,that thapresent Ex:eeutive·would so use thatpowerif iilexis~d. It Senators on the other side admit, because they are compelled by-the is no part of my purpose to question his good faith. I: am..not called Constitution to admit, that the Senate. is. a factor in the appointment; upoato do· that, and I do. not do it. . that the Senate acts with thD President by its. advice and consent in Let me remind. Senatom on. thD other side; as bearing upon the ques­ con.firming; and because of our jurisdiction over that subject the minor- tion of the power of the· President to make papers private or public, ity committee says, the President says, and everybody says that we are as he chooses; and to remove· or. destroy at will, provided only he has entitled to have transmitted not only the. pap.ers upon_the. :files of the a{lted upomthemJnsuspending officers; alittlequotationfromMr. Madi­ Department touching upon the question...efficientto enable us to discha;rge son, whiclr they so often.make in demonstrating the unconstitutionality inanintelligentway thatdutyofadrice and consent,_butbeyond~t of this act; Mr. Madison said•in the debate of1789, as to the:power the papers in the custody of the Department ofliceror, m the possession of.J:emoval: of the President. Perhaps_ the great danger, as has been obsenred, of abuse in the executive- •t b tr that h t'"" er prec!~~1y "8- to removal power lies in the improper continuance of bad men in office. But the power we If 1 e ue we ave ue same p 0 w = .. . contendforwillnotenablehimtodothis; forifanunworthymanbecontinued that we have as to confirmation, how can thD President of. the United• in office by an unworthy President, the House af Representatives can at any States treat aa public, papers and documents r.elating. to.the nomina- time impeach. him and the Senate can remove him, whether the President tion, and as private and personal property the same papers and docu- chT~~~~:e~~henconsistsmerelyinthis: ThePresident ca.ndisplncefromo.ffice ments, and letters and_information relating to the removal? Ther.eis a-man whosemeritsrequire~hatheshouldbecontinuedin it. What will be the not such great.magic in departmental files, nor is there so great magic motives which the President can feelf01: such abuse of Jllit.powe:r; .a.nd the.re- . th f ds to bl 1a to k that distinction strnints that operate to prevent it? In the first place, be will be impea-chable by m e 'USe 0 wor as ena e any wyer ma e ' this House, before the Senate, for such an act of maladministration; for I con- and to be able to say to us, '' You are entitled to all these papers and tend that the wanton removal of meritorious officers. would subject him to im· information as a part of the appo~ting power, to enable you to act in- peachment-and removal ftom his own high trust. telligently; you are equally-a part of the removing power, but you . Will you be kind enough to tell me how the House of Representa­ are not entitled to have the papers and information of the same. char- tives cauld impeach a President· for a wanfun exercise of the power> ot acte.r to enable you to discharge that function.'' removal, if it existed, a wanton exercise or refusal to exercise the power Under the L'\wofl867thepowerofsuspension was not discretionary. to remove; if it be the right of the President; at hi& will, any-moment The causes upon which it might be exercised were defined, and the when he chooses to do it, to turn all the files of the office, except papers President was required to communicate to the Senate within twenty official in form, upon which he had acted in exercising· a power exclu~ days after th.e first day of its next meeting the fact ofsuspension, with sively in him, into private and confidential papers, and to thereby th.e evidence an.d reasons for his actioain the case, and the Senate place them beyond reach ofl committees of either House or· Congress? acted upon the matter. of suspension simply, consenting or-refusing to Exercise the power of impeachment and give the President th&power consent, as it might see fit. No name was sent, under that act, to the. at his will to destroy all evidence upon which alone that power could Senate for confirmation until the question of suspension had been be exercised! It is idle; itean not be maintaineci for a- moment. passed upon and the removal thereby effected. Look at it in another view. To-day the circumstances- are excep I know ofnoone-whoJ>retends.to claim..th.atsuch is the present state tiona!; to-day there is a Democratic ad.m:inistration, only a· year of· of the law upon th.e subject. Speaking for myself, Ifreely concede that whose existence-has passed, with a vast-Immberof Republicans in office. the Eresident is vested with the discretionary power of suspension. It happens, therefore, that in every case in which the President sus­ What limit there is, if any, outside of the letter of the law· to the ex- pen.ds, he suspends a Republican official for-the purpose of putting in ereise of that power I do not care here to discuss. a Democratic official. This fact, with the added fact that the majority r concede that it is not within the province of the Senate, under the in this body is" Republican, enables Democratic Senators to say that in law as it stands, to request or demand of the Executive that he commu- reo-isting the claim of the President, however high our motive, we are nicate to the Senate the. reas.ona for the exercise of this discretionary fighting to keep Republicans in office. Butremembe~we-arenot mak­ power. But when thePresidenttendemfu the Senate, bythenomina- ing-a-precedentwhich is to lastonlyuntil all' Republican office--holders tion of oneto.take the place of a suspended officer, aproposal that the are deposed, we are not stating a question fol' to-day alone. Here is suspension.. shall by the action of the Senate become. a removal, the an issue made·between the Senate of1 the United States and tlie Presi­ Senate is entitled, upon request, to the benefit of the same measure of dent of the United States, and it is- not of our making either, solemnly information, to enable it to act intelligently upon the question of re- framed, conspicuous-in its nature, which will outlive us. moval, that it-is to. enable. ib to ad intelligently upon the question. of Let us suppose, to show· the result of this-claim ofthe-President, confirming.a nomination. The fact that the President was guided in if allowed, that time has gone on, tliat Republican officials by the-ex­ exercising the: power of suspension by the.same papers and information. piration of their terms and removals and death have been displaced, would notrmake th.e papers; documents, and information any less essen- and the offices are filled with Democrats. Suppose out in. Wisconsin tial. to intelligent action upoathe-parto.f.thD-Senate, an(icerlainly can John Smith. writes a; letter to the Postmaste1:General or-to the Presi­ notrjustly be. urgeWhite House cellar, ifb.e chooses, to be carted off to Buffalo if he citizens in form of letters or affidavits, then it is in his power to keep pleases, because, forsooth, he acted upon them in exercising his power the-people in ignorance of carrnption by treating the papers as private of suspension? and confidential because sent to him to guide him in exercising the I take it you will hardly find a paper on the files of the Department power of suspension, which is his alone, and in that way he could pro touching the conduct of a mansuspended from his-offic&that would not teet his administration against the indignation of the people by: keep somewhataffectand bear upon thequestionofhissuspension, and which ing them in consta.nt and utter ignorance of the truth. would not likewise enable the Senate to judge rightly of its duty in the , No, no, that can not be the law. I· submit fu the-Senate, I: submit matter ofremoval; and if the mere fac-t that the President acts upon the to the people, it never could have been in tend'ed that. the business of a papers, makes them sacred and his own, shuts out the sunlight from a 1 public trust should be private. It never was- intended tha-t- the doc­ public office, prevents the Senate from. discharging a duty devolved u pon• . trine '' public office is a public trust '' should' apply everywhere buil to. it- by law, then it rests in the power of any Execu.tive to lock the door the-EXecutive. rt never could have been intended that the trustee of upon the House of Representatives and upon the Senate, too, and to de- an express-trust could, at hi& will, make private-and his own property 2492 CONGRESSIONAL RECORD-SENATE. MARcH 18,

evidence of his transactions in the trust and keep out from the cestui ground in harmony with the safety of the people or the principles of - que trust all knowledge; and yet that is what this doctrine now as­ good government. · serted amounts to. Moreover I deny that the tenure-of-office act is unconstitutional. I What answer is made to the argument based upon the tenure-of-of­ will not ta,ke much of the time of the Senate to discuss that question, fice act? We are told by the President of the United States that the but I desire, as it is the burden of the argument on the other side, to tenure-of-office act is in a condition of ''innocuous desuetude.'' Those refer to it briefly. words have become famous. The mention of them provokes a smile, The question as to where is lodged, under the Constitution, the power but, upon my so~, there is in them, in that connection, nothing for me of removal from office is not a new one. It was debated early in the life to smile at. This is a government oflaw. The law is around us all. of the Government. Three contentions-my friend from l\bryland said No man is too great to be subject to it; no man is too low to be pro­ "two"-have been maintained regarding it, each having able and dis­ tected by it. I am sorry the President of the United States ever used tinguished men for its adherents. those words. It is a dangerous. time when the chief executive officer Mr. WILsoN, of Maryland, rose. of a great nation, with an oath registered in Heaven ''to take care that The PRESIDENT pro tempore. Does the Senator from Wisconsin the laws be faithfully executed," proclaims in a message to the Senate yield to the Senator from Maryland? and to the people that a statute has fallen into harmless disuse. All Mr. SPOONER. Certainly. I always yield with great pleasure. over the United States to-day we hear mutterings of discontent. Some Mr. WILSON, of Maryland. I did not say there were only two con­ grave and thoughtful men turn blanched faces to the future. In more tentions. I said there had been three views which had been theoreti­ States than one large combinations of men have stopped the wheels of cally entertained originally, but they finally settled down practical_ly commerce. Long lines of railway have fallen into harmful disuse. If totw~ • ever there was a time when all good citizens should inculcate respect for Mr. SPOONER. I beg the Senator's pardon. I did not intend, of the law it is now. Tell me, if you please, how the people of the United course, to misstate him. I rememb~ed only that portion of his speech States can be expected to yield cheerful and ready obedience to laws, in which he said, I think, that there were two and only two, and stated some of which bear harshly upon them, it may be, when the first citizen what they were, as I understood him. of the Republic, himself charged with their execution above all other One class argue that the power of removal from office is an executive men, says to the world that a statute can harmlessly fall into disuse? power, that the Constitution vests the executive power in the Presi­ But the fidelity of the present Executive to law is not to be fairly dent, that this power is unrestricted, with the single except.ion of the . judged by this standard. His conduct is better than his philosophy. Senate's right to advise and consent to nominations and to act upon As the Senator from Vermont said the other day, he has constantly treaties, and that the exception is to be strictly construed, and his ex­ executed this law. He not only sends us messages day after day sus­ ecutive power therefore is unlimited in the matter of removals. This pending under its provisions, but without it he could not suspend an class also fortify the position by the clause which requires the Presi· officer at all. dent ''to take care that the laws be faithfully executed,'' insisting that The Sena.tor from West Virginia, whom I am glad to call my friend, he can not discharge that function unless be bas power to discharge gave utterance to a fit companion piece for this doctrine of ''innocuous instanter unfaithful, and to appoint in their places, faithful officers. desuetude' ' when he talked the other day about the '' practical repeal '' This ground was maintained by Mr. Madison in the great debate which of the statute. It was a strange sentence to come from a lawyer; and took place in 1789 on the bill to create the Department of Foreign Af­ although he read it from a great author, I deny the possibility of it to fairs, now the Department of State, and it is only a fair tribute to the a lawyer. A statute is repealed or it is not repealed. There is no mid­ ability of M:r. Madison to say that in all the argument made in behalf dle ground. If it is repealed it is gone, it is dead; it is, except as to of that contention since, no man has been able to add to that which vested rights, as if it never had existed. If it is unrepealed it is alive, he submitted. it is virile; and to say that it is "practically" repealed is to impeach Another contention has been that the power of removal is incident to whoever is charged with its execution. the power of appointment; that under the Constitution and by the prac­ Mr. President, what else is said in order to break the effect and force tice of the Government one -is removed only by the appointment and of this statute? Senators on the other side read at length from your confirmation of a successor; that as the Senate is a part of the appoi»t­ speech in 1869 to show that the act was, in your opinion, an impracti­ ing power, it follows inevitably that no man appointed by and with the cable act and that it ought not to have been enacted. They read also advice and consent of the Senate can be removed except by and with from the speech of Mr. Morton and others. To what end? ;Is the ques­ the advice and consent of the Senate. tion pending now before the Senate whether we shall repeal the stat­ The third contention is that the Constitution is silent as to the power ute or not? No, sir; the question is whether we shall obey it or not. of J;emova.l; that it does not confer it expressly upon the President, or When the time comes to aet upon its repeal I may not be far from my upon any other department of the Government; that it is not an execn ti ve friend from West Virginia, but I am sworn now, as the President is, function, and that the framers of tha Constitution intentionally left and as we all are, to obey it. The Senate to whom you argued that that instrument silent upon the subject in order to leave to Congress the the law would be impracticable in execution and ought not to be passed power to regulate by law the subject of removals from office. I shall did not agree with you. It passed and is the law, and, as ~he Senator not attempt abstract discussion upon the subject. from Massachusetts [Mr. HoAR] suggests, and says truly, .when you For a long time the practical exposition put upon the Constitution in were Secretary of the Treasury you obeyed it. 1789, by a vote of 34 to 20 in the House, and the casting vote of the Now, that is not all. Senators on the opposite side of the Chamber Vice-President in the Senate, was considered t.o have settled the con­ take time to show that Senators on this side are inconsistent. What of struction in favor of the unlimited power of removal by the President it? I deny that it has been shown; but suppose it were true, that is in the absence of statutory regulation. But strong arguments were re· not the question at issue between the President and the Senate. peatedly made against it, and it has always been considered that the Another thing these Senators say, and the President s;tys it in his mes­ fact that George Washington was the then President had much to do sage, applying it even to papers confessedly official, is that the Senate, with the adoption of that construction. The diary of the debate kept notwithstanding this act, has nothing whatever to do with the question by 111r. Maclay, a Senator from Pennsylvania, read to the Senn.te on the of removal. He says the constitutionalitY. of this act is not admitted. discussion of the tenure-of-office a-ct in 1869 by Mr. EDMUNDS, clearly He asserts, and Senators assert, going back to 1789, that under the shows that the question was debated with great spirit on both sides, Constitution of the United States the President alone, untrammeled and that caucusing and appeals in behalf of the President had much to and unrestricted, has the power of removal from office. That is an­ do with the result-a tie in the Senate as it was. other strange proposition to come from an executive officer. Pending the adoption of the Constitution its enemies asserted as an I think Senators on the other side say of us that in our position we argument against it that it gave the President the power of removal, are trenching upon the border line which the Constitution draws be­ while its friends, including Mr. Hamilton and M:r. Madison, defended tween the different departments. Yon say we are usurping the function, it by placing uponits provisions a different construction . . In 178D Mr. the constitutional prerogative of the Execntive, and in the same breath Madison had changed his mind. It is not recorded that Mr. Hamil ton that yon berate us for usurping the constitutional prerogative of the ever changed his. Executive, the Executive, with your support, usurps the constitutional The power was not exercised to any extent unti11826, and in the prerogative of the judiciary. Who gave the President of the United light of our times it was not exercised then. States or Senators on this floor the power to declare the tenure-of-office In 1835 1\Ir. Clay and Mr. Calhoun and Mr. Webster attacketl the act unconstitutional? The Constitution created a tribunal for the pur­ construction as to power of removal, and denied absolutely, not all on pose of settling such questions. It is the rule that even the highest the same ground, however, the binding effeet of the practical exposition courts will not hold an act unconstitutional unless its unconstitution­ made by the act of 1789. ality be clear. The courts even resolve every doubt in favor of the In 1818 Mr. Wirt, then Attorney-General, gave the first official opin­ law. It needs no argument to show that no executive officer can sys­ ion upon the subject coming from that office, that where Congress had tematically disobey a statute upon the ground that in his opinion it is not undertaken to restrict the tenure of office by the act creating the unconstitutional. It wonld be only one step from that to disobeying office, a commission would issue to run during the pleasure of the Pres­ a statute because he deemed it to be inexpedient. No, 1\Ir. President, ident, but if the tenure of the office was :fixed by law, then the com­ it is a law upon the statute-book. Wemn..'* obey it, and the President mission must conform to the law. must obey it until the Supreme Court has decided it to be unconsti­ In 1826 a committee of the Senate, consisting of Mr. Benton, of Mis­ tutional or until it shall have been repealed. There is nQ middle ·souri; Mr. Macon, of North Carolina; Mr. Van Buren, of New York; 1886. CONGRESSIONAL RECORD-SENATE. 2493

:Mr. Dickerson, of New Jersey; Mr. Johnson42f Kentucky; 1\fr. White, President and Senate, I think the power of removal went along with it, and should have been regarded as part of it and exercised by the same bands. I of Tennessee; Mr. Holmes, of Maine; Mr. Hayne, of South Carolina, think the Legislature possesses the power of regulating the condition, duration, and Mr. Findlay, of Pennsylvania, was appointed to take inoo consid­ qualification, and tenure of office in all cases where the Constitution has made eration the question of restraining the power of the President over re­ no express provision on the subject. I am, therefore, of opinion that it is com­ petent for Congress to decide by law, as one qualification ot the tenure of office, movals from office, and a report was made, in which they said among that the incumbent shall remain in place till the President shall remove him for other things, "not being able to reform the Constitution as to the elec­ reasons to be stated in the Senate. tion of a President we must go to work upon his powers, and trim down these by statutory enactments, wherever it can be done bylaw," Ron. Thomas Ewing, of Ohio, one of the ablest lawyers of the coml.­ and for this purpose reported six. bills, one to regulate the publication try, spoke at length upon the question of removals, maintaining that of the laws and public advertisements, another to secure in office faith­ the Constitution does not confer on the President alone the power of ful collectors and disbursers of the revenues, the first section of which removal; that it is a mattet of legislative provision, subject to be vested, if is vacated the commission of all officers, after a given date, charged with modified, changed, or taken away at their will, and it not regu­ the collection and disbursement of the public moneys, who had failed lated at all by law it rests in the President, in conjunction with the to account for such moneys on or before the 30th day of Deeember pre­ Senate, as part of the appointing power. · ceding; and the second section enacted that at the same time a nomi­ Mr. Justice Srory says, volume 2, section 1357, Srory on the Consti­ nation is made to fill a vacancy occasioned by the exercise of the Presi­ tution: It is observable that t e Constitution makes no mention of any power of re­ ident's power to remove from office the fact of the removal shall be moval by the Executive of any officers whatsoever• .As, however, the tenure stated to the Senate, with a report of the reasons for which such officers of officeof.noofficersexcept those in a judicial department is by the Constitution may have been removed. Also a bill to regulate the appointment of provided to be during good behavior, it follows by irresistible inference that all others must hold their offices during pleasure, unless Congress shall have given postmasters and a bill to prevent military and naval officers from being some other duration to their office. dismissed the service at the pleasure of the President, by inserting a As far as Congress constitutionally possesses the power to regulate and dele­ clause in the commission of such officers that "it is to continue in force gate the appointment of iuferior offices, so far they may prescribe the term of office, the manner in which and the person by whom the removal, as well~ the during good behavior," and "that no officer shall ever hereafter be appointment to office, shall be made. * * * The language of the Constitution dismissed the service except in pursuance of the sentence of a court­ is: That the President shall nominate and, by and with the advice and consent martial or upon address to the President from the two Houses of Con­ of the Senate, appoint, &c. The power to nominate does not naturally or neces­ sarily include the power to remove, and if the power to appoint does include it, gress.'' t.ben the latter belongs conjointly to the Executive and the Senate. In short, In 1830 Mr. Holmes introduced and discussed in the Senate a series under such circumstances the removal takes place in virtue of the new appoint­ of resolutions which contained, among ot.her things, an assertion of the ment by mere operation of law. It results, and is not separable, from the ap- pointment itself. · right of the Senate to inquire, and the duty of the President to inform During the administration of President Washington few removals were made, them, :when and for what cause any officer has been removed in the and none without cause. Few were made in that of the first President, Adams. recess. In that of President Je.fferson the circle was greatly enlarged, but yet it was kept within narrow bounds, and with an express disclaimer of the right to re­ In 1835 Mr. Calhoun, Mr. Southard, Mr. Bibb, 1\Ir. Webster, and move for differences of opinion, or otherwise than for some clear public good. Mr. King, of Georgia, were elected a committee to consider the subject In the administrations of the subsequent Presidents, Madison, .Monroe, and J. of executive patronage, and the means of limiting it. That commit­ Q. Adams, a general moderation and forbearance were exercised, with the ap­ tee, with but one dissenting voice, reported a bill, which provided in probation of the country, and without disturbing the harmony of the system. its third section- Mark this- 'rhat in all nominations made by the President to the Senate to fill vacancies But at all events it will be a consolation to those 'who love the Union and occasioned by removal from office the fact of the removal shall be stated to the honor a devotion to the patriotic discharge of duty, that in regard to inferior Senate at the same time that the nomination is made, with a. statement of the offices {which appellation probably includes ninety-nine out of a hundred of the reasons for such removal. lucrative offices in the Government) the remedy for any permanent abuse is still within the power of Congress by the simple expedient of requiring the This is the precise section reported by Mr. Benton in 1826, and passsd consent of the Senate to removals in such cases. to a second reading in the Senate. After much discussion the bill This power was frequently asserted prior to 1867. On the 15th of May, passed the Senate--31 yeas, 16 nays. 1820, Congress provided (volume 3, Statutes at Large, page 582) for the Thus it will appear that the practical exposition of 1789 was from term of offices of certain officers therein named to be four years, but time to time repudiated by some of the ablest men the legislation of made them,removable at pleasure. By the second section of the same this country has ever known. act Congress removed from office all the opicers therein commissioned, Jr!r. Clay said, in 1835, in the debate: in providing a date when each commission should expire. It is legislative authority; it creates the office, defines its duties and may pre­ By the act of July 17, 1862, Congress provided (voulme 12, Statutes scribe its duration. I speak, of course, of the offices not created by ~he Constitu­ tion. at Large, page 596)- • That the President of the United States be, and he is hereby, authorized and It would be well for our Democratic friends to bear in mind this dis­ requestedtodismissanddischargefrom themilitaryservice, either in the Army, tinction and to devote their argument a little more to the inferior offi­ Navy, Marine Corps, or volunteer force in the United States service, any officer for any cause which in his judgment either renders such officer unsuitable for, cers which are left expressly to the jurisdiction of Congress; and the or whose dismissal would promote, the public service. Senator from Vermont [Mr. EDMUNDS] calls my attention to the fact, which I had not known, that the Supreme Court of the United States The commissions of such officers ran during the pleasure of the Pres- _ at this very term has decided that Congress may regulate the term of ident, and yet Congress passed this act .of authority, which it would the inferior officers and that the executive officers can not turn them not have done except as a· legislative construction of the Constitution out, which ought to be considered satisfa{ltory authority in support of that he did not possess the authority without the enactment. the tenure-of-office act, at least so far as it applies to offices not men­ Congress, February 12, 1863 (12 Statutes at Large, 665), passed the tioned in the Constitution. I continue the quotation from Mr. Clay: act providing for the office of Comptroller of the Currency, which author­ ized the President, on the nomination of the Secretary of the Treasury, I speak, of course, of !he offices not created by the Constitution, but the law, the office coming into existence by the will of Congress, the same will may pro­ l>y and with the advice and consent of the Senate, to appoint that officer, vide how and in what manner the office and officer shall cease to exist. It may and declared that he should bold his office for the term of five years, un­ direct the conditions on which he shall hold the office, and when and how be leSs sooner removed by t.he President, by and with the advice and con­ shall be dismissed. Suppose the Constitution bad omitted to prescribe the tenure of the judicial oath, could not Con!P'ess do it'! But the Constitution bas sent of the Senate. By the act of J nne 3, 1864, there was added that he not fixed the tenure of any subordinate offices, and therefore Congress may sup­ shall be removed upon reasons to be communicated to the Senate. ply the omission. It would be unreasonable to contend that although Congress By the act of July 13, 1866, Congress enacted: in pursuance of the public good brings the offices and the officer into being and assigns their purposes, yet the President bas a control over the officer which That no officer in the military or naval service shall in tim<.> of peace be dis­ Congress can not reach and regulate. :~S:u:l ~~~~~~::~~ce except upon and ip pursuance of the sentence of a court- The precedent of 1789 was established in the House of Representatives against the opmion of a large and able minority, and in the Senate by the casting vote By the the law passed in 1873 (section 343 Revised Statutes) Con­ of the Vice-President, John Adams. It is impossible to read the debate which it occasioned without being impressed with the conviction that the just confidence gress authorized the appointment of the Direcror of the :1\'Iin.t, and pro­ reposed in the Father of his Country, then lilt the head of the Government, had vided that he may be removed by the President upon reasons to be com­ great if not decisive influence in establishing it. I t hink consequently that the municated to the Senate, and President Cleveland-against whom I have decision of1789, which implied a power of removal separate from the appoint­ ing power, ;waserroneo,us, but I think the decision of 1789 bas been established no improper word to say-has removed the Director of the Mint and sent and recoglllZed by subsequent law as the settled construction of the Constitu­ to the Senate, as in law bound to do, a message communicating his rea­ tion, and that it is our duty to act upon the case accordingly for the present sons for that removal. without admitting that Congress may not, if necessity shall require, reverse th~ decision of 1789. Now, Mr. President, it is kindly suggested tome--andiavailmyself Mr. Clay concluded: of it, as I was ill when I commenced to talk and have been growing no better very rapidly-that I may !>toP here and conclude what little I I think the Legislature possesses the power of regulating the condition, dura,. tion, qualification, and tenure of office in all cases where the Constitution has have to say to-morrow. made no express provision upon the subject. 1\fr. EDMUNDS. I move that the Senate proceed to the considera­ Daniel Webster, who used to be considered pretty good authority on tion of executive business. the Constitution, says: . The motion was agreed to; and the Senate proceeded to the consider­ "* ation of executive business. After twenty-two minutes spent in exec­ I think then, sir, that the power of appointmen~ naturally and necessarily in eludes tt;te po~er of removal, where no limitat.ion is expressed, nor any tenure utive session the doors were reopened, and (at 5o' clock and 30 minutes but that at will declared. The power of appomtment being conferred on the p. m.) the Senate adjourned. · 2494 CONGRESSIONAL REOORD-HOUSE. MARcH 18,

NOMINATIONS. COLLECTORS OF INTERNAL REVENUE. • &ecutive nominatioM received this 18tl' day of March,_ 1886. Andrew Welch, of Dlino~, to be collector of internal revenue for the second district of Illinois. UNITED STATES CONSUL Cornelius Voorhis, of !fissouri, to be collector of internal revenue H~ C. Crouch, of Kingston, N. Y. ,_to be consul of the United States for the fourth district of Missouri. · at Mifan, to fill a vancancy. POSD.IA.STERS. FOR .APPOINTMENT BY TRANSFER IN UNITED STATES ARMY. M. 0. Bowdoin, to be postmaster at Griffin, Spalding County, Georgia. Second Lieut. Selah R. H. Tompkins, of the Seventh Infantry, to be Thomas J. Hudson, to be postmaster at Winterset, :Madison County,­ second lieutenant Seventh Cavalry, March 12, 1886, with rank in the Iowa. cavalry of the service from August 28, 1885. Thomas J. Frnnisco, to be postmaster at Cuyn.hoga Falls, Summit Second Lieut. Lorenzo P. Davisont of the Seventh Cavalry, to be County, Ohio. second lieutenant Eleventh Infantry) :March 12, 1886, with rank in the Frank A. Dessert, to be postmaster at :Macon City, Macon County, infantry arm from August 28, 1885. Missouri. Ebenezer Barber, to be postmaster at Marseilles, La Salle County, POSTMASTERS. illinois. J. E. Putmant, to be postmaster at Willow, Cofusa County, Califor­ Edward R. Pemberthy, to be postmaster at Houghton, Houghton nia, "iee William Johnson, commission expired. County, !fichigan. William Kirkwood~ to be postmaster at Sullivan, Moultrie County, William H. Woodall, to be postmaster at Huntsville, Walker County, Dlinois, "ice Aaron !ffiey, commission expired. Texas. R. A. Perkins, to be postmaster at Canton, Fulton County, Dlinois, Andrew J. Shakespeare, to be :postmaster at Kalamazoo, Kalamazoo vice Clarence E. Snively, to be removed. County, Michigan. JohJl C. Strader, to be postmaster at Geneva, Kane County, Illinois, John H. Bewley, to be postmaster at Smyrna., Kent County, Dela­ vice Benjamin Burton, commission expired. ware. Samuel H. Buck, to be postmaster at New Orleans, parish of O.rleans1 Samuel S. Kemp, to be postmaster at Maywood, Cook County, Dli­ Louisiana, 'PJiee Washington B. Merchant, resigned. nois. George P. McKenney, to be postmaster at Saco, York County, :Maine, John S. Finley, to be postmaster at Holly Springs, Marshall County, vice Samuel F. Chase, whose commission expires March_22, 1886. !fississippi. Jeremiah C. Byrnes, to be postmaster at Ware, Hampshire County, Joseph F. Snyder, to be postmaster at La Grange, La Grange County, Massachusetts, 11ice John W. Cummings, whose commission expires Indiana_ March 22, 1886. Wilbur F. Goddard, to be postmaster at Lena, Stephenson County, James C. Holmes, to be postmaster at Saint Charles, Saint Charles Illinois. County, Missouri, 11ice George R. Buckner, resigned. Cary T. Pope, to be postmaster at Irillsborongh, IDghland County,. JohnS. Preston, to be postmaster at Shelbina, Shelby County, Mis­ Ohio. souri, 11iee JohnS. Chandler, to be removed. Albert H. Seeley, to be postmaster at Rushville, Schuyl~ County, Frederick J. Klein, to be postmaster at Bryan, Williams County, illinois. Ohio, vice Robert D. Dole, commission expired. C. S. Brady, to be postmaster at Newark, Licking County, Ohio. T. C. Oltorf, to be postmaster at Mnrlin, Falls County, Texas, vice Waters B. Miller, to be postmaster at Cape :May, Cape May County, William Killebrew, whose comm.ission expires March 29, 1886. New Jersey. W. H. H. Mcllyar, to be postmaster at Cambridge, Guernsey County, Ohio. CONFIRMATIONS. John S. Rogers, to be postmnster at Beloit, Mitchell County, Kansas. Executive Mmincctians confirmed by tlw Senate, March 12, 1886. Samuel L. P. Stone, to be postmaster at Urbana, Champaign County, Ohio. MAJOR-GENERAL. Frank Kneedler, to be postmaster at Phillipsburgh, Warren County, Brig. Gen. Alfred H. Terry, to be major-general, March 3, 1886. New Jersey. Thomas W. Poindexter, to be postmaster at Dillon, Beaver Head SECRETARY OF LEGATIOY' AND CONSUL-GElTERAL. County, Montana._ V. 0. King, of Texas, to be secretary of the legation and consul-gen­ Gustavus Schuasse, to be postmaster at Rapid City, Pennington eral of the United States at Bogota. County, Dakota. JUSTICE OF THE PEACE. A. T. Bitters, to be postmaster at Rochester, Fulton County, Indiana. James H. Richardson, to be postmaster at~Quincy, Adams County, n~ Joseph W. Davis, of the District of Columbia, to be a justice of the . linois. peace for the District of Columbia, to reside in Georgetown, D. C., vice James Benton, to be postmaster at Colfax., Whitman County, Terri­ Jenkin Thomas, deceased. tory of Washington. CONSUL. Dudley S. Nye, to be postmaster at Marietta, Washington County, ·John Woessner, of Texas, now vice-consul at Saltillo, to be consul Ohio. . of the United States at that place. John McAusland, to be postmaster at J,1ills City, Custer County, Ter­ PENSION AGENT. ritory of Montana. John D. Anderson, at Augusta, Me. James P. Lowell, to be postmaster at Waynesborough, Franklin County, Pennsylvania. llH>IAN AGENT. Willis L. Grimes, to be postmaster at Batavia, Kane County, Dliuoi John W. Cramsie, of Fort Totten, Dak., who was recommissioned Benjamin Tobias, to be postmaster at Washington, Tazewell County, during the recess of the Senate; when his tel'Dl of office had expired, Dlinois. . to be agent for the Indians of the Devil's Lake agency in Dakota. Isaac D. Lear, to be postmaster at Salem, Marion County, Illinoi . UNITED STATES ATTORNEY. E. P. Jaycox, to be postmaster at Sandwich, De Kalb County, llii- no~. · Henry W. UcCorry, of Tennessee, to be attorney of the United States for the western district of Tenn~e. SURVEYOR OF CUSTOMS. HOUSE OF REPRESENTATIVES. D~el 0. Barr, of Pennsylvania, to be surveyor of customs in the dis­ trict of Pittsburgh, in the State of Pennsylvani..1>. THURSDA.Y, March 18, 188G. INDIAN INSPECTOR. The House met a;t 12 o'clock m.. Prayer by the Chaplain, Rev. W. H. Eli D. Bannister, of Lawrenceburg, Ind., who was commissioned dur­ :MILBURN, D. D. ing the recess of the Senate, to be an Indian inspector. The J oumai of the proceedings of yesterday wns read. UNITED STATES 1\IARSHAL. Mr. DARGAN. .Mr. Speaker, I wish to make a. correction of the William C. Jones, of Kansas, to be marshal of the United States for Journal. The bill reported back by me yesterday from the Commit­ the c1 istrict of Kansas. tee on Military Affairs (H. R.l077) i'3 stated to have been reported back without amendment. It was 1-eported \-vith amendments. INSPECTOR OF STEAM-VESSELS. The SPEAKER. The correction will be made. Matthew O'Brien, of Louisiana, to be supervisinginspectorofsteam­ The Journal was then approved. vessels for the tenth district. HEATING APP.ARATUS IN PUJ3LIC BUILDINGS. RECEIVER OF PUBLIC LIO~S. The SPEAKER laid before the House a letter f.rom the Secretary of Robert W. Hutchins, ofEureka, Cal., to bereceiverofpublicmoneys the Treasury, transmitting a letter from the Supervising Architect rec­ at Humboldt, Cal. · ommending au appropriation for heating apparatus in certain public