Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-05-01

Objection was made, and it goes over under
the rules to Monday.
Mr.. Sumner proposed two additional rules, viz
First. That Chief Justice Chase shall ask each
Senator, "How do you vote? ?" and he sh all reply
| ''guilty or not guilty." Second. That upon con-
vcton, it shall be the duty of the presiding officer
to order the convicts removal forthwith.
Objection was made. and the matter goes over
to Monday.
Several Senators made points that the new
issues would come into the Senate where intermi-
nable debate was allowable postponing the result
indefinitely.
Chief Justice Chase ordered the argument to
proceed.
The prosecution not responding MIR. Groes-
beck commenced. He argued that the body he
was addressing was Court arguing from the
Constitution which permitted neither bills of at
talnder nor irresponsible tribunals and especially
such as were laws unto themselves. President
Alncoln's plain violations of the Constitution had
beenratlfed by Congress, because his motives
were good. He then proceeded to argue that
the first eight articles rested on whether the
President had the right to remove Mr.. Stanton
and give to General Thomas ad interim appoint
ment. He argued that had President Lincoln
lived, and had the tenure-sfofice bill been passed
IN hostility to Lincoln, Lincoln, under its pro-
visions during his second term would have legally
removed a Cabinet officer appointed by himself
during his frat term and that Stanton had in
fnitely less claim to tenure under Mr.. Johnsons
term.
Mr.. Groesbeck was suffering from the Bron-
chitis.
An adjournment was proposed, but Mr. Groes-
beck fearing few days delay would not help him,
asked to be allowed to proceed, though circum-
stances compelled him to make important oms-
sions in his argument, the President having con-
suited his advisers who indicated that by the Con-
stitution he was g,liltless of the crime. It was
comparatively useless to urge the unconstitution-
ality of the act with those who framed it but,
granting it's constitutionalitv be denied the Presi-
dents criminality. The Presidents oath of Office
required him to maintain the Constitution, and
that minor officers swore only to support it. In
answering Mr.. Boutwell,, that the President was
bound to execute all laws, Mr.. Groesbeck inquired
about the Presidents duty when the Supreme
Conrt had declared law unconstitutional.
Mr.. Groesbeck quoted large number Of pre-
cedents against which alone was the act of 1867,
claiming that there was abundant room for doubt
and hesitation on the part of the President, suff
cient, at least, to induce him to resist with the
view of obtaining judicial decision.
Mr.. Groesbeck asked whetherthe President was
to be convicted and deposed before he bad acted
the Interpretation sanction by his constitution
al advisers; by the Thirty-eighth Congress-; by
the Supreme Court, and by the uniform practice
of the Government? The evidence showed that
the President acted in the public interest in re-
moving Stanton. Mr.. Groesbeck contended that
the Presidents acquiescence in the tenure-of-of-
flee bill as long possible point in the
Presidents favor. AS Mr.. Groesbeck proceeded
he recovered his voice and held the floor and gal
leries spell-bound. In Concluding he expressed
his confidence in the final result, and
characterized the precedents of conviction
referred to by the managers rather beacon
lights of warning than examples for their guild
ance, and pronounced glowing eulogium upon
Mr.. Johnson's life, character and past public SER
vices.
Gen. Schofeld's nomination causes various
specuIations. First-Olive branch held out
to Conservative Senators. Second-Compromise
between Gems. Johnson and Grant. but the affair
is still State secret. Gen. johnson appears not
to have been consulted even in the Cabinet about
his nomination.