Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-05-01
CONGRESSIONAL.

foresight OF the trainers OF our koNoIn'
ment to claim that decision in this
case in favor Of the President would
result ia anarchy. In his view the
danger was TO another Of the balances Of
the Constitution, viz The relations Of
the vsight of numbers and the equality
of thS States, irrespective OF population,
from the prisciples Of the Constitution
and the utterances of the foremost and
most distinguished statesmen. IL was
evident that TO make the Senate execu-
tive instead Of invesory, was 10 rob
the peoples majority of their rightiul
power; as in this manner the smallest
and most thinly populated States would
control the working Of the government
against the will Of those who cast
the overwhelming majority Of the votes,
and the Presidential election would be-
come farce. In support Of this posi-
ton he quoted the writings OF the elder
Adams. Roger Sherman and others, and
enforced il by considering the various
emergencies which might arise under
the Tenure OF Office act, which makes
certain offices permanent, aud renders
removals during the session Of the SEN
ate difficult if not impracticable. de
proceeded to quote from the debates IN
the Senate, when the bill was under con-
sideration, the language of Wilson,
Howard and others, 10 show that Its
egec, was to revolutionize the practice
of the Government, and quoted an ex-
preston to the effect that while the leg
islatiye construction had little weight,
vet the decisions Of constitutional ques-
tons by the Supreme Court we're author
tiles. Mr.. Evarts contended, However,
that the decisions of the Congress of
1889 were not only authoritative, be-
cause they we're confirmed by the Su-
preme Court, but that they carried i'm
mense weight Of themselves. de re-
ferred to the debates of 1889 as being
exhaustive of the subject OF the power OF
removal, and claimed that the point at
issue was settled and firmly established
then by the trainers of the Government,
and by the practice Of successive admin.
istrations afterwards. he also referred
to Mr.. Webster's declaration in 1885,
that the question was settled as to the
Endorsement of President Jackson's re-
noval of Dunn, by the people-the su-
perior power of all.
In regard to the suggestion that the
Congress of 1889 was influenced by the
high confidence placed in President
Washington, Mr.. Evarts asked il it were
not possible that the present Congress
had been Influenced in an opposition by
its opinions on the incumbent President
He read from various cotemporaneous
writer's to show that the importance of
the question was deeply felt at the time,
and that the effect of the decision
reached in 1889 was fully understood.
He claimed that the recent law had been
passed in direct coutravention of this
doctrine and practice of the Govern
ment for eighty years, and having in
itself no binding effect. In constituting
the constitutionality of it, doubts might
naturally arise in the mind of the Presi-
dent, for which he could not rightfully
be impeached. Referring to his argu-
ment of yesterday respecting the right
and power OF the President to resist I'M
constitutional laws, so as to bring them
before the Supreme Court, he read from
the debates on the fugitive slave law in
1852, in the language of Mr.. Sumner, in
which he quoted and Endorsed President |
Jackson declaration that g each depart
ment of the Government had the right |
to Judge of the constitutionality of the
acts in junctures not already covered by |
the Supreme Court decisions" and to
dismiss and depose the President for an
attempt to maintain the supremacy Of |
the Constitution, would be to make him |
a victim to Congress and a martyr of the |
Constitution. Mr.. Evarts then consid-j
cred the attitude in which the Senators
stood in reference to this subject,
and said nothing was more apparent to
sense of justice than that man
should be Judge in his own case, or de-
eide question which he had already pre-
judged. He held that if the Senate, in
passing the resolution of eensure on the
Dist of February, had pronounced on the
subject of the constitutionality of the law,
as a political action, then they could not
consider it judicial question; it would
be extraordinary and almost inconceiv-
able tie suppose that they did not SO con.
strue it, with the prospect of having to
try the matter. II it were judicial, as
court of impeachment it could not be
possible that they did not regard it as
a political question. He reminded them
that the largest votes for conviction
10 the Humphreys case we're on the
articles charging him with having,
while judging case, allowed a juryman
to sit who acknowledged that he had
formed an opinion, and again that they
hadan interest in the result of $50 ,00C, 000,.l
and of the patronage and the power of
the executive Office were the prizes
offered them for conviction. Their po-
litical prejudiees, too, be argued, Joined
with other considerations, caused them
TO cast out as improper for their decision
the charges alleging violation Of their
own law. And passing then to general
Of the evidence introduced
in support of the articles of impeach
ment, he characterized it as absurdly in
sufficient, although the managers had
very considerable advantage
in the preliminary privileges Of exam
lining witnesses, and in q hundred other
ways
10 support of the charge of obstruet-
ing reconstruction, there was the Par
son dispatch, while Wood, the Office
seeker, was the only witness to uphold
the accusation of abuse of the appoint
ing power. The staple of their speeches
consisted Of thetmatter twice rejected by
the House, as not warranting impeach-
ment, yet Mr.. Stevens thought the intro
duction of the llth article indispensable
to conviction, as, he said, the court would
be green not to sequit ON the other ten.
Mr.. Butler, however, contended that if
the first failed, that it would be useless to
look to the eleventh. To the articles
about the Presidents speech, Mr.. Evarts
held that there were two fatal objections.
First, the speeches had reference only to
a d,Haranf ConUraou and aaoondiv that |