The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-01

half SO shocking to taste and propriety
as had been countenanced in the wri.
tings and speeches of Managers and
others in official position. He then
took up the Emory article, but gave y
very brief attention, saying u meIlteo
charging conspiracy. he rtdiculed the
idea OF there being any suggestion OF
conspiracy in the recommendation OF
the President to Gen. Thomas when
giving him his commission to uphold
the Constitution and lawsi Just as
much hidden meaning was In these
words as in chops and tomato sauce;
but he claimed that there was no apple
cation to this case OF law under which
the articles are drawn. No proof was
adduced of the employment OF force or
use OF them. He further combat
ted the position of Mr.. Boutwell, that
the common law reached the case In
relation to the articles setting forth the
appointment OF Gen. Thomas. He ar
gued that dd interim appointments do
not rest upon constitutional provisions
relating to permanent appointments,
but WAS controlled by the legislative
enactments OF 1895 and 1858, which he
claimed fully warranted the Presidents
action, advancing substantially the
same arguments on this point as those
presented by Messrs. Curtis and Groes-
beck. He held further that even II the
President was not acting under the law,
he committed no penal ofense, for that
provided no penalty, and the most that
could be said would be that he was not
by positive law, and that Gen. Thomas
could not hold his Office.
At this point, 4:20, Mr.. Evarts said II
would take him about an hour to finish,
and the Court and Senate adjourned.
HOUSE.
Mr.. Eegleston introduced bill to
take possession OF the bars at the en-
trance OF the Mississippi river and con-
struct canal without expense to the
Government. Referred to the Commit
tee on Commerce.
Mr.. Brooks said he should avail
himself of the proper opportunity as
n privileged question to refer to the Of
fetal report OF the impeachment trial
on connection ofthe Managers with the
Alta Vela affair.
The Speaker said the question could
not be entertained except by unani-
nous consent, but the gentleman could
ter before the House this afternoon.
On the return OF the members from
the Senate.
Mr.. Brooks accordingly gave that
notice.
Mr.. washburne, of Ind, from the
committee OIL Military AuatrS made
a report on artificial limbs which was
recommitted.
The members then proceeded to the
Senate.
On the return of the members from
the Senate, Mr.. Brooks expressed q
desire to submit his resolutions.
Mr.. Washburne, of Illinois, inquired
whether they were offered as ques-
tion of privilege.
The Speaker replied that they were,
and that the Managers being under the
control OF the House, the House could
require them to answer. 1t was SO held
in the Warren Hastings case.
Mr.. Washburne said none ofthe Man.
ayers were present.
Mr.. Brooks replied, that being the
case, he would not press the proposi-
tion, and desired to know to what time
the gentleman thought it should &C
over.
Mr.. Washburne had no suggestion
to make, and objected 10 the consider
alton OF the resolutions.
Mr.. Brooks wished to ask question
for information, but the Speaker said
the subject was not now debateable.
Adjourned.