might organize State governments, and ordain that power were understood to comprehend || based upon it, that the participation of the State constitutions, while we are denied the the Senate, would be a violent presumption | Senate was an exception to a general prinhumble privilege of suggesting amendments in indeed. To conclude that they intended to ciple, and ought, therefore, to be strictly conthe interests of liberty, and denounced as no make it determinable at the mere will of the strued. better than tinkers'' -I was going to say tailors | President, either with or without cause, in view But even though the function were, in its

- by the minions and upstarts, the pampered of the extreme jealousy with which that de essence, an executive one, it does not then and insolent menials, who lick the royal hand, partment was regarded, is absolutely incred- follow that it was conferred on the President, and look up beseechingly for the "bread and | ible.

by the clause which vests the executive power butter" that are flung contemptuously into their I take it, therefore, that Congress may dis- in him, unless it can be held that all power hungry jaws.

pose of this question, even in the case of the that would be regarded as executive in EngIn default, however, of the arguments from superior offices, by defining the tenure and land, passed by the general grant—as it is inconvenience and necessity, is there anything changing the character of the estate, so as, in claimed to be-whether it was embraced within in the suggestion that this power of removal is effect, to substitute its own will for that of the the scope and purview of the Constitution or a part or incident of the power of appointment? || President, by giving to it the form of law, in not. Mr. Madison insisted that the clause in If there were, it would not help the case, accordance with the principles on which this question carried everything that was not either because the appointing power is nowhere lodged Government is founded. An executive. wilt expressly denied, or lodged in other hands. If in the President alone—the power to act dur. is only admissible in the case of a despotic it did, there is no prerogative of the British ing the recess being a mere authority to fill Government, of which it is the very essence Crown that might not be claimed for him, up vacancies ad interim-and the power to and expression. The “ sic volo, sic jubeo ; stet because there are no negative words to restrain remove, on this argument, could only be pro ratione voluntas," is not the maxim for a his powers. We must look, however, to the exercisnble in conjunction with the Senate. republican State.

Constitution itself in order to interpret the But the Supreme Court of the United States But there is another ground—the one as- intent of the grant-if it is to be so considered. has solemnly decided that there is, and has on sumed by Madison, and perhaps the only one It is bad logic to infer that anything passes by this point affirmed the opinion of the minority on which these royal pretensions have ever it that is not to be found in the Constitution at in the Congress of 1789. The case Ex relatione been plausibly defended—and that is, that the all, because that would enlarge the grant be: Heenan (13 Peters, 230,) which was that of the exercise of the power of removal, the same yond the purview of the instrument. If he had removal, by the presiding judge, of a clerk of being in its very nature an executive funetion, qualified his statement, by saying that it carried the district court of Louisiana, distinctly rules. | falls necessarily within the meaning of that everything within the scope and spirit of the that, in the absence of all constitutional provis- || clause of the Constitation which declares that | Constitution, that was purely executive, and ion, or statutory regulation, it is a sound and “the executive power shall be vested in a not denied expressly or by implication, he would necessary, rule to consider the power of re- President of the United States;'' that all have conformed to a rule of construction, that moval as incident to the power of appointment. executive powers not denied or lodged else- in the search for truth is universally recognized, The removal there was by the judge who ap- where, are thereby vested in the President; || and absolutely essential to light up the devious pointed. Upon the theory of the majority the and that every participation of the Senate is passages and darkened chambers, that so often power would have resulted to the President. an exception to a general principle, and ought perplex the inquirer in the exploration of the And here I might rest the argument with to be taken strictly.

meaning of the lawgiver. There was no more those who stand upon authority, and are

This argument assumes, in the first place, that reason for excepting an express denial than an to accept a judicial opinion in the place of a the power of removal is essentially an execu- implied one, and no excuse for the omission legislative precedent.

tive power, as I understand it to be just now when he was arguing the case of an implied or But assuming that this power is but an inci asserted by the Attorney General to be. I inferential power. But to infer the existence dent, and so belonging to the Senate, in con- know no reason to warrant the assumption. | of that power from language so general, withjunction with the President, it is not only Whether it be so or not, will depend, I sup- out reference to the context, or the subject-matinsisted that where no tenure is prescribed, the pose, on what the Constitution makes it. There ter, and in the face of an express provision officer must necessarily hold at the will of the is nothing in the act itself, that decides it to be pointing out the method of impeachment, is appointing power, but assumed that no other a ministerial function only. It involves the something in the way of argument, that not even tenure is admissible.

exercise of a discretion that does not belong the deservedly great reputation of Mr. Madison It is not necessary, however, that the tenure to ministerial officers. So far as the Consti- himself can commend to the favorable judg. should be indefinite; and it is perhaps not safe, tution makes provision for its exercise, it gives ment of a disciplined logiciau of the present and not strictly in harmony with the spirit of it a judicial character entirely. True to the day. our institutions, to leave it so, if the power idea on which our institutions rest, it leaves It seems to have been considered, however, claimed resides with the President, and may nothing here to the mere will of the Execu- that the power of removal was conferred by a be exercised without cause, or without other tive. No man's fortune is made dependent | sort of necessary implication, because the Presireason than the want of personal subserviency on a caprice that would make him a slave. dent is the responsible head to whom all others to himself.

If an officer is to be removed, it declares in are subordinate, and bound by his oath for the The Constitution looks to the creation and what manner it shall be done, and that it faithful execution of the law, and that the power establishment of all offices under it by the act shall be only on sufficient cause, and with the was incidental to the duty, and might be requiof the law-making power, and in no case but || privilege of an impartial bearing, which this site for its fulfillment. that of the judges, and appointments made to bill is intended to secure. To infer, as seems

Whether this much-talked of responsibility fill up vacancies ad interim, undertakes to to be imported by the argument, that it is an of the President amounts to anything in pracprescribe the tenure by which they are to be executive function, merely because the officer | tice, or can be held to go beyond an honest held. But the power to create an office involves, || who is the subject of it may happen to be an endeavor on his part to see that the laws are of conrse, the power to determine upon its executive officer, would he the most inconse- faithfully executed, so far as he is endowed with duration and duties, to say what it shall be and quent of conclusions. If it were true, then the | the means of enforcing them, is more than can when it shall expire; the power, in short, to election or removal of a President, or a Con- be safely assumed, and more, I think, than any make all laws which may, in the judgment of gressman, or a judge, would be an executive, || friend of the Executive would care to affirm. Congress, be necessary and proper for its reg. legislative, or judicial act, according to the It does not, however, follow, ex necessitate, that ulation, including the period of service and the quality of the subject with which it had to although there were a failure of duty on the causes of removal. I know no limitation on the deal, and without reference to the manner part of the officer, the power of removal would power of Congress here, except in the assign in which the act might be performed. It is then belong to him either qua Executive, or ment to the President, in all cases but those of the manner of performance, however, that as general residuary legatee or trustee under inferior offices, of the right to nominate, and, is to determine the character of the act. It the Constitution. It is neither essential for by and with the advice and consent of the Sen- | is a possible case, I suppose, that a man may desirable that the officer should be responsible ate, to appoint. Whenever an office is created be legislated out of office, by repealing the law to him, or subject to bis will. This would be of the superior class, that power devolves, under creating it, or making the tenure dependent to turn the faces of the public servants in the the Constitution, upon him, and cannot, of on the will of Congress. Clearly a circuit or direction of the President, just as the fire wor course, be taken away. But with this excep- a district judge may remove the clerk whom he shiper salutes the opening glories of the king of tion only, and the cases of judges, and of ap- | has appointed, because that power is held today, or the sun-flower is supposed to “ swing pointments to fill vacancies, their jurisdiction bean incident of the power to appoint, wherever the circle of the horizon in adoration of its over the subject is absolute. If there be any. the tenure is indefinite; but nobody has ever God. There is a responsibility to the law, as thing to restrain or limit it beyond this, it claimed that the President can do it, or would there is a way of removal indicated by it, which behooves those who so assert to show where I think of calling the act an executive one. If is in nowise dependent on the executive will, it is to be found.

Mr. Madison and the Attorney General were that holds the officer to the performance of his It is a fair inference from the provisions just right, however, in claiming it as an essentially duties, and is the only practical security for those reeited, that the framers of the Constitution executive function, the decision in ex parte | who are interested in it. Any other is more intended to leave the question of official tenure Heenan was erroneous, and the power belonged | imaginary than real, so long as it is enough for in all other than the excepted cases to congres- to the President alone.

the President himself to say that he is irrevonalregalation. To suppose that they designed If, however, the assumption, that the power | sponsible because he is without power in the it to be indefinite, and therefore determinable of appointment or removal was a purely execu- premises. He would be equally so in effect at the mere will of the appointing power, and tive one, was without warrant, as I think it was, with all the power that he claims. wahoat responsibility for abuse, even though ll there is an end, of course, to the argument say that he wants more than the Constitution

He may

zen.

intended to give him, that it is our interest sentiment. Since that time, and especially peace with neighboring States? Without the that he should be gratified, and our necessity after the lapse of the first forty years, it is not power to reward his favorites, by putting a gold that he should be enabled to do our work; to be denied that the patronage of the Govern- chain about their necks, and lifting them to the and a facile Attorney General, holding his own ment has more than once been brought in con- highest places in the kingdom, where was that place by what he regards as the necessary flict with the freedom, not only of elections, but spoil-engendered and spoil-inspired array—that tenure of executive pleasure, will be always of opinion. It was reserved for us to hear it formidable shapefound to attribute to him-all he covets, upon | publicly and defiantly declared, for the first time “If shape it might be called that shape had none the convenient plea of an overruling public in our history, to be the settled intention of the Distinguishable in member, joint, or limb, necessity. He will do this naturally, because Executive to use the patronage we gave him

Or substance might be called that shadow seemed"he sees no power in the state, except the one ay, to foot the objects of his predecessor's

" the National Union party?” Who is under whose shadow he reposes. If he can. trust, as he “would spurn a stranger cur, over there, in that case, of all the menials who not torture the Constitution into a grant of his threshold"--for the purpose of overruling have reëchoed the classic objurgations with it, he will raise an incidental authority out the judgment of Congress, and bending the which the representative body of this nation of a supposed necessity, for the fulfillment of whole nation to his will; and the results of has been assailed, that would have been so a general duty. The framers of the Constitu- the elections in Philadelphia and New York, so poor to do their author reverence? What else tion supposed that it might require an express happily overruled by the healthful influences than the abject servility that flatters and ingrant even to the legislative department, to of the country, show that it was no idle menace toxicates-unless it were the Providence that make such laws as might be necessary and on his part.

sent out Pharaoh with his captains in the purproper for carrying into execution all the pow- But what avails either the supervisory power suit of the fugitives of Israel-could have iners vested in the Government. But they did of the Senate, or the remedy by impeachment, || spired the royal progress and the royal speech, not stop here. They looked to legislation only which was relied on by the Congress of 1789, and launched its victim on that crusade which to supply the needs of the other departments, as against a high delinquent who holds the spoils ended so unhappily for himself? May I not and provided them an auxiliary in Congress of a nation in his hands? Has the constitu- ask, "Upon what other meat has this our Cæsar to aid them in the execution of their duties. tional brake been put down even where it might | fed that he is grown so great?” Pass this bill, They have done away, therefore, with the ne- have been? And if it were, how is it to help us, and the bloated and exaggerated power that cessity of a resort to incidental powers in the when the jurisdiction of the Senate is ousted now “bestrides this land like a Colossus, Executive. If there is a casus omissus in the by the many ingenious devices of tyranny, that and bids us all “' to hide between its legs and law it is for Congress to apply the remedy. || have found a ready support in the opinions of find ourselves dishonorable graves,'' will sink But it required no constitutional provision for the law officers of the Government? May it down at once into its constitutional and healththis purpose. Every Government has the in- not be said with truth, and without offense, that ful proportions. Pass this bill, and you may herent, because necessary, power of regulating the Senate itself has tacitly countenanced, if dispense with the dead letter of the impeachthe tenure and conduct of its own officers, and not approved, removals for opinion's sake-the ing power, because no future President will displacing them at its own will, except where very offense that would have warranted an then presume either to depose, or ignore the it is expressly forbidden by its fundamental impeachment, in the judgment of the Congress legislative authority of this nation, or to law. If the law is silent or defective it im- of 1789-by confirming nominations made obvi- refuse obedience to the high behests of the peoports no surrender of so important a function, | ously on no other grounds? What, then, àreple, as expressed through their Representaand no lapse to the executive magistrate. we to hope from the slow and doubtful and, tives. Heed not a vicious precedent, as big with

But what is there at last in the clause that || perhaps, obnoxious process of impeachment, ruin as the primal fault, the plucking of the vests the executive power in the President? where the criminal is a President, and a vote fruit, “whose mortal taste brought death into Nothing more than in the corresponding clauses of two thirds is required to convict? If you the world.” What though the Fathers may have that vest the legislative power in Congress, and would impeach successfully, you must strip erred, as did the first? Their fault may be rethe judicial in the courts. In any sense, it is him of his power over the fortunes of the citi- | paired. It is of no consequence to us what the but a distribution or assignment to each of these No glittering bauble must be allowed to Congress of 1789 may have decided, or what departments, of its appropriate share of the || dazzle the vision, or tempt the cupidity or the any of their successors may have acquiesced powers actually conferred on the Government ambition of either the prosecutor or the judge. | in, if they were wrong, and the life of the by the Constitution. To say that this is in the No army of stipendiaries must be allowed to nation has been imperiled by their error. The nature of a grant that passes all power that may surround his person and depend upon his will. | public interests, the safety of the State, the in any sense be regarded as executive, whether | Invested with all these imperial prerogatives, sentiments of the people, all demand some conferred by that instrument or not, is some- and backed by the power of the sword, another measure of the kind which this bill proposes; thing in the way of construction, that can find President, with more discretion and wiser coun- and this Congress will fail in its duty, and disno more favor with the statesman than with selors, may threaten the public peace, and appoint the just expectations of its constituthe lawyer. In an absolute inonarchy, where threaten it more successfully, by flinging him- ents, if it adjourns without providing it. Rejeet everything depends upon a single will, all self into the arena, with an array more formi- || it, and the golden opportunity-the ebb of the powers may be said to be executive, because dable than either the Household Swiss or the tide that has gone back under the earthquake there is no law but that will, which judges and || incipient Prætorian guard who lately mustered shock of the ballot-box, and now invites you executes itself. It will hardly be contended on the royal summons, and disputing with you to build up a dike that the returning waters that the clause in question was intended to the mastery of the empire.

shall never overleap-is gone, perhaps, formake the will of the Executive so large a part Have not the people been already told by

It is not often that a President comes of the administration of this Government. the Executive himself that we were too lavish in with that kind of courage which is required

Is it truē, then, that upon such a case as this, ll of our confidence, and that they owed it to his for the betrayal of his party and his country, a mere acquiescence, or even a vicious prac- forbcarance and humility alone that he had not or the abandonment of the principles and tice of three quarters of a century, is to can: accepted the crown, and endued himself in the pledges on which he was elected. It has never onize a doctrine that is so manifestly in conflict | purple that we had offered him? Have they happened before-and perhaps never will again with the spirit of our Government, and the very not been asked by his chief adviser whether —that the party so betrayed has been honest letter of our Constitution? I have asked on they would have him for President or King? || enough, to fling the offices of the Government another occasion-I now repeat the question- || Reduced to his constitutional nakedness, he is behind it, like the temptation in the wilderness, what is a century in the life of a State? What | still formidable enough, but not so formidable and strong enough, and courageous enough, would be thought, moreover, of a constitution.:) as to endanger our liberties. What is he with- to grapple successfully with the hydra it had amendment, or a declaratory law, broadly enu- out the use of the unrestricted patronage that unwittingly engendered. ciating and establishing the doctrine, that this he commands ? But for that, is it within the The people are now here in their unclouded President may appoint and remove all officers range of probability that any Executive would power. They have taken the Government into whose tenure is not made by the Constitutio, have ventured to insult and defy the loyal peo- their own hands. They have rebuked and dependent on good behavior, of his own un- ple of the nation, by denouncing its high legis- trodden down the arrogant pretensions of the assisted volition, and without regard to the lative council-the constitutional depositary of Executive. They have stricken the veto dead merits or defaults of the objects of his bounty | its will--as a body of usurpers—" traitors on in his hands. They have declared that he shall or his displeasure? Would Congress or the the other end of the line''-in actual rebellion not stand at your doors to arrest your legislapeople agree to such a proposition? And yet | against the South, and proclaiming that it was tion, as he has publicly threatened that he would this is precisely what is now claimed for him, to his self-denial only that they were indebted do. They have degraded him, for the time and what he is now actually doing, on the for the preservation of their liberties? But for being, from your associate in council, to the hypothesis of .a Cabinet minister, that the the prestige which it gives him, who would mere minister of your will. It is their high offices of the Government, as the rightful have thought it necessary to inquire whether and irreversible decree, that the public servant appanage of the Crown, are his property, and the President would recognize the next Con- who presumed to deny their jurisdiction and those who fill them were intended to be the gress, or submit to the public will, or favor the yours, over the most momentous question of mere creatures of his will.

When it was suggested in the debate of 1789, the rebel States? If he were indeed the "hum disposed of it, and then execute your judg. that this enormous power might be thus abused | ble individual” we have so often heard of, who ment in good faith, whether it be agreeable to the destruction of our liberties, the answer would send, or who would listen to the daily to him or not. They have now reviewed and was, that this was impossible, and would consti- bulletins announcing royal conferences upon reaffirmed their decision of 1864, and again tute a clearly impeachable offense, if done, and the settlement of the nation, or imperial re- instructed you to enact such laws as you may upon this point there was apparently no divided solves upon the great questions of war and think proper, and to see that they are hon

ever.

a

A

1

a

estly enforced, or that the impediment is re- gon, the committee propose to consider, and | impeachment? I find, also, that no provision moved. Pass this bill, as the first in the order upon examination of the whole subject to pre- is made excepting the heads of Departments of necessity, and the residue of the work will sent their views to the House in the shape of from the operation of this law. I apprehend be of easy accomplishment. Reject it, and a bill as the result of their conviction of the that very few of the members of the commitposterity will grieve that the courage which had necessity of some such legislation. I ask, tee would desire to deprive an incoming Pres. Ponquered treason twice was not seconded by therefore, that this motion may be reconsid-ident of the opportunity of choosing his conthe spirit that might have shorn its locks, and ered with a view to referring the bill to the stitutional advisers. I mention this for two bound it in everlasting chains.

select committee on retrenchment, promising | purposes: one is to ask that the amendments We make history to-day. The classic Muse that they will make a very early report-prob- || be printed, and the other to suggest for the who looks down from her pedestal on this | ably within the next forty-eight hours. consideration of the committee the two points Chamber, stands ready, with uplifted style, to Mr. STEVENS. I do not see what this I have made in relation to the measure. write the chapter that is to record the doings committee has to do with this bill at all. I Mr. SCHENCK. In behalf of the comof this session. It behooves us to see that the think we had better, while we have hold of it, mittee on retrenchment I do not wish to be judgment of a nation is not made void by || kcep it. It is in good hands, and I hope it very tenacious about this matter, but I cannot the faint-heartedness of its Representatives. will not be put in worse.

see that the proposition which I have made is There is no time now for dalliance with the Mr. SCHENCK. I do not pretend to make in any respect improper. After this bill was power that we have conquered. No gentle a comparison between the merits or capability reported by the Committee on the Judiciary, speech," no candy courtesies," no dull obliv. of this committee and my friend from Penn- this House concurred with the Senate in raision of the pregnant past, befits the crisis that | sylvania ; but as to the authority upon which I ing a joint-select committee, consisting of is on us now. We have just trodden the wine- act, I beg leave to read it to the House. We three Senators and five members of this House, press of Revolution, to encounter at its closing were instructed." to consider the expediency to which, by express provision and description doors the bloodier form of Anarchy, while the of so amending the laws under which appoint- | of the service in which that committee was to antamed fiends of the rebellion, their appetites | ments to the public service are now made as be engaged, they intrusted the authority of inflamed and their hands dripping with the to provide for the selection of subordinate offi- considering and reporting upon this whole blood of the martyrs, laughed-as none but the cers after due examination by proper boards, matter. This justifics, at least, the motion damned could laugh-at the rising vision, but their continuance in office during specified that I have made. dimly foreshadowed by the St. Bartholomews terms unless dismissed upon charges preferred The select committee, although it may be of Memphis and New Orleans, of the opening and sustained before tribunals designated for inferior to the Judiciary Committee, think that of another seal, which should turn our rivers that purpose; and for withdrawing the public from the testimony taken by them during the into blood, and visit upon us and our children service from being used as an instrument of recess, they obtained some light for their guid. more than apocalyptic woes. political or party patronage.”'

ance to enable them to legislate wisely and well Over that precipice of ruin this nation has In short, this whole subject is by express upon this subject. They may be mistaken in hung trembling for the last few months. The provision referred to that particular commit- their views. There may be a difference between virtue and intelligence of a free people, inspired || tee. They were to take testimony in respect their views and the views of other gentlemen and directed by the providence of God, have to what has been done in the nature of abuse upon this subject; but a bill of this kind ought bridged the fathomless abyss that yawned before under the law as it now stands, and are en- to be very carefully prepared. The select comus, and saved us from the horrors of this second | gaged in the consideration of the subject with mittee took up this subject at its first meeting death. We can now look back and measure all these various bills before them, and hope this session ; they were engaged in its consid the danger, and detect its source. We know its to be able to report in forty-eight hours such a eration this morning, and they have determined cause. Executive usurpation — despotic will-. || bill as will provide a remedy for the evil. That to take up the subject again to-morrow, when encouraged and reënforced by the unlimited | is my answer to the gentleman. This should they hope to complete it. command of all the offices of the Republic, be referred to that committee, simply because In the course of this work we have considand all the corrupting influences which they they have been intrusted with the whole sub- ered five or six bills on this subject now pend. can employ, is written in flaming characters | ject and have been at work during the greater | ing in this House and the Senate, endeavoring upon every rock that has threatened us with part of the vacation since the last adjournment out of the whole to select whatever was good, shipwreek. This giant power must be abridged in looking into the entire matter.

whatever was best expressed, and by a combiif our peace is to be maintained, and our liber- Mr. STEVENS. Iunderstand this bill comes nation of the matter which seems best, to preties made sure. The time is now to put a hook from the Committee on the Judiciary, having | pare a bill which shall meet the approval of in the jaws of this leviathan that has tempested | been reported by them at the last session after

both the House and the Senate. We have the waters, and moor him to his proper place great deliberation, and, as some of us thought. endeavored to discharge our duty according to under the Constitution. If we fail, the evil very unnecessary delay. It ought to have been the instructions of the two Houses. It is said will go on swelling in volume, and accumulat- || passed before this for the purpose of stopping now that this bill is as good as it can be made ing a resistless momentum as it flows, until the some of the evils that have already taken place. and ought at once to have the action of the one-man power, become all in all, enthroned in The bill is now before us and open to amend- House, and yet at the same moment we are solitary state, like some volcanic peak, shall ment, and I hope it will not be referred to any told that it is defective and that several amend. tower aloft, uncontrollable and supreme, over other committee.

ments have been prepared and will be offered a nation of slaves.

Mr. WILSON, of Iowa. I will state in re- to it, and then, the chairman of the Judiciary Before the conclusion of the above remarks, | gard to this bill that it is the purpose of the gen- Committee tells us, it will be perfect. Mr. WILLIAMS's hour having expired, on motion tleman from Pennsylvania, (Mr. WILLIAMS,] Mr. WILSON, of Iowa. I will observe to of Mr. SHELLABARGER, by unanimous consent, who has charge of it, to propose sundry amend- the gentleman who is at the head of the com his time was extended.

ments, one of which is to strike out the third mittee on retrenchment, that the chairman of The SPEAKER. The question is on the section of the bill, and substitute therefor two the Judiciary Committee has not made any such. motion to reconsider. other sections which he has prepared, and

claim.
Mr. WILLIAMS. I desire to say now' to which have the concurrence of the committee. Mr. SCHENCK. I do not happen to be at
the House, with their consent, I will ask for a I have also an amendment which I shall offer the head of the committee on retrenchment,
vote on the motion to reconsider. I do not at the proper time, and it seems to me that but am only by the concurrence of my col-
propose to urge the passage of this bill with with these amendments we will present to the leagues put forward to make this motion. I
any unnecessary rapidity. It is a matter of House a very perfect measure, as much so only quoted the expression of the chairman of
great consequence and requires careful delib- | perhaps as any committee could present. It the Judiciary Committee, who said that the
eration. I demand the previous question. is not the purpose of the gentleman from Penn- amendments proposed would make the bill

Mr. SCHENCK. I ask the gentleman to | sylvania to urge a final vote upon this bill now, perfect.
withdraw the demand for the previous question. but it seems to me that the better course will Mr. GRINNELL. He said he hoped the
Mr. WILLIAMS. With pleasure.

be to keep it in the House until it is perfected | amendments would make the bill perfect.
Mr. SCHENCK. If the motion to recon- here, and then pass it without any delay. It Mr. SCHENCK. Well, he said he hoped
sider prevails, I desire then to submit a mo- was first the intention of the gentleman from the bill would be perfect. I give the qualifi-
tion to refer this bill to the joint-select com. Pennsylvania to ask a recommitment of the cation. I do not wish to misrepresent the
mittee on retrenchment. This whole subject || bill. I think the amendments would be agreed gentleman. I do not know that we shall be
was expressly referred to that committee, and to if presented before the House, and I think able to make a perfect bill. The only claim I
they have been engaged all of the present we may as well consider the bill now. I hope, ll make is that out of all the material before us,
morning and have adjourned to resume the therefore, the bill will neither be recommitted and with the amount of labor we have expended
work to-morrow morning, in preparing a bill to the Committee on the Judiciary, nor to any upon it, we think, if the House means to sus-
on the subject. They have before them the other committee, but that we may have final tain the committee to which they intrusted this
bill introduced by the select committee on the action upon it without unnecessary delay. whole subject, and that, too, after this bill was
civil service, at the head of which is the gen- Mr. KASSON. I wish to inquire of my reported by the Committee on the Judiciary,
tleman from Rhode Island, [Mr. JENCKES,] colleague whether, by the proposed amend- it would be well perhaps to allow us to have
who is also a member of the joint committee ments, any change has been made in the first formally and officially before us whatever may
on retrenchment, and they have before them section, which seems to conflict, unintention- be in this bill, in order that we may report
also a bill introduced by the gentleman from | ally of course, with the Constitution where it upon it along with the other matters which we
Pennsylvania, (Mr. BROOMALL.] These bills, || says that no officer shall be removable except have under consideration.
together with one which is now pending in the by the same agency which concurred in his Of course we shall avail ourselves of what
Seriate, introduced by the Senator from Ore. Il appointment, not seeming to contemplate any this bill contains, even if it is not formally

ei

referred to us. And if we can complete a bill hold their offices respectively for the term of four peachmentor otherwise, shall be sentenced to removal better than anything contained in any other

years, unless removed by the President, by and with from office, and shall pay to the United States a sum

the advice and consent of the Senate, and shall ser- equal to the amount of moneys so paid or received, one bill—and we find something good in them

erally nominate, and by and with the advice and con- to be recovered, with costs, by action of debt, in the all-we can move it as a substitute for this or sent of the Senate appoint, all their assistants and name of anybody who may institute such action, for any other bill under consideration. But I other officers within their respective Departments, to the use and bencfit of the United States. think it would be more regular to refer each by them, with the concurrence of the Senate. hold for the like period of four years, unless removed

Mr. WILLIAMS. I now move that all the bill upon this subject to the committee spe

Mr. WILSON, of Iowa. I desire, whenever

amendments be printed, and that the bill be cially charged with its consideration. And in contrast with the obstinacy exhibited in relait may be in order, to offer an amendment, to

postponed, and made a special order for totion to this bill-I do not use the word “obstiinsert the following as a new section:

morrow morning, immediately after the read

ing of the Journal.
nacy'' in any offensive sense-let me state

That any officer of the Government of the United
States, who shall appoint or commission any person

The motion was agreed to.
that the gentleman from Rhode Island, (Mr. to an office, in violation of the provisions of this act,

MORNING HOUR.
JENCKES) is himself the chairman of a com- shall be deemed guilty of a misdemeanor in office,
mittee to which this subject was specifically in-

and on conviction thercof, by impeachment or other- The SPEAKER stated the morning hour

wise, shall be dismissed froin offico. trusted, and has reported a bill from that com

had commenced, and the first business was the mittee which is now pending. But he is per

I will suggest to the gentleman from Penn- call of committees for reports.
fectly willing that his bill should go to the com-
sylvania [Mr. Williams] that these amend.

CRIMINAL CASES.
mittee to which this whole subject was com-

ments be printed, and the bill postponed until mitted, and I commend his example to other

to-morrow, when we can have all the amend- Mr. LAWRENCE, of Ohio, from the Comgentlemen who are interested in this subject.

ments before the House. In the mean time mittee on the Judiciary, reported back House Mr. STEVENS. I understand the vote has the committee on retrenchment may have their

bill No. 635, to amend an act regulating pronot yet been taken upon the motion to recon

bill prepared, and may present it as a substi ceedings in criminal cases, and for other pursider. tute for this bill. We then can have the whole poses, approved March 3, 1865, with an amend

ment. The SPEAKER. It has not. The Chair | subject before the House, with all the different

propositions. will state the question before the House. On

The bill provides that on the trial of any the 11th of June last this bill was reported

Mr. SCHENCK. I will state that the sug

offense in which the right of challenge to jurors

now exists the defendant shall be entitled to from the Committee on the Judiciary, ordered gestion of the gentleman from Iowa is a very

only two peremptory challenges; provided that to be printed, and recommitted. The gentle acceptable one, because we think the commitman from Pennsylvania [Mr. WILLIAMS) en

tee on retrenchment will be ready to-morrow | nothing herein shall apply to the trial of treatered a motion to reconsider the vote by which to report a bill as a substitute for all these son or capital offenses.

The amendment of the committee was to the bill was recommitted; which motion he propositions. has now called up for the action of the House.

The SPEAKER. If there be no objection, strike out “two” and insert " four.'' If the motion to reconsider shall prevail, then it will be understood that by unanimous consent

The amendment was agreed to; and the bill the question will recur upon the motion to the various amendments suggested by different

as amended was ordered to be engrossed and recommit; which motion will be amendable. gentlemen may be presented now to be printed read a third time; and being engrossed, it was should the House desire it, so as to refer the with the bill and to come up to-morrow in reg:

accordingly read the third time and passed. bill to any other committee. ular order.

Mr. LAWRENCE, of Ohio, moved to recon

sider the vote by which the bill was passed; Mr. WILLIAMS. It may be considered

There was no objection. ung cious in me, having already occupied so

Mr. KASSON. The amendment which I

and also moved that the motion to reconsider much of the time of the House, to call the pre

suggested a Tew moments ago, is as follows: be laid upon the table.
vious question at this time. But I understand
Strike out in the fifth and sixth lines of the first

The latter motion was agreed to.
section, the words, "by the same agencies which con-
that the previous question, if seconded, will

QUALIFICATIONS OP JURORS.
curred in his appointment," and insertin Jieu thicreof
exhaust itself upon the motion to reconsider. the words, "by virtue of impeachment, or by the Mr. LAWRENCE, of Ohio, also from the
The SPEAKER. The gentleman is correct.

President, with the consent of the Senate;" so that
the clauso will read:

same committee, reported back House bill No.
Mr. WILLIAMS. As there will be ample That no officer of the United States appointed on 418, in relation to the qualifications of jurors
opportunity for discussion after that motion the nomination of the President, by and with tho ad- in certain cases, with a substitute.
shall have been disposed of, I will now call

vice and consent of the Senate, shall be removable
except by virtue of impeachment, or by the President,

The bill provides that in trials for treason
the previous question.
with the consent of the Senate.

against the United States, and in trials for all The previous question was seconded and the Add at the end of the first section the following: other high crimes and misdemeanors against main question ordered; and under the oper

And provided further, That the provisions of this

the United States committed by organized milact shall not apply to the removal and appointment ation thereof the motion to reconsider was of the heads of tho several Executive Departments. | itary force, with strong hand and by multitude agreed to. The question recurred upon the motion to

Mr. STEVENS. I have an amnendment of people, no juror shall be, by reason of having which I desire to offer. It is as follows:

formed or expressed an opinion of the innorecommit the bill.

cence or guilt of the accused, based upon public Mr. SCHENCK. I move to amend that

Amend the second section by striking out in the fifteenth and sixteenth lines the words, "the same

rumor, statements in public journals, or the motion so as to refer this bill to the joint com- oflice for which he had been previously nominated," common history of the times, provided he be mittee on retrenchment.

and inserting in lieu thereof the words “any office;" otherwise competent, and upon bis oath declare, Mr. WILLIAMS. Would it be in order for

so that the clauso will read:
And in no caso shall any person who has been nom-

and it appear to the satisfaction of the courts
me now to withdraw the motion to recommit? inated by the President for any osce and rejected by that, notwithstanding such opinion, he can and
The SPEAKER. It would, and then the the Senato, or on whose nomination that body has
failed or declined to act in the way of consent or

will impartially try the accused upon the crime motion of the gentleman from Ohio, (Mr. refusal, be appointed or comunissioned by him after

charged in the indictment, and a true verdict SCHENCK,] being in the nature of an amend- the adjournment and during the recess of that body give upon the evidence to be produced upon ment, would fall. to hold any office.

the trial. Mr. WILLIAMS. I withdraw the motion to Mr. HALE. I propose to amend the amend- The substitute was read, as follows: recommit. And now I move to amend by strik- ment of the gentleman from Pennsylvania [Mr. That upon the trial of any person charged with treaing out all of section three after the enacting WILLIAMS] by striking out, in section four, after

son, or with setting on foot, assisting, or engaging clause, as follows: the words shall severally nominate and," the

in any rebellion or insurrection against the author

ity of the United States or the laws thereof, or with That no office shall be considered as inferior, words " by and with the advice and consent of giving aid and comfort to any person engaged in any within the meaning of the Constitution, the salary the Senate;'' so as to provide that the heads

such rebellion, or with engaging in or giving aid and and emoluments whereof exceed in amount the sum

comfort in any rebellion or insurrection, whether of $1,000 per annum; and in all such cases tho ap

of the Departments shall "severally nominate such crime shall have been heretoforo or may hcropointments thereto shall hereafter he made on nom- and appoint all their assistants and other offi- after bc committed, if any juror or jurors. in such ination by the President, by and with the advice and cers,'' &c. I think that the terms of the gen

case and under examination as to bis eompetency consent of the Senate, subject to the same conditions

as such juror, shall state that be bas formed and and limitations as to removals and renominations as

tleman's amendment in its present form are expressed an opinion as to the guilt or innocence of aro prescribed in the foregoing sections of this act. inconsistent with the provisions of the Consti- the accused and shall be objccted to for that reaAnd I move to insert in lieu thereof the fol- tution in regard to appointments to oflice.

son, the court shall thereupon proceed to examine Mr. GARFIELD. I desire to inquire of

said juror as to tho ground of his opinion, and if it lowing:

shall appear to have been founded on reading nettsThat whencver a vacancy in any office, happen

the gentleman from Pennsylvania, (MÎr. Wil- paper reports or upon rumor or hearsay, and not ing during the recess of the Senate, may have been LIAMS,) who has charge of this bill, whether upon conversation with witnesses of the transaction filled up by the President in accordance with the the amendment which he has offered makes it

or hearing them testify, and the juror shall say he provisions of the Constitution, by granting a com

feels able, notwithstanding such opinion, to render mission to expire at the end of their next session,

a misdemeanor for any disbursing officer to an impartial verdict upon the law and evidence, the it shall be the duty of the President to make a nomi- pay persons who are appointed to office in

court, if satisfied that said juror will render such nation for the said office before the end of the next

impartial verdict, may in its discretion admit such violation of the provisions of the bill. ensuing session of that body; and in case of the nom

juror as a competent juror in such case. ination of any other person or persons than the one

Mr. WILLIAMS There is nothing of that SEC. 2. And be it further enacted, That the several so commissioned, and the refusal of the Senate to kind in my amendment.

a

derstand is an amendment, coming from the tions in making any changes in regard to our sort of authority to the President or to anybody committee, to the original bill. legal tribunals. While crimes ought to be pun.

else. I think we have a sufficient number of The SPEAKER. A substitute.

ished and criminals brought to justice, I think | pension agents already established. And I Mr. LE BLOND. I would ask my colleague | it is better that they should be tried by no new am entirely indisposed to grant this further if it has been printed.

law, no new qualification. I hope the gentle power to the President. I shall therefore Mr. LAWRENCE, of Ohio. The substitute man will let it go over till Monday, and have it move to strike out that part of the bill. And reported by the committee has not yet been printed.

I'will also move an amendment to the proviso, printed. I will state, however, for the infor- Mr. LE BLOND. I believe the previous

so that it shall be the duty of the President to mation of my colleague and the House, that question has not been seconded, and if not, I send into the Senate the names of all the pen. the first section of the bill, or rather of the will move that the bill be laid upon the table sion agents. There have been many removals substitute, is copied substantially from the law and printed

during the past season of the most trustworthy, of Ohio regulating the qualifications of jurors. Mr. WILSON, of Iowa. Oh, no; not laid | pension agents we have, and most objectionaThat law my colleague is familiar with. It has upon the table ; let it be printed.

ble men have been appointed to their places. been recently sustained by a decision of the Mr. LE BLOND. Let it be postponed and In my own State a pension agent was removed, supreme court of Ohio, in the case of the State printed.

and probably the most objectionable man in the vs. Cooper, decided at the last term of the Mr. STEVENS. I move that the further State, particularly to the soldiers, appointed to court. I have never heard any objection to it consideration of the bill be postponed until his place. I want that man's nomination sent from the bench or bar of Ohio. This substi- Monday next, and that it be printed.

to the Senate, and have it pass that ordeal if tute has been maturely considered by the Com- The SPEAKER. The Chair will state that it can. mittee on the Judiciary, and I have been in- | there are two or three postponed special orders

Mr. BINGHAM. You will leave nothing 'structed, without any dissent, I believe, from which will be anterior to this.

in the bill. any member of the comınittee, to report it and Mr. STEVENS. Then I will move to post

Mr. WASHBURNE, of Illinois. I propose recommend its passage. I think there can be pone it until Tuesday, and that it be printed. to have this bill amended, let it affect it as it no objection to it.

Mr. LAWRENCE, of Ohio. I have no may. . I propose to amend the bill so as to Mr. LE BLOND. I wish to make this sug- objection to the postponement of the bill until || compel the President to send the names of all gestion to my colleague, that inasmuch as this Tuesday, so that it may be printed and the these pension agents to the Senate; making substitute changes entirely, the qualifications | House may see it. I think it will be found | them in fact presidential appointments, instead of jurors, it would be but wise and proper that that there is no objection to it.

of being made as they now are by the Secit should be printed, so that all the members Mr. Stevens's motion was then agreed to. retary of the Interior. of the House might see it and come to some

Mr. WILSON, of Iowa. I suggest to the

RIGIIT OF ACTION OF LOYAL CITIZENS. conclusion on the subject. It proposes a very

gentleman from Maine [Mr. PERHAM) whether decided change from what has existed in former Mr. LAWRENCE, of Ohio, from the Com

it would not be proper to postpone the further years. I am aware that Ohio has a provision mittee on the Judiciary, reported back bill of

consideration of this bill for say a week from substantially like the one that has been reported

the House No. 603, to protect the right of Monday next; or until after the bill regulating by this committee; but, sir, in the minds of action of loyal citizens, with two amendments ; || the appointing power of the President shali legal men in that State, it is very questionable which were agreed to.

have been acted upon, for the subject of this whether it is an improvement upon the old law.

The bill was then ordered to be engrossed bill is involved, to a greater or less extent, in I believe in the main it is considered not to be;

and read a third time; and being engrossed, || that bill. and that being so, gentlemen will at once see

it was accordingly read the third time and Mr. PERHAM. There are some reasons the necessity of weighing this question thorpassed.

why the Committee on Invalid Pensions deoughly before enacting it into the laws of the

Mr. LAWRENCE, of Ohio, moved to recon- sired immediate action upon this bill. I United Siates.

sider the vote by which the bill was passed; would therefore prefer that the bill should Why, sir, if an individual who is called upon

and also moved to lay the motion to reconsider | be acted upon now. But the committee will to act as a juror in a case has expressed or upon the table.

not make any objection to such amendments formed an opinion, even from newspaper re

The latter motion was agreed to.

as the House may see proper to make. ports or from hearing A, B, or C express an The bill, as passed, provides that in all cases

Mr. WASHBURNÊ, of Illinois. I move opinion in regard to the facts of the case, is where a citizen of the United States, who to amend the proviso, by striking out after the it not apparent that that man's mind is so always remained loyal thereto and did not word “provided” the following: biased that it will require some evidence involuntarily give any aid or encouragement to That nothing herein contained shall be so construed order to disabuse his mind before he can be- any persons engaged in rebellion, shall bring as to vacate any existing office prior to an appointcome an impartial juror? I am not, for one, an action to recover damages for injury to per

ment by the President, as herein provided. prepared to say that this is a proper change

And inserting in lieu thereof the following: son or property, or the value thereof, no such

That the number of pension agencies in any State for this Congress or for any State to make in action shall be defeated, or any defense al

or Territory sball not in any caso exceed threo; and regard to the qualification of jurors. We|| lowed, by virtue of the authority of the late that no such agency shall be established in addition should seek to have men upon juries who are so-called confederate States of America, or of

to those now existing in any State or Territory in entirely free from any bias, who have neither any State declared in rebellion by proclama

which the whole amount of pensions paid during the

fiscal ycar next preceding sball not have exceeded expressed nor formed an opinion in the case. tion of the President of the United States. the sum of $500,000. Then they are qualified to give due weight and

PAYMENT OF PENSIONS.

Mr. FARNSWORTH. I think the bill should credit to the testimony, and to render a ver

be further amended so as to embrace those dict according to the preponderance of evi. Mr. PERHAM, from the Committee, on

appointments which have been made since a dence. But by the provisions of this amend- Invalid Pensions, reported back, with the certain date, so as to cover appointments that ment they are not so qualified, because at the recommendation that it do pass, bill of the have been made during the last year, and revery outset you have got to overcome the bias Senate No. 69, to provide for the payment of quire their names to be sent in to the Senate that has been created by newspaper or neigh. || pensions..

for their action. The abuse has already been borhood reports. I hope that my colleague

The bill was read. It authorizes the Pres. Il committed. In my own State one of the worst will permit this substitute to be printed so that | ident of the United States to establish agencies Copperheads in the State was appointed penwe may know better how to act in the premises. for the payment of pensions granted by the

sion agent at Springfield not long ago. I want Mr. LAWRENCE, of Ohio. This amend- United States wherever in his judgment the his name sent to the Senate, and let them pass ment contains but a single proposition which public interest and the convenience of pension upon it. any member can understand from hearing it ers requires, and by and with the advice and Mr. PERHAM. I can only seek to perform read. This subject has long been before Con- consent of the Senate to appoint pension | the duty imposed upon me by the committee, gress. A bill was introduced in the Senate agents who shall hold their offices for four and that is to ask that the bill be put upon its on the 5th of December last and was consid- years, and until their successors shall be ap- passage. At the same time I will be willing to ered there. The same bill bas been considered pointed and duly qualified ; provided, that no consent to any amendments which the House by the Judiciary Committee of the House, and existing office shall be considered as vacated

may think proper to adopt. as the substitute for the first section contains | prior to an appointment by the President as

Mr. WILSON, of Iowa. I move that this but a single proposition, which will be readily provided by the bill.

bill, with the accompanying amendment, be understood, it seems to me there can be no

Mr. WASHBURNE, of Illinois. There are recommitted to the Committee on Invalid Pennecessity for printing it. I hope the bill will two or three amendments which I would like | sions. I think there have been suggestions be disposed of. I have never yet in Ohio, to suggest to that bill, and I will state them, if made which that committee would do well to where a similar law is in force, heard any

the gentleman from Maine will yield to me for consider. objection made by any lawyer, judge, or citi

Mr. PERHAM. I have no objection. zen to its operation.

Mr. PERHAM. I will yield for that pur- Mr. BINGHAM. I hope the motion will Mr. STEVENS. Mr. Speaker, this bill may pose.

be modified so as to include an order to print be all right, but of course it means to change Mr. WASHBURNE, of Illinois. If the the bill. the qualifications of jurors or else there is no House paid attention to the reading of the bill, Mr. WILSON, of Iowa. I will modify my necessity for it. If it does propose any such | it will have seen that there is authority given || motion accordingly. change I would like to see what it says. Whether to the President to establish agencies for the The motion, as modified, was agreed to. it is very important that this amendment should payment of pensions granted by the United | Mr. WASHBURNE, of Illinois. I move be adopted I do not know, but in the present States wherever, in his opinion, it may be neces- that tho committee have leave to report at any state of things I think we should be very cau: cary. Now, sir, I am opposed to giving that Il time.

that purpose.