Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-31

CONGRESSIONAL,
WASHINGTON, March 80.
SENATE. i. f
To Ohio Statesman.

SENATE. 80 e-fs
The Senate reassembled at IL o'clock.
Mr., EDMUNDS called up the bill to reg
ulate appeals to the Court of Claims, which
was amended and postponed until to.mor-
row. ic-
Mr.. .TRUMBULL called up the bill pend
ing on adjournment Saturday, to relieve
Mr.. Butler, of Tenn, from political dis
abilities. The question was on Mr.. Buck
alew's amendment to strike out the word
Constitution from the clause proposing to
relieve the disabilities imposed by the Con-
stitution and reconstruction laws.
Mr.. BUCKALEW argued that the Re-
construction laws having no application to
Tennessee, Butler could not properly be
relieved from the disabilities imposed by
them. He gave way, at the suggestion OF
Mr.. Sherman, who presented the report of
the committee of Conference on the bill to
relieve certain manufactures from internal
Mr.. HENDRICKS moved the report lay
over till Tomorrow and be printed. saisi
Mr.. SHERMAN said everything objec-
tionable to the Senate was being stricken
out. ..,,
Several Senators opposed acting on the
report Immediately, aud Mr.. Sherman con-
sented to its going over, giving notice that
he would press it as early as possible. aiF
Mr.. HENDRICKS motion was modified
so as to order the printing only and agreed
The PRESIDENT pro tenn. vacated the
Chief Justice Chase. 'io7 =
The SERGEANT-AT-AR made proc
lamation concerning silence.
The Presidents counsel took seats. 500
At 1896, the SERGEANT-AT-AR
announced the managers on the part of
Mr.. Stevens, who entered soon afterward
and took a seat slightly apart. 'e'.
e The House was then announced and the
members appeared, headed by Mr.. WASH
burne, of Illinois, and were eeated.- ~
The minutes of the last day were read.
Mr.. BUTLER commenced his opening
speech at quarter before one O'Clock.
Mr. BUTLER spoke at great length,
presenting to the Senate several of the
propositions of fact and law upon which
the House of Representatives would en-
deavor to sustain the cause of the people
against the President. G9 y II
The speaker reviewed the impeach-
ment trials of other countries, in order to
show, in the light of those precedents,
what really constitutes impeachable Of
fences. He defined an impeachable high
crime and misdemeanor to be one in its
nature or consequences subYersive OF some
fundamental or essential principle of Gov
ernmegt, or highly prejudicial to the pub
lie interest, and this might consist of vio-
lation OF the Constitution, of law, of an
official oath, or of duty, by an act commit
ted or omitted. or without violating pos
tive law by abuse OF discretionary powers
from improper motives, or for any improp-
er purpose.
Mr.. Butler referred to the impeachment
of Lord Dandy, a case, he said, " hich went
great way towards establishing the prin-
ciple that no minister could shelter himself
behind the throne by pleading obedience to
the orders of his sovereign. He was an
swerable for the justice, the honesty, the
utility of all measures emanating from the
crown, as well rs for their legality, and
thus the executive administration was, or
ought to be, subordinate in all great mat
ters of policy to the superintendence and
virtual control of the two houses of Par
lament. ~
The speaker then reviewed the ques-
tion whether the high; court of impeach-
ment was really the Senate or not aud
passed on to the matter of the competency
of one of the triers, on account of affinity
to the accused. We believe it is his right,
nay his duty to the State he represents, to
sit upon the trial as he would upon any
other matter which should come before
the Senate, His seat and vote belongs to
his constituents. and not to himself, to be
| used according to his best Judgment upon
every grave matter that comes before the
| Senate.
Mr.. Butler then recited the articles of
| impeachment and said the House of Rep
resentatives and the people have Joined
| issue with Andrew johnson as to his right
to act as he has This bill, which he has
violated, received the requisite sanction of
both the Senate and House OF Representa-
tives, after full consideration of his OBJ
jections.
Ii he is to be allowed to exercise this
dangerous power of removal, where is it to
end? Does the Constitution invest the
President with all the executive power
which is enjoined by Kings and the rulers
of other nations? If so, it has been much
more liberal to him than to the legislative
branch of the Government. The execu
tive power of appointment is clearly limi-
ted by the words OF the Constitution, which
orders the consent of the Senate necessary.
The power which he has assumed to exc
cute Is kingly.
The power of removal was very elabo-
rately debated in the First Congress, on the
bill to create State Department.. IL was
debated for four days and finally framed
as to imply the power of removal in the
| President but the triumph of its support.
ers was short lived. When it came to the
House, on motion of Mr.. Benson, the pro-
vision implying the powers of removal in
| the President was stricken out.
1t went back to the Senate, but as the de-
bates there were in secret session we have
no means OF knowing what did take place ;
|
provision implying the power of removal
was retained by the casting vote of John
Adams, the Vice President. Alas most all
our woes have come from our Vice Pres
| idents.
Notwithstanding this the facts show that
the President made no removal without
4 notifying the Senate. President Adams
removed Mr.. Pickering by nominating a
successor to the Senate. None of the early
Presidents had exercised the unlimited
Il power of removal now assumed by present
occupant In that chair.
Congress has always asserted a legisla-
4 tive power in reference TO removals from
Office. sometimes in one way and sometimes
in another. Upon the whole, never until
now has executive control over appoint
ment to Office been exercised by the. Presi-
dent.
i In 1926 the powers of the President were
canvRssed. in Congress, and a committee
was appointed on the subject, who report
ed that it was necessary to trim down his
power by statutory enactment, and report
ed no less than eight different bills on
the subject. One of them vacated,
within q certain time, all Offices
pertaining to the collection of revenues
Here was tenure of Office act reported by
, one of the greatest minds of the country
1t did not seem to occur to Congress then
( that it,had not power to regulate appoint
ments to and removals from Office.
:. Mr.. Butler cited further acts of Con.
: gress in support of his position, and after
: stating the events of February. the removal
7 of Stanton, appointment of Thomas, the
] interview with General Emery, ETC., con-
A cluded his argument as follows:
Who does not know that from the. hour
7 the President began his usurpations o
power he every ywhere denounced Congress
the legality and constitutionality OF its ac.
tions, and ,dehed its legitimate powers, ant
4 for that purpose announced his Intention
and carried out his purposes, as far as ht
was able. of removing every true mar
from office who sustained the Congress o.