The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-25


cussed yet he persevered in his determination ana
the power and authority OF the President OF the
pointnenis resolution was introduced lpt0 the
Senate believe, IN reference 10 the remOvalof Mr.
Duane, te tne effect that the President OF the United
states In MS iite proceeding, had violated the con-
slitution That resolution passed the Senate.
gentleman who IL now no more but whose name
Is wen Known IN the political history OF the United
States-Mr. benton-took up the sabject. have not
referred to the history of the debate with sufficient
accuracy TO you how long he continued To agtate
the question: MY own recollection Is that IL was for
several years, and remember, as the senators win
remember, the remarkable expression which Mr..
Benton used. SOLITARY and alone, " said he I'll set
lliiS paii III inouOp" lie determined that that resO
luton, consuming the action of the President should
be expunged nom the records OF the Senate. lie
debated 1t time and again with tremendous energy
and power, until at last the resolution was eXpunged
from the records OF the Senate OF the United States
ana tIat Is the latest record have in favor OF the
power oi REMOVAL SO iar as that action OF the
Senate OF the United States goes it is in favor the
power and authority for which have argued There
your attention In this connection But let us see first
how far we have progressed in the argument have
shown you the opinions of Mr.. Madison and Mr.
Sedgwick and Others In the debate of 1859. | have
shown you the opinions Of Judges Kent and Story,
two Of our ablest American commentators. have
shown you the opinion Attorneys General eminent
IN their profession and standing high in the conf
dence or the country. have shown YOU the action
OF the American Senate in tile expungng resolution.
TINS present to you what may CALL in the Ian
guage OF Judge Story, an unbrOkcn current of
authority in favor Of the proposition that not only
President has the right to remove from Office which
he claims in his answer and maintain, Senators,
that, whether he was right or wrong this current Of
authority for eighty years Is sufficient to throw pro-
lection around him. When show, as have done
from the opinion OF Mr. Speed, that in the absence
Si amy "% d%ia az Yer It is the sworn and
to Judge OF constitutional question for himself
40 not present to this Senate any novel doctrine t
IL not Tor me 10 say whether the doctrine is right or
wrong MY opinions are OF no sort OF con-
sequence in this Senate If my arguments are
S me Influences oa aad w %e they VIII
IL ls not necessary for me to say what think but
maintain that that Is novel doctrine In the United
States. told you yesterday that the President is
democrat of the stctest sect; told you that he
really maintained by democrat in the Convention
which nominated Mr.. Lincoln and himself for Presi-
dent and Vice President of the United States. That
was not democratic convention It was a conven-
ton composed of Union men without any reference
to the old lines OF demarcatiOn between wings
and democrats; 1t was convention which assembled
together for the purpose of sustaining Mr.. Lincoln,
and whose view and opinion was that by sustaining
Mr. Lincoln ana the measures or his administration
1t would sustain the strong arm OF the government
In putting down the rebellion, which had not then
been brought to conclusion. In the reply which he
made when he was informed of his nomination, he
remarked that he was q democrat Now, Senators,
VIII read you the two opinions of Mr.. Jefferson and
OF General JACKSON on the subject OF appointments
to office, and before do so let me call your
attention to one dact.keeP the political train
ever in your mind. Go to his stand
point; look at things lie looked ut them; Judge
of them as he judged of them, for you are now In
search OF motives; that Is what you are trying to
determine in this case. You are In search of the
question OF intention, ana when you judge of his
conduct recollect that he is democrat of the Jerer-
son and Jackson school. If | can show you, as
will presently, that Mr.. Jefferson and General Jack
sou undertook to consrue the constitution for them
selves and claimed that as executive officers they
had right to do so, when will show you that ac-
cording to the political training and education Of
MIR. Johnson he might well believe that they had and
especially when he had Mr. Speeds opinion confirms
tory OF that doctrine II furnishes satisfactory
vndication and protection Of the President the
exercise Of his Judgment He then proceeded to
quote from Jefferson and Jackson to show that the
position assumed by the President was correct AMI
proper one. We have had, he continued, good deal
OF talk here about prerOgatives. That was the pre-
rogativc which General Jackson asserted that he
had a right to construe the constitution of the
tribunals OF the country. II General Jackson and
Mr.. Jefferson asserted such executive power,
nov much pr more misht andrew Johns n
about which threre is some difference OF opinion
between the Congress of the United States and my
self. Here is question which has disturbed and
divided the country. / desire to have this question
settled. do not wish to settle 1t by my own right.
desire TO submit to the judicial tribunals OF the
power which has been exercised from the iouyia-
NO., M s, OF the .r government VIII VIII remove
condition in which it be settled by the judicial
tribunals Of the country. will invoke the action OF
the highest judicial tribunal Of the country II the
supreme Court of the United States decides this
question in favor OF the views which Congress mas
presented, win acquiesce in and submit TO The de
cison. II the Supreme Court Of the United States
decides the question in the other way win pcrsc-
we're III the determination to appoint some one In the
place OF an officer OF my Cabinet who IL obnoxious 10
me-" Now. ! maintain Senators, that there was
nothing wrong or Illegal in that. But it argued
on the other side thai after tile President oil fhe
United States had vetoed bill and after It has been
passed his veto by two.hrls OF both houses IL
ia then placed in such situation that lie has no
right 10 put any cOnstructionupon il different from
that which Congress has put upon it, cannot sec
the logic Of the argument. a law passed by Con-
a@a e s,au by books President G
more than law. II the President OF
the United States exercises his veto power ami
attempts TO prevent the passage OF the law by reus.
ing his assent, which the constitution empowers him
10 give withhold and II the Congress OF the United
states pass his and IL comes on the tat
ute books Is IL any thing more than law Has
1t any greater or more binding force IN the
one case than In the otherr II the Prosi-
judgment at all, may he not exert II In the
one case just as much as lie may exercise il In the
otbers cannot for the lie OF me see the force Of the
definition which the honorable Managers are attempr-
ing 10 make. No, senators, there questions Pc
cuarly belonging to the executive department which
the President must OF necessity have the right 10 de.
termlnc for himself; and specious Ingenious as the
argument OF the honorable Manager (Nlr. BoutwelD
was that there may he an implication In favor OF
Congress ~ 10 the right OF powers enumerated IN The
constitution, ana that there IL no implca-
ton in favor Of the President as to The
duties which are imposed upon him by the same
that argument mas foundation IN
sound reasoning or In no authority known 10 the law
The very term, "eXecutive power, like most OF the
other terms employed In tile constitution, are tech
meal. have SHOWN you how Mr.. Madison under
stood In the debate OF 1882; have shown you what "a
wide latitude he took IN dealing with the words
power" and IN arguing that the Presi-
dent was responsible for the action OF the Cabi-
mel which lie called around him. Well, IL
you get from the constitution an implication to
he derived from the words executive power" or
from the words that ''he shall take care That the
laws are faithfully executed" or from some other
words in the constitution relating 10 that power
IL say, YOU can derive any power In the one case,
then the doctrine OF implication arises to ali the
other powers that may he conferred upon him, and
can see no reason why you may not
imply anything that IL necessary to he done
~ much IN favor Of the President a. YOU
may imply IN favor OF Congress. by the constitution
Congress may create navy, declare war--niay levy
axes; but the constitution does not say how Con
yiess has 10 create navy 1t does not say whether 1t
TO 10 that particular act by taxation not II does
l0i prescribe whether the vessels are 10 be ion-cla
Jr wooden-clad; whether they are TO be steam
vessels or sailing vessels; IL does not prescribe
now much tonnage they shall have--all these
md OH