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governments as they existed prior to the rebellion at once revived; of course that must have included the revival of the constitutions of those States. Now, I wish the gentleman to state whether those States had republican forms of government before the rebellion. If so, and those governments were revived by the surrender of the rebel armies, where did the President get the power to require them to change those republican forms of government? Mr. ROGERS. He was authorized to exercise that power upon the ground that the acts which had been performed in behalf of the confederacy were acts which were void ab initio; and there is no better settled principle of law than that no void or illegal act can overturn or destroy that which was legal, and therefore every movement of the southern people with reference to furthering or carrying into effect the machinery of the confederate government was without authority of law, and was in violation of the government, which the President of the United States was bound to uphold by all the means in his power. And he was authorized to put down all the forms of State government which the people of the South had adopted to sustain the cause of the confederacy. When those forms had been put down, then the status of those States, as it existed before the rebellion commenced, returned to them, except so far as regards what was de||clared to be the corner-stone of the rebellion, which was put in issue, and which went down with the rebellion under the military power of the United States.
stances, I wish to keep it dead and buried forever, so far as I am concerned.
Mr. WILSON, of Iowa. The gentleman says he is opposed to the exercise of powers not delegated by the Constitution. I desire him to point out the particular clause which authorized the President to appoint provisional governors for those States and to require of those States the ratification of the constitutional amendment abolishing slavery.
Mr. ROGERS. The power was this: the Constitution of the United States says that the United States shall guaranty to every State a republican form of government, and when the people of any State are in insurrection, or when a State is overrun by the armies of other States, it is the duty of the President to call out the militia, suppress the insurrection, and repel that invasion. And it was by virtue of the power conferred by the force of military law, as embodied in the Constitution of the United States, that Abraham Lincoln had a right, not as President of the United States, but as Commander-in-Chief of the Army, to dictate such a state of affairs as would come within the requirement of the Constitution in guarantying to those States a republican form of government. And as slavery was an instrument of war, one of the principles upon which it was waged, the main principle, in fact, for the last two years, the arbitrament has settled that as much as any other question. When the people went to war these extraneous matters gave way to the force of the arbitrament, and were settled for all time to come.
Mr. WILSON, of Iowa. Then I desire to ask, inasmuch as Texas was omitted from the proclamation of the President, whether, in the gentleman's opinion, if Congress should pass the amendment now pending, it would be competent for Andrew Johnson, as President of the United States, to require of Texas the ratification of that amendment before he would recognize her as restored to such an extent as to be entitled to representation in Congress.
Mr. ROGERS. No, sir. I claim, notwithstanding what Andrew Johnson may have required, that when the rebels laid down their arms and submitted to the Constitution of the United States the war was ended. Notwithstanding anything that may have been put on paper by the President or anybody else, the very moment the southern States succumbed that very moment their State governments could by the people be put in full operation, because those State governments had been merely suspended by virtue of the illegality of action of the southern people, which never could destroy the existence of those States as States of the Union under the original act of admission.
Mr. WILSON, of Iowa. If I understand the gentleman's position, it is, that while the war was going on, before the rebel armies surrendered, the President might do this thing. But I wish to ask him whether the rebels had not surrendered before the President issued his first proclamation for the establishment of a provisional government in North Carolina, and whether all those provisional governments were not established after the surrender, and all those requirements on the part of the President were not subsequent to that time, by which they were to do certain things, and among others ratify, the constitutional amendment abolishing slavery.
Mr. ROGERS. Nobody can doubt that a State government may be operated within the military lines by military governors, and it was only as a condition to the laying down of their arms that the Commander-in-Chief exercised the right under the Constitution to establish a republican form of government and lent the aid of the military power to the people of the insurgent States for them to ratify the act in such manner as they thought right, and upon such principles of the union of the several States as existed before they attempted to carry them out of the Union.
Mr. WILSON, of Iowa. I understood the gentleman from New Jersey to say that as soon as the rebel armies surrendered, the old State
Mr. WILSON, of Iowa. I do not see that the gentleman from New Jersey has answered one question which I put to him. That question was, whether the insurgent States, prior to the rebellion, had republican forms of govern
Mr. ROGERS. I say they had.
Mr. WILSON, of Iowa. The gentleman said that the surrender of the rebel armies revived the State governments that were in force before the rebellion.
Mr. ROGERS. Yes, sir.
Mr. WILSON, of Iowa. Consequently each one of those States, upon the surrender of the rebel armies, had a republican form of government, which had been revived.
Mr. ROGERS. Exactly.'
Mr. WILSON, of Iowa. Now, I wish to ask the gentleman where the President gets the power to require those States to change the republican forms of government which they already had.
Mr. ROGERS. I say he did not require them to change their republican forms of gov ernment. Neither slavery nor the rebel debt was any part of their State government; no act of the southern people in aid of the confederacy was a part of their republican form of government. Therefore, I say that republican forms of government did exist and were not affected by the action of the President. The President is not to be called a usurper of power because he did not allow the people of the South to continue that which they had established in aid of the confederacy. All that he did, and all that he wanted to do, was to resuscitate their republican forms of government and to give full vigor to the voice of the people under them.
Mr. GRINNELL. Why does not the gentleman answer the question of my colleague, [Mr. WILSON?]
Mr. ROGERS. I do answer it. I say that Andrew Johnson has not acted in conflict with the Constitution. And I say he is not in the hands of the Democratic party. He never has appointed a Democrat to office; all his patronage is given to the party that elected him. And he is going to fight this battle out in the lines of the so-called Union party. And I tell you that eighteen hundred thousand Democrats will follow him or any other man who holds out to them the unfolded leaves of the Constitution and enunciates the doctrines and principles upon which the liberties of our country are founded.
Mr. DRIGGS. I understood the gentleman from New Jersey to say that he never was in favor of slavery; that he was always opposed to it. If the gentleman is sincere in that declaration, and I have no doubt he is, then I would ask him why he opposed the amendment to the Constitution by means of which we were enabled to get rid of slavery in a constitutional
Mr. ROGERS. Because I took the ground here, as the Speaker well knows, both that winter and the winter before, that there was nothing in the Constitution which gave us power over the subject; that it was a reserved right of the States, not delegated to the United States, to control their domestic institutions exclusively in accordance with ther own judg ment. Another reason for my course then was that the rebellion was not ended, and I believed it would tend to alienate the affections of the people of the South and lead them to continue longer in war against the Union; not that I had any doubt that the Union armies would finally succeed.
Now, sir, when the gentleman from Illinois [Mr. INGERSOLL] expresses a wish that Andrew Johnson had been swallowed in the Red sea of destruction, like Pharaoh and his hosts, it is a wish which, it appears to me, an Ameri can Representative should blush to utter. Sir, does a noble, patriotic President deserve to be spoken of in this manner simply because he is exercising his constitutional power to vindicate the great doctrines of civil liberty upon which the welfare and the progress of this country depend?
Sir, gentlemen are mistaken when they imagine that the American people can ever be brought to sympathize with the revolutionary doctrines of the disunionists which they have advocated in this Congress, doctrines which proclaim the dismemberment of the country and declare in effect that the country's flag, with its brilliant galaxy of stars, representing in undiminished number our grand sisterhood of States, is a "flaunting lie. Sir, the people of this nation, who have fought to maintain the integrity of our Union and the perpetuity of the Constitution, recognize in the policy of Andrew Johnson the great principles for which they have been battling; and they will never consent that those principles shall be trampled under foot by disunionists of either the South or the North.
Sir, I believe that the principles which Andrew Johnson is so nobly defending will be successfully vindicated, and that, notwithstanding the denunciation and the calumny to which he is at this hour subjected, his memory will be honorably handed down to future generations, and posterity will thank him for planting the policy of the Government firmly upon those principles which are destined to conduct this nation to a grand and illustrious destiny; and like Washington, his name will be recorded in history as the deliverer of thirty million people from threatened bondage and despotism, whose record will be read by generations unborn as a bright monument of civil liberty, to whose name the great and the good, so long as free Governments exist, will do honor. His tomb will be visited and his remains in death revered as a solemn duty of a grateful people. May God give him a strength, wisdom, power, and influence to work out his great mission, and save him from the hand of the assassin, that he may be spared to see the Union of our fathers, the grandest and most united of any in the world, marching on in defense of the Constitution as the brightest jewel vouchsafed to man, until the dying gaze of his last look upon earth shall be brightened by the burning flame of the Union's cause, with fanaticism, radicalism, and disunionism dead and gone.
Mr. ASHLEY, of Ohio, obtained the floor, but yielded to
Mr. WILSON, of Iowa, who moved that the House adjourn.
The motion was agreed to; and thereupon (at five o'clock p. m.) the House adjourned.
colonel of the first and one hundred and forty-
The following petitions, &c., were presented under the rule and referred to the appropriate committees: By the SPEAKER: The petition of B. E. Harrison, of Lagrange, Prince William county, Virginia, asking that United States taxes paid by him may be refunded. By Mr. WILLIAMS: The petition of 71 citizens of Butler county, Pennsylvania, for an increase of duty on foreign wools.
MONDAY, May 7, 1866.
Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved.
The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Smithsonian Institution, transmitting the annual Report of the Smithsonian Institution for the year 1865; which was referred to the Committee on Printing, with the following resolution, submitted by Mr. TRUMBULL:
Resolved, That five thousand extra copies of the Report of the Smithsonian Institution be printed; two thousand for the Institution, and three thousand for the use of the Senate; and that the said report be stereotyped.
Public Lands, and I desire for a single instant
RAILROADS IN WISCONSIN.
Mr. DOOLITTLE asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No. 85) explanatory of, and in addition to, the act of May 5, 1864, entitled "An act granting lands to aid in the construction of certain railroads in Wisconsin; which was read twice by its title.
Mr. DOOLITTLE. I move that this joint resolution be referred to the Committee on
Mr. POMEROY. The Committee on Public Lands will be glad to hear the Senator from Wisconsin at any meeting of the committee. We meet on Thursday, and I hope the Senator will come and see us.
CLAIMS ON NEVADA.
Mr. STEWART asked, and by unanimous
the resolution at length and for its present
TAXATION OF NATIONAL BANKS.
consideration. I will state that in the settle-
Resolved, That there be printed for the use of the Senate three thousand copies of the recent decision of the Supreme Court of the United States, with the opinions of the several judges, on the taxation of national banks by State authority.
The Secretary read the joint resolution. To enable the Secretary of the Treasury to settle and pay outstanding claims chargeable to the contingent expenses of the executive department of the Territory of Nevada it proposes to transfer so much of the unexpended balance of appropriation for compensation and mileage of members of the Legislative Assembly, &c., of the Territory of Nevada as may be found necessary for that purpose to the credit of the fund for paying the contingent expenses of the executive department of the Territory; and the proper accounting officers of the Treasury are directed out of the balance thus transferred to pay the claims as adjusted and allowed.
The PRESIDENT pro tempore. The Senator from Nevada asks for the present consideration of this joint resolution.
Mr. FESSENDEN. I think it had better go over, so that we may see it in print.
Mr. STEWART. As there seems to be some
objection to it, I ask that it lie on the table,
Subsequently, on the motion of Mr. STEWART, the joint resolution was referred to the Committee on Finance.
The PRESIDENT pro tempore. The joint resolution will be referred to the Committee on Public Lands, if there be no objection.
Mr. DOOLITTLE subsequently said: At the suggestion of the honorable Senator from Kansas, the chairman of the Committee on Public Lands, I ask that the joint resolution committee, be ordered to be printed, introduced by me in relation to the land grants to Wisconsin, and which was referred to that
The PRESIDENT pro tempore. The order to print will be entered if there be no objection.
There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN. It is unusual for the Senate to print decisions of the Supreme Court; but there are a multitude of cases pending, growing out of the taxation of United States securities, by or under State authority, and I have had a great number of applications for this decision, in order to govern the action in
Mr. JOHNSON. Is it not published by the reporter?
Mr. SHERMAN. It is published by the reporter; but the fund is limited, and the number published by him is exhausted. I have here what he tells me is the last copy. I should like to have this resolution adopted, so that we may have it in this form. The resolution was adopted.
APPROVAL OF Bills.
A message from the President of the United States, by Mr. COOPER, his Secretary, announced that the President had approved and signed, on the 3d instant, the following joint resolutions: A joint resolution (S. R. No. 34) expressive of the gratitude of the nation to the officers, soldiers, and seamen of the United States; and
A joint resolution (S. R. No. 75) making appropriations for the expenses of collecting the revenue from customs.
And also that the President had approved and signed, on the 5th instant, the following
An act (S. No. 26) to encourage telegraphic communication between the United States and the island of Cuba and the other West India islands, and the Bahamas; and
An act (S. No. 155) concerning the boundaries of the State of Nevada.
sideration of the joint resolution be postponed half as accurate or satisfactory in regard to my until to-morrow.
The motion was agreed to.
State as the adjutant general's report of that State. I suppose other States are doing the same thing. If this be so, where is the necessity of duplicating these reports? I suppose thousand dollars before we are done with them. these volumes will cost one or two hundred
Mr. WILSON. Two hundred and forty thousand or two hundred and fifty thousand dollars on the original plan.
PATENT OFFICE REPORT.
Mr. ANTHONY. A few days ago I reported from the Committee on Printing a resolution to reduce the number of copies of the mechanical Patent Office Report, which was laid over
VOLUNTEER ARMY REGISTER.
On motion of Mr. WILSON, the joint resoat the suggestion of the Senator from Newlution (S. R. No. 83) respecting the publication
Hampshire, [Mr. CLARK,] and if he has no objection I should like to have the resolution disposed of now.
second time, and considered as in Committee of the Volunteer Army Register was read the
of the Whole.
The motion was agreed to; and the Senate resumed the consideration of the following resolution:
Resolved, &c., That in every case in which a commissioned officer actually entered on duty as such commissioned officer, but by reason of being killed in battle, capture by the enemy, or other cause beyond his control, and without fault or neglect of his own, was not mustered within a period of not less than thirty days from acceptance of appointment or actual entry upon duty, and who was afterward reguJarly mustered into the service of the United States, the pay department shall allow to such officer full pay and emoluments from the date on which such officer actually entered on such duty as aforesaid, deducting from the amount paid, in accordance with this resolution, all pay actually received by such officer for such period.
It proposes to require the Secretary of War to cause to be canceled the volumes of the Roster of volunteers already printed, and to provide that the Roster compiled as directed by the joint resolution approved March 2, 1865, be published in accordance with a plan submitted by the Superintendent of Public Printing.
Mr. WILSON. The object of this joint resolution is to have a correct publication, and to have it at a greatly reduced cost. A joint resolution was passed the object of which was to have a correct roll of the officers of volunteers. The first volume has been published, covering the New England States. I have examined it with care, and I do not believe there is a single page of it without an error; whole regiments are left out; names of officers are left out, and others misspelled, and misstatements made as regard to them. As a publication it is utterly worthless, and worse than worthless.
This proposition is to cancel that publication, and to adopt a plan that will, instead of having eight volumes, get it into three or four, less than half the space now occupied, and to have it correct. There is no difficulty in having a correct Register. It simply requires intelligence and careful examination; and unless it be correct it is of no account. This proposition is to cancel the volume already published, and to commence anew on a plan prepared by the Superintendent of Public Printing; and I think that if this be adopted, it can be done at less than half the expense now about to be incurred. It is a proposition to get a correct list at less than half the expense for which we are to have this incorrect one, and therefore I hope it will be adopted.
Mr. ANTHONY. I quite agree in the remarks that the Senator from Massachusetts has made; but I should like to inquire of him if the resolution provides for another defect which I noticed in that Register. In regard to a large number of the regiments, I should think half of them, there was this note, 66 The engagements in which this regiment has borne an honorable part have not been made known in general orders," although some of the regi ments were disbanded two or three years ago. I do not see why it is necessary that the battles in which the regiments have borne part should be promulgated in general orders before they can be put upon the roster; but if it be necessary, I should like to know of the chairman of the Committee on Military Affairs when we may expect those orders to be issued. Some of those regiments have been out of service for three or four years and some of them were in a good many battles.
Mr. WILSON. Scarcely any of them have been promulgated.
Mr. ANTHONY. Does this resolution provide for that?
Mr. WILSON. I think it does not, but the object is to have it published on a correct plan.
Mr. ANTHONY. Would it not be better to put in an amendment that the battles in which they have been engaged should be placed on the roster?
Mr. GRIMES. I should like to know of the chairman of the Committee on Military Affairs what is the necessity for publishing these large and cumbrous volumes. I suppose there is not a State in the Union that has not thorough reports already made embracing the name of every person who has enlisted into the Army from that State during the war, and what became of him, whether he was promoted or not, and whether he came out of the service safe or
not. I know that to be the case with my State, and I am thoroughly satisfied that no volume can be compiled here at the capital that will be
Mr. GRIMES. I apprehend the Senator's own State has an adjutant general's report.
Mr. WILSON. Certainly; and I consider it very perfect.
Mr. GRIMES. We have one in my State which is very accurate, and I presume every State has or will have; hence where is the necessity for duplication?
Mr. WILSON. I will state to the Senator from Iowa that in 1864 a joint resolution was passed providing for the publication of a full Army Volunteer Register to be in connection with the regular Army Register. This was not complied with, however; and on the 2d of March, 1865, another joint resolution was passed "to provide for the publication of a full Army Register." It provided
"That the Secretary of War be, and he is hereby, authorized and required to cause to be printed and published a full roster or roll of all general, field, line, and staff officers of volunteers who have been in the Army of the United States at any time since the beginning of the present rebellion, including all informal organizations which have been reorganized or accepted and paid by the United States, showing whether they are yet in service, or have been diseharged therefrom, and giving casualties and other explanations proper for such register. And to defray in whole or in part the expenses of this publication, an edition of twenty-five thousand copies of such enlarged Register shall be published and may be sold to officers, soldiers, or citizens, at a price which shall not more than cover the actual cost of paper, printing, and binding, and shall not in any case exceed one dollar per volume."
Under this resolution the first volume has been prepared, which includes the New England States. I have examined it, and find that several of the regiments are left out altogether, and in regard to other regiments there are many errors. I examined the list of three Massachusetts regiments and found several mistakes in each, and I have no doubt that there is hardly a page in the volume which can be relied upon. Mr. FESSENDEN. How much has that volume cost?
Mr. ANTHONY. A dollar a volume for each copy; it will take four volumes.
Mr. WILSON. I understand that it will take eight dollars. We sell it for a dollar a volume, but it will cost more than that. The volume cannot be got up for anything like a dollar.
Mr. FESSENDEN. What is the gross amount of expenditure?
Mr. WILSON. I do not know precisely what it is. I understand that it costs more to correct the stereotyped plates than it did to make them originally. If anything is to be done in this matter, the Register should be made correct by examining, not only the records in the offices here, but those in the offices of the respective States, so that a correct list may be published, in order that we may have the names of all the officers who have served in the volunteer forces of the United States during the war in one publication with everything in regard to their services, showing whether they were dismissed or discharged or honorably mustered out, or whether they were killed or wounded. By having these facts all in one publication, they can be ascertained for the whole country in any part of the country. It seems to me that the object, which was what I have just stated, was an excellent one; and if it should be correctly carried out, and at a reasonable expense, the publication would be of great value to the country. Then in Massachusets we should be able to learn all these facts with regard to the officers of any State, Iowa included, and the same would be the case in every part of the country.
It was provided that a certain number of copies might be sold at one dollar a volume, which would defray a part of the expense. A plan has been adopted at the War Department
these men went up from privates to become officers, which is exhibited by the adjutant general's report of my State, showing that a very large proportion of the men who went into the Army as officers ceased very soon to be such, and that the men who went in the humblest and lowest positions very soon became the commanders, not only of their companies, but of their regiments and of their brigades. Such a report as that may be of value, although if you publish such a one as that, it seems to me it is only cumulative of expense when the States have already done it. We have got a report in my State that embraces officers, privates, musicians, everybody connected with the service, showing when he entered the service, when he went out, what offices he filled during the time he was in service, what has become of him since, where he was born, and in what place he enlisted. Such a report as that is of value. This report will be utterly worthless to the public. I hope the Senator will allow this joint resolution to be recommitted to his committee, and that they will report a bill repealing the law which authorized this printing to ill say to the Senator be done.
that I have seen the report of the adjutant general's office of his State, and it is a most admirable one. I wish they had such a one in every State, and I wish we had one that recorded equally the name of every soldier that served the Republic; but that would make a great many volumes. The report of Iowa makes three large octavo volumes for seventy thousand men. Now, sir, here is a list of officers from the New England States making three hundred pages, and if it was put upon a good plan it could be got into about one hundred or one hundred and twenty-five pages. It will be seen that there is a great part of it waste paper, and the report is imperfect in itself. What the committee desired in this matter was to stop this imperfect report and this enormous expense. If the Senate desire to stop the pub-lion; lication altogether they can do so; but I think we had better publish the work. We can pub lish it in three good, fair-sized volumes, and have a perfect list of all the officers, and the casualties, and all the incidents connected with the war. We cannot afford to sell it for one dollar a volume as is proposed here; but we could furnish three volumes containing a list of all the officers of the volunteer forces of the United States, to be placed in every library of the country, and it would certainly, in my judg ment, be a work of great value. If we could have a list of the two million seven hundred thousand soldiers who have gone into the service I should be glad to have it, but that would require the publication of fifty or sixty volumes, at enormous expense, and would necessarily take a great deal of time. This report will take time, and ought to take time. We need not hurry about it. What we want is to have a correct list. Mr. Defrees made a plan by which this report of three hundred pages, if his plan had been agreed upon, would have been reduced down to one hundred and twentyfive pages, and the arrangement was far better and more intelligible than the present one. As it is now it is worthless, and I hope that no more expenditures will be incurred in publishing this volume. I believe we had better adopt this resolution, and let the work go on at a reduced rate, but if Senators are not ready to act upon it now I will let it go over.
Mr. GRIMES. Recommit it.
Mr. ANTHONY. I should like to have it recommitted.
Mr. SHERMAN. If this matter is to go over I should like to call up the motion to reconsider the amendment to the Post Office appropriation bill.
contrary to the plan recommended by Mr. Defrees. His plan, I think, would bring the whole publication within three or four volumes; theirs will be at least eight, and will involve an expense of more than two hundred thousand dolfars. The expense of his plan, of course, if he brings the work within three volumes, will be but little more than one third of the cost of the present plan.
What I wish to do is to cancel what has been done, for it is utterly worthless, and to begin again upon the plan prepared by Mr. Defrees, which is an economical plan, one under which a page will contain as much as two or three pages under the present plan, and then to go on and complete the work. The work ought to be perfect and complete, or else it is worthless. The object of this joint resolution is in the first place to get a correct Register, and in the next place to get it at about one third of the expense which this incorrect one will cost us. It is worse than nothing, because an official publication that is not correct is of no account to the country; it misleads men rather than gives information.
Mr. POMEROY. It occurs to me that a correct list had better be taken from the offices of the adjutant generals of the various States, and not try to get it here.
Mr. WILSON. I think that if the Senator from Kansas had this work to get out he would consult the officer here and consult the adjutant general's office of each State also, and compare the records, and then he would have a correct list. I should be very sorry if with the means at our command any men of intelligence could not make a perfect list. There is no difficulty about it; it only requires labor, thought, care.
Mr. POMEROY. I supposed each State had a perfect list. I know that my State has been at great expense and has spared no pains in getting a most perfect list for the State and I supposed all the States had done the same. It occured to me that if the resolution was to be passed the list when made out ought to be made up from the returns in the adjutant general's office of each State rather than by examining the rolls here. That would save a great part of the labor of getting it up at any rate.
Mr. GRIMES. I am satisfied that such a . report as the Senator from Massachusetts desires to have published by the authorty of Congress, published in an intelligible form and in type which gentlemen who have reached that period of life which he and I are now entering upon can read, will embrace not less than twenty-five volumes. I am speaking of that whereof I know something. The State of Iowa,furnished about seventy-five thousand troops, and the last I knew of the report in that State on this subject, which was printed in a reasonable sized type, it embraced two volumes quite as large as this, [exhibiting an octavo volume,] and I think there is another one about to be published. Mr. KIRKWOOD. That included, however, a list of the privates as well as the officers. Mr. GRIMES. Exactly.
Mr. KIRKWOOD. I have one of those reports which contains the name of every man in our State that went into the service, officer or private.
Mr. GRIMES. That is, I suppose, what we are going to publish here. Why do we want to publish the name of a second lieutenant and not publish the name of an orderly sergeant? Mr. KIRKWOOD. This provides for the officers only.
Mr. GRIMES. What is the purpose of this thing? It is to give some data to govern our officers in the future. If it is to result in anything of real advantage to the Government it must be something tangible that can be relied upon in the future as to not only the number of men that went into the service, but the identity of the men in question, growing out of pensions, &c. I would not give a straw for a mere roster of the officers. That indicates nothing. It was not the officers that fought our battles and won our victories for us. I would like to see the gradations by which
Mr. WILSON. I move to recommit the resolution to the Committee on Military Affairs, and we will reconsider it; and I ask that in the mean time the report in this case be examined by the Senate. They will see that this work ought certainly not to go on.
Mr. ANTHONY. I wish to call the atten
tion of the chairman of the Committee on Military Affairs to another defect in this report, which I think this resolution does not provide against. There is nothing in this resolution that prevents the new roster from being edited precisely as this is. There should be some provision for a competent editorial supervision of it; and there should also be a provision for a record of all the battles in which regiments have borne an honorable part, whether promulgated in general orders or not. But if we merely pass this resolution as it stands, I do not see that there is any provision in it for correcting editorial errors. There ought to be some competent officer detailed, and it should be made his entire business to correspond with the adjutant generals of the several States and have all the records of each State submitted to the State authorities.
Mr. DOOLITTLE. If the Senator will allow me, I will suggest to the Senator from Massachusetts, as he and I are on the Military Committee, that this resolution be referred to the Committee on Printing. The Committee on Printing understand this matter better than we do, and they now have the ideas of the Senator from Massachusetts on the subject.
Mr. ANTHONY. This resolution has never been before the Committee on Printing; the Committee on Military Affairs have had charge of it, and I think they had better keep charge of it. It is rather an extravagant thing, and the Committee on Printing never reported anything extravagant, and we do not want to be responsible for it.
Mr. WILSON. I move that this joint resolution be recommitted to the Committee on Military Affairs and the Militia. I think we shall get it into a satisfactory shape. The motion was agreed to.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No. 86) to provide for the publication of the official history of the rebelwhich was read twice by its title, and referred to the Committee on Military Affairs and the Militia.
HOUSE BILLS REFERRED.
The following bills from the House of Rep resentatives were severally read twice by their titles and referred as indicated below:
A bill (H. R. No. 3) to revive the grade of general in the United States Army-to the Committee on Military Affairs and the Militia.
A bill (H. R. No. 352) to incorporate the National Theological Institute-to the Committee on the District of Columbia.
A bill (H. R. No. 388) to authorize the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the District of Columbia-to the Committee on the District of Columbia. A bill (H. R. No. 482) to incorporate the Howard Institute and Home, of the District of Columbia-to the Committee on the District of Columbia.
A bill (H. R. No. 510) to incorporate the Academy of Music of Washington city-to the Committee on the District of Columbia.
MESSAGE FROM THE HOUSE.
tives, by Mr. MCPHERSON, its Clerk, announced A message from the House of Representa that the House of Representatives had passed the following bill and joint resolution, in which it requested the concurrence of the Senate:
A bill (H. R. No. 563) to regulate the time and fix the place for holding the circuit court of the United States in the district of Virginia, and for other purposes; and
A joint resolution (H. R. No. 137) to provide for the exemption of crude petroleum from internal tax or duty, and for other purposes.
ENROLLED BILLS SIGNED.
The message also announced that the Speaker of the House of Representatives had signed the following enrolled bills and joint resolution; which were thereupon signed by the President pro tempore:
A bill (S. No. 90) enlarging the powers
the levy court of the county of Washington, in the District of Columbia;
A bill (H. R. No. 214) for the benefit of Colonel R. E. Bryant;
A bill (H. R. No. 238) to amend an act entitled "An act relating to habeas corpus and reg. ulating judicial proceedings in certain cases, approved March 3, 1863;
A bill (H. R. No. 347) for the relief of R. L. B. Clarke;
fined to vacancies that happen during the recess of the Senate.
But the amendment has a scope and meaning far beyond this. The power of the President to fill all vacancies that happen during the recess of the Senate is not denied. But this amendment declares that unless the vacancies happen in a particular way, the person appointed shall receive no salary or compensation until confirmed by the Senate.
I have not examined or considered whether the exceptions cover every possible occasion of vacancy which can occur, except removals for other reasons than for misconduct or malfeasance in office.
The motion was agreed to; and the Senate resumed the consideration of the bill (H. R. No. 280) making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1867, and for other purposes, the pending question being on the motion of Mr. POLAND to reconsider the vote by which the Senate adopted the following amendment offered by Mr. TRUMBULL:
And be it further enacted. That no person exercising or performing, or undertaking to exercise or perform, the duties of any office which by law is required to be filled by the advice and consent of the Senate shall, before confirmation by the Senate, receive any salary or compensation for his services unless such person be commissioned by the President to fill up a vacancy which has happened during the recess of the Senate, and since its last adjournment, by death, resignation, expiration of term, or removal for acts done or omitted in violation of the duties of his office; the cause, in case of removal, to be reported to the Senate at its next session.
The Senator from Maine [Mr. FESSENDEN] declared his willingness to support the amendment, except for the clause requiring the cause of removal to be reported to the Senate; but he admitted the power of the President under the Constitution to make removals without the consent of the Senate. In urging the necessity of the amendment, however, he dwelt wholly upon the abuse of the appointing power, by making appointments after the adjournment of the Senate, which might have been made and submitted to the Senate while in session. I should be doing that Senator great injustice to suppose that he did not fully understand that the matter aimed at was altogether a different and broader one. Other Senators have fought shy upon this question, and have argued in favor of the amendment, not exactly denying the power of removal, but under protestation, as a special pleader would say, that they do not admit it. They have said, conceding that he has the power of removal, we have the power to say whether his new appointees shall receive the salaries and compensations provided by law for those holding the offices. So The amendment proposed by the Senator we have the power to refuse any appropriations from Illinois to this bill is very general and to pay the salary of the President, or to carry comprehensive in its terms, and denies any on any and every department of the Governpayment of salary or compensation to officersment, and thus destroy it. Although we may appointed by the President before confirmation have such power, it is one which can only be by the Senate, unless appointed to fill vacan- justified in use in the last resort, to prevent cies happening during the recess of the Sen- usurpation or the destruction of the liberties ate by death, resignation, expiration of term, of the people. or removal for official misconduct.
But if we believe that the President has not the legal and constitutional power of removal, why not say so directly? If we are prepared to adopt the doctrine of the Senator from Missouri, why not do it in as open and manly a way as he declares it? After a uniform exercise of the power by every Administration since the formation of the Constitution, to some extent, although for a considerable time doubted and questioned, and after at least thirty years of undoubted and unquestioned use, by a sweeping change of political appointments, with every political change of administration, and by both political parties, if we design now to declare a
Mr. POLAND. I voted for the amendment to this bill, and for the bill itself, with great hesitation, and with the design, if I could not become better satisfied with it, to move to have it reconsidered. Subsequent reflection satis fied me that the amendment ought not to be adopted, and I therefore made the motion to reconsider.
This is the class of cases which the amendment is designed to reach, and I think its distinguished mover will not deny that the main object and purpose of the amendment is to declare that if the President makes removals from office for mere political reasons, and thus causes vacancies during the recess of the Senate, the persons he appoints to fill them shall receive no payment for their services in office until confirmed by the Senate. In such cases the real question is not on the power of the President to fill a vacancy, but as to his power to thus make a vacancy. This brings up the old question of the power of the President to remove from office persons to whose original appointment the advice and consent of the
It is said that one of the mischiefs which this amendment is designed to prevent is the filling of vacancies which exist while the Senate is in session, and where there is an oppor tunity to submit nominatious for their advice and consent, and this is omitted, or the nomination is rejected by the Senate, and the same person reappointed after the Senate adjourns. If the amendment went no further than this I could very cheerfully support it, for the language of the Constitution is clear that the President's power of appointment without the advice and consent of the Senate is con39TH CONG. 1ST SESS.-No. 152.
different rule, and change the whole action of the Government in this respect, does it behoove us to do it in the indirect and sinister way this amendment proposes?
I have asked if that was the design, to deny to the President the power to remove, why not declare so, and make the needful and proper legislation on the subject, and I have been told that we could not pass such a law. Why not, let me ask? It must be, I suppose, because a majority of this body, or of both Houses, do not believe in the principle. If that be so, is it exactly open and honest dealing to undertake to bolster up this amendment by affecting to believe the President transcends his power by making such removals and new appointments? I must be allowed to say that it is a mode of accomplishing a purpose that does not commend itself to me.
But notwithstanding the argument in support of the amendment has been mainly that such political changes were beyond the legal and constitutional power of the President, the amendment upon its face concedes it, and provides that those appointed to fill vacancies caused by removals for misconduct in office shall be excepted from this prohibition of payment. It cannot be said that he has the power of removal for one cause, and has not for another. If by the Constitution he has the power of removal at all, of necessity he must be the sole and exclusive judge of the cause and necessity of removal. The validity or legality of the appointment of the officer appointed to fill such a vacancy could not be inquired into by going back to inquire for what cause his predecessor was removed. In the exhaustive discussions which this subject received from the statesmen of the early days of the Government, it was never suggested but that the President was the only judge of the cause of removal, if he possessed the power in any case. This amendment virtually broaches a wholly new doctrine. It concedes the power of removal by the President, but assumes that we may go back behind that, and inquire into the reasons, for the purpose of determining whether the new appointee shall have pay. It is cer tainly an anomaly that a man may legally fill and perform the duties of an oflice, but his right to compensation shall depend upon the reasons that influenced the appointing power. in making the appointment.
Senate was necessary.
The Senator from Missouri, [Mr. HENDERSON.] with his usual straightforwardness and frankness, boldly avows that in his judgment the President's power of removal in such cases is commensurate only with his power of appointment; and that the consent of the Senate is as necessary to the removal as to the appoint-eminent ment. The able and learned argument of the Senator went far toward convincing me that if the question could now be considered an open one, that was the true construction of the Constitution.
The last contest on this subject of the President's power of removal was during President Jackson's administration, and the great Whig leaders of that day made a powerful effort to bring the Government back to what they claimed was the true construction of the Constitution, and deny the President the power of removal. But they did not succeed, and all parties have acted without question since upon the other theory. But it seems not to have occurred to those eminent statesmen that though the President could legally remove officers and fill their places with other persons, that they could make it a barren honor by depriving the holders of all compensation. It has been reserved for this financial generation to discover this new mode of curing either a defect in the Constitution or a wrongful interpretation of it. To me, the idea is strange and monstrous that a man who legally holds an office, and properly performs its duties, should not be paid because the reasons for his appointment were politically unsatisfactory. I believe such a position to be wholly indefensible; wrong in principle; one upon which no party can stand. In offering the motion to reconsider the vote passing this bill, I happened to say that such a doctrine seemed to me to be almost revolutionary. I have since learned that a radical Unionist has no right to use that word, that it belongs wholly to persons and papers of opposite political proclivities. I therefore take leave to withdraw the word.
What is the real purpose and object of this amendment? I suppose we may as well speak of things as they exist and as we all know them to be, as to pretend to be thinking and talking of something else.