The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-05-01
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wAszrseros, April 80.
SENATE.

WAmIseros, April 80.
! SENATE.
Mr.. Summers resolution censuring Mr.
Nelson came up.
After Mr.. Nelson had made some remark
| disavowing any intentional disrespect for thu
| Senate. but admitting that be referred to I
duel, Mr.. johnson moved 70 lay the resolu-
ton, which vas agreed to--a6 to 10.
Mr.. conness' order for . night seseion wai
considered.
| M. Sumner offered TO amend BY making
the hours from ten o'clock TO six.
| On motion of Mr.. Trumbull the whole
subject was tabled-32 to II.
Mr.. Evarts resumed his argument to-day,
and held that it Vas grave reproach upon
the wisdom and foresight Of the trainers Of
our government to claim that 3 decision in
this case in favor Of the President would re-
suit in monarchy. In bis view the danger
wss 70 another Of The balances Of the ConSii-
tuition, nsmely The relation Of the rights Of
members and equality Of States, irrespective
Of population. From the principles Of the
Corsistution and the utterances Of the fore
most statesmen, il was evident that to make
the Senate the superior of the Executive WAS
to rob the peoples majority Of their rightful
power. In this manner the small and thinly
populated States would control the working
OF the government sgainst the will of those
Who cast the overwhelming majority OF votes,
and The Presidential election would become
. farce.
In support Of this position he quoted the
writings Of the elder Roger Sherman and
others, and enforced it by considering the va
rious emergencies which might arise under
the Tenure-of,O O6ice act. The act makes GER
tain officers permanent and renders removal
during the session of the Senate, difficult if
not impracteable. He referred to the de-
bates Of 1889 rs exhaustive OF the subject of
the power of removal, and clsime1 that the
point a, issue was settled aud firmly estab
llshed then by the trainers Of our Govern
men,, and by the practice of successive ad-
ministratiou afterwards. He also referred to
Mr.. Webster's declaration in 1885. That
question was settled by the endorsement of
President Jackson's removal of Duane, by
the people, the superior power Of all. In
regard 10 the suggestion that the Congress of
1889 was influenced by their high confidence
in President Washington, Mr.. Evarts asked
If it were not possible that the present Con-
aress had been influenced BY its opinions of
the incumbent President? He read from Va
rious con.emporaneous writer's TO show that
the importance Of the question was deeply
felt 1t the time that the effect OF the decision
was reached. in 1889, and was thoroughly un>
derstood. He claimed that the recent Law
was in direct contradiction of the decision
and practice of the Government for eighty
years, and having in itself no binding effect
on constituting the Constitution, doubts to lis
cons,itutionality might have arisen in the
mind of the President, for which be could
no, rightfully be impeaehed.
Referring to his argument of Yesterday re-
speciing the right and power OF the Presi>
dent to resist unconstitutional laws. 80 As to
bring them before the Supreme Court, be
read from the debates on the Fugitive Slave
Law the language Of Mr.. Sumner, in which
he quoted and endorsed President .Iacksons
declaration that each department of the Gov
ernment had the right to judge Of the consti-
nationality Of the acts in question, not al
ready covered by Supreme Court decisions.
Recess.
On re assembling. Mr.. Evarts considered
the attitude which Senators took in reference
10 this subject He said that nothing was
more abhorr~nt TO sense OF justice than that
a man should be judge in his own case, OF
decide on question which be had already
preiudged. Ii the Senate, in passing the
resolution Of censure on the 2ist Of Febru-
~, has pronounced on the subject of the con-
sti,uionality Of the law as political
action, then they had no right
to consider it Is . judicial question.
It would be extraordinary, almost inconceiv>
able, to suppose they did so consider il With
the prospect Of having to try the matter il i
we're judicial, as court Of impeachment, It
could be possible they did not regard it as .
political question. He reminded them that
the largest vote for conviction in Humphreys
case was on the article charging him With
having prejudged case and having allowed
a iuryman to sit who acknowledged that hs
had formed al opinion. ASaia: Tier tsd
m interest in the result. $50, ,d00, ,0Qe Of the
patronage and the power ct the Executive
Office we're the prizes offered them for con,
viction. Passing then to general consider
alton Of the evidence introduced in support
of the articles Of impeachment, be character
lied it As absurdly insufficient, although tho
managers have possessed very considerable
advantage iu preliminary privileges OF ex-
amining Witnesses and in hundred other
ways, in support Of the charge Of obs;raet-
ing reconstruction
Here the line failed ]