The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-23

entrance IN the Senate was OF so recent a date
aes snst woud pot IN maj any
discussion during the present session OF the
that ieel 1t Incumbent on me TO say something
IN reference to the resolution now under con-
slderaton And what may say on this occasion
want A. distinctly Understood grows out OF no
party BIAS or partisan leeing, but IL IS upon the
ground That the resolution proposes to cover acts
aud measures which think are clearly In viola
ton OF the organic Law OF the land, and without
authority That being so. cannot give my con-
sent TO the resolution, and Will be compelled to
vote against IT.
THg QUESTION NOT LEGIrIMArELY BEFORE THE
SENATE.
think IL proper that | should give some few
reasons why cannot give In my vote. In the
nrst pace Ar. President, II seems 10 me that the
consideration OF a resolution embracing questions
OF sucn grave Importance Is not egitimateU be-
mate 9, consider It before q Senate convened
tnls mas been convened. ! understand That thus
purpose MANY OF acting upon executive bust
ness, not embracing questions OF legislation. put
the Executive Department-tne Senate be-
tag u part OF the treaty-naking power.
reject s ali nominations that may LAY" be ' made.
TINS consider the legitimate business OF the
to nave the senate take charge OF measures that
LOOK 10 iegislation-that look lar beyond this
na act Sx u lSs 6asY + s
legitimate 10 consider every act and every
wsca sv.D ae r%
would he as legitimate " offer a resolution,
for instance, proposing to express an opinion
the government, or With reference to a
return TO sound currency, ana long list OF
Seem TO me TO be travelling much further
out or the record for the Executive to
come forward and presume to act IN def
ance OF the Legislature than for tae Legislature
TO come forward and approve OF the acts OF the
President. Ordinary measures are presented for
the consideration OF Congress, ana wnen they are
acted upon IL ~ the duty OF the President 10 con-
the Senate nor the Congress OF the United States
can ST. 10 Judgment as !. were upon nus acts Win
measures as he may thsk proper G 10 act upon.
TINS would De reversing the ynole order OF legis:
| legislation, would be reversing the policy and
principle upon which the Legislature mas acted Tor
number o. years, or perhaps from the origin Of
| the government until the present time.
"REMINISCENCES OF JACKSON.
We remember very wei, presume every Senator
! were brought forward years age by the dlstin-
gnisned senator rom Kentucky, Mr.. Clay, with
demniDg MIN for removing the deposlts-condemn-
ing and censurlng nim IN strong terms Both
Legislative department OF tue government aud
Notwithstanding the senate passed those resolu-
by the country alterward that they were
lllegltmate. as 1t was not In the power OF the
Senate 10 pass upon the Executive unless they
were sitting AZ q court OF impeachment. But
now We are called upon In the Senate to approve
the nation IN reference to the resolution that was
adopted condemelng General Jackson, when ne
botn houses OF Congress were IN session, ana
! when they were convened under the provisions of
the constitution and when they were acting
son Of 1 ssa na
the journal OF the Senate. Now, 1t seems
to me tnat should settle the question most
clearly; that we nave NO authority to act upon
absence OF the otner house. There are many
things tnat are as legitimate for us 10 express an
this resolution prOposef 1t seems 1t has required
great care to prepare it. The nrst one introduced
! 10y the senator from Indiana (Mr. Morton) was
drawn up IN somewhat broader terms; perhaps
/ too broad for some members or the Senate to sup
Freiingnuysen) introduced a resolution seemingly
not broad as the one introduced by the Senator
| rom Indiana. 1t seems to narrow 1t down 10
almost an abstract idea, bus when we come to get
At 1t IN substance the resolutions are the same,
a mere modification IN the matter OF verDIage 60
suit the particular vie VS. OF some individuals and
IL does not affect the substance in the slightest
degree. IL is simply calling apon the Senate TO ex.
press an oplnon with re terence to EXECUTIVE CON
duct IN the organizat- n o.. the State government
FORMER COURSE OF THE GOVERNMENT
Now the query comes up, What has been the
course Of the government with reference TO cases
making an Introduction to what am going to
say. That was the case when occurred in 1866.
was a Governor elected and a Legislature
mad been ADOPTED by the people IN convention.
Tue Legislature was convened, the Governor Was
I
! Governor OF the State. Here was the Legislative
| Department. here was the Executive Department.,
coordinate branches OF the government. The
judicial Department was also in full operation,
and each one OF these branches OF the govern
ment moved In It's appropriate sphere, and one
! had no rlgnt to encroach upon the rights OF the
other. When this Legislature convened there
Was difference Of opinion between the
Governor the State and the Legls-
lature, and that difference OF opinion
! became almost lactOus. The Legislature became
refractory and tile Governor became refractory.
| The Governor undertook TO control the Leglsla-
| ture and the Legislature refused 10 have q
quorum. There was contest between Two de-
! partmeDts OF the government. The Governor
wanted ais policy carried out his meas ures acted
upon. The LegiSla turc was opposed to the IA, and,
! 1or the purpose lettering the Governor from
| carrying out mis- plans, IL reused to compel
quorum 10 be IL attendance, ana hence the con-
and the struggle between tue two.
According to the constitution they were CO.
ordinate branches or the government and one
| had no right to eucrOach unOu the other We