Newspapers / The Wilmington Messenger (Wilmington, … / March 15, 1886, edition 1 / Page 1
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! I '.hi ' JIj r . J. A. BONITZ, Editor and Proprietor. For us, Principle is Principle Right is Right Yesterday, To-ay, To-morrow, Forever." Published Seroi-Weekly $3.00 a Year VOL. XXII. GOLDSBORO, N. C, MONDAY, MARCH 15, 1886. NO. 42. UKAUFORT HARBOR. Tj,e inlatul Route ot Navigation. Improvement of the Sound Be tween wnite uaK and New River. NUMBER FOUR. There is a romantic interest jattach rr to Beaufort Harbor, it! is the oldest port in the state, itie nrst English colonists of Sir Walter Raleigh are believed to have entered it j There Is" excellent authority for rMieving that the shores of Carteret county were the first land the eye of in En glishman rested upon on the jAmeri an continent. j Its proximity to the open pea, its t.a.y entrance, perfect protection, draught of water, spacious room, ex cellent anchorage, admirable climate, extraordinary healthfulness; its union A inland waters, railway connection with all the States and territories, its position on the map1 of th Atlantic -oast and location on the natural and most convenient entrepot of the; State, invests Eeautort tiarnor witnan in terest and importance pleasant to .'ontemplate. j The system of inland navigation, as projected, and the route surveyed as far as Wilmington in this State, and n portions of the coast of South Car olina when completed is destined fb bring Beaufort Harbor into greater prominence, and into requisition alt t available facilities The territory of Rogue and Brown Sounds,j White Oak and New Rivers, is naturally tributary to Beaufort Harbor, and with very slight improvement in the navigation, will be more readily ac cessible thereto. The very earnest at tention of the North Carolina delega tion in Congress is urgently sought and demanded for and in behalf of the inland route between Beaufort Harbor and Wilmington, and for immediate work on that portion betweenPeau- t'ort and New Rivei . I The continuation of the rout trom .Swansboro is through what are locally known as Brown Sound, Silas and Ce dar Point Bays into New River,) a dis tance of fifteen or sixteen miles. 1 wo rinlets are on the route, Beaf and Brown's, the first named the best inlet between Beaufort and the Capei Fear, having about nine feet of water on the bar. There are two important tributary streams on the jroute, Uueen's'and Bear Creeks, presenting a draught ot water ot not less tnan iour Uopf- and pYtpndinf several miles in the interior, and watering a sec ion of I country ot tumtj cuumucuuc productions. in its Ihis route' was surveyed by Geo, Kearney fifty years ago, and the opening of chaunel of navigation found practicable, but the question of permanency was raised among tne Hin- itmeers of that date, and was not then 'satisfactorily determined. But! time has determined it, and it is a question It hat need not again enter intothcon- lderahon or the matter seventy-nve r eighty years ago, the father of governor Dudley opened a channel hroucrh the marshes at the lower end f what is called Brown Sound, by uttinr a straight canal of over a mile n lenefth into Silas' Bay, which jwork ias stood the tests of time and! tides or all these years, and though left in he most neglected state, crossed and e-erossed bv roving cattle, stands in he most permanent perfection, and is vell-nigh as good as when first con ducted. It may be assumed, there- ore, that any work of improvement, lone along these Sounds', or through aese marshes, will remain perman- ntlv good. i The water-way is continuous from wansboro to New; River, but it is not aturallv nracticable navigation. though some light traffic has generally teen maintained through the route, the ordinary rise and fall of the tide V about two and a half feet, and a fraught of at least that much is prac- icable at Inch-water. But the chan- pl for a part of the way is very rooked, -and any work, or improve ment would be to straighten short urns and cut off abrupc points, j The writer examined this route very arefully about two years ago jwith efereuce to the practicability of i im proving its navigation, and nothing of serious nature presented itseit as an bstacle to readily acquiring three or jur feet draught at high water for ;e immediate uses of the people of tributary sections. i The difficulty with the most of the 3icers of the Enerineer Corps sent out examine and rebort on the practi cality and utility of such works is Fat they come with too exalted ideas the work to be performed, ana re 'rd nothing short of a ship channel worthy of undertaking; and their ' ports generally present the obstacles be encountered on such stupendous If K ot improvemenr. I ! The localities of which we are trfeat- H are not now demanding improve rs of the character of ship chan- It' d. in fi- I-vy or A) rum win toi ,i if ?TVi f-uerits asked fnr arfi local in their Wure and annlication. Such iim- Povement along our inside and minor uerways as would accommodate uaU eratt aud servp to invite and in- Pic-e thft n i;!rrl,f "aajrht steamers, would stimulatejthe jelopnient of resources, and gr!ad a'3' brinj? about trm npfpsssitv fnr!en- r?ement. Of course, with the wav opened to the' use and: emplby- - "t fcmanerj2ratt, the means and leniences for pushing the works of wged improvement would L ! at hand with the facilities for! its aper, more efficacious, and ramd ecution. immediately available: the improvement required and the gfity therefor, will have beenlef 5 -vwuy demonstrated; But the vew ,. - j "vviuo uui l.u lilt VC lled amonc the orrpatpy nnK ,oseupon whom the projection vunuu ol me river and harbor vement wnrV nf th 4Ut ltis PuNie misfortune - so, AN OFFICIAL REPORT. From an official report of a survey, made in 187G, under the direction of Col. S. T. Albert, U. S. A., the fol lowing extract is made, which clearly demonstrates that a three or four foot passage, at high-water, could be made continuous, through from White Oak to New River with no great outlay of labor and money : "From Swansborough following the channel to the west of Hoggins and Dudleys Island's, a depth of 8 feet can be obtained as far as the entrance to South Cow channel, the only entrance at low water, connecting with succeed ing sloughs leading to New River In let. An extensiye shoal bars this en trance, save a very narrow passage running: between its northern point and the adjacent marsh. Through this passage, and for three-fourths of a mile, only 3 to 7 feet of water is found, but the remainder of the dis tance to Bear Inlet, 2$ miles, carries a depth of from 8 to 14 feet. The depth of water over the bar at Bear Inlet at low water, is 5 feet. The tide rises 4 feet. From Bear Inlet the Bank Chan nel is wide and straight for a distance of 1 miles, with a depth of between 7 and 8 feet. Here the communicat ing slough becomes narrower and tor tuous, the islands become more num erous, and the depth of water varying at nearly every cast from 2 to 8 feet until Brown's Inlet is reached. The bottom is as changeable as the depth, being either hard sand, soft sand, mud, or oyster-rock. There is no channel over the bar at Brown's Inlet. The tide rises five feet, five inches at the inlet, but this rise decreases rap idly as we pass into the creeks. To the meeting point of the tides, called the Crooks, 2 miles from Brown's Inlet, the depth varies from 2 to 5 feet. From the sandbar bare at low water formed here, the depth varied from zero to 2 feet to nearly the north erly point of Ne. River Inlet." For only a short distance through out the sixteen miles between Swans boro and New River was then found less than two feet water, at low tide. The rise and fall of the tide along the whole route varies from 2 to oh feet except at New River Inlet, when the least rise is 20 inches. It follows therefore, that a channel of 3 to 4 feet, at high tide, could be made continuous at very little labor and expense. A high-water channel, though not the best, would accommodate local com merce and provide very efficient inland navigation for a large section of coun try now thrust outside to brave the dangers of the sea in small vessels. ESTIMATES OF CAPT. BIX BY, ENGINEER CORPS. Capt. W. II. Bixby, in charge of River and Harbor improvements in North Carolina, headquarters at Wil mington, referring to Col. Abirts re port says : "Combining this description with the information derived from the Coast Survey map, we find that at least a 3 foot channel (at low water) exists over about one half the way from White Oak River to New River. Allowing for the existing channel, but allowing also for the height (2 feet) of the top of the marsh above low water, we obtain the following estimates for channel ways of different cross-section from White Oak River to New River, a distance of about 80,000 feet : "For a channel of 3 feet depth at low water, 30 feet bottom width and 40 feet top width. 260,000 cubic yards, at 3CT cents, $78,000. "For a channel of 4 feet, depth at low water, 30 feet bottom width and 40 feet top width 300000 cubic yards at 25 cents $90,000. "For a channel of five feet depth at low water, 30 feet bottom width and 40 feet top width, 470,000 cubic yards, at 25 cents $117,500. . "For a channel of 9 feet depth at low water, SO feet bottom width and 100 feet top width, 2,700,000 cubic yards, at 20 cents, $540,000. The above estimates are all for chan nel depths at low water, and are lib eral, in that the material could ail be removed at a cost not exceeding fif teen cents per cubic yard. To make a three or four foot high-water channel would not involve more than from 00,000 to 80,000 cubic yards of cutting, and could be done for from $9,000 to $12,000. Steamboat drawing 2 to 3 feet could then easily navigate the route, and taking the tides suffer no delay. Without doubt the constant use of the channel would improve it; and when it came to the necessity of deepening the draught of water by further dredging, the ready facilities for trans portation of men, supplies, tools and plant, and the removal of material, which the presence of such boats would afford, should reduce the cost of the work to ten or twelve cents per cubic yard. So that upon the whole, the improvement of the inside water way, between White Oak and New Rivers could be effected for about one third to one-half the cost estimated by the officers of the Engineer Corps. NOT WORTHY OF IMPROVEMENT. Capt. Bixby closes his report as fol lows: "With these new estimates be fore me, I still hold to my previously expressed opinion, that since New River has already an outlet to the At lantic through New River Inlet, the Sound from White Oak to New River cannot be improved except at a cost far exceeding that demanded by its present and prospective commerces, and is therefore to-day not wormy oi improvement by the General Govern ment." . . There is an apparent inconsistency .i A n f i r-r a 11 f Vila fiffi- in tne rocuuiuicuua h-j - cer He recommends deepening the channels in Bogue Sound, between Swansboro and Beautort lor me ueu- fit of the commerce ol wmtc River, which is muchmaiier man v,f xrw River. White Oak also has a better outlet to the Atlantic through Bogue inlet man ixew m,!. can eler have at its inlet. .And while Bogue Inlet is but 24 miles by, the outside route from Beaufort bar, New 40 miles, and con trary winds and tides there often de tain laden vessels from four to six weeks. . - - .- No argument in favor of the im provement of the mouth of New River, and its bar, can ever offset the neces sity for the opening of the inside channel-way betweenNew River and Swansboro. and the representative in Congress from that district, (Col. Green) will not have done his full duty and accomplished the greatest good for his constituents of Onslow, until he shall have obtained the appropria tion and the order for the opening of the inside route between New and White Oak Rivers. UNITED STATES ENGINEERS ON NEW AND WHITE OAK RIVERS. RE- PORT ASST. ENGINEER RAN SOM TO CAPTAIN BIXBY. Captain-. In compliance with your instructions, I have the honor to make the following report : Bogue Sound extends from Beaufort Harbor to SwansboroVabout 25 miles. At the latter place enters While Oak River, a stream washing up into On slow and Carteret fnd navigable for a considerable distance; but my time was too limited to make an examina tion. From Swansboro are shipped now about 20,000 barrels of naval stores annually; 3,000 bales cotton, 5,000 bushels peanuts, 15,000 barrels salt fish, besides many fresh fish sent to Beaufort and Wilmington. On White Oak River are large quantities of pine, oak, (hickory, ash) cypress and other timbers, the forest being yet but little pillaged. The Sound between Beaufort and Swansboro is open. Between Swans boro and New River, navigation hy the east-bound or inland route is im- Eracticable now, except for very small oats at high tide. Perhaps one- twentieth of the valuable arable land is cultivated. This does not include large tracts not susceptible of cultiva tion, but which produce timber. New River is now navigable (main stream) about 35 miles for craft of five feet draught; the main obstruction to 8 or 10 feet, is at the month; oTster rock formation; and the bar out to sea. Tide-water reaches 25 miles up, to Jacksonville, or just below. Atmut 4,000 to 5,000 bales of cotton; 30,000 to 40,000 bushels of rice; 50.000 bushels of corn; 10,000 bushels of pea nuts; 100,000 ban els ot nayal stores; 50,000 barrels of salt fish, and a large quantity of fresh fish and oysters, are annually shipped and hauled from the lands and waters ot JSew River Ex cepting naval stores all these pro ducts would probably quadruple in quantity in a few years, if proper egress could be found for them. About one-fifteenth or one-twentieth of the available land is covered by large dis tricts of primitive forests, whose tim ber is almost untouched, lying upon the bank of the river, and in close proximity. Some of the best natural fisheries in the State are here, and 35,000 to 40,000 acres of oyster waters, equal to any in the world, and famous locally, await cultivation and devel opment. This region is untapped by Rail roads, and almost every thing that goes to market is sent by wagons from 25 to 50 miles. Six years experience upon the Neuse, Trent and Contentnea Rivers, convince me that New River would increase its shipments, and the country bordering it improve in quite as rapid proportion, as the above named streams, and the section of country thereon, perhaps even in greater degree. Very respectfully, R. Ransom, (Oct.20,lSS4.) Asst. Engineer. Capt. W. Bi.vby, Corps of Engineer. A LITEKARlf CURIOSITY. The Glasse of Time, in the First and Second Age. Divinely Handled by Thomas Peyton, of Lincolnes Inne, Gent. Seen and Allowed. London: Printed by Bernard Alsop for Law rence Chapman, and are to be sold at his Shop over against Staple Inne, 1620. Now reprinted in a neat volume, Long Primer type, bound in fine cloth, gilt top, beveled boards. Price 50 cents. The quaint poem, of the title page of which the above is a transcript, ap peared nearly half a century earlier than Paradise Lost, and it is intrinsic ally probable that it would have fallen under the eye of Milton; in any case there are striking points of resem blance between the two poems, and many have supposed Milton's immor tal work to have been inspired by the former. Only two copies of the work aie known to be in existence previous to the issue of the present edition, one being in the British Museum, the other in the Bodleian Library, Oxford. The copy in the British Museum was pur chased at a noted sale of old books in 1819, by Baron Bolland, who notes upon a blank leaf that it cost him 217. 17. Gd., (about $110.00). Some years ago a gentleman of Virginia, Mr. J. L. Peyton, sprung from the old Eng lish family of that name, made an ac curate transcript of the copy in the British museum, preserving even the quaint spelling, punctuation, capital izing, and italicizing of the original. This present edition is printed without alteration. Apart from its presumed connection with Paradise Lost, the po em has very considerable merits of its own, and "is in every way a literary curiosity. John B. Alden. Publisher, New York. Blowing up Hell Gate has been a laborious and costly work, but the end justifies the effort. Obstruction in any important channel means disaster. Obstructions in the organs of the human body bring inevitable disease. They must be cleared away, or physical wreck will follow. Keep the liver in order, and the pure blood courses through the body, conveying health, strength and life; let it become disordered and the channels are cloffged with impurities, which result in disease and death. No other medicine equals Dr. Pierce's "Golden Medical Dis covery" for acting upon the liver and pu rifying the blood. PRESIDENT AND SENATE. Senator Pugh's Reply to Sena- ' tor Edmunds. ' S Mr. Pugh said he had expressed his views fully upon the subject of this debate in the report made from the Judiciary Committee by the minority, and the main object he had innow ad dressing the Senate in reply to the Senator from Vermont was to prevent, if it was in his power to do so, which he admitted was a difficult undertak ing, to prevent that Senator from changing the character of the ques tion between the Senate and the Pres ident. The real character of that con troversy could not be misunderstood or misrepresented, as it had arisen upon facts apparent upon the record and reported by a majority of the Ju diciary Committee. When th Sena tor from Vermont was at the wheel he steered by his owd chart; he never ran on straight lines; he never con sulted other sailors, and he lost his temper when there wasany question of skill of his seamanship, and when the officer of the ship undertook to se lect a crew to man it without his ad vice and consent he instantly headed a mutiny. At the risk of incurring the displeasure of his honorable and distinguished friend, he should call a reckoning so that we might under stand where we are and whither we are drifting. What were the facts by which it is the duty of all of us to be guided. Thej' were few and simple. On the 17th of July, 1885, George M. Duskin, being District Attorney of the South ern District of Alabama, was suspend ed by the President, and on the same day John D. Burnett was designated to discharge the duties of that office. On the 14th of December, 1885, the Senate being in session, Mr. Burnett was nominated to the Senate to get the advice an x consent to his appoint ment. That nomination was referred to the Judiciary Committee, and it lay there over a month. In the mean time, on the 20th of December, 1885, the term of office of George M. Duskin expired. Oa the 25th of January, 1886, one month after the term of Mr. Duskin had expired, (he was no longer an incumbent of that office,) the,reso lution was sent by the Senate to the Attorney General. The Senator here read the resolution of the Senate call ing for the papers in the Duskin case. "For what purpose, he asked, was that information sought by the Senate of the Attorney General? The majority of the committee stated distinctly the purpose for which these papery vere sought."' Here'Ihe Senator reacTfrom the majority report the passage end ing with the declaration that "public interest and public duty would require that the facts be made known, in or der that the Senate may understand- mgly and promptly advise the remo val.'' It was useless, Mr. Pugh continued. for him to read other passages in the report making the same statement that the use the Senate intended to maKe ott tne documents and papers sought trom the Attorney General was to enable the Senate to exercise the power of revising the act of removal of Mr. Duskin by the President. What was the character of the information souerht by the Senate from the" office of the Attorney General? The reso lution spoke for itself on that subject: "Resolved, That the Attorney General of the United States be and he hereby is directed to transmit to the Senate copies of all documents and papers" not public documents, not official documents, not public or official pa pers, but private documents and pri vate papers relating exclusively to an official act of the President in the sus pension of Mr. Duskin as District At torney. The inquiry proposed by the Senate. was to be made with the knowledge of the fact that more than four weeks before the resolution was offered to the Senate the term of Mr. Duskin had expired. Then what possible use could be made of in formation, sought in that case? It was pure fiction. Why, the report of the majority de clared that the information was want ed to enable the Senate to discharge the great duty imposed upon it of ma king an inquiry as to the propriety of an official act by the President. The power to do which was expressly con ferred upon him by law, to be exer cised within his discretion. If they had decided the removal was improper or unwise, what would have been the effect of the decision? Could it have restored Mr. Duskin? Was he still a suspended officer, awaiting the ad journment of the Senate, to be restored to the duties ot his omcer The benate was to-day engaged in an enquiry about a matter from which there could be no possible practical result. It was a moot question merely, and the Sen ate was turned into a moot court to discuss purely an abstract proposition. The refusal of theUtorney General, five weeks after the expiration of his term of office, in obedience to an ex pressed order of the President, to send in private documents relating to the suspension of Mr. Duskih, was criti cized in a resolution of jthe majority as a violation of dutr, and that viola tion was denounced as being subver sive of the principles of the Govern ment and of good administration, an act so characterized as to make it suf ficient ground for instant impeach ment. What was the relation between the President and his Cabinet officers? Mr. Pugh would let Mr. Edmunds own w-rds answer that auestion. He then quoted from one of Mr. Edmunds speeches on the 1 enure ot umce aci to show that Mr. Edmunds held that a Cabinet officer should be a gentleman Eersonally agreeable to the President, eing one of his confidential advisers, yet the Senate was asked to pass a resolution condemning the Attorney General for obeying the President, whose adviser he was and who stood m that relation of trust and confidence to him indicated by a quotation made from the speech of the Senator from Vermont. The Attorney tren erai w s asked by. this resolution of the Senate to disregard the positive order of the President and thereby make himsplf liable to instant dismissal from the Cabinet on terms of that relation sta ted by the Senator from Vermont him self. The President could not, with self respect, have held that Attorney General in his Cabinet a single mo ment after obeying the resolution of the Senate. Was that the way for one co-ordinate Department or the Government to treat another? Was not that request from this erreat law making power to the Chief Magistrate or his Attorney General that would result m breaking up their relations of confidence and trust and making the Attorney General liable to instant dismissal from the Cabinet? What did the President say about the action of the Senate asking the Attorney General for these papers? Mr. Pugh read at length from the President's message, anong other things the statement that there had been no official papers or documents filed in his (the Attorney-General's) de partment relating to the case within the period stated in his resolution. There, said Mr. Pugh, is a statement by the President of a matter of fact within his persorJul knowledge, and the Senator from Vermont contro verts the truth of that statement, hav ing no foundation whateyer for the dtnial. There is an issue made in the report of a majority of the Judiciary Committee with the President upon a matter of fact, that is within his per sonal knowledge. Are these papers called for from the Attorney-General snch as this Senate has a right to have in the discharge of its duties? The President had stated that the papers were private and unomcial and re lated to nothing over which the Sen ate had jurisdiction. The majority of the Judiciary Committee and its dis tinguished chairman, the Senator from Vermont, said that, although private and unomcial, they would enable the Senate to discharge the duty it had to perform. The power it claimed of revising the official act of the Presi dent in suspending George M. Duskin as District Attorney. That was the undisputed basis of the claim to these private, unofficial papers. It was the power of the Senate to exercise the same control and revision over the act of suspension or removal that was claimed and exercised and given to the Senate expressly by the Constitu tion of advising and consenting to ap pointments. There was no mistake about that being the claim asserted bv the maioritv of the Judiciary Com ml V mf X mittee and there was no mistake that the resolution reported condemned the official act of the Attorney-Gener al for the reason that he had with held, on an order of the President, in formation that he stated was private documents and papers, that he said were unofficial and private, and with held from the Senate On the Presi dent's positive order first, because they were private and unofficial, and secondly, oecause they related to no duty that the Constitution or law im posed upon the Senate. Is there anything, said Mr. Pugh, in the history of the Government to support this claim ? The distinguish ed Senator from Vermont has present ed along array of what he calls pre cedents. 1 undertake to say, and challenge denial upon the fullest test, that there is no case in the history of the Government tor eighty years where any such documents as those called for in this resolution were ever transmitted to tne oenate in execu tive or public sessions on an order of the Senate upon an Attorney-General or President. My honorable and distinguished friend paraded in a manner that indi cated that he was about to achieve a great triumph over the President in the production of the letter sent from the Judiciary Committee, and signed by Allen G. Thurman as its chairman, to the Attorney-General. I endorse all that the Senator has so well said about Allen G. Thurman. Yes, Mr. President, Allen G. .Thurman is the greatest and wisest and purest Amer ican statesman now Hying. Ap plause in the galleries, whose occu pants were notified by the occupant ot the chair, Mr. Harrsss, that any further demonstrations of applause would result in the galleries being cleared. 1- was surprised that the great Senator from Vermont in this great law-making department of the Government should invoke thname and fame and authority of that great statesman to sustain the claim now made on the Attorney General for those documents. What had Senator Thurman said on the Senate in relation to this power of removal? Mr. Puerh read from Mr. Thurman's speeches in the debate on the Tenure of Office Act, in which he expressed a conviction that the power of removal was ah executive power exclusively, residing in the President alone. Yet the Senator from Vermont invoked an order signed by Mr. Thurman, as the chairman of the Judiciary Committee, addressed to the Attorney-General, which Mr. Pugh would read to the Senate. Mr Pugh then read the letter which was read yesterday by Mr. Edmunds, calling for the papers bearing on the removal of Judge Shaffer, of the Ter ritory of Utah. That person. Mr. Pugh said, had been judge of the Territorial Court, and in the provision conferring the power of suspension on the Presi dent there was an express exception of Judges olthe United States. The que, tion waswhether Territorial Judges were embraced in that language. The Senator from Vermont knew that that question was now before the Judi- ciary committee ne knew mat tne great Senator and lawyer from N ew York (Mr. Evarts) was a member of that sub committee, with that splen did lawyer, llr. Jackson, from Tennes see, and that, after two weeks or more of consideration, they had made no re port on that question submitted to them of the power of the president in vadation to suspend the Judge of the Territorial Court. The Senator from Vermont knew that the Senator from New York (Mr. Evartshad expressed the opinion that these Territorial Judges were not subject to the power oi suspension oy the President. That was to-day an open question before the very committee of which tho hon orable Senator was chairman, and with the declaration by one of the most dis tinguished lawyers that ornamented tue judiciary ot the country declaring it to be his opinion that this power of suspension given the Presideut in Sec tion lGb of the Revised Statues did not apply to Territorial Judges. men why was it that Senator Thur man, as chairman of the Judiciary Committee, sent that order or request to the Attorney General? He seut it uuder section lru, makiner them sub ject to removal, but only bv and with- the advice and consent of the Senate.. There was a predicate for the order of Chairman Thurman upon the Attorney-General to send in all information and papers relating to the removal, ana not to tne suspension. Mr. Pugh here read Section 1767, and continued. Under that section the power of removal was to be exer cised by and with the advice and con sent of the Senate. It was in obedi ence to the provisions of that :sectiou that the order was sent by Chairman Thurman to the Attorney-General, calling for information In refer ence to the remove that required the advice and consent of the Senate just as in the case of au ap pointment. There had been other Presidents besides Mr. Cleveland that had sent messages to the Senate, aud he (Mr. Pugh) would read some of these messages. Mr Pugh read the messages of President Andrew Jack son, dated December 12th, 1833, aud January 13th, 1835, assertiner the co ordinate power ot the Presidential of- hce. Mr. Pugh then inquired what was the explanation of the opinions of the Senator from Vermont. Where would the foundations of those opinions be touud i opinions expressed in his very remarkable speech of yesterday. The foundation of that opinion was that this power of removal was not vested in the President by the Constitution either expressly or by implication, but that it was the legislative power vest ed alone in Congress, and that the President had no power either of re moval or suspension except such as he derived from an Act of Congress. That was the precise issue made in the first Congress under the Constitution in 1789; that was the precise issue made by Messrs. Clay and Calhouu in the contest with Andrew Jackson in 1835 If this power of removal wara crea ture of law, and there was no power to make law except by the two Houses, then we could find a predicate for the statement ot the Senator from er mont that either house of Congress could call for papers. Under that view of the Constitution; under that view of the power of removal, the Senator from Vermont was fully justi fied in stating that either house, by virtue of the power it possessed over this matter of removal, had a right to call for this information. Mr. Pugh then read from speeches of Mr. Edmunds during the debate m the Tenure of Office bill to show that Mr. Edmunds then maintained that re moval was a legislative act. In that debate, ;Mr. Pugh continued, there was no? doubt the beginning of this view entertained by the Senator to day. He (Mr. Pugh) had no doubt that it was the legal opinion of that distinguished lawyer (Mr. Edmunds) that under the law-making power of Congress this power of removal could be vested in the House of Representa tive alone, or the Senate alone, or in the Speaker of the House or the Presi dent of the Senate alone, or that it could be vested in the two houses jointly; that it was a pure creature of law, and under the absolute control of Congress. Mr. Pugh read from the speech of Messrs. Calhoun and Clay, to show that the views entertained by 41 11 .1.. . mose puDiic men supported the view of Mr. Edmunds that the removal was a legislative function and under the control of Congress. He had Senator Walthal read for him from a speech of feenator bprague in the Senate in the qebate on the Tenure of Office bill. A careful statement of the question here involved, Mr. Pugh said, which state ment was known to have been written by Chief Justice Chase, expressing, on the' contrary, the conviction that the only function of the Senate in the cases involved in the discussion was merely one of assent or dissent, and strongly controverting the point that the function of removal was a legisla tive one. He (Mr. Pugh) boldly chal lenged the reply to that paper as the direct authority to support the view of Mr. Madison and the view that was understood to be that of Chief Justice Chase just read. Mr. Pugh read from the repoit of the minority, opinion of the Supreme Court delivered by Justice Miller in the case of Kilbourn against Thomp son. There was, he said, in that opin ion a recognition of the proposition that when one co-ordinate department entrusted with special powers called upon another co-ordinate branch for information in relation to the exercise of the jurisdiction or powers belong ing exclusively to that other depart ment, it was the duty of the first to in form the other of the use intended to be made of the information so it might appearto the department having it in its possession whether it was its duty to transmit the information in order to promote the exercise of a constitution al function of the Government. That was precisely the question involved in this case now, he continued. Let it be true that this was not the substan tive executive power vested by the Constitution in the President alone; let it be true that a like power of ap pointment by the Senate, "shared with the President's power of removal: let it be true that the power of removal was a legislative power and not an ex ecutive power, and that the entire reg ulation of it belonged alone to Con- grss under the Constitution. Let all that be true, and he would now call the attention of the Senate to the ex pediency and practicability of such a power being exercised by the Senate. He read from a report of minority as bearing upon the point a portion of an extract from a message of Presi dent Grant in 1S69, calling attention to the embarrassments likely to ame from leaving on the statute book." the Tenure of Office Act, and asking what faith the President could put in subor dinates forced upon him and how such official would he likely to nerve an administration knowing that it had no iaiiu in mm. ine information fought of the Attorney-General by resolution " lw,:; wcnic, ne haiu, was to enable t, so said the majority report, to de- ,,,c "uc,ul' iiiey would advise and onsent to the removal nP o tended officers, so thnt if thov - , . . J iiki MVJl UIW mill H)I1SP11T Tft tlw c.ic..,,,,.-.. or removal these officers might by the i lueienureor Uflice Act go oacK. into their ofliees when thr Senate should adjourn. What was 1 that but exercising the power by the Senate of selecting agents for the- t lesmeni to exercise hi constitutional' duty. What was it but compelling- . trim to take into his trust and confl uence a man whom he had suspended trom office ? . Mr. Pucrh further mm !.. ... . - . ..v,u , c port ot the minonfv n. rrnm u. . -'j ....y. . i .m uir journals of Congress extracts from the spcwuifs ui senators .Morton and Sher man upon the proposed repeal of the Tenure of Office Act, and from those oi .uessrs. uaihoun and Clay upon powers of the Senate in the matter of removals. in conclusion. Mv. P . . ----- - "ft,.. r.fIV! ma uu- l ject had been to define the character' oi ims contact of authority between the President and tho Senate, and to fortify the view that had alwavs been taken oy tne Democratic party, and to fortify it by authorities commenc ing at the First Congress and rnnuing down to the latest period. Mr. Cleve land had no fear of an appeal to the- He supposed the majority in the Sen ate had no fear of appealing to the KWF " mvor or tne omnipotence of the Senate. He knew the minority had none in appealing to the people upon the omnipotence of the Constitu tion and the integrity of Mr. Cleve land s administration. ABOUT STATUES. How Washington Streets are to lie Ornamented. Washington, March 3.-Gath sends the following to the Cincinnati En. .j mrer: Since I have been in Washing ton a monument ha.s been devised to the Confederate Gen. Lee, and I sup pose it may be built, for Richmond is a,Psperous city of perhaps 100, 000 inhabitants, or more. I saw Leo ride his horse back into Richmond after the surrender of his army. The contract for this monument has been awarded by a committee of sculptors and artists to Niehaus, the German sculptor, of Cincinnati. The statue of Gartield, in the Capitol, is undoubtedly an excellent likeness. The States are coming forward slowly enough with their statuary. New Jersey was sup posed to have selected Richard Stock ton and Philip Kearney for artistic embodiment, but after they had made the STATUE UK KKAKNKV they fell to discussing his frailties, aud consequently tho statue has been sent to neither Washington nor Trenton, but has been set up in some square in Newark, N. J. The New England States have been the most public smr? ited in responding to the Government's invitation. Maine has but one statue that oHier first Governor, William King. New Hampshire is said to be engaged upon statues. Vermont has sent hers Ethan Allen and Jacob Collamer. Massachusetts employed a woman to make one of her statues, and Pennsylvania also gave one statue to a woman to do. Connecticut gave her order for two statues to one man, Ives, while Rhode Island divided her order, giving one statue to Simmon and another to Brown, of Newburg, and it is generally thought here that Rhode Island has done the best of any of the States. All the statuary, how ever, is good quite as good as any statuary of a portrait character to be found anywhere. The illustrating of this country is proceeding handsomely, and public spirit increases at each suc-i cessive monument to rise, and if we had an international copyricrht law tho Literature or the united states would nrobablv trrow a fnt a iUt art. Some of this public work is of sucn a generous character as to excite wonder. For instancn. U nr man on tho tailor's bench, from, iana , is to have an equestrian statue in the city of Provident- .il military career is chiefly linked with, a most terrible disaster. This man. never attempted to humility, but rather boasted of it, and" I have heard it said that this frankness made him estimable, and that the rich people of Providence are illustrating iu suuuitij uecause tney remem ber his simplicity of talkand'behavior. He did not pay his debts, I understand ; but neither did William Pitt. The lesson ought not to be lost upon the dudes of this country, who expect to be considered representative by mis pronouncing the language and aping: some other country. The monument of obn. grant, which Congress will no doubt vote, for it is a small sum of money, consider ing the revenues of the land ;. and tho general lesson of Grant's life is highly useful in both private and public life and especially to the soldiery of the army, who can learn from him that loyalty-is the sum of the virtuous.. Old Deacon Dobson boasted that he Was alwava "nrpnnrod fx- n j j - t,. vu IV! fciic TO UiBI, UIlll so he was, for he Always kept Dr. Bull's Cough Syrup m the house, regarding it the oi nly safa remedy for coughs and colds.. A large and beautiful line of Children' Carriages J ust received at t . Fuchtlkb & Kern's
The Wilmington Messenger (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 15, 1886, edition 1
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