Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-03-19
The President and the Senate.

sue. Senators Pugb, kenna, and MaXey
have spoken in defense of the adminisDra
tioa and Senators Wilson, OF Iowa, Gull
lom and Doph havr followed in the lead
Of Mr.. Edmauds in support Of the resoiu-
tons ard ths position assumed 10y the
Republican Senators.
From the outset the Democrats seem 20
have had the decided advantage in the
debate, Mr.. Pugh maintained the Presi-
dents position with great force and abil
i'y and his argument Was q complete re-
ply to that Of Senator Edmunds; bu the
speech of Mr.. kenna shows the f,lsity Of
the Republican position in stronger
light than has yet been thrown upon it
and was altogether most able and well
ment
The sole basis upon which Mr. Ed
munds rested the weight of his argument
was subtle distinc ion which he attempt
ed to draw between the power to suspend
in his discretion, as conferred upon The
President by the amended tenureofetiic
act, and the power OF remoral He as
sumed that the tenure of-otfice act is con-
stitutioral legislation, and while conccd-
ing that the power to suspend which he
compared 10 temporary arrest, remains
always with the President, maintained,
nevertheless that the amended law still
required the advice and consent of the
Senate to the removal of any officer,
which must be svinced by its concurrence
10 the appoin' Of his successor. Mr..
Kenua showed the falsity of that distinc
ion very conclusively by the terms of the
amended law itse't, which provides that
in case the Senate shall reject the first sue
eessor to the suspended officer nominated
by the President, then he shall, as soon as
may be, nominate some other person to Jill
tie racancy. He very iorcibly argued that
if the improperly of the removal OF the
original incumbent was the ground upon
which the Senate should act ia rejecting
the appointment of his successor, it wou d
have been the height Of folly 10 provide
for the nomination of another person who.
however meritorious, would be rejeced
for the same reason.
Thus is the foundation upon which the
grave Senator restsd his elaborate argu-
ment shown to be as untenable as the
quicksand and as that is undermined and
topples over The whole superstructure of
sophistry will f.l to the ground and be
demolished. 1t would seem that Mr. Ed
munds has been conciusively met by the
terms Of the tenure of efIice law itself up
on which he has rested his assault upon
the administration. But behind this lie.
the deeper question of the constitutional
ity of that enactment of Congress, which
has been so freely and so frequently douot-
ed, but upon which there has never been
any Judicial decision. The President in
his message referred TO the doubtful con-
stitu ionality of this law. 1t viii be in
terestin. to hear what, If anything, Sens
tor Evarts, who III the impeachment tritl
so ably sd successfully defer dsd Presi
dent johnson for entirely disregsrding
tina: law, will now have to say regarding
is validity. The silence of this eminent
cors ituiional lawyer, if he preserve it,
as he prob,bly will do, will prove TO lie
another awkward embarrassment to the
sssaulting Republican Senators,
The Dustin case seems to have been an
especi. Is unfortunate selection for The
Republicans, as it does not properly pre-
sent the alleged issue upon which they
claim TO be antagonizing the administra-
ten. Dustin's term having expired be-
fore the commencement of he present SEES
sion of Coogress, the question Of consent
ing to his removal in the appointment Of
his successor cannot possibly be consid
cred. 1t 50 appears that No papers Of
the character called for in this case are on
Gle in the Department of Justice. The
Republicans seem to have exhibited an
unusual propensity for bun dsring in the
conduct of this assault upon the admin is
tration; but the Democrats will waive all
informaiities and meet Them squarely on
the issue they have seen fit to make as to
the right of the Senate to share in tie
Presidents power of removal fror office
and to examine the causes that influenced
him thereto.
There seems to be no room to douO,
that as lega proposition, the Presidents
exclusive power In this regard is we'll estab-
lished and that the Republicans have made
a great blunder in this matter Those few
Mugwumpian stat smen who think that
the President should have waived his con-
sttutionsl prerosatives and set the coun-
try have the information called for" are not
entitled TO much considera ion. The Presi-
dent proposes 10 exercise his own constitu-
tional rights and the country will probably
be content to trust to his integrity and
sagscity without exacting an apologize
explanation OF every official act and the
causes impelling him thereto.
The pending controversy between the
President and the Senate has assumed
rather = ridiculous shape. Mr. Emunds,
whose audaciry and temper we'll fit him
for the arrogant position of lea ership he
has taken in this assault upon the Presi-
dents prersgative, IT ade one Of his strong
est points by insisting that the suspension
of Duskin from office did not operate to
remove him, but that he still remained
the attorney of the United States for Ala
bama; or, as Mr.. Emunds expressed it.