The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-10

the rule of construction practiced is the
exponent OF law. From 1883 to 1857
every President aud every Congress
has participated in and acted under the
Gonstfuctlon Of former years, namely:
That the President has the sole power
of removal.
The Senate then took recess for 20
minutes. - 1fli -. - - . =
On reassembling at $3.50, Mr.. Morrill,
moved to adiourn-negatived, Is to 2.
Mr. Curtis then resumed his ar
authorities and decisions to prove
that the effect of contempora-
neous legislative constructions is to fix
and determine the Interpretation refer
req 10 the inherent opinions advanced
unrlng tine debate on this subject in
1850, and claimed the construction that
the power OF removal was subject to
legislative enactment had at least never
been established SO clearly that to act
on the opposite view was presumptive-
~ crime. he then advanced the ar
g1ment that to apply the tenure of
office law to Mr.. Stanton, would be to
violate the agreement made by the
Senate in confirming his appointment
to hold the Office during the pleasure of
the President, recapitulatinE his argu.
monts to prove that the President could
not be tmpeached for an act designed
merely to procure judicial decision on
q disputed point. He quoted from
Mr.. Buffers speech to show that
the Managers admitted this view,
and had said the removal in
itself was perhaps not an impeachab BILE
offence, ifmade with the foregoing mo-
tive, and not accompanied with de.
hant message to the Senate. Mr.. Cur
tls SAID It was matter of taste as to
how they should be notified. The
Managers claimed that the reason for
FAmnVinO Stanton 066fnnnH hA
President, was an after thought, and he
was estOpped from now alleging 1t by
certain things he had done and said
previously. BE argued that the rule of
estoppel was of very limited applica-
tion and could not be used to convict
IN this case. To have informed the |
Senate of his. reason. would have been |
construed into a threat, and now the |
Managers claim that he was too defer |
enttal. There WAS no inconsistency in |
the Presidents action in regard to |
o1m.. this law, o.,.,nnd and every day in
in similar way. An Individual may |
set up plea in regard to law; first, |
that 1t is unconstituLional; second, |
that 1t does not apply to himself, and |
third, that IL 1t is a law he can main |
tain his case under 1t. So long as the |
tenure-of-of law affected unim- |
pOrtant matters the President avoided |
conflict with 1t, but when proper oc-
casion arose he asserted his own views
without being predjudiced by former
action. In regard to lesser and unim-
portant matters the charge made in
the form OF commission does not
state or tend to determine where the
power of removal is lodged, but merely
acknowledges 1t as existing somewhere
Py virtue of law. At this point Mr..
Curtis begged permission to suspend
his remarks until tomorrow, as he was
greatly fatigued- The Court according
ly adjourned at 3:45, and the Senate
went into executive session, and soon
after adjourned.
HOUSE.
Mr.. Chandler offered resolutions
which were referred to tho Committee
on Foreign Affairs, that the President
send a mission to Brazil, Bolivia, and
Uruguay to reconcile those nations,
now ut war.
Mr.. Shanks introduced bill to
amend the 2lst section of a bill to en-
roll the national forces so as to modify
the provision disfranchising deserters,
Referred to the Judiciary COMMITTEES.
The House resolved itselfinto Com
mittee of the Whole, and proceeded to
the Senate Chamber. No business to
be done on its return.