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Yeas

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61

57

It was decided in the negative, {Nes

Two-thirds not voting in favor thereof.

The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are

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On motion of Mr. Sherman, at 4 o'clock and 40 minutes p. m., the House adjourned.

MONDAY, JUNE 25, 1860.

Reports from committees were delivered to the Clerk, under the resolution of the House of the 23d instant, as follows, viz:

By Mr. Reagan, from the Committee on Military Affairs, a bill (H. R. 859) making appropriations to enable the President of the United States to call into the service of the United States the regi ment of mounted volunteers authorized to be raised in the State of

Texas to protect the frontier of said State by the act of Congress of April 7, 1858; which was committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

By Mr. Pendleton, from the same committee, a bill (H. R. 860) for the better organization of the militia of the District of Columbia, accompanied by a report in writing thereon; which bill was committed to the Committee of the Whole House on the state of the Union, and the bill and report ordered to be printed.

By Mr. McRae, from the same committee, a joint resolution (H. Res. 47) in relation to the portable boat invented by Lieutenant Colonel Robert C. Buchanan, United States army; which was committed to a Committee of the Whole House, made the order of the day for tomorrow, and ordered to be printed.

By Mr. Pendleton, from the same committee, the bill of the Senate (S. 441) for the relief of the heirs or legal representatives of Jean Hudry, without amendment, accompanied by a report in writing thereon; which bill was committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed.

By Mr. Kenyon, from the Committee on Private Land Claims, the bill of the Senate (S. 107) to confirm the titles of certain purchasers of school lands in Kansas Territory, without amendment, accompanied by a report in writing thereon; which bill was committed to a Committee of the Whole House, made the order of the day for tomorrow, and the bill and report ordered to be printed.

By Mr. Webster, from the Committee on the Militia, a bill (H. R. 659) to provide for the appointment of a commission to ascertain and recommend a proper site for a national foundry, without amendment; which was committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

By Mr. Hughes, from the select committee on the subject of the tobacco trade, a report; which was committed to the Committee of the Whole House on the state of the Union, and ordered to be printed. A message from the Senate, by Mr. Patton, one of their clerks: Mr. Speaker: The Senate have disagreed to the amendment of this House to the 1st amendment of the Senate to the bill of the House (H. R. 503) making further appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860; further insist on their 3d amendment disagreed to by the House; ask a further conference with the House on the disagreeing votes of the two houses thereon, and have appointed Mr. Slidell, Mr. Thomson, and Mr. Hale the managers at the said conference on the part of the Senate.

The Senate have passed bills and a resolution of this House of the following titles, viz:

H. R. 337. An act for the relief of Elizabeth Smith, of Coffee county, Tennessee.

H. R. 557. An act to establish two Indian agencies in Nebraska Territory, and one in the Territory of New Mexico.

H. R. 818. An act for the relief of William A. Linn's estate.

H. Res. 41. Joint resolution to reduce the price of public printing. The President of the United States has notified the Senate that he did, on the 23d instant, approve and sign bills of the following titles, viz:

S. 30. An act for the relief of Sheldon McKnight.

S. 199. An act to authorize the location of certain warrants for bounty lands heretofore issued.

S. 295. An act for the relief of William B. Shubrick.

On motion of Mr. Colfax, by unanimous consent,

Ordered, That the House insist on its previous action upon the 1st and 3d amendments of the Senate to the bill of the House (H. R. 503) making further appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860, and agree to the further conference asked by the Senate on the disagreeing votes of the two houses thereon.

Ordered, That Mr. William A. Howard, Mr. Love, and Mr. Grow be the managers at the said further conference on the part of the House.

Ordered, That the Clerk acquaint the Senate therewith.

Mr. Samuel S. Blair, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills and resolutions of the following titles, viz:

S. Res. 31. A resolution explanatory of the 8th section of the act of Congress approved February 28, 1859.

H. R. 337. An act for the relief of Elizabeth Smith, of Coffee county, Tennessee.

H. R. 557. An act to establish two Indian agencies in Nebraska Territory, and one in the Territory of New Mexico.

H. R. 818. An act for the relief of William A. Linn's estate.

H. Res. 41. Joint resolution to reduce the price of public printing. When

The Speaker signed the same.

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The Speaker announced that he had appointed Mr. H. Winter Davis and Mr. John Cochrane commissioners on the part of the House "to examine into the organization, system of discipline, and course of instruction of the United States Military Academy, with a view to ascertain what modification or changes, if any, are desirable, in order that the academy shall best accomplish the objects of its establishment," under the act "making appropriations for the support of the army for the year ending the 30th of June, 1861," approved June 23, 1860.

A message was received from the President of the United States, by J. Buchanan, his private secretary, notifying the House that he did, on the 23d instant, approve and sign bills of the following titles, viz:

H. R. 339. An act making appropriations for the legislative, executive, and judicial expenses of the government for the year ending the 30th of June, 1861.

H. R. 807. An act to authorize the reissue of land warrants in certain cases, and for other purposes.

H. R. 511. An act for the relief E. George Squier, of New York. Also, two messages in writing; which were read, and are as follows, viz:

To the House of Representatives:

I have approved and signed the bill entitled "An act making appropriation for sundry civil expenses of the government for the year ending the 30th of June, eighteen hundred and sixty-one."

In notifying the House of my approval of this bill, I deem it proper, under the peculiar circumstances of the case, to make a few explanatory observations, so that my course may not hereafter be misunderstood.

Amid a great variety of important appropriations this bill contains an appropriation "for the completion of the Washington aqueduct, five hundred thousand dollars, to be expended according to the plans and estimates of Captain Meigs, and under his superintendence: Provided, That the office of engineer of the Potomac water-works is hereby abolished, and its duties shall hereafter be discharged by the chief engineer of the Washington aqueduct." To this appropriation, for a wise and beneficial object, I have not the least objection. It is true I had reason to believe when the last appropriation was made of eight hundred thousand dollars, on the 12th of June, 1858, "for the completion of the Washington aqueduct," this would have been sufficient for the purpose. It is now discovered, however, that it will require half a million more "for the completion of the Washington aqueduct," and this ought to be granted.

The Captain Meigs to whom the bill refers is Montgomery C. Meigs, a captain in the corps of engineers of the army of the United States, who has superintended this work from its commencement, under the authority of the late and present Secretary of War.

Had this appropriation been made in the usual form no difficulty could have arisen upon it. This bill, however, annexes a declaration to the appropriation that the money is to be expended under the superintendence of Captain Meigs.

The first aspect in which this clause presented itself to my mind was, that it interfered with the right of the President to be "commander-in-chief of the army and navy of the United States." If this had really been the case, there would have been an end to the question. Upon further examination I deemed it impossible that Congress could have intended to interfere with the clear right of the President to command the army and to order its officers to any duty he might deem most expedient for the public interest. If they could withdraw an officer from the command of the President, and select him for the performance of an executive duty, they might, upon same principle, annex to an appropriation to carry on a war a condition requiring it not to be used for the defence of the country unless a particular person of its own selection should command the army. It was impossible that Congress could have had such an intention, and therefore, according to my construction of the clause in question, it merely designated Captain Meigs as its preference for the work,

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without intending to deprive the President of the power to order him to any other army duty for the performance of which he might consider him better adapted. Still, whilst this clause may not be, and I believe is not, a violation of the Constitution, yet how destructive it would be to all proper subordination, and how demoralizing its effect upon the morale of the army, if it should become a precedent for future legislation! Officers might then be found, instead of performing their appropriate duties, besieging the halls of Congress for the purpose of obtaining special favors and choice places by legislative enactment. Under these circumstances I have deemed it but fair to inform Congress that, whilst I do not consider the bill unconstitutional, this is only because, in my opinion, Congress did not intend, by the language which they have employed, to interfere with my absolute authority to order Captain Meigs to any other service I might deem expedient. My perfect right still remains, notwithstanding the clause, to send him away from Washington to any part of the Union to superintend the erection of a fortification or on any other appropriate duty.

It has been alleged, I think without sufficient cause, that this clause is unconstitutional, because it has created a new office, and has appointed Captain Meigs to perform its duties. If it had done this it would have been a clear question, because Congress have no right to appoint to any office, this being specially conferred upon the President and Senate. It is evident that Congress intended nothing more. by this clause than to express a decided opinion that Captain Meigs should be continued in the employment to which he had been previously assigned by competent authority.

It is not improbable that another question of grave importance may arise out of this clause. Is the appropriation conditional, and will it fall provided I do not deem it proper that it shall be expended under the superintendence of Captain Meigs? This is a question which shall receive serious consideration; because upon its decision may depend whether the completion of the water-works shall be arrested for another season. It is not probable that Congress could have intended that this great and important work should depend upon the various casualties and vicissitudes incident to the natural or official life of a single officer of the army. This would be to make the work subordinate to the man, and not the man to the work, and to reverse our great axiomatic rule of "principles, not men." I desire to express no opinion upon the subject. Should the question ever arise, it shall have my serious consideration. JAMES BUCHANAN.

WASHINGTON, June 25, 1860.

Ordered, That the said message be laid on the table, and printed. To the House of Representatives :

In my message to the House of Representatives of the 28th March last I solemnly protested against the creation of a committee, at the head of which was placed my accuser, for the purpose of investigating

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