Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-01
FORTIETn CONGRESS.

Mr.. Eyarts held that Il was \ crave re-.
preach upon the wisdom and foresight OF
the iraMers OF our Government To claim
that decision in this case in favor OF the
PRESIDENT would result in monarchy. In
his view the danger was 10 another Of
the balsnccs o. the Constitution, namely.
the relations IL the weight Of numbers and
equality o! States, Irrespective of popula.
tlor- From the principles Of the Constjtu.
ton, ana the uttersuess of the foremost dis.
ungnished statesmen. it was evident that to
make the Senate executive Instead Of advi.
sorry. was 10 rob the peoples majorfty Of
their rigntts1 power. In this manner the
small and thinly populated States would
control the WORKINGS OF the Government
againai tho will Of thpse who cast the over.
whelmipg majority OF votes, and the Prcei.
desssAf election would bec0me farce, In
support u thss position he Quoted the writ.
ings ot the elder Adams. Roger Sherman
anu Others, and enforced Il by conside ring
vartoos emeracnc u which might arise ~.
der the loauTe-0i O01ea Act which make.
certain offices permanent, and render ~.
moyal during the session Of the Senate din
cut u not imrracticahlc. He referred 10
she debate OF l7c9 A. exhaustive Of the suh.
rect ~ THO power Of removal, and claimed
tnai the point at issue was settled and firmly
established then BY the Trainers of our Gov.
eroOmCRnd by she practice of successivo
administrations lie Afterwards referred ~
ar. Webslcr's declaration in 1885. ,hs, Tho
question vas scrlt d. and to the ep,lo,s,
:, tnt 81 President Jtukson's renewal ~
Diancs b the pe"p'c, lie superior power ~
az. TN feeaFd ~ The suggestion TIA, -
ngr.ss ~ 1889 WIS influenced BIZ linz
ttgn cobSeic c. IN the pres;.;ep,
Dir. kvafts asked Ii il we've not possif,e
MT the present Congress had bern i,flI
enced by its opinions All the Incumbent
President. He sad from various contem
9omneaus writer's Ia show thai The impot.
lance Of the question was deeply felt at III.
tme, aud thai the 1 Rect Of the decision
rsached in 1889 waathofcughly understood.
ne Claimed that the recent law had been in
oIteet contradiction OF the decision snu
p.ae,ce OF The government for eighty years
aiu navlng IN Itself no binding effect on
s'ns'luing Tue Constitution. Doubts rs
:, IL, lss consutuuonslity might actually have
sfisen in the mind Of the pres;d ~ -s.r
which he could not be imr eac ed-referr;nr
20 his argument of yesterday Respecting ,hs
l'gns and power of the President to resisr
unconstitutional laws, so as TO bring them
ue,orc The Supreme Court. He read from
ueoa'es on the Fugitive Slave Law in 1870
tne language OF Mr.. Sumner. in which he
quotta and endorsed Presitieot Jsrk.cc,s
Gays TIA, each departn.ns Of the
consiituiionaliiy Of the acts IN ouss,;"r ~ nj
cision. S~ss VIZ
The court here took q recess
On n assembling Mr. Eyaris con.;a.,.a
the attitude which The Senator'S took ~ -
erencc to this subject He said nothing
was more abhorrcnt to sense OF iusiics,
than that . man should be judge Is III
own case. He held that if the senate -
passing the resolution OF censure on tbs
slsl q February had pronounccd on he
s.cc,n,ss'toslonaIity Of The Law q . political
os,r. S ~ could not consider Il q iudisis
mist ' inc,.,l y would be extraordinary, Il.
cons,i.s ,,s.nceivablc, to suppose they ;jid so
trv thu nS., uun the prospect Of hsyiue Is
eii.rssa ssscs. y i we're judic,si, : esasS
~ IN ~ sss.,s s.. !. not = peo110is
" 1lnded 49, ~ ~ ~ S.s ..sss