The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-25
At this point the Senate took a recess

At this point Inc senate look recess
of fifteen minutes.
On reassembling, Mr.. Nelson continu-
ed the citetion of the authorities in
support of the Presidents views on the
question of his power of removal and
proceeded to argue that the President
had the same power to construe acts OF
Congress as Congress itself. Again, in
supporting his views by the numerous
quotations from all the preceding argu'
ments he held and proved that the tenure
of Office law was unconstitutional and
void. y tfss - .,4, ~ -
At considerable length Mr.. Nelson
then elaborated the proposition that no
charge can be maintained which do not
allege criminal intent, which he. said
was not done, except in the fifth arti
Gle. In the course Of his remarks he
spoke of the friendly embrace of Mr..
Stanton and General Thomas, and the
equal division of the spoonful of liquor
between them as the most remarkable
exhibition of force on record. (Great
laughter.) Aud while eulOgizing the
honesty and simplicity of Gen. Thomas,
explained his language to Mr.. Burlelgh
and others as caused not only by pride
of office, but by the enlivening effects
of good liquor on the appearance OF the
supplemental battle. He proceeded to
give humorous and satirical account
of the arrest and subsequent discharge
of General Thomas, ridiculing the idea
that any believed he designed to use
force.
Passing to the consideration of the
second and third articles, he adopted
the statement in the Presidents an.
swer rs sufficient reply to them
With regard to the fourth article, which
charges conspiracy to obtain possession
of the war office by intimidation aud
threats, he claimed it was not covered
by the act of 1861, which it claimed
was violated. The fifth article, alleg-
ing the intended employment of force,
he held was not supported by the testi-
mony. The sixth, in which violation of
the tenure of office law is also alleged,
he disposed of by the argument of the
constitutiOnality of that law. The
seventh article was passed over with
the denial that the Presidents oath Of
office was violated by the offence
charged.
The eighth article he met by the ar
suIAent that the alleged endeavor to
obtain possession of monies in the War
Department, even if made, was not in
violation OF the civil tenure law, as
stated.
With reference to the ninth article,
ho held that the President was in the
line of his duty when comforting with
General Emory about the disposition of
the forces, and that no evidence what
ever had been adduced to prove that
his purpose in that interview was for
evil.
Considering the tenth article. lie
claimed it was based on the principles
which underlie the Sedition law, which
ever since its passage had stunk i'll the
uostrls of the American people. He
held that the President had followed the
example OF certain members of Congress
in disregarding the amenities of eX-
preston aud was eXcusable for using
strong language in reply to the abnse
which had been heaped upon him.
Mr.. Nelson insisted that the preserva-
ton of the right of freedom of speech
was indispensable to maintain orr lib
critics.
After brief consultation of the llth
article, which he said was sufficiently
answered by his remarks concerning the
preceding article, he referred To the
charge of Mr.. Boutwell,, that the Presi-
dent wished to control the elections in
the Southern States, and asked how
that could be possible with tho officers
designated by Congress in command,
and exercising control over all that
region.
In conclusion he reminded the Senate
that trouble and contiscation had usu-
ally followed the revolutionary or con-
stitutional power in the deposition of
kings and rulers of people, and implored
them to so perform the high duties now
devolving upon them, Is TO merit the
appreciation of their cunsciences, tseir
countrymen and their God.
The Court and Senate then at 4:l5 p.
NJ, adjourned.