The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-03-31
BY TELEGRAPH.
CONGRESS.
wAsn1NdrON, Maroon ] 80. B


/ 5Ht y NO . 80 ssFi
SENATE. sf.ef.lrr
Re.assembled at IL O'Clock.
Mr.. Edmunds called up the bill 10
which was amended and postponed
until tomorrow. $50
Mr.. Trnmbnll called up the bill pend
ing at adjournment Saturday, to re-.
lieve Mr.. Butler of Tennessee, from po-
litical disabilities. The question was
strike out the word ''constitution"
from the clause proposing to relieve
| disabilities imposed by the constitution
and reconstruction laws.
= 9Mr. Buckalew argued that the recon-
strnction laws having no application
to Tennessee, Mr.. Butler could not pro.
perly be relieved from the disabilities
imposed by them, BE gave way at the
| suggestion of Mr.. Sherman, who ure-
sented the report of the COMMITTEES of
Conference on the bill to relieve GER
tain manufactures from internal taxa
tion. 't 5aE1E-7z
Mr.. Hendricks moved the report Law
over till tomorrow, and be printed.
| Mr.. Sherman urged immediate ac.
tion, saying that everything .obiection-
able to the Senate Lad been.stricken
ont. - /
Several Senators opposed acting ON.
the report Immediately, and Mr., Sher-
man consented to let It go over and
gave notice that he would press it as
early as possible. ~ 77's7T
Mr.Hendricks' motion was modified
so as order tho printing simply and
| agreed TO. rsr-f3
IAtPEAoH1IESr. n go
At 1880 the President pro tenn yaca.
ted the chair, which was Immediately
taken by Chief Justice Chase -
The Sergeant-at-Arms made procla-
nation commanding silence. n
The Presidents counsel took their
seats at 1890. ~ III
| The Sergeant.at-Arms announced the
the Managers on the part ofEh House,
Stevens, who entered soon afterwards
and took seat slightly apart. The
house was then, announced and the
| members appeared headed by Mr..
Washburne, of Illinois, and were
seated. 3f7FF
The minutes of the last day were
read.
Mr.. Butler commenced his opening
speech at quarter before one O'Clock, =
Mr.. Butler spoke ut great length,
presenting to the Senate several OF the
propositions of fact and law upon
\ which the House Representatives
would epdesvor to sustain the cause Of
the people against the President. The
| speaker reviewed the impeachment tri.
ais of other countries, in order 10 show
in the light of those precedents, what
really constituted impeacha BILE Offences
He defined an impeachable high crime
or misdemeanor TO be one in It's nature
OF consequences subversive or some
fundamental or essential princi-
pie of government, or highly
preiudiolal to the public interest:
and this might consist of n violation or
the Constitution. of law, OF an official
oath, or of duty by an act committed or
omitted. or without violating a positive
| law by abuse OF discretionary mower
from Improper motives, or for any IIn-
| proper purpose.
Mr.. Butler referred to the impeach.
lnent of Lord Dandy, case. he said,
which went great way towards es.
tablishiDg the principle that no minis
| ter could shelter himself behind the
throne by pleading obedience to The
orders OF his sovereign. He was an
| swerable for the Justice, the honesty.
the utility OF all measures emanatinR
from the Crown as we'll as for their le-
| gality, and thus the executive admins.
tration was or ought to be subordinate
In all great matters OF policy, to the SUI
| perintendenc9 and virtual control or
the two houses Of Parliament. The
| speaker then reviewed the question
| whether the high court of Impeachment
was really the Senate or not and pass.
ed on the matter of the competency of
| one of the triers on account of affinity
to the accused. We believe It is his
right, nay his duty, to the State he rep.
sents to sit upon the trial, as he would
4 upon any other matter which should
Il come before the Senate. His seat and
vote belong TO his commitments, and
not to himself, to be used according 20
his best judgment, upon every grave
subject that comes before the Senate.
Mr.. Butler then recited the articles of
impeachment, and said the House of
/ RanFpaantRttVnR and afhn I,ar,o
| Joined issue with Andrew johnson as
to his right to act as lie has. This bill
which ne has violated, received the
sanction of both the Senate and the
1 House OF Representatives, after a full
consideration OF his objections. II he
is to be allowed to exercise this dan
| gerous power of removal, where Is IL
to end? Does the Constitution invest
| the President with all the executive
power which is enjoyed by kings and
the rulers of other countries? II SO, It
has been much more liberal to him than
to the legislative branch of the Govern
ment. The executive power Of appoint.
ment Is clearly limited by the words OF
| the Constitution, which orders the con-
sent OF the Senate necessary. The power
| which he has assumed to exercise is
kingly. The power OF removal was
very elaborately debated in the first
Congress on the bill to create q State
Department. 1t was debated for four
days and finally was framed SO as to i'm
ply the power Of removal in the Presi-
dent, but the triumph of Its supporters
was short lived. When It came TO the
House, on motion of Mr.. Benson, the
provision implying the powers OF re.
| mOval in the President was stricken
out. It went back to the Senate, but as
the debates there were In secret ses-
| sion we have no means OF knowing
what did take place, but we learn from
the journal that this provision imply
ing the power of removal was retained
by the casting vote of John Adams,
the Vice President Alas, most all our
woes have come from our Vice
Presidents. Notwithstanding this,
facts show that the President
has made no removal without
notifying the Senate. President Adams
removed Mr.. Pickering by nominating
a successor to the Senate. None of the
exercise the unlimited power of re-
i cupant in that chair. Congress has
always asserted q legislative power in
reference to removals from office, some
times in one way and sometimes in
another. Upon the whole, never until
now, has the exclusive control over ap.
pointments to offics been exercised by
the President. In 1926 the powers Of
the President were canvaSsed in Con-
gress, and a committee was appointed
on the subject, who reported that 1t
was necessary to trim down his power
by statutory enactments, and reported
no less than eight different bills on the
subject. One ofithem vacated within
a certain time all offices pertaining to