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Congressional Record-House. Maroh 19 I 2534 CONGRESSIONAL RECORD-HOUSE. MAROH 19, So that the tactics of our Republican friends are not new in this could restrain any improper tendency on the part of the Executive or Chamber. of the Democratic majority in the Honse to excess in the appropriations We discussed the question atlength. Youy;illfind bylookingbacktothe his­ or in the extravagant use of the public money for any purpose, as well tory of that period that Mr. Ba rton, of Missouri, introduced such resolutions as as excesses in other matters, by resistance and exposure ·of improper I have mentioned, and discu ed them with great ability. You will find that, in every instance when the question was moved, the Democratic party, then measures before the country. called the Jackson party, unanimously voted down every r esolution denying But, let me saythatwhile such is the proud position which the other or calling for the reasons of executiYe removals. By referring to the debates side of this Chamber ought to occupy, its position to-day as demon­ of that day you will find that e>ery d ebater on the Democratic or Jackson side of the Senate denied utterly the power of the Senate to look behind the nomina­ strated by its action in reference to this que tion is that of an obstruct­ tions rmd inquire into the rouses of r emoval. Such, I repeat, was not my opin­ ive party, hindering the due exercise of the executive powers of this ion. I say again, I endeavored at the time to vindicate the opposite position, but Government, and from the very habit of opposition there is imminent I was voted down. The party with w h ich I was associated was always beaten upon that question. We were voted down at everysucceedingsession whenever danger that the other side of this Chamber may descend from the high · the question was raised, throughout the whole of my Congressional career; and position it ought to occupy down to a mere cabal and faction. there n ever wn.saninstancein whichitwus decided thattheSellilteofthe United What is the position which the Senate occupies to-day? The time was States had authority to limit or contJ:ol the removing power of the Executive. The result was that, as a majority of the sovereign States of the Union held when great men and great parties met in the Halls of Congress and dis­ that doctrine for twenty-five years or more, I at last acquiesced in what I could cussed measures of government and administrative policies; but to-day not prevent, nnd was forced to succumb to the views of the majority. All my the Senate is degraded by a scramble for the retention of offices in the political friends finally yielded and gave up the point, considering that the voice of the people of the United Sta tes had sustained our opponents on the whole Republican party. If some one who in other days had w:itnes ed in the matter in difference between us. We finally abandoned, not by any public re· old Chamber the debates in advocacy and opposition on questions of gov­ cantation, but by our silence, resistance to the removing power, as a point of ernment and policies of administration should appear in these galleries political controversy; and hence, for many years past, you ha>e scarcely heard a word on this topic in the Halls of Congress. and look down on the attitude of the majority of the Senate in a contest Ever since the days of General Jackson each successive President had exer­ which it has forced upon the President for the inspection of his private cised this power of removal without question from any quarter whatever. He papers, with what sadness would he contemplate the change that has has exercised it in every instance without control, without record, without trial, and without giving notice t-o the party accused. No man has contended for years taken place. Perhaps retiring with bowed head from a scene so humil­ past that o. person removed from office had a right to demand from the Execu­ iating, he would recall the exclamation, "Thou art the man, but oh ! tive of this country the reason for which he wns removed, or might require a how fallen.'' trial before he was removed, or the production of a record to show the grounds for his removal, or that notice should be given him, and that he should be heard I should be glad to see the Senate relieve itself from the impression anywhere in regard tQ the removal. 'Vehad in vain denounced the tyranny of which this discussion is calculated to make and resume the high posi­ the proscriptive PQlicy,and we yielded, however reluctantly, to the popular will. tion it ought to occupy, and not degrade itself by seeking to degrade the Justwhat1tir. Clayton said, in referencetowhatthecommissionsbore executive department of the Government. on their face, that they were held at ''the pleasure of the President,'' is Mr. COLQUITT. 1tir. President, I am conscious that this is a very true of naval commissions. I have not looked into civil commissions unpropitious hour to engage the attention of the Senate. The debate or into military commissions, but I did take the pains to go to the office has been protracted; it has been conducted with signal ability and great of the Secretary of the Navy, and I find that the commissions to-day historical research; and it is not unnatural that the patience of the Sen­ bear upon their face that they hold their offices at ''the pleasure of the ate has been wearied, or that thenoveltyofthesnbject has been lostto President." Whether this is true of civil officers I do not know, for I the public. I promise, however, that I shall be very brief in the re­ have not examined the commissions; whether it is true of military com­ marks that I have to make. I shall not follow at length the line of missions I do not know, but after the action of 1789, during the ad­ argument or of precedent which has been pursued by others. ministration of President Washington, the formu1a of commissions was The question has been debated so ably, and so many precedents and adopted in conformity with the declaration of the Congress of 1789 that arguments which have been presented by those who have considered it removals were at the pleasure of the President, and the commissions have related almost entirely to the power of the P~esident to make re­ to the nava.l officers at least indicate that that has been the judgment movals from office, that it seems to me it is hardly necessary to continue of the country from that day to this, for the commissions have not been the discussion upon that line. altered. Mr. RANSOM. Mr. President, it is now late, and if it be agreeable I am aware that there was some legislation in 1865 in reference to re­ to the Senator from Georgia I will move an adjournment, so that he movals of military or naval officers unless on the judgment of courts­ may have the floor for Jtfonday. martial. That relieves the executive department no doubt just as it Several SENATORS. Let us have an executive session. relie>ed President Pierce in 1855 to have the report of a retiring board Mr. COLQUITT. It will be agreeable to me if I can be heard early in order that he might exercise his constitutional function of removing on Monday morning. I shall not occupy a great length of time in the naval officers. So the President, in regard to military commissions, re­ discussion. The Senate is wearied, and it is more from ·regard to their tains the power of removal inherent in his office, and it is not affected comfort than to my own that I yield to the motion of my friend from by the legislation of 1866 in reference to military officers, nor by the North Carolina. action of Congress in 1867 in reference to the tenure-of-office act. The Mr. EDMUNDS. I wish to say, if I may by unanimous consent, constitutional power still inheres in the President, though he may think that while I shall not oppose this anjournment, I hope the Senate will it proper to follow the statutory provisions in the exercise of his inherent be willing, as the Senator from Delaware says this is such a frivolous power of removal, in conformity with the wishes of Congress, but it is matter, to stay and put an end to it on Monday, no matter how long it nevertheless true that legislation has not deprived him of his constitu­ takes. tional function of removal ftom civil office. The PRESIDENT pro tempore. Does the Senator from Georgia yield Mr. President, the existence of political parties in this country is, I to the Senator from North Carolina? had almost said, absolutely necessary to the proper administration of Mr. COLQUITT. Yes, sir. public affairs; perhaps in all governments opposition parties are essen­ 1tir. RANSOM. I move that the Senate adjourn. tial to the proper administration of government, and it is especially Mr. COCKRELL. There is some executive business, I understand. true in this country. The minority party can exercise a most salutary Mr. EDMUNDS. There is not enough executive business to bother influence upon the action of the majority, and our Republican friends about now. on the other side of t.his Chamber occupy a. position to-day where they The PRESIDENT pro tempore.
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