Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-28

Of his othce s-orc To take care that the
laws De faithfully executed, and that the
duties Of legislation and adiudicstion OF the
laws fall in no way to his lot. To obey the
commands of the sovereign power OF The
nation and TO see that others obeyed. this
was his whole duty His attempt 10 es-
cape that duty will be misprision Of perjury.
Mr.. Stevens said accused him In name In
the House OF Representatives OF having
perpetrated that foul offence. Mr. oievene
then yeyie we'd the queegton OF the bocfeta-
rysbtp Of War, ard charged that ~ Presl-
dent had plainly and wiliiully violated
law which be kad sworn 70 sec faithfully
executed. n. Stevens Fidiculod - ide.
set up By ~ ssopondsne that Ne case did
NOT come un6oe IL tnnogU Of O(Dce law pc
cause Mr. Stanton Wao appointed by -.
Lincoln: he clajued tka1 81 the Constitu
ton the Vice Presideot, when called TO the
Presidency, was not serving out ne tenn o.
his own but the uncxpifed term OF nie P.oo-
ecessor. In relation TO the matter o. snset-
eat. Mr., Stevens sAid tnst IN the impeace-
mani more than In the indictments that The
sverring Of the fact charged carried with
n ali that was necessary 70 ny about the
intent. He went further than some and
said that no corrupt or wicked motive need
attach to the acts for which the impeach-
ment Is brought. II was enough that they
dent justified himself by asserting that all
the previous Presidents had exercised the
same right If removing officers, but there
were now express laws against II; 90 the
cases were not parallel. the President said
he removed Dir. Stanton to test the consti.
nationality of the law. He had already
seen it tested and decided by votes twice
given by two-thirds Of the Senators and
House Of Representatives. II stood as low
ur,ou the statute book. Tho President as
serted that he did not remove Mr. Stanton
under the tenurs-ot-0fflce law. This was
direct contradiction Of his own letter to the
Secretary of the Treasury.
The President denies that ho attempted to
prevent the execution Of this law. and yet
IN his correspondence with Gen. Grant re-
preached him BY asserting that he (she
GenerAl) knew his object Was 70 prevent
Mr. Stanton from forthwith resumirg the
functions of hts once, Notwithstanding the
Senate might decide In bic favor. Dir.
Stevens then referred 70 the claim Of the
President TO violste the Tenure Of Uf1c
law, because he considered II invalid. and
considered the position Of Tie President in
accepting the oath to take care that the
laws are faithfully executed. He alec de-
tailed the action Of Congress ON the law
expounded iss provisions, and criticised The
claim Of the President TO disregard them
He then took up the action Of the Senate
on the message Of the President. informing
that body OF the suspension OF Stanton
and afterwards its action upon the remove
of Stanton and appointing Gen. Thomas
Secretary ad interim. This offspring oil 81
eassinatiOn, said.Mr. Stevens, turns up0I
the Senate who have thus febukcd him Il
q constitutional manner, and bids them de
flance. Mr. Stevens then discussed the ar
; ticle charging the Prcsident with usurpinl
: legislative powers. and proceeded to shov
how he had interfered with the work Of re
b construction. He then briefly reviewed th
4 whole case, compared the services of Nj
Stanton with those Of M. johnson, notices
. the claim of counsel that no removal Q
=. stanton had taken place, because MIR.
held on 10 the oilce, and concluded 10y say
ing that II the President is not willing u
:. execute the laws oil Congress let HIN re
= sign and retire to his village obscurity.
Mir Williams then took the floor Ate
}, epe king OF the august character OF th
d tribunal he proceeded 10 state that thu
matter now under discussion WAS not
J. quarrel between two sfficials but An issu
beLwe, n the Executive and the American
raupls HI TOO would ask who Is Andrew
Johns ii? Nj W. held that the master kc
to all his conduct us President was his de
. sire 10 favor ana uphold traitors and fore
:, rebel states INTO the Union, on his pla
"a against tie expressed will oil Congress an
: loyal people, and went on 10 recite n grea
number oi acts which he claimed wer
q usurpations and offences applicable only o.
i the above superstition A elimination c
:. a long series of usurpstions of his oath c
: office and indeceDcies. was his attempt I
' oi~place Mr. Stanton in contempt Of ter
| a,,s s,s. ptAns. la
Mr.. Williams took up the answers Of thu
n Presidents COUNSEL Ia the charge Of VIC
lating that law, anu frat discussed the pre-
viso which, II WIS alleged, excluded Star
|. ton from lis operation. He had himse
J suggested the amendment aud explained il
y mchnipg, and he had never believed tha
. such construction would be put upon 1t q
read by the Presidents counsel. Ii wOul
: be contrary to the purpose Ut the bill
;, Stanton's case was meant to be covered,
i. 1t was not originating the cause Of ITS intrt
J. duclior. lie claimed that the principles G
construction require the proviso 10 be cor
strued in the light OF the purpose OF tn
law.
The Senate here took . recess.
After re-assemb bling Mr.. w. considered tn
y point set up by the defense, that the law /
unconstitutional which he characterized a
! defiance and challenge TO Congress, from
, the fact that the Constitution does not pro
= vide for removals, except by impeachment
lie drew the inference that q lcgislativ,
body must possess the sole power Of judg
ing, when good behavior ceases, aud wheI
removals should be made. He also claimed
, that the right TO remove In certain cases wa
either power delegated to the Executive
by Congress, or merely implied by the
. Constitution, and therefore not to be ex
: tended TO apply 10 all cases. lie then dis
cussed the judicial authorities cited by Ii,
Presi.lents counsel. arguing that they Of
fOrded no countenAnce 10 his views, but set
tie the point that Congress may fix tn,
tenure Of Office, so as to prevent REMOVAL
} BY the President, aud that bis power to re
move, 30 far a. II existed, was only implied
from his power to appoint against the legis
, lative construction which Was odduced II
support Of the President's theory on chi
subject he cited the passage from Webster
and Csihoun's speeches and writings o
Kent Story. to show the Interpretation
put ON the Constitution by the Congress 81
i70o was erroneous and worthy OF reversal
and called attention TO the fact that the law
; referred TO we've passed by small majority
in the House and Senate, BY . vote Of th'
; Vice President, who had direct interest II
their passage. He denied thoe oll wisdom
had died with our fathers and declared Ma
Congress bad = good figAs - coaslEue -
the Constitution = its pfedecesoosa
Al this point a O'Clock Jon uusios Of Mr
Morrill, OF Virginia, who sosd ~. Williami
was unwell and would not be able TO finisl
his speech to-day, the COurt sdioufned, and
the Senate. alter receiving several Execu
tive Communications, also adjourned sool
! afterwards.
HousR -Nr. Orth offered resolution In
quiring a. to the power Of Congress 70 reg
ulate the ealety and fare Of paseeueess OF
railroads. Adopted.
Mr.. Paine introducedA bill TO admit Al
kansas to representation In Congress. Re
terred 10 the Committee on Reconstruction
.. After sosne further business of An unim
portant nature the members If the HOus
lrocee ded TO The zen. te chamber.