The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-28

anu GL6 ne.
too, would ask, who is Andrew john
son? and would answer the question in
a different manner from the Presidents
counsel. He then intimated that
Mr.. Johnson's opposition to secession
in the Senate was perhaps prompted by
a doubt whether the step was ad vfsable
at that particular time, but however
that might be, he would consider him
as he is now, and as he had been since
he came into power. Mr.. w. held that
the master-help to all his conduct as
President was his desire to favor and
uphold traitors and force the rebel
States into the Union, on his own plea,
against the expressed will Of Congress
and the loyal people, and went on to
cite great number OF acts OF the Pres
ident which he claimed were usurpa-
tions and offenses applicable only on
the above supposition. The culmina-
ton of the long series of usurpations
of his oath of Office and indecencies was
his attempt TO displace Stanton in con-
tempt of the Tenure-of-O Office law. MI.
Williams took up the answers made by
the Presidents counsel to the charge
of violating that law, and first
discussed the proviso which it was al
legged excluded Mr.. Stanton from its
operation. He had himself suggested
that amendment and explained its
meaning, and he had never deemed
such a construction would be put upon
1t as read by the Presidents counsel.
It would be contrary to the purpose Of
the bill. Mr.. Stanton's case was GER
tainly meant to be covered by it. It
was not the originating cause of its in
PRODUCTION. He claimed that the prin-
ciples of construction require the pro.
viso to be construed in the light of the
lection made was that Mr.. Stanton did
not come within its effect because he
was not formally appointed by Mr..
johnson. This might almost be term
ed quibble.
The Senate here took a recess.
On re.assembling Mr.. Williams con-
sidered the point set up by the defense,
that the law is unconstitutional, which
he characterized as a defiance and
challenge TO Congress, from the fact
that the Constitution does not provide
for removals, except by impeachment.
He drew the inference that legislative
body must possess the sole power of
judging when good behavior ceases,
and when removals should be made.
He also claimed that the right to re-
move in certain cases was either
power delegated to the Executive by
Congress or merely implied by the
Constitution, and therefore not 10 be
extended to apply to all cases. He then
discussed the judicial authorities cited
that they afforded no countenRnce to
his views, but settle the point
that Congress may fix the ten
ures of office SO as to prevent
removals by the President, and that his
power to remove, SO far as 1t existed,
was only implied from his power to ap-
point. Against the legislative con-
struction which was addnoed in sup
port OF the Presideat's theory on this
subject, he cited passages from Web
ster's and Calhoun's speeches, and the
writings ofKent and Story to show that
tuition by the Congress of 17S9 was err
roneous and worthy of reversal, and
called attention TO the fact that the laws
referred TO were passed by a very small
majority in the House and Senate only
by the vote OF the Vice President, who
had direct interest in their passage.
He denied that all wisdom had died
with our fathers, and claimed that this
Congress had as good a right to con-
strue the Constitution as its predeces-
sor. Maintaining the power, of Con-
gress to determine the tenure of office,
he referred TO numerous laws
fixing the tenure OF various Of
fees at a certain number of years.
AT this point, four o'clock, on motion
of Mr.. Morrill,, of VT, who stated that
Mr.. Williams was unwell and would
not be able to finish his speech to-day
the court adjourned, and the Senate,
after receiving several executive COM
munications, also adjourned soon
afterwards.
Mr.. Orth offered resolution inqui-
ring as to the power of Congress to
regulate the safety and fare of passen-
gers on railroads. Adopted.
Mr.. Payne introduced bill to admit
Arly n ranraunnfafTnT In Com
gress. Referred to the Committee on
Reconstruction.
Mr.. Niblock introduced bill ex'
| tending bounties 10 certain soldiers whc
were discharged on account of disable
ity incurred while in the service of the
United States. Referred to the Com
| mittee on Military Affairs.
The members of the House proceed
| ed to the Senate Chamber.