The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-01
PROCEEDINGS OF THE COURT.
Twenty..eventh Day.
UNITED STATES SENATE CHAMBER,
WASHINGTON, ID. c.. April 80. |,

UNITED STATES SENATE CHAMBER.
WASHINGTON, ID. c., April 80, 1868.
After the reading of the journal Mr.. Summers re-
solution ccnsuring Mr.. Nelson up in the regular
order of business, aud after Mr.. Nelson had made
some remarks disownng any intentional dsrespect
Ter the Senate, hut admitting that he referred n
duel in what he said, Mr.. JOHNSON moved 10 lay the
resolution the table, which was agreed to by
vote of 80 TO 10.
Mr.. CCamerons order for night sessions was then
considered. K
Mr.. SUMNER offered to amend by making the hours
from ten O'Clock A. M. to six p. NJ.
On the motion OF Mr. TgUMBULL thc whole subject
was tabled by vote of SO to II.
MIR. EvARTs' ARGUMENT
Mr.. Evarts then resumed his argument. he held
that 1t grave reproach upon the wisdom and
foresight OF the trainers OF our government 10 claim
that decision in this case in favor OF the President
would result In monarchy In his view the danger
was to another Of the balances OF the constitution
namely, the relations Of the weight of numbers and
the equality OF States irrespective OF population.
From the principles of the constitution anu utter
anccs Of our most distinguished statesmen II
tive instead of advisory was to rob the
peoples majority Of their rightful power.
In this manner the small and thiny populated
States would control the working of the government
against the will OF those which cast the overwhelm
Ing majority votes, aud the Presidential election
would become farce. In support OF this position
he quoted the writings Of the elder Adams, Sherman
and Others and enforced 1t by considering various
emergencies vi ich might arise under the Tenure OF
once act, which makes certain offices permanent
and would render removal during the session OF the
Senate extremely dilicult, If not mpracticabe. He
proceeded to quote from the debates in the Senate
when the bill was under consideration the
Language of Messrs williams Howard and Others 10
show that its effect to revolutionze the practice
of the government and also quoted expressions 10 the
effect that while the legislative construction had
little weight yet the decision OF constitutional ques-
tiOns by me Supreme Court were authoritative. Mr.
Evarts contended however, that the decisions Of the
fhnrif
confirmed by the Supreme Court, but carried Inn
mense weight Of themselves. He referred TO the de-
bates OF 1859 as exhaustive OF the subject of the
power of removal, and claimed that the point at
issue was settled and irny established then 10y the
trainers OF the government and by the practice Of
successive administrations afterwards lie also re-
fcrred TO Mr.. Webster's declaration in lS35-that
question scttled-and TO the endorsement Of
President Jacks0ns removal of Duane by the
people, the superior power OF ALL In this connection
Mr.. Evarts said:-You talk about power TO decide
constitutional questions by Congress; power 10
decide them by the Supreme Court; power TO
decide them by the Executive show you the
superior power of them ALL and say that in the his
tory Of free countries; in the history OF popular
liberty in the history of the power OF the people,
exercised not by passion by violence, but by
rcason-the exercise of power was never shown more
distinctly and more definitely than on this very mat
ter OF whether the power OF removal from ONCE
shall remain in the Executive or shall he distributed
among senators. IL was not my party that was
pleased or triumphant on that OCCASION hut IA TO
the fact Of what the people Thought there was not
any doubt aud there never has been any since until
the new situation has produced new interests ana
TtsulltU vi now COnCUSloNS. nUlolublc Studlbir
and Representatives will recocct how IN the debate
which led TO the passage of the Civil Tenure act
IL was represented that the authority of the first Con-
grcsa OF 1908 ought to he somewhat ScrfiniZed be-
Of the influence on its debates and conclusions
which the great character Of the Chief Magistrate.
General Washington, may have produced. Well,
Senators, why cannot we look at the present AZ
look at the past2 why can we not sec In ourselves
what we so easily discern as possible with othcrsY
Why not appreciate ~, that perhaps
the Judgment OF senators ana OF Repre-
scntatves may have been warped
IDsled somewhat by their opinions and by their
feelings towards the ExecutiveY apprebend,
therefore, gentlemen, that this matter OF party
influence IL which II Il quite "a well to consider.
and that this matter Of personal power and authority
OF character IL quite as suitable TO be weighed when
are acting rs when we are deciding upon the acts
OF others. Two passages will he permitted TO quote
from that great debate as carried on In the Congress
Madison and Of Mr. Boudnot In the Congress of 1882
those of the latter being to the effect that the
President should not have officers imposed upon
him who did not meet his appreciation Mr..
Evarts contnucd:-ln these words OF Mr.. Madi-
eOn and Mr.. Boudinot ! find the marrow of the
this body pursues the method now adopted, II must
be responsible to the country FOR the action Of the
executive department; and II officers TO he
maintained, as these wise statesmen say, cover the
head OF the President" then that power in the con-
stitution which allows him TO have choice In their
SELECTION IL entirely void For n his officers are 10
ne dependent upon instantaneous selections, and II
Tor change Of purpose on the part Of the Elk
ecufive IL IL idle 10 say thai he VAS
,Ec mower OF appointment must be the
nnwer of appontmcn from DAY to day, which In she
power Of spp0Wtmtpt ,sf vulce " is 70 Do respons