CONGRESS, UNITED STATES. 



195 



suspended, no President would think, the mo- 

 ment the Senate had adjourned, in defiance of 

 its action, of again suspending the officer who 

 was by law restored to his former position, un- 

 less it was for some cause subsequently arising. 

 " The bill, then, preserves, as we have re- 

 ported it, the principle which has been con- 

 tended for, and which lies at the foundation of 

 the Tenure-of-office Act, and, at the same time, 

 it removes out of the way every obstacle to the 

 President's filling the offices of the country 

 witn competent and efficient men ; for, if this 

 law were repealed totally, as some insist it 

 ought to be, the President could not fill these 

 offices, except temporarily, but by the consent 

 of the Senate. If we had no tenure-of-office 

 law, all the President could do would be to 

 put into office an individual to occupy the posi- 

 tion until the end of the next session of the 

 Senate ; it would be but a temporary appoint- 

 ment; but, under the bill as we have reported 

 it, he may designate a person, who will con- 

 tinue to discharge the duties for the same 

 length of time. Therefore, by this bill, there 

 will be no obstacle in the way of the Presi- 

 dent's selecting such officers as he desires to 

 administer the Government which is not inter- 

 posed by the Constitution itself, which make 

 the advice and consent of the Senate necessary 

 to these appointments." 



The bill was then passed. 



In the House, on March 25th, on motion 

 of Mr. Butler, of Massachusetts, the bill and 

 amendments were referred to the Judiciary 

 Committee, yeas 94, nays V9. 



On the 26th, this vote was reconsidered 

 without a division, and the House refused to 

 concur, by the following vote : 



YEAS Messrs. Ames, Armstrong, Asper, Bailey, 

 Beaman, Beatty, Benton, Bingham, Boles, Burdett, 

 Koderick E. Butler, Cessna, Churchill, Clinton L. 

 Cobb, Coburn, Cowles, Dixoii, Dockery, Donley, 

 Duvall, Ela, Farnsworth, Ferriss, Finkelburg, Gar- 

 field, Gilflllan, Hawley, Hill, Hooper, Hotchkiss, In- 

 gersoll, Jenckes, Kelley, Kelsey, Ketcham, Knapp, 

 Laflin, Lash, Lawrence ; Lynch, Maynard, McCarthy, 

 McGrew,Mercur.Eliakim H. Moore,William Moore, 

 Packer, Poland, Pomeroy, Prosser, Boots, Sandford, 



o. j. ci ' r .1 i_ n _ _ j i t ri i TTTII ' 



Wheeler, John T. Wilson, and Winans 70. 



NAYS Messrs. Allison, Ambler, Archer, Axtell, 

 Banks, Beck, Biggs, Bird, Blair, Boyd, Brooks, Buf- 

 finton, Burr, Benjamin F. Butler, Calkin, Clarke, 

 Cleveland., Amasa Cobb, Cook, Conger, Crebs. Cul- 

 lom, Davis, Dawes, Deweese, Dickey, Dickinson, 

 Dyer, Eldridge, Ferry, Fisher, Fox, Getz, Golladay, 

 Gnswold, Haight, Haldeman, Hambleton, Hawkins, 

 Hay, Heaton, Hoag, Hoar, Holman, Hopkins, John- 

 son, Alexander H. Jones, Thomas L. Jones, Julian 

 Kerr, Knott, Logan, Loughridge, Marshall, May- 

 ham, McCrary, McNeely, Moffet, Jesse H. Moore, 

 Morgan, Mungen, Niblack, O'Neill, Orth, Packard, 

 Paine, Palmer, Phelps, Eandall, Eeading, Eeeves, 

 Eice, Eogers, Schumaker, Sheldon, Slocum, John A. 

 Smith, Joseph S. Smith, Stevenson, Swan, Sweeney 

 Tanner, Townsend, Trimble, Tyner, Upson, Van 

 Horn, Van Trump, Cadwalader C. Washburn, Wil- 

 liam B. Washburn, Wells, Whittemore, Wilkinson, 

 Williams, Eugene M. Wilson, Winchester, Witcher 

 Wood, and Woodward 99. 



NOT VOTING Messrs. Adams, Arnell, Benjamin, 

 Bennett, Bowen, Cake, Fitch, Greene, Hale, Hamill, 

 Hamilton, Judd, McCormick, Daniel J. Morrell, 

 Samuel P. Morrill, Morrissey, Negley, Peters, Pot- 

 ter, Worthington C. Smith, Stiles, Stokes, Stone, 

 Strader, Van Auken, Voorhees, and Willard 48. 



On March 29th, the Senate refused to re- 

 cede, by the following vote : 



YEAS Messrs. Bayard, Casserly, Cole, Davis, 

 Fenton, Fessenden, Fowler, Grimes, McCreery, Mc- 

 Donald, Morton, Pool, Eobertson, Boss, Sprague, 

 Stockton, Thayer, Thurman, Vickers, and Warner 

 20. 



NATS Messrs. Abbott, Anthony, Boreman, 

 Brownlow, Buckingham, Cameron, Carpenter, Cat- 

 tell, Conkling, Cragin, Drake, Edmunds, Ferry, 

 Gilbert, Hamlin, Harlan, Harris, Howard, Howe, 

 Kellogg, Morrill, Nye, Patterson, Pomeroy, Pratt, 

 Eamsey, Eice, Sawyer ,'Schurz, Scott. Spencer, Sum- 

 ner, Tipton, Trumbull, Willey, Williams, and Wil- 

 son 37. 



ABSENT Messrs. Chandler, Corbett, Hamilton, 

 Norton, Osborn, Saulsbury, Sherman, Stewart, and 

 Yates 9. 



A committee of conference, consisting of 

 Messrs. Trumbull, Edmunds, and Grimes, was 

 appointed on the part of the Senate, and 

 Messrs. Butler, C. C. Washburn, and Bing- 

 ham, on the part of the House, who recom- 

 mended the following amendments to the bill. 



On March 31st, the committee agreed to re- 

 port to each House as follows : 



That the House of Eepresentatives recede from its 

 disagreement to the Senate amendment, and agree to 

 the same, with the following amendments : 



Strike out all after the word "officer" in line 

 twenty-seven of the second section of the Senate 

 amendment to the end of the section, and insert in 

 lieu thereof the following : " Then, and not other- 

 wise, the President shall nominate another person 

 as soon as practicable to said session of the Senate 

 for said office." 



Amend section three of the act to which this is an 

 amendment, by inserting after the word "resigna- 

 tion" in line three of said section the words follow- 

 ing : " or expiration of term of office." 



In the Senate, Mr. Trumbull, of Illinois, said : 

 " As the bill passed the Senate, it will be recol- 

 lected it provided that if no nomination was 

 confirmed by the Senate in place of a suspend- 

 ed officer during the session, and the Senate 

 by a vote refused to concur in the suspension, 

 then, at the* end of the session, the suspended 

 officer should be restored to the office and dis- 

 charge its duties and receive its emoluments. 

 All this is stricken out by the conference com- 

 mittee, and in lieu of it is inserted that the 

 President shall, as soon as practicable, make 

 another nomination to the Senate. This leaves 

 the law in this shape : the first section of the 

 act provides that all persons appointed by and 

 with the advice and consent of the Senate, ex- 

 cept judges, shall hold their offices during the 

 term for which they were appointed, unless 

 sooner removed by and with the advice and 

 consent of the Senate, except as is provided in 

 the next section. 



" The second section authorizes the Presi- 

 dent of the United States, during a recess of 

 the Senate, to suspend from office any officer 

 appointed by and with the advice and consent 



