The New York herald., 1868-04-28

,,oo, tcrowea invariably and without interruption
.-y, -t5st lima ihs hiss'r' "' ""s
Slows moi only repeated ins.asecs wherein the ten
of oilce has been so precisely defined as to take
butsome in which even the power OF removal Itself
has been substantially exercised by Congress- as one
ates and may destroy, makes and may make even
the subject OF controversy ITSELF In the act Of 1901,
already referred to in connection with the
q. tenure OF fve years absolutely to the
oiice involves a manifest departure from it,
s. ls4s; september, 1885, and May 8, 1854 providing
Tor the appolntment Of judges in the Territories of
Oregon, Minnesota New Mexico Knnsas and Ne
braska and fixing the term OF Office at four years. alb
soutely are all within the same category. The act Of
the Goth OF February 1862 followed by that OF June
Currency, defining his term and making him i'm.
movable except by and with the advice and consent
OF the Senate, and upon reasons TO be shown,
of March 3, 1865, which authorizes any military
or naval ofcer who has been dismissed by authority
Of the President, to demand trial by court martial,
and which, in default OF its allowance within Six
months Of sentence Of dismissal death, vOds the
order Of the Executive and the act Of July l3, 1865
which provides that no officer In time OF peace shall
be dismissed except IN pursuance OF court martial,
are both examples OF the like deviation indicated
therein and not only fixes the tenure prOspectively
but involves clear exercise OF the power OF removal
itself on the part OF the Legislature Further develop
ments in the same direction would no doubt reward
the diligence OF the mOie painstaking inquirer
Of the strongest kind, for the double that the
President Is, under the constitution the Commander
m-Chief Of the army and navy OF the United States
and but civil officers amenabe to the pro-
cess Of impeachmant, and the Ofllcer dismissed Is
absolutely restored, awakened with new life and
raised TO his feet by the 0mnipotence Of the legis
lative power. And lastly, the act OF May Is, $780,
which dismissed by wholesale very large and i'm
portant class of officers ut periods, especially, that
however, would only be a work Of supererogation
Enough has been shown 10 demonstrate beyond de-
NAL that the practice relied has been anything
but uniform 70 establish even local custom or pre-
scrpon the clement Of continuity Is important as
thai Of time, any break In that continuity by all ad
verse entry or even continual claim, would arrest
the ow OF statute Of limitation against the rightu
owner OF tenement. An interruption OF the enjoy
ment would be equally fatal to q prescription. But
are we to be told that case which In this view
would not be sufficient to establish composition
for ttheS or triing easement between individuals,
is surlcent to raise prescription against constl-
tutional right and 10 abrogate the Fundamental law
Of u nation and the mappreciabe nhertage OF Its
people. The very statement OF the proposition Would
seem to furnish its own rejection
Shortly after four O'Clock, Senator Morrill,, OF Nt.,
moved to adjourn the court, prefacng the motion
by say ing he was informed Mr. Manager Williams
from illness unable TO conclude his remarks this
evening. The motion was agreed to ana the court
adjourned.
The chair having been resumed by the President
pro tenn, several messages from the President, IN
answer to resolutions OF inquiry were presented ana
referred, and the Senate then adjourned.