New-York tribune., 1868-05-01

Sherman of said 10 tbe Constitution itself to
operate ON the foreign Secretarys act ana 20 st @
tOh be made under IL by virtue OF claim Oh rlgi, w.
the constitution and whoever was agHrIeteu S. . i,'
raise the question In courts OF law On tnat &
was taken, and the matter was disposed OF IN IN
that Congress- but that 1t then, and ever since mas
termination by that Congress that the power was In INC
President and that IL has been insisted upon so actea
upon since, and that nobody has been aggrleVeu
and that nobody raised question in the Courts OF
law That the force and the weight OF resolution OF
nent under It. In the House Of Representatives also
there was debate the contested point In the p ana
one OF the best lawyers In that body understand Dy
repute, Mr. Williams one OF the honorable Managers IN
his argument for the BILL said, t aims at the reforma
on OF giant vice the administration OF this Govern
ment by bringing its practice back from the rule OF It's
infancy and inexperence" He thought u was faulty
from its infancy to the day OF the
c CSsrDd OF IN the & @ and that s oyer
its action, he had doubt He admits subsequently IN
the same debate that the Congress Of 1883 decided and
that its for threequarters OF century acqu1
esced the doctrine will not weary the Senate with
thorough analysis Of the debate Of i7S9 II U.s. believe;
decidedly the most important debate In the history OF
Congress IL is think the best considered debate IN
the history of the Government think t included among
its debaters many Of the able WISE and learned men,
the benefit OF whose public service this nation has ever
enjoyed any debate which tins Government
has had entertained The premises In the Const
tuition very The question OF removal from
Office as distinct subject had never occurred TO the
minds of the en of the Convention The of Office
was not to be made permanent except te case uugos
OF the ne 0Gu m M ne was 9 Sed T6e
there was an attibuton OF the whole interior admins
tratye official bowers of the Government to the Exec
tive with the single ouaiifcaton exceptional in tse;;,
that the advice and consent OF the Senate should pc re-
qured as negative on the Presidents nomination. Now
the point raised exactly this; it may be very briefly
stated Those who with Mr.. Sherman maintained tnat
the concurrence of the Senate n renewal was
sary its Ia appointment supported them
selves the proposition that the same power winch ap-
pointed, should have the removal That was little
begging Of the question; speaking 1t with all respect as
TO whose the appointing power was really, un'
der the terms and under the intent OF the Con' on
fufin Ru
Senate with the matter really nade IL part
of the appointing power the answer TO the argument
triumphant, seems TO az came from the dlst.
gushed speakers, Mr. Madison, Mr. Budinot Mr Fisher
OF official subordinate executive action, part Of the
executive functions that being attributed IN sOdO 70 tne
PRESIDENT except that ~ Is 10 oe Win M te er
stands unimpaired What then is the rest OF the conse
quences Removal from office belonging 70 the executive
power the Constitution has not attributed it elsewhere,
then the question whether the change proposed was
tiOn way other affected seriously the character OF
the government and its workings think all agree that
1t was, and then what weight, what signlfcahee Is
there in the fact that the party which was
defeated in the argument submitted to the conclusion
and 20 the practice OF the Government uhaer H. ana ad
not raise take vote In derogauon OF II during
the whole course OF the Government But 1t does not
stand this after 4 years working OF this system be-
the years and 1885 there great party
eXacerbaon between the Democracy under the ead OF
Gen. Jackson, and the Wings under the mastery o te
eminent OF whom does me the honor 10 listen 10 my
great debate, and what the measure which the con-
tending parties under the Influence Of party spirits
brought the matter toi Why, Mr. Webster said when he
led the forces in victory which, perhaps for the single
instance, combined the triumylrate OF fmsef MT Cal
oun and Mr. Gay, that the contrary opinion ana CON
settled point settled by constructions settled Dy preee
dfi not seek to disturb it, He knew the force OF As
years-the whole existence of the nation under lts
Consttuton-on questions OF that kind ana ne sought
requiring him. when he removed an Oneer 10 assign the
reasons for removal Gen, Jackson met the point nrmy
"A lith
which the senate had adopted In 1884, think, 10 the Ell
that ms action the removal Of Mr. Duane had Deen
In deTogatiOn of the Constitution and OF the aWs-net IL
with defiance which brought two great topics up IN de
BATE one the independence OF the Executive IN TINS
right To Judge of constitutional questions and the other
the great point that the concurring IN the choice Of
President by the people through their in
sttutOn and that he was not man OF his own VIII put
renewed and reinforced by the wiz OF the people.
That debate was carried and determined by the Senate
passing resolution declaring It's opinion that Cen Jack
aud the laws; aud on that very point reference
made TO the common master OF us athe people OF tne
the United Staes-and, the reelection or Gen. Jack
on the people themselves, in their primary capacity
To the senate on this challenge majority winch eX-
pounded the resolution censng the action OF the Exec
ntiye You talk about power to decide constitutional
questions by Congress; power 10 decide them by the SUI
rrme Court power 10 decide them by the Executiye-I
Show Won the superior power OF them ALL and say that
history OF free countries in the history OF popular
liberty in the history Of the power OF the people
csed not by passion or by violence by reason, the
exercise OF power was never shown more distinctly and
more definitely than on this very Of whether the
power removal from Office shall remain in the Executive
or shall be distributed among Senator'S IL was
not my party that pleased or triumphant on
that OCCASION but as to the of what the people
thought there not any doubt and there never has
been any since, until the situation has produced new
interests and resulted in new conclusions Honorable
Senators and Representatives will recolect how IN the
il wa, represented that the authority of the first Congress
ought be somewhat scrunized because of the
influence on its debates and conclusions which the sreat
character Of the Chief Magistrate Gen Washington may
have produced. Well senators, why cannot we look at
the presen. rs we look at the past Why can we not see
In ourselves what easily discern as possible with
othersi Why can we not appreciate ~; that per
haps the judgment OF Senators and OF Representa-
tives now may have been warped or mis-
led somewhat BY their opinions and by their
gentlemen that this matter Of party Influence Is one
which 1t quite to consider; and that this mat
as suitable be weighed when are acting, as when
we are deciding upon the acts of others Two passages
will be permitted to quote from ihat great debate as
MI Eyarts then read from the remarks OF Mr. Madison,
and OF Mr. Boudino IN the Congress OF lS9 those OF
the latter being the effect that the President should
not have officers imposed him who did not meet his ap
Mr.. Evarts continued In these words of Mr.. Madi
sou and Mr.. Boudnot, l lind the marrow OF
from fro it, II this body pursues, the method
adopted It must be responsible to the country Ior
the action OF the Executive Department. and If officers
are 10 be maintained as these wise statesmen say oyer
the head OF the President then that power III tle Con-
stitntcn which allows him have choice in their seec
ton is entirely void For If his officers to be depend
ent upon instantaneous selections, and thereafter ere
can be no space repeance for change OF purpose
the power OF appointment must be the power OF ap
pointment from ay TO day, which is the power OF ap
omtmeu for which he is to be responsible, II he to be
at ALI now wish to ask attention TO the
opinions expressed by some OF the statesmen VINO TOOK
Dart in this determination OF what the effect and the i'm
lortant effect of the conclusion OF the Congress OF
i7sg was None of them overlooked its importance on
one de or the other and beg leave to read from the
life and works OF the elder Adams volume page AS
Mr. Eyats read from the work in question the pararapn
living the history OF the question 10 the Presidents
bower 10 appoint and officers He also read from
letter of MIR Fisher Ames TO his correspondent an III
ROstOn, reference 10 the same sub
ecL Mr. Evarts then contnued-It will thus be seen,
Senator's that the statesmen whom We most revere re-
pared this as so TO speak construction OF the Constr
tuition as important the framing OF 1t itself had Deen
and now the question arises whether law OF Congress
mas introduced revolution in the doctrine and Ia the
practice OF the Government; Legislative construction
binding no one and being entitled 10 no respect from the
rfintna I'm AN.