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scheme with regard to reconstruction upon Now, Mr. President, I beg leave to say a them for that is the result of it-to say, which they could come to a unanimous or word with regard to that report and the meas- "You may be represented, but you shall not nearly unanimous agreement.

ure which the committee have proposed. But yote,'' seems a mockery. Under it there might The proposition made by the honorable Sen- || for my great respect for the members of that hardly be twenty voters, possibly, in a State. ator from Oregon this morning would indicate, committee and its chairman, and were I not Mr. President, why did I read the article for instance, that he is not exactly satisfied forbidden by my knowledge that they are inca- from the New York Evening Post? Not as an with the result to which the committee came. pable of such a thing, from the bare reading || authority. It struck me that the views were so I really, with all respect to my friend from of their reported propositions I should sup- correct and so sound that I desired to adopt Oregon, beg leave to say that when a commit- pose that, as this writer intimates, whose lan

them as my own, and I was very certain that tee after great deliberation has come to a con- guage I have adopted, the object of the report the source from which those ideas came would clusion upon a subject which has been assented was to present a scheme which could not be have great weight with the loyal people of this to and reported, at any rate the members of accepted. I am forbidden to entertain such country, and properly so; that that paper had the committee should abstain from pressing an opinion by my great respect for the com- a character for loyalty and for patriotism and individual views in advance of the general mittee. I know they are incapable of anything for ability and for honesty and integrity which action of the body to which the report has

of that sort, and I therefore am obliged to sup- gave it weight; that what came from the disbeen made, because it has a tendency to pose that they thought this might be accepted, tinguished and venerable editor of that paper weaken the effect of the report itself.

that it might possibly, under some supposable was entitled to weight, even in the Senate of I accede to what has been said by the honor- circumstances, calm the agitation which is pre- the United States, and therefore I read the able Senator from Connecticut with regard to vailing on this subject, and result in the read. || article and adopted its language. the eminent standing of the press from which he mission of members from the late rebel States. I have only one word more to say. I am has read; but, eminent as it is, I think it is not That, no doubt, was their intention; but I beg extremely desirous-no man can be more desir. immodest on the part of the committee of fifteen, leave to say that it seems to me that it is ous than I am-to unite upon some plan which selected with very considerable care, and, with || utterly impossible that that should ever be the shall pacify the country, and which shall restore one exception, perhaps, composed of gentle- effect of it. For example, allow me to partic. || and reconstruct the Union. I had hoped this men eminently fitted for the position which was ularize. After the States have accepted these committee would propose something which assigned to them, to suppose that after months terms, after they are represented in this body || would accomplish that. As to the plan proof deliberation, after great study and reflec- and in the House of Representatives for a posed, I am utterly hopeless with regard to its tion, after careful examination of the evidence | period of nearly four years, if they accept the producing any good effect. I may be mistaken. before them, not only as to what was wise to proposition next fall, they are to be denied the I have the highest respect, I need not say, for do, but as to what could be done, the united || right of voting for their own Representatives the members of the committee. I know they opinions of a very large majority of them might | in Congress; for we are told every day, and I are patriotic; but I think they are utterly mis. be supposed to come about as near the right believe it is to a certain extent true in some taken, and I think I have the right to say it, in as the opinion of an individual who may hap- || States, that the whole mass of the people par- all respect to them. pen to write in the columns of a newspaper. "I | ticipated in the rebellion, or at least, in the Mr. FESSENDEN. The Senator from Conacknowledge, as a general rule, that the editor || language of the report," adhered” to it. The necticut has gone into a discussion of the merits of a newspaper knows by intuition far more of language of the report does not exclude merely of the report. I said nothing of the merits of the state of the country and what is wise to those who were original conspirators, but all the report. I did not intend to say anything, be done, no matter what his age, or what his twho may finally have adhered to the rebellion. and I do not now, on that subject. I merely position, than Congress can possibly know; but Now, consider that proposition for a moment. rise to say that I choose to avoid anything of I think, at any rate, a little faith should be given || These States are to be represented in the other that description until the report comes properly to a committee of Congress, so large as this com- House and in this body after having accepted | before the Senate, when, if I have sufficient mittee, and to Congress itself, devoting itself these terms, and still their representatives are strength, I shall endeavor to explain the views carefully to the study of the great questions on

to be chosen without the votes of the people. of the committee upon that subject so far as it which it proposes to act. I cannot agree with I would ask, who is to vote? The colored men may become my duty to explain them. In the my honorable friend from Connecticut, that cannot vote. Take South Carolina or Missis

mean time I suppose we are to have gentlemen because the opinions which he read happen to sippi or Georgia. Who is to choose Repre- || giving us the opinions, which I think we can find appear in a press of character they are there. sentatives in those States? I will not say it out for ourselves, of different persons throughfore so conclusive as at once to overturn all is a mockery, because my respect for the com- out the country. I wish only to say that, notthe conclusions to which, after much delibera- mittee forbids; but I must say that it does withstanding my respect for each and all of tion, the committee have arrived. At any rate seem to me that no man can expect that any those who may choose to instruct us on the I shall beg leave to ask, when the proper time of these States will ever accept the terms pro- subject, we have a duty to discharge, and must comes, for the careful consideration of the posed. I agree with the Evening Post on that i discharge it in the best way we can upon our Senate of all these important questions; and point. I will say further that I am not sure, own views and sentiments as to what the conhaving no pride of opinion on the subject, if if they would accept it, they ever ought to be dition of the country demands. Congress shall come to the conclusion that the permitted to vote at all.

Mr. GRIMES. There seems to be some scheme which has been presented needs amend

Mr. FESSENDEN. I wish to ask the Sen- controversy between the Senator from Conment and alteration, I shall submit with per- ator a question. I have the impression that necticut and the Senator from Maine as to what fect willingness and perfect contentment, in President Johnson has said, over and over are, at this time, the opinions of the President the hope that something wiser and better will again, that the government of these States of the United States; and occupying the pecube reached; but until we come to the discus- ought to be exercised by the loyal portion, || liar relations which the Senator from Connecsion I am unwilling to admit, even upon the

those who had been loyal to the Union. ticut does to the Chief Magistrate of the counauthority of the New York Evening Post, that Mr. DIXON. In the first place, I beg leave | try, I desire to reser, as he has done, to a newswhat we have done cannot be acceptable to the to say to the Senator from Maine that it makes paper, one published in this city, purporting to people of the United States.

no difference to me, in forming my opinions, Il give the last revised opinions of the President, Mr. DIXON. I suppose the Senator from what the President or any other man says. If and to inquire of him whether or not they are Maine did not intend, in his opening remarks, the President had said so, it would not be of authentic. I hold in my hand the National to question my right to offer the amendment. binding authority on me, unless my judgment | Intelligencer of this morning, which contains

Mr. FESSENDEN. Not at all; I only sug- approved it. In the next place, I say that I an article represented to me to have been telegested to the Senator that when he

stated that agree with the sentiment, not because the Pres- graphed from the precincts of the White House the wisdom of those remarks of the Post might, || ident said it, but because I believe it is a true to the various newspapers in the country, he hoped, have some effect even upon this body, and correct sentiment. But that is not what || headed, “The President and his Cabinet in it was rather an intimation that this body could the report says. The report of the committee Council :" not be expected to act wisely and justly. does not say that only loyal men can vote. I “It is understood that at the Cabinet meeting yegMr. DIXON. The word "even, know the President says that; everybody says

terday the President invited an expression of opinby me, may have, I think, a different meaning | it who thinks as I do; but the question is,

ion from the heads of Departments respecting tho

propositions reported on Monday last by the congresfrom what the Senator supposes. My meaning | what is a loyal man?

sional committee on reconstruction. An interesting was that those remarks ought to have influence, Mr. FESŠENDEN. Did he not say those and animated discussion is said to have ensued, in even upon so distinguished and so wise a body who had been loyal, those who had not par

the course of which, if rumor be true, Secretary Sew

ard declared himself in very decided and emphatio as this, but I will consent to strike out the ticipated in the rebellion, should be those

terms against the plan of the committee and in favor word "even,'' if it is offensive to the Senator. intrusted with the Government? Was not that of the immediate admission of loyal representatives Mr. FESSENDEN. Not at all. his recommendation in regard to Tennessee?

from the lately rebellious States. Mr. DIXON. I meant to say, and I now Mr. DIXON. When these States are again

"Secretary McCulloch was as positive as the Secre.

tary of State in his opposition to the plan recomrepeat, that even in such a body as the Senate | regarded as members of the Union, if they mended by the committee, and expressed himself of the United States, words of wisdom like accept the terms of readmission proposed to

strongly in favor of an immediate consummation of

the President's restoration policy by the admission these might have their effect. I certainly || them, all loyal men at the time ought to be into Congress of loyal men from the southern States. would be the last person to reflect on the Sen- || permitted to vote. I will not say that the "Secretary Stanton was equally decided in his oppoate, or to reflect on the committee, but I sup- exception made in one clause of the report is

sition to the committee's propositions, was for adher

ing to the policy which had been agreed upon and pose I have a right to say that I do not think not correct, that certain leaders be disfran

consistently pursued by the Administration, and was the report of the committee contains all the chised; but I say that to disfranchise a whole gratitied that the President had brought the subject wisdom which even may exist in the Senate or

to the consideration of the Cabinet. people, to tell them that they may send mem

"Secretary Welles was uncquivocally against the in the committee itself.

bers to Congress and still shall not vote for committeo's was earnest ip scheme, and his support

as used

of the President's policy, comprehending the instant being. I have not seen the President or any and I most sincerely hope that the Senator from admission into Congress of loyal representatives from

member of the Cabinet or any human being Maine, the chairman of the committee on reconthe States lately in rebellion.

“Secretary Ilarlan was rather reticent, and ex- with regard to it. I read the article in the Even- l struction, who has this matter in charge, will pressed no opinion.

ing Post, and it struck me as being true and as bear that in mind. I do not believe that Con. “Postmaster General Dennison was in favor of car

coming from a source entitling it to great weight gress at this moment is in a condition to give rying out the restoration policy of the President, but expressed somo doubts as to the precise time at which

and authority. I knew it would be respected by the country the best proposition on this imporloyal representatives from the southern States should this body from the character of the writer. I tant subject. I am afraid that that excellent be admitted to scats in Congress. * Attorney General Speed was not present at the

thought it correct, and it was exactly in accord- committee has listened too much to voices from meeting, being on a visit to his home in Kentucky. ance with my sentiments.

without, insisting that there must be an issue "The President was earnest in his opposition to the I say this because it might possibly be sup- presented to the country. For myself, I have report of thecommittee, and declared himself against

posed from what the Senator said that this res- always thought that that call was premature. all conditions-precedent to the admission of loyal representatives from the southern States in the shape

olution of mine has been offered in consequence There is no occasion now for an issue to be preof amendments to the Constitution or the passage of of some consultation. Sir, I am in consultation | sented to the country. There are no elections laws. He insisted that under the Constitution no

with nobody. I attempt to act here as a Sen- in any States. The election in Connecticut State could be deprived of its cqual suffrage in the Senate, and that Senators and Representatives ought ator in accordance with my own views of right.

is over.

The election in New Hampshire is to be at once admitted into the respective Houses, as I may be wrong; but I am under the lead of over. There are to be no elections before next prescribed by law and the Constitution. He was for no master and no man. I care not what the

autumn. What is the occasion, then, for an a rigid adherence to the Constitution as it is, and remarked that, having sustained ourselves under it

President or anybody else thinks. If what he issue to be presented to the country? I see during a terrible rebellion, he thought that the Gov- does and says is right, I support him; if they none, unless Congress, after a most careful and ernment could be restored without a resort to amend

are wrong, I denounce him. That, I take it, mature discussion of the whole subject, is able ments. He remarked in general terms that if the organic law is to be changed at all, it should be at a is the position of every Senator. No man is to present an issue on which we can all honestly time when all the States and all the people can par- worthy of being a Senator unless that is his and as one phalanx go forward to battle. ticipate in the alteration."

position. I repeat that I have offered this res- I do not intend to be drawn into a premaNow, Mr. President, if I understand the force olution without consultation with anybody. ture discussion of the issue presented by the of language, that is not the position that the Now, a single word as to the President's || report of the committee on reconstruction. I President of the United States has hitherto views. ' I do not see that there is any very merely speak now to the question of time. I occupied. If I understand it and perhaps the great contradiction.

It cannot be supposed am sure that that report could not have been Senator from Connecticut can set me right if I that the President will in every statement which made in the last week of March. Iam equally am in error-the President of the United States he makes of his views express every single sure that if the committee had postponed their now insists that these States shall be imme- || shade of idea that he may have heretofore report until the last week of May they would diately represented; that they are entitled, expressed. He thinks that the southern States have made a better one than they have made under the Constitution of the United States, to should be represented. How and by whom? in the last week of April. I hope, therefore, immediate representation in the Senate and Take all his language together, and it is by loyal following out that idea, that all decision of this House of Representatives without any ante- men when they come here in an attitude of question will be postponed as long as possible, cedent conditions, and the most of his Cabinet | harmony and loyalty to the Government and to the end that all just influences may come to concur in that opinion. I suppose

that this is are represented by loyal men. That is what Congress from the country, and that Congress the antagonist proposition that is put forth from my resolution says; that is what the President itself may be inspired by the fullest and amplest the White House in opposition to the report of says, and I believe that is his view.

consideration of the whole question. the committee of fifteen, commonly called the

Mr. GRIMES. I did not intend to convey Why, sir, there is the evidence which has committee on reconstruction-the immediate the idea that the Senator from Connecticut has been laid before this committee. We have not unconditional admission, without any terms, a master; but I submit, after all he has said, yet seen it together. That evidence ought to without any conditions, of the representatives that I was perfectly justified in saying that be together; it ought to be laid before the of those States and of the people of those peculiar relations subsisted between him and whole country; and we ought to have returnStates.

the President, when he himself admits that he ing to us from the country tbe just influence Mr. SUMNER obtained the floor.

went, not only for the spirit, but for the identi- which the circulation of that evidence is calcuMr. DIXON. I ask the Senator to yield to cal language of his resolution, to the celebrated lated to cause.

I am sure that wherever that me for a moment to reply to the Senator from veto message of the President of the United evidence is read the people will say Congress Iowa. States on the Freedmen's Bureau bill.

is justified in insisting upon security for the Mr. SUMNER. Certainly.

Mr. DIXON. It is no uncommon thing for future. To that end, I take it, the evidence Mr. DIXON. The Senator from Iowa inti- a resolution to be offered in language taken was taken, and I hope that Congress will not mated in his opening remarks that I had some from a message of the President of the United act until we get the natural and legitimate peculiar knowledge or means of knowledge of States. It is frequently done, and it is very influences from that evidence. the President's views. IIe spoke of the pe

proper, as it strikes me. In some remarks But, sir, allow me to say, by way of comment culiar relations'' in which I stand to the Presi- that I had the honor of making about two on the proposition of the Senator from Condent. The Senator is entirely mistaken in regard | months ago in the Senate, I embodied that necticut, that it seems to me my excellent to that. My relations to the President are pre- extract from the message of the President as friend, when he brought forward his proposi. cisely similar to those of the Senator himself. the expression of my own views. I then said tion, forgot two things. I have seen the President but once within the that I thought it was right, and I have now Mr. DIXON. Probably more than that. space of two months, and then for not over five offered it in the form of a resolution.

Mr. SUMNER. He says probably moro minutes. I take his views from his written, Mr. SUMNER. When I rose a moment ago than that; but the two things he forgot were published statements.

I intended to make a remark in reply to the so great, so essential, that to forget them was Mr. GRIMES. If the Senator will excuse Senator from Connecticut, but the question to forget everything. In the first place, he forme, the fact that the Senator's resolution was seems to have drifted out of sight. I will ob- got that we had been in a war; and in the secidentical in spirit and almost in terms with serve, however, that the question involved in ond place, he forgot that four million human the language attributed in the National Intel- his proposition is so important that I never beings had been changed from a condition of ligencer of this morning to the President led regret

slavery to freedom. Those two great ruling me to infer

Mr. SHERMAN. I should like to know if facts my excellent friend forgot, evidently, Mr. DIXON. If it is identical in spirit, then the unfinished business does not come up at when he drew up his proposition. He forgot the Senator is mistaken in another point when this time.

that we had been in a war, because he fails to he says that the President has now taken new The PRESIDENT pro tempore. The Chair make any provision for that security which views and new grounds. He says that the was about to remark that the morning hour has common sense and common prudence, the law language attributed to the President in the expired, and it is the duty of the Chair to call of nations, and every instinct of the human paper from which he has read, is identical in up the unfinished business of yesterday. heart require should be made. He provides spirit with the resolution that I have offered. Mr. SHERMAN. I have no objection to no guarantee. Sir, the essential thing, at this My resolution is taken from the President's || allowing the special order to pass over inform- moment, is a guarantee. The Senator abanveto message of the Freedmen's Bureau bill ally for a few moments to afford Senators an op- dons that; but it is because he forgets that we more than two months ago; so that the Sen- | portunity to make explanations on this subject. have been in a war. If I, like the Senator from ator will see that he is mistaken in sup. The PRESIDENT pro tempore. The order Connecticut, could forget this terrible war, posing that there has been any change in the of the day can only be laid aside by unanimous with all the blood and treasure that it has cost President's views, if mine are identical with consent. No objection being made, it is laid us, I, too, could forget the guarantees; but as his; and I do not suppose there has been any aside informally.

that war is always in my mind, the Senator will change. I do not suppose that the President Mr. SUMNER. I was about to say that the pardon me if I'insist that we shall have guarhas changed from the views contained in that proposition involved in the resolution of the antees. resolution. I copied the resolution from the Senator from Connecticut is so important that Mr. DIXON. If the Senator will allow words of the Presidert contained in that veto it may be considered as perhaps always in order message because I thought they were extremely to discuss it. I do not know that we ought to Mr. SUMNER. In one moment I shall well expressed and because they were my pass a day without discussing it in some way. have done. In the second place, I have said views.

I certainly do not deprecate this discussion; || that my excellent friend forgets that four milNow, I desire to say with regard to this reso- but while I say that, I am very positive on lion human beings have been changed in their lution of mine, that I have not offered it in con- another point: I should deprecate any effort condition. Four million slaves bare been sequence of any consultation with any human now to precipitate a decision on that question; declared to be freemen; and by whom, and

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by what power? By the national Govern- resumed the consideration of the following | appropriations for the expenses of collecting ment; and let me say that, as the national resolution:

the revenue from customs. Government gave that freedom, it belongs to Resolved, That the use of the Senate Chamber be the national Government to secure it. The granted to Mrs. M. C. Walling for the purpose of

APPROVAL OF BILLS. delivering therein an address, on Tuesday evening, national Government cannot leave those men

A message from the President of the United the 17th instant; the floor of the Senate Chamber to whom it has made free to the guardianship or be for the exclusive accounmodation of members of

States, by Mr. EDWARD Cooper, his Secretary, custody or tender mercies of any other govern

the Senate and House of Representatives and their announced that the President had this day ment.

families. It is bound to take them into its own

approved and signed the following acts and

Mr. WADE. I move to amend the resolukeeping, to surround them all by its own, pro tion by striking out the time mentioned in it and

joint resolution:

An act (S. No. 158) to facilitate the settlerights and conditions which in the exercise of | inserting “Monday evening, the 7th instant."

ment of the accounts of the Treasurer of the its best judgment shall seem necessary to that

The amendment was agreed to.

United States, and to secure certain moneys to end. All that my excellent friend has absq

Mr. SHERMAN. I call for the yeas and the people of the United States, or to persons lutely forgotten. It is not in his mind. If I nays on the adoption of the resolution.

to whom they are due and who are entitled to could bring myself to such an obliviousness, if The yeas and nays were ordered.

receive the same; I could bathe so completely in the waters of

Mr. ANTHONY. I wish to offer an amend- An act (S. No. 255) to remit and refund Lethe as my excellent friend from Connecticut ment to this resolution. I was opposed to the

certain duties; and seems to have done daily in these recent times, resolution, but since the Chamber has been A joint resolution (S. R. No. 56) authorizing I could join him in the support of his prop

granted to Mr. Murdoch and was once granted the Secretary of the Treasury to adjust the osition.

to this lady and then reconsidered, I think it claim of Beals & Dixon against the United Mr. DIXON. One word in reply to the

would be cruel to refuse it now. I shall there- States. Senator from Massachusetts, with the con- fore vote for the resolution ; but I think there

POST OFFICE APPROPRIATION BILL. sent of the Senate. The Senator says that I ought to be a stop put to the practice (which The PRESIDENT pro tempore. The un. have forgotten many things, and among others is evidently going to be very prevalent unless

finished business of yesterday, being the bill the guarantees required by the four million we stop it by a resolution) of granting the use slaves who have been emancipated. I desire of this Chamber. In the other House they || service of the Post Office Department during

(H. R. No. 280) making appropriations for the to ask the Senator what guarantee those per

have been obliged to pass a resolution making the fiscal year ending June 30, 1867, and for sons have in the proposition reported by the it out of order to offer any such resolution, and

other purposes, is now before the Senate, the committee. The Senator exhausted all the now, the House Hall being closed, all persons | pending question being on the amendment terms of opprobrium in the English language || who wish to lecture without going to the ex

offered by the Senator from Illinois, [Mr. in denouncing a resolution which was before pense of paying for a hall will come here and

TRUMBULL.] the Senate some time since, and which con- apply for this Chamber. The objections to it

Mr. HOWE. I am going to vote for this tained the only guarantee for the colored race are too manifest to need any recapitulation. I

amendment if I get a chance. I think I will that is contained in this report. The only move to amend the resolution by inserting at

vote for any part of it, for almost any one line guarantee which he says he keeps constantly the end of it the following:

of it. I would rather vote for the whole of it in his mind, and which I have forgotten, con- And that hereafter the Senate Chamber shall not than for any part of it. It was said last eventained in this report is that providing that if

be granted for any other purpose than for the use of
the Senate.

ing that the modification made by the mover those persons are not allowed to vote in the States in which they reside they shall not be

Mr. WADE. I have no objection to the

of the amendment was more objectionable amendment.

than the amendment as originally introduced. counted in the apportionment of Representatives.

Mr. President, what is this proposition? As The Senate has not yet forgotten

Mr. SUMNER. I doubt whether we should tie our hands for the future.

introduced it proposed to say that no part of the echoes are still ringing in this Hall-what the Senator said in regard to that proposition.

Mr. ANTHONY. We can repeal it whenever

the money to be appropriated by this bill If the English language contains any term of we choose.

should be expended on persons or officers Mr. SHERMAN. The amendment will not

undertaking to exercise or perform the duties reproach, if it can be coined into any form or tie our hands in the future. It can be super

an office which by law is required to be shape of opprobrium which he did not exhaust on that subject, and some of which my friend seded by a resolution offered hereafter.

filled by the advice and consent of the Senate from Maine [Mr. FESSENDEN] cited as beauties

Mr. SUMNER. I understand very well it

who shall not be confirmed by the Senate.

The language is : of rhetoric, I am mistaken. I think he could cannot legally and technically, but it does in form.

That no person oxercising or performing, or unhave gone no further in denouncing that very proposition which is the only guarantee in this

The amendment was agreed to.

dertaking to exercise or perform, the duties of any

office which by law is required to be filled by the report; and yet he says I have forgotten that

The PRESIDENT pro tempore. The ques

advice and consent of the Senate, sball, before con

firmation by the Senate, receive any salary or comthey require guarantees. I beg leave to remind tion now is on the resolution as amended.

pensation for his services, unless such person be comthe Senator that he too has forgotten his own The question being taken by yeas and nays, missioned by the Presidentto fill up a vacancy, which words on that subject. resulted-yeas 16, nays 18; as follows:

has happened by death, resignation, or expiration

of term during the recess of the Senate and sinceita Mr. SUMNER. Not at all.

YEAS-Messrs. Anthony, Chandler, Doolittle. Fes

last adjournment. The resolution of Mr. Dixon was ordered to

senden, Howard, Howe, Morrill, Nye, Poland, Pome-
roy, R: sey, Stewart, Wade, Williams, Wilson, and

What is the objection to that? The objecbe printed. Yates-16.

tion urged was that incompetent or dishonest BOUNTIES TO COLORED SOLDIERS.

NAYS — Messrs. Clark, Conness, Creswell, Davis,
Dixon, Foster, Guthrie, Ilarris, Henderson, Johnson,

and faithless men may be found in office durMr. HENDERSON submitted the following Kirkwood, Lane of Indiana, Morgan, Sherman, Sumn

ing the recess of the Senate, and it might bener, Trumbull. Van Winkle, and Willey-18. resolution; which was considered by unanimous

come necessary in the judgment of the Execu

ABSENT-Messrs. Brown, Buckalew, Cowan, Cra- tive, and in the judgment of all men it might consent, and agreed to:

gin, Edinunds, Grimes, Hendricks, Lane of Kansas, Resolved, That the Committee on Military Affairs

McDougall, Nesmith, Norton, Riddle, Saulsbury, be manifestly necessary to remove that officer, and the Militia be, and are hereby, instructed to inSprague, and Wright-15.

and if we adopted the amendment as it then quire into the expediency of changing the laws so as So the resolution was rejected.

stood, it would preclude payment to the sucto enable back pay and bounty due to colored soldiers for services in the late war to be drawn upon the

MESSAGE FROM THE HOUSE.

cessor of an officer so removed. In other words, same proof of marriage as is now required for the A message from the House of Representa: || President to remove an incompetent officer or

it was held to be a check upon the right of the collection of pensions due to such soldiers under the act of July, 1864. tives, hy Mr. McPherson, its Clerk, announced

a dishonest officer in the recess of the Senate. USE OF THE IIALL.

that the House of Representatives had passed To meet that objection to the amendment it Mr. WADE. I now move to take up the the following bill and joint resolution, in which

was modified yesterday, and the latter clause resolution granting the use of the Senate Chamthe concurrence of the Senate was requested:

of it now reads: ber to Mrs. Walling for the purpose of deliv

A bill (H. R. No. 344) to incorporate the

Unless such person bo commissioned by the Presering a lecture. Niagara Ship-Canal Company; and

ident to fill up a vacancy which has happened during Mr. SHERMAN. If there is to be no debate

A joint resolution (H. R. No. 130) to carry the recess of the Senate and since its last adjournupon that resolution, and it will not supersede into immediate effect the bill to provide for the ment by death, resignation, expiration of term, or

removal for acts done or omitted in violation of the the special order, I am perfectly willing that a better organization of the pay department of

duties of his office; the cause in case of removal to the Navy. vote may be taken upon it; but if the motion

be reported to the Senate at its next session. involves a postponement of the pending order

ENROLLED BILLS SIGNED.

What is the objection to that? It was said I object to it.

The message further announced that the yesterday, it has been said repeatedly during Mr. WADE. I do not propose to debate it. Speaker of the House of Representatives had this debate, that the question of the right of I suppose it is understood by the Senate, and signed the following enrolled bill and joint res- the President to make removals had been setthat we can get a vote upon it at once. If it olutions; which were thereupon signed by the tled, was established, was no longer to be congives rise to debate, I shall let it go over. President pro tempore :

troverted. If that be so, I am opposed to the Mr. SHERMAN. I hope, then, the vote may A bill (H. R. No. 197) to provide for the whole amendment. If it is settled that the be taken. I believe the yeas and nays have better organization of the pay department of President has under the Constitution the right been ordered upon it. the Navy;

to remove officers at his pleasure, let him do The PRESIDENT pro tempore. It is moved A joint resolution (S. No. 34) expressive of it. I hold that the President ought to discharge that the Senate proceed to the consideration the gratitude of the nation to the officers, sol- every part of the duty laid upon him by the of the resolution. diers, and seamen of the United States; and

Constitution. When he does make a removal The motion was agreed to; and the Senate A joint resolution (S. R. No. 76) making ll then he makes a vacancy; and I know, when & vacancy exists, the Constitution makes it the

duties he ought to receive the punishment due not restricted by supreme law, he said, and I bounden duty of the President to fill it or to to infidelity. I am not sure that he always agree, is an incident to the power of appointsee that it is filled. If the Senate be not in does.

ment. The power of appointment being unlimsession he must fill it himself. If the Senate

Mr. President, the light to be gathered from || ited, the making of one appointment to-day is is in session, he inust nominate and enable the the language of the Constitution is in a small not of itself a reason why another should not Senate to fill it. If, therefore, it be the settled compass and it seems to me is conclusive. The be made to-morrow. It has not exhausted the construction of the Constitution that the Pres- Constitution says that the President

power; that power still continues in the same ident may remove officers at his pleasure, then "Shall nominate, and by and with the advice and tribunal; and if he make another to-morrow it à vacancy legally, regularly occurs, and when consent of the Senate shall appoint, embassadors, is a vacation of the one made to-day, because

other public ministers and consuls, judges of the Suthat vacancy is filled it is the duty of the Legispreme Court, and allother officers of the United States

two officers cannot occupy the same office any lature to appropriate the money necessary to whose appointments are not herein otherwise pro- more than two bodies can occupy the same pay the salary. vided for, and which shall be established by law; but

space. The right of the President and the Í hold, Mr. President, that this amendment

the Congress may by law vest the appointment of such
inferior officers as they think proper in the President

Senate to remove does follow, in the estimais one of the most important, if not the most alone, in the courts of law, or in the heads of Depart- tion of the Senator from Maryland, as in my important, proposition that I have been called ments.'

own, as an incident to the power of appointto vote upon since I have had the honor of a What possible ideas could the makers of this ment; but how does the President get it? seat on this floor. It is nothing less than Constitution have had in their heads when they || Where does he get the power to remove officers whether a hundred millions of money is to be used this language, if they did intend that after whom he does not appoint, whom he cannot placed in the hands of the President of the all the President should have the right to re- appoint, but who can only be appointed by the United States, and always kept there, to be move all these appointees when he pleased to concurrent act of the President and the Senused in propagating political opinions with the | do so? Why require the concurrence of the ate? The Constitution is silent; it does not people of the United States. I never saw an Senate in the appointment of a postmaster if follow as an incident of the appointing power, opinion, I never heard of a political opinion the moment the Senate adjourns the President | because he has not the appointing power; it no that I would be willing to propagate at that can create a vacancy in that oflice, which he more follows as an incident that the President expense. I think if we contine this missionary fills himself, independent of the Senate? That can remove a man appointed by the President work to the proper organs, all political opin- interpretation of the Constitution would give || and Senate than it follows that he can remove ions which are proper to be inculcated upon us the services of postmasters and other ofli- an officer appointed by the Supreme Court the American people may be inculcated at a cers for about twenty-four hours in the year. here—its clerk, for instance. Where does it much less expense.

On the last day of the session of this body the come from? Nay, the Constitution is not abI will not vote for this amendment; I will President might send us the names of those offi-solutely silent upon the power of removal, for not vote for any other proposition which is cers whom he wanted confirmed. That com- the Constitution does declare that "the Presi. calculated either to restrict the powers which | plies with the clause of the Constitution which dent, Vice President, apd all civil officers of the Constitution confers upon the President or says he shall nominate. He has discharged the United States shall be removed from office which are calculated to embarrass him in the that duty. Then we confirm or we reject as we on impeachment for and conviction of treason, exercise of those powers; and I say once more, see fit. Suppose we confirm under those cir- | bribery, or other high crimes and misdemeanif the Constitution does delegate to the Presi- || cumstances? He would surely send us men ors." These terms cover every officer in the dent of the United States the right or the power | unobjectionable to the Senate, however objec- civil service of the United States. There is a to make these removals, it is our duty to acqui- tionable they might be to him, and why? Be- method by which they may be removed-the esce in that construction, to recognize the va- cause we adjourn to-morrow, and as soon as we power of impeachment. cancies thus created, to coöperate cheerfully have adjourned he has nothing to do but quietly The idea that is urged here by the Senator with the President in filling them, and appro- displace the officer and then there is a vacancy, from Maryland, and has been urged by others, priate regularly and annually the money neces- and that vacancy the Constitution expressly “ You must not tie up the hands of the Presisary to pay the officers thus appointed; but I tells him to fill bimself by a commission ema- dent; if you mean to have an efficient and say that that power never was given to the nating from himself. This provision, requiring || honest discharge of the public service, you President by the Coustitution and never ought the concurrence of the Senate to any of these must give him the right to remove faithless to be vested in him by the Constitution. appointments, you see, if that is the interpre- || officers' —this idea was not out of the minds

This question has been treated as if all the tation of the power of removal, is the idlest of those men who made this Constitution; but officers whose duty it is to collect the customs, thing in the world.

they never thought of saying that the President whose duty it is to collect the internal revenue, But if this power to remove officers is at all || might remove at will, and upon his own judgwhose duty it is to act as marshals and deputy necessary, or was thought to be necessary to ment, any man whom he deemed to be faith. marshals of the several districts, all these subor

be vested in the President in order to secure less or whom he deemed to be unsatisfactory. dinate officers were the mere assistants, aids, the efficiency of the public service, why did No; they said, “Here is a trial; they may be waiters, personal attendants upon the Presi- the makers of the Constitution say to Congress removed for these offenses, upon trial and con. dent to help him discharge his duties, and as in so many words,“ You may take from the viction before the Senate of the United States," though he were individually and officially | President the appointment of just as many of that being the only tribunal that can try an responsible for all their acts.

these subordinate officers as you please?" It || impeachment. I am not about to say that this I controvert both those propositions. There does say “Congress may by law vest the ap- || right of removal through the process of imis not one of these officers, from the collector pointment of such inferior officers as they think peachment, inasmuch as it is expressly given, of customs to the deputy marshals, but what proper'' --we are the judge of what are interior is given to the exclusion of all other means; Í is a minister of the law. Almost every one of Officers where they are not prescribed in the do not mean to say that the law-making power these ollices has been created by law, by the Constitution—"in the President alone, in the cannot vest in the President of the United enactment of Congress, to perform some duty courts of law, or in the heads of Departments.' States or elsewhere the right to make removals which Congress thoughtought to be discharged. Every one of these subordinate officers the for causes which are not matters of impeachThere is no manner of truth or propriety in President may by act of Congress be deprived | ment; but I do say, just here, that in my judgsaying that they are the agents or the aids of of all control over, and the appointment may ment, the men who made this Constitution the President of the United States. They are be vested in your courts or in the heads of the understood an oflice to be something very difsimply the agents or ministers of the people || Departments. Why did the framers of the ferent from what it has been treated in this of the United States, called to do their work, Constitution give this power to Congress if they | debate, and very different from what it has commissioned to serve their interests. And I || deemed it essential that the President should been understood to be in the estimation of deny that the President of the United States have a continuing, supervising controlover these American politics for at least the last thirty is responsible for their conduct or misconduct. officers? It is evident to my mind that such an years. An office was understood by them to Nobody ever urged, nobody ever thought of idea never entered the head of any member of be an estate, to be conferred upon men only intimating, no one ever thought of holding the that Convention. Not a word is said of the Pres- because they were worthy and capable of servhead of one of your Executive Departments | ident's power to remove anybody. The Sena- || ing the public, and to be taken from men only responsible for the conduct or misconduct of tor from Maryland reminds us that not a word because they ceased to be worthy and capable; those employés working, under his immediate || is said of the right of the President with the and the question whether they had so ceased eye.

When there have been defalcations, pec- concurrence of the Senate to remove anybody. or not they never dreamed was to be deterulations, or other acts of misconduct, who ever That is true; but I understood him to admit mined by any mere political agency actuated thought of holding the Secretary of War, the that the President with the concurrence of the | by mere political feeling. Secretary of the Treasury, or any one of the Senate would have the right to remove any Let me say a few words now upon the matheads of the Executive Departments responsible officer appointed by the President with the ter of authority, for this question is not a new for such misconduct or for any misconduct of concurrence of the Senate.

one—it has been debated over and over again. subordinates? Each one of those officers has Mr. JOHNSON. What I intended to say, It came under debate, as we learn, in 1789 for an official duty to discharge, and each one of and what I supposed I did say, was that the the first time. The Senator from Maryland them, whether he be the head of a Depart- nomination by the President and confirmation objected to this amendment because it covered ment or a clerk in it, has his duties prescribed by the Senate of an officer would necessarily all officers, including, as he says, members of by law, not always to be found in the statute, act upon and remove the previous incumbent; the Cabinet as well as others, and because it but the authority is found in the statute for as both cannot be in the same office, the incum- never was, as I understood him to say, imdirecting him in the discharge of his duties. bent must go out.

agined by any statesman, in the early days of When he discharges them he receives the credit Mr. HOWE. I understood the Senator cor- the Republic, that a member of the Cabinet of fidelity. When he fails to discharge those rectly, I think. The power of removal, when could hold office a day or an hour against the

No

will of the President; that he was intended to does not confer this right upon the President friends should have the preference, and that no be the confidential friend and adviser of the than this attempt of theirs to give it to him; known enemy of the Administration policy should President, to be in his confidence; that he must and here it is, in so many words. This act

receive the quasi indorsement of a Federal appoint

mont. In addition to this, the ax has actually been have his confidence, and nobody imagined that passed, it seems, without attracting any.debate, set to work, and decapitations are now of daily one could hold that office who was not in every without any controversy; but it was not acqui- occurrence. Its effects are already visible in the way entirely satisfactory to the President. In esced in for a long time without controversy.

altered and respectful deportment of more than one

radical opponent in both branches of Congress." answer to that idea I have to remind the Senate In 1835 an attempt was made to repeal the first that the very first debate which arose in the section of the act, and the second section, which

Thank God, I am no radical! It does not

refer to me. history of our Government upon this power I did not read; and a bill was introduced into of removal arose in 1789, on the passage of an the Senate of the United States for that pur

"Heretofore, when the President's Private Secre

tary was sent to the Capitol on official business, he act creating an Executive Department, to be pose. It was subjected to a debate, and a pretty was received with a haughty frigidity that was absoknown as the Department of Foreign Affairs. thorough debate, which I do not propose to read lutely insulting. Within a few days all have becoine Mr. JOHNSON. My friend will permit me even an extract from; but I must call the atten

anxious to do him reverence. He is met with the

blandest of smiles, and surrounded by crowds who to interrupt him for a moment.

That is true; tion of the Senate to the vote upon the passage protest against any rupture of the friendly relations but the objection to the particular bill to which of that bill. It was a bill to repeal this section

that should exist between the President and Conthe honorable member refers was that in the of the act of 1820, which conferred upon the

gress, and who vie with each other in bestowing preamble it assumed that the general power President of the United States the right to

attentions, uttering pretty speeches, and deprecat

ing the idea that they are or ever were in hostility of removal was in the President, not that he remove these officers during the continuance

to the Executive. But the work will go on. would not have the right to change his Cabinet of their term; and upon the passage of that

one will be deceived by hollow pretenses. Thoso

office-holders who have abused their positions to officers.

bill the yeas were- -Messrs. Bell, Benton, Bibb, vilify the President and disrupt the Republican Mr. HOWE. I shall not reproduce the de- Black, Calhoun, Clay, Clayton, Ewing, Freling party will be made to give way to better men. The bate. There was a bill pending before the huysen,

Goldsborough, Kent, King of Georgia, accomplished its purpose." Congress of the United States to create the Leigh, McKean, Mangim, Moore, Naudain,

So it is written. Department of Foreign Affairs, now the De- Poindexter, Porter, Prentiss, Preston, Rob.

What good will it do to partment of State. That proposed to make

bins, Silsbee, Smith, Southard, Swift, Tomlin- | adopt this amendment? it is asked. Why, sir, the head of the Department removable at the

it will satisfy the country that this work is only son, Tyler, Wagerman, Webster, and Whitepleasure of the President. That was supposed

half done; at least that we are not more than 31, including, is it too much to say, not merely

half subdued to what is called the President's to raise the question of the President's power to the ablest men of that time, but some who have remove officers, and it led to a lengthy debate been ranked among the ablest of any time, either

policy; that something remains yet to be done. in the Administration of General Washing- in this country or elsewhere. In the negative

it will do something to convince the country ton, the first President of the United States. are recorded the names of Messrs. Brown,

that there is a little of the spirit which should, The decision was that the bill should pass, not

imbue an American Congress left still here in Buchanan, Cuthbert, Hendricks, Hill, Kane, withstanding those terms. The argument which

these Houses, which are daily visited by the.. King of Alabama, Knight, Linn, Morris, Robsupported the bill did insist upon the right of inson, Ruggles, Shepley, Tallmadge, Tipton, || polite,as I am glad to learn we habitually are,

messenger from the President; that although the President to remove officers generally, and and Wright—16. The vote is almost two to one that the power of removal was in the President. in number, denying this right of removal to the

we are not entirely subservient and obsequious,

nor slavish. It will do something to satisfy the But, sir, after all, I think any one who reads President, and in weight of character, force of that debate, I think it has been the judgment intellect, ability to comprehend-- I was going || yielding up with a most prodigal hand to meet

country that the revenues which the people are of American statesmen generally since I am to say something strong, but I am admonished not about to sum up their opinions, but I think || by a look of my friend over the way, [Mr. Mor

the demands, and the just demands, of the nait is the judgment of American statesmen who RILL,) and I will simply say quite two to one.

tion, are appropriated in accordance with the have considered the subject since the date of

best interests of the people, and to promote the

Mr. President, in the face of such a vote as that debate-that the weight of the argument,

great ends which induced them to yield them. that so recent as 1835, had, with full review of that the reason of the thing, was on the side the debate in 1789, which it is asserted here

Mr. President, there is a feature in this dis-, of those who denied this right of removal; and settled the whole question, I do not think it is

patch that I think demands especial notice. we cannot fail to know that the mere circum

We are informed in it thatfair or safe to say that this right in the Presistance that the executive office was then in the dent is a matter of fixed and established con

"The President seems to have realized that longer

forbearance with the enemies of his Administration hands of General Washington must have in- struction. Being firmly convinced myself that and its measures was working rank injustice to his fluenced the result of that debate very ma- the Constitution does not confer any such

friends, and to have realized the potency of the old terially. I do not know that the first Presi

party maxim, that' to the victors belong the spoils.' power upon the President, that it was never dent laid claim to any such power; but we all meant to confer any such power upon the

We are subsequently told that the ax is in know that it was not the habit of the Ameri- | President, that it is a power which he does

motion. The ax is in motion for what? To can people at that time to wait for him to lay not need, which he ought not to have, and hew down and appropriate the spoils to the claim to honors or to powers. They thrust which no one man can be intrusted with with || victors? Who are those victors that are gathhonors upon him; and if he had laid claim to

safety to the public service, I have watched ering in the spoils, and when and where did the shirt of every one of the men who voted this debate and I shall look for the vote upon

they achieve their victory? These questions to concede him this power of removal, I do the amendment with as much interest as I have ought to be answered. I cannot answer them. not doubt that every one of them would have

the attended upon any debate which has taken I know of no victory that the President stamped Washington's name on their garinents place and any vote which has been given in

United States has achieved since 1864, when in a moment. They were not in a mood to this Chamber. I concede the right of the the loyal hearts and the loyal hands of the Unideny anything that he asked for himself, or Legislature to vest this power in the President ted States elevated him to the second office in that was asked in his behalf. That was the if they see fit, but I want the Legislature to the gift of the American people. If he has decision, though made at that time and upon understand that if hereafter he exercises the achieved a victory since then I have omitted to that bill to create the Department of State. power it is not his fault; it is the fault of the read of it in the papers, and I have not been Since that the subject has been under debate. Legislature. He will exercise it if you permit || informed of it in any way. Who were those vicIn 1820 an act was passed entitled "An act him, beyond all question. I would if I were

tors that achieved that victory? I had a slight to limit the term of oflice of certain officers in his place. How he will employ it, to what

hand in it myself, and all my heart was in it. therein named, and for other purposes ;” the end he will employ it, it is not for me to say, I thought I was triumphant, and that the first section of which is in these words:

not for us to anticipate. If you want the Pres- nation was, when the choice fell on Andrew "Be it enacted by the Senate and House of Repreident to be clothed with this power, and to

Johnson instead of Mr. George H. Pendleton sentatives of the United States of America in Congress have the disbursement of these millions, say

of Ohio. When and how was this victory, which assembled, That from and after the passing of this act all district attorneys, collectors of the customs,

so; take the consequences; be manly about it; I thought I could safely hug to myself, changed naval officers, and surveyors of the customs, paval but do not let us refuse to pay an officer that

into a defeat? I have not changed it, nor con. agents, receivers of public moneys for lands, regis- we authorize him to appoint.

sented to the change of it, nor have I appointed ters of the land offices, paymasters in the Army, the apothecary general, the assistant apothecaries gen

But we are asked, what good will it do us to

the time when I shall consent to the change of eral, and tho commissary general of purchases, to be pass this amendinent? What is the object? | it. If spoils belong to the victors, I really subappointed under the laws of the United States, shall What is the inducement? I will tell you one mit that to the Union party, who have achieved be appointed for the term of four years, but shall be good that will come of it, I think. I find in a removable from oflice at pleasure.'

all the victories that have been achieved at all, recent paper a dispatch like this sent out from whether in the forum or on the field, since 1860, That is the first section of the act, and it is this city:

ought to have some share in these spoils. all I care to read. Why did the Congress of “Within a few days past a great change is notice

I think, Mr. President, much good, great the United States attempt to fix the tenure of able in the matter of executive appointments. The good every way, will come of the adoption of these officers? Clearly because they thought President seems to have realized that longer forbear- this amendment. You will improve the char

ance with the enemies of his Administration and its they had the power to do it. Why did they, in measures was working rank injustice to his friends, acter of the public service. The great, the the same act, confer upon the President the and to have realized the potency of the old party leading, the most delicate trusts which your right to remove these officers, any of them,

maxim, that 'to the victors belong the spoils. As a different statutes have created to be execated during this term? Clearly because they thought enough to call upon the President and solicit apconsequence, the radicals who mustered effrontery

by these oflicers will then be in honorable and the President ought to have the right and had pointments for their friends, received little reward honest and brave hands, and they will feel that it not. There can be no plainer declaration of

for their labors, and were treated to a plain exposi-
tion of his intentions for the future. They were told

they are secure in the possession of those the opinion of Congress that the Constitution in language decisive and unmistakable, that his

trusts. Refuse this and you will see every 39TH Cong. Ist SE3S.-No. 147.

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