Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-30
rORraETn COrGREss.

w..u,-aros. April 29-SETATg.-Nr
rvsr,s assumed II TO be already
sbovn that this tribunal is court and that
| the President Is 10 be tried only on charges
supported by law and evidence, and by
common fame. He said much that had
been deliberately advanced by the managers
must tall TO the ground, so must in fact the
articles based on the charges which had re-
pea,edy been rejected as fair grounds for
impeachment. He referred TO the conduct
ing OF the case by the prosecution as similar
to the practice OF the Chinese who make a
great noise in the vicinity Of the object to
be attacked. He then considered Mr.. Bout
wells definition of Improbable offences.
He argued at length that no action could be
81 construed which did not proc I'd rom
malice and evil intention. Mr.. Evai.s held
that the best way TO determine the nature
of offences which may he deemed high
crimes and misdemeanoYs, b TO consider
the punishments prescribed for them. He
referred 70 the eplthsas appliea By the man
agen 10 The punish0ent OF depoeition, and
| In forcible tesms described the charscsef
and magnitude Of the disgracs which socn
punishment involves. He claimed ina! .
description ot the penalties PROVIDED 10 tne
tenure of-ofilce law for its iniraction sno"e9
| the comparativeIy trivial nature OF the Of.
| f.nse maximum but no minimum OIL
punishment is provided, so that in the dis
| cvaeion OF the court before whom the ind.ct
ment should be tried the offender could be
let off with q fine of six cents and impris
or mcnt OF one day. Mr.. Evarts considered
the general debates on the bill and proposed
to prove that the offence charged was not
made, or to be considered penal, bu. more
of political nature. and then that even
the alleged infractions did not take place.
-. r 49, ~
former personal turpltude must be laid aside,
and it must be considered that he was I'm
unavoidable before IL o'clock on February
2lsi. He then argued that even II
the removal OF Mr.. Stanton had been
actually effected there was no change
in the relations Of the War Department 10
the rest of the Government would have en-
sued, and hence that the mere act could not
be considered as dangerous to the public
safety; Gu the contrary, it would have been
benefited by 1t, because the relations exist
ing between the President and Ar. Stanton
were prejudicial to proper working OF the
Government; hence 1t resulted that the
crime consisted in the technical infraction
Of the law, If it shall be SO held.
He then tritfy considered the question
OF what was meant by unconstrued law
he said II was q paradox-it can be no Of
, Tense to violate the provisions Of such .
mere piece OF paper. He claimed no greatcl
; rights for the President than for privat.
! individual to test tho constituti0nslity o
a statute; thus he argued, the Presiden
made piper removal without force o
, viole acc, in order to assert his right to &C
/. undo the Constitution, which, as he be
D lieyed. was violated by the law In question
\ Against the assertion that formal violation
/ ale impcachable. without reference to III
. intention, he cited authority and argued q
A great length that the principles OF commo
I sense were opposed to any such views.
At this hour the Court took recess.
|, On re-sssembliue, Mr.. Evarts expresse
. h's surprise at the Managers denunctatio
:. OF those who peacefully resisted Jaws whic
= they dccreed unconstitutional. II was tn
J. duty OF every ministeTial officer TO raise
% question in favor of the Constitution, On
v IN the highest degree it was the duty OF u
It special defender of the Constitution. u
l. referred to the case Of Newell against Il
(. Auditor Of State Of New York, In which Il
4. latter successfully resisted the loan OF q
!. million dolla.s Also to the New York La
:. mpos ng q tax on broke: S sales, which WI
y resisted and pronounced void by the Unit,
y states Supreme Court. And 10 the aciit
- of Mr. Lincoln in suspending hd5eas corp
In FLORIDA in causing the arrest oil u
IL Maryland Legislature ard creating militaI
e. commissions IN time Of peace, Congrei
I'd by endorsing all these acts, confirmed &
n doctrine that motive must be cons;dere
and that mere iniracton of law was not
itself a ground for punishment, suggest
hy Mr. boutwell, as proper Tor the Pre-
dent.
IN Mr.. Evarts then took up the subject of /
he position OF the powers oil the President, Al
CO held that he was the direct representa-
Al. OF the people who elected him and for who
ar he held his powers in trust.
j.. Mr. Eyarts next poke OF the peculiar s
If uaion OF the country, from which ha
sprung the present proceedings lie
t.rred 10 the chaos caused by the rehellit
W and to the unprecedented social chan
rought by the emancipation of four N
'ts lions of slaves. lie said the question as
In the part to be taken by different branch
he OF the Government rs to the application
m the Constitution and laws in the work
OIL feconst uction we're immensely diff1cult al
readily productive Of honest differences
". opinion. He dw.lt at length on the col
plicat,on caused by political aspirations. o.
"A claimed that all these conside ratons we
-, motives to avoid or delay the action OF II
-, parchment, to cure the evils which polite
'u action would itself remedy He referred
an article in the Tribune as an example
ng tie feeling entertained by many that i
nus parchment was warranted for political II
ed sons, and argued in RECITATION of the vie
sr thus taken. He he q that the essence of I
ed Constitution WIS the authority of the pt
y, pie, and that its arrangement Of the rolati
powers of the different branches OF the Go
eminent was based on the idea that I
terms OF authority granted were so she
that the evils could be patiently endured
!. the people or few years. until the peor
H. could by ballot remedy them.
% at this point ttour o'clcck) tie Court al
no Senate Adjourned.