The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-31
CONGRESSIONAL.
WASHINGTON, March 30.
SENATE,

lieve Mr.. Butler, of Tennessee, from po-
litical disabilities.
The question was on Mr.. Bdckalew's
amendment to strike out the word
CONSTITUTION" from tao clause propO-
sing to relieve the disabilities imposed
by the Constitution and Reconstruction
laws.
Mr.. Buckalew argued that the Recon
struction laws having no application to
Tennessee. Mr.. Butler could not proper
ly be relieved from the disabilities i'm
posed by them. FH.s
He gave way at the suggestion of Mr..
Sherman, who presented the report of
the committee on Conference on the bill
to relieve certain manufactures from
internal taxation.
Mr.. Hendricks novel that the report
lay over till to morrow and he printed.
Mr.. Sherman urgedimmediate action,
saying everything objectionable to the
Senate had been stricken out.
Several Senators opposed acting on
the repont Immediately, and Mr.. Sher-
man consented 10 let it 20 over, and
gave notice that he would press it as
early as possible.
Mr.. Hendricks motion was modified
so as to order the printing simply, and
agreed to.
At 1890 the President pro TEN vacat-
ed the chair, which was Immediately
taken by Chief Justice Chase.
The Sergeant at Arms made a procla'
nation commanding silence.
The Presidents counsel took seats at
1890.
The Sergeant at Arms announced the
Managers on the part of the House who
took places, except Mr.. Stevens, who
entered soon afterwards and took seat
slightly apart
The House was then announced and
the Managers appeared, headed by Mr..
Washburne, of Illinois, and were seated.
The minutes of the last day were read.
Mr. Butler commenced his opening
speech at quarter before Que 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 endeavOr to sustain the cause of
the people against the President. The
speaker than reviewed the inpeach-
ment trials of other countries in order
to show in the light of these presidents
what really constitute impeacha6le of
fences. He defined" an Improbable
high crime or misdemeaDor to be one in
its nature or consequences subversive of
some fundamental OF essential prinei-
pie of the Government or highly preju-
dicial to the public interest, and this
might consist of a violation OF the Con-
stitution, of law, of an official oath, or
Sc l,,t, 49, 4. .. Il Il
or without yiolatingsa positive law by
abuse of discretionary power from inn
proper motives, or for any improper
purpose.
Mr.. Butler referred to the impeach-
ment of Lord Dandy, case, he said,
which went q great way towards estab-
fishing the principle that no minister
could shelter himself behind the throne
by pleading obedience to his sovereign.
He was answerable for the justice, the
honesty, and the utility of all measures
emanating from the Crown as well Us
for their legality, and thus the eXecu-
tive administration was or ought To bJ
subordinate IN all great matters of pol
icy to the supoTinteudence and virtual
control of the two Houses of Parliament.
The speaker then reviewed the pueS-
tion whether the High Court of I'M
parchment was really the Senate or not
and passed on the.InatteT of the compe-
tency of ono of the trieTS on account of
affinity to the accused. We believe it
is his right, nay his duty, to the State
he represents to set 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 he used according
to his best Judgment upon every grave
matter that comes before the Senate.
Mr., Butler recited the articles of i'm
parchment, and said that the House of
Representatives 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 Representatives, after a
full consideration OF his objections. II
he is To be allowed TO exercise this dan
gerous power of renewal, where is it to
endi Does the Constitution invest the
President with all the executive power
which is enjoyed by Kings and the
rulers of other nations: If so, il has
been much more liberal to him than TO
the legislative branch of the Govern.
ment. The executive power of appoint
ment is clearly United by the words Of
the Constitution, which orders the con
sent of the Senate necessary. The pow.
er which he has assumed to exercise is
kingly.
The power of removal was very elab-
oratsly debated in the First Congress
on bill to create State Department
1t was debated for four days and
finally was framed as to imply the pow
or of removal in the President, but the
triumph of its supporters was short
lived when it came to the House. On
motion of Mr.. Benson, the provision
implying the power of removal in the
President was stricken ont. 1t went
back TO the Senate, but as the debates
there were in secret session, we have
no means of knowing what did take
place, but we learn from the journal
that this provision implying the power
of removal was retained by tll casting
vote of John Adams, the Vice President.
Alas most all our woes have come
from our Vice Presidents. NOtwith-
standing this the facts show that the
President made no removal without
notifying the SeEate-that President
Adams removed Mr.. Pickering by NOM
mating q successor to the Senate. None
of the early Presidents had ever at
tempted to exercise the unlimited pow
er ofremOval, now assumed by the pres
emit occupant in that chair. Congress
has always asserted "a legislative power
in reference to removals from office,
sometimes in one way and sometimes in
another. Upon the whole, never until |
now has the exclusive control
over appointments to office been
exercised by the President. In
lo26 the powers of the President
were canvasseG in Congress aud Il com
mittee appointed on the subject, who
reported that it was necessary TO trim |
down his power by statuary |
enactment and they reported no
less than eight different bills on the sub.
jeet. One of them vacated within a
certain time all offices pertaining to !
the collection of revenue. 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 ap-
i