CONGRESS, IN UK I 8TA1 



MII tho amendment as i'ul- 

 KAB Messrs. Allison, Anderson, Am. -11, DelosR. 



leV, James M.A-hlev, |:.-;iiii;in. IJidttfll, Hroln- 



Irooraall, Buckland. Header \V. Clark, Sidney 



< .klinir. <'ok, <'n!lo>n, !> -l:mo, Don- 



Klint, Parquhar, 



il. Al.'.ier C. Harding, lla\e. ; . Henderson, Hill, 



ll..liiu-i. llnu-hki-s, Dem L- Hubbard, .Ic.lm II. Iliib- 



K lluhb-'ll. llulburd, Julian, Kclley, 



V. Lawrcuco, William Law- 



. Loiujvt'ar, Lvnch, May nanl, Mc<'lui-_', 



Mcln ' \lilli-r, Moorhead, Moulton, ' 



il, Orth, I'ainc, 1'erham, I'om.-roy, Price. 



. Sau ver, Scotield, Sbellabarger, Sloan,8pold- 



-'.i.kcs, Trowbridge, I'pson, Van Aernam, 

 Hurt Van Horn, Robert T. Van Horn, Hamilton Ward, 

 . U'cntn orrh, Williams, James F. Wilson, and 

 i !'. Wilson 77. 



-Messrs. Alley, Ames, Ancona, Baker, 



Baldwin, Hanks, Barker, Baxter, Benjamin, Bergen, 



:i, i:i.:i;i -, Blo\v, Boyer, Brandagee, Cornp- 



boll, Cooper, Darling, Dawes, Dawson, Defrees, 



i, Dodge, Eldndge, Farnsworth, Finck, <!:ir- 



tield, tilossbivmier, Goodyear, Hale, Aaron Harding, 



lii-e. Hooper, Edwin N. Hubbell, Hunter, 



<<ll, Jenckes, Kassun, Kerr, Ketchatn, Kuyken- 



tla'll, hallin, Le Blond, Marshall, Marvin, McCul- 



louirh, Mi Kce, Mcllucr, Morrill, Niblack, Nicholson, 



Noell, Patterson, .I'beljts, 1'lants, Samuel J. Randall, 



me!, Alexander H. Rice, John H. Rice, Hitter, 



iic-nck, Shanklin, Sitgreaves, Ste- 



-Mihvell, Tuber, Nathaniel G. Taylor, Thayer, 



Francis Thomas, John L. Thomas, Thornton, Trim- 



hv\v II. Ward, Elihu B. \Vashburnc, Wilh'am 



!iliu!ii,Windom,Woodbridge, and Wright 81. 



Nor VOTINI! Messrs. Boutwcll, Bundv, Chanler, 



. is, DemiiiLr, Dixon, Dumont, Ferry, Gris- 



wold, Harris, Hart, Hawkins, Hogan, Asanel W. 



Hubbard, Chester D. Hubbard, Humphrey, Johnson, 



Jones, Latham, Leftwich, Marston, Morris, Piloe, 



Hadt'ord, William H. Randall, Rousseau, Strouse, 



Nelson Taylor, Warner, Henry D. Washburn, 



Whaley, and Winfield 33. 



So the amendment was not agreed to, and the 

 bill was passed. 



In the Senate, on January 10th, the joint se- 

 lect committee on retrenchment reported tho bill 

 back with the proposition to strike out all after 

 the enacting clause and insert tho following : 



That every person (excepting the Secretaries of 

 State, of the Treasury, of War, of the Navy, and of 

 the Interior, the Postmaster-General, and the Attor- 

 ney-General) holding any civil office to which he has 

 been appointed by and with the advice and consent 

 of the Senate, and every person who shall hereafter be 

 appointed to any such office, and shall become duly 

 qualified to act therein, is, and shall be, entitled to 

 hold such office until a successor shall have been in 

 like manner appointed and duly qualified, except as 

 herein otherwise provided. 



SEC. 2. And be it further enacted, That when any 

 officer appointed as aforesaid, excepting judges of tho 

 United States courts, and excepting those specially 

 excepted in section one of this act, shall, during a 

 recess of tlie Senate, be shown, by evidence saii-t'ac- 

 tory to the President, to be guilty of misconduct in 

 office or crime, or for anv reason shall become incapa- 

 ble or U-ually disqualilled to perform its duties, in 

 such ea-e, and in no other, the President may sus- 

 pend such officer and designate some suitable person 

 to perform temporarily the duties of such office un- 

 til the next meeting of the Senate, and until the case 

 shall be acted upon by the Senate ; and in such case 

 it sliall be the duty Y the President, within twenty 

 days after the first day of such next meeting of the 

 Senate, to report to the Senate such suspension, with 



the evidence and reason* fur hi* action in the CAM and 

 the name of the person so designated to ; 



duii - of i such otlice. And if the Senate until concur 

 in such suspension and advise and consent t 

 rennr. iln-y shall so certify to the 



nt, who may thereupon remove such < 

 and, by and with the advice and consent of ti 



-. <:nt anotlier person to such office. But if 



[(concur in such Bu*p< ; 



such i. nicer so suspended shall forthwith resume the 

 function.-, of hi* office, and the powers of the person 

 :- |.rri'onninir its duties in his stead shall cease; and 

 tho official salary and emoluments of such officer 

 shall, during such suspension, belong to the person 

 BO performing the duties thereof, and not to tne offi- 

 cer so suspended : Provided, howecer, That the Presi- 

 dent, in case he shall become satisfied that such sus- 

 pension was made on insufficient grounds, shall be 

 authorized, at any time before reporting such suspen- 

 sion to the Senate as above provided, to revoke such 

 suspension and reinstate such officer in the perform- 

 ance of the duties of his office. 



:5. And be it further enacted, That the Presi- 

 dent shall have power to fill all vacancies which may 

 1; ippen during tne recess of the Senate by reason of 

 death, resignation, expiration of term of office, or 

 other lawful cause, by granting commissions which 

 shall expire at the end of their next session there- 

 after. And if no appointment by and with the advice 

 and consent of the Senate shall be made to such office 

 so vacant, or temporarily filled as aforesaid dur- 

 ing such next session of the Senate, such office 

 shall remain in abeyance, without any salary, fees, 

 or emoluments attached thereto until the same shall 

 be filled by appointment thereto by and with the ad- 

 vice and consent of the Senate ; and during such tune 

 all the powers and duties belonging to such office 

 shall be exercised by such other officer as may bj 

 law exercise such powers and duties in case of a va- 

 cancy in such office. 



SEC. 4. And be itfurtJwr enacted, That nothing in 

 this act contained shall be construed to extend the 

 term of any office the duration of which is limited by 

 law. 



Mr. Howe, of Wisconsin, said : " I have a 

 single suggestion to make to the Senate, and 

 that is as to the propriety of excepting from 

 the operations of this law, or proposed law, the 

 heads of departments. I know of no r 

 in the world why they should be made an ex- 

 ception." 



Mr. Edmunds, of Vermont, in reply, said : 

 ' ; I will state with pleasure, so far as I under- 

 stand it, the reason ; and I believe I compre- 

 hend the views of the committee on that point. 

 We do not doubt what my friend from Wiscon- 

 sin has said, that these heads of departments are 

 public officers, who are responsible to the pub- 

 lic. :md in whose faithful administration the 

 public have just as much interest as they have 

 in that of any other officer. That is all true ; 

 but it did seem to the committee, after a great 

 deal of consultation and reflection, that it was 

 rijjht and just that the Chief Executive of the 

 nation in selecting these named Secretum-. 

 who, by law and by the practice of the country, 

 and officers analagous to whom by the prartiiv 

 of all other countries, are the confidential ad- 

 viMTd of the Executive respecting the adminis- 

 tration of all his departments, should be j>. 

 who were peiv-ona ly agreeable to him, in \\ bon 

 he could phii-e entire rontidemv and n.lianee, 

 and that whenever it should seem to him that 





