Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-30
FORTIETH CONGRESS.
This Afternoons Proceedings.
Impeachment.
THE ALTA yELA EPISODE.
MR.. SUMMERS CENSURE REs0IU
TION LAID ON THE TABLE.
MR.. EvARTS, ARGUMENT coSrIx.
UED.
THURSDAY, April 3t

the counsel, for words used towards Mr. Man.
ager Butler.
Senator johnson moved to lay the resolu-
ton on the table.
Senator Anthony wished 80 ask the question
OF the counsel whether If IN the language he
used, he desired or intended to chaIlenge the
Mar ager 10 mortal combat ILaughter.l
Mr.. Nelson said that he was approac bed
during The recess ;he other day by the Mana
ger, who told him that he wished him 70 re-
main, as he Mr.. X. desired 10 say sOme thing
on the Alta Nela affair. Ii was rather difficult
for him 10 answer whether he Intended 10
hight duel. He considered the Manager had
insisted that he (Mr. y J was guilty of dishon-
orable conduct, and he had replied 70 il an So
terms as he thought II deserved. Although not
duelist, and not having fought one. he dad
mean 10 convey the intImaiion that he was re-
sponslble IN any manner FOR what he had said.
and would claim no preempuou OF any KIND
on account OF his age.
The resolution to lay on the table was agreed
10, as follows:
Ftds-Messrs. Anthony, Bayard, BucksIew
Catlett, Chandler, CoTbett, Cragin, Davis,
Dixon, Doolittle, Drake. Ednunds, Ferry, Fes-
sender, Fowler, treliDgh uysen, Grimes, Har-
Ian, Hendricks. Howe, johnson, Morrill, O.;
Name, Morton. Nortcn Il, Patterson OF n. IA,
Patterson OF Tenn Ramsey, Ross. Saulsbsry,
Sherman, Upton, Trumbull, Van wInkle,
Hlekers. and Willians-S5.
A0ys:-Messrs. Cameron, Howard, Morgan,
Mornl Of VI, PomeToy. Stewart, Samner.
Thayer- Wilson, and lates-lO.
Inc next question was announced a. on the
motion Of Senator Cameron. to hold night s-.-
slons hereafter. commencing at O'Clock.
Senator Sumner moved to amend. that the
caily sessions shall commence her-aster al 10
o'clock in the forenoon.
Senator Trunbull moved 10 lay the whole
subject on the table; which was agreed 70, as
follC W.:
Teas-1Iessrs. Anthony. BuckaIev. CstteiI.
Corbeit. Davis. Dixon, Doolittle, Drake, Ferry,
Eessenden, Fowler. Frelinghuysen, Grimes.
Hendricks. HOVE, John son. McCreery. Morrill,
OF Maine Morrill, of VI. Morton, Norton. Pat
terson of n. H., Patterson of Tenn. Ramsey.
Ross, Sprague. salisbury, TrunbuIl. Van
Wnkie, v Ickers, and WIlley-S3.
NGsS-MeSsrs Cameron. Chandler. COnkling.
Cragin. Edmunds. Harlan. Howard. Morgan.
Pom' roy. sherman, Stewart. Sumner, Thsyer,
Upton. Williams. Wilson. aud Yares-I7.
The Chief Justice then notified Jhe counsel 70
proceed.
Mr.. Evarts said the assertion that the power
Of removal II vested IN the Executive would
leao US 10 monarchy was strange cornmen-
taly on the wisdom. virtue. and foresight OF
our ancesters. who framed the Constitution
Tie would read from the Feder1Iist on this point
little closer attention both 10 the history OF
The framing OF the Constitution and the Chafac-
ter OF the debates VIII show us that this power
OF removal. as between the President and the
Senate, touches another great balance of the
constitution. that il. the representation of th.
people as TO members, and the equal represen-
talon as 10 States. V here States small IN num-
bers had the same power As those of immensely
greater pop ulation. II was said then that tnIs
must either make u the greatest Federal Re-
public or the most consolidated monarchy
Inc question arose as TO the share TO be given the
Senate in the control Of the Executive appoint
rnents. Mr.. Sherman claimed that Il should
ee apporuoned according 10 the States. The
elder Adams died IL the belief that this power
In the Senate would be one OF the most fruitful
means by which the Constitution might tail.
and the Government Ice broken up. Now, il
the Senate WAS not only 10 have the advising
power as 10 appointments, but was TO have the
preliminary absolute power TO say 10 The Ex-
ecutlye that these officers shall remain where
they are, although opposed 10 him, 50 long as
ihey aie IN accord with you, so soon l. this Is
done the balances extended by the Constitu-
non are broken down. He would like TO know
now the people OF this country would like 10
go through the formality of elecung Ia Psesi-
Gent on me ground that the constitutional bal
anees OF President ard Senate were 10 b. pre-
served, and then find that the Executive power
was TO be administered ON the principle of
the equality of the States. He would like 20
Know how the people would view The spec
tacle-how the people Of New York and
pennsylvania and Ohio and Indiana snd
all the growing States Are to have their
representation according 10 population in the
Electoral College, and then TO find that II Is only
form; that the President has no Executive
power but that ii is administered according 70
the equality OF the State; that Rhode Island
ana delaware and the free States OF the Pacific
are 10 have the same control as they. How long
VIII the people of the great States consent 10
this How long Will New York be willing
that New England shall have 20 much greater
control than she II the checks and balances ef
the Constitution are to be presented in this
way The power OF removal in this Govern
ment has always been claimed hy the Executive
independent OF the Senate until the passage of
the act of March :, 1867, the Senate ne yer hay-
Ing until that iime claimed any share of such
power The act does not claim it in ex-
press terms, and indeed the manner
in WHICH Congress has framed the bll
Is peculiar but the power of removing an OF
hcer as separate executive act is absolutely
stricken out You have deliberately deter
mined that the office shall remain as the estate
and possession of the inc umbent permanently.
and that no new appointment shall be mace un-
less confirmed permanently by the Senate, and
the new appolntee must go in and qualify. and
take possession. This Is q strange proylsiou
for our forty thousand office holders. with their
S2l,OtO,GOv OF emoluments. These figures hay-
ing been brought In here 10 show the glittering
prize which is contended for. He did not in
tend now 10 discuss any question of the Con-
sututionalily Of the law. IL had been discussed
with great ability by the Leading men who
were its supporters in both Houses. and they
mad been satisfied - its consututionality. hut
alter the expression of the legislative will there
would Yet Iemain, not Only among lurists, bur
certainly in the Supreme Court, the question
wht ther the one or the other view which was
taken Was correct This bill reyerses what has
heretofore been the practice OF the Government.
The very marrow Of the matter is touched
when you Were discussing the question of an
entire reversal OF the Official custom of the
Government. Iou should AT least have left in
the exception OF the Cabinet officers. The Pres
sident is responsible for their conduct and the
people Will hold him responsible until they
nnd that yen have robbed him OF the bower OF
control over them. Senator Howard, IN the
debate on this BILL had said that il had been the
practice TO make removals during the recess
for. years and generations. but II had ALWAYS
been opposed by many Of the Leading raan Of
the country. In regard 10 legislative construc-
lions of the Constitution. the able Senator from
Oregon Mr.. Willams) said that Legislative
constr uction IL entitled to very little CONSIDER
ation, and has no binding force: that one Iegis
tatnre might and had often, modified the con-
ST. uction of It's predecessor YET I'm the "a 90 81
this legislative constr ueton of an act passad
put one year ago. the word Of iupeac bment a.
now inteTpos ed and the President is 70 b. re-
moved for attempting 10 remove one of bis own
omeers. The spectacle is here asain preeent..d
Of Inc senate removing the Executive for an
a. infersm ppointment in bis place Of one of
their own number In the House of Repre-
sentafives Mr.. Manager Williams had also
ackn owiedged that the practice of the Govern.
rnent justified the, Pa esident In makins re.
Ihovale. He would not weary the Senafs With
8 further reading Of the debafes Of i.sa. but he
thopsht those debates were the most able in the
history Of our Government. This whole sub
fct ofteuure- Of once ana removal, therefrom
vas disguised in an exhnusfiye, man ner The
tenure Of the President the judges Of the Su
preme Court, and other high olicers md the
SENATORS was hxed, and then the whole control
q the Vast lumber Of minor on es was left untn
the Exeeptiys., MI. Sherman. and thore Who
akreeds with u him claimed 70 that ths
cbnsent. a. the Senate, which was msde
necess0y 10 N appointment, should aisn -
necessarI To- .. renoval.l Justice AM ssS
olhefs3 z hat this poWpr was n hene.t A. -.