17 REMARKS OF HOITST. LYMAN TEUMBIJLL, A REPUBLICAN SENATOR FROM ILLINOIS. ' — 111 * ■ ■ ■ ■ - -■■ — — • The Senate on the 19th day of December, 1871, had under consideration the following resolution, submitted by Mr. Anthony : Resolved, That the CommMee of Investigation and Retrenchment be composed of the following Senators: Mr. Buckingham, (chairman,) Mr. Pratt, Mr. Howe, Mr. Harlan, Mr. Stewart, Mr. Pool, Mr. Bayard, and Mr. Casserly. « Mr. Trumbull had moved to amend the resolution by-adding thereto the following: And that said Committee of Investigation and Retrenchment be instructed to inquire into the expenditures in all branches of the service of the United States, and to report whether any and what offices ought to be abolished; whether any and what salaries or allowances ought to be reduced ; what are the methods of procuring accountability in public officers or agents in the care and disbursement of public moneys; whether moneys have been paid out illegally; whether any officers, or agents, or other persons have been, or are, employed in the public service without authority of law or unnecessarily; ar.d generally how, and to what extent, the expenses of the service of '.he country may and ought to be curtailed. And also to consider the expediency of so amending the laws under which appointments to the public service are now made as to provide for withdrawing the public service from being used as an instrument of political or party patronage. That said committee be authorized to sit during the recess of Congress, to send for persons and papers, and to report by bill or otherwise; and that said committee may appoint a clerk. The pending question was, upon agreeing to the motion of Mr. Anthony, to amend the amendment of Mr. Trumbull by striking out all after the word “curtailed,” Mr. TRUMBULL. Mr. President, I feel like congratulating some Senators on the progress they have made within the last week. The resolution which I had the honor of offering at that timewas denounced by them as monstrous, and spoken of with amazement. To-day it is talked of as very harmless, and not amounting to anything; it is said it. would not authorize an*investigation of fraud or of anything else; it does not go far enough. It is exceedingly gratifying to find that Senators have made such progress in favor of investi¬ gation. What new lights have shone upon them I am unable to say, but certainly some light, either from above or from the sovereign people, somehow or other seems to have pene¬ trated the minds cf certain Senators so that they discover now that that which was denounced by the Senator from Michigan [Mr. Chandler] as a proposition to create a committee pos¬ sessed of all knowledge is now very proper. I believe he went on to say that the Almighty did not make any such men any more; at any rate, if he did make such men, forgetting that he himself was still in the Senate, he said they were not sent here. [Laughter.] Now, it is pleasant and agreeable to find how the views of Senators have changed, and I am gratified at the discovery that has been made by the Senator from Indiana, [Mr. Morton,] who seems to have received peculiar light upon this subject, and he has discoverad that the resolution amounts to very little. He has discovered that an inquiry into the “methods of procuring accountability in public officers or agents in the care and disbursements of public moneys,” “and to what extent the expenses of the service of the country may and ought to be curtailed,” does not authorize an examination of fraud. The word “ fraud ” seems to haunt him. Now, suppose you call it “ an abuse ” instead of “ a fraud.” I suppose the resolution would authorize investigation into abuses; and if it should turn out, when the committee makes an investigation, that agents and officers having the care and disbursement of public money have been using it improperly, if some agent or officer in the custom-house at New York has been paying out public money for the purpose of hiring delegates to go up to the Syracuse convention, I do not suppose the Senator from Indiana would call that fraud! Bat if a trustee having charge of his money were to use it in that way for improper purposes, to convert it to a use for which it was not placed in his hands, Very likely he would consider that a fraud. I think the resolution is very broad and covers a great deal of ground, and was so intended originally. The motion now pending is to strike out from the instructions proposed to be given the committee these words: • And also to consider the expediency of so amending the laws under which appointments to the public service are now made as to provide for withdrawing the public service from being used as an instrument of political or party patronage. It i 3 said that is the civil service reform proposition, and that that is covered by a law of Congress. The law of Congress has nothing in the world to do with it, Mr. President. The % 18 act passed March 3, 1871. authorized the President of the United States to prescribe rules and regulations for the admission of persons into the civil service. That is alb Mr. MORTON". That is not all. Mr. TRUMBULL. Well, I will read it; the President is by it— “ Authorized to prescribe such rules and regulations for the admission of persons into the civil service of the United States as will best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter.” And for that purpose he is “ authorized to employ suitab’e persons to conduct said in¬ quiries.” What inquiries? The inquiries as to providing some way to ascertain the fitness of persons who appiy for office, to prescribe the duties of the commissioners, “ and to estab¬ lish regulations for the conduct of persons who may receive appointments in the civil ser¬ vice.” He is to appoint this commission to help him in regard to ascertaining who ought to be appointed to the civil service, by prescribing rules to ascertain their qualifications, &e. What has that to do with assessments upon the officers of the Government here in the De¬ partments, and throughout the country, for political purposes? What has that to do with the cases which were testified to in the report wiiich is on our tablq and to which attention has been called, where officers in the custom-house in New York were assessed a certai 5 amount of money for political purposes? 'What has that to do with such a case as I wili read to .show the Senator from Indiana what the condi ion of the public service in some casea is and has been ? Mr. R. M. Kelly—[hope the Senator from Indiana will listen to this, because this is under that civil service system which he think) is the best on earth I—Mr. R. M. Kelly was collector of internal revenue in the seventh district of Kentucky. Mr. A. L, Thompson was a United States storekeeper in the same distri; , and on the IStn day of Feb¬ ruary, 1870, Mr. Kelly, collector, writes to Mr. Thompson as foil >wa; I will read the whole of this letter: United States Internal Revenue, Collector’s Office, Seventh District Kentucky. Lexington, February 18,. 1870. Inclosed please find check for $33 36 and receipt of Louisville Commercial for thirty 7- dollars, amount assessed against you and deducted from your pay account on the recommendation of Wil¬ lard Davis, esq., member of Republican State Executive Committee from seventh district of Ken¬ tucky. Address Publisher Louisville Commercial, Louisville, Kentucky,” for your papers. It. M. KELLY, Collector Seventh District Kch‘ uclzy. A. L. Thompson, United States Storekeeper. • That is an official letter from the collector written to a subordinate storekeeper officially designated as a storekeeper, telling him that on the recommendation *<>f a member of the Republican committee of the seventh congressional district of Kentucky he had taken thi 1 by dollars out of $63 86 that was coming to him for the purpose of p-iying for p ipers. I under¬ stand this Mr. Kelly was about to establish a newspaper. Tais is a sum he of one of the abuses that ought to be corrected. Mr. MORTON. I wish to ask the Senator one question. I want to ask him if thV thing that he refers to was not a violation of existing law ? The co’Iector had no right to reserve that money. And can the Senator make it any more a violation of the law tftan it was at that time? Had not the man a right to keep his money ? Mr. TRUMBULL. It is no use to try to cover up these things by saying they are violations of law. Does not the Senate understand it, and does rot the Senator law? That is what I want, the committee to ascertain, and, whether contrary to law or r t, to take measures to have then corrected. To apply a remeiy we must know of the a) .se. Did the Senator from Indiana know of Thompson’s case? Mr. MORTON. The Senator from Illinois knew about it. Ibdoes not require a con .ittee. Mr. TRUMBULL. The facts of that c'.se have come into my possession since tb’. debate % f / o <• ? s n ^ o 19 began. The Senator from Massachusetts [Mr. Wilson] asks to look at the letter, as if he was a little surprised at it. Is this the first he has heard of this practice? Well, he never heard of that case, but he must have heard of a great many others, if he has read the report of the former Retrenchment Committee. Why, sir, I have been' told that the question has been asked in the New York custom-house as to the political influence a man could have, if he was appointed, in securing a delegate to some convention. Now it i3 proposed to strike out from this resolution any inquiry in regard to this matter. If it would not take up too much time, I have got another letter here that I might read. Now, Mr. President, what is proposed to be done? This resolution authorizes what sort of inquiries? It authorizes this committee ‘Ho inquire into the expenditures in all branches of the service of the United States.” The Senator from Rhode Island is willing that they shall make that inquiry. “And to report whether any and what offices ought to be abol¬ ished.” He is willing that that inquiry shall be made. He agrees that the committee shall inquire “ whether any and what salaries or allowances ought to be educed.” He agrees that they may inquire “what are the methods of procuring accountability in public officers or agents in the care and disbursements of public moneys, and whether moneys have been paid out illegally.” He agrees that they may inquire “ whether any officers, or agents, or other persons, have been or are employed in the public service without authority of law or unnecessarily.” He agrees that they may inquire “ generally how and to what extent the expenses of the service of the country may and ought to be curtailed.” But when you come to touch this sore about the use of the offices for partiean purposes-— and I wish they were never used for worse than oven partisan purposes; but unfortunately they are frequently used for personal and individual purposes—when you come to inquire into the expediency of “withdrawing the public service from being used as an instrument of political or party patronage,” the Senator from Rhode Island rises and moves to strike that clause out of the resolution. He does not wish the committee to inquire into that matter. Mr. ANTHONY. I am in favor of that investigation more than anything that precedes it, and I voted to refer that matter to the committee of which the Senator from Illinois is the chairman. That whole subject embraced in the bill introduced by the Senator from Vermont £Mr. Edmunds] is now before the committee of which the Senator is chairman, and he now comes forward and asks us to refer to a new committee not yet appointed a matter which is in his own hands. Is he unwilling to investigate it himself? I would vote to gi^e him power to send for persons and papers, and to employ as many clerks as he wants for that investigation. Do we want to refer the same subject to two committees? I am satisfied with the Committee on the Judiciary, and I think he might be. Mr. TRUMBULL. Mr. President, let us understand each other. The Committee on the Judiciary are investigating and are au'horized to investigate no inquiry into the manner in which offices are being used for political or party purposes. I will tell you what the Com¬ mittee on the Judiciary has had referred to it. The original resolution, which I offered, contained this elause: And also to consider the expediency of so amending the laws under which appointments to the civil service are now made as to provide for the selection of subordinate officers after due exami¬ nation by proper boards; their continuance in office during specified terms, unless dismissed upon charges preferred and sustained before tribunals designated for that purpose. That was in the original resolution but is omitted in this, and that is the subject referred to the Committee on the Judiciary—a bill to provide for examinations and in reference to appointments to office; not a proposition to know whether the patronage of this country is not used for political or party purposes. Mr. ANTHONY. The whole of that subject is embraced in the bill introduced by the Senator from Vermont, which is now before the committee of which the Senator from Illi¬ nois is chairman; and that portion which he objects to having stricken out is the very gist and animus of the whole bill. Mr. MORTON. It the Senator from Rhode Island will allow me, I will say to him that the bill which was passed at the last session, under which the President has been acting, was understood to and does cover the whole question, and what the Senator from Illinois is urging now has been urged by him prominently from the first as a measure of civil service reform. Now, the Senator wants to say that that has not been referred to the President and is not comprehended under his powers. Mr. ANTHONY. And I hope the Senator from Illinois will not forget that when he offered that amendment I co operated with him actively in the matter. Mr. TRUMBULL. I am much obliged to the Senator from Rhode Island for having done eo. I thank him for it. He did co operate with me. * But that has nothing to do with this proposition, and the Senator from Indiana cannot escape from his position of opposition to this inquiry under any statute that has been passed. I will read the act again, and I will hold up the statute before the thinking, reading, intelligent people of this country, and I will ask them if there is one word in it on the subject of providing for withdrawing the public service from being used as an instrument of political or party patronage. I say there 20 is not. I say that the proposition which was adopted in the Senate by the aid of the Senator from Rhode Island—I do not know that we had the aid of the Senator from Indiana—was in reference to appointments to office, not in reference to the use of the offices afterward for political and partisan purposes. Now I will read the whole of the act again, because I am not going, if I can prevent it, to permit the Senator from Indiana by constant asseveration ' to mislead the people as to what that article is: “ Sec. 9. That the President of the United States be, and he is hereby, authorized to prescribe such rules and regulations for the admission of persons into the civil service of the United States as will best promote the efficiency thereof, and ascertain the fitness of each in respect to age, health, character, knowledge, and ability, for the branch of service into which he seeks to enterP’ That is all that the President is authorized t > do as to appointments or appointees under that act. “ And for this purpose the President is authorized to employ suitable persons to conduct said inquiries, to prescribe their duties, and to establish regulations for the conduct of persons who may receive appointments in the civil service.” He is authorized to call persons to his assistance in framing rules in regard to the entry of persons into the civil service. Now, Mr. President,! think I have shown that this ia not a matter that the Committee on the Judiciary are investigating at all. A bill is before that committee in regard to the civil service, but they are not g >ing to examine how the public patronage is being used, which is the clause that is proposed to be stricken out of this resolution. Now I propose briefly to give a narrative, which I think ought to go to the country, and ought to be understood by the Senate, of this resolution and of the course which has been pursued here in regard to it In July, 1866, a proposition was made in the House of Repre¬ sentatives to raise a joint Committee on Retrenchment, That resolution came to the Senate and was acted upon in this body on the 13th of July, 1866. The Senator from Vermont, [Mr. Edmunds,] from the Committee on Commerce, of which the Senator from Michigan [Mr. Chandler] is chairman, and who it will be remembered has taken such high ground against this committee, that committee having considered the resolution, reported it back to the Senate? It wa3 not then as full as it is now. It provided for inquiring into the civil service of the country. The Senator from Ohio, [ Ir. Sherman,] whom I do not now see in his seat, and who has also been “amazed” that I should have offered this resolution in the Senate, moved to amend the resolution by striking out the word “civil ” before “service” wherever it occurred, so that the inquiry might apply to all services. That amendment was agreed to. The Senator from Vermont then moved to amend it further. He said: “ I move to amend the resolution by inserting after the word e reduced ’ in the seventh line the words, 1 what are the methods of scouring accountability in public officers or agents in the care and disbursement of public moneys, whether moneys have been paid out illegally, and whether any officers, or agents, or other persons, have been or are engaged in the service without authority of law or unnecessarily.’ “The amendment was agreed to.” And then my good friend from Rhode Island, [Mr. Anthony,] who now wants to strike a particular clause out of the resoluti >n, offered this amendment: “ And also to consider the expediency of so amending the laws under which appointments to the civil service are now made as to provide for the selection of subordinate officers after due exami¬ nation by proper boards, their continuance in office during specified terms, unless dismissed upon charges preferred and sustained before tribunals designated for that purpose, and for withdraw¬ ing the civil service from being used as an instrument of political or party patronage.” That amendment, after being very highly commended by the Senator from Vermont, was also adopted by the Senate and the Senator from Rhode Island, not satisfied that that was broad enough, also asked to strike out the word “ civil,” so as to have the provision apply to all services. Mr EDMUND8. Had not that, already been done on the motion of the Senator from Ohio? Mr. TRUMBULL. In hi3 amendment the Senator from Rhode Island had inserted the word “ civil,” and he asked to strike it out of his own amendment.' After this resolution had undergone these various amendments it was submitted to the Senate in the very same words in which I ofFered it here on the 7th day of December. The resolution was again adopted on the 6th of March, 1867, in these words: “ Mr. Anthony submitted the following concurrent resolution, which was considered by unanimous consent, and agreed to : liesolved by the Senate , (the House of Representatives concurring,) That the joint select Com¬ mittee on Retrenchment, raised by a concurrent resolution of the two Houses at the first session of the Thirty-Ninth Congress, be. and the same is hereby, revived and continued for and during t*13 Fortieth Congress, with all and the same powers and duties appertaining thereto ia said Thirty-Ninth Congress, and with power to appoint a clerk, and with power in its members to administer oaths ; and that any vacancies in said commmitte be filled by the Presiding Officer of eich House respectively.” 21 The Senator from Ohio, [Mr. Sherman,] who was so “amazed” at this resolution the other day, on the 16th of March, 1867, offered the following resolution: “ Resolved by the Senate, (the House of Representatives concurring,) That the joint Committee on Retrenchment, be, and are hereby, iustructed to make a careful and minute examination of the method adopted by the Treasury Department to print the bonds, notes, and securities of the United States; what guards have been adopted to prevent fraud or mistake, and what additional guards, if any, ought to be adopted to prevent fraud or mistake; whether there has been any fraudulent or erroneous issue of bonds, notes, or coupons, and if so, by whose fault or negligence, and the proper remedy and prevention thereof; and especially to examine the official conduct of those charged with the printing, registration, and issuing "of any notes, bonds, or securities of the United States; and that said committee have power to sit during the recess of Congress, to send for persons and papers, to examine the same, and to take testimony and report at the next session of Congress.” Then a discussion followed, which was participated in by the Senator from Ohio, p