Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-30

o. The tsnur-- OF c flite. The sas,e-. did 20
howeVtT, rest heIe. Ia ls3l aeSi Iss. a. 49,.
centes.s tc,voer the Dstnccrad. and NVhI- rar-
ties. tne sGoJect was again revived, AID he
great debate was again psneVed Nr W. bStsr
hen said that he consid, red this question %
TX, cuuNe night Of rsmoKal A. seftled hy III
Consultation. by praciiue Of iOrty-GN- V.ars
aud ty lcgis lHtlNe cCnstTuC CtiQn, and aa ONLY
y ishsd e impose on Inn tie moral restrain. .rg
ssndIng an the reasons lOr the removal. Gen
Jackson net this change. lie sent "a a messaz,,
IN answer 20 = resolution. and claimed hi col-
sntuiional power. reminding the Senate th1f na
Was flectsd by the suftrages Ofthe whole ps1pl-:
oeflNsd his power from them. The debate wen
on, the resolution OF censure was passed ana
then the whole SUBJECT was referred 20 tue
masters OF them ala. The resolution OF censur.
Was eNpuneed. The history OF liberty wa
never letter illustrated than by he psOplr
70 uhr second eleCuon OF Gene Il Jackson. de-
oloihg thls question ~ the fath..rs Of the con-
sutuion had decided a. Two passages be wouid
ssk 20 quote from this deiats Of is-q, the hr-t-
by M. MADISON That The rrsposstb ,ity OF Ex-
ecuuNe power was lodged with the Pres tdeut.
and IN reference 90 the S@uat. aN, rcisinr a con
troll over removals, that the lgh ..x.,r'i 70 on
GERS by banding Nlth the Senais would make the
Executive poweTless. Second. by Mr. RonaI
not, that 20 give the Senate tins conrr,l ,,y9,Is
set that body over the head oi the President
There was no escaping from IT, not III m.
power which had now been assumed was 20 tr
exercised, the responsibility sJr thess otficar.
would rest with the Senate
Mr. +. here read from p Jge liS Of the LIE and
works Of the elder Adams. on fhe subject OF
r. mOvals, in further support of the point mad,
by him. lie begged now 10 call atten ton 70 th.,
opinion Of Fisher Ames. in letters % an m tell
gent gentleman Of Boston: the first was dated
Msy 81, ids9, where he says he would make the
President responsible for the appointment OF
foreign ambassadors. and that he would nos
extend the ADVISORY power Of the Senate. Ou
june 2Sc, he writes thar it was the opinion OF
many that the Constitution gave tae power OF
removal 10 the President. It will thus b4 seen
that the statesmen "A hom We most revere re-
garded thls a. a strict construction of the Con-
siituuon. The question IS now whether Con
gress having enacted law reversing the long
settled practice OF the Government. any doubt
or act an reference 10 the runconstItutiOnalitV Of
that law is suffieienl ground for impeach mentl
II law bears on the personal rights and emol-
uments Of an officer. he has a right 10 resist IL
by any civil process, for the purpose of testing
its cons,ituiionality. IL may BE- a question a.
to what action shall be proper for the three
branches 10 take in reference 10 the unconstitu-
tlonallty of n law.
The duty Of the Judiciary is PLAN They
wait until a law comes before them. and then
decide upon ~. II IL then grave question As
20 the action Congress NAV take. whether NV
proyIsing new law or re-enactinR the old
one, snd how far the Pres dent shall persisf IN
executing law which the Supreme Court has
declared constitutional The President has
the right. and II is has duty, when a law con-
nicts with HE prerogatives. 20 put IL in train
ior q judicial decision. He MIR. r. would
how quote from speech made by the Senator
from Massachusetts. (Mr. SUmner,) on the fu-
gIiiNe slave law. IN lS2, on the right of each
Department OF the Government 20 coustrua the
constr uiutiohslity law for itself The seua-
tor said he adopted the language OF Gen. Jack
son. that every officer " ko takes oath 20 sun
port the Constitution, takes an oath 20 supDort
II a. he understands At. Any decision OF the
supreme Court was not binding on the I,agis-
larure or the Executive. II was their right Ia
constr ne the law for themselves.
Times change, and We change with them. hui
principles never change, nor can IL be said that
"a q he "A Fr,
moving man from ONCE Is unconstitutional.
that the President for not violating his oath bv
refusing 10 obey the law that he IL 10 b. dragged
IN here and deposed from office. Su,h a course
as this tears the Constitution asunder. You
make martyr Of him. II YOU dismiss the
President on these points YOU throw them open
Tor the masters OF us all in the great debates OF
an intelligent patrlouc nation. a question
which VIII shake this country 10 ats centre-
the omnipotence Of Congress as the rallyiug
cry on one side and the supremacy Of the Con-
stituiion on the other.
At this point, , p. m. he usual RECESS was
taken.
HoUsE oF REPEEsESTATIyp The House
Wac cslled 70 order AZ l. O'Clock.
Mr.. Eseleston, o. from Committee on Com
merce reported back the papers aud report
relative l. the improvement Of the Tenness..a
ryer. ordered 10 b. printed
Mr.. O'Neill pa offered resolution re-
questlng the Secretary OF the Navy 10 furnish
a list Of vessels destroyed and property can
tured by the navy Of the I nited states from
April. l>6l. 10 April, l-'i5: also. the names OF
vessels making the captures, and WHY the prize
money has not 6een distributed. Passed
Mr.. Brooks IN. " gave notice that upon The
return OF the House from the Senate this after
noon, he would call mp, a. question OF privi-
lege, certain iacts relating TO the conduct OF the
managers in reference 10 the Alta Nela case. and
its connection with the Impeachment trial
Mr.. Wsshburne IN also gave notice thar he
would this afternoon. upon the return of the
House, ask for a vote upon the amendments 10
the naval appropriation bill
The House then proceeded 10 the bar Of the
Senate.